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DOUGLAS COUNTY FOREST COMPREHENSIVE LAND-USE PLAN 2006-2020 CHAPTER 400 Forest Ownership Section Page 400 County Forest Blocking 405 Forest Blocking 410 Land Acquisition 410.1 Methods of 410.2 415 Entry of Land into County Forest 415.1 Time of 420 Withdrawal of Lands from County Forest Law 420.1 Withdrawal Procedure 420.2 Withdrawal of County-Owned Lands Outside the Blocking Boundary 425 Land 425.1 Legal 425.2 Location of Lines by Other than Legal 425.3 Survey Monument 400 - 1 400 - 1 400 - 1 400 - 1 400 - 2 400 - 2 400 - 2 400 - 2 400 - 3 400 - 7 400 - 7 400 - 7 400 - 7 400 - 7 ---PAGE BREAK--- CHAPTER 400 FOREST OWNERSHIP 400 COUNTY FOREST BLOCKING OBJECTIVES Provide for the most efficient administration of the Douglas County Forest by consolidating and blocking lands within established Forest boundaries through purchase or trade as provided in s. 28.11 Wis. Stats. (see Appendix A-I for full text), and to enter lands so acquired as County Forest, pursuant to s. 28.11 Wis. Stats. Provide additional public benefits through the acquisition of unique or special areas that will be entered under s. 28.11 Wis. Stats. special-use classification. Facilitate adequate land control on the County Forest by establishing and perpetuating survey corners. 405 FOREST BLOCKING BOUNDARIES The County Forest blocking boundaries are established by the FPRC and by subsequent approval of the County Board of Supervisors and the WDNR. Changing blocking boundaries will require a plan amendment (see Section 305.3). A map of the official boundaries is included in Appendix O- II. 410 LAND ACQUISITION Attractive lands within or outside the County Forest blocking boundaries or areas possessing special or unique values shall be recommended to the FPRC for acquisition as they become available. All land acquisitions must have the final approval of the County Board of Supervisors. Determining a parcel’s value to the County shall be made by the FPRC in concert with the Director of Forestry and Natural Resources. The FPRC also will determine whether or not to enter newly acquired lands under the Wisconsin County Forest Law (WCFL). Lands acquired using State grants or loans require entry under the WCFL. Entry of land acquired through other means will be determined on a case-by-case basis. The FPRC also may direct the Director of Forestry and Natural Resources to acquire partial interests in desirable land, e.g., conservation easements. 410.1 Methods of Acquisition Acquisition may be by outright purchase or trade, based on competent appraisal of the value or values involved, or by gift, bequest, or action to foreclose tax liens. The Director of Forestry and Natural Resources will be the agent of the FPRC in making first contact with potential sellers and in pursuing acquisition activities. However, options for purchase, e.g., restrictions, easements, and reservations, must be approved by the FPRC and the County Board of Supervisors. ---PAGE BREAK--- COMPREHENSIVE LAND-USE PLAN 2006-2020 410.2 Financing Financing of land acquisition for inclusion in the Douglas County Forest, including special-use lands, will be from the County Land Acquisition Fund. The proceeds from the sale of any County forest lands will be deposited in the nonlapsing, carryover (reserve) Land Acquisition Fund and be available for any future purchases of forest land. If funds are not available in the Land Acquisition Fund, advanced budgeting will be sought. State Forestry Aid Loans described in Section 215.2.1(1) also may be used for acquisition of lands to be entered as County Forest, as will project loans described in Section 215.2.1(2) Application for project loans must comply with NR 47.60 Wis. Adm. Code. 415 ENTRY OF LAND INTO COUNTY FOREST LAW Lands to be entered under the regular classification of the County Forest Law must be suitable for forestry purposes. Lands designated for classification as County Forest-Special Use need not be contained within the County Forest boundary nor suitable or used for forestry purposes, but they must be suitable for scenic, outdoor recreation, public hunting and fishing, water conservation, or other multiple-use purposes. 415.1 Time of Entry Application for entry of newly acquired lands under the County Forest Law will be made as soon as possible and will be prepared with the assistance of the WDNR Liaison Forester. The Director of Forestry and Natural Resources will secure the signatures of the appropriate County officials, and the County Clerk will verify County ownership and transmit the application to the WDNR’s County Forest Specialist at, Box 7921, Madison, WI 53707-7921. 