[HISTORY: Adopted by the Board of Supervisors of Adams County 3-15-2022 by Ord. No. 6-2022. Amendments noted where applicable.]
This chapter is enacted to prescribe the rules and regulations
for the establishment, protection, development, and management of
the County Forest as provided in Chapters 26, 28, 29, 59, 75, and
77 of the Wisconsin Statutes, so as to provide a sustained yield of
forest products for commercial use and the associated benefits of
soil and water conservation, scenic value, recreational benefit, and
fish and game resources, all in cooperation with the Department of
Natural Resources.
As used in this chapter, the following terms shall have the
meanings indicated:
The Adams County Forest Administrator or designee.
Shall be defined pursuant to Wis. Stats., § 340.01(2g).
Any water area or adjacent land area designated as a swim
area by standard regulatory markers.
Adams County Board of Supervisors.
Any site adjacent to water that provides public access to
navigable waters.
The use of a shelter such as a tent, trailer, motor vehicle,
tarpaulin, bed roll or sleeping bag for temporary residence or sleeping
purposes.
Any individual, family, or individual group occupying a campsite.
A segment of a campground or camping area which is designated
for camping use by a camping unit or camping party.
The Adams County Land and Water/UW Extension Committee or
its successor.
The Adams County Forest shall include all lands now held
or hereafter acquired for forestry or special use purposes and entered
under the provisions of § 28.11 of the Wisconsin Statutes.
Includes all lands acquired under supervision of the Committee
and those lands under land use agreement with it, including federal,
state, town and private lands that provide forest, wildlife or recreational
benefit.
Includes all lands administered under the jurisdiction of the Committee and not specified in § 415-6 of this chapter.
The Adams County Zoning and Land Conservation Department.
The Wisconsin Department of Natural Resources.
Any self-propelled device for moving persons or property
or pulling implements from one place to another, excluding a self-propelled
motorized wheelchair or similar device designed solely to aid the
mobility of a physically disabled person.
Includes all individuals involved with the implementation
of the Adams County Forest Fifteen-Year Comprehensive Land Use Plan
and under the direction of the Committee or the County Forest Administrator.
Any tract of land developed and maintained for picnicking,
including adjacent recreational areas.
The Adams County Forest Fifteen-Year Comprehensive Land Use
Plan and all other documents referenced therein.
An engine-driven vehicle that is manufactured solely for snowmobiling
that has an endless belt tread and sled-type runners or skis, to be
used in contact with snow.
A snowmobile does not include a vehicle that is any of the following:
A vehicle that has inflatable tires.
A vehicle that is driven by a motor of four horsepower or less
and that is operated in sanctioned races, derbies, competitions or
exhibitions or only on private property.
A snowmobile cannot be over 48 inches wide if it was manufactured
after May 7, 1994.
Shall be defined pursuant to Wis. Stats., § 23.33(1)(ng).
The Adams County Board hereby assigns the administration of
the County Forest Plan, and this chapter, to the Committee of this
Board known as the "Land and Water Conservation/UW Extension Committee."
A.
Policies. The Adams County Forest 15 Year Comprehensive Land Use
Plan, and all documents referenced therein, shall serve as policy
for the operation of the Department.
B.
Lands and facilities. Management and regulatory control of all lands
and facilities designated in this chapter, or not specifically designated
to another Committee of the Adams County Board of Supervisors, are
delegated to the Committee.
C.
Scope. The provisions of this chapter shall apply to all lands, structures and property owned, leased, controlled or administered by Adams County as determined in § 415-6A of this chapter. All such lands shall be shown on an official map or listing, at the Land and Water Conservation Division Office located at the Adams County Courthouse, 400 N. Main Street, Friendship, Wisconsin, and in accord with the records in the office of the Register of Deeds.
D.
County forest lands. The Adams County Forest shall include all lands
now held or hereafter acquired for forestry or special use purposes
and entered under the provisions of § 28.11 of the Wisconsin
Statutes.
