AB561: Bill Text

This bill creates a provision that allows an owner of MFL that has been damaged by a natural disaster to restore the productivity of the land so that it meets the requirements under the MFL program for producing merchantable timber. If the owner fails to complete the restoration within a time period specified by DNR, either DNR may order withdrawal of the land or the owner of the land may request withdrawal of the land. The owner is exempt from payment of withdrawal taxes if the owner makes the request and DNR determines that the MFL is unable to meet the production requirements for merchantable timber and if the owner withdraws only the number of acres necessary for the parcel to again meet the production requirements. This bill defines "natural disaster" as fire, ice, snow, wind, flooding, insects, drought, or disease.

This bill also allows an owner who is unable to meet the requirements for producing merchantable timber for environmental, ecological, or economic reasons to request withdrawal of that part of a parcel that is unsuitable for the production of merchantable timber. The owner is exempt from payment of withdrawal taxes or fees.

Under current law, a person may not cut any merchantable wood products on FCL or any merchantable timber on MFL unless the owner has filed a notice with DNR. DNR may prescribe the amount of forest products or timber to be removed unless the notice of intention to cut was provided to DNR by a cooperating forester authorized to assist in the harvesting and sale of timber or by an accredited forester. Under this bill, DNR may not prescribe the amount of forest products or timber to be removed if the notice of intention to cut was provided to DNR by additional persons meeting specified education and work experience requirements.

Closed lands

Under current law, an owner may designate MFL as closed to public access. The closed area may consist of a quarter-quarter section, a government lot, a fractional lot, or a combination thereof or up to 160 acres in each municipality. Under this bill, an owner may designate any MFL as closed to public access, and the limit on acreage that can be designated as closed applies only to land owned by a business entity.

This bill also allows an owner of land designated as closed to permit a person who performs land management activities on the land to access the land to conduct recreational activities.

Other provisions

Under current law, a "forest production area" is an area in a state forest that DNR has classified as an area in which the primary management objective relates to the production of timber and other forest products. This bill requires DNR to propose a variance to the master plans of all state forests except for the southern state forests and Governor Knowles State Forest so that 75 percent of all the land in those state forests combined is classified as a forest production area.

Under current law, DNR conducts a natural heritage inventory program to determine the existence and degree of endangerment of natural areas. Under this bill, activities under the program related to private property may be conducted only with the permission of the property owner.

This bill authorizes DNR to prepare a state wildlife action plan that identifies which native wildlife species with low or declining populations are most at risk and that provides guidance for activities to conserve those species. The plan may not require action by property owners or the department and may not be referenced as guidance on DNR forms.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB561,1 Section 1. 20.370 (1) (cr) of the statutes is amended to read:

AB561,6,4 20.370 (1) (cr) Forestry — recording fees. All moneys received under ss. 77.82 (2m) (d) and (4) and 77.88 (2) (d) (ac) 1. for the payment of fees to the registers of deeds under s. 77.91 (5).

AB561,2 Section 2. 23.0951 of the statutes is created to read:

AB561,6,11 23.0951 Wildlife action plan. The department may prepare a state wildlife action plan that identifies which native wildlife species with low or declining populations are most at risk and provides guidance for activities to conserve those species. The plan may not require action by property owners or the department. The department may not require that the plan be used as guidance on official department forms.

AB561,3 Section 3. 23.27 (3) (c) of the statutes is created to read:

AB561,6,15 23.27 (3) (c) Rights of property owners. The department may conduct activities under this subsection related to private property only with the permission of the owner of the property.

AB561,4 Section 4. 26.06 (1) of the statutes is amended to read:

AB561,7,10 26.06 (1) Foresters, forest supervisors, rangers and wardens of the department and the cruisers and foresters of the board of commissioners of public lands have the enforcement powers specified in s. 26.97 with respect to, and may seize, without process, any forest products unlawfully severed from public lands of the state, federal lands leased to the state, county forest lands entered under s. 28.11, forest croplands entered under subch. I of ch. 77 or managed forest land designated under subch. VI of ch. 77. Seized products cut from lands under the control of the board of commissioners of public lands shall be held for the commissioners and those cut from forest croplands, managed forest land or county forest shall be held for the owner, and subject to the payment of severance taxes, yield taxes or severance share thereon to the state. Products cut from state forest lands or federal lands leased to the department shall be appraised and sold. Products appraised at more than $500 shall be sold on sealed bids not less than 10 days after a class 1 notice has been published, under ch. 985, in the county where the material is located. Any sheriff may seize and hold for the owner thereof any forest products unlawfully severed or removed.

AB561,5 Section 5. 74.25 (1) (a) 6. of the statutes is amended to read:

AB561,7,15 74.25 (1) (a) 6. Pay to the county treasurer 20% 20 percent of collections of occupational taxes on coal docks, 20% 20 percent of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a) and, (am), and (bp), and all 20 percent of collections of payments for lands under s. 77.84 (2) (b), and (bm), and (bp).

AB561,6 Section 6. 74.30 (1) (f) of the statutes is amended to read:

AB561,7,20 74.30 (1) (f) Pay to the county treasurer 20% 20 percent of collections of occupational taxes on coal docks, 20% 20 percent of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a) and, (am), and (bp), and all 20 percent of collections of payments for lands under s. 77.84 (2) (b), and (bm), and (bp).

AB561,7 Section 7. 75.36 (2) (a) of the statutes is amended to read:

AB561,8,3 75.36 (2) (a) If property is acquired by a county taking a tax deed under this chapter, the county is not required to pay any special charges or special assessments until the property is sold by the county. In the case of lands designated as forest croplands or managed forest lands, the county is not required to pay any taxes under s. 77.04, 77.07 or 77.87 until the forest crop is cut. The liens of the tax certificate and of all general property taxes, special assessments, special charges and special taxes levied against the property shall merge in the county's title.

AB561,8 Section 8. 77.06 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB561,8,15 77.06 (1) (a) No person shall cut any merchantable wood products on any forest croplands where the forest crop taxes are delinquent nor until 30 days after the owner has filed with the department of natural resources a notice of intention to cut, specifying by descriptions and the estimated amount of wood products to be removed and the proportion of present volume to be left as growing stock in the area to be cut. The department of natural resources may require a bond executed by some surety company licensed in this state or other surety for such amount as may reasonably be required for the payment to the department of natural resources of the severance tax hereinafter provided. Merchantable wood products include all wood products except wood used for fuel by the owner.

AB561,9 Section 9. 77.06 (1) (b) 2. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 77.06 (1) (b) 2. (intro.) and amended to read:

AB561,8,20 77.06 (1) (b) 2. (intro.) If The department of natural resources may not prescribe the amount of forest products to be cut if the notice of intention to cut was provided to the department of natural resources by a any of the following:

AB561,8,24 a. A cooperating forester authorized under s. 28.05 to assist the state in the harvesting and sale of timber, or by a forester accredited by the Society of American Foresters, Association of Consulting Foresters, or Wisconsin Consulting Foresters, the department may not prescribe the amount of forest products to be removed.

AB561,10 Section 10. 77.06 (1) (b) 2. b. of the statutes is created to read:

AB561,9,2 77.06 (1) (b) 2. b. A forester accredited by the Society of American Foresters, Association of Consulting Foresters, or Wisconsin Consulting Foresters.

AB561,11 Section 11. 77.06 (1) (b) 2. c. of the statutes is created to read:

AB561,9,7 77.06 (1) (b) 2. c. A person who holds at least a bachelor's degree from a forestry program provided by a nationally or regionally accredited institution of higher education and who has engaged in the equivalent of 5 years of full-time work preparing forest management plans or marking trees for cutting.

AB561,12 Section 12. 77.06 (1) (b) 2. d. of the statutes is created to read:

AB561,9,12 77.06 (1) (b) 2. d. A person who holds a degree or diploma from a 2-year forestry program provided by an accredited technical or vocational school and who has engaged in the equivalent of 5 years of full-time work preparing forest management plans or marking trees for cutting.

AB561,13 Section 13. 77.06 (1) (c) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB561,9,19 77.06 (1) (c) Cutting in excess of the amount prescribed by the department of natural resources, or cutting that the department finds is inconsistent with sound forestry practices, shall render the owner liable to double the severance tax prescribed in s. 77.06 (5) a forfeiture equal to 20 percent of the value of the timber cut and subject to cancellation under s. 77.10.

AB561,14 Section 14. 77.06 (5) of the statutes is repealed.

AB561,15 Section 15. 77.07 of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

AB561,16 Section 16. 77.10 (1) (a) of the statutes is amended to read:

AB561,9,25 77.10 (1) (a) The department of natural resources shall on the application of the department of revenue or the owner of any forest croplands or the town board of the town in which said lands lie and may on its own motion at any time cause an investigation to be made and hearing to be had as to whether any forest croplands shall continue under this subchapter. If on such hearing after due notice to and opportunity to be heard by the department of revenue, the town and the owner, the department of natural resources finds that any such lands are not meeting the requirements set forth in s. 77.02 or that the owner has made use of the land for anything other than forestry or has failed to practice sound forestry on the land, the department of natural resources shall cancel the entry of such description and issue an order of withdrawal, and the owner shall be liable for the tax and penalty under sub. (2). Copies of the order of withdrawal specifying the description shall be filed by the department of natural resources with all officers designated to receive copies of the order of entry and withdrawal and this subchapter shall not thereafter apply to the lands withdrawn, except s. 77.07 so far as it may be needed to collect any previously levied severance or supplemental severance tax. If the owner shall not repay the amounts on or before the last day of February next succeeding the return of such lands to the general property tax roll as provided in sub. (4), the department of natural resources shall certify to the county treasurer the descriptions and the amounts due, and the county treasurer shall sell such lands as delinquent as described in s. 77.04 (2). Whenever any county clerk has certified to the taking of tax deed under s. 77.04 (2) the department of natural resources shall issue an order of withdrawal as to the lands covered in such tax deed. Such order may also be issued when examination of tax records reveals prolonged delinquency and noncompliance with the requirements of s. 77.04 (2).

