SB438, s. 14 8Section 14. 77.82 (2) (i) of the statutes is amended to read:
SB438,6,119 77.82 (2) (i) If a proposed management plan is not submitted filed with the
10petition application, a request that the department prepare a management plan.
11The department may decline to prepare the plan.
SB438, s. 15 12Section 15. 77.82 (2) (i) of the statutes, as affected by 2007 Wisconsin Act ....
13(this act), is repealed.
SB438, s. 16 14Section 16. 77.82 (2m) (title) of the statutes is amended to read:
SB438,6,1515 77.82 (2m) (title) Fees for petitions applications and management plans.
SB438, s. 17 16Section 17. 77.82 (2m) (a) 1. of the statutes is amended to read:
SB438,6,2117 77.82 (2m) (a) 1. A petition An application under sub. (2), (4m), or (12) shall
18be accompanied by a nonrefundable application recording fee of $20 unless a
19different amount for the recording fee is established by the department by rule at an
20amount equal to the average expense to the department for recording an order issued
21under this subchapter.
SB438, s. 18 22Section 18. 77.82 (2m) (a) 1. of the statutes, as affected by 2007 Wisconsin Act
23.... (this act), is renumbered 77.82 (2m) (a).
SB438, s. 19 24Section 19. 77.82 (2m) (a) 2. of the statutes is amended to read:
SB438,7,4
177.82 (2m) (a) 2. If a petition an application under sub. (2), (4m), or (12) is not
2accompanied by a proposed management plan that meets the requirements under
3par. (c), the department shall charge the plan preparation fee established under par.
4(am) if the department agrees to complete the plan.
SB438, s. 20 5Section 20. 77.82 (2m) (a) 2. of the statutes, as affected by 2007 Wisconsin Act
6.... (this act), is repealed.
SB438, s. 21 7Section 21. 77.82 (2m) (ac) of the statutes is created to read:
SB438,7,108 77.82 (2m) (ac) If the department prepares a management plan under sub. (3)
9(am), the department shall collect from the applicant the management plan fee
10established under par. (am).
SB438, s. 22 11Section 22. 77.82 (2m) (am) of the statutes is amended to read:
SB438,7,1712 77.82 (2m) (am) The department shall by rule establish on an annual basis a
13nonrefundable fee that the department shall charge for a management plan
14prepared or completed by the department, including any plan prepared by a certified
15plan writer contracted by the department under sub. (3) (g)
. The fee shall be based
16on the comparable commercial market rate that is charged for preparation of such
17management plans.
SB438, s. 23 18Section 23. 77.82 (2m) (c) of the statutes is amended to read:
SB438,7,2119 77.82 (2m) (c) A proposed management plan is exempt from the management
20plan preparation fee under par. (a) 2. (ag) if it is prepared or completed by an
21independent certified plan writer instead of by the department.
SB438, s. 24 22Section 24. 77.82 (2m) (d) of the statutes is amended to read:
SB438,7,2423 77.82 (2m) (d) All of the application recording fees collected under par. (a) 1.
24shall be credited to the appropriation under s. 20.370 (1) (cr).
SB438, s. 25 25Section 25. 77.82 (2m) (dm) 1. of the statutes is amended to read:
SB438,8,4
177.82 (2m) (dm) 1. Of each management plan fee, $300 or the entire fee,
2whichever is less, that is collected under par. (a) or (e) that is not credited to the
3appropriation under s. 20.370 (1) (cr)
(ag) shall be credited to the appropriation under
4s. 20.370 (1) (cx).
SB438, s. 26 5Section 26. 77.82 (2m) (e) of the statutes is amended to read:
SB438,8,116 77.82 (2m) (e) If a proposed management plan accompanying a petition an
7application
filed under sub. (2), (4m), or (12) is not approved by the department under
8its initial review under sub. (3) (a), and if the department agrees to complete the
9management plan under sub. (3) (a), the department shall collect from the petitioner
10applicant the plan preparation fee established under par. (am), if the petitioner
11applicant has not previously paid the fee.
SB438, s. 27 12Section 27. 77.82 (2m) (e) of the statutes, as affected by 2007 Wisconsin Act
13.... (this act), is renumbered 77.82 (2m) (ag) and amended to read:
SB438,8,1914 77.82 (2m) (ag) If a proposed management plan accompanying an application
15filed under sub. (2), (4m), or (12) is not approved by the department under its initial
16review under sub. (3) (a) (ar), and if the department agrees to complete the proposed
17management plan under sub. (3) (a) (ar), the department shall collect from the
18applicant the management plan preparation fee established under par. (am), if the
19applicant has not previously paid the fee
.
