Country Acres: A Guide to Buying and Managing Rural Property

Country AcresG3309

A Guide to Buying and Managing Rural Property

Lowell KlessigMike Kroenke

The purpose of this publication is to inform,not to advise. Your decisions or legal actionsshould be based on advice from an attorneyor expert familiar with the specific factsrelating to your property.

Preface . . . . . . . . . . . . . . . . . . iii

Chapter 1Rural life and customs . . . . . . . . . 1

Residential preferences . . . . . . . 2

Privacy. . . . . . . . . . . . . . . . . 2

Reciprocity . . . . . . . . . . . . . . 2

Civic involvement . . . . . . . . . . 2

Absentee landownership . . . . . . 2

Chapter 2Land: Understanding the physical resource . . . . . . . . . 3

Soils . . . . . . . . . . . . . . . . . . 3

Geology . . . . . . . . . . . . . . . . 4

Vegetation . . . . . . . . . . . . . . 5

Wetlands . . . . . . . . . . . . . . . 5

Surface and groundwater . . . . . . 6

Chapter 3Land: Understandinglegal descriptions. . . . . . . . . . . . 7

Township and range . . . . . . . . . 7

Section . . . . . . . . . . . . . . . . 7

Subsection . . . . . . . . . . . . . . 7

Metes and bounds . . . . . . . . . . 8

Plats . . . . . . . . . . . . . . . . . . 8

Abstract . . . . . . . . . . . . . . . . 8

Chapter 4Purchasing property rights . . . . . . 9

Mineral rights. . . . . . . . . . . . . 9

Restrictive covenants . . . . . . . . 10

Easements . . . . . . . . . . . . . . 10

Access . . . . . . . . . . . . . . . . 10

Plat book . . . . . . . . . . . . . . 10

Option-to-purchase . . . . . . . . 11

Offer-to-purchase. . . . . . . . . . 11

The closing statement . . . . . . . 11

Tenancy . . . . . . . . . . . . . . . 11

Warranty deed/mortgage . . . . . 12

Land contract . . . . . . . . . . . . 12

Quit claim deed . . . . . . . . . . . 12

Recording property rights/real estate transfer fee . . . . . 12

Land buyer’s checklist . . . . . . . 12

Chapter 5Zoning and public controls of land use . . . . . . . . . . . . . . . 13

Subdivision regulations . . . . . . 13

Sanitary codes . . . . . . . . . . . 13

General zoning . . . . . . . . . . . 14

Shoreland zoning . . . . . . . . . . 15

Floodplain zoning . . . . . . . . . 15

Shoreland alteration permit . . . . 15

Building permits . . . . . . . . . . 15

Eminent domain . . . . . . . . . . 15

Chapter 6Town government . . . . . . . . . . 16

Structure. . . . . . . . . . . . . . . 16

Services . . . . . . . . . . . . . . . 16

Chapter 7Why manage rural property? . . . . 18

Stewardship and more . . . . . . . 18

Natural beauty . . . . . . . . . . . 19

Outdoor recreation . . . . . . . . . 20

Wildlife enhancement . . . . . . . 20

Energy efficiency . . . . . . . . . . 21

Economic return . . . . . . . . . . 22

Chapter 8Private woodland management . . 25

Aspen and white birch . . . . . . . 26

Oak and hickory. . . . . . . . . . . 27

Maple and other northern hardwoods . . . . . . . . . . . . 28

Pine and other evergreens . . . . . 29

Other species . . . . . . . . . . . . 30

Chapter 9Wetlands and ponds . . . . . . . . . 31

Value of wetlands . . . . . . . . . . 31

Types of wetlands. . . . . . . . . . 31

Wetland management . . . . . . . 32

Wetland preservation . . . . . . . 33

Purple loosestrife . . . . . . . . . . 33

Ponds . . . . . . . . . . . . . . . . 33

Contents

i

Chapter 10Prairies, grasslands and hedgerows . . . . . . . . . . . . 34

Prairie . . . . . . . . . . . . . . . . 34

Permanent grasslands . . . . . . . 35

Hedgerows . . . . . . . . . . . . . 35

Chapter 11Small farm management . . . . . . 36

Types of small farmers . . . . . . . 36

Limited acreage crops . . . . . . . 37

Livestock. . . . . . . . . . . . . . . 38

General management . . . . . . . 38

Chapter 12Private wells . . . . . . . . . . . . . . 39

Hydrologic cycle . . . . . . . . . . 39

Groundwater quantity . . . . . . . 39

Groundwater quality . . . . . . . . 40

Testing . . . . . . . . . . . . . . . . 40

Well location and depth . . . . . . 40

Chapter 13Private waste disposal . . . . . . . . 41

Sewage . . . . . . . . . . . . . . . 41

Solid waste . . . . . . . . . . . . . 42

Hazardous wastes. . . . . . . . . . 43

Chapter 14Legal relationships with neighbors . . . . . . . . . . . . 44

Access . . . . . . . . . . . . . . . . 44

Fence law . . . . . . . . . . . . . . 44

Noxious weeds . . . . . . . . . . . 45

Straying animals . . . . . . . . . . 45

Noxious noises, odors or chemicals . . . . . . . . . . . 45

Adverse possession. . . . . . . . . 45

Chapter 15Trespass and liability . . . . . . . . . 46

Trespass to land. . . . . . . . . . . 46

Liability . . . . . . . . . . . . . . . 47

Timber trespass and theft . . . . . 47

Forest fire and forest pest control . 47

Chapter 16Selling and leasing rural property. 48

Mineral leases . . . . . . . . . . . . 48

Surface-use leases . . . . . . . . . 48

Life estates . . . . . . . . . . . . . 48

Easements . . . . . . . . . . . . . . 49

Restrictive covenants . . . . . . . . 49

Gifts and bequests . . . . . . . . . 49

Leaving your mark . . . . . . . . . 49

For more information . . . . . . . . 50

County Cooperative Extension . . 50

Wisconsin Department of Natural Resources . . . . . . 50

Private non-profit organizations. . 50

Land buyer’s checklist . . . . . . . 51

ii

PrefaceThis publication is written for you if youown or plan to buy:

■ a few acres for a country residence,

■ a farmette,

■ a back-forty of woods,

■ a hunting tract, or

■ a lot on a lake.

It is not intended to encourage or discour-age people from buying rural land ormoving to the country. Today’s rural com-munities—which had been decliningalong with the number of farms—arebeing reinvigorated by new “settlers.” Ruralcommunities need new people to supportlocal businesses and new leaders to serveon town boards and school boards.

On the other hand, non-farm rural resi-dents sometimes take valuable agriculturalsoils out of food or fiber production,demand hard-to-provide governmentservices or object to the farming orforestry practices of their neighbors.

The authors believe the United States legalframework should never have allowedrural land to be subdivided below quarterquarter sections (40 acres) or governmentlots. We believe that our communitieswould be more sustainable if we main-tained the countryside for agriculture,forestry, natural beauty, wildlife and recre-ation. However, Americans long agorejected that model of land use—themodel that most of the rest of the worldfollows. As a society, we assumed that wewould never run out of land. We knowbetter now, but the pattern is set and willbe very difficult to change.

We hope this publication will help youdecide if you want the responsibilities andrewards of owning country property. Andwe hope it will help those who alreadyown such property to understand morefully the options they have for managingtheir land.

Lowell Klessig and Mike Kroenke, 1999

iii

Some folks feel that rural life is part ofour history but not part of ourpresent—that we now live in anurban society. Certain distinctions

between rural and urban life have fadedwith modern communication and trans-portation systems. However, other distinc-tions remain to provide a rich choice oflifestyles.

In the past 30 years, population move-ments have defied the long-standingtrend of people moving from the countryto cities. During the 1970s, the UnitedStates reversed the trend of urbanizationas more people moved out of urban areasthan moved into them. The 1980s wit-nessed a modest return to populationmovements that favored large metropoli-tan areas. But, overall, the experience ofthe 1970s–1990s suggests that the UnitedStates may well have reached equilibriumin the balance of rural and urban popula-tions movements. In recent decades theconstant has been a declining farm popu-lation and a marked increase in urbansprawl—urbanites moving into the ruralareas around cities.

In Wisconsin, the pace of developmentwas sluggish in the 1980s but in the 1990shas been so brisk that many citizens andofficials are concerned about the subur-banization of the rural landscape. The newrural settlers tend to be retirees or familieswith young children. Younger adults con-tinue to move to urban centers for educa-tion and jobs, while people late in theircareers are least likely to move.

At the same time that the rural areasincreased their growth rates, the numberof farms and the size of farm families con-tinued to decline. About two-thirds ofWisconsinites live in cities and one-thirdlive in small towns and the countryside.Families living on farms are a minority ofrural families and becoming more so(figure 1). In 1990, only 4 percent lived onfarms. The rural non-farm population isgrowing dramatically.

However, the distinctive characteristics ofrural life that attract the new settlersremain largely agrarian, defined by openspaces and traditional values.

1C H A P T E R 1 Rural life and customs

Chapter 1

Rural life and customs

URBAN47%

farm35%

non-farm18%

RURAL53%

1920

URBAN54%

farm27%

non-farm19%

RURAL46%

1940

URBAN64%

farm14%

non-farm22%

RURAL36%

1960

URBAN64%

farm6%

non-farm30%

RURAL36%

1980

Figure 1. Wisconsin population shifts, 1920–1980.

Residential preferencesPeople think big cities offer higher wages,better jobs, contact with a wider variety ofpeople and more opportunity for cultureand recreation than rural areas. Manypeople believe that rural areas have alower cost of living, are better for children,have cleaner air and water and less crimethan cities.

In 1948, two-thirds of Americans indicateda residential preference for a small city,town or rural area over a big city. A genera-tion later, the same preference wasevident. However, the preference was con-tingent on being within easy driving dis-tance of a city. Not surprisingly, manypeople would like to have both the bene-fits of rural living and the amenities of anearby urban center.

PrivacyUrban dwellers often take measures toprotect themselves from a daily flood ofpotential contacts such as solicitors orpeople promoting particular causes. Ruralresidents traditionally have welcomedsocial contact because they had so little.That tradition continues, even thoughmost rural residents have ample opportu-nity for socializing.

Although the physical distance is greater,social distance is often less in rural areas.People know their neighbors for milesaround and often know a great deal abouteach other’s lives.

ReciprocityPart of knowing a lot about your neigh-bors is knowing when they need help. Itmay mean giving them a ride when theircar won’t start, pulling them out of theditch, or cooking a meal for them whenthey are ill. In return, you can feel comfort-able asking to borrow equipment, or usethe phone late at night.

If you are uneasy with someone knowingabout your personal life, please rememberthat your neighbors will be better able towatch your property while you are gone ifthey know your routines and recognizevisitors.

Civic involvementWith smaller populations, rural communi-ties must apply more social pressure to get“volunteers” to run for local governmentoffices and lead community organizations.

Major community events—volunteerfiremen’s picnic, July 4th parade, countyfair—require involvement by most areafamilies. Such involvement helps maintainand build a sense of community. It feelsgood to belong and participate in localdemocracy. It does, however, mean sacrific-ing more personal time for commitmentto the community.

Absentee landownershipWhile many families have migrated to thecountry, others have taken only the firststep. They have purchased rural propertyand perhaps maintain a second home.Absentee landowners are commonthroughout the state. In parts of northernWisconsin, they constitute the majority ofrural landowners. For instance, in VilasCounty, 66% of the rural parcels are ownedby people who live elsewhere. Non-resi-dent recreational homeowners in BurnettCounty report using their property anaverage of eight days per month.

Communities with many seasonal resi-dents often experience social divisions.The locals, who survive the winter on mar-ginal incomes, may resent the influx of“summer people” who relax while localfolks work long hours. Non-residents mayresent the high property taxes they pay forschools their children do not attend andthe lack of response from local officialswhom they cannot vote out of office. Localresidents need to appreciate the economicand cultural benefits tourists and second-home owners provide. Visitors andsummer people need to appreciate thatlocal residents support the communitythroughout the year.

2 C O U N T R Y A C R E S : A guide to buying and managing rural property

City subdivisions are cleared, drained,leveled and provided with streetsand utilities. The natural characteris-tics of the site usually do not con-

strain landowner options. In contrast,topography, soils, drainage patterns andthe type of vegetation do constrain theuse of rural property. Understanding thephysical capability of land is the basis forall subsequent decisions regardingcountry property.

SoilsSoil is more than dirt. It teems with organ-isms, germinating seeds and plant roots. Itprovides the nutrients for plant growth,holds moisture plants need and providesan anchor from which plants can reach forthe sun’s energy. And after a plant oranimal has completed its life cycle, soilorganisms recycle the nutrients, whichthen feed future generations of plants.Most soil organisms live and work near theground surface. Over many years, organicmatter from decaying vegetation mixeswith soil minerals and rock particles toform rich topsoil (figure 2). However, thisthin layer can be easily eroded away.

The subsoil contains organic matter, alu-minum and iron that have leached downfrom the soil surface to mix with weath-ered rock or glacial deposits. Some sub-soils have little capability to hold moisture;plants growing on these soils suffer fromlack of water during extended dry periods.Other subsoils are poorly drained and maybe too wet for certain agricultural crops orfor residential development.

The parent material underlying the subsoilcontains relatively few soil organisms andis generally not involved in plant growth,but is important for construction of high-ways and buildings.

The ability of soil to hold moisturedepends on the amount of organic matterand the size of the soil particles. The small-est particles are called clays; they holdwater well, but also promote runoffbecause water does not soak into clay soils

3C H A P T E R 2 Land: Understanding the physical resource

Land: Understanding the physical resource

Chapter 2

topsoil

subsoil

parentmaterial

_1 foot

_2 foot

_3 foot

_4 foot

_5 foot

_6 foot

Figure 2. Most soils are made up of contrast-ing layers soil scientists call horizons.

rapidly. Silts are not as fine as clays and donot hold water as well, but they allowwater to soak in more easily than clays.Sands are the coarsest soils. Water filtersthrough sand particles very rapidly.

Soil scientists use the percentage of clay,silt, sand and humus (organic matter) andother information to classify soils.Scientists recognize more than 500 kindsof soils in Wisconsin. Figure 3 shows themajor soil regions in Wisconsin. There aremany soil types within each region,depending on glacial activity, the pasthistory of vegetation, slope and drainage.A single 40-acre parcel may containseveral different soil types. In general,loams—with equal amounts of sand, siltand clay—are the most fertile and sandsare the easiest on which to build.

A soil survey provides detailed informationon the soil’s type, expected productivityand limitations for various uses. Forexample, about half the soils in Wisconsinare not suitable for conventional septicsystems. Others are very prone to erosion.Soil surveys are available from the U.S.Natural Resource Conservation Service orcounty land conservation department in

your local courthouse or county officebuilding. You can also find copies inschools or public libraries. Every prospec-tive landowner should consult someonefamiliar with soil surveys before buying apiece of land.

GeologyIn some areas of Wisconsin, the bedrock iscovered by little, if any, soil. In other places,the glaciers left hundreds of feet of glacialtill (mixtures of rocks, gravel and sand)covering the bedrock.

The type of bedrock depends on its age.The older igneous (Precambrian) rocks,such as granite, are crystalline rocks oftendeformed by heat and pressure. You cansee outcroppings of these erosion-resist-ant rocks in many northern counties.Younger, flat sedimentary rocks—such assandstone, limestone and dolomite—underlie southern, eastern and northwest-ern Wisconsin. You can occasionally seethem at the surface or in road cuts.

Bedrock conditions may affect the wayyou can use land. Bedrock close to thesurface may preclude agriculture and con-ventional septic systems. In addition, old

crystalline rocks yield little water for ruralwells. Porous sedimentary rocks andglacial deposits generally provide anabundant groundwater supply.

The glaciers are primarily responsible forthe beauty of Wisconsin’s hills and lakes. Asthe glaciers melted, they left hills (eskers,drumlins, moraines) and lakes (kettles). Themost recent glaciers missed southwesternWisconsin; geologists call it a “driftlessarea” because it lacks glacial depositsknown as drift. Because glaciers didn’tlevel that area, erosion has produced asteep topography of hills and valleys.

A topographic map is useful to appreciatethe slope of your land and to explore thesurrounding area. A few dollars spent for acompass and a topographic map can leadto many hours of enjoyment as you buildconfidence in finding your way across thelandscape. Topographic maps are availablefrom the Wisconsin Geological and NaturalHistory Survey in Madison and at somesporting goods stores.


sands

sandy loams

loams and silt loams

pink loams & red clay

red clay

granite, basalt, quartzite

dolomite, limestone

sandstone

Figure 3. Major soil regions of Wisconsin. Figure 4. Major geologic provinces of Wisconsin.

VegetationAnyone who seriously observes a parcel ofland and the creatures that inhabit it willreach the same conclusion:“Everything isrelated to everything else.”This interde-pendence is the first law of ecology. Thus,an expert can predict the type of plantsthat will grow on a parcel by knowing thesoils and climate. If you don’t have a soilsurvey handy, you can predict the type ofsoil by looking at the plants that growthere naturally.

Jack pine and scrub oak grow on sandysoils. These poor, droughty soils cannotsupport other trees and very few shrubsgrow in the understory beneath the trees.Dense stands of hardwood trees with athick understory indicate rich soils withsome clay or silt. White cedar or tamarackindicate wet soils. Tamarack and blackspruce often indicate sour or acidic soil.

Logging and farming have substantiallyaltered the original vegetation. Of the 36million acres in the state, about half arecurrently farmed. The percentage farmedhas been declining for several generations.The remainder is primarily second andthird growth woodlands which replacedmany of the original pine and hardwoodforests. Aspen, which became verycommon after logging and farms wereabandoned, is declining as forest succes-sion proceeds to other species.

WetlandsWhen settlers arrived in Wisconsin, muchof the state was wetland because glaciersleft many undrained or poorly draineddepressions. A rich variety of vegetationand wildlife flourished in these areas. Mostwetlands in southern Wisconsin weredrained for agriculture or urban develop-ment. The Wisconsin Department ofNatural Resources (DNR) in cooperationwith county and town officials hasmapped and classified wetlands largerthan 5 acres. You can order the maps fromthe Wisconsin Geological and NaturalHistory Survey in Madison, or reviewcopies at the county planning and zoningoffice.

Historically, many people have viewed wet-lands as wastelands or swamps; in recentyears, people increasingly appreciate theseareas for their natural beauty, wildlifehabitat and other ecological functions.

5C H A P T E R 2 Land: Understanding the physical resource

Surface and groundwaterLake frontage attracts more rural propertybuyers than any other type of land. Riverfrontage is also gaining in popularity.People who own frontage on a navigablelake or stream are called riparians. Theyhave special rights to use the water, butthey also have special responsibilities notto pollute the water, which belongs to thepublic.

Landowners can experience problemswhen excess rainfall causes flooding or arise in the groundwater level. Precipitationrates in Wisconsin vary dramatically fromseason to season and year to year, averag-ing about 30 inches per year.

A landowner or land buyer should under-stand the normal fluctuations of bothsurface water and groundwater. Floodplainmaps are available for some streams. A lakeproperty owner who builds a cottage orhome during a wet year may require anextra 100 feet of pier to reach the water ina dry year. A homeowner who builds in adry year may discover that the basementhas become a big well when the ground-water table rises in response to heavy rains.

Some lakes are notorious for wide fluctua-tions in water levels. Homes built duringdry periods have literally had fish swim-ming on the patio when the rainsreturned. Certain trees give an indicationof how high the water rises. Usually it issafe to build a lakeside home under amature red oak. The presence of fast-growing trees, like aspen or white birch,means only that the water has not beenhigh recently. The presence of willow orother wetland trees is a definite warningthat high water levels are likely to return.

Shorelands and floodplains are mappedand zoned. Consult your county codeadministrator and county conservationistbefore buying or building in areas nearwater, wetlands or drainage ways.


Government survey teams precededmost settlers into the NorthAmerican wilderness. Sometimes onhorseback, sometimes on foot, the

survey teams followed the explorers,traders, and trappers, leading the loggersand settlers into the wilderness. The sur-veyors used the English system of landdescription—still the basis for landdescription today.

Township and rangeThe original survey divided the state into agrid at six-mile intervals. Each cell in thegrid is identified by a township (T) numberwhich signifies the distance north of theIllinois border. The 6-by-6-mile townshipcell is also identified by a range (R)number, indicating how far east or west itis of the Fourth Principal Meridian (anorth-south line from about Dubuque toHurley). A township identified as T20N,R10E is located 120 (20 x 6) miles north ofthe Illinois border and 60 (10 x 6) mileseast of the Fourth Principal Meridian line.

Not all townships are perfect squares withsix miles on a side. Periodically, the survey-ors had to correct for the earth’s curvature.Human error also modified the grid’s sym-metry. Regardless of initial errors, all subse-quent surveying is based on the originalgovernment survey.

Note that township refers to a geographicpiece of land. The political unit that gener-ally corresponds to the same territory iscalled a town. The elected governing bodyis called the town board as described inChapter 6.

SectionEach township is divided into 36 squarescalled sections. Each section contains 640acres and measures 1 mile by 1 mile. Thesections are numbered from 1 to 36 start-ing in the northeast corner and followingacross and down as shown in figure 5.

SubsectionWesterners typically measure land in termsof sections. In Wisconsin, rural land isbought and sold in smaller blocks, inpartial sections. The most common unit ofmeasurement is 40 acres or one-quarter ofone-quarter of a section. Larger blocks canbe described such as a half section (320acres), a quarter section (160 acres) or halfof a quarter section (80 acres).

7C H A P T E R 3 Land: Understanding legal descriptions

Chapter 3

Land: Understandinglegal descriptions

6

7

18

19

30

31

5

8

17

20

29

32

4

9

16

21

28

33

3

10

15

22

27

34

2

11

14

23

26

35

1

12

13

24

25

36

6 miles

6 m

iles

Figure 5. Numbering sequence of sections in a township.

A quarter quarter section can be dividedinto smaller subsections such as half of aquarter quarter (20 acres), a quarter of aquarter quarter (10 acres), half of a quarterquarter quarter (5 acres), or even a quarterof a quarter quarter quarter (21⁄2 acres).

The 10 acres in Parcel A in the samplesection of figure 6 would be described asthe southwest one-quarter of the north-east one-quarter of the northwest one-quarter, or abbreviated as SW 1⁄4, NE 1⁄4,NW 1⁄4. The full legal description for ParcelB is “South one-half of southeast one-quarter of northeast one-quarter of north-west one-quarter, Section 31, T20N, R10E;Waushara County, Wisconsin, five acresmore or less.”

Parcels along a lake or large river could notbe described as square blocks and wereoriginally designated as government lotsand identified by number. Odd parcelscreated by surveying errors along a town-ship boundary were also sometimes calledgovernment lots. Because of the irregularnature of shorelines, government lots maycome in any shape. As a result, lakeshoreproperty owners usually do not havesquare-cornered property, while farmersusually do have the potential for square orrectangular fields.

Metes and boundsParcels that do not conform to easy sub-sectioning are described from a knownpoint. That reference point is typically asection corner or quarter corner. A metesand bounds description establishes abeginning point in reference to such aknown point and then proceeds aroundthe boundaries of the parcel by givingdirection and distance until the descrip-tion returns to the beginning point.

A simple description for Parcel C, thesquare piece of land outlined in dots infigure 6, reads:

“A parcel of land in Section 31, T20N, R10E,Waushara County, Wisconsin, more particu-larly described as follows: Commencing1000 feet north of the southwest corneralong the west section line of said section,thence east 640 feet, thence north 640feet, thence west 640 feet, thence south640 feet along the west section line to thepoint of the beginning.”

Descriptions become more complicated ifthe boundaries run at angles or curve. Aprofessional surveyor should be hired tomeasure and describe such boundaries.Many counties require that creation of anysmall lot and all irregular parcels be doneprofessionally with a certified survey.

Modern surveyors use feet as the standardmeasure of distance. However, earlier sur-veyors used links (0.66 feet), rods (16.5feet), chains (66 feet) and furlongs (660feet) instead of feet. Many property histo-ries will contain a mix of old and new unitsof measurement.

PlatsThe creation of several small lots requires aformal platting process. The processinvolves detailed surveying, numbering ofeach lot and approval by state and localauthorities. After a plat is approved andrecorded with the county register ofdeeds, it becomes the reference for futureland transactions.

AbstractAn abstract is the legal history of a pieceof property. The history usually beginswith a patent conveying title from theUnited States government to a railroad,lumber company, land broker or home-steader. The chronology indicates all sub-sequent transfers of legal rights and subdi-visions of the property.

The county register of deeds or landdescription office is responsible for main-taining a duplicate set of documents inthe courthouse for official reference.


east quarter corner

west quarter corner

NW cornernorth

quarter corner NE corner

C

BA

SW corner SE cornersouth

quarter corner

Figure 6. Sample Section 31, Township 20 North, Range 10 East.

Property ownership can be thought ofas owning a bundle of rights. It ispossible to buy only part of thebundle. It is also possible to sell part

of the bundle while retaining the otherrights.

Mineral rightsThe right to extract minerals from underthe land surface has often been severedfrom the right to use the land surface.Therefore, many owners of surface rightsdo not own the mineral rights to theirproperty.

The issue of mineral rights has becomeimportant in northern Wisconsin wheregeologists have discovered copper andzinc deposits, and continue to explore forother metals as well as oil and natural gas.In other cases, the issue could arise overgravel deposits.

In the past, the owner of mineral rights didnot need to record ownership and did notpay property taxes. Thus, the propertyabstract provided no guarantee that themineral rights had not been severed fromthe surface rights. A 1983 law requires thatowners of mineral rights who do not ownsurface rights must have used theirmineral rights within the last 20 years by:

■ mining activity,

■ recording of a conveyance ofmineral rights,

■ recording any other transactionregarding mineral rights,

■ paying property taxes on the minerals, or

■ recording a special statement ofclaim under the 1983 law.

If the owner of mineral rights has not“used” those rights by any of the actionslisted above, the surface owner may claimthe “lapsed” interest and reunite thesurface rights and mineral rights.

Restrictive covenantsA landowner may choose to restrict thefuture use of the property. Restrictions canlimit residential development or specificuses, such as tree clearing, but cannotrestrict the sale or property use based onan individual’s race, creed, sex or color.Restrictions generally apply for no morethan 30 years unless renewal provisionsare made.

Restrictions can be enforced only bysomeone with an interest in the property,such as a seller who retains nearby prop-erty, neighboring landowners with similarrestrictions on their deeds, or an associa-tion of such landowners. Local govern-ments do not typically enforce privatecovenants.

9C H A P T E R 4 Purchasing property rights

Chapter 4

Purchasing property rights

EasementsAn easement permits a very specificlimited use of a property such as con-structing a power line, burying a naturalgas pipeline or constructing a driveway toother property.

In other cases, the buyer of an easementwants the property owner to agree not toexercise certain rights. An example of anegative easement is a solar easement,which prevents a property owner fromconstructing a tall building that wouldblock the sun. Highway departments havepurchased scenic easements to preventlandowners from erecting billboards orunsightly structures. Units of governmenthave also purchased development rightsfrom farmers and woodlot owners to keepthem from converting open space intocommercial or residential uses. Croppingrights can be purchased to prevent cultiva-tion of highly erodible land.

Easements are usually irrevocable and aretransferred to subsequent buyers. Theytypically relate to the neighboring (appur-tenant) land and “run with the land” of theeasement purchaser. Whoever owns theproperty automatically has the easementrights relative to the neighboring prop-erty. In contrast, a license or lease is ashort-term, contractual purchase of theright to use a parcel for a specific purpose.

AccessA common type of easement is an appur-tenant easement to provide access to alandlocked parcel. Owners of landlockedproperty are not guaranteed access totheir property unless the seller of theproperty subdivided the parcel from alarger parcel which had road access.

Access to landlocked parcels is generallynegotiated with the neighboring propertyowner whose land borders the publicroad. Landlocked owners may purchase astrip of land to the road or may purchasean easement to cross a strip of the neigh-bor’s property. Such an easement is typi-cally negotiated to run with the land andguarantee access for all future owners.

If a neighbor does not voluntarily agree tosuch a purchase, the owner of the land-locked parcel may petition the town boardto condemn access across the property.After a hearing, the town board maycondemn an access 33 to 50 feet wide. Thetown board may build a road to the prop-erty, but is not obligated to condemn theland for either a private driveway or apublic road.

Plat bookA land buyer needs three essential docu-ments when searching for rural property: asoil survey, a topographic map, and a platbook. The plat book shows who owns theland in each township in a county. Platbooks are available in the county court-house from the county Extension office,register of deeds, land description office orcounty clerk. The plat book shows theshape and size of each ownership overabout five acres. Roads, streams and lakesare also shown, but location may not beexact.

At home, you can investigate a parcelavailable for purchase with a plat book, soilsurvey and topographic map. You caneliminate most properties from considera-tion without investing the time and travelnecessary for a site visit. Once you decideto consider a given parcel seriously, a sitevisit is essential. An aerial photo is espe-cially helpful in studying property thatcontains a mix of open and wooded land.Aerial photos are available in the court-house from the Farm Services Agency orNatural Resources Conservation Service.Both are local offices of the U.S.Department of Agriculture.


Option-to-purchaseUnder an option-to-purchase contract, aseller agrees not to sell the property toanyone else during the term of the option,and agrees to sell the property to theoption holder at a set price if the optionholder exercises the option-to-purchase.The buyer of the option pays the seller acash price for the privilege of waiting todecide if he or she wants to buy the prop-erty. Cautious buyers use the optiondevice to hold property until they arecertain they want to purchase it.

The typical term for an option-to-purchaseis six months to a year. If a buyer exercisesthe option,the price of the option isusually credited to the property’s purchaseprice. If the buyer doesn’t exercise theoption, the seller can keep the optionpayment and put the parcel back on themarket.

Offer-to-purchaseWhile parties to a land transfer can legallydraw up their own purchase agreements,most attorneys and real estate brokers usestandard forms approved by the WisconsinDepartment of Regulation and Licensing(Real Estate Bureau).

A seller who does not accept an offermight modify the price or other conditionsof the offer and return a counter-offer tothe prospective buyer. This negotiationprocess can continue by mail or in personuntil agreement is reached or one partystops responding. The final agreementshould always be made in writing with alldetails clearly spelled out.

The closing statementClosing is the formal transfer of propertyrights in exchange for money. It usuallytakes place at the office of an attorney, areal estate broker or a financial institution.

A closing statement documents the pay-ments made to date and adjustments forproperty taxes due, insurance premiumspaid, fuel in storage and recording andtransfer fees. An attorney or broker usuallyprepares the closing statement, which theseller and buyer must sign.

TenancyBefore the closing can be completed, thebuyer or buyers must decide how theproperty will be held. One or several indi-viduals, a partnership or a corporation canown a property. The question of tenancyarises when several individuals will own aproperty.

Property owned by two or more people asjoint tenants is automatically transferredto the surviving tenants if one tenant dies.Married couples are typically joint tenantsof their homes, although either of themcan own property in their own names.

Tenants-in-common own undividedshares of a parcel as do joint tenants.However, the other tenants have no rightof survivorship. When a tenant dies, his orher interest in the property is conveyed tothe heirs.

11C H A P T E R 4 Purchasing property rights

Standard items in an offer-to-purchase■ Name of buyer(s) and seller(s)

■ Detailed legal description of the property

■ Total price offered (not necessarily asking price)

■ Earnest money provided with the offer

■ Additional down payment, if any, to be provided on acceptance of offer

■ Conditions that must be met before buyer is obligated to fulfill purchase con-tract (sale of buyer’s property, ability of buyer to obtain financing, positive soiltest for septic system, etc.)

■ Special items included in sale

■ Special items not included in sale

■ Division of property taxes for current year

■ Agreement on special assessments, if any, against property

■ Nature of the property conveyance (warranty deed, land contract)

■ Restrictive covenants or easements, if any

■ Provision for an abstract or title insurance

■ Date by which the seller must accept the offer or return the earnest money

■ Date and place of closing

■ Date of occupancy

■ Handling of earnest money and down payment

■ Sellers’ guarantees regarding zoning, suitability for septic system, etc.

When buying property from joint tenantsor tenants-in-common, it is essential toobtain the signature of all tenants. Whenbuying property that an owner uses forresidential purposes, both the husbandand wife must sign even if only one ofthem owns the property. The other spousehas “homestead rights” and must agree toterminate those rights with the sale.

Warranty deed/mortgageA warranty deed is used to convey prop-erty if a deal is closed with cash and nofurther relationship exists between buyerand seller. A warranty deed is also used ifthe buyer finances the purchase through abank or other financial institution. Thefinancial institution then holds a mortgageon the property. Finally, a warranty deedcan be granted by a seller who agrees topersonally accept a mortgage note fromthe buyer for the unpaid balance.

The mortgage entitles the holder to claimthe property (foreclose) if the repaymentconditions of the mortgage are not met.However, the mortgage holder must followstatutory procedures and allow a graceperiod of at least six months for the buyerto catch up on mortgage payments.

Land contractA land contract provides that a warrantydeed will be granted at a future date whenall payments have been made under thecontract’s terms. The buyer has possessionand use of the property, but does not havethe same protection under the lawsregarding foreclosure.

Land contracts have become a popularmethod of transferring rights to largerparcels of rural land, especially propertywithout improvements. Since 1980, landcontracts and short-term mortgages havebecome popular even for residential property.

Quit claim deedWhen sellers are unsure of their propertyrights, they may issue a quit claim deedtransferring their rights in the property—whatever they may be. Such deeds aresometimes used between heirs in anestate settlement, other transfers betweenrelatives or divorce settlements.