E.
County reserved and other County lands. Includes all lands administered under the jurisdiction of the Committee and not specified in § 415-6A of this chapter.
F.
Annual operations. The Department shall prepare an annual work plan
and budget for each ensuing year for the Department and its operations.
The work plan and budget approved by the Committee and the County
Board shall establish the limits as well as purpose for which expenditures
may be made.
G.
Personnel.
(1)
The Committee shall direct and supervise the Land and Water Conservation
Division, subject to the approval of the County Board. It shall employ
a County Forest Administrator as its agent and such other competent
personnel as the Board may authorize to direct, perform, and enforce
the administration and management functions of this chapter.
(2)
The Director of Zoning and Land Conservation is hereby designated
as the County Forest Administrator.
H.
Headquarters. The Committee shall establish and maintain forest headquarters
for office space and the housing of machinery, tools, equipment and
supplies needed in conducting forestry operations.
I.
Equipment and supplies. The Committee may purchase, sell, trade,
or dispose of equipment and supplies required for the operations of
the Department within the limits contained in the annual budget.
J.
Land acquisition. The Committee may negotiate for the acquisition
of lands and easements within the County by purchase, gift, bequest,
or by exchange of County-owned lands. Any acquisition of lands must
be presented to the County Board for its approval. Any lands proposed
to be enrolled in the County Forest Law, or lands proposed to be withdrawn,
shall be subject to provisions contained in § 28.11, Wis.
Stats. The number of acres is to remain at the 140 acres until such
time that the County provides sufficient evidence to the Committee
demonstrating appropriate utilization and successful administration
of:
K.
Administration of County Forest lands. Applications for entry of
County-owned lands under § 28.11 of the Wisconsin Statutes,
shall be prepared by the Adams County Forest Administrator, approved
by the Committee, and signed by the County Board Chairman and the
County Clerk. The County Forest Administrator will forward the applications
to the DNR within the time limits prescribed by the DNR. Withdrawal
of lands entered under the County Forest Law shall be in the manner
prescribed by § 28.11(11), Wisconsin Statutes. No deed to
land so withdrawn shall be issued prior to recording the County Board
resolution and the DNR order of withdrawal with the Register of Deeds.
L.
Protection. The Committee shall do all things reasonably necessary
within the Department's budget for the protection of the forest,
whether from fire, insects, disease, trespass or from damage by animals
or from other causes, in cooperation with the Department of Natural
Resources.
M.
Surveys. The Committee shall direct activities of surveyors in locating
survey lines and appropriately monumenting corners of County Forest
lands and reserved lands.
N.
Roads. The Committee may construct, improve and maintain a system
of forest roads, trails and firebreaks and purchase secure easements
for accessways required to cross privately owned lands, within the
parameters of the plan and the Department's budget.
O.
Forest improvements. The Committee may conduct forest improvement
work, including reforestation, release cuttings, thinning, pruning,
weeding, and any other approved silvicultural practice.
P.
Fish and game. The Committee shall work with the Department of Natural
Resources on all matters relating to game and fish management.
Q.
Sale of forest products. The Committee may sell timber stumpage in
accordance with the guidelines in the Fifteen-Year Comprehensive Land
Use Plan.
R.
Cooperation. The Committee may enter agreements with the U.S. Forest
Service, Lake States Forest Experiment Station, the University of
Wisconsin and the Department of Natural Resources for the use of County
lands, labor, materials and equipment for conducting forest research.
S.
Special uses. The Committee may establish, construct and maintain
recreation and interpretation facilities, boat landings, wild resource
zones, aesthetic management zones, special use areas and wildlife
habitat.
T.
Prospecting. The Committee may enter into agreements to mine for
minerals and other natural resources upon County lands under the Department's
jurisdiction, subject to the approval by the Board and the Department
of Natural Resources.
U.
Use permits. The Committee may authorize special uses of County land
by written permit. Any such permit shall be revocable for cause by
written notice. The Committee may establish and charge fees for special
use permits.
V.
Sand and gravel permits. The Committee may issue permits to municipalities
within Adams County for removal of sand and gravel from County land
under the Department's jurisdiction, consistent with § 28.11,
Wisconsin State Statutes.
W.
Plan. The Committee shall cooperate with the Department of Natural
Resources in the establishment and maintenance of the Adams County
Fifteen-Year Comprehensive Land Use Plan. In addition, the Adams County
Forest Administrator will participate in the determination of the
allowable annual cut, an inventory of growing stock and increment
acreage control, establishment of compartments and other necessary
items for such plan.
X.
Special recreation area. The Committee may create and update rules
and regulations for the use of the shooting ranges, ATV area, disabled
hunter blinds and surrounding areas, and any other special recreation
areas.
Y.
Additional rules. Rules and regulations may be made from time to
time, by the Committee, governing the further use and enjoyment of
property administered by the Committee. Any person who shall violate
such rules or regulations, or who refuses to subject himself thereto,
may be excluded from the use of such facility and be subject to penalties.
A.
County Forest Land Fund. If in the event that County Forest land
is sold or traded, all proceeds from the sale or trade of the lands,
entered under § 28.11 of the Wisconsin Statutes, shall be
credited to a nonlapsing account entitled the "County Forest Land
Fund." These funds are to be used for the purchase of property to
be added to the County Forest.
B.
Town and state severance accounts. Ten percent of the gross timber
sale revenue shall be deposited in a segregated nonlapsing account
to be paid proportionally to the towns containing County Forest lands,
as per Wisconsin Statues, § 28.11(9)(d). In addition, 20%
of the gross timber sale revenue shall be deposited in a segregated
nonlapsing account to be paid to the Department of Natural Resources
when there is an outstanding debt, as per Wisconsin Statutes, § 28.11(9)(a).
C.
General fund. All monies received from the sale of timber stumpage, cut forest products, fees and use permits, sale of building materials, sale of surplus materials and equipment, fire or other damage collections or revenues received by the Committee will be deposited in the general fund at the end of the year unless otherwise specified under § 415-5 of this chapter.
D.
State funds. All allotments from state funds under §§ 28.11(8)(b),
State Forest Aid Fund, 86.315, Road Aids, 23.09(17)(m), Habitat Development
Grant, 23.09(12), County Fish and Game Fund, 23.09(26), Snowmobile
Aids, and 23.09(25), Motorcycle Aids Program, of the Wisconsin Statutes,
shall be deposited in their respective funds and shall be nonlapsing.
E.
Bond deposit account. All deposits for timber sale bid bonds and
performance bonds shall be deposited in the Bond Deposit Fund, and
such fund shall be nonlapsing.
A.
Designation of forest lands. All County lands and facilities thereon
owned, leased, controlled, or operated by the Committee, and not designated
under Ch. 27, Wisconsin Statutes, shall be considered forestland and
regulated by this chapter.
B.
Forest products harvest and theft.
(1)
Timber cutting. Commercial cutting, salvage cuttings and cultural
cuttings on lands designated in this chapter shall be by written permit
or contract, approved by the Committee.
(2)
Firewood and special products. Commercial harvest of firewood and
specialty products shall be by contract or written permit by the Adams
County Forest Administrator or designee(s).
(3)
Product theft. No person shall remove any plant, tree, parts of a
tree or other forest products from any County lands designated in
this chapter except as authorized by the Committee or its agent by
written permit, contract or policy. Picking fruit, berries, nuts and
mushrooms is permitted, unless determined otherwise by the Forest
Administrator.
C.
County property destruction and entry.
