Amendment ASA2-AB700

AB700-ASA2,38 Section 38. 77.82 (3) (title) of the statutes is amended to read:

AB700-ASA2,11,5 77.82 (3) (title) Management plan plans.

AB700-ASA2,39 Section 39. 77.82 (3) (ag) of the statutes is amended to read:

AB700-ASA2,11,10 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AB700-ASA2,40 Section 40. 77.82 (3) (am) of the statutes is repealed.

AB700-ASA2,41 Section 41. 77.82 (3) (ar) of the statutes is amended to read:

AB700-ASA2,11,20 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-ASA2,42 Section 42. 77.82 (3) (c) (intro.) of the statutes is amended to read:

AB700-ASA2,11,23 77.82 (3) (c) (intro.) To qualify for approval, a management plan shall include all of the following items:

AB700-ASA2,43 Section 43. 77.82 (3) (g) of the statutes is amended to read:

AB700-ASA2,12,5 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-ASA2,44 Section 44. 77.82 (3m) of the statutes is created to read:

AB700-ASA2,12,10 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-ASA2,12,13 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-ASA2,12,15 2. The total number of counties in which either or both of the following are located:

AB700-ASA2,12,16 a. Land that is covered by the proposed management plan.

AB700-ASA2,12,18 b. Land that is owned by the applicant and that is either designated as managed forest land or that are forest croplands.

AB700-ASA2,12,20 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-ASA2,12,24 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-ASA2,13,2 5. Whether the owner has demonstrated that it has consistent access to technical forest management assistance provided by its own staff or consultants.

AB700-ASA2,13,8 (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-ASA2,45 Section 45. 77.82 (4) of the statutes is amended to read:

AB700-ASA2,13,20 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-ASA2,46 Section 46. 77.82 (4g) of the statutes is repealed.

AB700-ASA2,47 Section 47. 77.82 (4m) (d) of the statutes is repealed.

AB700-ASA2,48 Section 48. 77.82 (12) of the statutes is renumbered 77.82 (12) (a) (intro.) and amended to read:

AB700-ASA2,14,7 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 apply:

AB700-ASA2,14,8 1. The land fails to meet the eligibility requirements under sub. (1), if the.

AB700-ASA2,14,10 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.

AB700-ASA2,14,11 7. There are delinquent taxes on the land.

AB700-ASA2,14,13 (b) If the application is denied, the department shall state the reason for the denial in writing.

AB700-ASA2,49 Section 49. 77.82 (12) (a) 2. of the statutes is created to read:

AB700-ASA2,14,17 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.

AB700-ASA2,50 Section 50. 77.82 (12) (a) 4. of the statutes is created to read:

AB700-ASA2,14,22 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.

AB700-ASA2,51 Section 51. 77.82 (12) (a) 5. of the statutes is created to read:

AB700-ASA2,15,2 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.

AB700-ASA2,52 Section 52. 77.82 (12) (a) 6. of the statutes is created to read:

AB700-ASA2,15,7 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.

AB700-ASA2,53 Section 53. 77.83 (1) of the statutes is renumbered 77.83 (1g), and 77.83 (1g) (title), (a) (intro.), (b) (intro.) and (c), as renumbered, are amended to read:

AB700-ASA2,15,13 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-ASA2,15,16 (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-ASA2,15,20 (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-ASA2,54 Section 54. 77.83 (1b) of the statutes is created to read:

AB700-ASA2,15,24 77.83 (1b) Definition. In this section, "leasable managed forest land" means managed forest land for which a lease or other agreement may be entered into under sub. (2) (ar).

AB700-ASA2,55 Section 55. 77.83 (1c) of the statutes is created to read:

AB700-ASA2,16,3 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-ASA2,56 Section 56. 77.83 (1m) of the statutes is renumbered 77.83 (1m) (a).

AB700-ASA2,57 Section 57. 77.83 (1m) (b) of the statutes is created to read:

AB700-ASA2,16,11 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-ASA2,58 Section 58. 77.83 (2) (a) of the statutes, as affected by 2013 Wisconsin Act 81, is amended to read:

AB700-ASA2,16,16 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-ASA2,59 Section 59. 77.83 (2) (am) of the statutes is repealed.

AB700-ASA2,60 Section 60. 77.83 (2) (ar) of the statutes is created to read:

AB700-ASA2,16,21 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-ASA2,16,23 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-ASA2,17,3 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).

AB700-ASA2,61 Section 61. 77.83 (2) (b) of the statutes is amended to read:

AB700-ASA2,17,8 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-ASA2,62 Section 62. 77.83 (2) (d) of the statutes is created to read:

AB700-ASA2,17,14 77.83 (2) (d) 1. a. Except as provided in subd. 2., 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-ASA2,17,17 b. If the owner is unable to provide the access that is required under subd. 1. a., the department shall modify the designation of the land from being open to being closed.

AB700-ASA2,17,19 2. Subdivision 1. does not require public access to a parcel of land that is part of a large property if all of the following apply:

AB700-ASA2,17,21 a. The parcel is not contiguous to another parcel of land that is part of the large property.

AB700-ASA2,17,22 b. The parcel is accessible only for forest management activities.

AB700-ASA2,17,24 c. The parcel does not constitute a large percentage of the large property, as determined by the department by rule.

AB700-ASA2,63 Section 63. 77.83 (4) (a) of the statutes is renumbered 77.83 (4).

AB700-ASA2,64 Section 64. 77.83 (4) (b) of the statutes is repealed.

AB700-ASA2,65 Section 65. 77.84 (3) (b) of the statutes is amended to read:

AB700-ASA2,18,12 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 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. The notice requirement under s. 77.88 (1) does not apply to the department's action under this paragraph.

AB700-ASA2,66 Section 66. 77.86 (title) of the statutes is repealed and recreated to read:

AB700-ASA2,18,14 77.86 (title) Cutting practices.

AB700-ASA2,67 Section 67. 77.86 (1) (title) of the statutes is renumbered 77.86 (1b) (title) and amended to read:

AB700-ASA2,18,17 77.86 (1b) (title) Cutting regulated prohibited.

AB700-ASA2,68 Section 68. 77.86 (1) (a) of the statutes is renumbered 77.86 (1b).

AB700-ASA2,69 Section 69. 77.86 (1) (b) of the statutes is renumbered 77.86 (1g) (a).

AB700-ASA2,70 Section 70. 77.86 (1) (c) of the statutes is renumbered 77.86 (1g) (b) and amended to read:

AB700-ASA2,18,24 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-ASA2,71 Section 71. 77.86 (1) (d) of the statutes is renumbered 77.86 (1g) (c) and amended to read:

AB700-ASA2,19,6 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-ASA2,72 Section 72. 77.86 (1g) (title) of the statutes is created to read:

AB700-ASA2,19,8 77.86 (1g) (title) Approval by department.

AB700-ASA2,73 Section 73. 77.86 (2) of the statutes is repealed.

AB700-ASA2,74 Section 74. 77.86 (3) (title) of the statutes is repealed.

AB700-ASA2,75 Section 75. 77.86 (3) of the statutes is renumbered 77.86 (1g) (d) and amended to read:

AB700-ASA2,19,15 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-ASA2,76 Section 76. 77.86 (4) of the statutes is amended to read:

AB700-ASA2,19,22 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-ASA2,77 Section 77. 77.86 (4m) of the statutes is created to read: