2009 WISCONSIN ACT 365
An Act to repeal 77.82 (2) (i), 77.82 (2m) (a) 2., 77.82 (7) (c) 1. and 77.82 (7) (c) 2.; to renumber 77.82 (2m) (a) 1.; to renumber and amend 77.82 (2m) (e) and 77.82 (3) (a); to amend 20.370 (1) (cx), 26.09 (1b) (j), 77.06 (5), 77.82 (title), 77.82 (1) (bn), 77.82 (1) (c), 77.82 (2) (intro.), 77.82 (2) (cm), 77.82 (2) (e), 77.82 (2) (e), 77.82 (2) (f), 77.82 (2) (i), 77.82 (2m) (title), 77.82 (2m) (a) 1., 77.82 (2m) (a) 2., 77.82 (2m) (am), 77.82 (2m) (c), 77.82 (2m) (d), 77.82 (2m) (dm) 1., 77.82 (2m) (e), 77.82 (3) (a), 77.82 (3) (c) (intro.), 77.82 (3) (g), 77.82 (4), 77.82 (4g) (a), 77.82 (4g) (b), 77.82 (4m) (a), 77.82 (4m) (b), 77.82 (4m) (d), 77.82 (5) (title), 77.82 (5) (a), 77.82 (5) (b), 77.82 (6) (a), 77.82 (6) (b) 2., 77.82 (7) (a) (intro.), 77.82 (7) (a) 2., 77.82 (7) (b) (intro.), 77.82 (7) (b) 1., 77.82 (7) (c) 3., 77.82 (7) (d), 77.82 (8), 77.82 (10), 77.82 (11), 77.82 (11g), 77.82 (12), 77.86 (1) (c), 77.86 (1) (d), 77.86 (5) (a), 77.86 (5) (b), 77.87 (1), 77.87 (1g) (a), 77.87 (1g) (d), 77.87 (2), 77.87 (3), 77.88 (1) (b) 3., 77.88 (2) (b), 77.88 (2) (d) 1., 77.88 (2) (e), 77.88 (4), 77.88 (5) (ab) 1., 77.88 (5) (am) (intro.), 77.88 (6), 77.90, 77.91 (1) and 170.12 (5); and to create 77.125, 77.82 (2) (dm), 77.82 (2m) (ac), 77.82 (3) (am), 77.88 (5g) and 710.12 of the statutes; relating to: petitions and management plans for the designation of managed forest land; transferrals of ownership of managed forest land; establishing stumpage values, filing cutting reports, and estimating withdrawal taxes under the managed forest land program; signatures and authentication requirements for orders under the forest croplands program; granting rule-making authority; making an appropriation; and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
365,1
Section
1. 20.370 (1) (cx) of the statutes is amended to read:
20.370 (1) (cx) Forestry — management plans. All moneys as calculated received under s. 77.82 (2m) (dm) 1. (ag) for payment for management plans prepared
or completed by plan writers who are under contract with the department under s. 77.82 (3).
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2. 26.09 (1b) (j) of the statutes is amended to read:
26.09 (1b) (j) "Stumpage value" means the applicable stumpage rate value established
by rule under s. 77.91 (1) or the fair market value of raw forest products less the cost of their harvesting, whichever is greater.
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3. 77.06 (5) of the statutes is amended to read:
77.06 (5) Tax levy on right to cut timber. The department of natural resources shall assess and levy against the owner a severance tax on the right to cut and remove wood products covered by reports under this section, at the rate of 10% of the value of the wood products based upon the stumpage value then in force established under s. 77.91 (1). Upon making the assessment, the department of natural resources shall mail a duplicate of the certificate by registered mail to the owner who made the report of cutting at the owner's last-known post-office address. The tax assessed is due and payable to the department of natural resources on the last day of the next calendar month after mailing following the date the certificate is mailed to the owner. The proceeds of the tax shall be paid into the forestry account of the conservation fund for distribution under s. 77.07 (3).
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4. 77.125 of the statutes is created to read:
77.125 Signatures. (1) The signature of an official or an employee of the department of natural resources may be stamped, printed, or otherwise reproduced on an order under ss. 77.01 to 77.14 after the official or employee adopts the stamped, printed, or otherwise reproduced signature as his or her facsimile signature.
(2) The signature or the facsimile signature under sub. (1) of an official or an employee of the department of natural resources meets the requirement under s. 706.05 (2) (a).
(3) The requirement of s. 706.05 (2) (b) does not apply to orders issued under this subchapter.
