905 LAWS AND ORDINANCES
905.1 COUNTY FOREST LAW – s.28.11 Wis. Stats
905.2 COUNTY ORDINANCES
905.2.1 County Forestry Ordinance
905.2.2 County ATV Ordinance
905.2.3 Shoreland Zoning Ordinance
905 LAWS AND ORDINANCES
905.1 COUNTY FOREST LAW (s. 28.11, Wis. Stats) *
28.11 Administration of county forests.
- Purpose. The purpose of this section is to provide the basis for a permanent program of county forests and to enable and encourage the planned development and management of the county forests for optimum production of forest products together with recreational opportunities, wildlife, watershed protection and stabilization of stream flow, giving full recognition to the concept of multiple-use to assure maximum public benefits; to protect the public rights, interests and investments in such lands; and to compensate the counties for the public uses, benefits and privileges these lands provide; all in a manner which will provide a reasonable revenue to the towns in which such lands lie.
- Defined. "County forests" include all county lands entered under and participating under ch. 77 on October 2, 1963, and all county lands designated as county forests by the county board or the forestry committee and entered under the county forest law and designated as "county forest lands" or "county special-use lands" as hereinafter provided.
- Powers of county board. The county board of any such county may:
- Enact an ordinance designating a committee to have charge of the county forests and specifying the powers, duties, procedures and functions of such committee. The members of such committee shall be appointed pursuant to s. 59.13 and may include well-qualified residents of the county who are not members of the county board.
- Establish regulations for the use of the county forests by the public and to provide penalties for their enforcement.
- Appropriate funds for the purchase, development, protection and maintenance of such forests and to exchange other county-owned lands for the purpose of consolidating and blocking county forest holdings.
- Enter into cooperative agreements with the department for protection of county forests from fire.
- Establish aesthetic management zones along roads and waters and enter into long-term cooperative leases and agreements with the department and other state agencies or federal agencies for the use of the county forests for natural resources research.
- Establish transplant nurseries for growing seedlings, from the state forest nurseries, to larger size for planting in county forests, but no ornamental or landscape stock shall be produced in such nurseries.
- Establish forest plantations and engage in silviculture, forest management and timber sales.
- Engage in other projects designed to achieve optimum development of the forest.
- Enter into leases or agreements, for terms not exceeding 10 years, to explore and prospect for ore, minerals, gas or oil upon any county forest lands. These leases or agreements shall contain proper covenants to safeguard the public interests in the lands involved and to guard against trespass and waste. The county board shall require proper security to ensure that the person engaged in exploration or prospecting fully informs the county of every discovery of ore, minerals, gas or oil and restores the land surface to an acceptable condition and value if no discovery of valuable deposit is made or if county forest lands are not withdrawn from entry under this section. Before a lease or agreement under this paragraph is effective, approval of the lease or agreement by the department is required. If the department finds that the proposed lease or agreement fully complies with the law and contains the proper safeguards, it shall approve the lease or agreement.
- Enter into leases for the extraction of valuable deposits of ore, minerals, gas or oil upon any county forest land. If the extraction can be accomplished without permanently affecting the surface of the land, extraction leases may be entered into and extraction may occur while the land remains county forest lands. If the extraction cannot be accomplished without permanently affecting the surface of the land, extraction may not commence until the land is withdrawn as county forest land. Before an extraction lease under this paragraph is effective, approval of the lease by the department is required.
- Establish energy conservation projects which permit individual members of the public to remove up to 10 standard cords of wood without charge from county forest lands for individual home heating purposes. The county board shall limit removal of wood for energy conservation projects to wood that is unsuitable for commercial sale. The county board may require a permit to remove wood for energy conservation projects and may charge a fee for the permit to administer projects established under this paragraph. A county board shall restrict participation in projects established under this paragraph to residents, as defined under s. 29.001 (69), but may not restrict participation to residents of the county.
- Entry of county forest lands.
- (a) A county may file with the department an application for entry of county-owned land under this section. Such application shall include the description of the land and a statement of the purposes for which the lands are best suited. Upon the filing of such application the department shall investigate the same and it may conduct a public hearing thereon if it deems it advisable to do so at such time and place as it sees fit.
- If after such investigation the department finds that the lands constitute a well blocked county forest unit or that they block in with other established county forest lands and are otherwise suitable for the purposes of this section it shall make an order of entry designating such lands as county forest lands. All county lands entered under and participating under ch. 77 on October 2, 1963 shall be designated "county forest lands" without further order of entry.
- If the department finds that the lands are not suited primarily for timber production and do not otherwise qualify for entry under par. (b) but that they are suitable for scenic, outdoor recreation, public hunting and fishing, water conservation and other multiple-use purposes it shall make an order of entry designating such lands as "county special-use lands".
- A copy of the order of entry shall be filed with the county clerk and the county forestry committee, and the order shall also be recorded with the register of deeds.
- From and after the filing of such order of entry, the lands therein described shall be "county forest lands" or "county special-use lands", as the case may be, and shall so remain until withdrawn as hereinafter provided.
- The department may construct and use forest fire lookout towers, telephone lines and fire lanes or other forest protection structures on any lands entered under this section and the county clerk of such county shall execute any easement on or over such lands which the department may require for forest protection. The general public shall enjoy the privilege of entering such lands for the purpose of hunting, fishing, trapping and other recreation pursuits subject to such regulation and restrictions as may be established by lawful authority.
(5m) Grants for county forest administrators.
- On or before December 31, 2005, a comprehensive county forest land use plan shall be prepared for a 15-year period by the county forestry committee with the assistance of technical personnel from the department and other interested agencies, and shall be approved by the county board and the department. The plan shall include land use designations, land acquisition, forest protection, annual allowable timber harvests, recreational developments, fish and wildlife management activities, roads, silvicultural operations and operating policies and procedures; it shall include a complete inventory of the county forest and shall be documented with maps, records and priorities showing in detail the various projects to be undertaken during the plan period. The plan may include an application for aids under s. 23.09 (17m). The application will be considered an annual application for these aids during the 15-year period of the plan. The initial plan may be revised as changing conditions require. Upon the expiration of the initial 15-year period, and upon expiration of each subsequent 15-year period, the plan shall be revised and shall be in effect for another 15-year period. If a plan under this paragraph is not revised upon expiration of the 15-year plan period, or if a plan under s. 28.11(5)(a), 2003 stats., is not revised on or before December 31, 2005, that plan shall remain in effect until such time as that plan is revised and the revised plan takes effect.
- An annual work plan and budget based upon the comprehensive plan shall be prepared by the county forestry committee with the assistance of a forester of the department. The plan shall include a schedule of compartments to be harvested and a listing by location of management projects for the forthcoming year. In addition the plan shall include other multiple-use projects where appropriate. A budget, listing estimated expenditures for work projects, administration and protection of the forest, shall accompany the annual plan both to be submitted to the county board for approval at the November meeting.
(5r) Sustainable forestry grants.
- (a) The department may make grants, from the appropriation under s. 20.370 (5) (bw), to counties having lands entered under sub. (4) to fund all of the following for one professional forester in the position of county forest administrator or assistant county forest administrator:
- Up to 50% of the forester's salary.
