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.
NR 46.18(2)(2)
Mandatory practices. The management plan shall be prepared on forms provided by the department, signed by all owners and shall include a list of stands subject to mandatory practices, a schedule of completion dates and a description of the mandatory practices to be undertaken during the term of the order. The following practices, if determined applicable by the department, shall be addressed in the management plan:
NR 46.18(2)(a)
(a) Harvesting mature timber according to sound forestry practices.
NR 46.18(2)(b)
(b) Thinning plantations and natural stands for merchantable products according to sound forestry practices.
NR 46.18(2)(c)
(c) Release of conifers and hardwoods from competing vegetation.
NR 46.18(2)(e)
(e) Post-harvest and pre-harvest treatment to insure adequate regeneration.
NR 46.18(2)(f)
(f) Soil conservation practices that may be necessary to control any soil erosion that may result from department approved forestry practices.
NR 46.18(3)(a)(a) The management plan may contain a schedule of approved but not mandatory forestry practices.
NR 46.18(3)(b)
(b) The management plan may contain a schedule of approved but not mandatory practices for the management of forest resources other than trees including wildlife habitat, watersheds, and aesthetic features as follows:
NR 46.18(3)(b)1.
1. No more than 20% of an owner's total contiguous designated managed forest land acreage may be non-stocked land, land unsuitable for producing merchantable timber or a combination of both. For purposes of this determination, the department shall consider only cover types comprising 2 or more acres.
NR 46.18(3)(b)2.
2. On the 80% of a managed forest land parcel required to produce or be capable of producing 20 cubic feet per acre per year, practices for the management of forest resources other than trees may be approved consistent with owner objectives as provided in
subd. 2. a. and
b.
NR 46.18(3)(b)2.a.
a. The creation of openings and other vegetative cover not producing forest products at the level meeting minimum eligibility requirements under s.
77.82 (1) (a) 2., Stats., may be approved so long as the total area of openings or vegetative cover, combined with land unsuitable for producing merchantable timber and non-stocked land, does not exceed 20% of the managed forest land parcel.
NR 46.18(3)(b)2.b.
b. In addition to practices approved under
subd. 2. a., other practices may be approved on managed forest land to accomplish the objectives of the owner relating to forest resources other than trees if such approved practices do not significantly alter the value of the merchantable stand of timber or preclude the growing of future forest crops for commercial use. Such approved practices may include, where consistent with the landowner's objectives, dividing clear-cuts into smaller blocks, shortening or lengthening rotations, creating irregular cutting boundaries, leaving uncut small stands, strips or individual trees on clear-cut, modifying residual basal area on partial cuts, modifying species composition, reserving den or cavity trees, substituting partial cuts for clear-cuts or substituting clear-cuts for partial cuts.
NR 46.18(4)(a)(a) The requirements of this section for management plans may be modified by the department for ownerships exceeding 1,000 acres after consideration of the following:
NR 46.18(4)(a)1.
1. Other land of the owner entered as managed forest land, forest crop land or other forest tax law programs administered by the department.
NR 46.18(4)(a)2.
2. The number of counties in which lands proposed for entry or renewal or the owner's existing managed forest land and forest crop land and woodland tax law lands lie.
NR 46.18(4)(a)3.
3. The existence and availability for review of a management plan prepared by or for the owner and acceptable to the department.
NR 46.18(4)(a)4.
4. Submission of a written commitment from an owner to provide, upon department request, information from the management plan for review or audit. The commitment shall describe the management plan and outline the procedure used to update and amend the management plan.
NR 46.18(4)(a)5.
5. An owner's demonstrated consistent accessibility to competent technical forest management assistance through staff or consultant services.
NR 46.18(4)(b)
(b) A management plan under s.
77.82 (3), Stats., shall be developed by owners who no longer qualify as a large ownership in
sub. (4) (a). All items listed in
s. NR 46.16 (2) (f),
(g), and
(h) must be submitted to the department for approval within one year after being notified by the department of no longer meeting the requirements in
sub. (4) (a).
NR 46.18(5)
(5) Management plan as a condition of designation. NR 46.18(5)(am)(am) A management plan agreed to by the department and the owner is a condition of designation.
