SB543: Bill Text

SB543,21 Section 21. 77.82 (1) (a) 2. of the statutes is amended to read:

SB543,12,22 77.82 (1) (a) 2. At least 80% of the parcel must be producing or capable of producing a minimum of 20 cubic feet of merchantable timber per acre per year, except as provided in s. 77.88 (2m).

SB543,22 Section 22. 77.82 (1) (b) 3. of the statutes is amended to read:

SB543,12,25 77.82 (1) (b) 3. A parcel that is developed for a human residence on which a building or an improvement associated with a building is located.

SB543,23 Section 23. 77.82 (1) (bn) of the statutes is renumbered 77.88 (3g) (d) and amended to read:

SB543,13,7 77.88 (3g) (d) For purposes of par. (b) 3. this subsection and sub. (3j), the department by rule shall define "human residence" to include a residence of the applicant regardless of whether it is the applicant's primary residence. The definition may also include up to one acre surrounding the residence for a residence that is not the applicant's primary residence.

SB543,24 Section 24. 77.82 (1) (bp) of the statutes is created to read:

SB543,13,10 77.82 (1) (bp) 1. For purposes of par. (b) 3., and except as provided in subd. 2., an improvement is any of the following:

SB543,13,12 a. Any accessory building, structure, or fixture that is built or placed on the parcel for its benefit.

SB543,13,13 b. Landscaping that is done on the parcel.

SB543,13,14 2. An improvement does not include any of the following:

SB543,13,15 a. A public or private road.

SB543,13,16 b. A railroad or utility right-of way.

SB543,13,18 c. A fence, unless the fence prevents the free and open movement of wild animals across any portion of the parcel.

SB543,13,19 d. Culverts.

SB543,13,20 e. Bridges.

SB543,13,22 f. Other buildings, structures, and fixtures that are needed for sound forestry practices.

SB543,25 Section 25. 77.82 (2m) (title) of the statutes is amended to read:

SB543,13,24 77.82 (2m) (title) Fees for applications and management plans.

SB543,26 Section 26. 77.82 (2m) (ac) of the statutes is repealed.

SB543,27 Section 27. 77.82 (2m) (ag) of the statutes is repealed.

SB543,28 Section 28. 77.82 (2m) (am) of the statutes is repealed.

SB543,29 Section 29. 77.82 (2m) (c) of the statutes is repealed.

SB543,30 Section 30. 77.82 (2m) (dm) 1. of the statutes is repealed.

SB543,31 Section 31. 77.82 (2m) (dm) 2. of the statutes is repealed.

SB543,32 Section 32. 77.82 (3) (title) of the statutes is amended to read:

SB543,14,7 77.82 (3) (title) Management plan plans.

SB543,33 Section 33. 77.82 (3) (ag) of the statutes is amended to read:

SB543,14,12 77.82 (3) (ag) A proposed management plan shall cover the entire acreage of each parcel subject to the application and shall be prepared by an independent a certified plan writer or by the department if par. (am) applies on a form provided by the department.

SB543,34 Section 34. 77.82 (3) (am) of the statutes is repealed.

SB543,35 Section 35. 77.82 (3) (ar) of the statutes is amended to read:

SB543,14,22 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.

SB543,36 Section 36. 77.82 (3) (c) (intro.) of the statutes is amended to read:

SB543,14,25 77.82 (3) (c) (intro.) To qualify for approval, a management plan shall include all of the following items:

SB543,37 Section 37. 77.82 (3) (g) of the statutes is amended to read:

SB543,15,6 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.

SB543,38 Section 38. 77.82 (3m) of the statutes is created to read:

SB543,15,11 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:

SB543,15,14 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.

SB543,15,16 2. The total number of counties in which either or both of the following are located:

SB543,15,17 a. Land that is covered by the proposed management plan.

SB543,15,19 b. Land that is owned by the applicant and that is either designated as managed forest land or that are forest croplands.

SB543,15,21 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.

SB543,15,25 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.

SB543,16,2 5. Whether the owner has demonstrated that it has consistent access to technical forest management assistance provided by its own staff or consultants.

SB543,16,8 (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.

SB543,39 Section 39. 77.82 (4) of the statutes is amended to read:

SB543,16,20 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.

SB543,40 Section 40. 77.82 (4g) of the statutes is repealed.

SB543,41 Section 41. 77.82 (4m) (d) of the statutes is repealed.

SB543,42 Section 42. 77.82 (12) of the statutes is renumbered 77.82 (12) (a) and amended to read:

SB543,17,7 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:

SB543,17,8 1. The land fails to meet the eligibility requirements under sub. (1), if the.

SB543,17,10 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.

SB543,17,11 7. There are delinquent taxes on the land.

SB543,17,13 (b) If the application is denied, the department shall state the reason for the denial in writing.

SB543,43 Section 43. 77.82 (12) (a) 2. of the statutes is created to read:

SB543,17,17 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.

SB543,44 Section 44. 77.82 (12) (a) 4. of the statutes is created to read:

SB543,17,22 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.

SB543,45 Section 45. 77.82 (12) (a) 5. of the statutes is created to read:

SB543,18,2 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.

SB543,46 Section 46. 77.82 (12) (a) 6. of the statutes is created to read:

SB543,18,7 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.

SB543,47 Section 47. 77.83 (2) (am) of the statutes is repealed.

SB543,48 Section 48. 77.83 (2) (ar) of the statutes is created to read:

SB543,18,13 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.

SB543,49 Section 49. 77.83 (2) (b) of the statutes is amended to read:

SB543,18,18 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.

SB543,50 Section 50. 77.83 (2) (d) of the statutes is created to read:

SB543,18,23 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.

SB543,19,3 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.

SB543,51 Section 51. 77.83 (4) (a) of the statutes is renumbered 77.83 (4).

SB543,52 Section 52. 77.83 (4) (b) of the statutes is repealed.

SB543,53 Section 53. 77.84 (3) (b) of the statutes is amended to read:

SB543,19,18 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.

SB543,54 Section 54. 77.86 (title) of the statutes is repealed and recreated to read:

SB543,19,20 77.86 (title) Cutting practices.

SB543,55 Section 55. 77.86 (1) (title) of the statutes is renumbered 77.86 (1b) (title) and amended to read:

SB543,19,23 77.86 (1b) (title) Cutting regulated prohibited.

SB543,56 Section 56. 77.86 (1) (a) of the statutes is renumbered 77.86 (1b).

SB543,57 Section 57. 77.86 (1) (b) of the statutes is renumbered 77.86 (1g) (a).

SB543,58 Section 58. 77.86 (1) (c) of the statutes is renumbered 77.86 (1g) (b) and amended to read:

SB543,20,5 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.

SB543,59 Section 59. 77.86 (1) (d) of the statutes is renumbered 77.86 (1g) (c) and amended to read:

SB543,20,11 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.

SB543,60 Section 60. 77.86 (1g) (title) of the statutes is created to read:

SB543,20,13 77.86 (1g) (title) Approval by department.

SB543,61 Section 61. 77.86 (2) of the statutes is repealed.