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DOUGLAS COUNTY FOREST COMPREHENSIVE LAND-USE PLAN 2006-2020 CHAPTER 600 Protection Section Page 600 Objective 605 Fire 605.1 Cooperation with WDNR 605.1.1 605.1.2 Facilities and Equipment 605.1.3 Fire Detection 605.1.4 Forest Fire 605.2 Slash 605.3 Debris 605.4 605.5 Prescribed Burning 605.6 County Forest-Fire Hazard 605.6.1 Wildfire Protection Planning 605.6.2 Fuel Breaks 605.7 Uncontrolled 610 Control of Forest Pests and Pathogens 610.1 610.2 Pest 610.3 Integrated Pest 610.3.1 Specific Pests and Pathogens of 610.3.1(a) 610.3.1(b) Jack Pine 610.3.1(c) Oak 610.3.1(d) Forest Tent 610.3.1(e) Two-Lined Chestnut 610.3.1(f) Emerald Ash 610.3.2 610.3.3 Legal 610.3.4 Special 615 Invasive 615.1 Noxious 620 Timber 620.1 Timber Theft Investigation 620.2 Timber Trespass 625 600 - 1 600 - 1 600 - 1 600 - 1 600 - 1 600 - 2 600 - 2 600 - 2 600 - 2 600 - 2 600 - 3 600 - 3 600 - 3 600 - 4 600 - 4 600 - 4 600 - 4 600 - 4 600 - 5 600 - 5 600 - 5 600 - 6 600 - 6 600 - 6 600 - 6 600 - 7 600 - 7 600 - 7 600 - 7 600 - 7 600 - 8 600 - 8 600 - 8 600 - 9 600 - 9 ---PAGE BREAK--- CHAPTER 600 PROTECTION 600 OBJECTIVE The DCFD is committed to protecting the resources of the County Forest from losses to fire, insects, diseases and other destructive elements, including those caused by people. Protective methods shall include the use of sound silvicultural methods. 605 FIRE CONTROL Maintaining a healthy County Forest is the key to controlling wildfires on the Forest. Since the early 1900’s, many devastating fires have occurred throughout the Forest (see Appendix W-II) and high hazard areas continue to exist today. The DCFD will minimize the loss of resource values to fire through the use of organized fire prevention, detection, and suppression methods. The WDNR is responsible for all matters related to the prevention, detection, and suppression of forest fires outside the limits of incorporated villages and cities 26.11 Wisc. Stats.), and cooperates with local fire departments in all fire-control activities. The Douglas County Forest is part of the intensive forest fire protection area. Guidelines on fire control are included in the Fire Prevention Handbook (4310.5), Fire Presuppression Handbook (4320.5), Fire Management Handbook (4325.1), and Prescribed Burn Handbook (4360.5). 605.1 Cooperation with WDNR Pursuant to s. 26.11 and s. 28.11 Wisc. Stats., and the County Forest Ordinance, the DCFD may cooperate with the WDNR in fire prevention, detection, and suppression efforts on the Douglas County Forest through agreements authorizing the WDNR to use County forest land or to request County personnel and equipment for fire-protection activities (see Appendix U-I for the memorandum of understanding (MOU) for fire suppression services). This MOU was in effect at the time this Plan was approved and is included as an unofficial reference. Contact the DCFD for a current version of the agreement between Douglas County and the WDNR. 605.1.1 Personnel Upon request from the WDNR, qualified County Forest personnel may be made available for fire control within the County. Such requests will be approved by the Director of Forestry and Natural Resources in accordance with the MOU for fire-suppression services. Requests for assistance outside of the County or State will be considered on a limited, case-by-case basis and must be approved by the Director of Forestry and Natural Resources. The WDNR is responsible for providing training for and directing the fire assignments of County personnel. 605.1.2 Facilities and Equipment Upon request of and as identified in the MOU, DCFD facilities and equipment may be made available ---PAGE BREAK--- COMPREHENSIVE LAND-USE PLAN 2006-2020 for fire control. The WDNR will, to the best of its ability, make its own fire-suppression facilities and equipment available for fire incidents in the County during periods of high fire hazard. All DCFD vehicles and/or crews that are assigned to fire duty should be equipped with one or more backpack cans, hand tools (axes, shovels, pulaskis, rakes, etc.), personal protective equipment, mobile communication devices, and other equipment deemed essential by the MOU. All hand tools shall be maintained and provided by the WDNR. 605.1.3 Fire Detection Fire detection is the responsibility of the WDNR. DCFD personnel will assist by reporting any wildfires to the appropriate WDNR official, local fire department, or 911 dispatch. The WDNR operates and maintains eight fire towers within Douglas County. It’s Brule Office serves as the primary dispatch for Douglas County fire operations. 605.1.4 Forest Fire Prevention WDNR personnel are authorized by Douglas County to place fire prevention signs at recreational areas and other strategic locations within the County Forest. All operations (including harvesting) on the Forest designed to prevent forest fires. The use of the Forest during periods of high fire hazard may be restricted by the Director of Forestry and Natural Resources. These restrictions will include but not be limited to recreation and forest-management activities. Other restrictions may be imposed by the Director as necessary. 