Amendment ASA1-AB700

AB700-ASA1,13,16 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.

AB700-ASA1,22 Section 22. 77.82 (1) (a) 1. of the statutes is amended to read:

AB700-ASA1,13,20 77.82 (1) (a) 1. It consists of at least 10 contiguous acres, except as provided in this subdivision. The. This subdivision applies to applications under sub. (2), (4m), or (12) that are filed before June 2, 2014.

AB700-ASA1,14,2 (am) For purposes of par. (a) 1. and 1m., 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 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 acres, if that part meets the requirement under subd. 2. and is not ineligible under par. (b).

AB700-ASA1,23 Section 23. 77.82 (1) (a) 1m. of the statutes is created to read:

AB700-ASA1,14,6 77.82 (1) (a) 1m. a. It consists of at least 15 contiguous acres. This subdivision applies to applications under sub. (2), (4m), or (12) that are filed on or after June 2, 2014.

AB700-ASA1,14,11 b. Notwithstanding subd. 1m. a., a parcel may be less than 15 contiguous acres if the application is one for renewal of an order under sub. (12), if the order has not been previously renewed, if the parcel is at least 10 contiguous acres, and if the owner has complied with the management plan that applies to the parcel throughout the term of the order.

AB700-ASA1,24 Section 24. 77.82 (1) (a) 2. of the statutes is amended to read:

AB700-ASA1,14,15 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).

AB700-ASA1,25 Section 25. 77.82 (1) (b) 3. of the statutes is amended to read:

AB700-ASA1,14,18 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.

AB700-ASA1,26 Section 26. 77.82 (1) (bn) of the statutes is repealed.

AB700-ASA1,27 Section 27. 77.82 (1) (bp) of the statutes is created to read:

AB700-ASA1,14,22 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:

AB700-ASA1,14,24 a. Any accessory building, structure, or fixture that is built or placed on the parcel for its benefit.

AB700-ASA1,14,25 b. Landscaping that is done on the parcel.

AB700-ASA1,15,1 2. An improvement does not include any of the following:

AB700-ASA1,15,2 a. A public or private road.

AB700-ASA1,15,3 b. A railroad or utility right-of way.

AB700-ASA1,15,5 c. A fence, unless the fence prevents the free and open movement of wild animals across any portion of the parcel.

AB700-ASA1,15,6 d. Culverts.

AB700-ASA1,15,7 e. Bridges.

AB700-ASA1,15,8 em. Hunting blinds, as specified by the department by rule.

AB700-ASA1,15,10 f. Other buildings, structures, and fixtures that are needed for sound forestry practices as provided by the department by rule.

AB700-ASA1,28 Section 28. 77.82 (2m) (title) of the statutes is amended to read:

AB700-ASA1,15,12 77.82 (2m) (title) Fees for applications and management plans.

AB700-ASA1,29 Section 29. 77.82 (2m) (ac) of the statutes is repealed.

AB700-ASA1,30 Section 30. 77.82 (2m) (ag) of the statutes is repealed.

AB700-ASA1,31 Section 31. 77.82 (2m) (am) of the statutes is repealed.

AB700-ASA1,32 Section 32. 77.82 (2m) (c) of the statutes is repealed.

AB700-ASA1,33 Section 33. 77.82 (2m) (dm) 1. of the statutes is repealed.

AB700-ASA1,34 Section 34. 77.82 (2m) (dm) 2. of the statutes is repealed.

AB700-ASA1,35 Section 35. 77.82 (3) (title) of the statutes is amended to read:

AB700-ASA1,15,20 77.82 (3) (title) Management plan plans.

AB700-ASA1,36 Section 36. 77.82 (3) (ag) of the statutes is amended to read:

AB700-ASA1,15,25 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.

AB700-ASA1,37 Section 37. 77.82 (3) (am) of the statutes is repealed.

AB700-ASA1,38 Section 38. 77.82 (3) (ar) of the statutes is amended to read:

AB700-ASA1,16,10 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-ASA1,39 Section 39. 77.82 (3) (c) (intro.) of the statutes is amended to read:

AB700-ASA1,16,13 77.82 (3) (c) (intro.) To qualify for approval, a management plan shall include all of the following items:

AB700-ASA1,40 Section 40. 77.82 (3) (g) of the statutes is amended to read:

AB700-ASA1,16,19 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-ASA1,41 Section 41. 77.82 (3m) of the statutes is created to read:

AB700-ASA1,16,24 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-ASA1,17,3 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-ASA1,17,5 2. The total number of counties in which either or both of the following are located:

AB700-ASA1,17,6 a. Land that is covered by the proposed management plan.

AB700-ASA1,17,8 b. Land that is owned by the applicant and that is either designated as managed forest land or that are forest croplands.

AB700-ASA1,17,10 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-ASA1,17,14 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-ASA1,17,16 5. Whether the owner has demonstrated that it has consistent access to technical forest management assistance provided by its own staff or consultants.

AB700-ASA1,17,22 (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-ASA1,42 Section 42. 77.82 (4) of the statutes is amended to read:

AB700-ASA1,18,9 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-ASA1,43 Section 43. 77.82 (4g) of the statutes is repealed.

AB700-ASA1,44 Section 44. 77.82 (4m) (d) of the statutes is repealed.

AB700-ASA1,45 Section 45. 77.82 (12) of the statutes is renumbered 77.82 (12) (a) (intro.) and amended to read:

AB700-ASA1,18,20 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 apply:

AB700-ASA1,18,21 1. The land fails to meet the eligibility requirements under sub. (1), if the.

AB700-ASA1,18,23 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-ASA1,18,24 7. There are delinquent taxes on the land.

AB700-ASA1,19,2 (b) If the application is denied, the department shall state the reason for the denial in writing.

AB700-ASA1,46 Section 46. 77.82 (12) (a) 2. of the statutes is created to read:

AB700-ASA1,19,6 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-ASA1,47 Section 47. 77.82 (12) (a) 4. of the statutes is created to read:

AB700-ASA1,19,11 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-ASA1,48 Section 48. 77.82 (12) (a) 5. of the statutes is created to read:

AB700-ASA1,19,16 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-ASA1,49 Section 49. 77.82 (12) (a) 6. of the statutes is created to read:

AB700-ASA1,19,21 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-ASA1,50 Section 50. 77.83 (1) of the statutes is renumbered 77.83 (1g) and 77.83 (1g) (title) and (a) (intro.), (b) (intro.) and (c), as renumbered, are amended to read:

AB700-ASA1,20,2 77.83 (1g) (title) Closed areas; certain large properties. (a) (intro.) An owner of a large property that is not leasable managed forest land may designate some of the owner's land that is subject to a managed forest land order as closed to public access. The closed area may consist of either:

AB700-ASA1,20,5 (b) (intro.) If any area of an owner's managed forest land is already designated as closed under this subsection, an addition to the land approved under s. 77.82 (7) (b) may be designated as closed only under the following conditions:

AB700-ASA1,20,9 (c) If all or any part of an owner's closed managed forest land that is subject to this subsection is withdrawn or transferred as provided under s. 77.88, the owner may designate a different or an additional closed area if it meets the requirements of par. (b).

AB700-ASA1,51 Section 51. 77.83 (1b) of the statutes is created to read:

AB700-ASA1,20,13 77.83 (1b) Definition. In this section, "leasable managed forest land" means managed forest land for which a lease of other agreement may be entered into under sub. (2) (ar).

AB700-ASA1,52 Section 52. 77.83 (1c) of the statutes is created to read:

AB700-ASA1,20,17 77.83 (1c) Closed areas. Except as provided in sub. (1g), an owner of managed forest land may designate any or all of the owner's land that is subject to a managed forest land order as closed to public access.

AB700-ASA1,53 Section 53. 77.83 (1m) of the statutes is renumbered 77.83 (1m) (a).

AB700-ASA1,54 Section 54. 77.83 (1m) (b) of the statutes is created to read:

AB700-ASA1,20,25 77.83 (1m) (b) If the managed forest land is leasable managed forest land and if the owner has modified the designation of a closed or open area 2 times as authorized under par. (a) during the period beginning with April 28, 2004, and ending with January 1, 2015, the owner may make one additional modification during the period beginning with January 1, 2015 and ending with the expiration date of the order.

AB700-ASA1,55 Section 55. 77.83 (2) (a) of the statutes, as affected by 2013 Wisconsin Act 81, is amended to read:

AB700-ASA1,21,5 77.83 (2) (a) Except as provided in pars. (b) and (c) and subs. (1) (1c), (1g), and (2m), each owner of managed forest land shall permit public access to the land for the purposes of hunting, fishing, hiking, sight-seeing, and cross-country skiing.

AB700-ASA1,56 Section 56. 77.83 (2) (am) of the statutes is repealed.

AB700-ASA1,57 Section 57. 77.83 (2) (ar) of the statutes is created to read:

AB700-ASA1,21,10 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 if all of the following apply:

AB700-ASA1,21,12 1. The managed forest land is not part of a large property covered by a management plan that has been modified under s. 77.82 (3m).

AB700-ASA1,21,15 2. The managed forest land is not part of a large property owned by a person who qualifies for the exemption under s. 77.86 (4m) from the requirements under s. 77.86 (1g).