SB438, s. 28 20Section 28. 77.82 (3) (a) of the statutes is amended to read:
SB438,9,521 77.82 (3) (a) A proposed management plan may shall cover the entire acreage
22of each parcel subject to the petition application. The department, after considering
23the owner's forest management objectives as stated under sub. (2) (e), shall review
24and either approve or disapprove the proposed management plan. If the department
25disapproves the plan, it shall inform the petitioner applicant of the changes

1necessary to qualify the plan for approval upon subsequent review. At the request
2of the petitioner applicant, the department may agree to complete the proposed
3management plan that has been prepared by an independent certified plan writer.
4The department shall complete any proposed management plan prepared by the
5department.
SB438, s. 29 6Section 29. 77.82 (3) (a) of the statutes, as affected by 2007 Wisconsin Act ....
7(this act), is renumbered 77.82 (3) (ag) and amended to read:
SB438,9,108 77.82 (3) (ag) A proposed management plan shall cover the entire acreage of
9each parcel subject to the application. The and shall be prepared by an independent
10certified plan writer or by the department if par. (am) applies.
SB438,9,19 11(ar) For a proposed management plan prepared by an independent certified
12plan writer, the
department, after considering the owner's forest management
13objectives as stated under sub. (2) (e), shall review and either approve or disapprove
14the proposed management plan. If the department disapproves the proposed plan,
15it shall inform the applicant of the changes necessary to qualify the plan for approval
16upon subsequent review. At the request of the applicant, the department may agree
17to complete the proposed management plan that has been prepared by an
18independent certified plan writer. The department shall complete any proposed
19management plan prepared by the department
.
SB438, s. 30 20Section 30. 77.82 (3) (am) of the statutes is created to read:
SB438,9,2521 77.82 (3) (am) If the department determines that an applicant is not able to
22have a proposed management plan prepared by a certified independent plan writer,
23the department shall prepare the plan. The department shall promulgate rules
24establishing the criteria that shall be met in order to determine that an applicant is
25unable to prepare such a plan.
SB438, s. 31
1Section 31. 77.82 (3) (c) (intro.) of the statutes is amended to read:
SB438,10,42 77.82 (3) (c) (intro.) To qualify for approval, a management plan shall be
3prepared by an independent certified plan writer or prepared by the departmen
t and
4shall include all of the following:
SB438, s. 32 5Section 32. 77.82 (3) (f) of the statutes is repealed and recreated to read:
SB438,10,86 77.82 (3) (f) A management plan may be amended either by an agreement
7entered into by the owner and the department or by the department to ensure the
8practice of sound forestry.
SB438, s. 33 9Section 33. 77.82 (3) (g) of the statutes is amended to read:
SB438,10,1410 77.82 (3) (g) The department shall certify plan writers and shall promulgate
11rules specifying the qualifications that a person must satisfy to become a certified
12plan writer. For management plans prepared or completed by the department under
13this subsection, the department may contract with plan writers certified by the
14department to prepare and complete these plans.
SB438, s. 34 15Section 34. 77.82 (4) of the statutes is amended to read:
SB438,11,216 77.82 (4) Additions to managed forest land. An owner of land that is
17designated as managed forest land under an order that takes effect on or after April
1828, 2004, may petition file an application with the department to designate as
19managed forest land an additional parcel of land if the additional parcel is at least
203 acres in size and is contiguous to any of that designated land. The petition
21application shall be accompanied by a nonrefundable $20 application recording fee
22unless a different amount for the fee is established by the department by rule at an
23amount equal to the average expense to the department of recording an order issued
24under this subchapter. The fee shall be deposited in the conservation fund and
25credited to the appropriation under s. 20.370 (1) (cr). The petition application shall

1be filed on a department form and shall contain any additional information required
2by the department.
SB438, s. 35 3Section 35. 77.82 (4g) (a) of the statutes is amended to read:
SB438,11,94 77.82 (4g) (a) If an owner of land that is designated as managed forest land
5under an order that takes effect before April 28, 2004, wishes to have an additional
6parcel of land that is at least 10 acres in size and that satisfies the other requirements
7in sub. (1) designated as managed forest land, the owner may petition file an
8application with
the department under sub. (2) for a new order covering the
9additional land.
SB438, s. 36 10Section 36. 77.82 (4g) (b) of the statutes is amended to read:
SB438,11,1911 77.82 (4g) (b) If an owner of land that is designated as managed forest land
12under an order that takes effect before April 28, 2004, wishes to have designated as
13managed forest land an additional parcel of land that is at least 3 acres in size, that
14does not satisfy the requirements in sub. (1), and that is contiguous to any of that
15designated land, the owner may withdraw the designated land from the original
16order and may petition file an application with the department under sub. (2) for a
17new order covering both the withdrawn land and the additional land. The
18withdrawal tax and the withdrawal fee under s. 77.88 (5) and (5m) do not apply to
19a withdrawal under this paragraph.
