NR 46.09 History
Cr. Register, October, 2000, No. 538
, eff. 11-1-00.
For terms used in this subchapter, the following definitions apply:
"Applicant" means any person who has an ownership interest either in fee or equity or established by statute.
"Building" means a permanent structure having a roof supported by posts, columns or walls.
"Capable of producing 20 cubic feet of merchantable timber per acre per year" means land determined capable of such production according to normal yield tables published by the North Central Forest Experiment Station and the Lake States Forest Experiment Station and meeting one of the following size and minimum density classifications:
- See PDF for table
NR 46.15 Note
Note: Copies of normal yield tables are available for review at the Department of Natural Resources, 101 South Webster St., Box 7921, Madison, WI 53707.
"Commercial logging operation" means the cutting of forest products in accordance with the department approved management plan, under a written contract or by employees of the owner, during a specified time period.
"Consideration" means a benefit to the promisor or a detriment to the promisee, including the receipt of cash, goods, or in-kind services. Consideration does not include payments received from a governmental body or non-profit organization where the purpose of the payment is to provide public access for a recreational activity.
NR 46.15 Note
This definition clarifies the legislative intent of 2007 Wisconsin Act 20
which prohibits receiving consideration for recreation on MFL land. The definition of "consideration" is not meant to prohibit landowners, neighbors, and friends from assisting each other in property management activities, such as clearing and maintaining fences, watching each other's properties, or sharing land management activities (such as conducting timber stand and wildlife habitat improvement projects where several parties could collectively supply the proper equipment). The definition of "consideration" is also not meant to prohibit hunters and other recreational users from thanking landowners for recreating on their lands or providing a gift for the use of the land, as long as the gift is reasonable and given freely. DNR encourages friendly hunter-landowner relationships. The definition of "consideration" is meant to prevent landowners from requiring cash, goods, and services from recreational users as a condition for using lands under the MFL program for recreational uses. In other words, landowners are prohibited from requiring that a recreational user pay cash (for example pay a lease on non-MFL lands, a hunting lodge or cabin, vehicle parking space, or making a donation to a charity or fund raiser), provide a material good (for example an ATV, culvert, gravel, television, or any other household or non-household item), or provide a service (for example shingle and put siding on a house, build a wildlife pond, restore an antique automobile, bail hay or harvest grain, etc.) as a condition for permitting recreation on their MFL land.
"Contiguous" means in actual contact with or touching at some point.
"Correction order" means an order of the department to correct a previously issued managed forest land order.
"Cover type" means vegetation of a predominant species or group of species, or, if timber, by predominant species or group of species, size and density, which is an area 2 acres or more in size.
"Department" means the department of natural resources.
"Developed for commercial recreation" means the alteration of the land or its features or the addition of improvements which impede, interfere with or prevent the practice of forestry.
"Developed for human residence" means land that contains a building for habitation that is constructed or used as a domicile or that has a minimum of 5 of the following 8 characteristics:
or more in total area, using exterior dimensions of living space, including each level and not including porches, decks or uninsulated screen porches.
Indoor plumbing including water and sewer, piped to either municipal or septic system.
Central heating or cooling, including electric heat, a furnace or heat with a circulation system.
Full or partial basement, excluding crawl spaces and frost walls.
Electrical service by connection to the lines of a power company.
Attached or separate garage, not to include buildings for vehicles used primarily for work or recreation on the property.
NR 46.15 Note
Note: "Developed for human residence" is not meant to include storage or workshop buildings. If there is living space as part of such buildings, the living space will be compared against the 8 characteristics.
"Developed for industry" means the alteration or use of the land for the purpose of conducting trade, production or manufacturing activities other than forest products production.
"Developed for use incompatible with the practice of forestry" means the alteration or use of the land for any purpose which impedes, interferes with or prevents the practice of forestry.
NR 46.15 Note
Note: This definition does not prevent activities authorized in a department approved management plan.
"Domicile" means a place of permanent residence evidenced by voting, personal income tax or driver's license records.
"Farmland" means former agricultural land lying idle and presently not producing 20 cubic feet of merchantable timber per acre per year.
NR 46.15 Note
Note: Active agricultural land is not eligible for entry as it is an incompatible use.
"Grazing" means the feeding on living plants by domestic animals except animals used during timber cutting operations.
"Hunting" means shooting, shooting at, pursuing, taking, catching or killing any wild animal or animals other than by trapping.
"Incompatible with existing uses of the land" means land which is within a recorded plat, whether as a subdivision defined under s. 236.02 (12)
, Stats., or other division of land recorded pursuant to s. 236.03 (1)
"Independent certified plan writer" means a certified plan writer not acting under contract with the department.
"Legal description" means the location of land as determined by U.S. government survey plat by township, range, section and quarter quarter section, fractional lot or government lot.
"Managed forest land" means land designated as such under the forest tax program established in ss. 77.80
"Municipality" means a town, village or city.
"Non-stocked land" means land capable of producing 20 cubic feet of merchantable timber per acre per year but not adequately stocked with appropriate forest trees meeting one of the size and minimum density classifications established in sub. (2)
at the time of designation.
"Owner" or "ownership" means one with an interest in the land in fee or in equity, including that of a grantee of a land contract prior to satisfaction of all conditions of the contract, a trust or similar entity, or as established by statute.
"Owner's dwelling" means the landowner's domicile.
"Parcel" means for the purpose of determining eligibility for designation as managed forest land under s. 77.82
, Stats., the acreage of contiguous land described in the application which is under the same ownership.
"Same ownership" means an ownership interest in land in fee or equity by the same person or in joint or co-ownership, whether owned by one owner "and" another or one owner "or" another, as indicated on the instrument of title.
"Sound forestry practices" means timber cutting, transporting and forest cultural methods recommended or approved by the department for the effective propagation and improvement of the various timber types common to Wisconsin. "Sound forestry practices" also may include, where consistent with landowner objectives and approved by the department, the management of forest resources other than trees including wildlife habitat, watersheds, aesthetics and endangered and threatened plant and animal species.
"Wood products" or "forest products" means those items listed on the current schedule of stumpage values for severance or yield tax in s. NR 46.30
NR 46.15 History
Cr. Register,October, 1986, No. 370
, eff. 11-1-86; r. and recr. (8), Register, October, 1992, No. 442
, eff. 11-1-92; r. (25) (a), renum. (intro.) and (b) and am., Register, October, 1994, No. 466
, eff. 11-1-94; r. and recr. (9), Register, December, 1998, No. 516
, eff. 1-2-99; correction in (15) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1998, No. 516
; correction in (13) made under s. 13.93 (2m) (b) 7., Stats; CR 03-034
: cr. (26m) Register October 2003 No. 574
, eff. 11-1-03; CR 04-136
: cr. (2m) and (20m), am. (21), r. (27) Register July 2005 No. 595
, eff. 8-1-05; emerg. cr. (18m) and (20s), eff. 10-4-05; CR 05-087
: cr. (18m) and (20s) Register May 2006 No. 605
, eff. 6-1-06; CR 07-024
: am. (25), Register October 2007 No. 622
, eff. 11-1-07; CR 08-023b: cr. (3m), am. (23) Register February 2010 No. 650
, eff. 3-1-10; CR 11-013
: renum. (1) to be (1m), r. (20s), am. (18), (25), renum. (26) to be (1) and am. Register December 2011 No. 672
, eff. 1-1-12.
Managed forest land application. NR 46.16(1)(1)
An application for designation of land as managed forest land shall be signed by all owners on forms provided by the department and filed as follows:
Applications shall be postmarked or received by the department no later than June 1 to be considered for designation effective the following January 1.
Notwithstanding par. (a)
, applications from owners of land entered as forest cropland under s. 77.02
, Stats., subject to an ownership change within 18 months prior to the end of the contract period shall be postmarked or received by the department no later than July 1 or later for good cause to be considered for designation effective the following January 1.
Lands subject to an ownership change after the application deadline, but before the order of designation has been issued, may not be designated as managed forest land for the year for which the original application was submitted. Ownership changes taking place after the issuance of an order of designation shall be processed as a normal transfer after January 1. The new owner shall submit a new and complete application by the next applicable deadline. The department may designate land that remains under the original ownership effective January 1 of the year for which the original application was submitted providing the remaining land qualifies for entry.
Each application submitted to the department for a new designation or a conversion of forest cropland to managed forest land shall include a nonrefundable application fee of $30.00 per county in which the land that is the subject of the application is located.
NR 46.16 Note
This subsection interprets and administers s. 77.82 (2m)
, Stats., relating to application fees.
A copy of the recorded legal instrument giving the applicant an ownership interest in the land subject to the application shall accompany and be part of the application.
The applicant shall furnish a copy of a recent property tax bill or other documentation showing the parcel identification number used by that county to identify the specific real estate parcel being applied for designation.
Upon request by the department, the applicant shall also submit a copy of the legal instrument giving the applicant an ownership interest in all land in the same municipality which is contiguous to the land subject to the application.
Upon request by the department, the applicant shall furnish further documentation on the establishment, by-laws, agreements or the status of corporations, partnerships, trusts and cooperatives having an ownership interest in the land subject to the application.