- Up to 50% of the forester's fringe benefits, except that the fringe benefits may not exceed 40% of the forester's salary.
- The department may not make a grant under this subsection for a year for which the department has not approved the annual work plan that was approved by the county board under sub. (5) (b). The department may not base the amount of a county's grant on the acreage of the county's forest land.
- The department may choose to not make a grant to a county under this subsection if the county board for that county is more than one year delinquent in approving a comprehensive county forest land use plan or revised plan under sub. (5)(a).
- In this subsection, "sustainable forestry" has the meaning given in s. 28.04 (1) (e).
- The department may make grants, from the appropriation under s. 20.370 (5) (bw), to counties having lands entered under sub. (4) to fund the cost of activities designed to improve sustainable forestry on the lands.
- The department may choose not to make a grant to a county under this subsection if the county board for that county is more than one year delinquent in approving a comprehensive county forest land use plan or revised plan under sub. (5)(a).
- Timber sales and cultural cuttings.
- Limitations. The county forestry committee is authorized to sell merchantable timber designated in timber sale contracts and products removed in cultural or salvage cuttings. No timber sale contract is required for wood removed under sub. (3) (k). All timber sales shall be based on tree scale or on the scale, measure or count of the cut products; the Scribner Decimal C log rule shall be used in log scaling. All cuttings shall be limited to trees marked or designated for cutting by qualified personnel recognized as such by the department.
- Any timber sale with an estimated value of $3,000 or more shall be by sealed bid or public sale after publication of a classified advertisement announcing the sale in a newspaper having general circulation in the county in which the timber to be sold is located. Any timber sale with an estimated value below $3,000 may be made without prior advertising. Any timber sale with an estimated value of $3,000 or more requires approval of the secretary.
- Timber sales shall be subject to presale appraisals by qualified personnel recognized as such by the department to establish minimum sales value. Appraisal methods and procedures shall be approved by the department.
- No merchantable wood products may be cut on any lands entered under this section unless a cutting notice on forms furnished by the department is filed with and approved by the department. Any unauthorized cutting shall render the county liable to the state in an amount equal to double the stumpage value of the cut products which amount shall be paid by the county to the state. If the county does not pay the amount of such penalty to the state, the department may withhold such amount from future state contributions to the county.
- Within 90 days after completion of any cutting operation, including timber trespass, but not more than 2 years after filing the cutting notice, the county shall transmit to the department on forms furnished by the department, a report of merchantable wood products cut. The department may conduct any investigations on timber cutting operations that it considers to be advisable, including the holding of public hearings on the timber cutting operations, and may assess severance share payments accordingly.
- County forest credit. The department shall set up an account for each county showing the lands entered; the sums previously paid under s. 28.14, 1961 stats.; the sums hereafter paid under this section; the sums previously received in the form of four-fifths severance tax collected pursuant to s. 77.06 (5), 1961 stats.; the sums received as forestry fund severance share under this section; and the sums previously reimbursed to the state on withdrawn lands pursuant to s. 28.12 (4), 1961 stats. Whenever the forestry fund account of any county shows an overpayment of such severance tax or severance share as of June 30 of any year, the department shall return such overpayment to the county. All severance taxes previously paid by any county and deposited in the general fund shall be credited to the forestry fund account of the county. If such credit exceeds the balance due to the forestry fund account from such county, the overpayment shall be credited to the county and applied in lieu of future severance shares due to the state until the county account is balanced.
- State contribution.
- Acreage payments. As soon after April 20 of each year as feasible, the department shall pay to each town treasurer 30 cents per acre, based on the acreage of such lands as of the preceding June 30, as a grant out of the appropriation made by s. 20.370 (5) (bv) on each acre of county lands entered under this section.
- Forestry fund account.
- A county having established and maintaining a county forest under this section is eligible to receive from the state from the appropriations under s. 20.370 (5) (bq) and (bs) an annual payment as a noninterest bearing loan to be used for the purchase, development, preservation and maintenance of the county forest lands and the payment shall be credited to a county account to be known as the county forestry aid fund. A county board may, by a resolution adopted during the year and transmitted to the department by December 31, request to receive a payment of not more than 50 cents for each acre of land entered and designated as "county forest land". The department shall review the request and approve the request if the request is found to be consistent with the comprehensive county forest land use plan. If any lands purchased from the fund are sold, the county shall restore the purchase price to the county forestry aid fund. The department shall pay to the county the amount due to it on or before March 31 of each year, based on the acreage of the lands as of the preceding June 30. If the amounts in the appropriations under s. 20.370 (5) (bq) and (bs) are not sufficient to pay all of the amounts approved by the department under this subdivision, the department shall pay eligible counties on a prorated basis.
- The department may allot additional interest free forestry aid loans on a project basis to individual counties to permit the counties to undertake meritorious and economically productive forestry operations, including land acquisitions. These additional aids may not be used for the construction of recreational facilities or for fish and game management projects. Application shall be made in the manner and on forms prescribed by the department and specify the purpose for which the additional aids will be used. The department shall make an investigation as it deems necessary to satisfy itself that the project is feasible, desirable and consistent with the comprehensive plan. If the department so finds, it may make allotments in such amounts as it determines to be reasonable and proper and charge the allotments to the forestry fund account of the county. These allotments shall be credited by the county to the county forestry aid fund. After determining the loans as required under subd. 1., the department shall make the remainder of the amounts appropriated under s. 20.370 (5) (bq) and (bs) for that fiscal year available for loans under this subdivision. The department shall also make loans under this subdivision from the appropriations under s. 20.370 (5) (bt) and (bu).
- All payments made under this paragraph shall be known as the "forestry fund account."
- County forest severance share.
- Except as provided under pars. (b) and (c), on timber cut from lands entered as "county forest lands" the county shall pay a severance share of not less than 20% of the actual stumpage sales value of the timber. A higher rate of payment may be applied when agreed upon by the department and the county. When cutting is done by the county and timber is not sold or is sold as cut forest products the severance share shall be 20% of the severance tax schedule in effect under s. 77.06 (2).
(ag) The severance share paid by a county to the state shall be credited to the forestry fund account of the county and shall be divided into 2 payments as follows:
- An acreage loan severance share payment that is equal to the product of multiplying the amount of the severance share paid by the county by the percentage of the balance due in the forestry fund account of the county that is attributable to loans made under sub. (8) (b) 1.
- A project loan severance share payment that is equal to the product of multiplying the amount of the severance share paid by the county by the percentage of the balance due that is attributable to loans made under sub. (8) (b) 2.
- (am) The acreage loan severance share payments shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (5) (bq), and the project loan severance share payments shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (5) (bu).
- (ar) Notwithstanding s. 20.001 (3) (c), if the sum of the unencumbered balances in the appropriations under s. 20.370 (5) (bq), (bt) and (bu) exceeds $400,000 on June 30 of any fiscal year, the amount in excess of $400,000 shall lapse from the appropriation under s. 20.370 (5) (bq) to the conservation fund, except as provided in subd. 2.
- Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation under s. 20.370 (5) (bq) is insufficient for the amount that must lapse under subd. 1., the remainder that is necessary for the lapse shall lapse from the appropriation under s. 20.370 (5) (bu).
- No severance share payment is required if there is no balance due in the forestry fund account of the county. A severance share payment shall not exceed the balance due in the forestry fund account of the county.
- No severance share payment is required for wood removed from county forest lands for energy conservation projects established under sub. (3) (k).
- Of the gross receipts from all timber sales on the county forests 10% shall be paid annually by the county to the towns having county forest lands on the basis of acreage of such lands in the towns.
- The county board may by resolution adopted by not less than two-thirds of its membership make application to the department to withdraw lands entered under this section. The county board shall first refer the resolution to the county forestry committee, which shall consult with an authorized representative of the department in formulating its withdrawal proposal. The county board shall not take final action on the application until 90 days after referral of the application to the forestry committee or until the report of the forestry committee regarding the application has been filed with the board. The application shall include the land description, a statement of the reasons for withdrawal, and any restrictions or other conditions of use attached to the land proposed for withdrawal.
- Upon the filing of an application to withdraw lands under subd. 1., the department shall investigate the application. During the course of its investigation the department shall make an examination of the character of the land, the volume of timber, improvements, and any other special values. In the case of withdrawal for the purpose of sale to any purchaser other than the state or a local unit of government, the department shall establish a minimum value on the lands to be withdrawn. In making its investigation the department shall give full weight and consideration to the purposes and principles set forth in sub. (1), and it shall also weigh and consider the benefits to the people of the state as a whole, as well as to the county, from the proposed use against the benefits accruing to the people of the state as a whole and to the county under the continued entry of the lands to be withdrawn. The department may conduct a public hearing on the application, if it considers it advisable, at a time and place that it determines, except that if the county requests a public hearing in writing, the department shall hold a public hearing.
- If the department finds that the benefits after withdrawal of the lands described in the application under subd. 2. outweigh the benefits under continued entry of the lands and that the lands will be put to a better and higher use, it shall make an order withdrawing the lands from entry; otherwise it shall deny the application.
- If the application is denied, the county board may, by resolution adopted by not less than two-thirds of its membership, appeal to a review committee. The department shall submit the findings of its investigation and of any hearing on a proposed withdrawal to the committee, which shall be composed of the following members:
- One member appointed by the county board submitting the application for withdrawal.
- One member who is appointed by the governor, who is from another county that has land enrolled under the county forest law, and who shall be chairperson of the review committee.
- One member appointed by the department.
- One member appointed by the University of Wisconsin from the College of Agricultural and Life Sciences.
- One member to be selected by unanimous vote of the appointed members or, if the appointed members fail to achieve unanimity, by the governor.
- The review committee appointed under subd. 4. shall, by majority vote within 60 days after receiving the findings of the department, do one of the following:
- Approve the application for withdrawal if it finds the proposed use to be of a greater benefit considering all losses and benefits to the people of the state as a whole, as well as to the people of the county.
- Provisionally deny the application for withdrawal giving specific reasons why it finds the proposal deficient and making any suggestions for revising the application to reduce the conflict of the proposed use with the public interest.
- If the committee approves a withdrawal under subd. 5., it shall notify the county board of its approval stating, as necessary, specific procedures to be followed by the county relating to the withdrawal. The county board may then by a resolution approved by not less than two-thirds of its membership, withdraw the lands from the county forest law and shall send copies of this resolution to the department and to the county register of deeds who shall record the resolution.
- If the committee provisionally denies the proposed withdrawal under subd. 5., it may consider an amended application for withdrawal upon presentation of the application and supporting information, or it may require additional investigation of the amended application by the department before reconsidering the application. Any additional investigation shall include additional public hearings if requested by the county, the department, or the committee.
- (b) If the application is approved the county shall reimburse the state the amounts previously paid to the county pursuant to sub. (8) (b) which reimbursement shall be credited to the county forestry fund account; except that the department may waive all or part of such reimbursement if it finds that the lands are withdrawn for a higher public use or that the amount of such reimbursement is unreasonable when compared to the value of the land. If the department has waived any portion of such reimbursement and if at any subsequent time the land ceases to be used for the purpose designated in the application for withdrawal, the full amount of reimbursement due the forestry fund account on the lands withdrawn shall immediately become due and payable to the department and shall be credited to the forestry fund account, unless the department finds and determines that the lands will continue to be put to another higher public use in which case payments of such reimbursement may be deferred by the department so long as the lands are devoted to a higher public use. If payment is not made prior to the time of the next forestry aid payment to the county, forestry aid payments in an amount to be determined by the department shall be withheld until the amount due the forestry fund account is reimbursed.
- Enforcement. If at any time it appears to the department that the lands are not being managed in accordance with this section it shall so advise the county forestry committee and the county clerk. If the condition persists the department may proceed against the persons responsible for such noncompliance under s. 30.03 (4).
- Review. All orders of the department made under this section may be reviewed under ss. 227.52 to 227.58.
- History: 1971 c. 215; 1975 c. 39 s. 734; 1975 c. 342; 1977 c. 29; 1979 c. 34 ss. 723 to 725, 2102 (39) (a); 1983 a. 27; 1983 a. 192 s. 304; 1983 a. 424 ss. 2 to 5; 1985 a. 29 ss. 655ce to 655cg, 3202 (39); 1985 a. 182 s. 57; 1987 a. 27; 1989 a. 31, 79; 1993 a. 16, 184, 301; 1995 a. 27, 201; 1997 a. 237, 248; 1999 a. 9; 2001 a. 16, 103.
- Cross Reference: See also ch. NR 48 and ss. NR 1.24, 47.60, and 302.03, Wis. adm. code.
- A county forest withdrawal appeal review committee under sub. (11) (a) is not state agency whose decisions are reviewable under ch. 227. Allen v. Juneau County, 98 Wis. 2d 103, 295 N.W.2d 218 (Ct. App. 1980).
- County boards cannot sell or exchange county forest lands without first withdrawing them from the county forest program under sub. (11). 66 Atty. Gen. 109.
905.2 COUNTY ORDINANCES
905.2.1 County Forestry Ordinance *
Chapter 14 FORESTRY AND OUTDOOR RECREATION (Rep. & recr. #61-96)
||Forestry, Land and Outdoor Recreation Committee|
| COUNTY FORESTS
|| County Forest Law|
|| Forest Finances|
|| Forest Use Regulations|
|| Designation of County Forests|
| OUTDOOR RECREATIONS
|| Promulgation of Rules|
|| Rules and Regulations|
|| Special Exceptions|
|| All Terrain Vehicles|
| ENFORCEMENT AND PENALTIES
|| Enforcement and Penalties|
14.01 FORESTRY, LAND AND OUTDOOR RECREATION COMMITTEE.
- The County Board hereby assigns administration of the County Forestry Department to the Forestry, Land, and Outdoor Recreation Committee of the County Board.
- Administrator. The Oneida County Forest Administrator.
