Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER NR 45 USE OF DEPARTMENT PROPERTIES
Date:
08/31/2009
Document:
NR 45.075 Natural emergencies
(1) The chief state forester may declare, and shall manage, emergencies that threaten forested lands owned by the state and under the jurisdiction of the department. When declaring and responding to an emergency, the chief state forester shall consider the purpose of and management plan for the affected property in his or her decisions. Emergencies include unforeseen damage or threat of damage to trees from various causes including:
(a) Fire.
(b) Invasive species including insects, plants, animals and disease-causing organisms.
(c) Pest infestation.
(d) Disease.
(e) Vertebrates.
(f) Extreme weather including:
1. Wind or tornados.
2. Snow, hail, or ice.
3. Flooding.
4. Drought.
5. Lightning.
6. Freeze or heat injury.
(g) Deliberate or accidental damage by human activity.
(2) The declaration of a forest health emergency by the chief state forester, including findings of fact supporting it, shall become effective upon the publication of the declaration in the official state newspaper. As soon after the effective date as is feasible and reasonable, the department shall publish the order in one newspaper in the area affected which is likely to give notice to residents in that area, file copies of the emergency declaration within one week of its effective date with clerks of all counties affected by the declaration and take other steps as it deems necessary to convey effective notice to persons who are likely to have an interest in the declaration. The same procedure shall be followed to cancel or modify the declaration or any part thereof. This rule does not apply to a state of emergency declared by the governor under s. 323.10, Stats., and does not supersede the authority of the department of agriculture, trade and consumer protection under ch. 94, Stats.
(3) In this section:
(a) "Disease" includes any disturbance of a plant that interferes with its normal structure or function.
(b) "Pest" includes any living stage of insects, mites, nematodes, slugs, snails or other invertebrate animals injurious to plants, plant products, animals and humans; any bacteria, fungi, other parasitic plants or their reproductive parts, viruses, mycoplasma, protozoans or infectious substances which cause disease in or damage to plants or plant products; and any host upon which a plant pest is dependent for the completion of all or a portion of its life cycle.
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