CHAPTER 43 COUNTY FORESTS

Transcription

1 Chapter 43 County Forests Page 1 of 5 CHAPTER 43 COUNTY FORESTS MANAGEMENT. The management, operation, and maintenance of the Taylor County Forests are vested in the Forestry and Recreation Committee. The committee may exercise all of the power of the County Board in this area specified in Section 38.11(3), Wisconsin Statutes, not inconsistent with this chapter or other provisions of this Code. The committee shall manage the forests according to the principles of multiple-use management, and shall establish procedures and allow uses of the land and trees according to the following priorities: a sustained yield of commercially marketable trees, fire prevention and suppression, and recreational uses such as hiking, bird-watching, hunting, fishing, cross-county skiing and snowmobiling. The committee may, after notice and a public hearing, establish rules and regulations for the use of the County forests consistent with this chapter. Violation of such rules shall be punished by a forfeiture of not more than $50 and the costs of the action, and in default of payment thereof, the offender may be imprisoned in the County jail until the forfeiture and costs are paid, not to exceed 15 days. History: County Code, 11/ ADMINISTRATOR. There is hereby created the position of county Forest Administrator for Taylor County. The County Recreation Supervisor is hereby designated the County Forest Administrator. History: Resolution, 7/20/ LIAISON WITH STATE. The Forestry and Recreation Committee is hereby designated as the committee to cooperate with the Department of Natural Resources in all matters relating to fire prevention, detection, and suppression, pursuant to Section 26.12(4), Wisconsin Statutes. History: County Code, 11/ SALE FOREST LANDS. No County-owned land within forestry reserves in Taylor County may be sold until such sale is approved by the Forestry and Recreation Committee. History: Resolution, 2/1/ SNOWMOBILE TRAILS. The Taylor County Board of Supervisors accepts responsibility for the operation and maintenance of all the snowmobile trails and facilities constructed with state snowmobile monies on county, state, federal, and private lands. The operation and maintenance of said trails shall be the responsibility of the Forestry and Recreation Committee.

2 Chapter 43 County Forests Page 2 of 5 History: Resolution, 11/71 Amended, Ordinance 155, 11/ FOREST AND ROAD SYSTEM ADOPTED. The Taylor County Board of Supervisors approves and adopts the forest boundaries and road systems as shown on the attached map, as approved and submitted by the Taylor County Forestry and Recreation Committee. Said map is hereby incorporated by reference in this section. History: Resolution, 11/15/32 Resolution, 11/15/35 Ordinance, 11/16/35 Resolution, 11/13/43 Resolution, 5/4/44 Resolution, 7/31/47 Resolution, 11/12/40 Resolution, 11/10/ TIMBER PERMIT. No person shall cut, damage, or remove timber, wood, or wood products from any County-owned lands without a permit which shall be issued by the County Forest Administrator, with such conditions and for such a fee as the Forestry and Recreation Committee shall establish. Any person violating this section, or a condition of the permit, shall forfeit not more than $100 and costs. History: Ordinance, 1/ TREATY-RIGHTS PARTICIPANTS (1) Permit Required. Any treaty rights participant interested in gathering firewood, tree bark, maple sap, lodge poles, boughs, marsh hay, or other miscellaneous forest products (except fruits, seeds or berries not enumerated in County ordinances), from Taylor County owned land shall obtain a County Gathering Permit from the County Forestry Office prior to the exercise of said gathering rights. (2) Application and Processing. The County Forest Administrator shall prepare an appropriate application requesting pertinent information from all treaty rights participants who seek to gather miscellaneous forest products on County Forest lands. Said application shall be available upon request. Those treaty rights participants who see to gather miscellaneous forest products shall provide proper identification and present a valid tribal membership card upon submitting an application with the County. Upon receipt of an application, the County shall respond to the gathering permit request no later than fourteen (14) days after receipt of said application. Said response shall either grant or deny the request. Should the request be denied, the reasons for said denial shall be set forth in the response of the County, including the basis for said denial with specific reference to the