The primary purpose is to clear title for thenew owner of the land by clarifying thatother relatives acknowledge they retain nointerest in the property. Quit claim deedsare also issued by local units of govern-ment, usually counties, when they resellland they have acquired because a privateowner failed to pay property taxes.

Recording propertyrights/real estatetransfer feeYou should immediately record the pur-chase of any property right in the countywhere the land is located. The county reg-ister of deeds will charge a small fee torecord easements, options-to-purchase,land contracts, restrictive covenants anddeeds. Using standard forms facilitatesrecording and reduces the chance of legalflaws.

The seller of land is required to pay theState of Wisconsin $3 for each $1000received for the property.The buyer typi-cally pays the register of deeds whenrecording the warranty deed.The buyershould have received credit for thispayment on the closing statement, becausethe payment is the seller’s obligation.

Land buyer’s checklistIf you are considering purchasing rural

property, you can use the checklist onpages 51 and 52 to evaluate propertiesthat you are considering.


Government bodies have the authorityto control the use of land for thepurpose of promoting the publichealth, safety and welfare. A govern-

mental body can purchase some or allproperty rights from a landowner; more-over it can enact regulations to controlland use without any compensation toaffected property owners. If the regula-tions do not allow the owner reasonableuse of the property, courts may declare theregulations to be unconstitutionalbecause, in effect, they “take” propertywithout compensation.

Subdivision regulationsIf a landowner creates five or more parcelsin a period of five years and the parcels are1.5 acres or less in size, Wisconsin lawrequires a formal platting process. A regis-tered surveyor must prepare a plat. A certi-fied soil tester must conduct percolationtests. Proper access must be provided topublic roads. Under the provisions ofChapter 236 of the Wisconsin Statutes,several state agencies then review the plat.

Towns and counties also review plats andmay adopt regulations requiring subdivi-sions to meet certain local criteria, even ifthe subdivision contains fewer than fivelots or contains lots larger than 1.5 acres.In some counties, certified survey mapsmay be needed to create even a single lot.

Sanitary codesThe regulatory framework for installingseptic systems, holding tanks, mounds andother systems designed to handle liquidwastes is provided by the state UniformPlumbing Code.

In Wisconsin, you need a permit to install asystem. If the site is suitable for a septicsystem, the county code administrator orsanitarian issues the permit and alsoinspects the site while the system is beinginstalled.

To determine if the site is suitable for aconventional septic system, a certified soiltester makes three soil borings to checkfor permeability (percolation rates), soiltexture, evidence of high groundwater anddepth to bedrock. The tester also deter-mines slope and the potential for floodingand takes borings on a second site, whichyou can use when the original system fails.Before you buy a property, even one with aseptic system, include a positive test resultas a condition of sale and have a soil testerconduct the test prior to the closing.

13C H A P T E R 5 Zoning and other public control of land use

Zoning and other publiccontrol of land use

Chapter 5

General zoningZoning determines how land may be used,the minimum size of lots, the height ofstructures, the setbacks required from theroad and from property lines, and otherfeatures. The purpose of zoning is toprovide for an area’s orderly developmentand to minimize conflicts between incom-patible land uses. For example, a renderingplant, an asphalt plant, certain entertain-ment establishments and large-scale com-mercial facilities are generally consideredincompatible with residential uses.

Some towns adopt and administer theirown zoning ordinances. More commonly,town boards vote to be included under acounty ordinance which the county codeadministrator enforces. However, townboards may decide not to have their townsincluded in any general zoning.

Zoning should be based on a land-useplan, usually prepared by a local commit-tee of citizens appointed by the townboard. The plan defines several zoning dis-tricts. Typical zoning ordinances includeone or more residential districts withvarying minimum lot sizes, one or moreagricultural districts, a forestry district, acommercial district, an industrial districtand a conservancy district.

A zoning ordinance permits certain landuses in each district. Additional uses, calledspecial exceptions or conditional uses,are permitted if specific proposals areapproved. Zoning agencies may putspecial conditions on such uses.

Uses in existence when a county or localboard adopts an ordinance are “grandfa-thered” even if they are not permitted inthat zoning district. Such non-conforminguses are allowed to continue, but generallycannot be expanded and, if discontinuedfor a year, cannot resume.

Most rural zoning ordinances have anexclusive agriculture district. The purposeof this district is to preserve good agricul-tural soils for farming and to minimizeconflict with other uses. Residential devel-opment is not permitted in this zoneunless the residence is a farm-related resi-dence, a farm family member uses thefarm residence, or the lot was createdbefore the property was rezoned into anexclusive agriculture district. To compen-sate for restrictions on residential develop-ment, farmers are eligible for a tax creditapplied against their state income tax.


75 feet

road

100 feetminimum

water frontage

minimum setbackbetween buildings and the lake

Figure 7. Minimum standards for waterfront lots.

Shoreland zoningShoreland zoning is designed to protectthe public interest in water quality. Itapplies to all land within 1000 feet of alake, 300 feet of a navigable stream and tothe landward side of a floodplain. By law,each county must adopt and enforce anordinance that meets state standards. Theordinance applies to all rural land.

Typical provisions require a minimum of100 feet of water frontage per lot, a build-ing setback of 75 feet from the water’sedge (figure 7), and a septic system drainfield setback of 50 feet from the water. Thestate standards also regulate clear cuttingtrees, land grading and filling and dredg-ing at the water’s edge.

Floodplain zoningState standards require counties to pre-serve open space within the flood way—the area needed to discharge movingflood waters. Counties may permit build-ing in areas of standing backwater (floodway fringe), but such buildings require anelevated base or other protection. Such anordinance is required for eligibility forfederal flood insurance.

Shoreland alteration permitWisconsin has strong laws to protect waterquality because the state has a constitu-tional responsibility (as laid out in thePublic Trust Doctrine) to protect thepublic interest in navigable waterways.Any stream that has a defined bed andbanks and can float a canoe sometimeduring the year is considered navigable.

A state permit is required to fill, dredge orotherwise alter the shoreline or thebottom of a lake or stream. Permits arealso required to:

■ construct ponds connected tonatural waterways or within 500feet of navigable water (except foragricultural uses);

■ change the depth or straighten achannel;

■ build a bridge over a stream;

■ place sand blankets on beaches;

■ build dams, riprap shoreline; or

■ grade more than 10,000 square feetof the bank.

To alter a wetland, you need state andfederal permits. If you are thinking aboutaltering a waterway or wetland, contact aDNR office and ask how you can reach thenearest DNR water management specialist.

Building permitsTo construct or substantially renovate per-manent structures, you must get a localpermit, pay a fee and post the permit atthe building site.

Eminent domainTo construct highways, obtain utility ease-ments, obtain access to waterways andcarry out other public projects, some gov-ernment bodies have the authority tocondemn private property. The agencymust pay fair market value for the prop-erty. The process is subject to judicialreview.

15C H A P T E R 5 Zoning and other public control of land use

In Wisconsin and most other Easternstates, a town is the political subdivi-sion that states create to provide gov-ernment services in rural areas. The

Wisconsin Constitution, patterned afterNew York’s, directed the state legislature toestablish one system of town government,as nearly uniform as possible. (A townshipis a geographic unit used to describe thelocation of property—see Chapter 3).

StructureThe legislature carried out its mandate toestablish a system of town governmentthrough Chapter 60 of the WisconsinStatutes. Town government retains muchof the direct participatory democracy sym-bolized by the New England townmeeting. It also contains elements of rep-resentative government typical of largergovernment units.

Annual meeting: Each spring, the resi-dents of a town can directly influence thebudget and policy of their town govern-ment by voting on issues raised at theannual meeting. Special meetings can becalled at other times of the year.

Town board: The town board must carryout the decisions of annual or specialmeetings. The board also has substantialdiscretion to deal with certain issues in theabsence of budgetary policy voted on bythe residents.

The town board is composed of a chair-person and two to four side-boardmembers. All town board members areelected for two-year terms at the springgeneral election of odd-numbered years.Each town elects a town treasurer and atown clerk. Some towns also elect anassessor and a constable.

ServicesRoads: In the 1850s, the principal roleassigned to towns was developing andmaintaining a transportation network tomove farm products to market. Town gov-ernments still spend more money onroads than on all other services combined.The revenue needed for town roads comesfrom the state gasoline tax and local taxes.Although snow plowing and road mainte-nance are the biggest budget items fortown government, town road mainte-nance and snow plowing schedules maynot meet urban standards because of thedistances involved.

Elections: Town clerks are responsible forall government elections and the townhall is usually the polling place.


Town government

Chapter 6

Tax collection: Town assessors or a privatefirm hired by the town determine theequalized market value for each propertyin a town. Town treasurers can collectproperty taxes, not only for operatingtown governments, but also for school dis-tricts, county governments, vocationalschools and any special purpose units,such as sanitary or lake districts. Theschool district tax is usually the largest tax.In other jurisdictions, the county treasurercollects all property taxes.

Police, fire and ambulance: Towns mayprovide protection and emergency serv-ices. The small populations of most towns,however, make it inefficient to maintainfacilities or personnel for these purposes.The county sheriff ’s department usuallyprovides police protection. Towns typicallycooperate with nearby villages or cities toprovide fire protection. Ambulance servicemay be provided privately, by the county,or by a nearby city.

Miscellaneous powers: Towns are author-ized to provide other public works andpublic safety services such as sanitary land-fills and highway lighting. In general, townsclose to urban areas provide more servicesthan remote towns. Towns near cities have,historically, been the most active in landuse planning because urban sprawl hascaused major conflicts and major newdemands for government services.

17C H A P T E R 6 Town government

If land is part of a business operation,profitability is the most obvious reasonto manage rural property. Poor man-agement means less profits, an operat-

ing loss or even economic disaster.

However, management is crucial even ifthe property is not part of a business oper-ation. Achieving non-economic goals, suchas enhancing natural beauty, ecologicaldiversity and wildlife also requires man-agement. Management is essential tomeeting long-term goals where economicand non-economic considerations tend toblend, such as in soil conservation.

Business consultants recommend man-agement by objectives, a fancy term todescribe a simple principle. Managementby objectives simply means that youclearly define what you want to achieve,then devise a strategy to meet the objec-tives and later evaluate how well you havesucceeded.

For many rural property owners, familyincome doesn’t depend on the productsproduced on the property and the resultsof management are not immediatelyobvious. Such owners often don’t definetheir objectives and outline a strategy tomeet them. The following discussion isdesigned to encourage just such a processand explain why it is valuable.

Stewardship and moreWhether or not you are interested in aneconomic return from the land, you mayfeel a strong obligation to care for theproperty you have the privilege of owning.Your land-use decisions may be motivated,or at least constrained, by a sense ofrespect for the land and for the rights offuture generations. History provides manyexamples of the fate of civilizations thatfailed to manage their natural resources,especially their soil. Preventing soil erosionought to be the first obligation of everylandowner.

Recorded history provides countlessexamples of the bond that developsbetween a tribe, a community or a nationand the land on which it lives. Rural prop-erty owners know that such a bond alsodevelops between an individual and thelittle tract of personal land that nourisheshopes and cushions failures in other areasof their lives. Land can be an importantpart of the emotional security of individu-als, communities and nations.


Why manage rural property?

Chapter 7

Wisconsin author Aldo Leopold, in hisclassic A Sand County Almanac wentbeyond the values of good, long-termresponsible management. He believedthat the land would have to be included inour concept of community before wewould treat it ethically. His “land ethic” issummarized in this quote:

“We abuse land because we regard it asa commodity belonging to us. When wesee land as a community to which webelong, we may begin to use it with loveand respect.”

Natural beautyRepeated studies since 1970 have revealedthat the primary motivation for owninglakeshore property in northern Wisconsinwas the property’s natural beauty.Enjoyment of the visual environment out-ranked outdoor recreation, the second placemotivation, by a wide margin (figure 8).

However, careless actions by the verypeople who build homes near the water toenjoy the natural beauty can degradelakes and streams. The following actionstend to preserve both water quality andnatural beauty for riparian homeowners:

■ Set buildings and septic drain fieldsback from the water.

■ Minimize the area cleared of naturalvegetation, especially at the water’sedge.

■ Lay out curved paths to the wateralong the contour to reduce erosionand visual impact.

■ Minimize use of fertilizers and pesticides

■ Use earth-tone colors for buildings,boathouses and docks.

Other rural property owners also valuenatural beauty. In a 1984 study, Wisconsinforest landowners indicated that scenicenjoyment and wildlife habitat were themost common reasons for owning ruralland (figure 9). Numerous smaller andmore recent surveys have confirmed thedominant value that rural property ownersplace on landscape aesthetics.

If you share such objectives, you may wantto participate in local land-use planning inorder to protect the general visual quali-ties of an area. You may also want to planttrees or shrubs to screen less attractiveareas of your own or a neighbor’s prop-erty. Vegetative barriers also reduce noisepollution from highways or other intenselyused areas.

You can site your new home to use exist-ing vegetation, vistas and natural land for-mations to best aesthetic advantage.Building a house or other building on thecrest of a hill destroys natural beauty; itinterrupts the landscape’s natural flow. Ahouse nestled into the landscape justbelow the crest provides the same view onthe front side, is aesthetically more pleas-ing and also requires less energy to heat.

You can also enhance natural beauty byselectively harvesting trees. Leave a diver-sity of tree sizes, shapes and species, mixedwith scattered open areas. If you know thetiming and coloration of each speciesduring spring flowering, leafout andautumn foliage, you can literally paint thelandscape you see from your living roomwindow by careful thinning and plantingof native species.

19C H A P T E R 7 Why manage rural property?

outdoorrecreation

22%

others16%

solitude & beauty

62%69

0 10 20 30 40 50 60 70 80

percent of owners

wildlife habitatscenic enjoyment

part of landfarm/domestic use

non-motorized recreationprevent development

timber productionpart of farminvestment

motorized recreationother

48

44

35

30

22

7

7

35

18

74

Figure 9. Important reasons for owning woodland.

Figure 8. Reason for purchaseof`lakefront property.

Outdoor recreationRural property owners have many oppor-tunities for outdoor recreation. Waterfrontowners can swim, water ski, boat and fish.Many property owners hunt mushroomsor game, pick berries, photograph wildscenes, enjoy birds and wildlife, cross-country ski or simply hike across theirproperty. Whatever outdoor activitiesinterest you and your family, you canmanage your property to enhance thoserecreational opportunities.

For example, people who like native mush-rooms can keep some old and dying treesso they can collect mushrooms that growon rotting roots. Those culturing oystermushrooms should manage for a continu-ous supply of mature aspen or birch. If youwant to produce shiitake mushrooms forhome use or sale, you need a supply ofpole-size oak logs. Be sure you are familiarwith mushroomidentity andsafety beforeeating wild mushrooms.

Even berry pickers will eventually give uptheir fun and food unless they managepart of the property for this purpose. Thetype of plants growing on a site naturallychanges over time. Berries tend to grow indisturbed areas that have been cultivated,logged or burned within the last 20 years.They grow at the forest edge, but seldomin the forest itself. Blueberries like acidicand infertile, sandy soils without trees.Raspberries and blackberries grow in openareas that were disturbed some years ago.Pioneer trees, such as oak, red pine, aspen,and birch, usually invade open areas.However, these trees can’t reproduce intheir own shade; shade tolerant trees suchas white pine and maple eventuallyreplace them. The process is called plantsuccession. Unless natural disasters orplanned management interrupts theprocess, the berry picker will face slimpickings in the future.

Wildlife enhancementFor most people, wildlife is an integral partof natural beauty and outdoor recreation.Observing wildlife is often the most mem-orable part of an outdoor experience.Seventy-four percent of Wisconsin wood-land owners report wildlife habitat as animportant reason for owning their property.

All land-use decisions affect wildlife. Large,consolidated agricultural fields, pesticides,wetland drainage and large pine planta-tions diminish wildlife habitat. But you canminimize changes in wildlife habitat whenyou build a home, raise crops or harvesttrees. You can also take positive steps toincrease wildlife numbers and diversity. Ofcourse, you may want to discouragecertain wild animals that damage build-ings, crops or trees. Excessive deer are aproblem in many parts of the country;beyond eating crops and gardens they areeliminating some tree species and manyforbs from the native plant communities.They are also costly in terms of auto acci-dents, insurance rates and the anxiety theycause nighttime drivers.

Wildlife need cover, food and water forsuitable habitat. By protecting or provid-ing these essentials, you can enhancewildlife numbers. Conversely, you may beable to reduce nuisance populations ofcertain wildlife species by removing one ormore of their habitat requirements.

Some landowners want species richness—as many kinds of wildlife as possible. Theymanage their property to provide a widevariety of habitats such as different agesand species of trees, open grassland,shrubs, hedgerows, wetlands and shore-land. Tree spacing may even be important.For instance, oaks do not produce acornsunless they have enough space to developa large crown.

Other landowners want a particular kindof wildlife. They manage for featuredspecies. Such owners learn the needs ofthat species and manage their property tofavor a particular animal.


Property can be managed to favor gamespecies such as grouse, deer, or squirrel,endangered species or other personalfavorite wildlife.

In general, wildlife benefit when severalhabitat types occur near each other.Habitat patches in the landscape create abeneficial edge effect where animals canquickly move between areas providingcover, food and water. Other species needlarge uninterrupted tracts of forest or wet-lands or connecting corridors linkingpieces of habitatthat can only beprovided on largeacreages of publicland.

The box on page22 provides aguide to theneeds of severalwild animals. Youcan find specifichabitat require-ments for otherspecies in publica-tions availablethrough DNR orUniversityExtension. You canget personaladvice fromUniversity Extension wildlife specialists orDNR wildlife managers.

Some landowners manage part of theirproperty for a featured species and encour-age species richness on the rest of theirproperty. Other landowners want exoticspecies such as pheasants that are notnative to Wisconsin. Several exotic species,such as starlings, have taken over the habi-tats of desirable native species. In mostcases, exotic species require an unnaturalamount of care, almost like domesticanimals. Wildlife managers consistently rec-ommend that landowners encouragespecies that are native and thereforeadapted to Wisconsin’s environment.

Before deciding on the type of wildlife toencourage, you need to understand thespecies’ needs and the ability of your prop-erty to meet them. For example, woodcockneed rich wet soils for earthworms andbrush for cover. A dry, sandy woodlot willnot attract woodcock. However, if that dry,sandy woodlot has aspen of various ages,it should attract ruffed grouse. Every prop-erty can be managed to enhance itsnatural capabilities, but each has limits tothe species it can produce.

EnergyefficiencyBuildings protectedfrom the north andwest winter windsare easier to heat.Locate new build-ings so that hills ortrees providenatural windbreaks.The energy effi-ciency of existingbuildings can beenhanced withplantings of spruce,pine or otherconifers.

Trees also can keepa building cool in

summer. Not only do they shield housesfrom the sun, but trees actually cool airnear them through the process of evapo-transpiration. Deciduous trees on thesoutheast and southwest corners of ahouse shade it during summer but let thesun shine in south windows during winterwhen leaves are down.

Many rural residents burn wood to heathomes. After declining during the 1950sand 1960s the use of wood for residentialheating increased dramatically during the1970s as oil prices soared. In 1981, home-owners burned six times more wood forheating than in 1967. Unfortunately, theimproper installation of woodburners hascontributed to an increase in house firesand insurance costs. Woodburning dimin-ished in the 1990s but would likelyrebound if fuel prices rose.


Ten Commandmentsof wildlife protectorsI. Understand the land and the

capabilities thereof.

II. Understand the habits of the wildones and their needs through theseasons.

Ill. Sing the praises of species largeand small, edible or not.

IV. Sew a landscape quilt withpatches of different types of veg-etation.

V. Favor the food producers: the oldgood oak, the wild apple, thebudding aspen.

VI. Add a little water if the journey istoo far.

VII. Save the hedgerow.

VIII. Restrain thine domestic animalsfrom trespassing in the homes ofthe wild and free ones.

IX. Protect the wolf tree, for from itsden rich furbearers emerge.

X. Honor the old snag, for in its deadhulk live many of God’s creations.

A well-managed 10- to 15-acre deciduouswoodlot, especially young oak stands, cankeep a family in fuel wood indefinitely.Landowners with larger woodlots cancombine fuelwood production with pulpand timber production. Poor quality hard-woods and treetops make excellent fire-wood.

Landowners without hardwood stands butwith unused open land might plant somefast-growing hybrid poplar, a special aspenvariety that can be cut for fuel in 15 to 20years.

Economic returnRural property usually does not return asmuch income as other investment options.Thus, economic return is usually not theprimary reason for owning rural land.However, many landowners could enhancetheir long-term economic return from theproperty through proper management. Aforest managed using sustainable prac-tices can increase the net return from thesale of forest products and provide a per-petual income at periodic intervals.

A few landowners with large woodedtracts can support their families on theincome from the forest products or by pro-ducing specialty products or offeringunique rural services. But for mostlandowners, the income from their forest isonly supplementary.

Real estateinvestment:Contrary topopular belief,land values havenot always goneup. Rural landvalues were highin 1916 and thendropped foralmost 20 years.They slowlyrecovered from1936 to 1962when the realvalue of U.S. farm-land returned to1916 levels. Ruralland appreciatedrapidly in the1960s, very rapidly in the 1970s, declineddramatically in the 1980s and reboundedin the 1990s.

In addition to unpredictable resale value,owning land has tax implications, espe-cially for the annual property tax bill.Forest landowners might pay taxes for 40years before any of their trees are ready toharvest. In the 1920s and 1930s manylandowners could not afford to pay the

taxes, and the land eventually becamepublic forests through tax delinquency.

To encourage good management onprivate lands, Wisconsin has provided taxdeferral systems. The Forest Crop Law, theoriginal law for parcels of 40 acres orlarger, and the Woodland Tax Law forparcels between 10 and 39 acres, werecombined in 1985 legislation called theManaged Forest Law. Under a ManagedForest Law contract, the state pays most ofthe local property tax until owners harvesttimber. Then landowners repay the state 5percent of the stumpage value.

The other tax implications relate to capitalgains treatment of timber harvested,expense deductions and time of sale.Income from a harvest of timber canqualify for capital gains tax treatment.

Generally youcannot deductcapital costs in fullin the year in whichthey are incurred.How much may bededucted in anyone year and whatthe deduction iscalled depends onthe nature of theasset.

For example, equip-ment is usuallydepreciatedaccording to fixedschedules, but out-standing invest-ments in somecapital assets are

recovered through amortization or deple-tion. Losses that result from fire, floods,storms or vandalism may be at least par-tially deductible; consult a tax advisor ifyou’ve had a substantial loss. The sale ofreal estate can be timed to take advantageof lower tax rates when the propertyowner has less income from other sources.Any tax on the appreciated property valueis deferred until that time.


General habitat needs of selectWisconsin wildlifeBald eagle: large acreage, large snag

trees (nesting sites), open water

Barred owl: den trees, meadow mice

Cliff swallow: open water, steep banks

Gray squirrels: den trees, oak woods

Mourning dove: mix of fields andwoods

Pileated woodpecker: snag trees withrotting wood

Raccoon: large den trees

Red squirrel: pine nuts, den trees

Redwinged blackbird: wetlands

Ruffed grouse: aspen (of various ages),meadow insects

Whitetail deer: young forests or farmland

Wild turkey: extensive oak forests,open land

Woodduck: den trees, open water

Remember that federal and state tax lawsmay have changed since this publicationwas written. Consult a tax advisor for up-to-date interpretations of current tax law.

Cost-sharing and assistance programs:In addition to tax deferral programs, otherpublic policies are designed to encouragelandowners to practice good forestry andwildlife management. The Wisconsin DNRsupplies low-costseedlings and shrubsand provides certaintypes of assistance tolandowners.

When funds are avail-able to the U.S.Department ofAgriculture, local officesof the Farm ServicesAgency provide costsharing for manage-ment plans, tree plant-ing and timber standimprovement. Trees arealso available tolandowners who enrollin the ConservationReserve Program—afederal effort to take highly erodible landout of agricultural production.

Sale of wood products: In Wisconsin, thelargest use of wood is for pulp to makepaper products. Residential and commer-cial heating used almost as much wood asthe pulp and paper industry in the 1980sbut declined in the 1990s. In recent years,the value per cord of firewood and pulp-wood has been similar. Saw logs andveneer logs are significantly more valu-able, with some species such as walnutbringing as much as several thousanddollars per tree.

In contrast, firewood or pulpwood maybring less than $1 per tree if sold to alogger as it stands on the stump. Whenselling standing timber it is best to firstdevelop a management or stewardshipplan for your woodland. The DNR can assistyou in finding a consulting forester to helpdevelop your plan.You can get a sample

contract from the Wisconsin WoodlandOwners’ Association at the address listed atthe end of this publication. Private consult-ants also have model contracts and can beessential in representing your interests ifyou live far from the property or have littleexperience with timber harvests. It is notadvisable to allow a logger to “high grade”a woods; that is, cut all trees above acertain diameter.

Some landown-ers are getting apremium for theirwood productsby sellingthrough a coop-erative or byhaving their managementpractices certifiedby the forestStewardshipCouncil.

Landowners areentitled torecover their out-standing invest-ment in capital

assets such as timber without tax liabilitywhen they sell or otherwise dispose of theasset. Although many landowners will notbe familiar with the details of the proce-dure, in principle it is similar to the deduc-tions of the original cost and cost ofimprovements (basis) of a house from thesale price to determine what the taxableprofit from the sale would be.

To take full advantage of this opportunityto reduce your tax liability, you must keepgood records of your past investments intimber and any costs you may havealready recovered. If you are unfamiliarwith these requirements and procedures,consult your tax advisor or a forestry con-sultant who is knowledgeable about taxmatters.

Landowners may be able to increase theirreturn by harvesting through a processknown as TSI (Timber Stand Improve-ment). In times of high prices for oil and

gas, firewood markets are readily availablein southern and central Wisconsin. Thevalue of timber products decreases withthe distance from pulp mills, saw mills andveneer mills. Regional purchase centers forwood chips may develop. The chips can becleaned and sold to pulp mills or sold asfuel for commercial boilers.


Major features of theManaged Forest LawEligibility: Ten or more contiguousacres, of which 80 percent is capable ofproducing 20 cubic feet of timber peracre annually.

Property tax: Landowners pay $74 peracre if their land is open to public recre-ation and $1.74 per acre if land is notopen to public recreation. Rates areadjusted every five years. The next recal-culation will occur in 2002.

Public access: Landowners may closeup to 80 acres and restrict access within300 feet of any building.

Yield tax: Landowner pays state 5percent of stumpage value of timberwhen sold. (State pays $20 per acre peryear and one half of the yield tax to localtown government).

Management plan: Owner may submita plan or ask the state to draw up a planconsistent with landowner’s objectives.Grazing is prohibited.

Firewood: Firewood cut for use as fuel in owner’s dwelling is not subject to yield tax.

Contract length: For 25 or 50 years.

Early withdrawal: Penalty is imposedand it can be substantial in some cases.

Chipping allows a landowner to “low-grade” harvest—remove the low qualitytrees and thin to promote the growth ofhigh quality trees. Chipping also letslandowners use small, owner-operatedequipment and not subject woodlots toheavy equipment. Finally, if naturally pro-duced “low” quality trees can be used,there may be less need to incur the costsof site preparation, plantation plantingand herbicides.

Forest landowners are encouraged to keepgood records, consult a tax advisor andrefer to the UW–Extension publicationsIncome Tax Considerations for ForestLandowners (G3298) and Marketing Timber(G3297). Also consider the following taxguides:

Timber Tree Management for Tree FarmersW. L. Hoover, 1998, ($25 from theAmerican Forest Foundation,Suite 780, 1111 19th St., N.W.,Washington, D.C. 20036)

Forest Owners’ Guide to Federal Income Tax Agricultural Handbbok 708,($10 from U.S. Government Bookstore,Suite 120, 999 Peachtree St., N.E.,Atlanta, GA 30309)

Estate Planning for Forest Landowners#PB-94-121316($27 plus shipping from NationalTechnical Information Service,5285 Port Royal Road,Springfield, VA 22161)

Selling the rural experience: Anotherway to reduce the financial burden ofowning rural property is to share the ruralexperience—for a price. Many urbanitesrelish the opportunity to spend time in anatural environment with the nostalgic,cultural trimmings of our rural heritage.The following lists may contain an entre-preneurial option for you.

Small-scale recreation enterprises thatrequire little landowner involvementinclude land leases for:

■ hunting,

■ primitive camping,

■ hiking, skiing, nature study,

■ dog or falcon training,

■ gardening,

■ birdwatching,

■ nature photography,

■ wildflower appreciation.

Tourism-hospitality enterprises thatrequire substantial landowner involve-ment include:

■ a country bed and breakfast inn,

■ a week on the farm for city slickers,

■ a guided nature study,

■ a specialty museum,

■ a cross-country ski weekend withlodging and meals

■ a petting farm,

■ a milking safari led by dairy farmerswilling to share the joy of milking.

Check local zoning requirements andobtain appropriate liability insurancebefore starting these or similar enterprises.

Other products of the land or thelandowner: Small rural properties are con-ducive to many cottage industries. The fol-lowing list is designed to stimulate ideasfrom entrepreneurial landowners:

■ Provide lambs for adoption.

■ Raise shiitake mushrooms.

■ Make wreaths from pine cones ornatural boughs.

■ Teach creative workshops on topicssuch as log cabin building, fly tying,photography, arranging native plantbouquets or collecting maple syrup.

■ Provide tours and products fromwineries, wool spinning rooms andother local business or points ofinterest.

■ Raise bees to pollinate crops andsell the honey.

■ Develop a cut-your-own Christmastree business.

■ Deliver cut, split and packaged fire-wood to stores and campgrounds.

■ Collect, boil, can and market maple syrup.

Developing such enterprises requires amodest amount of risk capital, personalcreativity in developing products andmarkets and a sense of economic adven-ture. For additional ideas see Chapter 11,Small Farm Management.


Wisconsin’s 10 million acres ofprivate forests are under tremen-dous harvesting pressures forshort-term profit without regard

for long-term stewardship practices.Absentee land ownership and increasedfragmentation of forestland has increasedthe need for landowner education.

All forest owners need help in makingwise decisions for long term management.Each year nearly 80 percent of the privatenon-industrial forest landowners thatharvest their timber do so without profes-sional forestry assistance. Many of theseowners lose potential income and otherbenefits because they do not managetheir forest resources.

Woodlots are common to most ruralWisconsin property. Farmers often ignoretheir woodlots because they focus theirattention on agricultural crops and live-stock. In some woodlots, farmers grazelivestock, a practice that provides littlefood for livestock, while severely decreas-ing forest and wildlife productivity.Landowners who don’t farm also tend toneglect their woodlots, which requiremanagement just to retain the currentforest cover.

This chapter focuses on several commonforest types and how to establish andenhance productivity of those types. Thesesuggestions are not a substitute for profes-sional, on-site advice. DNR foresters andwildlife managers are stationed locally;university specialists and private consult-ing foresters and landscape architects arealso available. Once you have clarified yourobjectives for your woodlands, seek theassistance of professionals in developingand implementing a management plan.

To make decisions about which trees toplant, which to encourage in natural repro-duction, which to thin and which toharvest, you must be able to identify thespecies. Learning to know your trees canbe one of the most rewarding aspects ofowning a woodlot. Sharing that knowl-edge with children, grandchildren and visi-tors provides a continuing source of satis-faction.

Attendance at university workshops andparticipation in organizations such as theWisconsin Woodland Owners Associationcan enhance your enjoyment of your landand increase your management skills.

25C H A P T E R 8 Private woodland management

Chapter 8

Private woodland management

Aspen and white birchAspen and birch are pioneer species; thatis, they grow well in full sunlight but not inthe shade of older trees. Thus, they areoften the first trees to return after a majorlogging or a fire. When big fires followedthe initial logging of Wisconsin, aspen andwhite birch acreage expanded dramati-cally. And aspen are widely distributedthroughout Wisconsin.

Quaking aspen: Also known as tremblingaspen or popple, this species has fine-toothed leaves that quiver in the breeze.The bark is greenish-white to creamy-white. Quaking aspen grows on a widevariety of soils. These fast growing andshort lived trees can be harvested at40–60 years of age.

Big tooth aspen: Also known as large-tooth or yellow popple, this tree’s leaveshave coarse teeth. The bark, which isdarker than quaking aspen, ranges fromgreenish-yellow to tan. Big tooth aspengrows on better soils and attains greatersize than quaking aspen. It also liveslonger and can be appreciated for 80 yearsor more.

Aspen reproduction: Aspen regeneratesfrom root sprouts (suckers) when the soilabove the roots is exposed to sunlight. Forthis reason, aspen must be clear cut forgood regeneration. When you cut an areaof aspen and want it to regenerate, youcan leave dead trees (snags) for wildlife,but cut most other trees and all aspen.Aspen will regenerate under a thin canopyof pine or oak—often left standingbecause of their value for timber andwildlife food. Cutting aspen in the fall andwinter encourages suckering more thancutting in spring or summer.

In Wisconsin, loggers cut most aspen forpulp. An economical cut for pulp usuallyrequires 20 acres or more. However, the cutneed not be in square blocks. You mightcut half of a 40-acre parcel in an irregularpattern and cut the other half 15 yearslater (figure 10). If you harvest your ownaspen, small clearcuts of 1 to 5 acresprovide good wildlife habitat, especiallyfor grouse. Such small cuts are not eco-nomical for commercial loggers.

Aspen and hardwoods: Aspen often growwith other species. Because hardwoods aremore valuable than aspen, many landown-ers harvest aspen and leave the hard-woods—oak, maple, yellow birch—forfuture saw log production.