SB438, s. 37 20Section 37. 77.82 (4m) (a) of the statutes is amended to read:
SB438,11,2321 77.82 (4m) (a) An owner of land that is entered as forest croplands under s.
2277.02 may petition file an application with the department under sub. (2) to convert
23all or a portion of the land to managed forest land, subject to sub. (1) (c).
SB438, s. 38 24Section 38. 77.82 (4m) (b) of the statutes is amended to read:
SB438,12,3
177.82 (4m) (b) A petition An application under this subsection shall specify
2whether the order designating the land as managed forest land will remain in effect
3for 25 years or 50 years, as elected by the owner.
SB438, s. 39 4Section 39. 77.82 (4m) (d) of the statutes is amended to read:
SB438,12,95 77.82 (4m) (d) An owner of land who has filed a conversion petition application
6under this subsection and for whom the department is preparing or completing a
7management plan may withdraw the request and have it prepared by an
8independent certified plan writer if the owner determines that the department is not
9preparing or completing the management plan in a timely manner.
SB438, s. 40 10Section 40. 77.82 (5) (title) of the statutes is amended to read:
SB438,12,1111 77.82 (5) (title) Notice of petition application; request for denial.
SB438, s. 41 12Section 41. 77.82 (5) (a) of the statutes is amended to read:
SB438,12,1513 77.82 (5) (a) Upon receipt of a petition an application under sub. (2), (4) or (4m),
14the department shall provide written notice of the petition application to each clerk
15of each municipality in which the land is located.
SB438, s. 42 16Section 42. 77.82 (5) (b) of the statutes is amended to read:
SB438,12,2417 77.82 (5) (b) The governing body of any municipality in which the proposed
18managed forest land is located or a resident or property tax payer of such a
19municipality may, within 15 days after the notice under par. (a) is provided, request
20the department to deny the petition application on the grounds that the land fails to
21meet the eligibility requirements under sub. (1) or that, if the addition is approved,
22the entire parcel will fail to meet those eligibility requirements. The request shall
23be in writing and shall specify the reason for believing that the land is or would be
24ineligible.
SB438, s. 43 25Section 43. 77.82 (6) (a) of the statutes is amended to read:
SB438,13,2
177.82 (6) (a) The department shall conduct any investigation necessary to
2reach a decision on a petition an application.
SB438, s. 44 3Section 44. 77.82 (6) (b) 2. of the statutes is amended to read:
SB438,13,74 77.82 (6) (b) 2. At least 10 days before the date of the hearing, the department
5shall mail written notice of the date, time, and place of the hearing to the petitioner,
6applicant, to each person who submitted a request under sub. (5) (b), and to the clerk
7of each municipality in which the land is located.
SB438, s. 45 8Section 45. 77.82 (7) (a) (intro.) of the statutes is amended to read:
SB438,13,129 77.82 (7) (a) (intro.) After considering the testimony presented at the public
10hearing, if any, the facts discovered by its investigation and the land use in the area
11in which the land is located, the department shall approve a petition an application
12under sub. (2) or (4m) if it determines all of the following:
SB438, s. 46 13Section 46. 77.82 (7) (a) 2. of the statutes is amended to read:
SB438,13,1414 77.82 (7) (a) 2. That all facts stated in the petition application are correct.
SB438, s. 47 15Section 47. 77.82 (7) (b) (intro.) of the statutes is amended to read:
SB438,13,1816 77.82 (7) (b) (intro.) After considering the testimony presented at the public
17hearing, if any, and the facts discovered by its investigation, the department shall
18approve a petition an application under sub. (4) if it determines all of the following:
SB438, s. 48 19Section 48. 77.82 (7) (b) 1. of the statutes is amended to read:
SB438,13,2020 77.82 (7) (b) 1. That all facts stated in the petition application are correct.
SB438, s. 49 21Section 49. 77.82 (7) (c) 1. of the statutes is amended to read:
SB438,14,522 77.82 (7) (c) 1. Except as provided in par. (d), if a petition an application is
23received on or before March 31 of any year from any petitioner other than a petitioner
24an applicant who owns less than 1,000 acres or more in this state, the department
25shall investigate and shall either approve the petition application and issue the order

1under sub. (8) or deny the petition application before the following November 21. An
2application received after March 31 from an applicant who owns 1,000 acres or more
3in this state shall be acted on by the department as provided in this subdivision
4before the November 21 of the year following the year in which the application is
5received.
SB438, s. 50 6Section 50. 77.82 (7) (c) 2. of the statutes is repealed.
SB438, s. 51 7Section 51. 77.82 (7) (c) 3. of the statutes is amended to read:
SB438,14,188 77.82 (7) (c) 3. Except as provided in par. (d), if a petition an application is
9received on or before May 15 June 1 of any year from a petitioner an applicant who
10owns less than 1,000 acres in this state, who, before the deadline established by the
11department by rule, submitted a draft management plan prepared by an
12independent certified plan writer
, and who submits a completed plan, as defined by
13the department by rule, with the petition,
the department shall investigate and shall
14either approve the petition application and issue the order under sub. (8) or deny the
15petition application before the following November 21. An application received after
16June 1 from an applicant who owns less than 1,000 acres in this state shall be acted
17on by the department as provided in this subdivision before the November 21 of the
18year following the year in which the application is received.
SB438, s. 52 19Section 52. 77.82 (7) (d) of the statutes is amended to read:
SB438,14,2320 77.82 (7) (d) The department shall approve or disapprove a petition an
21application
under par. (a) that is submitted filed under sub. (4m) within 3 years after
22the date on which the petition is submitted to application is filed with the
23department.
SB438, s. 53 24Section 53. 77.82 (8) of the statutes is amended to read:
SB438,15,9
177.82 (8) Order. If a petition an application under sub. (2), (4m), or (12) is
2approved, the department shall issue an order designating the land as managed
3forest land for the time period specified in the petition application. If a petition an
4application
under sub. (4) is approved, the department shall amend the original
5order to include the additional parcel. The department shall provide the petitioner
6applicant with a copy of the order or amended order and shall also file a copy with
7the department of revenue, the supervisor of assessments, and the clerk of each
8municipality in which the land is located, and shall record the order with the register
9of deeds in each county in which the land is located.
SB438, s. 54 10Section 54. 77.82 (10) of the statutes is amended to read:
SB438,15,1211 77.82 (10) Denial. If the department denies a petition an application, it shall
12notify the petitioner applicant in writing, stating the reason for the denial.
SB438, s. 55 13Section 55. 77.82 (11) of the statutes is amended to read:
SB438,15,1814 77.82 (11) Duration. An order under this subchapter remains in effect for the
15period specified in the petition application unless the land is withdrawn under s.
1677.84 (3) (b) or 77.88. An amendment to or repeal of this subchapter does not affect
17the terms of an order or management plan, except as expressly agreed to in writing
18by the owner and the department and except as provided in sub. (11m).
SB438, s. 56 19Section 56. 77.82 (11g) of the statutes is amended to read:
SB438,15,2220 77.82 (11g) Withdrawal tax on converted forest croplands prohibited. No
21tax or interest may be assessed under s. 77.10 (2) (a) on land converted to managed
22forest land pursuant to a petition an application approved under sub. (7) (d).
SB438, s. 57 23Section 57. 77.82 (12) of the statutes is amended to read:
SB438,16,1424 77.82 (12) Renewal. An owner of managed forest land may petition file an
25application with
the department under sub. (2) for renewal of the order. A petition

1An application filed by an owner of 1,000 acres or more in this state shall be filed no
2later than the March 31 before the expiration date of the order. A petition An
3application
filed by an owner of less than 1,000 acres in this state shall be filed no
4later than the 2nd July 1 June 1 before the expiration date of the order, except that
5if the owner satisfies the requirement in sub. (7) (c) 3., the petition shall be filed no
6later than the May 15 before the expiration date of the order
. The petition application
7shall specify whether the owner wants the order renewed for 25 or 50 years. The
8provisions under subs. (5), (6), and (7) do not apply to a petition an application under
9this subsection. The department may deny the petition application only if the land
10fails to meet the eligibility requirements under sub. (1), if the owner has failed to
11comply with the management plan that is in effect on the date that the petition
12application for renewal is filed, or if there are delinquent taxes on the land. If the
13petition application is denied, the department shall state the reason for the denial
14in writing.
SB438, s. 58 15Section 58. 77.86 (1) (c) of the statutes is amended to read:
SB438,16,1716 77.86 (1) (c) If the proposed cutting conforms to the management plan and is
17consistent with sound forestry practices
, the department shall approve the request.
SB438, s. 59 18Section 59. 77.86 (1) (d) of the statutes is amended to read:
SB438,16,2119 77.86 (1) (d) If the proposed cutting does not conform to the management plan
20or is not consistent with sound forestry practices, the department shall assist the
21owner in developing an acceptable proposal before approving the request.
Loading...
Loading...