A copy of any certified survey map recorded for the land subject to the application, or referenced in the legal instrument provided under par. (a)
and pertaining to land adjacent to land subject to the application shall accompany and be part of the application.
A management plan, on forms provided by the department, by all persons with an ownership interest.
A map, on forms provided by the department, showing land eligible for designation and areas designated as closed to public access under s. 77.83
, Stats. The map shall show major land features, using conventional map symbols, and vegetation cover types indicating species, size and density where appropriate.
Reconnaissance data and scheduled practices on forms provided by the department.
NR 46.16 Note
Note: Forms can be obtained by contacting the Division of Forestry, Bureau of Forest Management, PO Box 7921, Madison, WI 53707.
Any person holding encumbrances on the land subject to the application shall sign the application prior to its filing to indicate agreement with it.
(4) Unpaid taxes.
The applicant shall upon request of the department furnish proof acceptable to the department that taxes are paid in full.
(5) Same ownership.
All eligible land under the same ownership and located in the same municipality when applied for designation in the same year, shall be designated under the same order of designation. All eligible land under the same ownership that crosses any municipal boundary where land designated for entry in any one municipality is less than 10 acres in size or less than 80% productive, when applied for designation in the same year, shall be designated under the same order of designation.
(6) Application amendments.
An application for designation of land as managed forest land may be altered or amended to accurately reflect lands eligible for entry prior to issuance of the order of designation.
An owner may apply to the department to designate 10 or more acres of land as managed forest land which is contiguous to land that was designated as managed forest land on or after April 28, 2004 as an addition to the previously designated and contiguous managed forest land. If the application for an addition is for land which is contiguous to land that was designated as managed forest land on or after April 28, 2004 in an adjacent municipality, the land must be designated under a separate order if it meets the eligibility requirements under s. NR 46.17
and s. 77.82 (1) (a)
The department shall refer all requests for managed forest law applications to certified plan writers.
The department may agree to develop an application to be filed under s. 77.82 (2)
, Stats., if, by the January 1 prior to the application deadline, services by an independent certified plan writer are not available in the county in which the land is located. The department shall notify the owner in writing if the department agrees to prepare the management plan. Managed forest law applications includes requirements under s. 77.82 (2)
, and (3)
, Stats., and s. NR 46.16 (1)
, and (6)
, and s. NR 46.18
NR 46.16 Note
This section interprets and administers s. 77.82 (1)
and (7) (c)
, Stats., relating to submission of a petition for designation, and s. 77.82 (7) (a) 5.
, Stats., regarding payment of taxes. Further petitioning requirements and provisions are contained in s. 77.82 (2)
NR 46.16 History
Cr. Register, October, 1986, No. 370
, eff. 11-1-86; cr. (7), Register, October, 1987, No. 382
, eff. 11-1-87; am. (4), Register, October, 1990, No. 418
, eff. 11-1-90; cr. (1) (c), Register, October, 1994, No. 466
, eff. 11-1-94; am. (1) (b), Register, October, 1995, No. 478
, eff. 11-1-95; am. (2), Register, October, 1997, No. 502
, eff. 11-1-97; cr. (8), Register, December, 1998, No. 516
, eff. 1-2-99; cr. (1) (b) 3., Register, October, 2000, No. 538
, eff. 11-1-00; CR 03-034
: am. (1) (c) Register October 2003 No. 574
, eff. 11-1-03; CR 04-136
: r. and recr. (1), am. (2) (a) and (7), cr. (2) (e) Register July 2005 No. 595
, eff. 8-1-05; CR 07-024
: cr. (1) (e), am. (5), Register October 2007 No. 622
,. eff. 11-1-07; CR 09-031
: am. (5) Register November 2009 No. 647
, eff. 12-1-09; CR 08-023b: am. (1) (b) and (6) Register February 2010 No. 650
, eff. 3-1-10; CR 10-031
: cr. (1) (cm), am. (7) Register October 2010 No. 658
, eff. 11-1-10; CR 11-013
: am. (1) (intro.), (a), (cm), (d), (e), (2) (a) to (e), (3) to (7), r. (1) (b), (c), (8), cr. (2) (f), (g), (h), (9) Register December 2011 No. 672
, eff. 1-1-12.
The purpose of this section is to establish a program to identify and qualify non-department individuals to become certified to prepare management plans for the department under the managed forest land program.
(2) Training materials and guidance.
The department shall provide training materials and department guidance for management plan development.
(3) Certification requirements.
The department shall certify an individual as a plan writer if the individual:
Applies and submits information required consistent with application deadlines specified by the department on forms prepared and provided by the department for certification to prepare applications under the managed forest land program.