SB438: Bill Text

SB438, s. 22 Section 22. 77.82 (2m) (am) of the statutes is amended to read:

SB438,7,17 77.82 (2m) (am) The department shall by rule establish on an annual basis a nonrefundable fee that the department shall charge for a management plan prepared or completed by the department, including any plan prepared by a certified plan writer contracted by the department under sub. (3) (g). The fee shall be based on the comparable commercial market rate that is charged for preparation of such management plans.

SB438, s. 23 Section 23. 77.82 (2m) (c) of the statutes is amended to read:

SB438,7,21 77.82 (2m) (c) A proposed management plan is exempt from the management plan preparation fee under par. (a) 2. (ag) if it is prepared or completed by an independent certified plan writer instead of by the department.

SB438, s. 24 Section 24. 77.82 (2m) (d) of the statutes is amended to read:

SB438,7,24 77.82 (2m) (d) All of the application recording fees collected under par. (a) 1. shall be credited to the appropriation under s. 20.370 (1) (cr).

SB438, s. 25 Section 25. 77.82 (2m) (dm) 1. of the statutes is amended to read:

SB438,8,4 77.82 (2m) (dm) 1. Of each management plan fee, $300 or the entire fee, whichever is less, that is collected under par. (a) or (e) that is not credited to the appropriation under s. 20.370 (1) (cr) (ag) shall be credited to the appropriation under s. 20.370 (1) (cx).

SB438, s. 26 Section 26. 77.82 (2m) (e) of the statutes is amended to read:

SB438,8,11 77.82 (2m) (e) If a proposed management plan accompanying a petition an application filed under sub. (2), (4m), or (12) is not approved by the department under its initial review under sub. (3) (a), and if the department agrees to complete the management plan under sub. (3) (a), the department shall collect from the petitioner applicant the plan preparation fee established under par. (am), if the petitioner applicant has not previously paid the fee.

SB438, s. 27 Section 27. 77.82 (2m) (e) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is renumbered 77.82 (2m) (ag) and amended to read:

SB438,8,19 77.82 (2m) (ag) If a proposed management plan accompanying an application filed under sub. (2), (4m), or (12) is not approved by the department under its initial review under sub. (3) (a) (ar), and if the department agrees to complete the proposed management plan under sub. (3) (a) (ar), the department shall collect from the applicant the management plan preparation fee established under par. (am), if the applicant has not previously paid the fee.

SB438, s. 28 Section 28. 77.82 (3) (a) of the statutes is amended to read:

SB438,9,5 77.82 (3) (a) A proposed management plan may shall cover the entire acreage of each parcel subject to the petition application. The department, after considering the owner's forest management objectives as stated under sub. (2) (e), shall review and either approve or disapprove the proposed management plan. If the department disapproves the plan, it shall inform the petitioner applicant of the changes necessary to qualify the plan for approval upon subsequent review. At the request of the petitioner applicant, the department may agree to complete the proposed management plan that has been prepared by an independent certified plan writer. The department shall complete any proposed management plan prepared by the department.

SB438, s. 29 Section 29. 77.82 (3) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is renumbered 77.82 (3) (ag) and amended to read:

SB438,9,10 77.82 (3) (ag) A proposed management plan shall cover the entire acreage of each parcel subject to the application. The and shall be prepared by an independent certified plan writer or by the department if par. (am) applies.

SB438,9,19 (ar) For a proposed management plan prepared by an independent certified plan writer, the department, after considering the owner's forest management objectives as stated under sub. (2) (e), shall review and either approve or disapprove the proposed management plan. If the department disapproves the proposed plan, it shall inform the applicant of the changes necessary to qualify the plan for approval upon subsequent review. At the request of the applicant, the department may agree to complete the proposed management plan that has been prepared by an independent certified plan writer. The department shall complete any proposed management plan prepared by the department.

SB438, s. 30 Section 30. 77.82 (3) (am) of the statutes is created to read:

SB438,9,25 77.82 (3) (am) If the department determines that an applicant is not able to have a proposed management plan prepared by a certified independent plan writer, the department shall prepare the plan. The department shall promulgate rules establishing the criteria that shall be met in order to determine that an applicant is unable to prepare such a plan.

SB438, s. 31 Section 31. 77.82 (3) (c) (intro.) of the statutes is amended to read:

SB438,10,4 77.82 (3) (c) (intro.) To qualify for approval, a management plan shall be prepared by an independent certified plan writer or prepared by the department and shall include all of the following:

SB438, s. 32 Section 32. 77.82 (3) (f) of the statutes is repealed and recreated to read:

SB438,10,8 77.82 (3) (f) A management plan may be amended either by an agreement entered into by the owner and the department or by the department to ensure the practice of sound forestry.

SB438, s. 33 Section 33. 77.82 (3) (g) of the statutes is amended to read:

SB438,10,14 77.82 (3) (g) The department shall certify plan writers and shall promulgate rules specifying the qualifications that a person must satisfy to become a certified plan writer. For management plans prepared or completed by the department under this subsection, the department may contract with plan writers certified by the department to prepare and complete these plans.

SB438, s. 34 Section 34. 77.82 (4) of the statutes is amended to read:

SB438,11,2 77.82 (4) Additions to managed forest land. An owner of land that is designated as managed forest land under an order that takes effect on or after April 28, 2004, may petition file an application with the department to designate as managed forest land an additional parcel of land if the additional parcel is at least 3 acres in size and is contiguous to any of that designated land. The petition application shall be accompanied by a nonrefundable $20 application recording fee unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter. The fee shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr). The petition application shall be filed on a department form and shall contain any additional information required by the department.

SB438, s. 35 Section 35. 77.82 (4g) (a) of the statutes is amended to read:

SB438,11,9 77.82 (4g) (a) If an owner of land that is designated as managed forest land under an order that takes effect before April 28, 2004, wishes to have an additional parcel of land that is at least 10 acres in size and that satisfies the other requirements in sub. (1) designated as managed forest land, the owner may petition file an application with the department under sub. (2) for a new order covering the additional land.

SB438, s. 36 Section 36. 77.82 (4g) (b) of the statutes is amended to read:

SB438,11,19 77.82 (4g) (b) If an owner of land that is designated as managed forest land under an order that takes effect before April 28, 2004, wishes to have designated as managed forest land an additional parcel of land that is at least 3 acres in size, that does not satisfy the requirements in sub. (1), and that is contiguous to any of that designated land, the owner may withdraw the designated land from the original order and may petition file an application with the department under sub. (2) for a new order covering both the withdrawn land and the additional land. The withdrawal tax and the withdrawal fee under s. 77.88 (5) and (5m) do not apply to a withdrawal under this paragraph.

SB438, s. 37 Section 37. 77.82 (4m) (a) of the statutes is amended to read:

SB438,11,23 77.82 (4m) (a) An owner of land that is entered as forest croplands under s. 77.02 may petition file an application with the department under sub. (2) to convert all or a portion of the land to managed forest land, subject to sub. (1) (c).

SB438, s. 38 Section 38. 77.82 (4m) (b) of the statutes is amended to read:

SB438,12,3 77.82 (4m) (b) A petition An application under this subsection shall specify whether the order designating the land as managed forest land will remain in effect for 25 years or 50 years, as elected by the owner.

SB438, s. 39 Section 39. 77.82 (4m) (d) of the statutes is amended to read:

SB438,12,9 77.82 (4m) (d) An owner of land who has filed a conversion petition application under this subsection and for whom the department is preparing or completing a management plan may withdraw the request and have it prepared by an independent certified plan writer if the owner determines that the department is not preparing or completing the management plan in a timely manner.

SB438, s. 40 Section 40. 77.82 (5) (title) of the statutes is amended to read:

SB438,12,11 77.82 (5) (title) Notice of petition application; request for denial.

SB438, s. 41 Section 41. 77.82 (5) (a) of the statutes is amended to read:

SB438,12,15 77.82 (5) (a) Upon receipt of a petition an application under sub. (2), (4) or (4m), the department shall provide written notice of the petition application to each clerk of each municipality in which the land is located.

SB438, s. 42 Section 42. 77.82 (5) (b) of the statutes is amended to read:

SB438,12,24 77.82 (5) (b) The governing body of any municipality in which the proposed managed forest land is located or a resident or property tax payer of such a municipality may, within 15 days after the notice under par. (a) is provided, request the department to deny the petition application on the grounds that the land fails to meet the eligibility requirements under sub. (1) or that, if the addition is approved, the entire parcel will fail to meet those eligibility requirements. The request shall be in writing and shall specify the reason for believing that the land is or would be ineligible.

SB438, s. 43 Section 43. 77.82 (6) (a) of the statutes is amended to read:

SB438,13,2 77.82 (6) (a) The department shall conduct any investigation necessary to reach a decision on a petition an application.

SB438, s. 44 Section 44. 77.82 (6) (b) 2. of the statutes is amended to read:

SB438,13,7 77.82 (6) (b) 2. At least 10 days before the date of the hearing, the department shall mail written notice of the date, time, and place of the hearing to the petitioner, applicant, to each person who submitted a request under sub. (5) (b), and to the clerk of each municipality in which the land is located.

SB438, s. 45 Section 45. 77.82 (7) (a) (intro.) of the statutes is amended to read:

SB438,13,12 77.82 (7) (a) (intro.) After considering the testimony presented at the public hearing, if any, the facts discovered by its investigation and the land use in the area in which the land is located, the department shall approve a petition an application under sub. (2) or (4m) if it determines all of the following:

SB438, s. 46 Section 46. 77.82 (7) (a) 2. of the statutes is amended to read:

SB438,13,14 77.82 (7) (a) 2. That all facts stated in the petition application are correct.

SB438, s. 47 Section 47. 77.82 (7) (b) (intro.) of the statutes is amended to read:

SB438,13,18 77.82 (7) (b) (intro.) After considering the testimony presented at the public hearing, if any, and the facts discovered by its investigation, the department shall approve a petition an application under sub. (4) if it determines all of the following:

SB438, s. 48 Section 48. 77.82 (7) (b) 1. of the statutes is amended to read:

SB438,13,20 77.82 (7) (b) 1. That all facts stated in the petition application are correct.

SB438, s. 49 Section 49. 77.82 (7) (c) 1. of the statutes is amended to read:

SB438,14,5 77.82 (7) (c) 1. Except as provided in par. (d), if a petition an application is received on or before March 31 of any year from any petitioner other than a petitioner an applicant who owns less than 1,000 acres or more in this state, the department shall investigate and shall either approve the petition application and issue the order under sub. (8) or deny the petition application before the following November 21. An application received after March 31 from an applicant who owns 1,000 acres or more in this state shall be acted on by the department as provided in this subdivision before the November 21 of the year following the year in which the application is received.

SB438, s. 50 Section 50. 77.82 (7) (c) 2. of the statutes is repealed.

SB438, s. 51 Section 51. 77.82 (7) (c) 3. of the statutes is amended to read:

SB438,14,18 77.82 (7) (c) 3. Except as provided in par. (d), if a petition an application is received on or before May 15 June 1 of any year from a petitioner an applicant who owns less than 1,000 acres in this state, who, before the deadline established by the department by rule, submitted a draft management plan prepared by an independent certified plan writer, and who submits a completed plan, as defined by the department by rule, with the petition, the department shall investigate and shall either approve the petition application and issue the order under sub. (8) or deny the petition application before the following November 21. An application received after June 1 from an applicant who owns less than 1,000 acres in this state shall be acted on by the department as provided in this subdivision before the November 21 of the year following the year in which the application is received.

SB438, s. 52 Section 52. 77.82 (7) (d) of the statutes is amended to read:

SB438,14,23 77.82 (7) (d) The department shall approve or disapprove a petition an application under par. (a) that is submitted filed under sub. (4m) within 3 years after the date on which the petition is submitted to application is filed with the department.

SB438, s. 53 Section 53. 77.82 (8) of the statutes is amended to read:

SB438,15,9 77.82 (8) Order. If a petition an application under sub. (2), (4m), or (12) is approved, the department shall issue an order designating the land as managed forest land for the time period specified in the petition application. If a petition an application under sub. (4) is approved, the department shall amend the original order to include the additional parcel. The department shall provide the petitioner applicant with a copy of the order or amended order and shall also file a copy with the department of revenue, the supervisor of assessments, and the clerk of each municipality in which the land is located, and shall record the order with the register of deeds in each county in which the land is located.

SB438, s. 54 Section 54. 77.82 (10) of the statutes is amended to read:

SB438,15,12 77.82 (10) Denial. If the department denies a petition an application, it shall notify the petitioner applicant in writing, stating the reason for the denial.

SB438, s. 55 Section 55. 77.82 (11) of the statutes is amended to read:

SB438,15,18 77.82 (11) Duration. An order under this subchapter remains in effect for the period specified in the petition application unless the land is withdrawn under s. 77.84 (3) (b) or 77.88. An amendment to or repeal of this subchapter does not affect the terms of an order or management plan, except as expressly agreed to in writing by the owner and the department and except as provided in sub. (11m).