- All terrain vehicle "ATV". A vehicle as defined in §340.1 (2g), Wis. Stats.
- Board. The Oneida County Board of Supervisors.
- Camping or camp. The use of a shelter such as a tent, trailer, motor vehicle, tarpaulin, bedroll or sleeping bag for temporary residence or sleeping purposes.
- Committee. The Oneida County Forestry, Land, and Outdoor Recreation Committee of the Oneida County Board of Supervisors.
- County. Oneida County.
- County forest. Those lands owned by Oneida County and entered under the County Forest Law §28:11, Wis. Stats., either as Forest Lands or as Special Use Designation Lands.
- County forest road system. That system on which Oneida County receives State of Wisconsin, Department of Transportation road aids and are indicated as County Forest roads in the County Forest Ten-Year Plan.
- County forest ten-year plan. The Oneida County Forest Ten-Year Comprehensive Land Use Plan.
- Closed road or trail. A road or trail will be considered closed when designated as such by the presence of gates, signs, rocks, or earthen berms.
- Department. The Oneida County Forestry Department.
- D.N.R. Wisconsin Department of Natural Resources.
- Motorized vehicle. An engine powered device designed for transporting people or materials, including but not limited to, automobiles, snowmobiles, trucks, motorcycles, all terrain vehicles, mini-bikes, go-carts, dune buggies, air-boats, air-cushioned craft, golf carts, and heavy equipment both wheeled and tracked.
- POWERS AND DUTIES.
- Subject to budget limitations, the Committee is responsible for the activities and functions required of it in the administration of the County forest and County recreation areas as provided in this General Code and in accordance with the County Forest Ten-Year Plan.
- An annual work plan will be prepared along with the Department's annual budget for approval through the County Board's budget process. The work plan and budget shall serve as a directive to the Committee and shall establish the limits as well as the purpose for which expenditures may be made. It shall also be in conformity with the long range goals set forth in the County Forest Ten-Year Plan.
- The Committee shall direct and supervise the Department. It shall employ an Administrator as its agent in the management and regulation of the County Forest and the County recreational facilities as set forth in County Code §1.02 (2)(d). It shall employ such additional competent personnel as the Board may authorize to direct, perform and enforce the administrative and management functions of this chapter.
- The Committee shall establish and maintain a forest headquarters for office space and the housing of machinery, tools, equipment and supplies needed in conducting forestry operations.
- In conformity with such procedures established by the Committee or County Board rules, the Committee may purchase, acquire, sell, trade or dispose of instruments, tools and equipment required for the operation of the Department.
- The Committee may negotiate for the acquisition of lands for the purpose of inclusion into the County Forest or for recreation purposes. This may be done by purchase, gift, exchange, or bequest and such acquisitions shall be presented to the County Board for its ratification before it may be consummated.
- With Board approval and after obtaining Department of Natural Resources approval, the Committee may grant permits to prospect for ore or minerals upon County lands under the jurisdiction of this Committee. The Committee may issue permits to remove sand, gravel, or other nonmetallic materials from County lands only to units of government or to contractors if those contractors are using the materials for public works. The County Board retains the power to grant permits for metallic mining operations on County lands.
- The Committee shall prepare and present an annual report of the Department's activities to the County Board. The report shall include statistics showing work accomplished and at what cost. Such reports shall be in sufficient detail so that performance of the Department may be measured.
- ADMINISTRATION OF THE FOREST.
- The Committee shall do all things possible for the protection of the forests, whether from fire, insects, disease, trespass, damage by animals or other causes, in cooperation with the D.N.R.
- The Committee shall be responsible for the location of survey lines and the appropriate monumentation of corners of County forest lands.
- The Committee shall construct, improve and maintain a system of forest roads, trails and firebreaks and purchase and secure easements for access ways required to cross privately owned lands.
- The Committee shall conduct forest improvement work, including thinning, pruning, reforestation, and tree release by either mechanical or chemical means.
- The Committee shall cooperate with the D.N.R. in the determination of the allowable annual cut by establishment of cutting compartments and other necessary items for such plan.
- The Committee shall manage the County forest resource and sell timber stumpage in accordance with a County Forest Ten-Year Plan and in cooperation with the D.N.R.
- ADMINISTRATION OF OUTDOOR RECREATION.
- The Committee shall have the management and regulatory control of all County recreation areas and, in the exercise of its authority over such matters, it shall have the powers and duties enumerated in this subsection.
- Subject to budget limitations and in accordance with the Outdoor Recreation Plan approved by the Board and provisions of this chapter, the Committee shall establish, construct and maintain, wherever the County deems desirable within the forest and on County Forest Special Use Lands, recreation areas, including but not limited to, picnic grounds, waysides, public access roads and boat landings, scenic areas, and trail networks, and shall designate, mark and preserve places of natural or historic interest and significance. Management and regulatory control of all County recreation areas is specifically designated to this Committee.
- In cooperation with the D.N.R., the Committee shall do all things necessary for the protection of the County recreation areas, boat landings and special use areas, whether from fire, insects, disease, trespass, vandalism, damage by animals or other causes.
- The Committee shall cooperate with the D.N.R. on matters relating to game and fish management within the County forests.
- The Committee is authorized to enter into agreements with the D.N.R. for projects under Fish and Game Aids (§23.09(12)), Wildlife Habitat Aids (§23.07(17)), and Snowmobile Trail funding programs (Ch. 350), and any other applicable Wisconsin Statutes.
14.05 COUNTY FOREST LAW.
- Entry of lands under the County Forest Crop Law will be done according to the procedures laid out in the Ten-Year County Forest Land Use Plan.
- No lands entered as County forest land shall be sold unless recommended by the Committee and subsequently authorized by resolution of the County Board. Notice of withdrawal of lands entered under the County Forest Law shall be filed with the D.N.R. pursuant to §28.11(11), Wis. Stats., or any amendment thereto and as laid out in the County Forest Ten-Year Plan.
14.06 FOREST FINANCES.
- STATE ALLOTMENTS.
- All allotments from the D.N.R to the County under §28.11(8)(b), Wis. Stats., or any amendment thereto, for the purchase, development, preservation, management, and maintenance of the County forest lands shall be deposited in the State forestry aid fund. If any lands purchased from such funds are sold, the County shall restore the purchase price to the State forestry aid fund. All unexpended State forestry aid funds shall be nonlapsing.
- 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 and other damage collections, forfeited timber sale deposits or other revenue received by the Committee shall be deposited in the County General Fund, except income specified as follows:
- Of the stumpage money received, the amount as set forth in §28.11(9), Wis. Stats., will be placed in Oneida County State Severance Payment Account for payment to the State. Money will be placed in Oneida County Town Severance Payment Account in the amount as set forth in §28.11(9)(d), Wis. Stats., for payment to the towns. In addition money will be placed in Oneida County Land Purchase Account as set forth in the County Forest Ten-Year Plan.
- Payments received from mineral lease activities will be placed in the Mineral Revenue Account.
14.07 FOREST USE REGULATIONS. (Am. #107-2005)
- TIMBER CUTTING. (Am. #107-2004)
- Commercial cutting. Commercial cuttings shall be set up as timber sales with cooperation of the D.N.R and in compliance with provisions of §28.11(6), Wis. Stats.
- Terms governing these timber sales will be stated in written contracts between the County, with the Committee as its agent, and the contractor.
- In timber sales where the "lock box-haul permit system" is designated in the contract, the transportation of wood or wood products past a lock box without depositing in the lock box the proper documentation in the proper manner, as designated in the timber sale contract, is prohibited.
- Miscellaneous Forest Products: Treaty Rights Participants.
- Any treaty rights participant interested in gathering firewood as defined on the County's permit, tree bark, maple sap, lodge poles, boughs, marsh hay or berries not enumerated in County ordinances, from County land shall obtain a County gathering permit from the Department's Courthouse Office. The County shall respond to the gathering permit request no later than 14 days after receipt of the request. The gathering permit shall indicate the location of the material to be gathered, the volume of material to be gathered and conditions on the gathering of the material necessary for conservation of the timber and miscellaneous forest products on the County land or for public health or safety.
- The County may not deny a request to gather miscellaneous forest products on County property under this subparagraph unless the gathering is inconsistent with the management plan for that property; the gathering will conflict with the 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 is otherwise inconsistent with conservation or public health or safety.
- Noncommercial cutting.
- Noncommercial wood such as dead or naturally fallen trees or logging residue from completed timber sales may be made available to the public under a fuel wood permit system.
- The cutting and/or removal of trees or wood products including, but not limited to, branches, tree tops, logging residue, firewood, pulpwood, boltwood or sawlogs from County-owned land is prohibited unless the person doing the cutting or removal is the holder of a valid written permit that has been issued by the Department.
- The cutting and/or removal of trees or wood products including but not limited to firewood, pulpwood, boltwood or sawlogs while holding a valid written permit but in violation of any term of that permit is prohibited.
- The cutting of merchantable trees or the seedlings and saplings of merchantable trees to create shooting lanes is prohibited.
- Defacement of county property prohibited. No person shall scar, deface, remove or destroy any archaeological or geological features, drive nails, screws or other metal into trees or remove, destroy or deface any signs, gates, fences, survey markers, buildings or other County property.
- Collection of materials prohibited. Collection or removal of materials, such as but not limited to, nuts, fruits, berries, driftwood, wild flowers, ground pines, mosses or mushrooms for resale or for commercial purposes is prohibited. Conifer cones may be collected for resale to nurseries for reforestation purposes.
- Cutting or tapping trees prohibited. Cutting or removal of Christmas trees or evergreen boughs or the tapping of trees for sap collection is prohibited. Except as allowed under §14.07(a) (3) of this Code.
- Removal of materials prohibited. Removal of materials such as rocks, sand, gravel, topsoil, or clay from the County forest, except as provided in §14.01(2)(f) of this Code is prohibited.
- GENERAL USE.
- No overnight camping including tents, trailers, cars, trucks, portable hunting or fishing cabins is permitted in the County forests or its developed recreation areas. They are to be considered day use facilities. Except as follows:
- Temporary residence of logging crews.
- During the deer rifle hunting season camping will be allowed in the County forest from the Thursday prior to the opening weekend until the Sunday following Thanksgiving Day. Campers must register with the Department's Courthouse Office.
- All motorized vehicles are prohibited from traversing any forest road or trail which has been designated as closed, except those vehicles which are authorized by the Department.
- Any damage to, manipulation of, or attempt to circumvent, a gate, sign, rocks, or earthen berm is prohibited.
- All motorized vehicles, except those which are authorized by the Department, are prohibited from traveling off-road, off-trail, or cross-country in the County forest and must remain on roads or trails open to them.
- The dumping of litter, rubbish, debris, dirt, stone, lawn clippings, or brush any other materials shall be prohibited on all County forest lands. All forest users, including berry pickers, hunters, fishermen, loggers, and all others who visit or work in County forests are forbidden to leave litter anywhere in the forest or in its lakes or streams. No posting of unauthorized signs, handbills, markers, marking material or advertising matter will be permitted.
14.08 DESIGNATION OF COUNTY FORESTS.
- For the purpose of proper and complete identification, all County owned forest lands now held and entered under the State County Forest Law by the County or hereafter acquired for forestry purposes and located within the existing County forest boundaries, are established and designated as County forests, and such lands shall be shown on the official County forest map on file in the County Forestry office in the Courthouse in Rhinelander, and according to the records in the office of the Register of Deeds.
- It is the intent of the County Board to consolidate County forest holdings as lands are acquired by the County within the above mentioned boundaries.
Unless the context specifically indicated otherwise, the meaning of the terms used in this subchapter shall be as follows:
- RECREATION AREAS.
- (Am. #107-2005) All lands and water heretofore and hereafter acquired by the County or placed under the jurisdiction of the Committee and designated by signing or, as a matter of record, as a distinct unit for special recreational functions to include swimming areas, picnicking areas, fishing areas, nature study areas, and general recreation areas. The following are designated as County recreation areas:
- Almon Recreation Area.
- Town Line Recreation Area.
- Perch Lake Picnic Area.
- Bass Lake Picnic Area.
- Willow Rapids Picnic Area.
- BOAT LANDING AND PUBLIC ACCESS AREAS.
- All lands and water heretofore and hereafter acquired by the County or placed under the jurisdiction of the Committee which are signed and developed for water access purposes. The following areas are designated as County boat landings:
- Bass Lake Boat Landing.
- Wisconsin River Boat Landing.
- Flannery Lake Boat Landing.
- Perch Lake Boat Landing.
- Tom Doyle Boat Landing.
- Highway O Boat Landing
- SPECIAL USE AREAS.
- (Am. #107-2005) All lands and water heretofore and hereafter acquired by or placed under the jurisdiction of the Committee in order to develop or maintain singular characteristic or purpose. Designated Oneida County special use areas are:
- Gobler Lake Scientific Area.
- Spruce Lake Waterfowl Management Area.
- Memorial Forest.
- Highway O Fishing Bridge.
- NON-MOTORIZED TRAIL FACILITIES.
- (Am. #107-2005) All lands heretofore and hereafter acquired by the County and developed into non-motorized trail systems which are signed, groomed, or otherwise maintained for any of the following activities: biking, snow-shoeing, or cross country skiing. Those designated non-motorized trail facilities are listed as follows:
- Enterprise Primitive Cross-Country Skiing, and Snowshoe Trail.
- Washburn Non-Motorized Trail Network.
- Cassian Two-Way Ski Trail.
- Nose Lake Ski Trail.
- Almon Park Trails (for winter snow-shoeing).
- Wetland Trail.
- Upland Trail
Except when otherwise provided, the provisions of this subchapter shall apply to all lands, structures and property owned, leased or administered by the County, and under the management, supervision and control of the Committee.
14.12 PROMULGATION OF RULES.
- The Committee may from time to time prescribe rules and regulations for the further use and enjoyment of recreation areas, boat landings, special use areas, playgrounds, beaches, streams, lakes and the facilities thereof. Any person who violates such rules or regulations, or who refuses to subject himself thereto, may be excluded from the use of such facilities and be subject to the penalty provided in §14.20, Wis. Stats.
- Nothing in this Code shall prohibit or hinder the Committee, its administrator, supervisors, recreation area caretakers, other authorized agents or any peace officer from performing his official duties.
14.13 RULES AND REGULATIONS.
- CLOSING HOURS.
- No person shall enter or be in any County recreation area between the hours of sunset and the following sunrise. All County recreation areas, waysides, boat landings and special use areas shall only be considered day use facilities, and no overnight camping shall be allowed. Persons transporting watercraft to and from designated boat landings are permitted at any hour.
- CLOSING DATES.
- Picnic areas and other recreation area facilities are not plowed for vehicle traffic during the winter months.
- PERSONAL CONDUCT AND NUISANCES.
- No person shall indulge 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, or to be so intoxicated that he is unable to care for his own safety on any County owned property.
- DESTRUCTION OF PERSONAL PROPERTY.
- No person shall destroy, disturb, molest or remove the property or personal effects of others.
- UNNECESSARY NOISES.
- No person shall operate sound trucks, loudspeakers, motors, motorboats, motor vehicles or any other mechanical devices that produce unduly loud or unnecessary noises.
- DESTRUCTION, DEFACEMENT OR REMOVAL.
- Except for the picking of edible fruits or nuts for noncommercial purposes, the following are prohibited:
- Disturbing, molesting, defacing, removing or destroying any trees, shrubs, plants or other natural growth.
- Carving on any rocks, archaeological or geological features, signs, walls or structures.
- Driving nails, placing screws, or other metal in trees.
- Removing, injuring or defacing in any manner any structures including buildings, signs, fences, tables or other County property.
- ENTRY AND MANIPULATION.
- No person shall:
- Enter any building, installation or area that may be under construction or locked or closed to public use.
- Molest or manipulate any water control structure, dam or culvert.
- Enter or be in any building, installation or area after the posted closing time or before the posted opening time, or contrary to posted notice, in any recreation area or special use area.
- CLEANING RESTRICTED.
- No person shall wash themselves, cars, pets, cooking utensils or clothing in any lake or stream or on any picnic grounds, playgrounds, recreation areas, boat landings, parking lots or roadways or within 50 feet of any pump, fountain or drinking water outlet in any County recreation area.
- DISPOSAL OF REFUSE.
- No person shall dispose of any litter, garbage, sewage, bottles, tin cans, cigarette butts, paper or any other waste material by dumping such refuse in any County forest land, boat landing or special use area, except by placing it in receptacles provided for such purposes. Charcoal residue shall be left in a grate or fireplace until cool.
- GLASS PROHIBITED.
- No glass containers are allowed in any County recreation area.
- VEHICLES AND BOAT RESTRICTIONS.
- Excessive speed prohibited. No person shall operate any vehicle at a speed in excess of 15 mph or contrary to official traffic signs in any County recreation area.
- Reckless driving prohibited. No person shall operate any vehicle in any park in a reckless manner contrary to §346.62, Wis. Stats.
- Operation restricted. No person shall operate or park any motorized vehicle, except as otherwise provided in any County Recreation Area, Boat Landing and Public Access Area, Special Use Area, Ski Trail Area or upon any hiking trail, other than established roads, parking areas, boat ramps, and service areas, or contrary to posted notice.
- Use of motor boats restricted. By order of the Town Board of the Town of Pelican, no person shall operate any motor-driven boat in waters of Buck Lake; nor shall any person operate any motordriven boat in waters of Perch Lake by order of the Town Board of the Town of Woodboro.
- Parking restricted. No person shall park, stop or leave standing, whether attended or unattended, any vehicle, obstruction, or watercraft:
- Blocking, obstructing, or limiting the use of any road, trail, parking lot, boat landing, waterway, or winter sport facility.
- Outside any area provided for such purposes when it is practical to use areas so provided.
- Contrary to posted notice.
- In any recreation area between the hours of sunset and the following sunrise. Vehicles used to transport watercraft are permitted at designated boat landings at any time.
- No person shall start, tend or maintain any fire except for cooking or heating and then only in designated fireplaces or grills in any County recreation area, boat landing and public access area. Further, no person shall leave any fire unattended at designated fireplaces or grills or throw away any matches, cigarettes, cigars, pipe ashes or any embers without extinguishing them, and then only in the proper receptacle.
- FIREWORKS, ROCKETS, EXPLOSIVE DEVICES.
- No person shall possess, fire, discharge, explode, or set off any pyrotechnic device, firecracker, or other explosive material on any County forest lands or boat landings and public access area, except exhibitions of fire works given under the direction or by the permission of the Committee or its authorized agent.
- No person shall possess or have under their control any firearm, airgun, bow, crossbow, slingshot or dangerous weapon as defined in §939.22, Wis. Stats., unless it is unloaded and enclosed in a carrying case, in any County recreation area. Firearms, bows, and crossbows used for the purpose of participating in a State hunting season with a valid State hunting license are authorized at boat landings and public access areas, special use areas, and ski trail facilities, and other County forest lands. Other uses must have specific Committee approval.
- PETS. (Am. #107-2005)
- No person shall allow pets to enter any public building, bathing beach, picnic grounds, or playgrounds within any County Recreation Area, or to run at large at any time on County Recreation Area grounds. Regulations pertaining to pets at formally designated Non-Motorized Trail Facilities are listed under 14.13 (20)(e). In other County facilities, pets are permitted provided they are effectively restrained or under the owner's control at all times, No person shall allow their pet to deprive or disrupt the enjoyment or use of any area by others.
- HORSES. (Am. #107-2005)
- No person shall ride a horse on any non-motorized trails or have a horse in any County recreation area. Organized events or commercial rides will require Committee approval as set forth in §525.5 of the current County Forest Ten-Year Plan.
- BICYCLES. (Am. #107-2005)
- No person shall ride a bicycle in any County recreation area except on asphalt roads or parking areas, unless signed otherwise.
- No person shall play or practice any outdoor sport or other games upon or within any County recreation area, except in areas provided for each individual sporting activity or in any manner from which injury or inconvenience to others might result.
- Bathing dress. No person shall enter the water, onto any bathing beach, or County recreation area unless clothed in a suitable bathing dress or suit. The object of this subsection is to prevent nudity.
- Changing clothing. No person shall change clothes, except in beach houses or other enclosed places.
- NON-MOTORIZED TRAIL FACILITIES. (Am. #107-2005)
- No motorized vehicles are allowed on the non-motorized trail network except those being used for inspection or maintenance.
- No walking, snowshoeing, bicycling, sledding, or mode of travel other than that of skiing is allowed on trails designated and periodically groomed for cross-country skiing during periods when said trails are snow covered. Ski trails can be crossed by other County approved recreational trails under the following conditions:
- Trail intersections must be formally approved by the Oneida County Forestry, Land, and Outdoor Recreation Department and designated as such with signs.
- Alternative use recreational trails can only bisect ski trails in the most direct manner possible. Trail crossings must be at or close to a 90 degree angle.
