Chapter NR 1

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.

NR 1.213(3)(c) (c) The cooperating forester shall use accepted methods that recognize the landowner’s personal land management objectives.

NR 1.213(3)(d) (d) The cooperating forester shall attend a minimum of 10 hours of department–approved training annually.

NR 1.213(3)(e) (e) The cooperating forester agrees to submit to the department reports of timber sale stumpage volumes and values for sales he or she administers.

NR 1.213(3)(f) (f) Any other provisions deemed reasonable by the department to further the practice of sound forestry in the state.

NR 1.213 History History: Cr. Register, July, 1989, No. 403, eff. 8-1-89; am. (1) and (3) (intro.) to (e), Register, February, 1996, No. 482, eff. 3-1-96; CR 01-030: am. (3) (b) and (d), Register November 2001 No. 551, eff. 12-1-01.

NR 1.22 NR 1.22 Establishment of coniferous plantations. The department shall encourage the establishment and intensive management of coniferous plantations planted with suitable species and spacing. The landowner shall be encouraged to maintain access ways which will aid in the management, diversified use, prevention, detection and suppression of destructive forces which might endanger such plantations

NR 1.22 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75.

NR 1.23 NR 1.23 Fire control cooperation. The department shall assist local governments in fire emergencies whenever possible, utilizing personnel and equipment from the department.

NR 1.23 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75.

NR 1.24 NR 1.24 Management of state and county forests.

NR 1.24(1) (1) The natural resources board’s objective for the management of state forests and other department properties where timber cutting is carried out and county forests is to grow forest crops by using silvicultural methods that will perpetuate the forest and maintain diversified plant and animal communities, protect soil, watersheds, streams, lakes, shorelines and wetlands, in a true multiple-use concept. In the management of the forests, it shall be the goal of the board to insure stability in incomes and jobs for wood producers in the communities in which the state and county forest lands are located, and to increase employment opportunities for wood producers in future years. Whenever possible, large sale contracts shall be for 4 years which will assist wood producers in dealing with uneven demand and prices for their products.

NR 1.24(2) (2) To achieve this objective, sale areas or cutting blocks and timber harvest operations will be planned through an intra-departmental inter-disciplinary review process when 10-year plans are developed in cooperation with the affected county to optimize management practices; to recognize the long-term values of preserving the integrity of the soil; to assure the maintenance of water quality; and to achieve multiple objectives of forest land management. Although multiple use shall be the guiding principle on state and county forests, the board recognizes that optimization of each use will not be possible on every acre. Desirable practices include:

NR 1.24(2)(a) (a) Fully utilizing available topographic maps, aerial photographs and soil surveys and combining these with local knowledge or field reconnaissance to ascertain on-the-ground conditions.

NR 1.24(2)(b) (b) Wherever practical, use perennial streams as harvest-cutting boundaries with provision for a streamside management zone to protect stream bank integrity and water quality, and with skidding planned away from these streams and the adjacent streamside management zones.

NR 1.24(2)(c) (c) An appropriate silvicultural system and cutting design should be planned to optimize economic skidding distances, to minimize road densities and unnecessary road construction and for efficient establishment and management of subsequent forest crops.

NR 1.24(2)(d) (d) Cutting boundaries should utilize topographic terrain, ridges, roads and forest type changes where ownership patterns permit and should provide a harvest area size consistent with economical skidding, available logging equipment, silvicultural requirements and other management objectives.

NR 1.24(2)(e) (e) Plan cutting layouts to avoid leaving narrow unmanageable strips of timber susceptible to storm damage and windthrow.

NR 1.24(3) (3) Department properties and county forests shall be zoned and managed primarily for aesthetic values in selected areas as identified in the master plan to recognize the importance of scenic values to the economy of the state. When clearcutting can be used to develop specialized habitat conditions within the forest, i.e., savanna type openings for sharp tail grouse management or is the appropriate silvicultural system, due consideration shall be given to the attainment of biological diversity of the future forest, the development of edge for wildlife, a variety of age classes in future growth and aesthetic quality of the area. Clearcutting is a silvicultural system usually applicable to intolerant species and is defined for purposes of this policy as a timber removal practice that results in a residual stand of less than 30 feet of basal area per acre upon completion of a timber sale. Furthermore, as the existing acreage of overmature even-aged stands change, the long-range goal of the board shall be to increase the intensities of professional management on the state and county forests.

NR 1.24(4) (4) Special management practices shall apply to eagle and osprey nesting sites, deer yards, to lake and stream shoreline zones, to sensitive soil types, to springs and important watersheds, to selected aesthetically managed roadsides and to land use zones identified in the master plan as managed more restrictive.

NR 1.24(5) (5) Block type plantings of a single species that create a monotype culture within an area shall be discouraged. Plantations shall be established to achieve a more aesthetically pleasing appearance and to provide for added diversity of type. Planting will be accomplished by varying the direction of the rows or contouring to create a more natural appearance, planting on the contour, using shallow furrows or eliminating furrows where practical. In planting adjacent to a major roadway, the first rows should be parallel to the roadway to meet aesthetic concern and provide game cover. Existing and new plantations will be thinned at the earliest opportunity and periodically thereafter to develop an understory for wildlife habitat and a more natural environment.

NR 1.24 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78.

NR 1.25 NR 1.25 Generally accepted forestry management practices.

NR 1.25(1) (1) Purpose. Section 823.075 (1) (d), Stats., requires the department to define generally accepted forestry management practices.

NR 1.25(2) (2) Definitions. In this section:

NR 1.25(2)(a) (a) “Department” means the Wisconsin department of natural resources.

NR 1.25(2)(b) (b) “Generally accepted forestry management practices” means forestry management practices that promote sound management of a forest. “Generally accepted forestry management practices” include those practices contained in the most recent version of the department publication known as Wisconsin Forest Management Guidelines and identified as PUB FR-226.

NR 1.25(2)(c) (c) “Sound management of a forest” means sustainably managing a forest with the application of ecological, physical, quantitative, managerial, economic, and social principles to the regeneration, management, utilization, protection and conservation of forest ecosystems to meet specified wildlife habitat, watershed, aesthetics, cultural and biological goals and objectives while maintaining the productivity of the forest.

NR 1.25(3) (3) Department duties.

NR 1.25(3)(a) (a) The department-developed Wisconsin Forest Management Guidelines, PUB FR-226, shall contain forestry management practices that are recommended and approved by the department to promote sound management of a forest.

NR 1.25 Note Note: Copies of Wisconsin Forest Management Guidelines, PUB FR-226, are available for inspection at the offices of the Department of Natural Resources and the Legislative Reference Bureau. Copies may be obtained from the Wisconsin Department of Natural Resources, Division of Forestry, 101 S. Webster Street, P.O. Box 7921, Madison, WI, 53707-7921. Property owners may seek advice on implementation of generally accepted forestry management practices from department foresters, county foresters and cooperating foresters.

NR 1.25(3)(b) (b) The department shall periodically update Wisconsin Forest Management Guidelines so that a person may readily determine what forestry management practices are recommended and approved by the department. The department shall update Wisconsin Forest Management Guidelines a minimum of every 5 years.

NR 1.25(3)(c) (c) The department shall use a process that incorporates public participation and public comments when updating Wisconsin Forest Management Guidelines.

NR 1.25 History History: CR 06-097: cr. Register April 2007 No. 616, eff. 5-1-07.

NR 1.26 NR 1.26 Contracting with cooperating foresters for timber sale establishment.

NR 1.26(1) (1) Purpose. The department may contract with private cooperating foresters to assist the state in the harvesting and sale of timber from state forest lands to meet the annual allowable timber harvest established under s. 28.025, Stats.

NR 1.26(2) (2) Definition. “Cooperating forester” has the meaning given in s. NR 1.21 (2) (b).

NR 1.26(3) (3) Contracted tasks. Tasks included in cooperating forester contracts for state land timber harvests may include updating of forest reconnaissance, marking of trees and harvest boundaries, estimating volume, preparing maps, recommending timber sale contract terms or operational specifications, providing data on cutting notices and reports, scaling cut products, and inspecting active harvests. The department shall determine which of these services are appropriate to contract for on individual timber sales.

NR 1.26(4) (4) Department tasks. The department shall select areas to harvest, determine silvicultural harvest systems to be applied, and define any additional timber sale procedures or precautions necessary to achieve objectives in approved master plans or other department policies. The department shall review and approve cutting notices and reports, prepare contracts, advertise for timber sale bids, award sales, receive stumpage payments and performance bonds, and administer timber sale contracts. The department shall monitor the performance of cooperating foresters contracting on state forest timber harvests for quality of service and conformance to department standards.

NR 1.26(5) (5) Bids for services and payments to cooperating foresters. Cooperating foresters shall be compensated at the department’s choice of a rate per hour, acre or project established by bids. When a need for timber sale assistance is identified, the department shall issue a request for bids to cooperating foresters serving the area. Bids shall include labor, travel, equipment and any supplies such as marking paint not identified as being provided by the department that a contractor would need to do the work. Timber sale assistance contract awards shall be determined on price alone unless additional evaluation criteria such as specialized training or experience are included in the request for bids.

NR 1.26(6) (6) Method to allot timber sale revenue. As provided in s. 28.05, Stats., payments to cooperating foresters for timber harvesting and selling assistance on state-owned land shall be paid from an allocation of timber sale proceeds. The department of natural resources shall make periodic requests to the department of administration for allocations of funding to the cooperating foresters appropriation, s. 20.370 (2) (cy), Stats. The size of the requested allocation shall be based on outstanding purchase requisitions for the contracted timber harvest assistance. The appropriation shall be split-funded with the proportionate splits coming from the administrative function accounts where the timber sale revenues are deposited.