605.2 Slash Disposal Timber sale contracts will be designed to meet or exceed the requirements of the Slash Disposal Law, s. 26.12, Wis. Stats. Additional requirements such as those focused on fuels reduction and mitigation may be imposed as necessary by the Director of Forestry and Natural Resources. 605.3 Debris Burning Unauthorized burning of natural or artificial debris will not be permitted on County forest lands pursuant to s. 26.12 Wis. Stats. 605.4 Campfires On established County Forest recreation sites, campfires will be restricted to designated fireplaces. For the remainder of the Forest, campfires will be allowed as long as proper precautions are taken (see County Ordinance 7.2 for campfire regulations). The following safety measures are recommended for all campfires on the Forest: Build fires on bare mineral soil. Clear a safety zone that is free of burnable material, around the perimeter of the fire. Never leave a fire unattended. 600 - 2 ---PAGE BREAK--- CHAPTER 600: PROTECTION Extinguish fires completely before leaving the site. During periods of high fire hazard, campfires and/or the use of stoves/grills may be restricted or prohibited. Additional restrictions may be imposed by the DCFD regarding the use of firewood on the County Forest and within recreation areas in an attempt to prevent introduction of exotic forest pests such as the Emerald Ash Borer (Section 610.31(f)). See Section 510.4.4 for information on camping, campfires, and firewood use on the Forest. 605.5 Prescribed Burning All prescribed burning on County forest lands will follow WDNR guideline (see Prescribed Burn Handbook) and (Sections 505.2.2 and 810.1.7). 605.6 County Forest-Fire Hazard Areas Primary emphasis will be placed on fire control in pine forest areas. Fuel maps of these areas are on file at the local WDNR office, also see Fire Management Handbook and Section 3030. The County will coordinate with the WDNR in providing fuel breaks or access ways where needed. Existing access roads, fuel breaks, and water access points will be maintained through cooperative agreements between the County and WDNR. Secondary emphasis will be placed on hardwood areas fuel breaks will not be developed or maintained but, access roads will be maintained (see Chapter 700). 605.6.1 Wildfire Protection Planning Past history has shown Douglas County to be very fire prone, and current conditions have increased the potential for loss of life, property, and resources. Mutual aid agreements are in place among the WDNR, DCFD, County Emergency Services, local fire departments, National Park Service, and USDA Forest Service. With the WDNR taking the lead, these agencies work together in planning and coordinating the use of equipment, personnel, and other resources to safely and efficiently address fire protection within the County. About one-fourth of the County has been identified as needing the WDNR’s highest protection level (LOP1). Most of this area is in the southeastern corner of the County and includes the Towns of Solon Springs, Gordon, Highland, and Wascott. Fire-prone cover types such as grasslands, and pine forests, and high housing densities make this an especially high-hazard area. Current projects are concerned with preplanning structural zones, structure mapping, and landowner awareness. Also, information on Fire Wise techniques is being distributed in high-hazard areas and local emergency responders receive extensive training on fighting large and small fires. Activities related to warning/awareness signs, road improvement, fuel breaks, water-source access, and brush and debris clearing are being carried out. 600 - 3 ---PAGE BREAK--- COMPREHENSIVE LAND-USE PLAN 2006-2020 605.6.2 Fuel Breaks Fuel breaks are made by physically changing or removing fuels in strategic locations to break up the continuity of hazardous fuels. Fuel breaks in fire-prone areas provide a safer and predesignated place for firefighting crews to build and hold a control line. A fuel break may consist of converting hazardous vegetation into less flammable vegetation in critical areas, for example, establishing aspen stands between areas of pine, or removing trees and brush from along side roads or corridors so that there is insufficient fuel in the forest canopy to carry a crown fire. Construction and maintenance of fuel breaks in conjunction with other resource considerations, may vary greatly in width. The planning of fuel breaks will also consider the use of natural features such as lakes, streams, and wetlands. 605.7 Uncontrolled Fire All uncontrolled or non prescribed fires on the Douglas County Forest will be suppressed as soon as possible by the agency with jurisdiction and/or their agents or designees. The WDNR suppression policy is to take all suppression actions necessary to keep fires as small as possible in a cost- effective manner; the goal is to prevent forest fires from growing more than 5 acres in size. The WDNR does not have a “let burn” policy, though, consideration will be given to suppressing fires with tactics and equipment that are sensitive to unique landscape and other features. The Incident Command System will be used to organize all suppression forces on each fire. 610 CONTROL OF FOREST PESTS AND PATHOGENS The growing global trade in plants, and forest products and the use of wood-based packaging material provide many pathways for pests and pathogens to escape their native habitats and enter new areas. Over the past decade, several new pests and diseases have been found in the Douglas County Forest, and some of these pose a serious economic and ecological threat. This section discusses the more well-known pests and diseases that threaten the Forest. Additional pests and pathogens are discussed in Chapter 800. 610.1 Detection Resource losses on the County Forest due to pests and pathogens will be minimized through integrated pest management. Detection and control efforts will be undertaken by DCFD and WDNR personnel in cooperation with other agencies. 610.2 Pest Surveys Pest surveys are conducted under the direction of the WDNR’s Regional Entomologist. The WDNR cooperates with the Wisconsin Department of Agriculture Trade and Consumer Protection (DATCP) in monitoring the spread of the moth. The County may cooperate by providing personnel and equipment to assist in these operations. 600 - 4 ---PAGE BREAK--- CHAPTER 600: PROTECTION 610.3 Integrated Pest Management For purposes of this Plan, integrated pest management is defined as the maintenance of destructive agents, including insects, at tolerable levels, by the planned use of a variety of preventive, suppressive, or regulatory tactics and strategies that are ecologically and economically efficient and socially acceptable. Integrated pest control and methodology shall be determined jointly by the Director of Forestry and Natural Resources and the WDNR Liaison Forester in consultation with the WDNR Regional Entomologist and Regional Forester. Suppression of forest pests may include silvicultural prescriptions, including timber sales, and biological and chemical control. The latter is regulated by County Pesticide Ordinance 1.17 (see Appendix G-I). 610.3.1 Specific Pests and Pathogens of Interest 610.3.1(a) Moth The introduced moth (Lumantria dispar has progressed westward from the northeastern United States since the early 1900’s. In Wisconsin, it has been widespread in some eastern counties since 1988. Despite efforts to slow the spread and suppress outbreaks of the moth, it is progressing westerly through the State. On Douglas County Forest, the strategy to combat this defoliating insect will focus on silvicultural techniques to maintain and improve forest vigor, and thus reduce the likelihood and severity of defoliation. Also, suppression spraying with approved insecticides may be considered in high-use recreation areas and stands with large amounts of susceptible, high-value timber. Biological control is another technique that will be considered. The presence or discovery of threatened or endangered species in these areas may affect both the type of treatment and the decision to apply suppression tactics. Current insecticides for moth control include “Bacillus thuringiensis”, a bacterial insecticide, and a commercial formulation of a naturally occurring virus that kills moth caterpillars. is available only through the Federal suppression program administered by the WDNR. The intent in combating this insect is not to eradicate but reduce moth populations so that tree mortality remains at tolerable levels. The WDNR’s local moth coordinator and entomologist will be available for consultation on control tactics and possible quarantine procedures. DATCP is the agency responsible for quarantine procedures related to wood products imported from infested counties. The following are threshold levels for suppression on the Douglas County Forest: 20 acres in size and of a compact and regular shape (minimum eligible size for aerial spraying through the WDNR suppression program) or high-use, developed recreation areas. 500 egg masses per acre based on 1/40th acre (18.6 foot radius) plots. 600 - 5 ---PAGE BREAK--- COMPREHENSIVE LAND-USE PLAN 2006-2020 610.3.1(b) Jack Pine Budworm Jack pine budworm (Choristoneura pinus pinus Freeman) is a native needle-feeding caterpillar that generally is considered the most significant pest of jack pine. Vigorous, young stands of jack pine are rarely damaged during outbreaks because they are well stocked, evenly spaced, fairly uniform in height, and less than 45 years old. Older stands growing on sandy sites and suffering from drought or other stresses are highly vulnerable to tree mortality and top kill which, in turn, create heavy fuel loads for intense wildfires. On the Douglas County Forest, the strategy is to harvest at the appropriate rotation age, maintain high stand densities at appropriate stocking levels, and use good site selection for jack pine. This strategy should minimize budworm-caused tree mortality and reduce the threat of damaging wildfires while still providing suitable conditions for the regeneration of jack pine. Prompt salvage following an outbreak also will help reduce the possibility of wildfire and maximize the extraction of merchantable forest products. The use of insecticides is not warranted in combating the jack pine budworm on the County Forest. 