AB580,11,519 77.82 (4) Additions to managed forest land. An owner of land that is
20designated as managed forest land under an order that takes effect on or after April
2128, 2004, may petition file an application with the department to designate as
22managed forest land an additional parcel of land if the additional parcel is at least
233 acres in size and is contiguous to any of that designated land. The petition
24application shall be accompanied by a nonrefundable $20 application recording fee
25unless a different amount for the fee is established by the department by rule at an

1amount equal to the average expense to the department of recording an order issued
2under this subchapter. The fee shall be deposited in the conservation fund and
3credited to the appropriation under s. 20.370 (1) (cr). The petition application shall
4be filed on a department form and shall contain any additional information required
5by the department.
AB580, s. 35 6Section 35. 77.82 (4g) (a) of the statutes is amended to read:
AB580,11,127 77.82 (4g) (a) If an owner of land that is designated as managed forest land
8under an order that takes effect before April 28, 2004, wishes to have an additional
9parcel of land that is at least 10 acres in size and that satisfies the other requirements
10in sub. (1) designated as managed forest land, the owner may petition file an
11application with
the department under sub. (2) for a new order covering the
12additional land.
AB580, s. 36 13Section 36. 77.82 (4g) (b) of the statutes is amended to read:
AB580,11,2214 77.82 (4g) (b) If an owner of land that is designated as managed forest land
15under an order that takes effect before April 28, 2004, wishes to have designated as
16managed forest land an additional parcel of land that is at least 3 acres in size, that
17does not satisfy the requirements in sub. (1), and that is contiguous to any of that
18designated land, the owner may withdraw the designated land from the original
19order and may petition file an application with the department under sub. (2) for a
20new order covering both the withdrawn land and the additional land. The
21withdrawal tax and the withdrawal fee under s. 77.88 (5) and (5m) do not apply to
22a withdrawal under this paragraph.
AB580, s. 37 23Section 37. 77.82 (4m) (a) of the statutes is amended to read:
AB580,12,3
177.82 (4m) (a) An owner of land that is entered as forest croplands under s.
277.02 may petition file an application with the department under sub. (2) to convert
3all or a portion of the land to managed forest land, subject to sub. (1) (c).
AB580, s. 38 4Section 38. 77.82 (4m) (b) of the statutes is amended to read:
AB580,12,75 77.82 (4m) (b) A petition An application under this subsection shall specify
6whether the order designating the land as managed forest land will remain in effect
7for 25 years or 50 years, as elected by the owner.
AB580, s. 39 8Section 39. 77.82 (4m) (d) of the statutes is amended to read:
AB580,12,139 77.82 (4m) (d) An owner of land who has filed a conversion petition application
10under this subsection and for whom the department is preparing or completing a
11management plan may withdraw the request and have it prepared by an
12independent certified plan writer if the owner determines that the department is not
13preparing or completing the management plan in a timely manner.
AB580, s. 40 14Section 40. 77.82 (5) (title) of the statutes is amended to read:
AB580,12,1515 77.82 (5) (title) Notice of petition application; request for denial.
AB580, s. 41 16Section 41. 77.82 (5) (a) of the statutes is amended to read:
AB580,12,1917 77.82 (5) (a) Upon receipt of a petition an application under sub. (2), (4) or (4m),
18the department shall provide written notice of the petition application to each clerk
19of each municipality in which the land is located.
AB580, s. 42 20Section 42. 77.82 (5) (b) of the statutes is amended to read:
AB580,13,321 77.82 (5) (b) The governing body of any municipality in which the proposed
22managed forest land is located or a resident or property tax payer of such a
23municipality may, within 15 days after the notice under par. (a) is provided, request
24the department to deny the petition application on the grounds that the land fails to
25meet the eligibility requirements under sub. (1) or that, if the addition is approved,

1the entire parcel will fail to meet those eligibility requirements. The request shall
2be in writing and shall specify the reason for believing that the land is or would be
3ineligible.
AB580, s. 43 4Section 43. 77.82 (6) (a) of the statutes is amended to read:
AB580,13,65 77.82 (6) (a) The department shall conduct any investigation necessary to
6reach a decision on a petition an application.
AB580, s. 44 7Section 44. 77.82 (6) (b) 2. of the statutes is amended to read:
AB580,13,118 77.82 (6) (b) 2. At least 10 days before the date of the hearing, the department
9shall mail written notice of the date, time, and place of the hearing to the petitioner,
10applicant, to each person who submitted a request under sub. (5) (b), and to the clerk
11of each municipality in which the land is located.
AB580, s. 45 12Section 45. 77.82 (7) (a) (intro.) of the statutes is amended to read:
AB580,13,1613 77.82 (7) (a) (intro.) After considering the testimony presented at the public
14hearing, if any, the facts discovered by its investigation and the land use in the area
15in which the land is located, the department shall approve a petition an application
16under sub. (2) or (4m) if it determines all of the following:
AB580, s. 46 17Section 46. 77.82 (7) (a) 2. of the statutes is amended to read:
AB580,13,1818 77.82 (7) (a) 2. That all facts stated in the petition application are correct.
AB580, s. 47 19Section 47. 77.82 (7) (b) (intro.) of the statutes is amended to read:
AB580,13,2220 77.82 (7) (b) (intro.) After considering the testimony presented at the public
21hearing, if any, and the facts discovered by its investigation, the department shall
22approve a petition an application under sub. (4) if it determines all of the following:
AB580, s. 48 23Section 48. 77.82 (7) (b) 1. of the statutes is amended to read:
AB580,13,2424 77.82 (7) (b) 1. That all facts stated in the petition application are correct.
AB580, s. 49 25Section 49. 77.82 (7) (c) 1. of the statutes is repealed.
AB580, s. 50
1Section 50. 77.82 (7) (c) 2. of the statutes is repealed.
AB580, s. 51 2Section 51. 77.82 (7) (c) 3. of the statutes is amended to read:
AB580,14,123 77.82 (7) (c) 3. Except as provided in par. (d), if a petition an application is
4received on or before May 15 June 1 of any year from a petitioner who owns less than
51,000 acres in this state, who, before the deadline established by the department by
6rule, submitted a draft management plan prepared by an independent certified plan
7writer
, and who submits a completed plan, as defined by the department by rule, with
8the petition
, the department shall investigate and shall either approve the petition
9application and issue the order under sub. (8) or deny the petition application before
10the following November 21. An application received after June 1 shall be acted on
11by the department as provided in this subdivision before the November 21 of the year
12following the year in which the application is received.
AB580, s. 52 13Section 52. 77.82 (7) (d) of the statutes is amended to read:
AB580,14,1714 77.82 (7) (d) The department shall approve or disapprove a petition an
15application
under par. (a) that is submitted filed under sub. (4m) within 3 years after
16the date on which the petition is submitted to application is filed with the
17department.
AB580, s. 53 18Section 53. 77.82 (8) of the statutes is amended to read:
AB580,15,219 77.82 (8) Order. If a petition an application under sub. (2), (4m), or (12) is
20approved, the department shall issue an order designating the land as managed
21forest land for the time period specified in the petition application. If a petition an
22application
under sub. (4) is approved, the department shall amend the original
23order to include the additional parcel. The department shall provide the petitioner
24applicant with a copy of the order or amended order and shall also file a copy with
25the department of revenue, the supervisor of assessments, and the clerk of each

1municipality in which the land is located, and shall record the order with the register
2of deeds in each county in which the land is located.
AB580, s. 54 3Section 54. 77.82 (10) of the statutes is amended to read:
AB580,15,54 77.82 (10) Denial. If the department denies a petition an application, it shall
5notify the petitioner applicant in writing, stating the reason for the denial.
AB580, s. 55 6Section 55. 77.82 (11) of the statutes is amended to read:
AB580,15,117 77.82 (11) Duration. An order under this subchapter remains in effect for the
8period specified in the petition application unless the land is withdrawn under s.
977.84 (3) (b) or 77.88. An amendment to or repeal of this subchapter does not affect
10the terms of an order or management plan, except as expressly agreed to in writing
11by the owner and the department and except as provided in sub. (11m).
AB580, s. 56 12Section 56. 77.82 (11g) of the statutes is amended to read:
AB580,15,1513 77.82 (11g) Withdrawal tax on converted forest croplands prohibited. No
14tax or interest may be assessed under s. 77.10 (2) (a) on land converted to managed
15forest land pursuant to a petition an application approved under sub. (7) (d).
AB580, s. 57 16Section 57. 77.82 (12) of the statutes is amended to read:
AB580,16,717 77.82 (12) Renewal. An owner of managed forest land may petition file an
18application with
the department under sub. (2) for renewal of the order. A petition
19An application filed by an owner of 1,000 acres or more in this state shall be filed no
20later than the March 31 before the expiration date of the order. A petition An
21application
filed by an owner of less than 1,000 acres in this state shall be filed no
22later than the 2nd July 1 June 1 before the expiration date of the order, except that
23if the owner satisfies the requirement in sub. (7) (c) 3., the petition shall be filed no
24later than the May 15 before the expiration date of the order
. The petition application
25shall specify whether the owner wants the order renewed for 25 or 50 years. The