SB438, s. 56 Section 56. 77.82 (11g) of the statutes is amended to read:

SB438,15,22 77.82 (11g) Withdrawal tax on converted forest croplands prohibited. No tax or interest may be assessed under s. 77.10 (2) (a) on land converted to managed forest land pursuant to a petition an application approved under sub. (7) (d).

SB438, s. 57 Section 57. 77.82 (12) of the statutes is amended to read:

SB438,16,14 77.82 (12) Renewal. An owner of managed forest land may petition file an application with the department under sub. (2) for renewal of the order. A petition An application filed by an owner of 1,000 acres or more in this state shall be filed no later than the March 31 before the expiration date of the order. A petition An application filed by an owner of less than 1,000 acres in this state shall be filed no later than the 2nd July 1 June 1 before the expiration date of the order, except that if the owner satisfies the requirement in sub. (7) (c) 3., the petition shall be filed no later than the May 15 before the expiration date of the order. The petition application shall specify whether the owner wants the order renewed for 25 or 50 years. The provisions under subs. (5), (6), and (7) do not apply to a petition an application under this subsection. The department may deny the petition application only if the land fails to meet the eligibility requirements under sub. (1), if the owner has failed to comply with the management plan that is in effect on the date that the petition application for renewal is filed, or if there are delinquent taxes on the land. If the petition application is denied, the department shall state the reason for the denial in writing.

SB438, s. 58 Section 58. 77.86 (1) (c) of the statutes is amended to read:

SB438,16,17 77.86 (1) (c) If the proposed cutting conforms to the management plan and is consistent with sound forestry practices, the department shall approve the request.

SB438, s. 59 Section 59. 77.86 (1) (d) of the statutes is amended to read:

SB438,16,21 77.86 (1) (d) If the proposed cutting does not conform to the management plan or is not consistent with sound forestry practices, the department shall assist the owner in developing an acceptable proposal before approving the request.

SB438, s. 60 Section 60. 77.87 (1g) (a) of the statutes is amended to read:

SB438,16,24 77.87 (1g) (a) An order converting forest cropland to managed forest land pursuant to a petition an application approved under s. 77.82 (7) (d).

SB438, s. 61 Section 61. 77.87 (1g) (d) of the statutes is amended to read:

SB438,17,2 77.87 (1g) (d) A An order petitioned for for which an application is filed under s. 77.82 (4g) (b).

SB438, s. 62 Section 62. 77.87 (3) of the statutes is amended to read:

SB438,17,8 77.87 (3) Payment. A tax assessed under sub. (1) or (2) is due and payable to the department on the last day of the next month following the date the certificate is mailed to the owner. The department shall collect interest at the rate of 12% per year on any tax that is paid later than the due date. Amounts received shall be credited to the conservation fund.

SB438, s. 63 Section 63. 77.88 (2) (b) of the statutes is amended to read:

SB438,17,17 77.88 (2) (b) If the land remaining after a transfer under par. (a) is contiguous and meets the eligibility requirements under s. 77.82 (1) (a) 2. and (b), it shall continue to be designated as managed forest land until the expiration of the existing order, even if the parcel contains less than 10 acres. Notwithstanding s. 77.82 (12), an owner may not petition file an application with the department for renewal of the order if the parcel contains less than 10 acres. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed when the remaining land is withdrawn at the expiration of the order.

SB438, s. 64 Section 64. 77.88 (2) (d) 1. of the statutes is amended to read:

SB438,18,2 77.88 (2) (d) 1. Within 10 30 days after a transfer of ownership, the former owner transferee shall, on a form provided by the department, file with the department a report of the transfer signed by the former owner and the transferee. The report shall be accompanied by a $100 fee which transferee shall pay a $100 fee that will accompany the report. The fee shall be deposited in the conservation fund. Twenty dollars of the fee or a different amount of the fee as may be established under subd. 2. shall be credited to the appropriation under s. 20.370 (1) (cr). The department shall immediately notify each person entitled to notice under s. 77.82 (8).

SB438, s. 65 Section 65. 77.88 (2) (e) of the statutes is amended to read:

SB438,18,11 77.88 (2) (e) The transferred land shall remain managed forest land if the transferee, within 30 days after the transfer, certifies to the department an intent to comply with the existing management plan for the land and with any amendments agreed to by the department and the transferee to the plan, and provides proof that each person holding any encumbrance on the land agrees to the designation. The transferee may designate an area of the transferred land closed to public access as provided under s. 77.83. The department shall issue an order continuing the designation of the land as managed forest land under the new ownership.

SB438, s. 66 Section 66. 77.88 (4) of the statutes is amended to read: