NR 46.15(10)
(10) "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.
NR 46.15(11)
(11) "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.
NR 46.15(12)
(12) "Domicile" means a place of permanent residence evidenced by voting, personal income tax or driver's license records.
NR 46.15(14)
(14) "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.
NR 46.15(16)
(16) "Grazing" means the feeding on living plants by domestic animals except animals used during timber cutting operations.
NR 46.15(17)
(17) "Hunting" means shooting, shooting at, pursuing, taking, catching or killing any wild animal or animals other than by trapping.
NR 46.15(18)
(18) "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), Stats.
NR 46.15(18m)
(18m) "Independent certified plan writer" means a certified plan writer not acting under contract with the department.
NR 46.15(19)
(19) "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.
NR 46.15(20)
(20) "Managed forest land" means land designated as such under the forest tax program established in ss.
77.80 to
77.91, Stats.
NR 46.15(21)
(21) "Municipality" means a town, village or city.
NR 46.15(22)
(22) "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.
NR 46.15(23)
(23) "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.
NR 46.15(24)
(24) "Owner's dwelling" means the landowner's domicile.
NR 46.15(25)
(25) "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.
NR 46.15(28)
(28) "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.
NR 46.15(29)
(29) "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.
NR 46.15(33)
(33) "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
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.
NR 46.16
NR 46.16
Managed forest land application. NR 46.16(1)(1)
Application deadlines. 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:
NR 46.16(1)(a)
(a) Applications shall be postmarked or received by the department no later than June 1 to be considered for designation effective the following January 1.
NR 46.16(1)(cm)
(cm) 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.
NR 46.16(1)(d)
(d) 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.
NR 46.16(1)(e)
(e) 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
Note: This subsection interprets and administers s.
77.82 (2m) and
(4), Stats., relating to application fees.
NR 46.16(2)(a)(a) 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.
NR 46.16(2)(b)
(b) 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.
NR 46.16(2)(c)
(c) 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.
NR 46.16(2)(d)
(d) 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.
NR 46.16(2)(e)
(e) 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.
NR 46.16(2)(f)
(f) A management plan, on forms provided by the department, by all persons with an ownership interest.
NR 46.16(2)(g)
(g) 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.
NR 46.16(2)(h)
(h) 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.
NR 46.16(3)
(3) Encumbrances. Any person holding encumbrances on the land subject to the application shall sign the application prior to its filing to indicate agreement with it.
NR 46.16(4)
(4) Unpaid taxes. The applicant shall upon request of the department furnish proof acceptable to the department that taxes are paid in full.
NR 46.16(5)
(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.
NR 46.16(6)
(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.
NR 46.16(7)
(7) Additions. 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), Stats.
NR 46.16(9)(a)(a) The department shall refer all requests for managed forest law applications to certified plan writers.
NR 46.16(9)(b)
(b) The department may agree to develop an application to be filed under s.
77.82 (2),
(4),
(4g),
(4m) or
(12), 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),
(2m), and
(3), Stats., and
s. NR 46.16 (1),
(2),
(3), and
(6), and
s. NR 46.18.
NR 46.16 Note
Note: This section interprets and administers s.
77.82 (1),
(2) 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), Stats.
NR 46.16 History
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.
NR 46.165(1)
(1)
Purpose. 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.
NR 46.165(2)
(2) Training materials and guidance. The department shall provide training materials and department guidance for management plan development.
NR 46.165(3)
(3) Certification requirements. The department shall certify an individual as a plan writer if the individual:
NR 46.165(3)(a)
(a) 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.
NR 46.165(3)(c)
(c) Completes the basic training session sponsored by the department.
NR 46.165(3)(d)
(d) Submits within 120 days of attending the basic training session under
par. (c) any required training materials which must be reviewed and approved by the department.
NR 46.165(4)
(4) Certification maintenance. To maintain plan writer certification, the certified plan writer shall:
NR 46.165(4)(a)
(a) Comply with all guidelines, manuals and directives provided by the department at the time of application and during training to maintain certification status.
NR 46.165(4)(b)
(b) Prepare a minimum of one managed forest law management plan every 2 years which has been approved by the department.
NR 46.165(4)(c)
(c) Attend one department sponsored update training session each year.
NR 46.165(4)(d)
(d) Prepare managed forest law management plans consistent with department guidelines, manuals and directives.
NR 46.165(4)(f)
(f) On or before May 1 of each year submit a report of managed forest law management plan fees charged as an independent certified plan writer during the preceding 12 months in a method approved by the department. The report shall include the cost per acre, the county where the land was located and the acres covered by the plan.
NR 46.165(5)(a)(a) The department may revoke the certification of a plan writer for failure to comply with any certification maintenance requirements in
sub. (4).
NR 46.165(5)(b)
(b) Revocation may be for a period of no more than 2 years if revocation is the result of failure to comply with
sub. (4) (a) or
(d).
NR 46.165(5)(c)
(c) Certified plan writers shall be notified of the cause for revocation.
NR 46.165(6)(a)(a) If certification was revoked for a failure to comply with
sub. (4) (b),
(c),
(e) or
(f), the individual may immediately apply to be certified by completing the requirements under
sub. (3).
NR 46.165(6)(b)
(b) If certification was revoked for a failure to comply with
sub. (4) (a) or
(d), the individual may not apply to be certified until the period of revocation has been completed. Applicants shall:
NR 46.165(6)(b)2.
2. Submit within 120 days of attending the basic training session 2 managed forest law management plans prepared after the certification was revoked which are approved by the department.
NR 46.165 History
History: CR 04-136: cr.
Register July 2005 No. 595, eff. 8-1-05; emerg. cr. (4) (f) and am. (6) (a), eff. 10-4-05;
CR 05-087: cr. (4) (f), am. (6) (a)
Register May 2006 No. 605, eff. 6-1-06;
CR 10-031: am. (4) (f)
Register October 2010 No. 658, eff. 11-1-10;
CR 11-013: am. (3) (a), (d), (4) (f)
Register December 2011 No. 672, eff. 1-1-12.
NR 46.17
NR 46.17
Managed forest land eligibility. NR 46.17(1)(a)(a) A minimum of 80% of an entire managed forest land parcel shall be capable of producing merchantable timber as defined in
s. NR 46.15 (2).
NR 46.17(1)(b)
(b) No more than 20% of a managed forest land parcel may consist of land unsuitable for producing merchantable timber as provided in s.
77.82 (1) (b) 1., Stats., or non-stocked land as defined in
s. NR 46.15 (22) or a combination of those types of land.
NR 46.17(2)
(2) Minimum width. The minimum width of managed forest land is 120 feet except that segments less than 120 feet in width are permitted if the length to width ratio does not exceed 4 to 1.
NR 46.17(3)
(3) Buildings on managed forest land. Land adjacent to buildings which is landscaped, improved or has ornamental planting or other alteration of vegetation and the land under such buildings is not eligible for designation.
NR 46.17 Note
Note: Additional clarification of buildings ineligible for designation is covered in s.
77.82 (1) (b) 3., Stats., and s.
NR 46.15 (9).
NR 46.17 Note
Note: This section interprets and administers s.
77.82 (1), Stats., which describes further the eligibility requirements.
NR 46.17 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86; r. and recr. (2),
Register, October, 1989, No. 406, eff. 11-1-89.
