SB161-SSA1,13,2017
77.84
(2) (d) Except as provided in par. (e), for managed forest land orders that
18take effect on or after the effective date of this paragraph .... [LRB inserts date], each
19owner of managed forest land shall pay to each municipal treasurer on or before
20January 31, an amount equal to the amount calculated under par. (am).
SB161-SSA1,13,2421
(e) For managed forest land orders that take effect on or after the effective date
22of this paragraph .... [LRB inserts date], each owner of managed forest land that is
23closed under s. 77.83 shall pay to each municipal treasurer on or before January 31,
24an amount equal to the greater of the following:
SB161-SSA1,13,2525
1. The amount calculated under both of the following:
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1a. Paragraph (am).
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b. Paragraph (bm).
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2. The sum of the following:
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a. An amount equal to 5 percent of the assessed value of the managed forest
5land that is closed under s. 77.83, multiplied by the full value effective rate of
6taxation applicable to general property in the same taxation district as the managed
7forest land.
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b. An amount equal to 20 percent of the assessed value of the managed forest
9land that is closed under s. 77.83, multiplied by the full value effective rate of
10taxation applicable to general property in the same taxation district as the managed
11forest land.
Note: This Section modifies the calculation of acreage shares for closed acreage
under new managed forest land orders. Acreage that is open under new managed forest
land orders would remain subject to the same acreage shares that apply to orders that
take effect after April 28, 2004.
SB161-SSA1, s. 25
12Section
25
. 77.86 (1) of the statutes is renumbered 77.86 (1m), and 77.86 (1m)
13(c), as renumbered, is amended to read:
SB161-SSA1,14,2014
77.86
(1m) (c) If the proposed cutting conforms to the management plan and
15is consistent with sound forestry practices, the department shall approve the
16request.
In determining whether a proposed cutting is consistent with sound forestry
17practices, the department may also consider, if consistent with the objectives of the
18owner, the effect of the proposed cutting on the management of forest resources, other
19than trees, including wildlife habitat, watersheds, aesthetics, and endangered and
20threatened plant and animal species.
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77.86
(1g) In this section:
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(a) "Board" means the managed forest land review board.
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1(b) "Sound forestry practices" means forest cultural methods, including
2methods for timber cutting and for transporting timber, that the department
3determines are effective in propagating and improving the various timber types that
4are common in this state.
SB161-SSA1,15,96
77.86
(3) Time limit. All cutting specified in the notice under sub.
(1) (1m) (b)
7shall be commenced within one year after the date the proposed cutting is approved.
8The owner shall report to the department the date on which the cutting is
9commenced.
SB161-SSA1,15,1311
77.86
(5) (a) Any person who fails to file the notice required under sub.
(1) (1m) 12(b), who fails to file a report as required under sub. (4), or who files a false report
13under sub. (4) shall forfeit not more than $1,000.
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1577.865 Review. (1) In this section:
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(a) "Board" means the managed forest land review board.
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(b) "Sound forestry practices" has the meaning given in s. 77.86 (1g) (b).
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18(2) If the department decides that an owner of managed forest land is
19managing the land in a manner that the department determines is inconsistent with
20sound forestry practices, the owner may challenge that decision by requesting that
21the board review the decision.
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22(3) An owner who requests review of a department decision under sub. (2) shall
23submit a written request to the board within 30 days after the date on which the
24owner receives notice of the department's decision.
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1(4) Upon receiving a request from an owner under sub. (3), the board shall,
2within a reasonable time, review the department's decision, render an opinion on
3whether or not the owner's management of the managed forest land is consistent
4with sound forestry practices, and forward its opinion to the chief state forester. The
5chief state forester shall review the board's opinion and issue a decision, in writing,
6that states whether or not he or she concurs with the board's opinion. The chief state
7forester shall include in his or her decision sufficient facts to support the decision.
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8(5) If the chief state forester decides, after considering the board's opinion
9under sub. (4), that the owner's management of the managed forest land is consistent
10with sound forestry practices, the department shall adopt the decision of the chief
11state forester as the department's decision on the issue.
SB161-SSA1,16,14
12(6) An owner adversely affected by the decision of the chief state forester under
13sub. (5) shall have the right to a contested case hearing under s. 227.42 on the issues
14decided by the chief state forester.
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15(7) The department shall promulgate rules that establish additional
16procedures, including filing, review, and decision deadlines, with regard to an
17owner's challenge of a department decision under this section.
Note: Section 1 creates the managed forest land review board in DNR and
specifies the membership of the board. Section
29 creates an optional procedure for MFL
owners who are dissatisfied with a DNR decision regarding the practice of sound forestry
to request review of the decision by the board. The board must review and decide upon
the issues in the request and issue an opinion for review by the chief state forester. The
chief state forester then determines whether to accept the board's recommendation and
must issue a decision in writing. DNR is required to promulgate rules regarding the
procedures for the board's review. An MFL owner retains the right to a contested case
hearing on the issues decided under this procedure by the chief state forester.
SB161-SSA1, s. 30
18Section
30. 77.88 (5) (a) 1. and 2. and (b) 1. and 2. of the statutes are amended
19to read:
SB161-SSA1,17,3
177.88
(5) (a) 1. An amount equal to the past tax liability multiplied by the
2number of years the land was designated as managed forest land, less any amounts
3paid by the owner under ss. 77.84 (2) (a)
and, (am)
, (d), and (e) 1. a. or 2. a., and 77.87.
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2. Five percent of the stumpage value of the merchantable timber on the land,
5less any amounts paid by the owner under ss. 77.84 (2) (a)
and, (am)
, (d), and (e) 1.
6a. or 2. a., and 77.87.
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(b) 1. An amount equal to the past tax liability multiplied by the number of
8years since the renewal, less any amounts paid by the owner under ss. 77.84 (2) (a)
9and, (am)
, (d), and (e) 1. a. or 2. a., and 77.87.
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2. Five percent of the stumpage value of the merchantable timber on the land,
11less any amounts paid by the owner under ss. 77.84 (2) (a)
and, (am)
, (d), and (e) 1.
12a. or 2. a., and 77.87.
Note: This Section updates cross-references used in the calculation of
withdrawal taxes.
SB161-SSA1,17,2014
77.89
(2) (a) Each municipal treasurer shall pay 20% of each payment received
15under sub. (1) and under ss. 77.84 (2) (a)
and, (am),
(d), and (e) 1. a. and 2. a., 77.85,
16and 77.876 to the county treasurer and shall deposit the remainder in the municipal
17treasury. The payment to the county treasurer for money received before November
181 of any year shall be made on or before the November 15 after its receipt. For money
19received on or after November 1 of any year, the payment to the county treasurer
20shall be made on or before November 15 of the following year.
SB161-SSA1,18,622
77.89
(2) (b) The municipal treasurer shall pay
all 48 percent of the amounts
23received under s. 77.84 (2) (b)
and, (bm)
, and (e) 1. b. and 2. b. to the county treasurer,
1as provided under ss. 74.25 and 74.30. The
county municipal treasurer shall, by June
230 of each year, pay
all 20 percent of the amounts received under
this paragraph
s.
377.84 (2) (b), (bm), and (e) 1. b. and 2. b. to the department.
All amounts received by
4the department shall be credited to the conservation fund and shall be reserved for
5land acquisition, resource management activities, and grants under s. 77.895 The
6municipal treasurer shall deposit the remainder in the municipal treasury.
Note: The percentages specified in this paragraph have the effect of sending 20%
of the total amounts received under s. 77.89 (2) (b), stats. (generally, closed acreage shares
for managed forest land), to the department and sending 60% of the amount remaining
to the counties. Directives on the use of the funds by the county are described below in
par. (c).
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77.89
(2) (c) 1. Except as provided in subd. 2., from the amounts received by a
9county under par. (b), at least five-sixths of the amounts shall be expended by the
10county to acquire by purchase, lease, easement, or other agreement land that will be
11open to the public for hunting, fishing, hiking, sight-seeing, and cross-country
12skiing.
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2. A county with at least 40 percent of its total area consisting of public access
14lands shall spend at least five-sixth of the amounts received under par. (b) for
15acquisitions as described in subd. 1. or for activities to improve resource
16management, or any combination thereof. Resource management activities may
17include forest growth, forest health, fish habitat, wildlife habitat, or watershed
18protection.
Note: This paragraph specifies that at least five-sixths of the amount a county
receives under s. 77.89 (2) (b), stats. (generally, the county portion of the closed acreage
shares), shall be expended to acquire by purchase, lease, easement, or other agreement
land that will be open to the public for hunting and certain other recreational activities,
unless the county meets a 40% threshold for ownership of public access lands, as defined
above. If the county meets the 40% public access threshold, the county shall spend this
"closed acreage share" amount for these types of acquisitions or for activities to improve
resource management. These activities include forest growth, forest health, fish habitat,
wildlife habitat, and watershed protection.
SB161-SSA1,19,72
77.896
(1) Designation. (a) 1. The department shall promulgate rules under
3which the department may designate forest enterprise areas targeted for
4sustainable forestry and forest-based economic development. The department shall
5promulgate rules to establish criteria for determining eligibility and approval of a
6proposed forest enterprise area and the modification or termination of the
7designation of a forest enterprise area.
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2. A town or county that proposes to create a forest enterprise area shall apply
9to the department. If a town submits an application to the department, the proposed
10forest enterprise area shall be consistent with the town plan for forest preservation
11and development if the town has a plan for forest preservation and development. If
12a county submits an application to the department, the proposed forest enterprise
13area shall be consistent with the county plan for forest preservation and
14development if the county has a plan for forest preservation and development.
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3. The department shall promulgate rules that set forth the information that
16is required to be included in an application submitted under subd. 2.
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(b) The department may not designate an area as a forest enterprise area
18unless the department receives an application requesting the designation and the
19application complies with par. (a).
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(c) Subject to par. (d), the department may designate forest enterprise areas
21with a combined area of not more than 200,000 acres of land.
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(d) Before January 1, 2013, the department may designate not more than 10
23forest enterprise areas with a combined area of not more than 75,000 acres of land.
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(e) The minimum size of a forest enterprise area designated under this
25subsection shall be 5,000 acres of land.
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1(f) In designating forest enterprise areas under this subsection, the department
2shall give preference to areas that include at least 1,000 acres of land designated as
3managed forest land under s. 77.82.
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(g) In designating forest enterprise areas under this subsection, the
5department may not include an acre of land in more than one enterprise area.
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6(2) Effect of designation. (a) A town, for which a forest enterprise area has
7been designated under sub. (1), shall receive, from the appropriation account under
8s. 20.370 (1) (cw), an annual payment of $1 for each acre in the town that is
9designated as managed forest land under s. 77.82 and that is included in a forest
10enterprise area.
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(b) A county, for which a forest enterprise area has been designated under sub.
12(1), shall receive, from the appropriation account under s. 20.370 (1) (cw), an annual
13payment of 50 cents for each acre in the county that is designated as managed forest
14land under s. 77.82 and that is included in a forest enterprise area.
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(c) A town or county that receives a payment under par. (a) or (b) shall use the
16funds for sustainable forestry and forest-based economic development within the
17town or county, including educating landowners about the benefits of participating
18in a forest enterprise area, and contracting with a forester who engages in the
19practice of providing consultation services on forestry issues to assist landowners in
20preparing applications under s. 77.82 (2) or owners of managed forest land in
21preparing management plans under s. 77.82 (3).
Note: This Section requires the DNR to designate forest enterprise areas in
administrative rule. The DNR may designate forest enterprise areas with a combined
area of up to 200,000 acres. However, before 2013, DNR may only designate up to 10
forest enterprise areas with a combined area of up to 75,000 acres. When designating
forest enterprise areas, the DNR must give preference to areas that include at least 1,000
acres of MFL land. A town within a forest enterprise area is eligible to receive an annual
payment of $1 for each acre of MFL land in the forest enterprise area. A county within
a forest enterprise area is eligible to receive an annual payment of 50 cents for each acre
of MFL land in the forest enterprise area. These payments for towns and counties come
from the forestry mill tax revenues. The payments must be used for sustainable forestry
and forest-based economic development within the town or county.
SB161-SSA1,21,6
2(1)
Rules. The department of natural resources shall submit in proposed form
3the rules required under section 77.82 (3e) (b) 2. and (3m) of the statutes, as created
4by this act, to the legislative council staff under section 227.15 (1) of the statutes no
5later than the first day of the 12th month beginning after the effective date of this
6subsection.
Note: This Section requires DNR to submit proposed rules regarding the
modification of management plans for group enrollments and for annual allowable
timber harvests no later than the first day of the 12th month beginning after the effective
date of the substitute amendment.
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7(2)
Board. The initial members of the managed forest land review board under
8section 15.345 (7) (a) to (g) of the statutes, as created by this act, shall be appointed
9for the following terms:
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10(a) Three members for a term that expires on July 1, 2014.
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11(b) Two members for a term that expires on July 1, 2015.
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12(c) Two members for a term that expires on July 1, 2016.
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13(3) The department of natural resources shall submit in proposed form the
14rules required under section 77.865 (7) of the statutes, as created by this act, to the
15legislative council staff under section 227.15 (1) of the statutes no later than the first
16day of the 6th month beginning after the effective date of this subsection.
SB161-SSA1,22,2
18(1)
The treatment of section 77.82 (4g) (title), (a), and (b) and (8) of the statutes,
19the renumbering and amendment of section 77.82 (4) of the statutes, the amendment
20of section 77.82 (4) (title) of the statutes, and the creation of section 77.82 (4) (b) of
21the statutes first apply to applications to designate additional land as managed
1forest land that are filed with the department of natural resources on the effective
2date of this subsection.