- Use of trails in a manner or direction contrary to posted signs is prohibited.
- A non-transferable valid trail pass is required by individuals eighteen years of age and older to bike, ski, or snowshoe on trails designated, signed, and otherwise maintained specifically for said activities.
- Annual Trail Passes are available for a cost of $20.00 each. Annual Trail Passes are valid for a 1-year period from January 1st through December 31st of each calendar year.
- Daily Trail Passes are available for a cost of $5.00 each. Daily Trail Passes are only valid for the date that is entered on the registration form.
- Trail users must have a valid trail pass in their possession while biking, skiing or snowshoeing on designated trails.
- Trail Passes become valid upon a (completed registration form and appropriate user fee) being submitted to the Oneida County Forestry, Land, and Outdoor Recreation Department in any one of the following acceptable methods:
- Depositing the completed registration form and appropriate user fee into an Oneida County self-registration drop box. A self-registration drop box is located at the entrance of each formally designated non-motorized trail facility that requires a trail pass for designated uses.
- Depositing the completed registration form and appropriate user fee into any U.S. Post Office mail receptacle.
- Submitting the completed registration form and appropriate user fee to an attendee at any government office or business location listed on the trail pass registration form.
- During periods of snow cover, dogs are permitted on signed or otherwise maintained snow-shoe and or cross country ski trails at the following Non-Motorized Trail Facilities, provided that the dog is under the owner's voice control at all times.
- Enterprise Primitive Cross-Country Skiing, and Snowshoe Trail.
- Nose Lake Ski Trail.
- Almon Park Wetland Trail.
- Almon Park Upland Trail.
- ELEVATED PLATFORMS AND PORTABLE TREE STANDS. (Am. #65-2003; #107-2005)
- The construction or use of any permanently elevated platform, commonly referred to as a permanent tree stand, on Oneida County Forest land is prohibited.
- Screws, nails, lag screws, screw steps, spikes, or other similar devices are damaging to trees, therefore they are prohibited for use in trees on Oneida County Forest land.
- Portable tree stands may be used on Oneida County Forest land providing that they do not damage trees, and they have the owner's name, address, and telephone number clearly printed on or attached to the stand. Portable tree stands can be placed on Oneida County Forest land not more than 1 week prior to the opening day of Wisconsin's first big game hunting season, and must be completely removed no later than 1 week after the closing date of Wisconsin's last deer season the following year.
- Elevated platforms and portable tree stands found in violation of 14.13(21) of the General Code of Oneida County, Wisconsin will be removed by forestry department employees, destroyed, or sold at county auction. A person found in violation of any portion of the aforementioned ordinance is subject to a citation and monetary forfeiture.
- GROUND BLINDS. (Cr. #107-2005)
- A ground blind means a structure, enclosure, or any material, natural or manufactured, placed on the ground to assist in concealing or disguising the user or occupant for the purpose of taking game. The following types of ground blinds are legal on Oneida County Forest land:
- Dead Natural Material Ground Blind: These blinds must be completely made of materials natural to the area such as dead leaves, branches, bark, or naturally fallen trees. Screws, nails, lag screws, screw steps, metal spikes, wire, nylon rope, or other non-biodegradable materials may not be used to fasten materials together or to trees.
- Portable Manufactured or Constructed Ground Blind: These blinds must be clearly portable and be completely removed from the Oneida County Forest at the end of each day's hunt. Fasteners, if used to attach or anchor the blind, cannot damage any living trees or penetrate the cambium of a living tree and must be completely removed with the blind at the end of each day's hunt. Owner identification is not required on this type of blind.
- Seasonal Manufactured or Constructed Ground Blind: These blinds include all other blinds not meeting the requirements of either Type (a) or Type (b) including Portable Manufactured or Constructed Ground Blinds if not removed daily. Type (C) blinds can be placed on Oneida County Forest land 1 week prior to the opening day of Wisconsin's first big game hunting season, and must be completely removed no later than 1 week after the closing date of Wisconsin's last deer season the following year. The name, address, and telephone number of the blind owner must be clearly printed on or attached to the blind. Fasteners, if used to anchor or attach the blind, cannot damage any living trees or penetrate the cambium of a living tree and must be removed with the blind.
- Portable and or Seasonal Manufactured or Constructed Ground Blinds found in violation of 14.13 (22) of the General Code of Oneida County, Wisconsin will be removed by forestry department employees, destroyed, or sold at county auction. A person found in violation of any portion of the aforementioned ordinance is subject to a citation and monetary forfeiture.
- SPECIAL CONSIDERATION PERMITS.
- Recreation structures, facilities, or areas may be reserved by County residents for special purposes, subject to approval by the Committee. The Committee, or its appointed agent, at its discretion, shall issue a permit and may set a charge or security deposit for this facility. Any person to whom a permit is issued by the Forest Administrator, or other authorized personnel, shall be bound by the provisions of all County ordinances and State laws as though the same were provided in each permit.
- PEDDLING AND SOLICITING.
- No person shall peddle or solicit any business, offer or advertise items for sale, distribute handbills or other advertising matter, post unauthorized signs or decorative matter on any County owned lands, structures or property; or use County property as a base of commercial operations for soliciting or conducting business, peddling or providing services within or outside such lands, structures or property unless first authorized by the committee or its authorized agent.
- Approved snowmobile trails. All snowmobile trails that receive State funding under Ch. 350 and are sponsored by the Oneida County Forestry Department or trails in which Oneida County holds the land use agreement, or trails on land owned by Oneida County. These trails are designated on the official County snowmobile map, a copy of which is kept on file in the Forestry Office, Courthouse, Rhinelander.
- Snowmobile. Any engine powered vehicle of a design which uses sled type runners or skis, is propelled by a continuous track, and which requires snow or ice for efficient travel.
- Snowmobile route. A highway designated for use by snowmobile operators adopted by the respective town or municipality and posted with signs by area snowmobile clubs.
- Snowmobile trail. A marked trailway on public property or on private property, subject to public easement or lease, designated for use by operators of snowmobiles by the Oneida County Forestry Department, but excluding highways except those highways on which the roadway is not normally maintained for other vehicular traffic by the removal of snow.
- Official trail opening. That date selected by the Oneida County Forestry Department in conjunction with the Oneida County Snowmobile Council and which is published in the official County newspaper designating the approved trails opened for snowmobile use.
- Official trail closing. That date selected by the Oneida County Forestry Department in conjunction with the Oneida County Snowmobile Council and which is published in the official County newspaper designating the approved snowmobile trails closed for snowmobile use.
- RESTRICTED USE OF SNOWMOBILES.
- No person shall drive a snowmobile on any land under the supervision, management, or control of the Department that is posted or gated.
- No person shall drive a snowmobile at a speed in excess of 10 miles per hour on any portion of an approved snowmobile trail that is posted with yellow sign indicating "Slow," "Steep Hill," "Dip," "Turn," or other caution.
- Operators of a snowmobile on approved snowmobile trails must stop at all locations marked with a red sign indicating "Stop."
