Chapter NR 1

NR 1.18(7) (7) Endangered and threatened species. Birds and mammals on the Wisconsin endangered and threatened species list, s. NR 27.03, may be acquired and possessed only by persons possessing a Wisconsin endangered species permit issued under s. 29.604 (6), Stats.

NR 1.18(8) (8) Scientific collection and research. Except as provided by specific rule or law, all protected wild animals, alive or dead, not listed as endangered or threatened species may be acquired and possessed only by persons possessing the appropriate scientific collectors permit issued under s. 29.614, Stats., or scientific research license issued under s. 169.25, Stats. The permits or licenses shall be issued only if the use of the wild animal provides useful scientific knowledge or educational opportunities in the natural sciences consistent with s. NR 19.11.

NR 1.18(9) (9) Veterinarians. Licensed veterinarians providing emergency treatment of wildlife or game farm birds and mammals shall not be required to possess additional department permits.

NR 1.18(10) (10) Temporary possession. Wildlife is often obtained by citizens attempting to rescue sick, injured or orphaned birds and mammals. Such person shall notify a conservation warden within 24 hours and advise of such possession.

NR 1.18(11) (11) Dog trials and dog training. The use of captive game farm birds and mammals for dog trial and training activities is consistent with sound resource management principles and provides opportunities for hunters to improve their dog handling skills and the dog’s performance during periods closed to hunting.

NR 1.18 History History: Cr. Register, October, 1982, No. 322, eff. 11-1-82; r. (2) (d), cr. (11), Register, April, 1985, No. 352, eff. 5-1-85; corrections in (7) and (8) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525; CR 05-031: am. (8) Register November 2005 No. 599, eff. 12-1-05.

NR 1.20 NR 1.20 Growing trees and shrubs.

NR 1.20(1) (1) The department shall produce and make available from state-operated nurseries trees and shrubs of suitable species and size to be planted in the state of Wisconsin for forestry and other types of conservation projects. No trees or shrubs intended for private ornamental or landscape planting shall be sold by the department.

NR 1.20(2) (2) The following guidelines shall be adhered to:

NR 1.20(2)(a) (a) No trees or shrubs over 5 years of age or more than once transplanted shall be produced for general distribution by state-operated nurseries.

NR 1.20(2)(b) (b) Species grown shall be limited to trees and shrubs normally used for forestry and wildlife plantings.

NR 1.20(2)(c) (c) No shipment of less than 500 trees will be made to an applicant. However, “wildlife packets”, including trees and shrubs and tree packets for windbreaks, shelterbelts and erosion control in quantities of not less than 250 trees or shrubs shall be made available where practicable.

NR 1.20(2)(d) (d) No trees or shrubs shall be made available to commercial or municipal nurseries for lining out stock or other nursery purposes.

NR 1.20(2)(e) (e) Nursery stock produced in state-operated nurseries may not be utilized for the commercial production of Christmas trees.

NR 1.20(2)(f) (f) Trees and shrubs may be purchased for education and public awareness purposes by educational institutions, youth groups (such as 4-H, future farmers, boy scouts, girl scouts and similar vocational or character building organizations), and nonprofit organizations for planting, provided the department is assured the project will have adequate supervision.

NR 1.20(2)(g) (g) All trees and shrubs distributed for planting on private lands, except as provided in par. (h), shall be purchased at prices established by the department in accordance with s. 28.06 (2), Stats.

NR 1.20(2)(h) (h) Trees and shrubs may be made available free of charge for department-sponsored forestry promotional events, university research and project respect participants, provided the department is assured the project will have adequate supervision and pending availability of nursery stock.

NR 1.20(2)(i) (i) Species inventories exceeding sales and allotments may be sold or traded with other states or the U.S.F.S.

NR 1.20(2)(j) (j) Nursery stock produced in state-operated nurseries shall be made available for reforestation purposes on county forest lands entered under s. 28.11, Stats., at 50% of the prevailing price established in accordance with s. 28.06 (2), Stats.