420 WITHDRAWAL OF LANDS FROM COUNTY FOREST LAW Lands within the Douglas County Forest blocking boundary usually will not be considered for withdrawal from the County Forest Law. Requests for land trades by the private sector will be considered by the FPRC only when such trades would provide significant benefits to the County. Applications for the purchase of these lands by the private sector will be strongly discouraged by the FPRC. If the FPRC and County Board of Supervisors believe that the land will be put to a better and higher use and will benefit all County and State residents to a greater extent, the withdrawal procedure outlined in Section 420.1 will be used for both land sales and trades. The legal means by which Douglas County may apply for withdrawal of lands from County Forest status is provided by s. 28.11(11)(a) Wis. Stats. Initially, the Director of Forestry and Natural Resources notifies the WDNR Liaison Forester at the FPRC meeting at which the proposed withdrawal will be considered. WDNR personnel, the Director of Forestry and Natural Resources, DCFD staff, and the FPRC member will discuss the proposed withdrawal and, if approved, the 400 - 2 ---PAGE BREAK--- CHAPTER 400: FOREST OWNERSHIP withdrawal will be recommended by the FPRC by resolution to the County Board of Supervisors. If approved by the latter by a two-thirds majority, the application is prepared by the County and submitted to the appropriate WDNR Regional Forester or his or her designee. The WDNR may seek additional information from the County and will then coordinate assurance of a public notice and proceed with any required environmental studies. Pending the results of the environmental studies and other investigatory hearings that might be deemed necessary, the WDNR will approve on the withdrawal application. The proceeds of any such land sale will be deposited in the nonlapsing, carryover Douglas County Land Acquisition Fund for the purpose of funding future County Forest-Special Use land purchases as outlined in Section 410 of this Plan. Should the application be denied by the WDNR or an Administrative Law Judge, the County may appeal as stipulated in s. 28.11 (11)(a) Wis. Stats. Additional information on the withdrawal process is outlined in s. 420.1, NR 48, Wis. Adm. Code, and the Public Lands Handbook. 420.1 Withdrawal Procedure Taken from the Public Lands Handbook which states: The purpose of this procedure is to provide general information in formulating and processing applications for withdrawal of County Forest lands under s. 28.11 Wis. Stats. and NR 48 Wis. Adm. Code. The legal means by which counties may apply for withdrawal of lands from County Forests is provided by section 28.11 (11)(a) Wis. Stats. This section states in part: “The County Board shall first refer the resolution to the Forest, Parks, and Recreation Committee which shall consult with an authorized representative of the department in formulating its withdrawal proposal.” Section 28.11 (11)(a) Wis. Stats. also states: “The County Board shall not take final action thereon until 90 days after such referral or until the report thereon of the Forest, Parks, and Recreation Committee has been filed with the Board.” Consequently, if the County Board takes final action on a withdrawal application without referring it to the Forest, Parks, and Recreation Committee, the application is not valid. On the other hand, if the Forest, Parks, and Recreation Committee does not report to the County Board within 90 days after receipt of the referral, the Board may act upon the application without a Committee recommendation. The Regional Forestry Leader is designated as the authorized representative of the Wisconsin DNR who shall consult with the Forest, Parks, and Recreation Committee in formulating withdrawal proposals. Regional forestry leaders may appoint designees to represent them if circumstances warrant. All DNR communications concerning withdrawal of county forestlands shall be coordinated through the Regional Forestry Leader. The final decision for requests for withdrawal presently rests with the DNR’s Division of Forestry. 400 - 3 ---PAGE BREAK--- COMPREHENSIVE LAND-USE PLAN 2006-2020 Director of Forestry and Natural Resources: Notifies the DNR Liaison Forester to the county forest of the date and place of the Forest, Parks, and Recreation Committee meeting, at which time the proposed withdrawal will be considered for formulation of a withdrawal application. Such notice shall include pertinent details of the withdrawal proposal including legal description of the lands involved and purpose of the withdrawal. The Liaison Forester shall review ch..NR 48 with the Director of Forestry and Natural Resources to ensure all the required information is identified for the application. NOTE: In the event a withdrawal exchange is involved, it is very important that the county postpones final financial negotiations with the owner of the land involved in the exchange until the Department has established the minimum values of the land as required in s. 28.11(11)(a). To protect the county interest, the necessary preliminary negotiations should also be made conditional upon approval of the withdrawal by both the county board and DNR as provided by statutes. Local