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(5)(dm)
(dm) Management plans submitted by June 1 that are returned to a certified plan writer by the department for revisions shall be resubmitted by September 15. Plans resubmitted after September 15 that are not approvable may be denied. Extensions may be granted with department approval.
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 shall be filed by the deadline. Forms may be obtained online at dnr.wi.gov, search keywords “Managed Forest Law”.
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(9)
(9)
Identified risk. Forest regeneration or health concerns that have foreseeable repercussions on stand productivity shall be identified in the management plan. These identified risks to lands enrolled that are identified in the management plan may not be the cause for an analysis under s.
NR 46.215.
NR 46.18(10)
(10)
Amending a management plan. Owners may amend their management plan under s.
77.82 (3) (f), Stats., for reasons that include:
NR 46.18(10)(a)
(a) Landowner requests a change that maintains the management plan's required compliance with the provisions of this chapter and subch.
VI of ch. 77, Stats.
NR 46.18(10)(b)
(b) The management plan is inaccurate or missing information.
NR 46.18(10)(c)
(c) On-the-ground conditions have changed since the time of entry to the extent that the prescribed practices in the plan are no longer considered sound forestry practices.
NR 46.18(10)(d)
(d) Changes in silvicultural research and practices, including invasive species management, to the extent that the prescribed practices in the plan are no longer considered sound forestry practices.
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; correction in (8) (a) 1m. made under s. 13.92 (4) (b) 7., Stats.,
Register January 2017 No. 733;
CR 18-086: am. (2) (intro.), renum. (2) (d) (intro.) to (2) (d) and am., r. (2) (d) (table), cr. (2) (g), am. (3) (b) 1., 2. a., r. (4) (a) 2., renum. (4) (a) 3. to (4) (a) 3. (intro.) and am., cr. (4) (a) 3. a., b., am. (4) (a) 4., cr. (4) (a) 6., r. and recr. (4) (b), cr. (4) (c), am. (5) (bm), cr. (5) (dm), (9), (10) Register February 2020 No. 770, eff. 3-1-20; corrections in (2) (e), (4) (b), (c), (10) made under s. 35.17, Stats., Register February 2020 No. 770. NR 46.185(1)(1)
Incomplete notice of intent to cut. In accordance with s.
77.86 (1) (b), Stats., landowners shall file a notice of intent to cut on department forms prior to cutting on managed forest law lands. Incomplete notices shall be returned to the submitter to be completed. The complete notice shall be submitted 30 days before cutting takes place.
NR 46.185(2)
(2)
Notices of intent to cut that require department approval. Department approval of a submitted complete notice is required prior to harvest if any of the following apply:
NR 46.185(2)(a)
(a) The notice does not conform to the approved management plan in place for the managed forest law land subject to the notice.
NR 46.185(2)(c)
(c) The owner requests on the form that the department review the notice.
NR 46.185(2)(d)
(d) The person who submits the notice does not certify on the form that they meet one of the requirements provided in s.
77.86 (1) (b) 2., Stats. For purposes of applying this paragraph, “full-time profession” as used in s.
77.86 (1) (b) 2., Stats., means full-time employment by a business or company in a position requiring specialized knowledge or training.
NR 46.185(3)
(3)
Expiration of notices of intent to cut. If the cutting has not commenced within 1 year of cutting notice submission or approval, as provided in s.
77.86 (3), Stats., the department may renew the cutting notice if all of the following apply:
NR 46.185(3)(a)
(a) The owner or filer are in communication with the department and have adequately shown that a plan for the cutting within a reasonable timeframe is in place.
NR 46.185(3)(b)
(b) A new notice would not be significantly different from the cutting notice on file, as determined by the department.
NR 46.185 History
History: CR 18-086: cr. Register February 2020 No. 770, eff. 3-1-20; correction in (1) made under s. 35.17, Stats., Register February 2020 No. 770. NR 46.19(1)(1)
Closed acreage limit. An owner of land designated as managed forest land may designate a maximum of 320 acres in the municipality as closed to public access in accordance with sub.
(3).
NR 46.19(3)
(3)
Closed area configuration. A closed area may consist of any combination of the following:
NR 46.19(3)(b)
(b) All of an owner's managed forest land within quarter quarter sections, government lots, or fractional lots.
NR 46.19(3)(c)
(c) An additional block of acreage within a quarter quarter section, government lot or fractional lot, if the additional block is contiguous to existing closed acreage, if applicable, and does not exceed a length to width ratio of 4 to 1, unless limited by the size of the entry.
NR 46.19 Note
Note: This section interprets s.
77.83 (1), Stats., which provides further direction on the establishment or designation of closed areas.
NR 46.19 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86; am.
Register, October, 1995, No. 478, eff. 11-1-95;
CR 04-136: r. and recr.
Register July 2005 No. 595, eff. 8-1-05;
CR 18-086: am. (1), r. (2), r. and recr. (3) Register February 2020 No. 770, eff. 3-1-20. NR 46.20(1)(1)
Public access requirements. The owner of managed forest land shall provide public access on foot to land designated as open to public access for activities authorized in s.
77.83 (2) (a), Stats., unless it has been designated closed under s.
77.83 (1) (a), Stats. Public access on foot to open managed forest land shall satisfy one of the following conditions:
NR 46.20(1)(a)
(a)
Contiguous to public land. The land designated as open managed forest land is contiguous to other land or public roads that are open to public access on foot. Lands contiguous to other land open to public access at a single point are not considered to have met this requirement.
NR 46.20(1)(b)
(b)
Easement or agreement. By easement or agreement, the owner has obtained a reasonable route or location at which the public may access the open managed forest land on foot by crossing land that is not generally considered open to public access, which shall be designated in accordance with s.
NR 46.21 (3).
NR 46.20(1)(c)
(c)
Other land under same ownership. The land designated as open managed forest land is accessible from other land or public roads that are open to public access on foot by crossing contiguous land of the owner which is not entered as managed forest land or is contiguous managed forest land of the owner which has been designated closed under s.
77.83 (2) (a), Stats. The owner may not restrict public access for activities authorized in s.
77.83 (2) (a), Stats., through or across such land except the access across such land may be limited to a reasonable corridor or location, which shall be designated in accordance with s.
NR 46.21 (3).
NR 46.20(2)
(2)
Open land agreement. An owner who chooses to designate any of their managed forest land as open shall certify on department-prepared forms that there is public access on foot to the land designated as open and that if the access changes or is removed during the order period the owner shall notify the department and change the designation of the land to closed under s.
77.83 (1) (a), Stats., if access meeting the requirements in this section can no longer be achieved.
NR 46.20 Note
Note: This section interprets and administers s.
77.83 (2) and
(3), Stats., which establish and provide further requirements to keep land open for certain public uses and authorizes the department to establish posting standards.
NR 46.20 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86;
CR 18-086: r. and recr. Register February 2020 No. 770, eff. 3-1-20. NR 46.21(1)(1)
Sign standards. Signs designating open and closed managed forest lands shall meet all of the following requirements:
NR 46.21(1)(d)
(d) Are at an interval of at least 2 per one quarter mile on the boundary of the designated area or as otherwise approved by the department.
NR 46.21(1)(e)
(e) All print is of equal size to other print on the sign, if sign standards are required under sub.
(2) or
(3).
NR 46.21(2)
(2)
Closed areas. Closed areas may be posted with commonly used no trespass signs or signs indicating the land is closed to public access or trespass, in conformance with this section and s.
943.13, Stats.
NR 46.21(3)(a)(a) Open areas are not required to be posted to identify they are managed forest land unless otherwise required in this section.
NR 46.21(3)(b)
(b) Open areas may be posted in conformance with this section and s.
943.13, Stats., against uses other than hunting, fishing, hiking, sight-seeing and cross-country skiing as long as the posted signs indicate the land is managed forest land and the land is open to the public for hunting, fishing, hiking, sight-seeing and cross-country skiing.
NR 46.21(3)(c)
(c) The method of public access to the land designated as open shall be clearly explained on the managed forest law map required under s.
NR 46.25 as a comment. In addition to the explanation, if access to open managed forest land is across lands not open to public access, as provided in s.
NR 46.20 (1) (b) or
(c), the location of the access shall be reasonably and clearly identified on signs meeting the requirements of this section. Signs shall be at locations and in sufficient number to provide reasonable notice to those attempting access. The location of the sign or signs that show the access route or location and that are closest to the access point from a public road or other land open to public access shall be indicated on the managed forest law map required under s.
NR 46.25. If the location of the sign indicating the access route or location changes during the order period, the owner shall notify the department.
NR 46.21(4)(a)
(a) Land within 300 feet of a commercial logging operation may not be posted to restrict public access prior to the date cutting commences.
NR 46.21(4)(b)
(b) Restricted area signing for commercial logging operations may be continued only if 50% or more of the volume identified in the approved cutting notice or prescribed by the approved management plan is cut within one year of the date cutting is commenced and continues as indicated to the department.
NR 46.21 Note
Note: This section interprets and administers s.
77.83 (3), Stats., which authorizes the department to establish design standards for signs.
NR 46.21 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86;
CR 18-086: r. and recr. (1), am. (2) (a), r. (2) (b), am. (3) (c) Register February 2020 No. 770, eff. 3-1-20; (2) (a) renum. to (2) under s. 13.92 (4) (b) 1., Stats., and correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register February 2020 No. 770. NR 46.215(1)(1)
The department may require that an owner of managed forest land attempt to restore non-productive lands if it determines that all of the following conditions are met:
NR 46.215(1)(a)
(a) The managed forest land parcel is not 80% productive as provided for in s.
77.82 (1) (a) 2., Stats., or land that is part of the 80% productive portion of the parcel does not meet density standards established in s.
NR 46.17 (1) (c) 1. NR 46.215(1)(b)
(b) It is reasonably possible for the land to be restored so the parcel resumes compliance within a reasonable timeframe, based on guidelines specific to Wisconsin cover types.
NR 46.215(1)(c)
(c) The estimated cost of restoration is less than the estimated withdrawal tax for the withdrawal of the minimum number of acres under s.
NR 46.22 (1). To determine the estimated cost of restoration the department shall use data obtained through the administration of subch.
VII of ch. NR 47 and may take into consideration any pertinent state grants available. Owners may dispute restoration cost estimates determined in this subdivision by obtaining and submitting to the department 3 quotes for the practices. Owners may be required to obtain quotes if the department has insufficient data from the administration of subch.
VII of ch. NR 47.
NR 46.215(2)
(2) If restoration is required under sub.
(1), the management plan on file with the department shall be amended to include restoration practices that are agreed upon by the owner and the department.
NR 46.215(2)(a)
(a) The department may order a withdrawal under s.
77.88 (1), Stats., if an owner chooses not to adopt adequate restoration practices or if the department determines that the owner has not sufficiently attempted the restoration practices adopted in the management plan.
NR 46.215(2)(b)
(b) The department may order a withdrawal under s.
77.88 (3k) or
(3L), Stats., of the minimum number of whole acres needed to be withdrawn for the parcel to resume compliance with productivity requirements if restoration practices are adopted into the management plan and the restoration is sufficiently attempted, as determined by the department, but is not successful within the timeframe established in the management plan. If determined appropriate, the department and the owner may agree to extend the timeframe of the restoration.
NR 46.215 History
History: CR 18-086: cr. Register February 2020 No. 770, eff. 3-1-20; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2020 No. 770. NR 46.22(1)(a)(a) The department may conduct any investigation necessary on managed forest land for purposes of ensuring compliance with program provisions provided in this chapter and subch.
VI of ch. 77, Stats.
NR 46.22(1)(b)
(b) The department may order withdrawal of land under s.
77.88 (1), Stats., if the land comprises any of the following:
NR 46.22(1)(b)1.
1. An entire quarter quarter section, government lot or fractional lot of managed forest under the same order.
NR 46.22(1)(b)3.
3. All managed forest land under the same order owned by the owner in a quarter quarter section, government lot or fractional lot.
NR 46.22(1)(c)
(c) Land remaining after a withdrawal under this section shall meet eligibility requirements established in s.
77.82 (1), Stats., or the entire parcel of managed forest land may need to be withdrawn as provided for in s.
77.88 (1), Stats.
NR 46.22(2)
(2)
Voluntary withdrawal deadlines. Voluntary withdrawals submitted for processing under s.
77.88 (3),
(3j),
(3k), and
(3L), Stats., shall be filed with the department on forms provided by the department. Eligible requests received by the department no later than December 1 will be effective by the following January 1. Eligible requests for withdrawal 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 46.22 Note
Note: Forms for withdrawal must be filed by the deadline. Forms for withdrawal may be obtained online at dnr.wi.gov, search keywords “Managed Forest Law”.
NR 46.22(3)
(3)
Voluntary withdrawal; other construction; small land sales. NR 46.22(3)(a)(a) Owners of managed forest land requesting to voluntarily withdraw land under s.
77.88 (3j), Stats., are responsible for all of the following:
NR 46.22(3)(a)1.
1. Following any local ordinances that may apply to construction or land sales.
NR 46.22(3)(a)2.
2. Providing a map or detailed written description that clearly defines the area requesting to be withdrawn in enough detail that the department is able to delineate the boundaries of the area requesting to be withdrawn and verify the acreage of the area. If the request does not clearly describe the area to be withdrawn, the department may deny the request for withdrawal.
NR 46.22(3)(b)
(b) A withdrawal under this subsection may be used to rectify violations related to eligibility requirements established in s.
77.82 (1) (b), Stats., subject to the constraints established in s.
77.88 (3j) (b), Stats.
NR 46.22(4)
(4)
Voluntary withdrawal; productivity; sustainability. Upon the request of an owner of managed forest land to withdraw part of a parcel under s.
77.88 (3k) or
(3L), Stats., the department shall order withdrawal of the minimum number of whole acres that is necessary for the parcel to resume productivity requirements established in s.
77.82 (1), Stats., if all of the following apply:
NR 46.22(4)(a)
(a) The department determines that the likely cause of the inability to meet productivity standards was a significant change in environmental or ecological condition that has occurred since the time of enrollment and the owner is not required to attempt restoration due to economic or other conditions as provided for in s.
NR 46.215; or the department determines that the parcel does not meet productivity standards as a result of a land conveyance as described in s.
NR 46.23.
NR 46.22(4)(b)
(b) The anticipated cause of the change in suitability of the parcel is not due to owner noncompliance with the program as established in this chapter and subch.
VI of ch. 77, Stats., or noncompliance with management guidance to address forest regeneration or health concerns that have foreseeable repercussions on stand productivity. For the purposes of this paragraph, areas cleared under an easement for a public road or railroad or utility right-of-way are considered outside of owner control and not an issue of compliance.