AB561,17 Section 17. 77.81 (4m) of the statutes is created to read:

AB561,11,2 77.81 (4m) "Natural disaster" means fire, ice, snow, wind, flooding, insects, drought, or disease.

AB561,18 Section 18. 77.81 (6) of the statutes is amended to read:

AB561,11,7 77.81 (6) "Recreational activities" include means recreational outdoor activities that are compatible with the practice of forestry, as determined by the department. "Recreational activities" includes hunting, fishing, hiking, sight-seeing, cross-country skiing, horseback riding, and staying in cabins.

AB561,19 Section 19. 77.82 (1) (a) 1. of the statutes is amended to read:

AB561,11,19 77.82 (1) (a) 1. It consists of at least 10 20 contiguous acres, except as provided in this subdivision. The fact that a lake, river, stream or flowage, a public or private road or a railroad or utility right-of-way separates any part of the land from any other part does not render a parcel of land noncontiguous. If a part of a parcel of at least 10 20 contiguous acres is separated from another part of that parcel by a public road, that part of the parcel may be enrolled in the program, even if that part is less than 10 20 acres, if that part meets the requirement under subd. 2. and is not ineligible under par. (b). The owner of a parcel of less than 20 acres that is subject to a managed forest land order before the effective date of this subdivision .... [LRB inserts date], may apply one time for a renewal of the order under sub. (12) without meeting the 20-acre requirement.

AB561,20 Section 20. 77.82 (1) (b) 3. of the statutes is amended to read:

AB561,11,24 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. This provision first applies to managed forest land subject to an order on the effective date of this subdivision .... [LRB inserts date].

AB561,21 Section 21. 77.82 (1) (bn) of the statutes is repealed.

AB561,22 Section 22. 77.82 (1) (bp) of the statutes is created to read:

AB561,12,3 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:

AB561,12,5 a. Any accessory building, structure, or fixture that is built or placed on the parcel for its benefit.

AB561,12,6 b. Landscaping that is done on the parcel.

AB561,12,7 2. An improvement does not include any of the following:

AB561,12,8 a. A public or private road.

AB561,12,9 b. A railroad or utility right-of-way.

AB561,12,11 c. A fence, unless the fence prevents the free and open movement of wild animals across any portion of the parcel.

AB561,12,12 d. Culverts.

AB561,12,13 e. Bridges.

AB561,12,14 f. Hunting blinds, as specified by rules promulgated by the department.

AB561,12,15 g. Structures and fixtures that are needed for sound forestry practices.

AB561,23 Section 23. 77.82 (2) (dm) of the statutes is amended to read:

AB561,12,17 77.82 (2) (dm) A Subject to sub. (12), a proposed management plan.

AB561,24 Section 24. 77.82 (4) of the statutes is amended to read:

AB561,13,6 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. The tax rate applicable to an addition under this subsection shall be the tax rate currently applicable to the parcel to which the land is being added.

AB561,25 Section 25. 77.82 (4g) of the statutes is repealed.

AB561,26 Section 26. 77.82 (11) of the statutes is amended to read:

AB561,13,22 77.82 (11) Duration; effect of changes. An order issued under this subchapter remains shall constitute a contract between the state and the owner and shall remain in effect for the period specified in the 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 Except as provided in sub. subs. (3) (f) and (11m), the department may not amend or otherwise change the terms of an order or management plan to conform with changes made to any provision of this subchapter subsequent to the date on which the order was entered or the plan was approved. If a statute is enacted or a rule is promulgated during the period of the order that materially changes the terms of the order, the landowner shall elect between acceptance of modifications to the contract consistent with the provisions of the statute or rule or voluntary withdrawal of the land without penalty.

AB561,27 Section 27. 77.82 (12) of the statutes is renumbered 77.82 (12) (a) (intro.) and amended to read:

AB561,14,7 77.82 (12) (a) (intro.) 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 applies:

AB561,14,8 1. The land fails to meet the eligibility requirements under sub. (1), if the.

AB561,14,10 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.

AB561,14,11 7. There are delinquent taxes on the land.

AB561,14,13 (b) If the application is denied, the department shall state the reason for the denial in writing.

AB561,28 Section 28. 77.82 (12) (a) 2. of the statutes is created to read:

AB561,14,17 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.

AB561,29 Section 29. 77.82 (12) (a) 4. of the statutes is created to read:

AB561,14,22 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.

AB561,30 Section 30. 77.82 (12) (a) 5. of the statutes is created to read:

AB561,15,2 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.

AB561,31 Section 31. 77.82 (12) (a) 6. of the statutes is created to read:

AB561,15,7 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.