(1)
Destruction. No person shall disturb, vandalize, damage, deface,
remove or destroy any trees, shrubs, plants, other natural growth,
sand or gravel; carve on any rocks, archaeological or geological features,
signs, walls, tables or structures; drive nails into trees; or remove,
injure or deface in any manner any structures, including buildings,
signs, gates, fences, tables or other County property. The picking
of edible fruits, berries, nuts and mushrooms is permitted.
(2)
Entry. No person shall enter or be in any building, installation,
area, or trail that may be locked or closed to public use or contrary
to public or posted notice without a written permit from the Forest
Administrator.
(3)
Tampering. No person shall tamper with any building, installation,
or area which may be under construction, locked or closed to public
use, and/or tamper with, use, or damage any water control structure,
device, dam, or culvert, or act contrary to posted or public notice.
(4)
Damage by vehicle. No person shall, and no owner shall allow, the
operation of a vehicle for recreational use or other purpose in or
on any property administered by the Committee in such a manner as
to cause soil erosion, pollution or other damage.
D.
Sporting and recreational use of forest lands.
(1)
Recreation use permits. Written permits, approved by the Committee,
and issued by its agent to organizations are required for recreational
use of specified areas of County lands, including ski clubs, snowmobile
clubs, and other organizations and organized horse trail rides. Permits
may be issued for up to one year.
(2)
Abandoned vehicles. As used in this section, "vehicle" means any
motor vehicle, trailer, semi-trailer, or mobile home. No person shall
leave, nor shall any owner allow any vehicle to be left, unattended,
without prior authority from the Forest Administrator, under such
circumstances as to cause the vehicle to reasonably appear to have
been abandoned. An abandoned vehicle shall constitute a public nuisance
and be subject to removal at the owner's expense. Removal of
the vehicle shall not relieve the owner or the operator of the vehicle
from any penalty incurred because of such violation.
(3)
Camping. Camping shall be regulated by the provisions in the Adams
County Comprehensive Forest Plan.
(4)
Elevated blinds. No person shall construct, maintain, occupy, or
use on County Land any elevated scaffold or other elevated device,
except that portable stands may be used, provided they are completely
removed each day at the close of hunting hours and provided such devices
do no damage to any tree, or to other County property.
(5)
Ground blinds. No person may construct, occupy, or use on County
land any ground blind unless the following conditions are met:
(a)
The blind shall be constructed only of natural materials found
lying dead and down in the immediate area, and cause no damage to
trees or other County property. Portable ground blinds may be used,
provided they are completely removed each day at the close of hunting
hours.
(b)
The total area enclosed shall be no more than 36 square feet.
(c)
The blind is to be constructed so that it will not interfere
with the movement of authorized vehicles or equipment and constructed
in such a manner that it blends in with the surrounding area.
(d)
All objects that are not in a form found naturally within the
immediate area shall be removed from the blind each day at the close
of hunting hours.
(6)
Vehicular traffic.
(a)
No person shall operate any vehicle at a speed, or in a manner,
contrary to official traffic signs on County lands.
(b)
No person shall operate a motor vehicle in an abusive, boisterous,
unreasonably loud or otherwise disorderly manner under circumstances
which tend to cause a disturbance. Such conduct shall include, but
not be limited to: conduct which tends to disturb, annoy or endanger
one or more persons because of unnecessary or deliberate spinning
of wheels, squealing of tires, revving of engine, blowing the horn,
causing the engine to backfire, or causing the vehicle while commencing
to move or in motion to raise one or more of its wheels, tracks or
skis off the ground, or operate at an unreasonable or imprudent speed
on any County lands.
(c)
No person shall, and no owner shall allow, operation of any
motor vehicle on any County Forest lands, or on any secondary forest
road as identified in the Adams County Forest 15 Year Comprehensive
Land Use Plan, or on any forest road or trail closed by a gate, soil
berm, boulders, barricade, or other device designed to block vehicular
access to such area or road, or posted as closed, unless such party
is authorized by permit or contract issued pursuant to this chapter.