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5. 77.82 (title) of the statutes is amended to read:
77.82 (title) Managed forest land; petition application.
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6. 77.82 (1) (bn) of the statutes is amended to read:
77.82 (1) (bn) For purposes of par. (b) 3., the department by rule shall define "human residence" to include a residence of the petitioner applicant regardless of whether it is the petitioner's applicant's primary residence. The definition may also include up to one acre surrounding the residence for a residence that is not the petitioner's applicant's primary residence.
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7. 77.82 (1) (c) of the statutes is amended to read:
77.82 (1) (c) In addition to the requirements under pars. (a) and (b), for land subject to a petition
an application under sub. (4m), all forest croplands owned by the petitioner applicant on the date on which the petition application is submitted filed that are located in the municipality or municipalities for which the petition application is submitted filed shall be included in the petition application.
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8. 77.82 (2) (intro.) of the statutes is amended to read:
77.82 (2) Petition Application. (intro.) Any owner of land may petition file an application with the department to designate any eligible parcel of land as managed forest land. A petition An application may include any number of eligible parcels under the same ownership. Each petition application shall include all of the following:
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9. 77.82 (2) (cm) of the statutes is amended to read:
77.82 (2) (cm) A copy of an instrument that has been recorded in the office of the register of deeds of each county in which the property is located that shows the ownership of the land subject to the petition application.
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10. 77.82 (2) (dm) of the statutes is created to read:
77.82 (2) (dm) A proposed management plan.
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11. 77.82 (2) (e) of the statutes is amended to read:
77.82 (2) (e) A statement of the owner's forest management objectives for the production of merchantable timber, in sufficient detail to provide direction for the development and approval of a management plan. The petition application may also state additional forest management objectives, which may include wildlife habitat management, aesthetic considerations, watershed management and recreational use.
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12
. 77.82 (2) (e) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
77.82 (2) (e) A statement of the owner's forest management objectives for the production of merchantable timber, in sufficient detail to provide direction for the development and approval of a
the proposed management plan. The application may also state additional forest management objectives, which may include wildlife habitat management, aesthetic considerations, watershed management and recreational use.
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13. 77.82 (2) (f) of the statutes is amended to read:
77.82 (2) (f) Proof that each person holding any encumbrance on the land agrees to the petition that the application may be filed.
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14. 77.82 (2) (i) of the statutes is amended to read:
77.82 (2) (i) If a proposed management plan is not submitted filed with the petition application, a request that the department prepare a management plan. The department may decline to prepare the plan.
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15. 77.82 (2) (i) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.
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16. 77.82 (2m) (title) of the statutes is amended to read:
77.82 (2m) (title) Fees for petitions applications and management plans.
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17. 77.82 (2m) (a) 1. of the statutes is amended to read:
77.82 (2m) (a) 1. A petition An application under sub. (2), (4m), or (12) shall be accompanied by a nonrefundable application recording fee of $20 unless a different amount for the recording fee is established by the department by rule at an amount equal to the average expense to the department for recording an order issued under this subchapter.
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18. 77.82 (2m) (a) 1. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 77.82 (2m) (a).
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19. 77.82 (2m) (a) 2. of the statutes is amended to read:
77.82 (2m) (a) 2. If a petition
an application under sub. (2), (4m), or (12) is not accompanied by a proposed management plan that meets the requirements under par. (c), the department shall charge the plan preparation fee established under par. (am) if the department agrees to complete the plan.
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20. 77.82 (2m) (a) 2. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.
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21. 77.82 (2m) (ac) of the statutes is created to read:
77.82 (2m) (ac) If the department prepares a management plan under sub. (3) (am), the department shall collect from the applicant the management plan fee established under par. (am).
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22. 77.82 (2m) (am) of the statutes is amended to read:
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.
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23. 77.82 (2m) (c) of the statutes is amended to read:
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.
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24. 77.82 (2m) (d) of the statutes is amended to read:
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).
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25. 77.82 (2m) (dm) 1. of the statutes is amended to read:
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).
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26. 77.82 (2m) (e) of the statutes is amended to read:
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.
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27. 77.82 (2m) (e) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 77.82 (2m) (ag) and amended to read:
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.
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28. 77.82 (3) (a) of the statutes is amended to read:
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.
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29. 77.82 (3) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 77.82 (3) (ag) and amended to read:
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.
(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.
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30. 77.82 (3) (am) of the statutes is created to read:
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.
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31. 77.82 (3) (c) (intro.) of the statutes is amended to read:
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:
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33. 77.82 (3) (g) of the statutes is amended to read:
