AB700: Bill Text

AB700,14,22 77.82 (3) (ar) For a each proposed management plan prepared by an independent certified plan writer prepared under par. (ag), 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.

AB700,36 Section 36. 77.82 (3) (c) (intro.) of the statutes is amended to read:

AB700,14,25 77.82 (3) (c) (intro.) To qualify for approval, a management plan shall include all of the following items:

AB700,37 Section 37. 77.82 (3) (g) of the statutes is amended to read:

AB700,15,6 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.

AB700,38 Section 38. 77.82 (3m) of the statutes is created to read:

AB700,15,11 77.82 (3m) Management plans; large properties. (a) Notwithstanding sub. (3) (c), the department may modify any item that is required in a management plan for a large property. In determining whether to make a modification, the department shall consider all of the following:

AB700,15,14 1. Whether the owner of the large property owns other land that is designated as managed forest land or that are forest croplands subject to a contract under s. 77.03.

AB700,15,16 2. The total number of counties in which either or both of the following are located:

AB700,15,17 a. Land that is covered by the proposed management plan.

AB700,15,19 b. Land that is owned by the applicant and that is either designated as managed forest land or that are forest croplands.

AB700,15,21 3. Whether a management plan that has been prepared by or for the applicant and that is acceptable to the department exists and is available for review.

AB700,15,25 4. Whether the owner submits a written commitment that the owner will provide any information from the owner's management plan that may be requested by the department. The commitment shall describe the proposed management plan and shall include a procedure to be used to amend or update the plan.

AB700,16,2 5. Whether the owner has demonstrated that it has consistent access to technical forest management assistance provided by its own staff or consultants.

AB700,16,8 (b) If the managed forest land that remains after a withdrawal or transfer of ownership no longer constitutes a large property, the department shall notify the owner of the land remaining subject to the managed forest land order that the owner must prepare a new management plan for the remaining land. The new plan shall be prepared in accordance with the procedures and requirements under sub. (3). The owner shall submit the plan to the department within one year after being notified.

AB700,39 Section 39. 77.82 (4) of the statutes is amended to read:

AB700,16,20 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 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 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 application shall be filed on a department form and shall contain any additional information required by the department.

AB700,40 Section 40. 77.82 (4g) of the statutes is repealed.

AB700,41 Section 41. 77.82 (4m) (d) of the statutes is repealed.

AB700,42 Section 42. 77.82 (12) of the statutes is renumbered 77.82 (12) (a) and amended to read:

AB700,17,7 77.82 (12) (a) An owner of managed forest land may file an application with the department under sub. (2) for renewal of the order. An application for renewal shall be filed no later than the June 1 before the expiration date of the order. The application shall specify whether the owner wants the order renewed for 25 or 50 years. The provisions under subs. (3), (5), (6), and (7) do not apply to an application under this subsection paragraph. The department may deny the application only if the any of the following apply:

AB700,17,8 1. The land fails to meet the eligibility requirements under sub. (1), if the.

AB700,17,10 3. The owner has failed to comply with the management plan that is in effect on the date that the application for renewal is filed, or if there.

AB700,17,11 7. There are delinquent taxes on the land.

AB700,17,13 (b) If the application is denied, the department shall state the reason for the denial in writing.

AB700,43 Section 43. 77.82 (12) (a) 2. of the statutes is created to read:

AB700,17,17 77.82 (12) (a) 2. The land that is subject to the application for renewal of the order is not identical to the land that is designated as managed forest land under the existing order.

AB700,44 Section 44. 77.82 (12) (a) 4. of the statutes is created to read:

AB700,17,22 77.82 (12) (a) 4. The management plan does not contain any mandatory forestry or soil conservation practices, as described in sub. (3) (c) 6. and 7., or any mandatory management activities, as described in sub. (3) (d), that the department determines are required to be continued during the term of the renewed order.

AB700,45 Section 45. 77.82 (12) (a) 5. of the statutes is created to read:

AB700,18,2 77.82 (12) (a) 5. No review of the mandatory forestry or soil conservation practices or the mandatory management activities contained in the management plan has been conducted within the 5 years immediately preceding the date of the application for renewal.

AB700,46 Section 46. 77.82 (12) (a) 6. of the statutes is created to read:

AB700,18,7 77.82 (12) (a) 6. Within the 5 years immediately preceding the date of the application for renewal, the management plan has not been updated to reflect the completion of any forestry or soil conservation practices or management activities contained in the plan.

AB700,47 Section 47. 77.83 (2) (am) of the statutes is repealed.

AB700,48 Section 48. 77.83 (2) (ar) of the statutes is created to read:

AB700,18,13 77.83 (2) (ar) An owner of managed forest land may enter into a lease or other agreement for consideration that permits persons to engage in a recreational activity on managed forest land that is designated as closed and that is not part of a large property.

AB700,49 Section 49. 77.83 (2) (b) of the statutes is amended to read:

AB700,18,18 77.83 (2) (b) An owner may restrict public access to any area of open managed forest land which is within 300 feet of any building or within 300 feet of a commercial logging, thinning, or reforestation operation that conforms or other forest management activity if the operation or activity conforms to the management plan.

AB700,50 Section 50. 77.83 (2) (d) of the statutes is created to read:

AB700,18,23 77.83 (2) (d) 1. An owner of managed forest land that is designated as open shall ensure that the public has access to that land for all of the purposes specified in par. (a). The method of access and location of the access shall be equivalent to the method of access and location of the access that is used by the owner of the land.

AB700,19,3 2. If the owner is unable to provide the access that is required under subd. 1., the department shall modify the designation of the land from being open to being closed.

AB700,51 Section 51. 77.83 (4) (a) of the statutes is renumbered 77.83 (4).

AB700,52 Section 52. 77.83 (4) (b) of the statutes is repealed.

AB700,53 Section 53. 77.84 (3) (b) of the statutes is amended to read:

AB700,19,18 77.84 (3) (b) Immediately after receiving the certification of the county clerk that a tax deed has been taken, the department shall issue an order withdrawing the land as managed forest land. The notice requirement under s. 77.88 (1) does not apply to the department's action under this paragraph. The department shall notify the county treasurer of the amount of the withdrawal fee under s. 77.88 (5m) and the. The county shall determine the amount of the withdrawal tax, as determined under s. 77.88 (5). The amount of the tax and the fee shall be payable to the department under s. 75.36 (3) if the property is sold by the county. The amount shall be credited to the conservation fund. If the county sells the land, the county shall assess the withdrawal tax and the withdrawal fee under s. 77.88 (5m) against the purchaser of the land. The notice requirement under s. 77.88 (1) does not apply to the department's action under this paragraph.

AB700,54 Section 54. 77.86 (title) of the statutes is repealed and recreated to read:

AB700,19,20 77.86 (title) Cutting practices.

AB700,55 Section 55. 77.86 (1) (title) of the statutes is renumbered 77.86 (1b) (title) and amended to read:

AB700,19,23 77.86 (1b) (title) Cutting regulated prohibited.

AB700,56 Section 56. 77.86 (1) (a) of the statutes is renumbered 77.86 (1b).

AB700,57 Section 57. 77.86 (1) (b) of the statutes is renumbered 77.86 (1g) (a).

AB700,58 Section 58. 77.86 (1) (c) of the statutes is renumbered 77.86 (1g) (b) and amended to read:

AB700,20,5 77.86 (1g) (b) If the proposed cutting proposed under par. (a) conforms to the management plan and is consistent with sound forestry practices, the department shall approve the request.

AB700,59 Section 59. 77.86 (1) (d) of the statutes is renumbered 77.86 (1g) (c) and amended to read:

AB700,20,11 77.86 (1g) (c) If the proposed cutting proposed under par. (a) 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.

AB700,60 Section 60. 77.86 (1g) (title) of the statutes is created to read:

AB700,20,13 77.86 (1g) (title) Approval by department.

AB700,61 Section 61. 77.86 (2) of the statutes is repealed.

AB700,62 Section 62. 77.86 (3) (title) of the statutes is repealed.

AB700,63 Section 63. 77.86 (3) of the statutes is renumbered 77.86 (1g) (d) and amended to read:

AB700,20,20 77.86 (1g) (d) All cutting specified in the notice under sub. (1) (b) par. (a) shall be commenced within one year after the date the proposed cutting is approved. The owner shall report to the department the date on which the cutting is commenced.

AB700,64 Section 64. 77.86 (4) of the statutes is amended to read:

AB700,21,2 77.86 (4) Reporting. Within 30 days after completion of any cutting approved under this section subject to sub. (1g), the owner shall report to the department, on a form provided by the department, a description of the species of wood, kind of product and the quantity of each species cut as shown by the scale or measurement made on the ground as cut, skidded, loaded or delivered, or by tree scale certified by a forester acceptable to the department if the wood is sold by tree measurement.

AB700,65 Section 65. 77.86 (4m) of the statutes is created to read:

AB700,21,5 77.86 (4m) Large properties. (a) The owner of a large property is exempt from the requirements under sub. (1g) if all of the following requirements are met:

AB700,21,8 1. The owner has received certification from an independent forestry organization that the owner is qualified to ensure that cutting of timber from the large property is consistent with sound forestry practices.

AB700,21,11 2. The department has recognized that the independent forestry organization under subd. 1. is qualified to make certifications under subd. 1. and under the rules promulgated under par. (b).

AB700,21,12 3. The owner complies with the rules promulgated under par. (c).

AB700,21,15 (b) The department shall promulgate rules that establish standards that an independent forestry organization shall meet in order to be recognized by the department for purposes of par. (a) 1.

AB700,21,17 (c) The department shall promulgate rules that establish cutting requirements that apply to owners of large properties. These rules shall include:

AB700,21,20 1. A requirement that proposed cuttings comply with the applicable management plans of owners of large properties and that they are consistent with sound forestry practices.

AB700,21,21 2. Requirements for cutting notices.

AB700,21,22 3. Time limits for the completion of cuttings.

AB700,21,24 4. Procedures for requesting variances from the requirements established under subds. 1. and 3.

AB700,22,2 5. Procedures to allow the department to audit the cutting of timber on the large property.

AB700,66 Section 66. 77.86 (5) (a) of the statutes is amended to read:

AB700,22,7 77.86 (5) (a) Any person who fails to file the notice required under sub. (1) (b) (1g) (a), who fails to file a report as required under sub. (4), or who files a false report under sub. (4), or who fails to comply with a rule promulgated under sub. (4m) (c) shall forfeit not more than $1,000.

AB700,67 Section 67. 77.86 (5) (b) of the statutes is amended to read:

AB700,22,12 77.86 (5) (b) Any owner who cuts merchantable timber in violation of this section or a rule promulgated under sub. (4m) (c) is subject to a forfeiture equal to 20% of the current value of the merchantable timber cut, based on the stumpage value established under s. 77.91 (1).

AB700,68 Section 68. 77.87 (1) of the statutes is amended to read:

AB700,22,24 77.87 (1) Taxation. The department shall assess a determine the amount of yield tax to be assessed against each an owner who cuts merchantable timber in a given county and who files a report under s. 77.86. If the owner fails to timely file a report under s. 77.86 (4), the department shall determine the value of the merchantable timber cut for the assessment of and the yield tax. The department shall then certify to each county in which the cutting occurred the amount of yield tax to be assessed by that county. The yield tax assessed by a county under this subsection shall equal 5% of the value of the merchantable timber cut, based on the stumpage value established under s. 77.91 (1). The department A county assessing a yield tax under this subsection or under sub. (2) shall mail a copy of the certificate of assessment to the owner at the owner's last-known address.

AB700,69 Section 69. 77.87 (1g) (d) of the statutes is repealed.

AB700,70 Section 70. 77.87 (2) of the statutes is amended to read:

AB700,23,9 77.87 (2) Supplemental yield tax. At any time within one year after a report is filed under s. 77.86 (4), the department, after notifying the owner and providing the owner with the opportunity for a hearing, may determine whether the report is accurate. If the department determines that the quantity of merchantable timber cut exceeded the amount on which the tax was assessed under sub. (1), the department shall assess a certify to each county in which the timber was cut the amount of supplemental yield tax to be assessed by that county on the additional amount as provided under sub. (1).

AB700,71 Section 71. 77.87 (3) of the statutes is amended to read:

AB700,23,16 77.87 (3) Payment. A tax assessed under sub. (1) or (2) is due and payable to the department each county in which the cutting of merchantable timber occurred on the last day of the next month following the date the certificate is mailed to the owner. The department county 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.

AB700,72 Section 72. 77.87 (5) of the statutes is amended to read:

AB700,23,23 77.87 (5) Delinquency. If a tax due under this section is not paid on or before the last day of the August following the date specified under sub. (3), the department county shall certify to the taxation district clerk municipal clerk of each municipality in which the cutting occurred the description of the land, and the amount due for the tax and interest. The taxation district municipal clerk shall enter the delinquent amount on the property tax roll as a special charge.

AB700,73 Section 73. 77.876 (1) of the statutes is amended to read: