Wis. Admin. Code Department of Natural Resources NR 37.01
This chapter applies to timber harvested under timber sale contracts executed on or after October 31, 1989. Parties to contracts executed before October 31, 1989 are encouraged to amend the contract to incorporate the restrictions in this chapter. Timber harvest and cutting under timber sale contracts executed on or after October 31, 1989, shall be consistent with subch. IV of ch. 30, Stats., and the rules established in this chapter and shall include specifications, terms and conditions necessary to ensure that this chapter and subch. IV of ch. 30, Stats., are met.
NoteStatutory Provisions Related to the Cutting of Woody Vegetations. These rules do not apply to nor govern the cutting of woody vegetation (which includes trees that are not timber), that is prohibited by statute. Exceptions to the prohibition are summarized below.
Section 30.45(3) and (3m) prohibit the cutting of woody vegetation (which includes trees that are not timber) on the land or riverbed in the riverway except for the amount necessary for:
Wis. Admin. Code Department of Natural Resources NR 37.01
Statutory Provisions Related to the Cutting of Woody Vegetations . These rules do not apply to nor govern the cutting of woody vegetation (which includes trees that are not timber), that is prohibited by statute. Exceptions to the prohibition are summarized below.
Section 30.45(3) and (3m) prohibit the cutting of woody vegetation (which includes trees that are not timber) on the land or riverbed in the riverway except for the amount necessary for:
1. One strip 15 feet or less in width for each separately owned parcel of land on the river that is necessary for gaining access to the river. (s. 30.45(3) (a) and (3m) (a), Stats.)
2. An activity for which a permit has been issued, and not revoked, under section 30.40 or 30.445 of the statutes (permits for structures or mobile homes, walkways and stairways, cutting timber, utility facilities, bridges or piers). (s. 30.45(3) (ag) and (3m) (a), Stats.)
3. An activity that s. 30.44 of the statutes exempts from a permit. (ss. 30.45(3) (ar) and (3m) (a), Stats.)
4. Maintenance of an easement or right-of-way for a utility facility. (s. 30.45(3) (b) and (3m) (a), Stats.)
5. Construction, reconstruction, modification, relocation, repair or maintenance of a high-voltage transmission line. (s. 30.45(3) (bn) and (3m) (a), Stats.)
6. Construction, modification, reconstruction or repair of a public access site allowed under s. 30.45(8) of the statutes. (s. 30.45(3) (c) and (3m) (a), Stats.)
7. Construction, modification, reconstruction or repair of a wharf allowed under s. 30.45(9) of the statutes. (s. 30.45(3) (cg) and (3m) (a), Stats.)
8. Maintenance of a structure by a person who complies with the provisions of ss. 30.44 to 30.46 and s. 30.45(1), (2) and (4) to (13) of the statutes that apply to the structure. (s. 30.45(3) (cr) and (3m) (a), Stats.)
9. Maintenance of a right-of-way for a highway, private road or a railroad. (s. 30.45(3) (d) and (3m) (a), Stats.)
10. Modification, repair or reconstruction of a dam. (s. 30.45(3) (dh), and (3m) (a), Stats.)
11. Removal of woody vegetation if a forester has issued a written determination that the woody vegetation is subject to an actual, potential or incipient infestation or infection by an insect or disease that is harmful to the woody vegetation. (s. 30.45(3) (dp) and (3m) (a), Stats.)
12. Removal of woody vegetation damaged by natural causes. (s. 30.45(3) (e) and (3m) (a), Stats.)
13. Firewood for the person's agricultural or household use if the land owned or occupied by the person is more than 75 feet beyond the ordinary high water mark of the river. (s. 30.45(3m) (b), Stats.)
14. Removal of woody vegetation necessary and reasonable for those agricultural use activities and structures specifically authorized under s. 30.46, Stats.