Town of Lake Tomahawk, WI Chapter 336 Trees and Vegetation

[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk 5-11-1988 as §§ 11.02, 11.03 and 11.05 of the 1988 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Outdoor burning — See Ch. 173.

Property maintenance — See Ch. 292.

§ 336-1 Slash disposal.

A. Definitions. For the purpose of carrying out the provisions of this section, the following terms shall have the meanings indicated:

SLASH

Any tree tops, limbs, bark, abandoned forest products, windfalls or other debris left on the land after timber or other forest products have been cut.

SNAGS, STUBS or RAMPIKES

Any dead tree still standing with or without limbs or any tree whose top has been broken off.

B. Disposal. Any person or the Department of Natural Resources engaged in cutting timber or other forest products or clearing a site for a building, structure or private road right-of-way within the Town shall dispose of all slash resulting from cutting operations within 100 feet of the center line of any public highway, common carrier railroad, main branch or main line logging road or railroad or within 100 feet of the boundary line of an adjacent owner. For the purpose of this section, an easement or right-of-way held by a public utility shall be construed as ownership. Areas of unbroken slash in excess of 320 acres shall be broken up by disposing of the slash for a distance of 100 feet on each side of any logging road, logging spur, portage trail or any other convenient line. All slash shall be disposed of within 500 feet of any schoolhouse, town hall, church, summer cottage, resort or the buildings of any small community or any settler. All dead rampikes, snags or stubs more than six feet high shall be felled within all such strips heretofore mentioned and for an additional 500 feet beyond, except in standing timber. All slash disposal shall be by burning unless the Town Board authorizes disposal by removal or by lopping and scattering. The disposal of slash, stumps and the felling of rampikes, snags or stubs shall be done concurrently with the cutting operation.

C. Penalty. On failure of the timber owner or cutting operator to dispose of slash and rampikes, snags or stubs as herein required, the Town may do the work and the landowner, timber owner, cutting operator, all three jointly, severally or individually shall be liable to the Town for the cost of such work, including supervision and transportation of its personnel and any court costs which may arise. All expense incurred by the Town shall be certified to the cutting operator, timber owner and landowner by registered mail at their last known address and shall be paid within 30 days.

D. Illegal felling. All slash, which during the process of cutting timber, taking out other forest products or clearing land falls into or is deposited in any lake or stream shall be immediately removed therefrom by the timber owner or cutting operator when in the opinion of the Town Board such removal is in the public interest. If such slash is not removed within 30 days, the Town may do the work and the landowner, timber owner or cutting operator responsible for such slash shall be liable to the Town, jointly, severally or individually, for the cost of such work including supervision and transportation of its personnel and any court costs which may arise.

E. Sales. All timber sales contracts or timber cutting contracts shall include provision for meeting the requirements of Subsections B and D.

§ 336-2 Spraying of defoliants prohibited.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

DEFOLIANTS

Any chemical or process which when applied to or near vegetation inhibits the growth or causes the death of that vegetation shall be considered a defoliant for the purposes of this section.

UTILITY LINES

Any wire, pipe or other means of aboveground or underground conducting of electricity, telephonic communication, cable television or other analogous system shall be considered utility lines for the purpose of this section.

B. Prohibition. No person, group or business entity, for itself or by another, shall permit or cause application by spraying, dusting or other manner of any defoliant for the purpose of clearing an area under or near utility lines.

§ 336-3 Violations and penalties.

A. The provisions of this chapter shall be enforced by and under the direction of the Town Board. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall be subject to a forfeiture as provided in § 1-4 of this Code.

B. Each day's violation of this chapter shall be considered a separate and distinct violation thereof for purposes of assessing penalties. The compliance therewith may be also enforced by injunctional order at the suit of the Town Board. Such suit for injunction shall be in addition to suit for penalty.