3 Chapter 43 County Forests Page 3 of 5 limitations set forth in Section Four. Any application, which is incompletely or incorrectly prepared, shall be returned within said fourteen (14) days to the applicant with specific directions as to which portion or portions of said applications are defective. (3) Conditions in Permit. The gathering permit shall indicate the location of the material to be gathered, the volume of the material to be gathered, and any additional conditions on the gathering of the material necessary for conservation of timber or miscellaneous forest products on County land, or for public health and safety. Treaty rights participants gathering miscellaneous forest products on County land may not be assisted in the gathering by any person other than another treaty rights participant. Treaty rights participants may not permit any person other than another treaty rights participant to tend or operate equipment involved in the gathering. Any treaty right participants gathering firewood, tree bark, maple sap, lodge poles, boughs, marsh hay, or other miscellaneous forest products (except fruits, seeds, or berries not enumerated in County ordinances), pursuant to permit granted herein and any person assisting in the gathering or operating equipment involved in the gathering shall have in their possession at all times a valid tribal membership card. If requested to produce said card by Law Enforcement, Conservation Warden or Forest Administrator and any person not willing to produce such card, shall forfeit their right to tribal gathering. (4) Denial of Gathering Permit. The County may not deny a request to gather miscellaneous forest products on Taylor County property under the terms of this chapter unless: property; (a) The gathering is inconsistent with the forest management plan for said (b) The gathering will conflict with pre-existing rights of a permittee or other person possessing an approval to conduct an activity on the property, including a contractor of the County; or (c) Is otherwise inconsistent with conservation or public health or safety. (d) Appeal. (5) Penalty. Any person gathering miscellaneous forest products without first obtaining a gathering permit shall be subject to all existing penalties provided for in County ordinances, including trespass and timber theft charges. Any person who possesses a gathering permit, and gathers beyond the authority granted in the permit, or who causes damage to the timber of miscellaneous forest products an County land, shall be assessed a forfeiture of not less than $50 nor more than $200 for the first offense and not less than $75 nor more than $300 for every subsequent offense within twelve (12) months of the first offense. Three or more violations in a 12 month period, forfeits his right to obtain a permit or any right or privilege granted by this for a period of three years. (6) Conflicts. Any and all ordinances or resolutions of Taylor County, or any portion of said ordinances or resolutions to the contrary or in derogation of the above sections, are hereby repealed only insofar as any conflict exists.

4 Chapter 43 County Forests Page 4 of 5 (7) Publication. This chapter shall be in full force and effect after publication as provided by law. History: Created, Ordinance 303, 3/ OFF-ROAD VEHICLES. (1) Purpose. The purpose of this chapter is to regulate off-road vehicle (ORV) use in the Taylor County forest in order to protect the public, vehicle users, and the forest. (2) Definitions. (a) "Off-Road Vehicle (ORV)." Any motorized vehicle designed or capable of cross-country travel on or immediately over land, sand, snow, ice, marsh, swampland, or other terrain, which would include, but not be limited to, such vehicles as four-wheel drive unit, motorcycles, motorbikes, snowmobiles, amphibious vehicles, and air-cushioned vehicles. (b) "Official Use." Use by an employee, agent, or designated representative of Taylor County in the performance of his duties, and use by any law enforcement officer in the performance of his duties. (c) "Law Enforcement Officer." Any peace officer, including the Taylor County Sheriff, County Sheriff's deputies, conservation wardens employed by the County or Department of Natural Resources, constables, etc. (d) "County Forest Road System." Those roads that have been designated by the Taylor County Forestry and Lands Committee as permanent components of a network of travelways within the Taylor County forest and have been identified on the official Taylor County forest map maintained by the Taylor County Forest Administrator. (e) "Snowmobile." Any motor-driven vehicle designed for travel primarily on snow or ice, of a type which has sled-type runners or skis, or an endless-belt tread, or any combination of these, or other similar means of contact with the surface upon which it is operated. (f) "Emergency." A situation threatening or involving loss of life, personal injury, or serious resource or property damage. (3) Regulation. No off-road vehicle may be operated upon any portion of the Taylor County forest except: (a) Upon the official Taylor County forest roads excluding the adjacent ditches and embankments; (b) Pursuant to an ORV permit after its issuance by the Taylor County Forestry and Recreation Committee. History:

5 Chapter 43 County Forests Page 5 of 5 (c) For official use or in an emergency; (d) Pursuant to rules, passed by the Forestry and Recreation Committee after a public hearing, which provide that certain trails or areas shall be open to certain vehicles at stated times of the day, week, or year. Such rules shall be posted at the entrance to each trail or area. History: (4) ORV Permits. The Taylor County Forestry and Recreation Committee is authorized to issue ORV permits to individuals or groups for specific portions of the Taylor County forest for a period of time not to exceed one year after the committee has determined that such off-road vehicle use will not damage the forest, will be conducted in a safe and law-abiding fashion, and the use will not seriously impair the use and enjoyment of the forest by others. Anyone applying for such a permit will use an application provided by the Forestry and Recreation Committee or by the Taylor County Forest Administrator. There will be no charge for an application of permit. The Taylor County Forestry and Recreation Committee is authorized to grant such permits subject to such reasonable conditions as it considers necessary to promote safety and protect the public. History: (5) Penalty. Anyone violating this chapter or any condition of an ORV permit, or a rule passed under this chapter, shall upon conviction forfeit not more than $200. Each day of such violation shall constitute a separate offense. In addition, anyone violating this chapter or the conditions of a permit issued under this chapter, or a rule adopted under this chapter, shall be civilly liable for all damages arising out of his actions. (6) Enforcement. This chapter may be enforced by any peace officer and conservation warden in the County, and the Administrator of the County forests. History: Ordinance 44, 7/12/77