610.3.1(c) Oak Wilt Oak wilt (Ceratocystis fagacearum (Bretz) Hunt) is responsible for the death of thousands of oak trees in forests, woodlots, and home landscapes each year. Oak wilt is caused by a fungus that invades and impairs a tree's water-conducting system, resulting in branch wilting and tree death. Trees in both the red and white oak cover types are affected. There is no known cure once a tree is attacked by oak wilt. Preventing new infection centers is the best management option and requires avoiding injury to healthy trees and removing dead or diseased host trees. Healthy trees should not be pruned during the growing season as this attracts beetles that may carry the oak wilt fungus. If pruning is necessary or damage is incurred during the growing season, e.g., through construction activities, logging, or storms, the wounds should be painted immediately. It is the County’s policy to use sound silvicultural and treatment practices in combating oak wilt. 610.3.1(d) Forest Tent Caterpillar The forest tent caterpillar (Malacosoma disstria Hubner) is found throughout the United States and Canada wherever hardwoods grow. The favored hosts in Wisconsin are aspen and oak. This native insect causes region wide outbreaks at intervals of 10 to 15 years; outbreaks usually last 2 to 5 years in the Lake States. Severe and repeated defoliation can lead to dieback and/or reduced growth of affected trees, which can be significant. Stressed trees also are susceptible to other harmful pathogens that can lead to increased mortality. Populations often are controlled by natural enemies. Aerial spraying of insecticides is an option for control. It is the County’s policy to use sound silvicultural practices in combating this cyclic pest. 610.3.1(e) Two-Lined Chestnut Borer The two-lined chestnut borer (Agrilus bilineatus (Weber)) is a common secondary pest in stands that have been severely defoliated and/or have been victim to other stress factors. Oaks that have been defoliated by insects such as moth, fall cankerworm (Alsophila pometaria), and forest 600 - 6 ---PAGE BREAK--- CHAPTER 600: PROTECTION tent caterpillar can be attacked and killed by the two-lined chestnut borer. The County will strive to maintain healthy trees through sound silvicultural practices that discourage infestation. Infestations will be salvaged 610.3.1(f) Emerald Ash Borer The emerald ash borer (Agrilus planipennis) introduced from Asia has taken hold in lower Michigan, where it has resulted in widespread mortality of green, white, and black ash, and several horticultural varieties. Although not currently in Wisconsin, the emerald ash borer poses a severe threat to ash in the State as this species is a significant component of the northern hardwood type and is found in nearly pure stands in some lowland areas. Adult beetles feed on foliage but it is the larvae that cause mortality by feeding on the phloem and outer sapwood of ash trees. The County will cooperate with ongoing trapping and survey efforts and sound silvicultural practices will continue to be used to maintain forest health. Should an infestation occur the County will work with the WDNR in applying measures to minimize the spread of the emerald ash borer. This may include aggressive salvage harvesting. 610.3.2 Funding Desired control activities on the Douglas County Forest will be funded through the County’s forestry budget should other funding sources be unavailable. If costs require additional funding, special appropriations will be sought from the County Board of Supervisors, Contingency Fund. State and Federal monies may be available in some cases, and State legislation might provide monetary assistance in crisis situations. In the case of moth outbreaks, the County may seek funding from the State’s Moth Suppression Program. 610.3.3 Legal Obligations All control operations will comply with regulations as set forth in County ordinances and existing State and Federal legislation (see Appendixes B-I through I-I, NR 80 Wis. Adm. Code, AG. 29, and the Environmental Pesticide Control Act). 610.3.4 Special Projects The County may cooperate with other agencies in conducting research on forest pests (see Chapter 200). 615 INVASIVE SPECIES Invasive species, primarily noxious weeds, pose a considerable threat statewide. Many weeds have genetic characteristics that enable them to out compete native species. Control efforts are costly and time consuming, and often are only marginally effective. Invasive species are introduced to the County Forest not only through the air and by animals but also on vehicles and equipment that travel through 600 - 7 ---PAGE BREAK--- COMPREHENSIVE LAND-USE PLAN 2006-2020 and past the Forest. Limiting or preventing the occurrence of invasive species on the County Forest is a major concern. As a result, current research and control practices used by other agencies will be monitored and implemented where appropriate, and all forest-management activities and recreational projects will be carried out in ways that address the control of invasive species. State and Federal guidelines will be followed and additional regulations may be imposed to ensure that activities on the County Forest do not increase the risk of introducing invasive species. 