Wisconsin Statutes
Wis. Stat. § 26.05 (2026)
Timber theft
✓ current as of July 2026
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26.05(1)(1) Definition. In this section, “raw forest products” means forest products not altered by a manufacturing process off the land from which they are taken and includes seedlings, saplings, shrubs, whole-tree chips, boughs, logs, pilings, posts, poles, cordwood products, pulpwood, fuel wood and Christmas trees.
26.05(2)(2) Consent of owner required. No person may cut, remove or transport raw forest products or direct the cutting, removal or transportation of raw forest products without the consent of the owner.
26.05(3)(a)(a) A person who violates this section or a rule promulgated under this section is subject to a forfeiture of not less than $100 nor more than $10,000.
26.05(3)(b)(b) Instead of the forfeiture provided under par. (a), a person who intentionally violates this section, or a rule promulgated under this section, may be punished under s. 943.20 for theft.
26.05(3)(c)(c) In addition to any other penalty, a person who violates this section, or a rule promulgated under this section, is liable for the reasonable costs incurred to establish the volume and value of the raw forest products cut, removed or transported.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 1952–2025 · leading case: Heritage Farms, Inc. v. Markel Ins. Co., 2009 WI 27 (Wis. 2009).
Heritage Farms, Inc. v. Markel Ins. Co., 2009 WI 27 (Wis. 2009). “For example, Wis. Stat. § 26.05 (3) (c) provides that "in addition to any other penalty," a person who violates § 26.”
Heinrich v. Bagg (In re Bagg), 589 B.R. 650 (Bankr. E.D. Wis. 2018). “Unhappy that the lawsuit had cost him a substantial economic gain, Heinrich responded to the Baggs' complaint by denying the Baggs' adverse possession allegations and counterclaiming for unlawfully harvesting timber in violation of Wis. Stat. § 26.05 (a Wisconsin statutory…”
O'NEILL v. Reemer, 2003 WI 13 (Wis. 2003). “33 (2) were not a bar and the O'Neills succeeded in establishing ownership by adverse possession, they would be entitled to damages for any loss under Wis. Stat. §§ 26.05 and 26.09. 4 We note that Wis.”
State v. Biller, 55 N.W.2d 414 (Wis. 1952). “) The defendants were charged with violating sec. 26.05, Stats., reading as follows: “Timber larceny.”
Swedowski v. Westgor, 109 N.W.2d 549 (Wis. 1961). “” 6 Sec. 26.05, Stats., is now entitled “Timber theft” and provides: “Any person who unlawfully cuts or directs or contracts for the cutting of forest products on the lands of another as defined in sec.”
Tydrich v. Bomkamp, 558 N.W.2d 692 (Wis. Ct. App. 1996). “See §§ 26.05, 26.06, 943.20 and 943.34, Stats.”
Heinrich v. Bagg (E.D. Wis. 2023). “Judge Mueller also found that the Baggs had violated Wis. Stat. §26.05 (prohibiting the cutting, removing or transporting of raw forest products without the consent of the owner), entered judgment in favor of Heinrich on his counterclaim for unlawful harvesting of timber and…”
The Est. of Brian Collins v. Milwaukee Cnty. (E.D. Wis. 2023). “Judge Mueller also found that the Baggs had violated Wis. Stat. §26.05 (prohibiting the cutting, removing or transporting of raw forest products without the consent of the owner), entered judgment in favor of Heinrich on his counterclaim for unlawful harvesting of timber and…”
State v. John R. Phelan (Wis. Ct. App. 2025). “§ 26.05, then the warden is to “as soon as possible make a thorough investigation and institute proceedings if the evidence warrants it.”
— Wis. Stat. § 26.05(3)(c) — 1 case
Heritage Farms, Inc. v. Markel Ins. Co., 2009 WI 27 (Wis. 2009). “For example, Wis. Stat. § 26.05 (3) (c) provides that "in addition to any other penalty," a person who violates § 26.”
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