Statement of Scope
Department of Natural Resources
Relating to: | Revision of NR 46 relating to the forest tax programs (MFL and FCL) |
1. Finding/nature of emergency (Emergency Rule only):
The rules will be proposed as permanent rules.
2. Detailed description of the objective of the proposed rule:
The Bureau of Forest Management recommends amending ch. NR 46, Wis. Adm. Code, to become consistent with statutory changes in ch. 77, Wis. Stats. 2015 Wisconsin Act 358 was signed into law on April 14, 2016. This act made a number of changes to the administration of the Forest Tax Programs. Chapter NR 46, Wis. Adm. Code, needs to be amended as a result of Act 358 to reflect current statutory language. Additional changes to ch. NR 46, Wis. Adm. Code, may also be pursued in this proposed rule to incorporate longstanding policy into rule as well as to streamline and clarify administration of the MFL and FCL programs. A narrative description of many of the statutory changes to the Forest Tax programs that will need to be accounted for in the proposed rule can be found in the Act 358 Final Program guidance (document attached).
(See PDF)
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
The proposed rule will amend a number of existing policies to conform with the new statutory requirements enacted with the passage of Act 358. The Department did not prepare an analysis of policy alternatives since the proposed rule making is intended to update the rule to align with statutory modifications, incorporate longstanding policy and will otherwise be aimed at providing clarification and clean-up where appropriate.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
The Department is granted general authority to interpret statutory authority by s. 227.11(2)(a), Wis. Stats. Additional authority is granted to implement and administer the Forest Tax programs in ch. 77, Wis. Stats. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Department anticipates that approximately 1500 hours of state employee time will be required to complete the proposed rule.
6. List with description of all entities that may be affected by the proposed rule:
Landowners who have lands enrolled in the MFL or FCL programs, or who will purchase or enroll lands in the MFL and FCL programs in the future.
Certified plan writers who implement the MFL and FCL programs by writing management plans, and helping landowners follow management plans.
Private forest industry and private foresters who conduct mandatory practices on lands enrolled in tax law programs.
Department foresters who implement and administer the provisions of the MFL and FCL program.
Towns and municipalities that collect taxes from MFL and FCL landowners.7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There are no existing or proposed federal regulations to compare with Wisconsin’s Managed Forest Law or Forest Crop Law programs.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
There are significant economic impacts associated with the passage of Act 358 in April 2016; the proposed changes to ch. NR 46, Wis. Adm. Code, will not discuss these impacts. Here, only the economic impacts resulting from the DNR’s implementation discretion to add requirements through the rule process or clarify statutory provisions is evaluated. It is anticipated that the proposed changes to ch. NR 46, Wis. Adm. Code, will have minimal to moderate economic impacts and will not have an impact on small businesses. A more detailed economic impact analysis will be performed as part of the proposed rulemaking process. 9. Anticipated number, month and locations of public hearings:
Because the statutory changes to the Forest Tax Programs were substantial, a significant amount of time and effort will be needed to complete this process. During this process, the Department will be working collaboratively with a team comprised of internal experts and external partners in order to elicit as much input as possible on the proposed changes. As this process unfolds, the Department will be better able to evaluate the extent of the changes and the potential impact. In response to this evaluation the Department will schedule the number and locations of public hearings recognizing the locations throughout the state of those most impacted by the proposed rule changes. Public hearings will tentavily be scheduled in early 2018.
Contact Person:
Amanda Swearingen (608)228-6494
Bureau of Forest Management