- RESTRICTED USE OF SNOWMOBILE TRAILS.
- No person shall drive any four-wheel drive vehicle, passenger car, off-road vehicle, truck, all-terrain vehicle (ATV'S) or motorcycle on any approved snowmobile trails without the written permission of the Department, except for trail maintenance activities.
- No person shall operate any snowmobile on any approved snowmobile trail until officially
- No person shall operate any snowmobile on any approved snowmobile trail after such trail is officially closed by the Department.
- No person shall deface, destroy, or remove any snowmobile sign posted on any approved snowmobile trail.
- No person shall post any unauthorized signs on any approved snowmobile trail without the written permission of the Committee or its agent.
- No person shall leave an unattended vehicle or place an obstruction on the groomed portion of any approve snowmobile trail.
- Pedestrians, including skiers, using approved snowmobile trails must yield to all snowmobiles on said trails.
- Operation by youthful operators is restricted and defined in §§350.5 and 23.33(5), Wis. Stats.
- No person shall operate a snowmobile in a careless way or at a rate of speed which would endanger person or property of self or others.
- No person shall operate a snowmobile off the leased 16.5 foot right-of-way and onto the private land along the designated snowmobile trails.
- No person shall operate a snowmobile contrary to state laws or regulations.
14.16 SPECIAL EXCEPTIONS.
Special exceptions may be granted by prior approval of the Committee.
14.17 ALL TERRAIN VEHICLES. (Cr. #114-99)
- All terrain vehicle. Is defined in §340.01(2g), Wis. Stats.
- Approved all terrain trails. All ATV trails that receive State funding under §23.33, Wis. Stats., and are sponsored by the Oneida County Forestry Department or trails in which Oneida County holds the land use agreement, or trails on land owned by Oneida County. These trails are designed on the official County ATV map, a copy of which is kept on file in the Oneida County Forestry Office, Court House, Rhinelander, Wisconsin.
- All terrain vehicle route. A highway or sidewalk designed for use by all terrain vehicle operators by the governmental agency having jurisdiction as authorized by §23.33, Wis. Stats.
- All terrain vehicle trail. A marked trail way on public property or on private lands subject to public easement or lease, designated for use by operators of all terrain vehicles by the Oneida County Forestry Department, but excluding roadways or highways except those roadways which are not seasonally maintained for motor vehicle traffic.
- Official all terrain vehicle trail closing. That date selected by the Oneida County Forestry Department and which is published in the official County newspaper designating the approved all terrain vehicle trails are closed for all terrain vehicle use.
- Official all terrain vehicle trail opening. That date selected by the Oneida County Forestry Department and which is published in the official County newspaper designating the approved all terrain vehicle trails are opened for all terrain vehicle use.
- RESTRICTED USE OF ALL TERRAIN VEHICLES. (Am. #107-2005)
- No person shall drive any motorized vehicle other than an all terrain vehicle, as defined by Oneida County, on any approved all terrain vehicle trails without the written permission of the Oneida County Forestry Department, except for trail maintenance activities.
- No person shall drive an all terrain vehicle at speeds in excess of 10 mph on any portion of an approved all terrain vehicle trail that is posted with a yellow sign indicating "slow," "steep hill," "dip," "turn," or other caution.
- The operator of an all terrain vehicle on approved all terrain vehicle trails must stop at all locations marked with a red sign indicating "stop."
- No person shall operate an all terrain vehicle with tire chains or studded tires on any approved all terrain vehicle trail or on land owned by Oneida County that is entered under the County Forest Law §28.11, Wis. Stats., either as Forest Lands or as Special Use Designation Lands.
- No person shall operate an all terrain vehicle on any trail designated opened for both public snowmobile and all terrain vehicle use by the Oneida County Forestry Department when the temperature on the trail at a point 4 feet above the trail surface, measured in the shade, is 28 degrees Fahrenheit or higher.
- No person shall deface, destroy, or remove any all terrain vehicle sign posted on any approved all terrain vehicle trail.
- No person shall operate an all terrain vehicle at a rate of speed that is unreasonable or improper under the circumstances, in any careless way so as to endanger the person or property of another.
- No person shall operate an all terrain vehicle which has been mechanically or otherwise altered from the manufacturers specifications so as to generate additional speed, traction, or noise.
- All terrain vehicles (ATVs), off-road motorcycle, mini-bikes, go carts, and other non-street legal vehicles may not be operated on the County forest road system, except that ATVs may travel on that segment of the Camp Six Road from a point 0.6 mile north of the intersection of the Camp Six Road and the Wickham Road to a point on the Camp Six Road 0.2 mile south of the intersection of the Camp Six Road and the Wickham Road, and the entire length of Rozell Road, a distance of 5.50 miles, between Kelly Fire Lane and McCord Road. The aforementioned segments of the County Forest road system shall be signed with ATV route signs to indicate the road is legal for ATV operation. (Am. #22-2003; #63-2003)
- All terrain vehicles are authorized for use on existing woodland trails that have not been designated as closed to motorized use by the placement of a gate, sign, earthen berm, or other similar blockade across said trail. Any attempt to circumvent a gate, sign, earthen berm, or other similar blockade with an ATV is prohibited. All terrain Vehicles, are prohibited from traveling off-road, off-trail, or cross-country in the County Forest and must remain on roads or woodland trails designated as open for ATV vehicle use.
14.20 ENFORCEMENT AND PENALTIES.
- CRIMINAL ACTION.
- Whenever an arrest has been made for unlawful cutting on land owned by the County or on which the County holds a tax certificate, the District Attorney shall take appropriate action under Ch. 26, Wis. Stats.
- Whenever forest products are found, known to have been unlawfully severed or removed from County lands, the Sheriff shall on satisfactory evidence seize such materials pursuant to §26.06, Wis Stats., for use by the County or sale as the Committee may determine.
- CIVIL ACTION.
- Whenever the Corporation Counsel has evidence of unlawful cutting on County lands, Counsel shall, on recommendation of the Committee, bring suit to recover damages as provided by §26.09, Wis. Stats. Similarly, civil suit shall be brought against parties responsible for forest fire damage under §26.21, Wis. Stats.
- CITATION OR SUMMONS.
- Any person to whom a citation or summons has been issued for a violation of this subsection, except par. (b), may enter into a stipulation of no contest with the County by posting the appropriate sum with the Clerk of Court within 48 hours after the issuance of such summons or citation. Violators of this subsection who do not timely post such sum as a forfeiture shall be required to appear at the next regular session of the court for the setting of a trial date.
- The Committee and its appointed administrative agent shall secure information and seek the cooperation of State, County, and Town officers in securing information required for legal action.
- Except as otherwise provided herein, any person violating any provision of this Chapter or the rules and regulations promulgated by the Committee shall be subject to a penalty under §25.04 of this General Code.
905.2.2 County ATV Ordinance
See County Forestry Ordinance in 905.2.1
905.2.3 Shoreland Zoning Ordinance
The Shorleland Zoning Ordinance for Oneida County is available for viewing in the Oneida County Planning and Zoning Office, Courthouse, Rhinelander WI.