Chapter NR 37

NR 37.04(1)(b) (b) Permit conditions. The riverway board shall place conditions in permits necessary to assure timber harvest or cutting is conducted in compliance with this chapter. Additional conditions, as applicable, shall be included but not be limited to:

NR 37.04(1)(b)1. 1. Cutting specifications to insure that trees of desirable species and form be retained on the site after cutting.

NR 37.04(1)(b)2. 2. Roads constructed for the purpose of harvesting timber shall be visually inconspicuous from the river during the time when the leaves are on the deciduous trees.

NR 37.04(1)(b)3. 3. Timber cutting or harvesting is limited to those times when the ground is frozen or dry and the leaves are off the deciduous trees.

NR 37.04(1)(b)4. 4. Erosion bars or culverts will be installed as necessary to prevent erosion.

NR 37.04(1)(b)5. 5. Harvesting practices shall conform with the “Silvicultural and Forest Aesthetics Handbook” and the department publication “Forest aesthetics.”

NR 37.04(1)(b)6. 6. Timber harvesting restrictions necessary to minimize the impact on any known populations of federally or state designated threatened and endangered species.

NR 37.04 Note Note: The species are listed in ch. NR 27.

NR 37.04(1)(c) (c) Maps or diagrams. Landowners desiring to conduct any timber cutting or harvesting, including road construction shall submit a map or diagram of the proposed timber harvest area identifying the property boundaries, harvest boundaries, road locations and other information requested by the riverway board or county.

NR 37.04(2) (2) Bluff zone, riverview zone and river edge zone. In addition to other restrictions established on timber cutting and harvest within the bluff zone, riverview zone and river edge zone, the following conditions shall be included but not be limited to:

NR 37.04(2)(a) (a) No timber cutting or harvest may be conducted at any time other than when the ground is frozen or dry and the leaves are off the deciduous trees.

NR 37.04(2)(b) (b) Road construction for the purpose of harvesting or cutting timber on slopes facing the river shall comply with the following:

NR 37.04(2)(b)1. 1. The permit authorizing the timber harvest and road construction.

NR 37.04(2)(b)2. 2. The average grade may not exceed a 10% slope.

NR 37.04(2)(b)3. 3. Grades up to but not exceeding 15% for no longer than 75 feet horizontal distance are authorized; however, grades with a slope of 10% to 15% may not constitute more than 20% of the road length.

NR 37.04(2)(b)4. 4. Road width may not exceed 12 feet.

NR 37.04(2)(b)5. 5. Switchbacks are not permitted on slopes facing the river. However, a variance may be granted allowing switchbacks or grades in excess of the limits established in subds. 2. and 3. in areas that would otherwise be inaccessible subject to the visually inconspicuous requirement of sub. (1) (b) 2. and the erosion protection requirement of sub. (1) (b) 4.

NR 37.04(2)(b)6. 6. Roads, upon completion of the timber cutting and harvest operation, shall be seeded to establish sod or other vegetative cover.

NR 37.04 Note Note: A mixture of seed including 10 pounds of white dutch clover, 5 pounds of perennial rye, 10 pounds of annual rye, and 15 pounds of creeping red fescue at a rate of 40 pounds per acre has proven effective. One mile of woods or timber road 12 feet wide will normally equal approximately 1.5 acres.

NR 37.04(4) (4) Bluff zone and river edge zone. No person may cut, harvest or remove timber within the bluff zone and river edge zone except by selection cutting. After cutting, the residual stand shall be at least 60 square feet basal area.

NR 37.04(5) (5) Riverview zone. No person may cut, harvest or remove timber within the riverview zone except as follows:

NR 37.04(5)(a) (a) By small regeneration cuts with boundaries designed to harmonize with naturally occurring shapes consistent with the “Silvicultural and Forest Aesthetic Handbook” and the publication “Forest aesthetics;”

NR 37.04(5)(b) (b) By shelterwood cuts not to exceed the size, shape, spacing or timing of regeneration cuts;

NR 37.04(5)(c) (c) By selection cutting leaving a residual timber stand of at least 60 square feet basal area.

NR 37.04(6) (6) Resource management zone. Persons in the resource management zone are encouraged to conduct timber cutting, harvest or removal operations consistent with these rules and subch. IV of ch. 30, Stats. The harvest and harvest method should consider integration of all resource capabilities, including:

NR 37.04(6)(a) (a) Cutting boundaries should be designed to harmonize with the natural occurring shapes in the area.

NR 37.04(6)(b) (b) Harvesting and thinning should be limited to when the ground is frozen or dry and the leaves are off the deciduous trees.

NR 37.04(6)(c) (c) Selection cutting, small regeneration cuts and shelterwood cuts are preferable harvesting techniques in this zone.

NR 37.04 Note Note: Statutory exemptions to the timber cutting restrictions in this chapter.

NR 37.04 Note Chapter 30, subch. IV, of the Wisconsin Statutes provides various exemptions to timber cutting rules or restrictions. They do not apply to the cutting of timber if:

NR 37.04 Note 1. The landowner and the land involved is subject to a Forest Crop Law or Managed Forest Land Law by order or contract issued prior to October 31, 1989. (ss. 30.42 (1) (f) and 30.44 (3) (c), Stats.)

NR 37.04 Note 2. The cutting of timber is necessary for maintenance of an easement or a right-of-way for a high-voltage transmission line or a utility facility. (s. 30.44 (3) (c) 2m, Stats.)

NR 37.04 Note 3. The timber is diseased and a forester has issued a written determination that the timber is subject to an actual, potential or incipient infestation or infection by an insect or disease that is harmful to the timber. (s. 30.44 (3) (c) 2r, Stats.)

NR 37.04 Note 4. The timber has been damaged by natural causes. (s. 30.44 (3) (c) 3., Stats.)

NR 37.04 Note 5. The timber is on land more than 75 feet beyond the ordinary high-water mark of the river and the land is owned or occupied by the person cutting the timber for use as firewood for the person’s agricultural or household use. (s. 30.44 (3) (c) 4., Stats.)

NR 37.04 History History: Cr. Register, November, 1990, No. 419, eff. 12-1-90; am. (1) (a) and (b) (intro.), (2) (intro.) and (4), r. (3), Register, December, 1997, No. 504, eff. 1-1-98.

NR 37.05 NR 37.05 Variance.

NR 37.05(1) (1) The riverway board may grant a variance allowing timber cutting not in strict conformance with the requirements and restrictions of this chapter when the activity will be visually inconspicuous and the activity will be compatible with protecting the scenic beauty and natural values of the riverway.

NR 37.05(2) (2) The riverway board shall notify the department at least 15 days prior to granting any variance under this section and afford the department an opportunity to address the riverway board. The riverway board shall also publish in the official state newspaper notice of a variance request and the date, time and place of the meeting at which the riverway board will consider the request.

NR 37.05 History History: Cr. Register, November, 1990, No. 419, eff. 12-1-90; am. (2), Register, December, 1997, No. 504, eff. 1-1-98.