NR 1.20 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. (2) (e) and (h), am. (2) (f) and (g), cr. (2) (j), Register, April, 1993, No. 449, eff. 5-1-93.

NR 1.21 NR 1.21 Private forestry assistance.

NR 1.21(1) (1) Purpose. This section and ss. NR 1.211 to 1.213 contain rules for the administration of the private forestry assistance program to private, non-industrial landowners under ss. 26.35, 28.01 and 28.07, Stats. Priorities for servicing private forestry requests and a cooperative program with consulting foresters is established.

NR 1.21(2) (2) Definitions. For the purpose of this section and ss. NR 1.211 to 1.213:

NR 1.21(2)(a) (a) “Consulting forester” means a forester who provides a variety of professional forestry services to and represents private landowners on a contract or fee basis which is paid by the landowner.

NR 1.21(2)(b) (b) “Cooperating forester” means a consulting forester or industrial forester who enters into a cooperative agreement with the department relating to the providing of forestry services to private landowners.

NR 1.21(2)(c) (c) “Department” means the Wisconsin department of natural resources.

NR 1.21(2)(d) (d) “Department forester” means a person meeting the qualifications of the department and employed by the department to carry out assigned forest management responsibilities.

NR 1.21(2)(e) (e) “Forester” means a person other than one employed by the department who has received a bachelor’s or higher degree in forestry from a school of forestry with a curriculum accredited by the Society of American Foresters or an equivalent degree, as determined by the chief state forester.

NR 1.21(2)(f) (f) “Forestry firm” means a business that employs a forester or foresters and is engaged in providing forest management services to private landowners.

NR 1.21(2)(g) (g) “Industrial forester” means a forester employed by a wood-using industry, who, as part of his or her employment, provides advice and assistance to private landowners to promote approved forest management practices.

NR 1.21(2)(h) (h) “Poletimber” means those trees that range from 5 to 9 inches in diameter for conifers and 5 inches to 11 inches in diameter for all other species when measured 4.5 feet above ground level and which contain a minimum volume of 3 cords per acre.

NR 1.21(2)(i) (i) “Sawtimber” means those trees that are at least 9 inches and larger in diameter for conifers and 11 inches and larger in diameter for all other species when measured 4.5 feet above ground level and which contain a minimum volume of 1300 board feet per acre.

NR 1.21 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; r. and recr. Register, July, 1989, No. 403, eff. 8-1-89; am. (2) (d), Register, May, 1994, No. 461, eff. 6-1-94; renum. (2) (a) to (f), (i) and (j) to be (2) (b) to (f), (a), (h) and (i) and am. (2) (a), (b) and (e), am. (2) (g), r. (2) (h), Register, February, 1996, No. 482, eff. 3-1-96; CR 07-011: am. (2) (e), Register October 2007 No. 622, eff. 11-1-07.

NR 1.211 NR 1.211 Cooperative forestry policy. The department shall administer the private forestry program in a manner which will provide management assistance to owners of private forest lands.

NR 1.211(1) (1) The department shall provide technical forestry assistance on privately owned forest lands in Wisconsin.

NR 1.211(2) (2) The department may enter into agreements with any governmental agency, public or private corporation or private owner to achieve improved forest land management.

NR 1.211(3) (3) The private forestry program shall focus on leadership in forestry through management planning, demonstration, education and coordination of forestry activities. The department shall strive to reach a large number of people and effect forest management on the most acreage as is reasonably possible.

NR 1.211(4) (4) Department foresters shall cooperate with other professional foresters, groups and individuals to influence and encourage forest land management.

NR 1.211(5) (5) Department foresters shall recommend integrated management principles that enhance forests, wildlife, aesthetics, recreation and watershed protection through applied silvicultural practices.

NR 1.211(6) (6) The concept of multiple-use of forest lands will be utilized to assure maximum public benefits of wood production, wildlife management, improved watershed protection, recreational use and aesthetics.