Clearcuts of about one acre in areas with ahigh percentage of aspen will regenerateaspen for wildlife while the rest of theforest matures to higher-grade hardwoodtimber.

Aspen and evergreens: Foresters oftenrecommend leaving pine, spruce, balsamfir and cedar when aspen are clearcut.Scattered evergreens do not significantlyinterfere with aspen regeneration.Managing woodlots this way produces asustained yield of both aspen and ever-greens. The evergreens also providenatural beauty, cover during inclementweather and diverse habitat for mostwildlife. Grouse, however, seem to preferpure aspen stands about 10-15 years old.

White birch: White or paper birch, anotherpioneer species, grows in pure stands,mixed with aspen or other species. Likeaspen, white birch is fast growing andshort lived. It does well at the edge offields and roads where seedlings havepartial shade.

If not harvested, it usually dies at the ageof about 80 years. To regenerate whitebirch, foresters recommend clear cuttingat least small areas while leaving someseed trees. White birch regenerationoccurs from stump sprouts as well as seed.

White birch is valued as firewood for aes-thetic reasons. Landowners appreciatestanding white birch, especially theclumps grown from sprouts of a stump, fortheir visual character.


Figure 10. Irregular pattern,staged aspen clear cut.

cut 2015cut 2000

Oak and hickoryOak trees grow throughout Wisconsin. Lessimportant in northern Wisconsin, oaksdominate many southern Wisconsinwoodlots. Veneer quality oak logs areprized for furniture and are in greatdemand overseas. Lower quality sawlogoaks are usedfor flooring, rail-road ties andother products.A new demandfor large saplingand small pole-size oaks hasdeveloped forshiitake mush-room produc-tion. Oaks alsomake excellentfirewood andhardwood pulp.Mature oaktrees providedens andacorns forwildlife. Youngoaks tend toretain theirleaves throughthe winter,adding interestand color to the winter landscapes.

Unfortunately, oaks don’t tolerate shadeand don’t reproduce under a dense over-story. When clearcut, oaks do not readilysprout from roots although they do sproutfrom stumps. Oaks seem to reproduce bestat the edges of existing woodlots andalong hedgerows. The shelterwood har-vesting system, described later, providesenough sunlight to regenerate oak fromstumps or acorns.

Oaks are susceptible to a disease calledoak wilt, which spreads by root grafts andbeetles. You can reduce the potential forinfection from wind-blown spores andbeetles by not harvesting or cutting oaksfrom April through September. Cutting inspring in southern and central Wisconsin isespecially risky.

Because of theirmultiple uses,because oaks aregenerally consid-ered attractivetrees andbecause repro-duction is uncer-tain, manylandownersfavor oak andcull otherspecies whenthinning hard-wood stands. Forwildlife, try tomaintain a mixof red and whiteoak to assureconsistent acornproduction.

Northern redoak: Althoughoaks rarely dom-

inate a woodlot in northern Wisconsin,northern red oak are present in manymixed stands. It is often a minor species ina forest with pine, aspen and other hard-woods. It adds aesthetic variety, especiallyin fall and winter and produces acorns thatwildlife eat. When abundant, northern redoak is very valuable for its lumber.

In central and southern Wisconsin, north-ern red oak produces valuable firewoodand logs up to 3 feet in diameter. As thefastest growing oak, it is the most impor-tant commercial hardwood. Scientists arestudying ways to improve reproductionand are evaluating the potential for mixedplantations of pine and red oak.

White oak: White oak grows more slowlythan northern red oak, which tends toovertop it. In open areas, white oak treesgrow large crowns with massive lateralbranches. Such open-growth trees havelittle value for saw logs, but punctuate thelandscape’s natural beauty. They are highlyvalued as homestead trees and may live tobe 600 years old. White oak is less valuablethan red oak for sawlog production, butthe acorns are a preferred wildlife food.

Bur oak: On good soils, bur oak respondsmuch like white oak. Bur and white oaksare more resistant to oak wilt than red oakor black oak. High-quality white and buroak were once selectively harvested forshipbuilding, furniture, flooring and tools.Because of oak’s slow growth, high qualitylogs are relatively scarce.

Scrub oaks: The northern pin oak andblack oak, also known as scrub oaks, fre-quently grow with jack pine on infertile,sandy soils. The productivity of such soils islow and the trees rarely produce sawlogs.

Hickory and walnut: Both bitternut andshagbark hictory prefer the rich soils ofsouthern Wisconsin. Bitternut hickoryextends further north, but its wood is notas prized for tool handles as shagbarkhickory. Shagbark hickory is also valued formaking skis and for edible nuts. SouthernWisconsin produces a limited number ofblack walnut logs for high-class furniture.

Like oaks, hickory and walnut trees havelong taproots that are easily injured whenthe trees are transplanted. Plant nutsinstead.


Maple and othernorthern hardwoodsWhen logging began, the northern hard-wood forest of ash, basswood, elm, mapleand yellow birch dominated the state.Following the initial logging, the area suchforests occupied declined dramatically.They have now rebounded to 5.4 millionacres.

The northern hardwood forests, especiallythose dominated by sugar maple, areclimax forests. Maple seedlings tolerateshade and can grow under a canopy oftheir parents. Forests undisturbed by fire,harvesting or pests eventually evolve fromaspen, birch and pine to northern hard-woods. Thus the acreage is increasingagain.

Sugar maple: A popular tree for its fallcolor, valuable wood and maple syrup,sugar maple is the most common memberof the northern hardwood group. It regen-erates well both from stumps and seeds.Sugar maple is prized for veneer for furni-ture and for flooring. Sugar maple lumberwith specks, called “bird’s eye” is rare andvery valuable.

As shown in table1, trees destined tobe part of a sugarbush for maplesyrup productionshould be thinnedheavily to producetapping trees witha broad crown.

Other maples: Redmaple, silver mapleand box elder growrapidly but are notas valuable for maple syrup production orsawlogs. They are used primarily for fire-wood or hardwood pulp.

Yellow birch: Yellow birch, although notnearly as common as sugar maple, ishighly valuable for veneer. Like hemlock,yellow birch needs exposed humus forsuccessful seed germination. Deer grazeyoung hemlock and yellow birch heavily,virtually eliminating reproduction of thesetrees in areas with high-density deerherds.

Elm, ash and basswood: The commercialsignificance of most of these species islimited by disease (American elm), slowgrowth (black ash) and small size (greenash). White ash and basswood logs arevaluable for specialty products.

Thinning northern hardwoods: Youngtrees undergo natural pruning and selec-tion. You may thin trees at the saplingstage (1 to 4 inches in diameter), but onlyto provide a foot or two of room betweencrowns. When trees reach polesize (4 to10inches in diameter) thin the trees andidentify the final crop trees—large trees ofdesirable species with long, straight stemsand no other defects. Remove less desir-able trees that crowd crop trees. The gapsbetween crowns should not exceed 5 feet.However, unless your family can do thethinning or this timber stand improve-ment is cost-shared by a governmentprogram, this management is not costeffective.

Table 2 shows the number of trees thatshould be left standing after each harvestthinning, beginning when the averagediameter of the canopy trees is 6 inches atbreast height.


Table 1. Maples left in sugarbush after thinning.

Average distance Average diameter Number of between trunks of

of canopy trees left canopy trees trees (inches) per acre (feet)

6 210 14

8 145 17

10 110 20

12 85 23

14 70 25

Table 2. Hardwoods left after harvest thinning.

Average distance Average diameter Number of between trunks of

of canopy trees left canopy trees trees (inches) per acre (feet)

6 350 11

8 225 14

10 170 16

12 125 19

14 100 21

Harvesting northern hardwoods:Foresters usually harvest hardwoods witha selective cut that removes many, but notall, large trees for sawlogs and removespoor-quality polesized trees for pulp orfuelwood. The harvest is repeated at about15-year intervals. Table 3 shows the rangeof trees that should remain after a selec-tive cut.

A hardwood forest is most productivewhen it contains 65 pole trees (5 to 11inches in diameter) and 55 timber sizedtrees (12 inches and up in diameter) peracre. If all sawlogs are removed by “high-grading,” growth is reduced from 150 to250 board feet per acre per year to 50 to75 board feet per acre per year. A basalarea of approximately 80 is a normal pre-scription by professional foresters whenmarking timber for a selective cut.

If maples are present, selective cuttingfavors maple reproduction to the exclu-sion of other species because maples aremore shade tolerant than other species. Ashelterwood cut promotes more speciesdiversity, but sacrifices age diversity. With ashelterwood cut, you cut up to half thetrees, allowing young trees to becomeestablished in a partially shaded cut envi-ronment. After the seedlings are estab-lished, in about 10 years, the rest of theolder trees are cut. After the second cut,the stand will have just sapling and pole-sized trees for many years. Variety andinterest can be maintained or introducedby creative mixing of the traditionalforestry practices of clear cutting, selectivecutting and shelterwood cutting.

Pine and other evergreensTraditionally, conifers have sup-plied construction lumber, pulp-wood and Christmas trees. Newtechnology has decreased thedependence on conifers andincreased the relative value ofaspen and low-grade hard-woods. However, evergreens arestill prized for wood products(except fuelwood) and fornatural beauty, especially inwinter.

White pine: The eastern whitepine is probably Wisconsin’smost romantic tree. It figuredprominently in the initiallogging, bearing the brunt ofPaul Bunyan’s ax. It is the tallestnative tree in Wisconsin, reach-ing a height of 220 feet. A fastgrower after a very slow start,white pine lives both above and below thehardwood canopy in the second-growthforest. Large white pines adorn the shore-lines of many central and northernWisconsin lakes where citizens and touristsescape for relaxation. White pine is alsovaluable for saw timber.

However, white pine is vulnerable. Tipweevils tend to kill terminal buds, causingdeath or deformation of young pines. Thisproblem is more severe in open areas thanin partial shade. White pine blister rustattacks sapling and polesized trees. Forthese reasons, white pine has not beenextensively planted in plantations.

Natural reproduction is good in limitedareas of sandy, acidic and poorly drainedsoils where maple competition is notsevere. Shelterwood harvesting with a rel-atively long period between the first andsecond cut promotes regeneration ofwhite pine from seeds. On rich soils,however, hardwood competition is likelyto overpower young white pine.

White pine is sensitive to road salt and airpollution and is not often planted in urbanareas.


Table 3. Hardwoods left after a selective cut.

Diameter Number of trees Percent of total (inches) left per acre number of trees

2–4 202 63

5–9 65 20

10–14 28 9

15–19 17 5

20–24 8 3

Total 320 100%

Red pine: Red pine or Norway pine hasbark that is more scaly and lighter(reddish-brown) than white pine; red pineneedles are coarser and grouped inbundles of two rather than five for whitepine.

In Wisconsin, landowners have establishedextensive plantations of red pine. The treesproduce valuable sawlogs, are less easilydamaged than white pine and have amore classical shape than jack pine.Foresters have encouraged landowners togrow red pine on many acres of aban-doned farmland, because red pine needsopen sunlight and does well in sandy, well-drained soils that fail to sustain agricul-tural crops. Plantations need systematicthinning to produce straight sawlogs andkeep the stand in vigorous growing condi-tion. Periodic pruning will produce knot-free lumber.

In recent years, plantation planting hasbecome controversial. Wildlife biologistsgenerally object to large plantation plant-ings because, in their opinion, such planta-tions, when fully established, offer littlefood or cover for wildlife and virtually nohabitat diversity. Where landownersconvert an existing woodland to red pine,they need herbicides to control theregrowth of other species that competewith pine seedlings. Finally, somelandowners consider plantations to bevisual landmarks depicting good landmanagement, while others think they lookartificial and alien.

Foresters are beginning to question thewisdom of relying on a single species forreforestation efforts. Planting largeacreages of any one species creates amonoculture that increases the probabilityof disease or pest problems. When thecosts of preparing the site, controllingcompeting plants, pruning lower branchesand making other stand improvements arecompounded over the long rotation time,the return on investments from planta-tions is not high.

Nevertheless, the economic return frompine plantations compares favorably withother woodland management options foropen land being converted back to forest.Larger spaced initial planting and moreaggressive thinning will allow white pineand ash to seed under the canopy andprovide the option for a diverse secondgeneration. In more open areas, red oakreproduction may also take place.

Jack pine: Jack pine is considered the uglyduckling of the pine family. Like red pine, itneeds open sunlight and can grow in thepoorest soils and virtually on bare rock.Forest fires favor its regeneration, becauseextreme heat opens its cones and releasesseeds. However, jack pine tends to producemany branches and an irregularly shapedtrunk. Therefore, landowners haven’tplanted it as extensively as red pine.However, it is valuable as pulp because thefiber produces high quality paper.

In recent years, forestry researchers havediscovered that this fast-growing pine hasgreater potential for genetic improvementthan red pine. Scientists are now selectingfor superior strains and developing seedorchards.

White spruce: Commonly used in refor-estation efforts and wind breaks, this fast-growing species prefers more moisturethan red or jack pine. It is native to north-ern Wisconsin and useful for pulp andsawlogs.

Hemlock: Hemlock lives up to 700 years, isa preferred browse species for deer andprovides cover for deer and grouse. It hasbeen heavily browsed by deer in recentyears and has not regenerated well. Oftenconsidered the weak cousin of the whitepine, hemlock is native to northernWisconsin. Its wood splinters more easilythan pine, but homesteaders used much ofit because lumber companies left hemlockwhen they cut the pine.

Swamp conifers: Tamarack, black spruce,balsam fir and white cedar inhabit poorlydrained areas. Like hemlock and yellowbirch, Eastern white cedar is a favorite foodfor deer and is becoming less abundantdue to overbrowsing. While it has specialtyuses—tamarack poles, cedar fence posts—commercial significance is limited. Spruceand fir are cut for Christmas trees andpulp.

Red cedar: In contrast to the swampconifers, red cedar needs limestone soilsand seems to do best on open hillsidesand road cuts. It is found in southernWisconsin where other conifers are notcommon.

Christmas tree production: About 40,000acres, mostly in central Wisconsin, aremanaged to produce Christmas trees.Scotch, red and white pines can be har-vested in 6 to 10 years. Several varieties ofnative and exotic short-needled balsamand spruce are planted for commercialharvest 12 to 15 years later. Between plant-ing and cutting, landowners need tofollow professional guidelines in shearingthe trees several times.

Other speciesWisconsin supports well over 50 species ofnative trees, which add variety to the land-scape. Many of these, while not commer-cially valuable, are useful to wildlife andwild food enthusiasts. These includebeech, butternut, serviceberry, cherries,hawthorne, mountain ash, mulberry andironwood. Other species—coffee tree,honey locust, blue beech, river birch—have leaves, bark, or seeds that make theminteresting.


Wetlands are characterized by awater table at or near the soilsurface, and particular soil andvegetation types. Some landown-

ers define wetlands as those places wherethey can’t walk in April without gettingwet feet, or areas too wet to till for crops.

Before settlement, wetlands occupiedabout one-fourth of the Wisconsin land-scape. Many of those wetlands, especiallyin central and southern Wisconsin, werefilled or drained for crops and buildings.

The question of public regulation ofwetland conversion has been debated formany years. Public agencies have mappedwetlands and some federal and state regu-lations apply, but the fate of wetlandsremains largely in the hands of privatelandowners.

Value of wetlandsIn the environment, wetlands act assponges; they store flood waters and filterwater before it enters lakes and streams.Sometimes wetlands are recharge sites forgroundwater aquifers, although morecommonly they are discharge sites forgroundwater. By slowing water movement,wetlands reduce the likelihood that heavyrainfall or rapid spring snowmelt will causeerosion and downstream flooding.

Wetlands retain eroded soil that entersthem and holds nutrients that would oth-erwise promote excessive weeds andalgae in lakes and streams. Instead, thenutrients produce a heavy growth ofwetland vegetation, which provides

nesting sites, food and cover for waterfowl,furbearers and many other types ofwildlife. Wetlands also shelter wildlifeduring droughts, fires or severe winterweather.

Increasingly, landowners appreciate wet-lands for their natural beauty—an openvista that provides visual contrast with sur-rounding fields or forests. Learning thevarious wetland types listed below and thespecies that grow in each can also providepersonal satisfaction.

Types of wetlandsSeasonally flooded flat: These areas areperiodically flooded, but well-drainedduring the growing season. Flats areusually located in floodplains along watercourses. Vegetation includes smartweeds,fall panicum, teal grass, wild millet andhardwood forest.

Fresh meadow: Although the water tableis near the surface, there is no standingwater. Vegetation is primarily herbaceous,including grasses, sedges, rushes andbroad-leaved, flowering plants.

Shallow marsh: The site is often coveredwith several inches of water, and soil iswaterlogged throughout the growingseason. Emergent aquatic plants such ascattails, arrowheads, reeds and rushesdominate the vegetation.

31C H A P T E R 9 Wetlands and ponds

Chapter 9

Wetlands and ponds

Deep marsh: The depth of water rangesfrom 6 inches to 3 feet and supports emer-gent plants, floating plants (water lilies,duckweeds) and submergents(pondweeds, coontail, milfoil).

Shrub swamp: The water table is near thesurface and occasionally floods the site.Shrub swamps usually occur in uplanddepressions and along sluggish streams.Vegetation includes alders, dogwoods andviburnums.

Wooded swamps: The water table is at ornear the surface and occasionally floodsthe site. Hardwood swamps, dominated bysilver maple, red maple or black ash,usually occur along shallow river basins oron deltas. Swamp conifers include whitecedar and balsam fir. If thesoil is acidic, black spruce andtamarack (larch) tend todominate.

Bog: In Wisconsin, bogs are usually associ-ated with lakes that receive most of theirwater directly from precipitation.Vegetation includes black spruce, tama-rack, cranberries, bog laurel, Labrador tea,leatherleaf and sometimes rare plants suchas moccasin flower, pitcher plant and otherorchids. Mats of “floating” sphagnum mossare most characteristic of bog vegetationand are largely responsible for making bogwater acidic.

Wetland managementWetlands are delicate. Be careful and applymanagement techniques cautiously.Wooded wetlands can provide forest prod-ucts, but use heavy logging equipmentonly when the land is frozen.

Farmers sometimes graze grass and sedgewetlands. However, large animals tend tochange the soil structure and plant com-munity, thus damaging the wetland.Cutting marsh hay after the bird nestingseason is less damaging, particularly if youleave some areas for winter wildlife cover.

If not cut periodically, woody plants willbegin growing in some wetlands. Beforesettlement, fire maintained open wetlandsby killing the woody vegetation.Prescribed burning can be used to main-tain an open wetland. If you can controlwater levels, you can use that method tomanage the vegetation.

Rehabilitating wetlands damaged bygrazing or draining is difficult. Cattails,canary grass, willows and tag alder oftenreplace the natural mix of sedges andgrasses. However, when drainage ways areplugged, some wetlands return quicklyfrom native seeds in the soil.


Wetland preservationMany wetland values benefit society butgenerate little income to pay propertytaxes. A variety of local, state and federalprograms provide some financial incen-tives to help landowners maintain wet-lands. Government agencies sometimespurchase easements or property titles tocompensate landowners. Governmentagencies or conservation organizationsalso accept charitable gifts of wetlandproperty. However, the primary motivationfor wetland preservation is individuallandowners’ commitment to naturalbeauty, ecological diversity and personalrecreation.

Purple loosestrifeIn recent years, an exotic plant calledpurple loosestrife has invaded wetlands. Itis an attractive plant that blooms pro-fusely. One plant may produce as many as300,000 seeds. Purple loosestrife crowdsout native vegetation. Although it addscolor to the summer wetlands, speciesvariety and wildlife needs are eventuallysacrificed. Physical removal is recom-mended before seeds are set. A teachingpacket entitled Stop the Spread of Exotics isavailable from University of Wisconsin–Extension.

PondsMany landowners have constructedponds. Motivations vary from fishing topromoting wildlife to watering cattle toswimming to ice skating to aesthetics. Ablue pond is part of the nostalgic image ofrural living that takes its place along with awhite farmhouse, a red barn and a yellowcollie.

Since some objectives are incompatible,ponds rarely meet all of the landowner’sobjectives. Ponds dug in rich soil or thoseused for watering cattle or domesticwaterfowl are likely to suffer fromunsightly algae or become choked withcattails. Panfish in ponds often over-produce and become stunted.

Nevertheless, a pond can provide familyrecreation and other benefits if thelandowner is realistic and obtains profes-sional advice regarding construction andmanagement. Construction advice is avail-able from the county land conservationdepartment or federal Natural ResourceConservation Service.

In general, dug ponds filled with ground-water have better quality water thanponds formed by diking off a surfacedrainageway. Trout do well in deep, coolponds while large mouth bass are recom-mended for shallower ponds that warm upin summer. Panfish are usually not recom-mended. Many ponds cannot support fishbecause the oxygen levels in winter aretoo low.

Small or shallow ponds developed forwildlife may be more practical than fishponds. However, if you destroy wetlands inthe process of creating the pond, theremay be no net gain for wildlife.

33C H A P T E R 9 Wetlands and ponds

Permanent grasslands are the raresthabitat type in Wisconsin. Brushyfencerows that developed after theinitial farming settlement are also

becoming rare. They are disappearing forthe same reasons. Good agricultural land isnow farmed intensely with large equip-ment that requires large fields. Poor agri-cultural land is reverting to woodlandthrough natural succession or beingplanted to pine plantations. Bothprocesses reduce the variety of plant andanimal life and change the visual characterof rural Wisconsin.

PrairiePrairie is the French word for meadow. Atone time, the prairie stretched from theRocky Mountains across to Indiana(figure 11). The prairie developed in therain shadow of the Rocky Mountains.Pacific air masses deposit their moisture inthe mountains as the air masses rise andcool. Coming down the east slope of themountains, the air warms and holds whatlittle moisture remains. Thus, prairiegrasses and forbs grow in areas with insuf-ficient rainfall to support trees.

Historically, fires on the eastern edge ofthe prairie kept the forest from spreadingwestward. Wisconsin stands at the north-eastern border of what was the greatprairie. In 1850, areas of prairie existedsouth and west of a line roughly fromMinneapolis to Milwaukee. Becauseprairies formed the best agricultural soils,nearly all prairies were farmed. You can stillfind a few prairie remnants in old cemeter-ies, railroad rights-of-way and odd cornersof some farms.

Prairie restoration has become popularacross Wisconsin. Prairie establishment ismost successful on dry, infertile soilswhere competition from weeds is less rig-orous than on rich soils. Once established,a prairie needs little management. A peri-odic spring burn may be sufficient tomaintain it. Prairie plants are perennialswith large root systems that respond wellafter burning.


Chapter 10

Prairie, grasslands and hedgerows

mountains desert short mid- tall prairie forestgrass grass grass border

Figure 11. Native Prairies of North America.

People establish prairies primarily forbeauty and nature study. From Aprilthrough September, a series of prairieplants provides visual delight as theycome into bloom and then make way forthe next set of flowers. Tall prairie grassesare also attractive in winter.

Permanent grasslandsPermanent grasslands develop some ofthe same aesthetic qualities as prairieswithout the intensive effort required toestablish prairies. Therefore, they are morepractical for larger tracts. The only long-term concern with permanent grasslandsis control of shrubs and pioneer trees.Clipping or burning is usually required,especially for areas bordering woodlands.

The principal motivation for maintainingpermanent grasslands is landscape diver-sity. With more habitat diversity, a richermix of plants and lower organisms canthrive. These in turn lead to more variety oflarge wildlife. Most landowners also find adiverse landscape visually attractive.

HedgerowsFarmers no longer build wide fencerows offield stone, split rails and briars. Barbedwire fences have come out as fewerfarmers pasture cattle and more farmerscombine fields. Fencerows and brushyroadsides have long been favorite placesfor wildlife. Landowners should maintainthem whenever possible.

Where space is available, you can build ahedgerow to provide habitat variety and acorridor for wildlife movement. Figure 12illustrates the design for a hedgerow alonga field or property border. If you own theproperty on both sides of a hedgerow, youcan plant shrubs and grasses on bothsides of it.

35C H A P T E R 1 0 Prairie, grasslands and hedgerows

trees tall shrubs short shrubs grasses

white spruce, dogwood, roses, switch grass and other red pine, mountain ash, mapleleaf, viburnum, prairie grasses, alfalfa,

oak highbush cranberry, American hazelnut, smooth brome grass,sumac raspberry orchard grass

Figure 12. Recommended species for design of a 50-foot hedgerow.

The primary long-term trend in agri-culture has been a reduction in thenumber of farms. Since 1960Wisconsin has lost almost half of its

farms. The number of small farms has fluc-tuated from 10,000–15,000. With farm con-solidation, the number of these smallfarms declined until 1969, increased until1982 and has dropped back since then.The number of farms larger than 500 acreshas generally been increasing while thenumber of farms between 50 and 499acres has declined dramatically, as shownin table 4. When farmers sell medium-sizedfarms, they often sell the bulk of the till-able land to a neighboring commercialfarmer and a farmette (the buildings and afew acres) to a hobby farmer.

Types of small farmersPeople purchase tillable land for as manydifferent reasons as they buy woodland.Some purchasers merely want to use aformer farmhouse for a residence or builda new home on open land. They maymaintain the remaining acreage as grass-land or return it to woodland. If alandowner sells no agricultural products,the parcel is not considered a farm.

Hobby farmers: Half of all farmers andmost small farmers work off the farm.Although owners of medium-sized farmsoften work off the farm, farming is typi-cally their main occupation and mostoften they have lived on their farms mostof their lives.

Farmers whose main occupation is notfarming are called hobby farmers. Whilethey may invest a good deal of money anda great amount of time in farming, theyearn most of their family income fromother sources. A typical hobby farmer pur-chased and moved to the country afterspending at least some time living in anurban area to attend college or establish acareer. Many move to the country to raisetheir families in a more “wholesome”natural and social environment.


Chapter 11

Small farm management

Table 4. Number of Wisconsin farms by size 1964–1992.

1964 1969 1974 1978 1982 1987 1992

Small farms 12,717 10,429 10,568 12,564 14,510 12,790 12,260(1 to 49 acres)

Medium farms 103,180 85,289 74,722 68,698 62,057 56,326 49,691(50 to 499 acres)

Large farms 2919 3254 4139 5243 5632 6015 6008(500 or more acres)

Total farms 118,816 98,973 89,479 86,505 82,199 75,131 67,959

Source: Census of Agriculture. (The definition of a farm changed during this period, affectingthe numbers to some degree).

Homesteaders: Historically, this termreferred to the brave families who settledon 80 acres of government land and weregiven title for their efforts. Beginning inthe 1970s a group of people have movedback to the land to become more selfreliant, to be closer to nature and to growtheir own food organically. They havedescribed themselves as homesteadersbased on a simple lifestyle and a philoso-phy of self-sufficiency. They often producesome products for sale, but tend toemphasize saving money by producing fortheir own families rather than producingfor cash income.

Retirees: Many people who want to live inthe country cannot because they work incities. Some retire early and buy smallfarms for second careers. Others return totheir childhood homes to take over smallfamily farms. In most cases, their pensionsand investments provide their principalincome.

Intensity farmers: Small farms tend tohave a greater variety of crops and live-stock than large specialized farms. Buildingon that diversity, experts at TuskegeeInstitute have developed a small farmmodel that is premised on intensely pro-ducing and marketing specialty crops onsmall acreages. They leave pork and beef,corn and soybeans—and the narrowmargin of return on those crops—to thelarge farmers.

Limited acreage cropsThe standard crops for small farmers inWisconsin are alfalfa and corn in a rotation.The market value of each varies consider-ably depending on weather and resultantsupply. A landowner without equipmentcan plant and harvest corn through customarrangements. Hay making requires lessequipment, but harvesting is difficult forsomeone with a regular city job. Neithercrop is profitable on a small scale.

An alternative to growing standard crops,which are usually in oversupply anyway, isto grow several specialty crops that meetthe following criteria:

■ They are appropriate for climate inyour area.

■ They are appropriate for soils on yourland.

■ A market is available or can be estab-lished.

■ Competition from large-scale farmersis unlikely.

■ Labor is available when needed.

■ The demands of producing and mar-keting are compatible with your lifestyle.

■ Crops are compatible in terms of peaklabor requirements.

People who grow specialty crops shouldpay attention to soil pH (acidity level) andthe crop’s fertilization needs. You can eval-uate these qualities with a soil testthrough your county Extension office. The

test isstronglyrecom-mended.

Specialty crops often require unique mar-keting strategies. Pick-your-own systemsare popular for berries and fruits. Nearurban centers, you might rent garden plotsor develop clientele with an annual mem-bership fee; members could also beoffered a series of rural experiences suchas nature study, fishing and horsebackriding in addition to opportunities forpicking fresh produce or having produceregularly delivered to their homes (sub-scription farming).

37C H A P T E R 1 1 Small farm management

Alternative specialty crops forlimited acreagesBaby plants: cabbage, flowers, nurserystock

Berries: blueberry, raspberry,strawberry

Flowers: bulbs, cut flowers, driedflowers or weeds, seed

Forage and feed for special popula-tions: birdseed, horse hay, minkbedding

Fruits: apple, cherry, grapes (fresh,dried fruit, juice, cider, wine)

Hay: for horses and exotic animals

Herbs and spices: catnip, ginseng, mint

Vegetables: asparagus, broccoli, cauli-flower, cucumber,saladgreens,garnishes,popcorn,tomatoes,pumpkins

LivestockHobby farmers love their beef and home-steaders love their goats. A few hogs and aflock of chickens also populate manysmall-farm barnyards. Less common aredairy cows, sheep, rabbits, ducks, geeseand guinea fowl.

Though cattle raising is popular through-out the world, the economics of raisingfeeder calves or fattening steers is mar-ginal. Beef or sheep can use permanentpasture, and beef require minimal care.

For a small but steady supply of milk,people usually prefer goats to dairy cowsbecause goats are easier to handle andseveral goats provide a better year-roundmilk supply than one cow.

The principal advantage of pigs and chick-ens is rapid turnover. Therefore, you canadjust the size of your operation tochanges in off-farm work schedules, feedavailability and market prices.

All of these animals provide quality foodfor home use. However, it is unrealistic toexpect that traditional livestock sales willyield a significant return for the laborinvested. Most small farmers do well if theymeet their ownership and operating costs.

Specialty animals provide an alternativefor an entrepreneur willing to learn how tomanage a relatively unique operation andcommit major efforts to marketing. Someexamples are listed in the sidebar.

General managementA wealth of Extension bulletins and otherpublications are available to help smalland large farmers raise traditional cropsand livestock. Information on alternativecrops and critters is more limited, and youneed to experiment in many areas of man-agement. Breed associations, growersassociations, 4-H clubs and county fairsprovide enjoyment and opportunities toshare information. They are also valuablein developing leadership skills for ruralyouth.

For experimental enterprises, good recordsare especially important. Good recordshelp farmers remember how theymanaged different crops or livestock andthe yield resulting from that management.

Good records are also important at taxtime. For example, if you buy a small farm,you must determine the value of the farmbuildings because you can depreciatethem. For tax purposes, the annual depre-ciation, along with operating costs, taxes,insurance and interest are offset againstfarm and non-farm income. If the InternalRevenue Services challenges farmexpenses, however, the farmer must beable to establish that the farm is operatedwith a profit motive.


Alternative animalenterprises for small farmers

■ Aquaculture: bass, perch, trout

■ Bait: larvae, minnows, worms,leeches

■ Breeding stock: purebred andinbred strains

■ Dogs: hounds, kennelling, showbreeds, grooming

■ Game: pheasants, quail, deer

■ Rare and exotic breeds: cats,cattle, chickens, doves, rabbits

■ Miniatures: horses, pigs, dogs

■ Specialty meats: free-ranging(barnyard) chicken, buffalo, organicbeef, lamb and goat

■ Seed stock: dairy heifer replace-ments, horse stud, buffalo, elk, deer,llama

■ Boarding: horses, dogs, cats

Rural residents must get their ownwater supply. In Wisconsin, you canalmost always find water, but drillinga well is an additional expense of

rural living. In 1998, private wells costabout $2500 for equipment and installa-tion, and approximately $20 per foot fordrilling and casings.

Hydrologic cycleThe water obtained from wells comes fromcrevices within the bedrock or poreswithin the subsoil. An area of soil and rockthat holds groundwater is called an aquiferand the top of the saturated zone is calledthe water table. Groundwater does notmove in underground rivers. Your drinkingwater probably entered the ground withina few miles of your well.

As shown in figure 13, water evaporatesfrom the ocean, moves in air masses toland, is deposited as precipitation, andheads back to the ocean flowing downhillunder the soil surface and ultimately onthe surface in large rivers. A portion evap-orates back to the atmosphere from vege-tation and the land surface.

Groundwater quantityIn Wisconsin, roughly 30 inches of precipi-tation falls each year. In hilly or rocky areas,only a small portion infiltrates to theground water. In flat, sandy areas, as muchas 10 inches of that precipitation may per-colate to the water table. The tremendousgrowth of irrigated agriculture in centralWisconsin is based on a readily availableand renewable supply of groundwater.

While many parts of Wisconsin do nothave aquifers suitable for high-capacityirrigation wells, you can drill wells forhouses most places. Houses on ridges tendto need deeper wells.

Occasionally, a well in an area of rock out-cropping produces a “dry hole.” In general,though, Wisconsin is richly blessed withgroundwater—a buried treasure.

39C H A P T E R 1 2 Private wells

Chapter 12

Private wells

transpiration

zone of saturation

infiltration

run-offevaporation

impervious material

groundwater flow

precipitation

Figure 13. Hydrologic cycle.

Groundwater qualityFor generations, people assumed that wellwater was safe. Rural landowners shouldno longer make that assumption.Groundwater has been contaminated inmany ways. Contaminants range fromnatural minerals to exotic toxic chemicals.

Hardness: The most common problemwith well water in areas where the aquifercontains limestone or dolomite ishardness—calcium and magnesium car-bonate minerals. These naturally occurringminerals clog pipes and reduce the effi-ciency of soap and detergent. Ruralhomes, especially in southern Wisconsin,typically install water softeners to removethese minerals from water used forbathing and washing.

Iron: This naturally occurring mineralstains fixtures and clothes if the ground-water is acidic or low in dissolved oxygen.You can remove iron with special watersofteners.

Odor: Water that is drawn from aquifersassociated with wetlands may containhydrogen sulfide, which imparts a rotten-egg odor to drinking water. Leakage fromunderground tanks used to store gasoline,or barnyard pollution can result in waterthat both smells bad and is unhealthy.

Nitrates: Nitrates are very soluble chemi-cals that originate from manure, chemicalfertilizer and septic tanks. At concentra-tions above 10 parts per million, they areconsidered dangerous for infants under sixmonths of age. Very high levels of nitratemay affect adults and livestock.

Bacteria: If human or animal waste con-taminates an aquifer, well water can trans-mit various diseases. Contamination canoccur if the wastes enter the groundwaterwithout adequate filtration through soil.Coarse soils, such as gravel and sand, donot filter out impurities as effectively assilts and clays. Wells in fractured bedrockor shallow limestone are especially suscep-tible to contamination.

Pesticides: Since 1980, when scientists dis-covered the pesticide aldicarb in well water,rural homeowners have been very con-cerned about pesticide contamination.Atrazine and several other pesticides alsohave been found in Wisconsin groundwater.

Other hazardous material: A great manychemical contaminants have been foundin well water. Solid waste sites have gener-ated special concerns. In 1984, Wisconsinembarked on a major campaign tomonitor groundwater and regulate land-use activities that threaten groundwaterquality. Homeowners with contaminatedwells can apply for state financial assis-tance through the DNR to replace theirwells. State cost sharing is limited to 75percent of the first $12,000 in costs.

TestingTest your drinking water after anyoneworks on your plumbing system or well.Test annually for bacteria. Test drinkingwater for nitrates, especially if there is aninfant in the household. Hardness and ironare also easy and inexpensive to test.Pesticides, gasoline and other chemicalsare much more expensive to analyze.Water can be tested at the State Lab ofHygiene in Madison, the EnvironmentalTask Force Lab at the University ofWisconsin–Stevens Point or private labs. Tomonitor trends in your drinking waterquality, keep good records of tests results.

Well location and depthLocate wells as far as practical and upgra-dient from potential sources of contamina-tion such as septic systems, barnyards, fuelstorage tanks and fertilizer storage areas.The bottom of the well should penetrateat least 20 feet into the water table to min-imize contamination by local sources.

Shallow wells draw water from nearbyareas while water from deeper wells origi-nates further away. Thus, if a contamina-tion source is close to the well, a deeperwell generally yields better water.However, if you suspect the source of con-tamination is a field, feedlot or subdivisionsome distance upgradient, you might getbetter water with a shallow well.Homeowners with shallow wells should beespecially careful when disposing of clean-ers, solvents, paint, waste oil, antifreeze andother chemicals around the house. Depositthese materials at recycling centers orcommunity “clean sweep” collections forhazardous household wastes.


Rural residents must assume greaterresponsibility for waste disposal thancity dwellers. Rural homeownersmust install and maintain a private

wastewater disposal system at an annualcost of at least $200. To dispose of theirsolid waste, rural residents pay a privatehauler or haul their solid waste to a landfillthemselves and pay a “tipping” fee.

SewageDisposal of liquid domestic waste is regu-lated under the state Uniform PlumbingCode and administered by the countyzoning administrator or sanitarian. Youneed a permit to build a waste-water dis-posal system; an on-site inspection is stan-dard practice before or during installationof a private sewage system.

The initial step in planning a sewage dis-posal installation is to determine what lim-itations the site may have for sewage dis-posal by checking the use limitations asso-ciated with your soil as shown on the soilsurvey. About half of Wisconsin’s soils arenot suited to conventional systems. Thesecond step is to hire a certified soil testerto conduct the soil borings and percola-tion tests needed for a permit. Dependingon the test results, you may be able tobuild a conventional system, an alternativesystem or be unable to build a system onyour site.

Conventional septic tank and soilabsorption system: The conventionalsystem is the simplest and most commontype. It consists of a septic tank and a soilabsorption field. In the septic tank, somewastes are digested to soluble form, otherwastes settle to form a sludge on thebottom, and oils, greases and other float-ing materials are trapped in a scum layerat the top (figure 14). Baffles in the septictank protect the soil absorption field bykeeping the scum and sludge fromflowing into the absorption field wherethey could clog the field.

41C H A P T E R 1 3 Private waste disposal

Chapter 13

Private waste disposal

sludge

inlet outlet

water level

bafflebaffle

inspection manhole

scum

Figure 14. Schematic of a typical household septic tank.

Pump the scum and sludge out of yourseptic tank at least every three years toprotect your investment in the soil absorp-tion field. Tanks serving large families orhouses with garbage grinders should bepumped more often. A septic tank shouldbe pumped whenever the sludge isdeeper than one-third the distance fromthe tank bottom to the outlet drain. A reg-ularly pumped system should function for20 years or more without any other treat-ment. Adding chemicals to aid digestion isnot a substitute for pumping, and is notrecommended. Some septic tank additivesmay seriously pollute groundwater.

The soil absorption field is a bed, a trenchor pit. The septic tank effluent flows bygravity to the absorption field which dis-tributes it through perforated pipe, allow-ing the effluent to leak into the soil. Youcan extend the lifetime of the field byusing a dosing pump to apply the effluentin doses rather than a continuous trickleby gravity. In either case, the effluent is fil-tered as it seeps down through the soil.

You can get a permit for a conventionalsystem if you have at least 36 inches ofsuitable soil below the bottom of theabsorption field. If groundwater or bedrockis too close to the surface, the filteringaction will be incomplete and the sewagemay contaminate the groundwater. If thesoil is not permeable enough, as is the casewith some clay soils, the septic tank efflu-ent may seep up to the surface where itpresents health problems and may con-taminate surface waters. In both of thesesituations, a conventional system will notwork. Under specified circumstances, thecounty may permit an alternative called amound system, which costs about $10,000(two times the cost of a conventionalsystem) or a holding tank which has a highannual maintenance cost.

Mound system: To construct a mound,sand is hauled in and deposited above theexisting soil surface to serve as a soilabsorption field. The effluent from a stan-dard septic tank is then periodicallypumped up to the top of the mound todose the mound. Maintenance require-ments include a routine septic tankpumping schedule and maintenance ofthe equipment used to pump the effluentup to the mound (figure 15).

Holding tank: The most expensive alter-native to a conventional system is aholding tank, which retains waste in alarge sealed tank. Periodically, these wastesare pumped out and hauled away fortreatment. Holding tanks cost less than aconventional system to install, but annualpumping and hauling costs amount toabout $500 per family member.

More options: Additional options are beingconsidered and may become available.

Solid wasteProper disposal of garbage and trash isimportant for human and animal health,and it promotes an attractive rural atmos-phere. Property values and communitypride decline if people dispose of trash onroadsides and in ravines and leave oldbuildings and vehicles to litter the land-scape. Many rural communities provide arecycling service for newspapers, plastic,aluminum cans and glass. In areas withoutgarbage collection service, landownersmust transport solid wastes to a landfill onspecified days and hours.


moundpumping chamberseptic tank

from house

topsoil

sand filldistributionlateral

topsoil

absorption trench

sludge

scum

Figure 15. Mound system for use over slowly permeable soil or shallow,creviced bedrock or high groundwater.

Hazardous wastesRural homes, and especially farms, harbormany hazardous materials that endangerchildren, pets, livestock, water quality,wildlife or vegetation. Never flush haz-ardous liquids, such as paint thinners orvarnish removers, down sinks or toilets.These wastes will move with water andcontaminate the groundwater. If youchoose to use hazardous chemicals insmall quantities, follow the “TenCommandments for Users of HazardousChemicals” in the sidebar. A certified pesti-cide applicator license is required forlarger applications. The UW-Extension hasa list of certified pesticide applicators offield vegetables and orchards.

43C H A P T E R 1 3 Private waste disposal

Ten Commandments for users of hazardous chemicals

I. Read the label and follow the directions on using and storingthe product.

II. Do not overuse a product. More is not better.

III. Do not mix chemicals.

IV. Prepare only the amount you need and use it all.

V. Wear protective equipment. Avoid breathing dust or fumes.

VI. Work only in well-lighted and well-ventilated areas.

VII. Do not burn leftover chemicals or materials treated with chemi-cals, including wood treated with preservatives.

VIII. Do not bury containers or contaminated material, or flush themdown the sink or toilet. Hazardous materials should be safelystored until a community “clean sweep” program is organized tocollect them.

IX. Do not reuse chemical containers. Triple rinse and dispose ofthe container in a landfill. Treat the rinse water cautiously.

X. Recycle waste oil and batteries.

Most landowners try to be goodneighbors. However, misunder-standings can occur, especially ifneighbors do not understand their

legal rights and obligations relative toeach other. The purpose of this publicationis to inform, not to advise. Your decisionsor legal actions should be based on advicefrom an attorney familiar with the specificfacts relating to your property.

The following discussion is based on lawscurrent in 1998. These may be revised bythe legislature or reinterpreted by thecourts. References are from the WisconsinStatutes 1995-96.

AccessGetting to your property may seem to be abasic right of ownership. But if a publicroad doesn’t serve your property, yourright may conflict with your neighbors’right to keep you from crossing their prop-erty. If you purchased the parcel from alarger property that had road access, theseller must provide access. In all othercases, your ability to obtain either a publicroad or a private access to your propertydepends on the goodwill of a neighbor orthe willingness of the town board tocondemn a right-of-way (Sec. 80.13).

Fence lawHistorically, disputes over line fences havecaused more ill will between neighborsthan any other single issue. To reducethese conflicts, the legislature developedChapter 90—an entire chapter of theStatutes on fences. While the amount offencing has declined with less pasturing oflivestock, the statutory provisions continueto govern. In some areas fencing is return-ing as part of rotational grazing schemes.

The central provision of the law providesthat if one neighbor uses and occupiesland for farming or grazing, the otherneighbor must maintain a line fence. Eachneighbor is responsible for one-half of theline fence unless they agree to some otherarrangement.

Discussions “over-the-fence” were notalways pleasant. Sometimes, one neighborrefused to build any fence since he or sheowned no livestock. Sometimes the typeof fence was debated. Sometimes alandowner was unhappy because his orher half was harder to build (rocky ledge)or harder to maintain (floodplain).

The legislature spells out ten differenttypes of legal fences. Finally the legislatureestablishes a set of judges, called “fenceviewers,” to resolve conflicts. The fenceviewers are any two or more members ofthe town board. For purposes of imple-menting the fence law, they may adminis-ter oaths and will file their decision withthe town clerk.


Chapter 14

Legal relationshipswith neighbors

“Good fences make good neighbors.”

Old rural adage

Noxious weedsBefore the advent of herbicides, manyfarmers carefully controlled certain weedsby hand picking or tilling. Farmers, whoconscientiously controlled their weeds,were understandably upset if a neighbordid not control their weeds and seedsblew across the property line.

Again, the legislature responded. Each unitof local government is empowered todeclare a list of noxious weeds. Whoever isresponsible for any parcel of land isrequired to control weeds on that property.

Each local unit of government mayappoint a weed commissioner. If, aftergetting notice from the weed commis-sioner, a property owner fails to controlnoxious weeds, the commissioner carriesout the control. On the next tax statement,that landowner finds a bill “For theDestruction of Weeds.” (Sec. 66.96-98).

This law is occasionally enforced when anurban homeowner defies the “Kentuckybluegrass norm” and plants prairie species.In rural areas, it is rarely an issue anymore.

Straying animalsThe Wisconsin Statutes contain threechapters (172-l 74) on owners’ responsibil-ity for their animals and the rights ofneighbors to protect their property fromunrestrained animals. While problems withrams and bulls have diminished, dogs con-tinue to cause damage.

The owner of a dog is liable for the dog’sactions. If the owner is given notice thatthe dog is “wounding, worrying or killing”livestock and fails to confine the dog, theowner may be liable for double or tripledamages. Persons who suffer losses todomestic animals from dogs may file aclaim on the county dog license fund—into which all dog owners pay an annuallicense fee. The law also specifies the con-ditions under which the dog may belegally destroyed.

Noxious noises,odors or chemicalsThe statutes are less explicit about morerecent issues of dispute between neigh-bors. Attempts have been made to protectfarmers from people who move to thecountry and then object to farm noises orodors (Sec. 823.08). In other situations,long-time rural residents, includingfarmers, object to new, high-intensity orhigh technology agricultural practicessuch as concentrated feedlot (factoryfarm) operations or aerial spraying of pes-ticides. People also have concerns aboutsewage lagoons, rural industries and enter-tainment establishments. The legislatureand the courts continue to struggle tobalance the rights of the respectivelandowners in these situations.

Adverse possessionIn contrast to modern concerns such aspesticide drift, adverse possession is a veryold concept. It developed under Englishcommon law in feudal times. Feudallandowners who owned so much land thatthey were unable to keep track of it, couldlose remote parts to poor peasants whowere living on the property. This conceptof “squatter’s rights” contained two essen-tial elements: the squatters had used (pos-sessed) the property as if it were theirs fora significant length of time, and thelandowner had not given them permis-sion; thus their use was defiant or adverse.

Adverse possession still occurs. Usually, itinvolves a landowner who knowingly usesadjoining property as part of his or herown property. However, the adverse pos-sessor need not be a neighboringlandowner.

Possession is defined by actions such ascultivation, improvement, enclosure(fencing) or use for fuel (firewood). Themere crossing of property by foot or byvehicle on a trail or along utility lines doesnot constitute possession.

To claim adverse possession, a claimantmust maintain possession for only sevenyears if the claim is based on a recordedwritten document and the claimant haspaid property taxes on the property. If theclaim is based on an inaccurate writtendocument but taxes were not paid, thetime period is ten years. If no documentsare involved and the adverse possessorhas not paid property taxes on the prop-erty, then the time period is 20 years (Sec.983.25-32).

Take the following precautions to elimi-nate a potential adverse possession claimagainst your property:

■ Thoroughly investigate how theproperty is used before you buy it.

■ After the purchase, check bound-aries and ask neighbors if anyone isusing the property.

■ Periodically establish physical pos-session by keeping other users offthe property. Use the land yourself.

■ Rent the land and record the signedlease. Give written permission to apotential adverse possessor.

45C H A P T E R 1 4 Legal relationships with neighbors

Public use of private land is a source ofconsiderable irritation on both sides.Citizens would like the right thatEuropeans enjoy to hike on private

land. Landowners would like protectionfrom cut fences, damaged tress, trampledcrops, litter and liability.

In trying to deal with these irritations thelegislature has frequently amended theWisconsin Trespass to Land Statute. Themost recent change in 1995 shifted theburden from landowners, who previouslyhad to erect “No Trespassing” signs. Nowthe person intending to enter the landmust gain permission from the landownerbefore entering and must know propertyboundaries.

Trespass to land(Sec. 943.13)Cultivated or fenced land: Anyone whoenters enclosed or cultivated land to hunt,fish or gather products of the soil (berries,firewood, etc.) without permission is tres-passing. Anyone who enters enclosed orcultivated land with a vehicle without per-mission is also trespassing. These actionsconstitute trespass even if the land is notposted.

Undeveloped land: Prior to 1995, thelandowner was required to give noticewith signs at least 11 inches square in twoconspicuous places on each 40 acres ofland, or in writing or verbally in person.While this notice is no longer necessary,small rustic signs may still be useful fordefining property boundaries. This change

in the law should eventually lead to areduction in the number of “NoTrespassing” signs that have detracted fromthe natural beauty of Wisconsin roadsides.

Forest Crop Law Land and ManagedForest Law Land: Land enrolled under theearlier Forest Crop Law is open for publichunting and fishing. Land enrolled underthe more recent Managed Forest Law maybe closed (up to 80 acres) or open tovarious non-motorized recreational activi-ties. Closed land may not be used to pro-hibit access to open land.

Snowmobiles and other off-road vehicles:Wisconsin law specifically states thatsnowmobiles and other motor-driven craftmanufactured for off-road use cannot beoperated on private land without theowner’s consent (Sec. 350.10[6]). The lackof a fence or the lack of posting does notimply consent.

Public water: Citizens may use lakes andnavigable streams because the water ispublicly owned. However, they cannotcross private property to reach the wateror use the land along the shore of a streamor lake. People who walk on the streambed and along the lakeshore are not tres-passing as long as they are in the water.They may climb over a private pier orbridge but cannot use the structurewithout permission.

Law enforcement officials: Conservationwardens, fire rangers and other lawenforcement personnel have authority toenter private lands in the course of carry-ing out their duties.


Trespass and liability

Chapter 15

Enforcement: Since 1984 law enforce-ment officers (usually sheriff ’s deputies)have been authorized to issue a trespasscitation similar to a traffic citation. Afterreceiving a ticket from a law enforcementofficer, defendants may pay a fine up to$1000, or appear in court to contest theticket. Landowners can also go to courtwith a civil suit to collect damages fromtrespassers.

Liability (Sec. 895.52)The 1984 revision of the Wisconsin LiabilityLaw is designed to encourage landownersto open their land for public recreationwithout fear of lawsuits resulting frominjuries to such recreationists. Under thelaw, landowners do not have a duty tokeep the property safe for recreationalactivities, to inspect the property, or towarn recreationists of unsafe conditions.

This special limitation on liability does notapply to commercial enterprises or tolandowners who annually receive morethan $500 worth of compensation forrecreational use of their land. Nor does itapply to guests expressly and individuallyinvited for a specific occasion. Because ofthese exclusions, liability insurance is stillrecommended especially if you occasion-ally invite guests to use your property.

Timber trespass and theft (Sec. 24.04-.09)The intentional cutting of trees onsomeone else’s property without permis-sion may incur a fine of $100–$10,000 ormay be punished as a criminal offense fortheft. The offender is also responsible forreasonable costs involved in establishingthe volume and value of the forest prod-ucts removed. In addition, the landownermay pursue a civil action for double thedamage suffered.

Forest fire and forest pest control (Sec. 26.1 l-.99)Chapter 26 of the Wisconsin Statutesauthorizes the DNR to establish fire pro-tection procedures. During parts of theyear, a landowner must obtain a burningpermit before igniting an open fire. Localfire wardens issue permits.

Anyone who starts a fire is responsible forthe cost of suppressing the fire, fordamages the fire causes and for a fine.Fines range from $100 for the first offenseof merely leaving a scene without totallyextinguishing a fire, to $1000 for allowinga fire to escape or for using fire to drivegame, to $10,000 plus imprisonment forintentionally setting a fire on someoneelse’s land.

The statute also authorizes DNR personnelto enter private lands to survey pest prob-lems, such as an oak wilt or insect infesta-tion, and to control such problems.

47C H A P T E R 1 5 Trespass and liability

Your final property management deci-sion transfers control to anotherperson or entity. Depending on yourobjectives for the property, that deci-

sion may be the most important part ofyour management strategy.

If you feel that land is more than a com-modity—that it is the most basic physicalinheritance we collectively give our chil-dren—then you may feel obligated to con-sider the management philosophy andcapabilities of future owners in your deci-sion to sell. Creative use of the techniquesdiscussed below tends to automaticallyselect buyers sympathetic to your man-agement objectives.

Mineral leasesYou can sell the right to extract mineral, oilor gas from under your property toanother party while you retain the surfacerights. An oil company may offer to leasethe property while it looks for oil and gas.It will pay a specified royalty if oil or gas isdiscovered. Although no one has found oilin Wisconsin, companies have been explor-ing for petroleum in northwesternWisconsin, and significant mineral depositshave been discovered in the northeasternpart of the state. Mineral companies maybuy mineral rights, a mineral lease for aperiod of time or your entire property.

Don’t sign a lease until your attorneyexamines it and you receive an unbiasedestimate of the resource’s value.

Surface-use leasesAlways clarify and document rental agree-ments in writing. The lease may be forhunting privileges, for farming cropland,for grazing pastureland, or for any othershort-term transfer of property rights. Ifthe lessee will plant crops or cut trees,clearly spell out acceptable and prohibitedactivities in the lease. Misunderstandingscan easily develop over pesticide use,maintenance of soil conservation practicesand timber harvesting.

Life estatesLife estates are usually designed forlandowners who no longer want tomanage the land, who don’t want to splitthe ownership of the residence from therest of the property and who want to con-tinue to live in the residence until they die.

Life estates are also developed forlandowners who donate or sell property topublic agencies. You can also retain a lifeestate when you sell or transfer propertyto a private party. While the retained prop-erty right is usually the right to live on theproperty until death, it might be the rightto hunt or hike, or to use the property insome other way.


Chapter 16

Selling and leasing property

EasementsAnother method of transferring someproperty rights without subdividing theproperty is to sell or donate an easement.For instance, you might donate a sceniceasement to the unit of government thatowns the roadway and sell the rest of theproperty rights to a private party.

In another case, a landowner may donate aconservation easement, which prohibits asubsequent owner from developing theproperty. Such a transaction might haveattractive tax implications as a charitablededuction and also reduce property taxesunder recent changes in state law (Sec.70.32[1g]). However, such an easement willprobably depress the sale price. Donatingor selling development rights on yourproperty to a local land trust or a publicagency is an easy way to protect the ruralnature of the property while still allowingheirs to use or sell the land.

Whenever an easement is sold or donated,an attorney should carefully draft itbecause it is a partial, but permanent,transfer of one or more property rights. Forinstance, if you sell an access easement toa landlocked neighbor, you should spellout the exact place and width of theroadway and the degree to which theeasement holder can excavate or fill theeasement strip.

Restrictive covenantsIt may seem a shame to allow a newowner to immediately wipe out a lifetimeof management. The legislature and thecourts have attempted to balance therights of landowners to influence whathappens to their property after they sell itwith the rights of future generations, whoclearly need flexibility in using land.

You can control the use of property,including its subdivision, for 30 years (Sec.893.33) through deed restrictions. Such“private zoning” can be used for individualparcels, but is more enforceable whenseveral adjacent or nearby properties aresubject to the same restrictions. Alandowner restricted by the covenants hasa reciprocal right to require that his or herneighbors abide by the same restrictionson their property deed. For instance, thedeed to your property, and all other prop-erty in the subdivision, may prohibit theuse of neon signs outdoors. If your neigh-

bor installed aneon sign, youwould have theright to sue toremove it.Typically, theseare entirelyprivate mattersthat do notinvolve government.

Gifts and bequestsPeople who own land with special historicalor natural values can give it to a publicagency or private, non-profit organization.Such gifts or bequests have important taxadvantages. However, unless the land isunique or is close to other property anagency owns, management will be difficultand such groups may refuse the land. If aprivate, non-profit land trust operates in yourcommunity, you can transfer the land to thetrust. In some cases, you may wish to helpstart a local land trust. Guidance is availablefrom Gathering Waters—a Madison-basednongovernmental organization.

Leaving your markOwning rural property can be an intenselypersonal experience; planning for its trans-fer may be emotionally difficult. Wheneverand however you transfer the property,your stewardship will be evident to yoursuccessor. That successor and the genera-tions that follow will evaluate how wellyou managed the land you borrowed fromthem. In the end you may discover thatyou were more than a good steward—thatyou loved and respected the land as acommunity rather than owned it as a commodity.

49C H A P T E R 1 6 Selling and leasing property

Wisconsin Departmentof Natural ResourcesCounty and area offices: Foresters andwildlife managers are available locally toadvise private landowners and assist inpreparing land management plans.

Publications: DNR publications are typi-cally provided at no cost and are availablefrom district offices or the Bureau ofCommunication and Education, PO Box7921, Madison, WI 53707, (608) 267-5238;fax (608) 264-6293.

County CooperativeExtension Computer programs: The WISPLANsystem links county Extension offices witha computer in Madison. A variety of com-puter programs relating to farm and forestmanagement are available throughWISPLAN. Extension staff are trained to runthe programs for you in their offices.

Consultation and referral: Educators withexpertise in agriculture, family living,4–H/youth and community resourcedevelopment provide personal consulta-tion. They have access to faculty specialiststhroughout the University of WisconsinSystem. They are knowledgeable about theresponsibilities and expertise of othercounty agencies such as the

■ planning and zoning department,

■ environmental health (sanitarian)department,

■ land conservation department, and

■ register of deeds/land descriptionoffice.

Educators also can refer you to appropri-ate offices and publications of local gov-ernments, regional planning commissions,state and federal agencies such as theNatural Resource Conservation Serviceand Farm Services Agency.Meetings and newsletters: CountyExtension offices provide seminars, othereducational meetings and newsletters ona broad variety of topics.

Publications: Hundreds of inexpensivepublications are available from yourcounty Extension office or by contactingCooperation Extension Publications, Room170, 630 West Mifflin Street, Madison WI53703. Call toll free 1-877-WIS-PUBS (947-7827) for a free catalog or visit the website at http://www.uwex.edu/ces/pubs fora listing of titles.

Private non-profit organizationsWisconsin Honey Producers

Association, Inc.Lee Heine, President PO Box 331Watertown, WI 53094

Wisconsin Christmas Tree Producers Association, Inc.Virginia Mountford, Executive SecretaryPO Box 105Arlington, WI 53911

National Christmas Tree Association, Inc.611 E. Wells StreetMilwaukee, WI 53202-3891

Wisconsin Maple Syrup ProducersAssociation,Gretchen Grape, Executive Director33186 County Hwy W Holcombe, WI 54745

Shiitake Growers Association of Wisconsin, Inc.John Cook, PresidentPO Box 99Birchwood, WI 54817-0099

Wisconsin Association of Campground Owners, Inc.Esther Walling, Executive AdministratorPO Box 251Neenah, WI 54957-0251

Wisconsin Woodland Owners Association, Inc.Nancy Bozek, Executive DirectorPO Box 285Stevens Point, WI 54481-0285

Groups too numerous to list here haveformed for other specialized interestsregarding individual animal breeds, hospi-tality services and community develop-ment. A complete list of Wisconsinstatewide associations can be obtainedfrom the 1997–98 State of Wisconsin BlueBook, pp. 597–609.


For more information

1. Do I know why I want to own ruralproperty?

■■ Residential home site

■■ Vacation home site

■■ Retirement home site

■■ Timber or agricultural production

■■ Hunting

■■ Snowmobiling, all-terrain vehicles

■■ Nature appreciation

■■ Cross-country skiing

■■ Land stewardship

■■ Real estate investment

Note: If you checked several of the aboveresponses but none of them clearly domi-nates your motivation, perhaps you shouldwait until your goals are clearer.

2. Do I have a copy of the necessarydocuments?

■■ Soil survey

■■ Soil topographic map

■■ Plat book

■■ Offer-to-purchase form

■■ Local zoning map

Note: You should obtain your own copy ofthese references even if you are purchas-ing land through a real estate broker.

3. Have I seen the property during allseasons?

■■ Spring

■■ Summer

■■ Fall

■■ Winter

Note: The property may look quite differ-ent when the leaves are down. The viewmay be enhanced into a broader vista, orunattractive structures may becomevisible. High groundwater and surfaceflooding will be most evident in earlyspring.

4. Is there access to a public road?

■■ Yes

■■ No

■■ Uncertain

5. Are the driveway and the publicroad passable during all weatherconditions?

■■ Flooding

■■ Mud

■■ Snow

6. Are utilities available? If not, howmuch will it cost to bring them tothe building site?

Electricity $________

Telephone $________

Natural gas $________

Fuel oil $________

7. How far (in miles) are the nearestservices?

5 10 20 40

Fire protection ■■ ■■ ■■ ■■

Police protection ■■ ■■ ■■ ■■

Ambulance ■■ ■■ ■■ ■■

Foodstores ■■ ■■ ■■ ■■

Medical care ■■ ■■ ■■ ■■

Dental care ■■ ■■ ■■ ■■

Entertainment ■■ ■■ ■■ ■■

Automotive repair ■■ ■■ ■■ ■■

Hardware supplies ■■ ■■ ■■ ■■

Clothing ■■ ■■ ■■ ■■

8. (Property with home) Can the ownertell me:

Where the septic tank is located?■■ Yes ■■ No

How old the system is?■■ Yes ■■ No

When it was last pumped?■■ Yes ■■ No

By whom?■■ Yes ■■ No

Note: If a septic tank has not beenpumped for the past three years, thesystem is more likely to fail.

9. Are there any suspicious uses of theproperty by other parties withoutowner’s permission?

■■ Unrecorded rights-of-way

■■ Timber cutting or farming

■■ Camping or cabin site

■■ Unsurveyed line fences

Note: Someone may have a common lawright to continue to use the property byclaiming title under adverse possession(see Chapter 13).

10. Are land use patterns stable or likelyto change?

■■ Stable

■■ Changing

■■ Don’t know

11. Has a local land use plan and zoningmap been adopted to separateincompatible land uses?

■■ Yes

■■ No

■■ Don’t know

12. Is my intended use of the propertyconsistent with the plan and permit-ted in the zoning district?

■■ Yes

■■ No

■■ Don’t know

13. Will I be able to install a conven-tional septic system?

■■ Yes

■■ No

■■ Don’t know

Note: Only a test by a certified soil testercan provide this assurance. On many sites,the only private system that will work is aholding tank, which is expensive to maintain.

51Land buyer’s checklist

Land buyer’s checklist

14. Is the site suitable for a replacementconventional system or a moundsystem?

■■ Yes

■■ No

■■ Don’t know

Note: If you later remodel or add on to anexisting home, your septic system must beinspected.

15. Have there been any problems withprivate wells in the area?

■■ Low yield

■■ Nitrate

■■ Pesticides

■■ Bacteria

■■ Iron

■■ Sulfide

Note: Pose this question to several neigh-bors and the county sanitarian or healthofficial.

16. Is an underground fuel storage tankburied on the property?

■■ Yes

■■ No

■■ Don’t know

17. Is the property enrolled in anyspecial government program thatprovides tax relief but restricts use?

■■ Farmland Preservation Law

■■ Forest Crop Law

■■ Managed Forest Law

■■ Other

18. Are there any liens on the property?

■■ Unpaid real estate taxes

■■ Unpaid construction bills (mechanic’s liens)

■■ Court judgments

19. Are there any easements on theproperty?

■■ None

■■ Yes and acceptable

■■ Unacceptable

20. Are there any restrictive covenantson the deed?

■■ None


■■ Unacceptable

21. Are there any plans to build a gov-ernmental facility or public utility inthe area?

■■ None


■■ Unacceptable

■■ Don’t know

22. Can I afford…?

■■ The land

■■ Planned improvements

■■ Maintenance of improvements

■■ Utilities

■■ Property taxes

■■ Well system

■■ Septic

■■ Travel to property

23. How will my family be affected if wemove to the country?

■■ More time together

■■ More wholesome outdoor recreation

■■ Healthy environment

■■ More time commuting

■■ Fewer cultural opportunities

■■ Less opportunity for after-school activities

24. Will we want to live in the countryafter the children are grown?

■■ Yes

■■ No

■■ Uncertain

25. Am I comfortable with local socialcustoms?

■■ Comfortable

■■ Not comfortable

■■ Don’t know local customs


Authors: Lowell Klessig is a professor of human dimensions of natural resource management and an Extension specialist with the College of NaturalResources, University of Wisconsin–Stevens Point. He has held a real estate broker’s license and chaired a small real estate investment corporation. Heowns and manages an 80-acre beef farm and 160 acres of woodland.

Mike Kroenke is the Extension educator for the Lake Superior Basin. He served as the community resource development agent in Florence and ForestCounties and he was previously a farmer and partner in a family logging, sawmill and home building business.

Production of this publication was supported in part by the Renewable Resources Extension Act (United States Department of Agriculture), whichprovided funding for graduate assistance from David Behm and John Leatherman.

The authors gratefully acknowledge the assistance of the following reviewers: S. Brazzale, S. Craven, C. Hauge, R. Hennings, G. Jackson, D. Klessig, D.Last, J. Martin, L. Mauman, J. Peterson, R. Schmidt, B. Shaw, J. Stier, J. Tyler, P. Voss and D. Yanggen.

Photos by Doug Moore, University of Wisconsin-Stevens Point

Illustrations by Carol Watkins

Editor: Meg Gores

Designer: Susan Anderson

Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture,University of Wisconsin–Extension, Cooperative Extension. University of Wisconsin–Extension provides equal opportunities in employment and pro-gramming, including Title IX and ADA requirements. If you need this information in an alternative format, contact the Office of Equal Opportunityand Diversity Programs or call Extension Publishing at (608)262-2655.

© 1999 by the Board of Regents of the University of Wisconsin System doing business as the division of Cooperative Extension of the University ofWisconsin–Extension. Send inquiries about copyright permission to: Director, Cooperative Extension Publishing, 201 Hiram Smith Hall, 1545Observatory Dr., Madison, WI 53706.

You can obtain copies of this publication from your Wisconsin county Extension office or from Cooperative Extension Publications, Room 170, 630 W.Mifflin Street, Madison, WI 53703 (608)262-3346. Outside Madison, call our toll free number: 1-877-WIS-PUBS (947-7827). Before publicizing,please check on this publication’s availability.

To see more Cooperative Extension publications, visit our Web site: http://www.uwex.edu/ces/pubs/

Country Acres (G3309) I-8-99-2.5M- 750

Documents

Country Acres: A Guide to Buying and Managing Rural Property