1provisions under subs. (5), (6), and (7) do not apply to a petition an application under
2this subsection. The department may deny the petition application only if the land
3fails to meet the eligibility requirements under sub. (1), if the owner has failed to
4comply with the management plan that is in effect on the date that the petition
5application for renewal is filed, or if there are delinquent taxes on the land. If the
6petition application is denied, the department shall state the reason for the denial
7in writing.
AB580, s. 58 8Section 58. 77.86 (1) (c) of the statutes is amended to read:
AB580,16,109 77.86 (1) (c) If the proposed cutting conforms to the management plan and is
10consistent with sound forestry practices
, the department shall approve the request.
AB580, s. 59 11Section 59. 77.86 (1) (d) of the statutes is amended to read:
AB580,16,1412 77.86 (1) (d) If the proposed cutting does not conform to the management plan
13or is not consistent with sound forestry practices, the department shall assist the
14owner in developing an acceptable proposal before approving the request.
AB580, s. 60 15Section 60. 77.86 (5) (a) of the statutes is amended to read:
AB580,16,1816 77.86 (5) (a) Any person who fails to file the notice required under sub. (1) (b)
17or, who intentionally fails to file a report as required under sub. (4), or who files a false
18report under sub. (4) shall forfeit not more than $1,000.
AB580, s. 61 19Section 61. 77.86 (5) (b) of the statutes is amended to read:
AB580,16,2320 77.86 (5) (b) Any owner who intentionally cuts merchantable timber in
21violation of this section is subject to a forfeiture equal to 20% of the current value of
22the merchantable timber cut, based on the stumpage value established under s.
2377.91 (1).
AB580, s. 62 24Section 62. 77.87 (1) of the statutes is amended to read:
AB580,17,7
177.87 (1) Taxation. The department shall assess a yield tax against each owner
2who cuts merchantable timber and files a report under s. 77.86. If the owner fails
3to timely file a report under s. 77.86 (4), the department shall determine the value
4of the merchantable timber cut for the assessment of the yield tax.
The yield tax shall
5equal 5% of the value of the merchantable timber cut, based on the stumpage value
6established under s. 77.91 (1). The department shall mail a copy of the certificate of
7assessment to the owner at the owner's last-known address.
AB580, s. 63 8Section 63. 77.87 (1g) (a) of the statutes is amended to read:
AB580,17,109 77.87 (1g) (a) An order converting forest cropland to managed forest land
10pursuant to a petition an application approved under s. 77.82 (7) (d).
AB580, s. 64 11Section 64. 77.87 (1g) (d) of the statutes is amended to read:
AB580,17,1312 77.87 (1g) (d) A An order petitioned for for which an application is filed under
13s. 77.82 (4g) (b).
AB580, s. 65 14Section 65. 77.87 (2) of the statutes is amended to read:
AB580,17,2115 77.87 (2) Supplemental yield tax. At any time within one year after a report
16is filed under s. 77.86 (4), the department, after notifying the owner and providing
17the owner with the opportunity for a hearing, may determine whether the report is
18accurate. If the department determines that the quantity of merchantable timber
19cut exceeded the amount on which the tax was assessed under sub. (1), the
20department shall assess a supplemental yield tax on the additional amount as
21provided under sub. (1).
AB580, s. 66 22Section 66. 77.87 (3) of the statutes is amended to read:
AB580,18,223 77.87 (3) Payment. A tax assessed under sub. (1) or (2) is due and payable to
24the department on the last day of the next month following the date the certificate
25is mailed to the owner. The department shall collect interest at the rate of 12% per

1year on any tax that is paid later than the due date. Amounts received shall be
2credited to the conservation fund.
AB580, s. 67 3Section 67. 77.88 (1) (b) 3. of the statutes is amended to read:
AB580,18,44 77.88 (1) (b) 3. Intentional cutting Cutting by the owner in violation of s. 77.86.
AB580, s. 68 5Section 68. 77.88 (2) (b) of the statutes is amended to read:
AB580,18,136 77.88 (2) (b) If the land remaining after a transfer under par. (a) is contiguous
7and meets the eligibility requirements under s. 77.82 (1) (a) 2. and (b), it shall
8continue to be designated as managed forest land until the expiration of the existing
9order, even if the parcel contains less than 10 acres. Notwithstanding s. 77.82 (12),
10an owner may not petition file an application with the department for renewal of the
11order if the parcel contains less than 10 acres. No withdrawal tax under sub. (5) or
12withdrawal fee under sub. (5m) may be assessed when the remaining land is
13withdrawn at the expiration of the order.
AB580, s. 69 14Section 69. 77.88 (2) (d) 1. of the statutes is amended to read:
AB580,18,2215 77.88 (2) (d) 1. Within 10 30 days after a transfer of ownership, the former
16owner
transferee shall, on a form provided by the department, file with the
17department a report of the transfer signed by the former owner and the transferee.
18The report shall be accompanied by a $100 fee which transferee shall pay a $100 fee
19that will accompany the report. The fee
shall be deposited in the conservation fund.
20Twenty dollars of the fee or a different amount of the fee as may be established under
21subd. 2. shall be credited to the appropriation under s. 20.370 (1) (cr). The
22department shall immediately notify each person entitled to notice under s. 77.82 (8).
AB580, s. 70 23Section 70. 77.88 (2) (e) of the statutes is amended to read:
AB580,19,624 77.88 (2) (e) The transferred land shall remain managed forest land if the
25transferee, within 30 days after the transfer, certifies to the department an intent

