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.
NR 46.18(5)(bm)1.
1. Management plans shall be approved by the department no later than October 1 of the year in which the order of designation will be issued. The department shall approve a management plan if all the following apply:
NR 46.18(5)(bm)2.
2. As a condition of designating the land for plans prepared by the department, the applicant shall pay the management plan fee no later than October 1 of the year in which the order of designation will be issued.
NR 46.18(5)(bm)3.
3. Failure to have a management plan approved by the department on or before October 1 of the year in which the order of designation will be issued or a later date agreed to by the department, conditioned by s.
77.82 (9), Stats., will result in a denial of the application.
NR 46.18 Note
Note: The treatment of sub. (5) as revised and published in July 2005 and May 2006, first applies to management plans that are filed on or after November 1, 2005.
NR 46.18(6)
(6) Modification of designation of closed or open areas. A landowner may modify the designation of a closed or open area twice during the period beginning with April 28, 2004 and ending with the expiration date of the order. Requests for changes in the open/closed designation shall be in writing or on department forms filed with the department. Requests received by the department no later than December 1 in a given year will be eligible to be effective the following January 1. Requests received by the department after December 1 and before the end of the year, shall be effective January 1 of the second year beginning after the year in which the form is received.
NR 46.18 Note
Note: Requests to change the open/closed status must be filed by the deadline at: Division of Forestry, Bureau of Forest Management, Forest Tax Section, PO Box 7963, Madison, WI 53707.
NR 46.18 Note
Note: This section interprets and administers ss.
77.82 (3) and
(7) and
77.83 (1) and
(1m), Stats., which describe further requirements for the management plan and designation of closed areas.
NR 46.18(8)(a)2.
2. The management plan fee will be based on a formula established in this section. The fee assessed shall be the fee in effect on the June 2 following the date the application was filed.
NR 46.18(8)(b)
(b) On June 2 of each year the statewide management plan fee shall be calculated. The management plan fee shall consist of a cost per acre rate. The rates shall be calculated by averaging the cost preparation data submitted by independent certified plan writers under
s. NR 46.165 (4) (f) from the 12-month period ending on the prior May 1.
NR 46.18 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86; am. (6),
Register, October, 1991, No. 430, eff. 11-1-91; am. (5),
Register, October, 1997, No. 502, eff. 11-1-97; am. (6),
Register, October, 2000, No. 538, eff. 11-1-00;
CR 03-034: renum. and am. (1) (a) and (b), cr. (1) (b) and (c)
Register October 2003 No. 574, eff. 11-1-03;
CR 04-136: am. (5) and (6)
Register July 2005 No. 595, eff. 8-1-05; emerg. am. (5) (a) 1. to 3. and (b) (intro.) and 1., cr. (7) and (8), eff. 10-4-05;
CR 05-087: am. (5) (a) 1. to 3. and (b) (intro.) and 1., cr. (7) and (8)
Register May 2006 No. 605, eff. 6-1-06;
CR 06-027: am. (2) (c) and (e)
Register October 2006 No. 610, eff. 11-1-06;
CR 09-031: am. (5) (a) 1. to 3.
Register November 2009 No. 647, eff. 12-1-09;
CR 10-031: am. (2) (d) Table and (8) (b), cr. (5) (c), r. (7) (c)
Register October 2010 No. 658, eff. 11-1-10;
CR 11-013: r. (1), (5) (a) 1. a., c., (b), (c), (7), (8) (a) 1., renum. (4) (intro.), (b) to (e) to be (4) (a) (intro.), 2. to 5., renum. (4) (a) to be (4) (a) 1. and am., cr. (4) (b), am. (5) (a) (intro.), 1. (intro.), b., d., 2., 3., (8) (a) (intro.), 2., (b)
Register December 2011 No. 672, eff. 1-1-12; (5) (intro.), (a), (8) (a) (intro.) renumbered to be (5) (am), (bm), (8) (a) 1m. under s. 13.92 (4) (b) 1., Stats.,
Register December 2011 No. 672.
NR 46.19(1)(1) An owner of land designated as managed forest land effective on or after April 28, 2004 may designate a maximum of 160 acres in the municipality as closed to public access in accordance with
sub. (3). Not more than 80 acres or 2 legal descriptions may be land designated as managed forest land prior to April 28, 2004.
NR 46.19 Note
Note: To be treated as a "legal description" all of the land with in it must be designated as managed forest land.
NR 46.19(2)
(2) An owner of land designated as managed forest land effective before April 28, 2004 may designate a maximum of 80 acres in the municipality as closed to public access in accordance with
sub. (3).
NR 46.19(3)
(3) A closed area may consist of either of the following:
NR 46.19(3)(a)2.
2. All of an owner's managed forest land within quarter quarter sections, government lots or fractional lots.
NR 46.19(3)(a)3.
3. An additional block of acreage within a legal description, not exceeding a length to width ratio of 4 to 1, unless limited by the size of the entry, to complete the total closed area.
NR 46.19(3)(b)
(b) Any combination of 2 quarter quarter sections, government lots or fractional lots if the owner owns all of the land in the legal description.