DNR Liaison Forester: Advises their supervisor and regional forestry leader immediately of the proposed withdrawal and committee meeting date. DNR Regional Forestry Leader (or designee): Takes action necessary to be acquainted with the proposal. Consults with the County Forest Specialist, Division of Forestry concerning the proposed withdrawal. Attends Forest, Parks, and Recreation Committee meeting and consults with the Committee on proposed withdrawal. Douglas County Forest, Parks, and Recreation Committee: A Committee meeting is held to evaluate the proposal and to consult with DNR regional forestry leader or designee, either: Undertakes further study of the proposal; or Rejects applicant’s request for withdrawal, or Prepares resolution for county board action recommending approval or disapproval of application. 400 - 4 ---PAGE BREAK--- CHAPTER 400: FOREST OWNERSHIP County Board of Supervisors: Upon receipt of the recommendation of the Forest, Parks, and Recreation Committee, or 90 days after referral to the Committee, whichever is first, acts on resolution to approve, disapprove or modify the withdrawal application, or refer it back to the Forest, Parks, and Recreation Committee for further study. If approval for withdrawal given by two-thirds vote of membership, authorizes and directs the county clerk and the Director of Forestry and Natural Resources to prepare and submit the County Forest Withdrawal Application (Form 2453-3) for withdrawal to appropriate DNR regional forestry leader. DNR Regional Forestry Leader (or designee): Upon receipt of county forest withdrawal application (Form 2453-3), acknowledges receipt of the application to the county clerk with copies to the DNR Liaison Forester to the Forest, Parks, and Recreation Committee, Director of Forestry and Natural Resources, the Liaison Forester’s supervisor and Division of Forestry. Requests additional information from the county as necessary to provide adequate detail for DNR processing of the application. This request must be sent to the county within 60 days as identified in NR 48.03(2). (10) Consults with County Forest Specialist regarding specifics of the proposal. (11) Directs DNR Liaison Forester to the Forest, Parks, and Recreation Committee to contact the regional environmental impact coordinator to determine if an environmental assessment (EA) or environmental impact statement (EIS) is required under M.C. 1606.1 or if an Environmental Impact Report should be requested from the county. If required, prepares environmental documents. If an EIS is required, notifies the Bureau of Integrated Science Services, Environmental Analysis and Liaison Section, to proceed in accordance with M.C. 1610.1. (12) Coordinates public notice and certifies environmental proposal is in compliance with Wisconsin Environmental Policy Act (WEPA) (13) Transmits one copy of county application, approved EA/EIS, if required, and the regional recommendation to Division of Forestry. Division of Forestry: (14) Coordinates with Bureau of Legal Services for scheduling of public hearing(s), if requested in writing by the county or if determined by the DNR to be necessary or if required as part of the WEPA procedure. (15) Coordinates with the Bureau of Integrated Science Services the preparation of an EIS if required. 400 - 5 ---PAGE BREAK--- COMPREHENSIVE LAND-USE PLAN 2006-2020 If the County requests a hearing on the withdrawal application (must be a written request), the hearing is considered a “Contested Case Hearing” as defined in s. 227.01 Wis. Stats.: (16) The Hearing procedures and format are as directed by subch. III, ch. 227 Wis. Stats., and NR 2 Wis. Adm. Code. An Administrative Law Judge will be appointed, and upon completion of the hearing, the Administrative Law Judge normally makes and issues a decision approving or rejecting the withdrawal application. If the DNR decides to conduct an “Investigatory Hearing” on the withdrawal application, the hearing is not considered a “Contested Case Hearing” as defined in s. 227.01 Wis. Stats.: The Hearing procedures and format is less formal and is normally facilitated by a DNR employee. Following the hearing(s), or if neither agency requests a hearing on the withdrawal application, the following procedure applies: DNR Regional Forestry Leader (or designee): (17) Prepares a “DRAFT” decision including Findings of Fact, Conclusions of Law and Order and Notification of Appeal Rights and sends draft to the County Forest Specialist. The draft shall, at the minimum, cover the items identified in s. NR 48.04. Note: This draft is NOT a public record. It may not be released to the public upon request. Division of Forestry: (18) Reviews and modifies draft documents as necessary. Upon completion of DNR investigation of the withdrawal application, prepares a final draft decision including Findings of Fact, Conclusions of Law and Order and Notification of Appeal Rights, for the Administrator, Division of Forestry. Note: This draft is NOT a public record. It may not be released to the public upon request. Administrator, Division of Forestry: (19) Issues the final decision on the withdrawal application. If a withdrawal decision is appealed to the review committee by a county pursuant to s. 28.11 (11)(a) Wis. Stats.: Division of Forestry: (20) Keeps the Division Administrator’s and Secretary’s office informed of all developments in the appeal process. 400 - 6 ---PAGE BREAK--- CHAPTER 400: FOREST OWNERSHIP 420.2 Withdrawal of County-Owned Lands Outside the Blocking Boundary County-owned lands outside the Forest blocking boundaries usually will not be considered for withdrawal from the County Forest Law. If considered, lands may be sold or exchanged as part of the effort to consolidate ownership within the boundary. The County may retain certain rights to these lands in accordance with County policy upon transfer of ownership. If sold, the proceeds of such a land sale will be deposited in the nonlapsing, carryover Land Acquisition Fund for the purpose of funding future County Forest-Special Use land purchases as outlined in Section 410. 425 LAND SURVEYING Survey-corner monumentation is important in avoiding problems related to trespass both by and against the County, facilitating the settlement of trespass cases, and aiding in the proper transfer of property. 425.1 Legal Surveying Of prime importance are the forest boundaries and property lines in common with other owners. All such legal surveying shall be under the supervision of a registered surveyor. When the office of the Douglas County Surveyor is not staffed, the FPRC will comply with the provisions of Chapter 59, Wisconsin Statutes, by hiring registered surveyors to perform the necessary location of property lines. Section corners, one-quarter corners, and 40 corners (1/16 corners) will be reestablished where needed and Certified Land Corner Restoration forms filled out in duplicate under the direction of the registered land surveyor. Survey work and common line establishment needs generated by adjacent ownership(s) is the responsibility of those adjacent ownership(s). The DCFD will establish common lines for County management purposes and County trespass investigations only. DCFD staff and equipment will not be used to locate lines for adjacent ownership(s) needs. 425.2 Location of Lines by Other than Legal Survey DCFD personnel who are not registered surveyors may establish lines for County management purposes, including those necessary for ordinary activities such as timber sales and road/trail locations using GPS technology, GIS application, aerial imagery, quadrangles, County Surveyor's records, and known corner locations. In the absence of known corners, lines abutting other ownership may be established as best possible by the County. The County will inform adjacent ownership(s) of planned management activities and attempt to establish a mutual line agreement to avert trespass claims. 425.3 Survey Monument Preservation Preservation of survey landmarks, monuments and corner posts are essential to the management of 400 - 7 ---PAGE BREAK--- COMPREHENSIVE LAND-USE PLAN 2006-2020 400 - 8 the Douglas County Forest. All DCFD personnel with land-management responsibilities are directed to: Make a reasonable search for the corner monumentation and other survey evidence prior to implementing soil-moving or cover type-manipulation projects, including timber sales, that could result in covering, destruction, or removal of such evidence. In the event such evidence is found: If practical, redesign the project so that the evidence will not be disturbed, or If destruction is unavoidable, notify the County Surveyor at least 30 days prior to destruction, providing the legal description of the monument and the reason for destruction or other obliteration. If the County Surveyor does not re-reference the evidence within 30 days, the project supervisor will determine whether the evidence has future value to the State. If it does have value, the project supervisor will arrange for a re-reference by a registered surveyor or engineer. If reasonable search fails to uncover additional referenced survey evidence in the suspected vicinity, contact the County Surveyor as appropriate. To further reduce the possibility of inadvertent destruction of invaluable survey evidence: Each DCFD employee with land-management responsibilities will include adequate protective clauses in easements, rights-of-way, timber sale contracts, and other agreements that might result in the destruction of monuments. DCFD personnel who coordinate with landowners regarding forestry or other land- management practices directly adjacent to County land should alert such owners to possible monument destruction that may result. Instances of potential or accomplished obliteration of survey monumentation discovered in the course of field operations should be brought to the attention of the Douglas County Surveyor.