615.1 Noxious Weeds Once exotic noxious weed species become established aggressive control efforts are required. During the past decade, there has been a significant increase in the occurrence and distribution of invasive weeds on the County Forest. This trend is expected to continue for at least the next 15 years. The first line of defense against invading exotic weeds is constant surveillance of right-of-ways, stream banks, and internal forest roads and trails. Control efforts should be with the first appearance of an exotic invader. Early detection will minimize costs incurred in treating well-established plants or full-blown infestations. The latter requires eradication efforts that include the reintroduction of native plants following integrated control treatments. Most exotic invasive plants are perennials with an extensive network of tough roots and runners. Although currently prohibited for use on the Douglas County Forest, herbicides offer the best means of containment or eradication because they kill roots without baring the soil for reinvasion or erosion. Mechanical and/or biological controls measures are less effective and more expensive than herbicide applications. See Section 505.3.1(b) for information on herbicides and their potential application on the Douglas County Forest. 620 TIMBER THEFT All cases of alleged timber theft on the Douglas County Forest shall be investigated and resolved The County will collect damages pursuant to the Timber Sale Contract Ordinance 7.6, s. 26.05 Wis. Stats. and may pursue criminal charges under s. 943.20 Wis. Stats. and/or seek civil damages. Confirmation of the theft of timber cut or cut and removed from the County Forest does not alleviate the County from payment under s. 28.11 Wis. Stats. Where applicable, the County will pursue all available remedies available through the timber sale contract. 620.1 Timber Theft Investigation The Douglas County Sheriff's Department along with the WDNR Liaison Forester, rangers and wardens will gather facts pertinent to an alleged timber theft, and determine the extent of damage to the County. Legal counsel representing the County will be involved in all aspects of the investigation. 600 - 8 ---PAGE BREAK--- CHAPTER 600: PROTECTION Property involved in the alleged theft may be seized pursuant to s. 26.04 Wis. Stats. for use as evidence. If property boundaries are involved, they should be established by the County. If necessary, a legal survey will be conducted. 620.2 Timber Trespass In all cases of alleged timber trespass on the Douglas County Forest, the County will pursue no less than double and no greater than triple the market value of the timber plus damages from the responsible parties. During the investigation, the County Corporation Counsel shall be asked to provide direction or other assistance in resolving the matter. If deemed necessary by the County, the District Attorney shall be asked to prosecute the violator(s). Upon the advice of legal counsel, the County may negotiate a mutually agreed upon damage payment with the party that illegally cut or cut and removed the timber. 625 ENCROACHMENTS The DCFD will actively investigate all suspected encroachments on the County Forest. To insure the integrity and continuity of the County forest land, all alleged violations will be addressed and in a consistent manner. The following procedures will be used in investigations of suspected encroachments: All pertinent facts in the case will be gathered. The County will establish property boundaries; if necessary, a legal survey will be conducted. Final disposition of the case is the responsibility of the FPRC following consultation with the Director of Forestry and Natural Resources, County legal counsel, and the WDNR. All aboveground encroachments that are movable will be removed from County property. Permanent facilities, such as homes, garages, and septic systems shall be addressed individually and will preferably be removed from County property. Alternately they may be addressed by a land-use agreement (see Appendix N-I). The sale or transfer of the encroachment should remain an option depending on the circumstances involved and the viability of an adverse possession claim 893.29 Wis. Stats.). Provisions in the land-use agreement, may include granting permission to encroach on the County forest lands with the following stipulations: 1. No other encroachments will be allowed. 2. The permit is nontransferable. 3. The County must be notified once the encroachment is terminated. 600 - 9 ---PAGE BREAK--- COMPREHENSIVE LAND-USE PLAN 2006-2020 600 - 10 4. The County retains full ownership and control of the property. 5. The permittee waives any rights to future declaration of ownership or interest in the encroached property. 6. The County may cancel the permit at any time. 7. The permit must be filed with the DCFD. 8. All fees related to the land-use permit shall be paid by the permittee. 9. The permit will preferably have a longevity expiration date by which the encroachment shall have been removed. If an encroachment occurs on the Douglas County Forest, the County will pursue damage collection including but not limited to legal fees, the cost of the legal survey, administrative costs, all other reasonable costs incurred to verify the encroachment, and/or civil damages.