Limited off-road use of motor vehicles may be permitted for holders
of valid firewood cutting permits within designated firewood cutting
areas. The Committee or its agent may authorize special motor vehicle
use areas or trails and establish rules and regulations for use thereof
by the general public. The Committee or its agent may authorize, by
disabled access permit, persons with physical disabilities to use
a designated motor vehicle as a mode of personal conveyance. Disabled
access permits may only be issued to those persons eligible to receive,
and able to present, a Wisconsin disabled hunter permit, or other
similar acceptable proof of disability. A permit is not required for
disabled persons using a motorized wheelchair. Agents of the County
doing official business are exempted from this rule.
(7)
Parking.
(a)
No person shall, and no owner shall allow parking or stopping,
or leave standing, whether attended or unattended, any vehicle, watercraft,
or obstruction:
(b)
No person shall, and no owner shall allow parking or stopping,
or leave standing, whether attended or unattended, any vehicle in
areas reserved, by official traffic signs indicating the restriction,
for vehicles displaying registration plates or identification cards
which designate the vehicle as a vehicle used by a physically disabled
person as defined in § 346.505, Wis. Stats., unless said
vehicle has properly displayed said registration.
(c)
Agents of the County doing official business are exempted from
this rule.
(8)
Snowmobiles. No person shall, and no owner shall allow, operation
or parking of any snowmobile on any blocked road, trail or designated
ski trail. Agents of the County doing official business are exempted
from this rule.
(9)
Special use areas. In addition to rules and regulations set forth
in this chapter, rules and regulations of all other Adams County Code
of Ordinances will also apply to the ATV area, shooting ranges, and
other developed recreation areas.
E.
Special use. Special use of specific areas of County lands shall
be authorized only by written permit issued by the Committee.
F.
Refuse. No person shall leave or dump any litter, rubbish, debris,
dirt, stone or other materials on any County lands. When garbage receptacles
are provided by the County, only garbage generated on the site, and
associated with the special activity for which purpose the receptacle
was provided, may be placed in the receptacle. No personal or private
garbage or materials may be deposited in the receptacles.
G.
Fires. No person shall burn trash, slash or litter on County land
except as authorized by written permit or policy, or specific authorization
of the Forest Administrator.
H.
Prospecting. No person shall prospect on County land without written
permit issued by the Committee.
I.
Access. No person shall block or restrict access to any trail, road,
parking area, or recreational facility, or intentionally interfere
with the use of lands and facilities under the management and regulatory
control of the Committee. Agents of the County doing official business
are exempted from this rule.
J.
Public meetings and sales. Any person desiring to hold a public meeting
of any kind whatsoever, on any property administered by the Committee,
shall first obtain a permit from the Committee or its duly authorized
agent. The permit must be applied for not less than 48 hours prior
to the scheduled event.
K.
Peddling and soliciting. It is unlawful for any person to peddle
or solicit business of any nature, to distribute handbills or other
advertising matter, or to post signs, posters, or decorations on any
lands or structures under the jurisdiction of the Committee, for any
purpose whatsoever, unless first authorized by the Committee or its
duly authorized agent in writing.
L.
Signs. It is unlawful for any person to place unauthorized signs
on any property administered by the Committee.
M.
Survey monuments. No person shall remove, cover, bury, destroy or
deface any survey monument, corner post, monument accessory, witness
tree, bearing tree, or survey accessory on any lands within Adams
County, without following applicable statutory provisions.
N.
Installation, public utilities, and private construction. The location
of all public and private utilities, structures, lines, and pipes
within any property administered by the Committee shall be subject
to the control of the Committee, and their construction, erection,
repair, or relocation shall be undertaken only after written consent
thereto is received from the Committee or its agent.
O.
Personal conduct. It is unlawful for any person to engage in violent,
abusive, indecent, profane, boisterous, unreasonably loud, or otherwise
disorderly conduct under circumstances in which such conduct tends
to cause or provoke a disturbance on any property administered by
the Committee.
P.
Property of others. It is unlawful for any person to disturb, destroy,
vandalize, damage, or remove the property or personal effects of others
on any property administered by the Committee. Personal effects left
on property administered by the Committee may be removed by the agent
of the County.
A.
Legal action.
(1)
Arrest powers. Any law enforcement officer of Adams County or any
of its municipal subdivisions, or law officers of the state, may issue
a citation for the violation of any of the provisions of this chapter.
Said citation shall be in the format set forth in Wis. Stats., § 66.0113,
which is incorporated herein by reference. Said law enforcement officers,
as well as agents of the Zoning and Land Conservation Department,
shall have at all times the right to enter the premises of any County
land, building, structure, or enclosure in any park, wayside, or special
recreation area, including such grounds, buildings, structures, or
enclosures which may be leased or set aside for private or exclusive
use of any individual or group of individuals, for the purpose of
determining that there is compliance with this chapter and the rules
and regulations made by the Committee, and may use all necessary means
to attain that end.
(2)
Prosecution. Whenever an arrest shall have been made or any violation
shall occur, the District Attorney or Corporation Counsel shall prosecute
or proceed as provided by law.
(3)
Penalties. Any person, firm, company, or corporation who violates
the regulations set forth in this chapter, or rules and regulations
made by the Committee, shall be subject to a forfeiture of not less
than $25 nor more than $500, together with the costs of the action.
Each day a violation exists shall constitute a distinct and separate
violation of this chapter and, as such, forfeitures shall apply accordingly.
B.
Notice of violation.
(1)
Notice issuance authority. Adams County Zoning and Land Conservation Department personnel, designated in writing by the Forest Administrator, and peace officers described in Subsection A(1) shall have the authority to issue a notice of violation on forms approved by and pursuant to procedures established by the Forest Administrator and the Committee.
(2)
Penalties. Persons to whom a notice of violation has been issued for violating this chapter or rules and regulations made by the Committee may enter into a stipulation of guilt with Adams County by posting the sum (established in the fee schedule set by the Committee), within five days after the issuance of a notice of violation. Violators of this chapter who do not timely post said sum as a fee shall be referred to law enforcement for the issuance of a citation as provided in § 415-7A(1) of this chapter.
C.
Ejection from County Forest. Any person who has violated the terms
of this chapter may be subject to the immediate ejection from the
County land by the Adams County Forest Administrator or his designee(s),
Adams County Sheriff's Deputy or Wisconsin Department of Natural
Resources law enforcement personnel. Any person ejected from County
land may not reenter any County land for a minimum of 24 hours.
D.
Seizure. Whenever forest products are found to have been unlawfully
severed from County lands, the Sheriff shall, on satisfactory evidence,
seize such materials pursuant to § 26.06 of the Wisconsin
Statutes for use by the County or for sale, as the Committee may determine.
E.
Damages.
(1)
In addition to the penalties specified in Subsection A(2), any person violating any of the provisions of this chapter shall be liable for any damages.
(2)
Whenever evidence of unlawful cutting on County lands is filed with
the Corporation Counsel, he/she may, and on direction of the Committee
shall, bring suit to recover damages as provided by § 26.09,
Wisconsin Statutes. Similarly, a civil suit may be brought against
parties responsible for forest fire damage under § 26.21,
Wisconsin Statutes.
A.
Special exceptions. Special exceptions to this chapter may be granted
by prior written approval of the Committee and Forest Administrator.
B.
Effective date. This chapter shall take effect and be in force from
and after its passage and publication as required by law.
C.
Repeals. All ordinances and parts of ordinances in conflict herewith
are hereby repealed.
D.
Invalidation. Invalidation of any one of the subsections of this
chapter by judgment or court order shall in no way affect any of the
other provisions thereof, which shall remain in full force and effect.