1to comply with the existing management plan for the land and with any amendments
2agreed to by the department and the transferee to the plan, and provides proof that
3each person holding any encumbrance on the land agrees to the designation. The
4transferee may designate an area of the transferred land closed to public access as
5provided under s. 77.83. The department shall issue an order continuing the
6designation of the land as managed forest land under the new ownership.
AB580, s. 71 7Section 71. 77.88 (4) of the statutes is amended to read:
AB580,19,118 77.88 (4) Nonrenewal. If an owner does not petition file with the department
9an application to renew a managed forest land order, the department shall order the
10land withdrawn at the expiration of the order. No withdrawal tax under sub. (5) or
11withdrawal fee under sub. (5m) may be assessed.
AB580, s. 72 12Section 72. 77.88 (5) (ab) 1. of the statutes is amended to read:
AB580,19,1413 77.88 (5) (ab) 1. "Expanded order" means an order approved under s. 77.82 (8)
14that is petitioned for for which an application is filed under s. 77.82 (4g) (b).
AB580, s. 73 15Section 73. 77.88 (5) (am) (intro.) of the statutes is amended to read:
AB580,19,1916 77.88 (5) (am) (intro.) For land that is withdrawn within 10 years after the date
17on which an initial managed forest land order was issued under s. 77.82 (8) for a
18petition
an application approved under s. 77.82 (7) (d), the withdrawal tax shall be
19the higher of the following:
AB580, s. 74 20Section 74. 77.88 (5g) of the statutes is created to read:
AB580,19,2521 77.88 (5g) Estimates of withdrawal tax. (a) Upon the request of an owner of
22managed forest land, the department of revenue, with the assistance of the
23department, shall prepare an estimate of the amount of withdrawal tax that would
24be assessed under sub. (5) if the department were to issue an order to withdraw the
25land under this section.
AB580,20,3
1(b) A request from an owner under this subsection shall be accompanied by a
2nonrefundable fee payable to the department of revenue of either $100 or the
3alternative nonrefundable fee calculated under par. (c), whichever is greater.
AB580,20,54 (c) The alternative nonrefundable fee shall be calculated by multiplying the
5total number of whole and partial acres by $5.
AB580, s. 75 6Section 75. 77.88 (6) of the statutes is amended to read:
AB580,20,147 77.88 (6) Determination of stumpage value. In determining the stumpage
8value of merchantable timber for purposes of this section, an estimator agreed upon
9by the parties or, if they cannot agree, a forester appointed by a judge of the circuit
10court in the county in which the land is located shall estimate the volume of
11merchantable timber on the land. The estimate obtained shall be final. The
12department shall determine the current stumpage value of the merchantable timber,
13based on the rule promulgated applicable stumpage value established under s. 77.91
14(1). The owner shall pay the entire cost of obtaining the estimate.
AB580, s. 76 15Section 76. 77.90 of the statutes is amended to read:
AB580,20,18 1677.90 Right to hearing. A petitioner An applicant under s. 77.82 or an owner
17of managed forest land who is adversely affected by a decision of the department
18under this subchapter is entitled to a contested case hearing under ch. 227.
AB580, s. 77 19Section 77. 77.91 (1) of the statutes is amended to read:
AB580,21,220 77.91 (1) Rule making; stumpage value Stumpage values. Each year the
21department shall promulgate a rule establishing a establish reasonable stumpage
22value values for the merchantable timber grown in the municipalities in which
23managed forest land is located. If the department finds that stumpage values vary
24in different parts of the state, it may establish different zones and specify the
25stumpage value for each zone. The rule stumpage value shall take effect on

1November 1 of each year. Notwithstanding s. 227.11, the department may not
2promulgate or have in effect rules that established stumpage values.
AB580, s. 78 3Section 78. 170.12 (5) of the statutes is amended to read:
AB580,21,74 170.12 (5) Reservation of value. The state reserves to itself 30% of the
5stumpage value, as established by the department of natural resources by rule
6promulgated
under s. 77.91 (1), of any log raised pursuant to a permit issued under
7this section.
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