2015 Wisconsin Act 358

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.

358,24 Section 24. 77.82 (1) (b) 4. of the statutes is created to read:

77.82 (1) (b) 4. A parcel that is not accessible to the public on foot by public road or from other land open to public access. This subdivision does not apply to a parcel or part of a parcel that is closed to public access under s. 77.83 (1).

358,25 Section 25. 77.82 (1) (bn) of the statutes is repealed.

358,26 Section 26. 77.82 (1) (bp) of the statutes is created to read:

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:

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

b. Landscaping that is done on the parcel.

2. An improvement does not include any of the following:

a. A public or private road.

b. A railroad or utility right-of-way.

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

d. Culverts.

e. Bridges.

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

g. Structures and fixtures that are needed for sound forestry practices.

358,27 Section 27. 77.82 (2) (dm) of the statutes is amended to read:

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

358,28 Section 28. 77.82 (4) of the statutes is amended to read:

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.

358,29 Section 29. 77.82 (4g) of the statutes is repealed.

358,30 Section 30. 77.82 (11) of the statutes is amended to read:

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.

358,31 Section 31. 77.82 (12) of the statutes is renumbered 77.82 (12) (a) (intro.) and amended to read:

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:

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

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.

7. There are delinquent taxes on the land.

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

358,32 Section 32. 77.82 (12) (a) 2. of the statutes is created to read:

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.

358,33 Section 33. 77.82 (12) (a) 4. of the statutes is created to read:

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.

358,34 Section 34. 77.82 (12) (a) 5. of the statutes is created to read:

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.

358,35 Section 35. 77.82 (12) (a) 6. of the statutes is created to read:

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.

358,36 Section 36. 77.83 (1) (a) (intro.) of the statutes is renumbered 77.83 (1) (a) and amended to read:

77.83 (1) (a) An owner may designate land subject to a managed forest land order as closed to public access. The closed area may consist of either:

358,37 Section 37. 77.83 (1) (a) 1. and 2. of the statutes are repealed.

358,38 Section 38. 77.83 (1) (am) of the statutes is created to read:

77.83 (1) (am) Notwithstanding par. (a), not more than 320 acres owned by any property owner may be designated as closed managed forest land in each municipality.

358,39 Section 39. 77.83 (1) (b) 1. of the statutes is amended to read:

77.83 (1) (b) 1. The addition does not result in increasing the closed portion of the land to an area greater than that permitted under par. (a) (am).

358,40 Section 40. 77.83 (1) (d) of the statutes is created to read:

77.83 (1) (d) An owner of land designated as closed under par. (a) may permit a person who performs land management activities on the land to access the land to conduct recreational activities.

358,41 Section 41. 77.83 (2) (am) of the statutes is repealed.

358,42 Section 42. 77.83 (2) (ar) of the statutes is created to read:

77.83 (2) (ar) An owner of managed forest land that is designated as closed may enter into a lease or other agreement for consideration that permits persons to engage in a recreational activity on the land.

358,43 Section 43. 77.83 (4) (a) of the statutes is renumbered 77.83 (4).

358,44 Section 44. 77.83 (4) (b) of the statutes is repealed.

358,45 Section 45. 77.86 (1) (b) 2. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 77.86 (1) (b) 2. (intro.) and amended to read:

77.86 (1) (b) 2. (intro.) An owner who is required under the terms of an approved management plan to cut merchantable timber on managed forest land is not required to obtain approval of the cutting of that timber before the cutting takes place if a cooperating forester authorized under s. 28.05 to assist the state in the harvesting and sale of timber, or a forester accredited by the Society of American Foresters, Association of Consulting Foresters, or Wisconsin Consulting Foresters, any of the following provided the required notice of intent to cut to the department under subd. 1.:

358,46 Section 46. 77.86 (1) (b) 2. a. of the statutes is created to read:

77.86 (1) (b) 2. a. A cooperating forester authorized under s. 28.05 to assist the state in the harvesting and sale of timber.

358,47 Section 47. 77.86 (1) (b) 2. b. of the statutes is created to read:

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

358,48 Section 48. 77.86 (1) (b) 2. c. of the statutes is created to read:

77.86 (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 5 years of experience engaged in the full-time profession of managing forests, including timber harvesting, wildlife management, water quality, and recreation to maintain a healthy and productive forest.

358,49 Section 49. 77.86 (1) (b) 2. d. of the statutes is created to read:

77.86 (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 5 years of experience engaged in the full-time profession of managing forests, including timber harvesting, wildlife management, water quality, and recreation to maintain a healthy and productive forest.

358,50 Section 50. 77.86 (1) (b) 2. e. of the statutes is created to read:

77.86 (1) (b) 2. e. A person who has 5 years of experience engaged in the full-time profession of managing forests, including timber harvesting, wildlife management, water quality, and recreation to maintain a healthy and productive forest.

358,51 Section 51. 77.86 (1) (e) of the statutes is created to read:

77.86 (1) (e) The department shall not restrict an approved cutting based on standards established under s. 23.27 (3).

358,52 Section 52. 77.86 (1) (f) of the statutes is created to read:

77.86 (1) (f) The department shall send notice to the person who filed the notice of intention to cut by certified letter or electronic mail no later than the end of the next business day of the department's decision to approve or deny a cutting notice and , if the department denies a cutting notice, the reason for the denial.

358,53 Section 53. 77.86 (2) of the statutes is repealed.

358,54 Section 54. 77.87 of the statutes is repealed.

358,55 Section 55. 77.88 (2) (a) (title) of the statutes is created to read:

77.88 (2) (a) (title) Authority to transfer.

358,56 Section 56. 77.88 (2) (a) (intro.) of the statutes is renumbered 77.88 (2) (a) and amended to read:

77.88 (2) (a) Except as provided in par. (am), an An owner may sell or otherwise transfer ownership of all or part of a parcel of the owner's managed forest land if the land transferred is one of the following:.

358,57 Section 57. 77.88 (2) (a) 1. of the statutes is repealed.

358,58 Section 58. 77.88 (2) (a) 2. of the statutes is renumbered 77.88 (3) (b) 1. a. and amended to read:

77.88 (3) (b) 1. a. All of an the owner's managed forest land within a quarter quarter quarter-quarter section.

358,59 Section 59. 77.88 (2) (a) 3. of the statutes is renumbered 77.88 (3) (b) 1. b. and amended to read:

77.88 (3) (b) 1. b. All of an the owner's managed forest land within a government lot or fractional lot as determined by the U.S. government survey plat.

358,60 Section 60. 77.88 (2) (ac) (title) of the statutes is created to read:

77.88 (2) (ac) (title) Transferred land; requirements met.

358,61 Section 61. 77.88 (2) (am) of the statutes is amended to read:

77.88 (2) (am) Transferred land; requirements not met. If the land transferred under par. (a) does not meet the eligibility requirements under s. 77.82 (1) (a) and (b), the department shall issue an order withdrawing the land from managed forest land designation and shall assess against the owner a withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).

358,62 Section 62. 77.88 (2) (b) of the statutes is amended to read:

77.88 (2) (b) Remaining land; requirements met. If the land remaining after a transfer under par. (a) is contiguous and meets the eligibility requirements under s. 77.82 (1) (a) 2. and (b), it the remaining land shall continue to be designated as managed forest land until the expiration of the existing order, even if the parcel contains less than 10 acres. Notwithstanding s. 77.82 (12), an owner may not file an application with the department for renewal of the order if the parcel contains less than 10 acres. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed when the remaining land is withdrawn at the expiration of the order.

358,63 Section 63. 77.88 (2) (c) of the statutes is amended to read:

77.88 (2) (c) Remaining land; requirements not met. If the remaining land remaining after a transfer under par. (a) does not meet the eligibility requirements under s. 77.82 (1) (a) 2. and (b), the department shall issue an order withdrawing the land and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the owner is not entitled to a hearing on an order withdrawing land under this paragraph.

358,64 Section 64. 77.88 (2) (d) 1. of the statutes is renumbered 77.88 (2) (ac) 1. and amended to read:

77.88 (2) (ac) 1. Within If the land transferred under par. (a) meets the eligibility requirements under s. 77.82 (1) (a) and (b), the land shall continue to be designated as managed forest land if the transferee, within 30 days after a transfer of ownership, the transferee shall, on files a form provided by the department, file with the department a report of the transfer signed by the transferee. By signing the form, the transferee certifies to the department an intent to comply with the existing management plan for the land and any amendments to the plan. The transferee shall provide proof that each person holding any encumbrance on the land agrees to the designation. The transferee may designate an area of the transferred land closed to public access as provided under s. 77.83. The department shall issue an order continuing the designation of the land as managed forest land under the new ownership. The transferee shall pay a $100 fee that will accompany the report. The fee shall be deposited in the conservation fund. Twenty dollars of the fee or a different amount of the fee as may be established under subd. 2. shall be credited to the appropriation under s. 20.370 (1) (cr). The department shall immediately notify each person entitled to notice under s. 77.82 (8).

358,65 Section 65. 77.88 (2) (d) 2. of the statutes is renumbered 77.88 (2) (ac) 2.