Ch. 823: Nuisances · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 823.075 shields forestry operations that conform to generally accepted forestry management practices from being found a nuisance, including over ownership changes or new technology, and lets a defendant who prevails recover costs and attorney fees.
(a)“Department” means the department of natural resources.
(b)“Forest” means a parcel of land in which at least 80 percent of the parcel is producing or is capable of producing at least 20 cubic feet of merchantable timber, as defined in s. 77.81 (3), per acre per year.
(c)“Forestry operation” means any activity related to the harvesting, reforestation, and other forest management activities, including thinning, pest control, fertilization, and wildlife management.
(d)“Generally accepted forestry management practices” means forestry management practices that promote sound management of a forest, as determined by the department by rule. The rule promulgated by the department may incorporate by reference the most recent version of the department’s publication known as Wisconsin Forest Management Guidelines and identified as publication number PUB-FR-226.
(2)A forestry operation is not a nuisance if the forestry operation alleged to be a nuisance conforms to generally accepted forestry management practices.
(3)A forestry operation that conforms to generally accepted forestry management practices is not a nuisance as a result of any of the following:
(a)A change in ownership or size of a forest.
(b)Cessation or interruption of forestry operations.
(c)Enrollment of all or part of the forest in governmental forestry or conservation programs.
(d)Adoption of new forestry technology.
(4)In any action in which a forestry operation is alleged to be a nuisance, if the party who was alleged to commit the nuisance prevails, the court may award that party the actual and necessary costs incurred in the action and, notwithstanding s. 814.04 (1), reasonable attorney fees.
Plain-English Summary
Section 823.075 gives forestry operations a defense against nuisance claims. It defines the department as the department of natural resources, a forest as a parcel where at least 80 percent produces or can produce at least 20 cubic feet of merchantable timber per acre per year, a forestry operation as activity tied to harvesting, reforestation, and other forest management, including thinning, pest control, fertilization, and wildlife management, and generally accepted forestry management practices as those the department identifies by rule, which may incorporate the department’s Wisconsin Forest Management Guidelines.
With those terms defined, the section states the core protection: a forestry operation is not a nuisance if it conforms to generally accepted forestry management practices. That protection holds even against several specific challenges — a change in the forest’s ownership or size, a cessation or interruption of the forestry operations, enrollment of all or part of the forest in governmental forestry or conservation programs, and adoption of new forestry technology do not turn a conforming operation into a nuisance.
The section also shifts litigation risk toward plaintiffs who lose. If a party alleged to have committed a forestry nuisance prevails in the action, the court may award that party the actual and necessary costs incurred in the case and, despite the general cost rule in s. 814.04 (1), reasonable attorney fees.
Frequently Asked Questions
Can a properly run logging operation be sued as a nuisance in Wisconsin?
Not if it conforms to generally accepted forestry management practices. Section 823.075 states that a forestry operation meeting that standard is not a nuisance.
Does selling the forest or changing its size expose the new owner to a nuisance claim?
No. Section 823.075 says a change in ownership or size of a forest does not turn a conforming forestry operation into a nuisance.
What counts as a “generally accepted forestry management practice”?
A practice that promotes sound forest management, as determined by the department of natural resources by rule, which may incorporate the department’s Wisconsin Forest Management Guidelines publication.
Can the defendant recover attorney fees if a forestry nuisance claim fails?
Yes. Section 823.075 lets the court award actual and necessary costs and reasonable attorney fees to a party alleged to have committed a forestry nuisance who prevails, notwithstanding s. 814.04 (1).
Does temporarily pausing logging operations create nuisance exposure?
No. Section 823.075 lists cessation or interruption of forestry operations among the changes that do not make a conforming operation a nuisance.
Amendment History
History: 2005 a. 79.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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