Chapter 26 — PROTECTION OF FOREST LANDS AND FOREST PRODUCTIVITY

26.01 Definitions. In this chapter: (1) Unless the context requires otherwise, “department” means the department of natural resources. (2) “Forest fire” means uncontrolled, wild, or running fires occurring on forest, marsh, field, cutover, or other lands or involving farm, city, …

26.02 Council on forestry. (1) DUTIES. The council on forestry shall advise the governor, the legislature, the department of natural resources, and other state agencies, as determined to be appropriate by the council, on all of the following topics as they affect forests located …

26.03 Harvest of raw forest products. (1b) DEFINITIONS. In this section: (a) “Harvest” means to cut, remove or transport. (b) “Harvesting” means cutting, removing or transporting. (c) “Raw forest products” has the meaning given in s. 26.05 (1). (1g) PROHIBITION; DELINQUENT TAXES.…

26.05 Timber theft. (1) DEFINITION. In this section, “raw forest products” means forest products not altered by a manufacturing process off the land from which they are taken and in- Updated 23-24 Wis. Stats. 2 cludes seedlings, saplings, shrubs, whole-tree chips, boughs, logs, p…

26.06 Enforcement, seizure and sale of materials. (1) Foresters, forest supervisors, rangers and wardens of the department and the cruisers and foresters of the board of commissioners of public lands have the enforcement powers specified in s. 26.97 with respect to, and may seize…

26.07 Money, how disposed of. All money received from the sale of logs, lumber, shingles, timber, minerals or other articles seized under this chapter, or recovered in legal proceedings for damages done the public lands, shall be paid into the treasury to the credit of the respec…

26.08 Leases and licenses. (1) The department may, from time to time, lease parts or parcels of state park lands or state forest lands. These leases shall contain proper covenants to guard against trespass and waste. The rents arising from these leases shall be paid into the stat…

26.09 Civil liability for unauthorized cutting, removal or transportation of raw forest products. (1b) DEFINITIONS. In this section: (a) “Compass” means a sighting compass with a liquid-filled capsule that has been adjusted for the proper declination. (b) “Fair market value” mean…

26.10 Reports by the department to the board of commissioners of public lands. The department shall report monthly to the board of commissioners of public lands all trespasses committed, all materials seized, all sales made and all moneys received under ss. 26.01 to 26.09.

26.105 Forestry and fire prevention study. The Great Lakes Timber Professionals Association and the Wisconsin County Forests Association shall prepare a report containing the results of the forestry and fire prevention study conducted as approved by the joint committee on finance…

26.11 Forest fires; department jurisdiction; procedure. (1) The department is vested with power, authority, and jurisdiction in all matters relating to the prevention, detection, and suppression of forest fires outside the limits of villages and cities in the state except as prov…

26.12 Forest protection areas, organization, emergency fire wardens, county cooperation, setting fire. (1) ESTABLISHMENT OF AREAS. Whenever it appears to the department from investigation, hearing or otherwise that areas in the state are in need of protection from forest fires, t…

26.13 Town fire wardens; duties, expenses. (1) The chairperson of the town board of each town outside the limits of a forest protection area shall, by virtue of the office and the oath of the office, be town fire warden for the town. The fire warden shall assist and cooperate wit…

26.14 Forest fires, authority of fire fighters, compensation, penalties, civil liability. (1) State forest rangers, town chairpersons, conservation wardens and other duly appointed deputies shall take prompt measures against the spread and illegal setting of forest fires. They ma…

26.145 Fire suppression aids. (1) GRANTS. The department shall establish a program to award grants for up to 50 percent of the cost of acquiring fire resistant clothing for suppressing fires, of acquiring fire suppression supplies, equipment, and vehicles, of acquiring fire preve…

26.15 Responsibility of wardens and citizens. Any fire warden who refuses to carry out this chapter, or any able-bodied citizen who refuses to render assistance as provided by this chapter, shall forfeit not more than $50. History: 1975 c. 365.

26.18 District attorneys to prosecute. Whenever an arrest has been made for any violation of this chapter, or whenever any information of such violation has been lodged with him or her, the district attorney of the county in which the act was committed may prosecute the offender.…

26.19 Destruction of forest protection equipment or notices. (1) Any person who destroys, defaces, removes or molests any forest protection equipment or property shall be fined not more than $10,000 or imprisoned not more than 9 months or both. (2) Any person who disfigures any f…

26.205 Tractors, spark arresters. Tractors operating in a forest protection area or on other land where there is danger of setting fire, shall be equipped so that the tractors will not set fire on the lands and to reduce to a minimum the danger of setting fire. The department or …

26.21 Civil liability for forest fires. (1) In addition to the penalties provided in s. 26.20, the United States, the state, the county or private owners, whose property is injured or destroyed by forest fires, may recover, in a civil action, double the amount of damages suffered…

26.22 Sales, etc. The department may sell any timber on land under the department’s jurisdiction which has been damaged by fire, snow, hail, ice, insects, disease, or wind, on such terms and in such manner as the department determines is in the best interest of the state. History…

26.30 Forest insects and diseases; department jurisdiction; procedure. (1) PURPOSE. It is the public policy of the state to control forest pests on or threatening forests of the state in order to protect the forest resources, promote good forest management, enhance the growth and…

26.35 Forest productivity. The department shall identify types of privately owned forest lands which are most likely to provide high forest productivity benefits to the economy of the state. The department shall target its activities in providing assistance to owners of privately…

26.36 Forest energy resources. Biennially, in consultation with the department of agriculture, trade and consumer protection and any other appropriate agency, the department shall prepare a report regarding the extent of forest lands in this state and the potential of such lands …

26.37 Lake states wood utilization consortium. (1) The department of natural resources shall develop a plan to establish a lake states wood utilization consortium to provide research, development, and demonstration grants to enhance the forest products industry in Wisconsin and o…

26.38 Forest grant program. (1) In this section: (a) “Community” has the meaning given in s. 28.04 (1) (b). (ag) “Forest stewardship management plan” means a plan describing forest stewardship measures to be used on a particular site to achieve multiple natural resource goals. (a…

26.39 Forestry education and training. (1) DEFINITIONS. In this section: (a) “School forest” means a community forest that is owned or operated by a school as provided in s. 28.20. (b) “Sustainable forestry” has the meaning given in s. 28.04 (1) (e). (2) FORESTRY EDUCATION CURRIC…

26.40 Forestry education grant program. (1c) In this section, “nonprofit organization” means a nonprofit corporation, as defined in s. 181.0103 (17), and any organization described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under se…

26.42 Forestry diversification. (1) The department shall establish a forestry diversification program and shall promote and assist the development and use of industrial and commercial products from forestry products, including all of the following: (a) Alternative fuels, includin…

26.97 Law enforcement and police power. A state forest ranger, town chairperson, conservation warden or other duly appointed deputy may do any of the following: (1) Arrest a person, with or without a warrant, when the person is detected actually committing a violation of this cha…

26.98 General penalty. Any person who violates a provision of this chapter for which no penalty is provided shall forfeit not more than $50. History: 1975 c. 365; 1983 a. 27 s. 643m; Stats. 1983 s. 26.98.

26.985 Penalties, repeaters. (1) In this section, “violation” means any violation under this chapter or any violation of a department order punishable under this chapter. (2) Except as provided in subs. (3) and (4), if a person is convicted of a violation and has one or more conv…

26.99 Parties to a violation. (1) Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person wh…