NR 1.211(7) (7) Department efforts shall be concentrated on those activities having the greatest potential of providing for present or future multiple use and public economic benefits.

NR 1.211 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89.

NR 1.212 NR 1.212 Private forestry priorities for assistance. Department foresters shall comply with the following priorities in providing assistance to and responding to requests for assistance from private landowners within the resources available and normal work plan:

NR 1.212(1) (1) Priority I activities. The following activities, listed in order of significance, shall be the highest priority for department foresters providing private forestry assistance except that department foresters may exercise discretion in applying the priorities within this subsection and sub. (2) based on statutory requirements, seasonal needs and scheduling efficiency:

NR 1.212(1)(a) (a) A first time request from a landowner for management guidance including an assessment of the landowner’s objectives, a walk-through or cruise of the property, educational and advisory information, written management recommendations or referral to other resource professionals.

NR 1.212(1)(b) (b) Timber sale guidance including forest reconnaissance, a written harvest prescription or a referral to other resource professionals.

NR 1.212 Note Note: Timber sale guidance is distinguished from timber sale marking, which is listed in sub. (2) (a).

NR 1.212(1)(c) (c) Administration and oversight of the forest tax laws including review of petitions for eligibility, preparation of management plans, mandatory practices follow up and enforcement of the provisions of the law.

NR 1.212(1)(d) (d) Establishment of mandatory practices under forest tax laws in subchs. I and VI of ch. 77, Stats., if a cooperating forester has not provided assistance.

NR 1.212(1)(e) (e) Administration of the Wisconsin forest landowner grant program in s. 26.38, Stats., and federal cost-sharing programs related to forest management practices.

NR 1.212(1)(f) (f) One-to-one educational opportunities with private landowners and cooperating foresters; landowner or educator conferences, workshops and field demonstrations; assistance to school and community forests; and news articles.

NR 1.212(1)(g) (g) Major pest outbreaks or other catastrophic occurrences.

NR 1.212(1)(h) (h) Coordination of state tree nursery orders and shipments.

NR 1.212(2) (2) Priority II activities. The following activities shall be important, but a lower priority for department foresters providing private forestry assistance:

NR 1.212(2)(a) (a) Timber sale marking and volume designation including painting, flagging or otherwise marking individual trees or cutting boundaries for the purpose of a commercial harvest on land not under the forest tax programs in subchs. I and VI of ch. 77, Stats., but for which there is a written management plan and within the limitations specified in sub. (3).

NR 1.212(2)(b) (b) Tree planting advice on land not under the forest tax programs in subchs. I and VI of ch. 77, Stats., or a state or federal cost-sharing program.

NR 1.212(2)(c) (c) Certification of need and performance for federal cost-sharing assistance programs not immediately related to management of forests.

NR 1.212(2)(d) (d) Educational presentations to school groups, civic groups, or at parades or fairs.

NR 1.212(2)(e) (e) Development of forest stewardship management plans on lands not enrolled or for which there is no application for enrollment under the forest tax laws in subchs. I and VI of ch. 77, Stats.

NR 1.212(2)(f) (f) Facilitation of any forest improvement, pruning, thinning, site preparation, release or tree planting practices which are not mandatory under the forest tax programs in subchs. I and VI of ch. 77, Stats.

NR 1.212(2)(g) (g) Insect and disease surveys and recommendations other than those related to catastrophic outbreaks.

NR 1.212(3) (3) Limitations, exemptions and prohibitions on assistance. Assistance by department foresters shall ensure that forestry benefits will be provided to the greatest number of landowners.

NR 1.212(3)(a) (a) Limitations.

NR 1.212(3)(a)1. 1. Each landowner requesting forest management assistance may receive no more than 24 hours of technical forestry service during each calendar year.

NR 1.212(3)(a)2. 2. All timber sale marking and volume designation on land subject to a request for assistance shall be referred to cooperating foresters pursuant to cooperative agreements between the department and the cooperating foresters. The department may not provide timber sale marking assistance unless the landowner can demonstrate to the department’s satisfaction that timber sale assistance is not reasonably available from a cooperating forester. The department shall provide the necessary forms and specifications for this referral system.

NR 1.212(3)(a)3. 3. Department foresters may establish timber sales only after higher priorities are met.

NR 1.212(3)(a)4. 4. Department foresters may only establish timber sales on lands for which there is a current forest management plan.

NR 1.212(3)(b) (b) Exemptions. The following activities are exempt from the work day assistance limit established in par. (a):

NR 1.212(3)(b)1. 1. Activities related to compliance with the forest tax programs in subchs. I and VI of ch. 77, Stats.

NR 1.212(3)(b)2. 2. Department cooperative services pertaining to administration of federal cost-sharing programs administered by the consolidated farm services agency.

NR 1.212(3)(b)3. 3. Assistance to state and federal agencies, and local units of government, as time and workload priorities permit. This exemption does not preclude the use of cooperating foresters to provide service to these agencies and governments.

NR 1.212(3)(c) (c) Prohibitions. The following are services which may not be provided by department foresters on privately owned lands:

NR 1.212(3)(c)1. 1. Appraisals of forest land, timber, timber damage, or right-of-ways. This prohibition does not preclude department foresters from providing general information on established stumpage values and current market trends.

NR 1.212(3)(c)2. 2. Timber sale boundary establishment other than with a hand compass.

NR 1.212(3)(c)3. 3. Private boundary line establishment by any means.

NR 1.212(3)(c)4. 4. Preparation or enforcement of timber sale contracts other than providing an approved sample contract form.

NR 1.212(3)(c)5. 5. Investigation or involvement with civil trespass, other than when investigating for a violation of ch. 26, Stats.

NR 1.212(3)(c)6. 6. Shearing of Christmas trees except for instructional or educational purposes.

NR 1.212(3)(c)7. 7. Arboriculture and tree-trimming.

NR 1.212(3)(c)8. 8. Performing cultural practices or tree planting except for instructional or educational purposes.

NR 1.212(3)(c)9. 9. Scaling cut forest products except for instructional or educational purposes.

NR 1.212 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (1) (intro.), (3) (a) 3., (b) 2. and 3., (c) 1., r. (1) (a), renum. (1) (b) to (e) to be (1) (a) to (d) and am. (1) (c), cr. (3) (a) 5., Register, February, 1996, No. 482, eff. 3-1-96; CR 01-030: r. and recr. (1) and (2), Register November 2001 No. 551, eff. 12-1-01; CR 07-012: am. (3) (a) Register August 2008 No. 632, eff. 9-1-08.

NR 1.213 NR 1.213 Cooperating forester program.

NR 1.213(1) (1) Purpose. To encourage the practice of forestry, maximize sound management of private forests in the state and provide forestry benefits to the public, a cooperative effort between the department and independent consulting foresters and industrial consulting foresters practicing in Wisconsin is established as provided in this section.

NR 1.213(2) (2) Foresters or forestry firms who wish to enter into a cooperative agreement with the department shall apply to the department on department forms and submit the information requested by the department.

NR 1.213(3) (3) The department may enter into cooperative agreements with foresters, including all persons identified as a consulting forester on the department’s consulting foresters list as of February 1, 1989, and maintain a listing of cooperating consulting foresters and industrial foresters or forestry firms available to provide forestry services to private landowners. The cooperative agreements shall provide that:

NR 1.213(3)(a) (a) The department shall establish a cooperative program of referrals of landowner requests for forestry assistance which will utilize cooperating foresters to provide private forestry assistance.

NR 1.213(3)(b) (b) The cooperating forester shall manage private lands where the cooperator provides service in a manner which maintains the long-term capacity of the land to provide forest products, uses and values desired by landowners in accordance with the silvicultural guidelines in department handbooks and directives or a written, science-based forest management commitment submitted to and approved by the department in advance.

NR 1.213 Note Note: This section does not apply to land use conversions, such as the change of forestland to agricultural use. Land use conversions are not considered to be forest management.