Terms Used In Wisconsin Statutes 28.04

  • Department: when used in this chapter without other words of description or qualification means the department of natural resources. See Wisconsin Statutes 28.005
  • Dependent: A person dependent for support upon another.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
  • Property: includes real and personal property. See Wisconsin Statutes 990.01
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
   (1)    Definitions. In this section:
      (a)    “Biological diversity” means the variety and abundance of species, their genetic composition, and the communities, ecosystems and landscapes in which they occur. “Biological diversity” also refers to the variety of ecological structures, functions and processes at any of these levels.
      (b)    “Community” means an assemblage of species living together in a particular area, time and habitat.
      (c)    “Ecological capability” means the potential of an area to support or develop one or more communities through management, with the potential being dependent on the area’s abiotic attributes, its flora and fauna, its ecological processes and disturbances within and upon the area.
      (d)    “Native” means indigenous to the area or region.
      (e)    “Sustainable forestry” means the practice of managing dynamic forest ecosystems to provide ecological, economic, social and cultural benefits for present and future generations.
   (2)   Purposes and benefits of state forests.
      (a)    The department shall manage the state forests to benefit the present and future generations of residents of this state, recognizing that the state forests contribute to local and statewide economies and to a healthy natural environment. The department shall assure the practice of sustainable forestry and use it to assure that state forests can provide a full range of benefits for present and future generations. The department shall also assure that the management of state forests is consistent with the ecological capability of the state forest land and with the long-term maintenance of sustainable forest communities and ecosystems. These benefits include soil protection, public hunting, protection of water quality, production of recurring forest products, outdoor recreation, native biological diversity, aquatic and terrestrial wildlife, and aesthetics. The range of benefits provided by the department in each state forest shall reflect its unique character and position in the regional landscape.
      (b)    In managing the state forests, the department shall recognize that not all benefits under par. (a) can or should be provided in every area of a state forest.
      (c)    In managing the state forests, the department shall recognize that management may consist of both active and passive techniques.
   (3)   State forest plans.
28.04(3)(a) (a) The department shall prepare a plan for each state forest that describes how the state forest will be managed. The department shall work with the public to identify property goals and objectives that are consistent with the purposes under sub. (2). The department shall identify in each plan the objectives of management for distinct areas of the state forest.
         1.    In this paragraph, ” forest production area” means an area in a state forest that has been classified by the department in preparing plans under par. (a) as an area in which the primary management objective relates to the production of timber and other forest products.
         2.    Notwithstanding par. (a), the department shall do all of the following with respect to managing a forest production area:
            a.    Establish the primary management objective of a forest production area to be the production of timber and other forest products.
            b.    Maximize timber production on forest production areas while using accepted silvicultural practices.
         3.    Notwithstanding par. (a), the department may not do any of the following with respect to a managing a forest production area:
            a.    Classify the area under any other land management classification.
            b.    Authorize or prescribe timber management techniques and activities, including commercial timber harvests, that are not consistent with the specific management objectives in the plan and with locally accepted timber production practices common to the industry.
            c.    Use management activities or techniques in the area that are not authorized in the plan for that area.
         4.    The department may do all of the following with respect to managing a forest production area:
            a.    Vary the specific objectives for different forest production areas, taking into consideration only the site’s capability to produce timber, the type of timber produced in the area, the market for forest products, and the economy.
            b.    Establish the specific objective of extracting economic value from land while managing for timber products.
            c.    Authorize any management activity or technique that is consistent with the management objective specified in the plan for that area and compatible with the area’s ecological capability and the practice of forestry.
      (b)    The department shall establish procedures for the preparation and modification of these plans, including procedures for public participation. In preparing and modifying plans under this subsection, the department shall use the best available information regarding the purposes and benefits of the state forests that the department acquires through inventories, evaluations, monitoring and research. In evaluating such information, the department shall consider both regional and local scales, including the impact on local economies. As new information becomes available, the department shall adapt its management of the state forest and, if necessary, the plan for the state forest.