94.02 Abatement of pests.

(1)

(a) If the department finds any premises, or any plants, plant parts, or pest-harboring materials located thereon are so infested or infected with injurious pests as to constitute a hazard to plant or animal life in the state, or any area thereof, it may notify the owner or person having charge of such premises to that effect, and the owner or person in charge shall cause the treatment of the premises or the treatment or removal and destruction of infested or infected plants, host plants, or other pest-harboring material as directed in the notice within 10 days after such notice, except as provided in par. (b).

(b) If the department, in a notice provided under par. (a), directs the owner or person in charge to treat late blight of potatoes with an antisporulant, the owner or person in charge shall cause the treatment as directed in the notice within 24 hours after the notice is issued. If the department, in a notice provided under par. (a), directs the owner or person in charge to remove and destroy infected plants, host plants, or other pest-harboring material due to the existence of late blight of potatoes, the owner or person in charge shall cause the removal and destruction as directed in the notice within 72 hours after the notice is issued. The department may extend the time periods for compliance under this paragraph if it determines that the treatment or the removal and destruction cannot be completed within the applicable time period.

(c) No person may violate the terms of any notice received under this subsection, nor may any damages be awarded to the owner for such treatment, removal or destruction. Any person affected by a notice or order may appeal to the department and request a hearing under s. 94.01 (2).

(2) If the owner or person in charge fails to comply with the terms of the notice within the time period described in sub. (1), the department or any cooperating local unit of government may proceed to treat the premises or to treat or destroy the infested or infected plants or other material. The expense of such abatement shall be certified to the town, city or village clerk and assessed, collected and enforced against the premises upon which such expense was incurred as taxes are assessed, collected, and enforced, and shall be paid to the cooperating unit of government incurring the expense, or into the general fund if the control work was conducted by the department.

(3) If a serious pest outbreak constituting a significant threat to agricultural production or plant life occurs, and cannot be adequately controlled by individual property owners or local units of government in any area of this state, the department may petition the joint committee on finance for emergency funds with which to conduct needed control work independently or on a cooperative basis with the federal or local units of government.

(4) This section does not affect the authority of the department of natural resources under ch. 26.

History: 1975 c. 394 ss. 5, 19; 1975 c. 421; Stats. 1975 s. 94.02; 1977 c. 418; 1981 c. 20; 2011 a. 254; 2017 a. 45.