AB580,6,1919 77.82 (2m) (title) Fees for petitions applications and management plans.
AB580, s. 17 20Section 17. 77.82 (2m) (a) 1. of the statutes is amended to read:
AB580,6,2521 77.82 (2m) (a) 1. A petition An application under sub. (2), (4m), or (12) shall
22be accompanied by a nonrefundable application recording fee of $20 unless a
23different amount for the recording fee is established by the department by rule at an
24amount equal to the average expense to the department for recording an order issued
25under this subchapter.
AB580, s. 18
1Section 18. 77.82 (2m) (a) 1. of the statutes, as affected by 2009 Wisconsin Act
2.... (this act), is renumbered 77.82 (2m) (a).
AB580, s. 19 3Section 19. 77.82 (2m) (a) 2. of the statutes is amended to read:
AB580,7,74 77.82 (2m) (a) 2. If a petition an application under sub. (2), (4m), or (12) is not
5accompanied by a proposed management plan that meets the requirements under
6par. (c), the department shall charge the plan preparation fee established under par.
7(am) if the department agrees to complete the plan.
AB580, s. 20 8Section 20. 77.82 (2m) (a) 2. of the statutes, as affected by 2009 Wisconsin Act
9.... (this act), is repealed.
AB580, s. 21 10Section 21. 77.82 (2m) (ac) of the statutes is created to read:
AB580,7,1311 77.82 (2m) (ac) If the department prepares a management plan under sub. (3)
12(am), the department shall collect from the applicant the management plan fee
13established under par. (am).
AB580, s. 22 14Section 22. 77.82 (2m) (am) of the statutes is amended to read:
AB580,7,2015 77.82 (2m) (am) The department shall by rule establish on an annual basis a
16nonrefundable fee that the department shall charge for a management plan
17prepared or completed by the department, including any plan prepared by a certified
18plan writer contracted by the department under sub. (3) (g)
. The fee shall be based
19on the comparable commercial market rate that is charged for preparation of such
20management plans.
AB580, s. 23 21Section 23. 77.82 (2m) (c) of the statutes is amended to read:
AB580,7,2422 77.82 (2m) (c) A proposed management plan is exempt from the management
23plan preparation fee under par. (a) 2. (ag) if it is prepared or completed by an
24independent certified plan writer instead of by the department.
AB580, s. 24 25Section 24. 77.82 (2m) (d) of the statutes is amended to read:
AB580,8,2
177.82 (2m) (d) All of the application recording fees collected under par. (a) 1.
2shall be credited to the appropriation under s. 20.370 (1) (cr).
AB580, s. 25 3Section 25. 77.82 (2m) (dm) 1. of the statutes is amended to read:
AB580,8,74 77.82 (2m) (dm) 1. Of each management plan fee, $300 or the entire fee,
5whichever is less, that is collected under par. (a) or (e) that is not credited to the
6appropriation under s. 20.370 (1) (cr)
(ag) shall be credited to the appropriation under
7s. 20.370 (1) (cx).
AB580, s. 26 8Section 26. 77.82 (2m) (e) of the statutes is amended to read:
AB580,8,149 77.82 (2m) (e) If a proposed management plan accompanying a petition an
10application
filed under sub. (2), (4m), or (12) is not approved by the department under
11its initial review under sub. (3) (a), and if the department agrees to complete the
12management plan under sub. (3) (a), the department shall collect from the petitioner
13applicant the plan preparation fee established under par. (am), if the petitioner
14applicant has not previously paid the fee.
AB580, s. 27 15Section 27. 77.82 (2m) (e) of the statutes, as affected by 2009 Wisconsin Act
16.... (this act), is renumbered 77.82 (2m) (ag) and amended to read:
AB580,8,2217 77.82 (2m) (ag) If a proposed management plan accompanying an application
18filed under sub. (2), (4m), or (12) is not approved by the department under its initial
19review under sub. (3) (a) (ar), and if the department agrees to complete the proposed
20management plan under sub. (3) (a) (ar), the department shall collect from the
21applicant the management plan preparation fee established under par. (am), if the
22applicant has not previously paid the fee
.
AB580, s. 28 23Section 28. 77.82 (3) (a) of the statutes is amended to read:
AB580,9,824 77.82 (3) (a) A proposed management plan may shall cover the entire acreage
25of each parcel subject to the petition application. The department, after considering

1the owner's forest management objectives as stated under sub. (2) (e), shall review
2and either approve or disapprove the proposed management plan. If the department
3disapproves the plan, it shall inform the petitioner applicant of the changes
4necessary to qualify the plan for approval upon subsequent review. At the request
5of the petitioner applicant, the department may agree to complete the proposed
6management plan that has been prepared by an independent certified plan writer.
7The department shall complete any proposed management plan prepared by the
8department.
AB580, s. 29 9Section 29. 77.82 (3) (a) of the statutes, as affected by 2009 Wisconsin Act ....
10(this act), is renumbered 77.82 (3) (ag) and amended to read:
AB580,9,1311 77.82 (3) (ag) A proposed management plan shall cover the entire acreage of
12each parcel subject to the application. The and shall be prepared by an independent
13certified plan writer or by the department if par. (am) applies.
AB580,9,22 14(ar) For a proposed management plan prepared by an independent certified
15plan writer, the
department, after considering the owner's forest management
16objectives as stated under sub. (2) (e), shall review and either approve or disapprove
17the proposed management plan. If the department disapproves the proposed plan,
18it shall inform the applicant of the changes necessary to qualify the plan for approval
19upon subsequent review. At the request of the applicant, the department may agree
20to complete the proposed management plan that has been prepared by an
21independent certified plan writer. The department shall complete any proposed
22management plan prepared by the department
.
AB580, s. 30 23Section 30. 77.82 (3) (am) of the statutes is created to read:
AB580,9,2524 77.82 (3) (am) If the department determines that an applicant is not able to
25have a proposed management plan prepared by a certified independent plan writer,

1the department shall prepare the plan. The department shall promulgate rules
2establishing the criteria that shall be met in order to determine that an applicant is
3unable to prepare such a plan.
AB580, s. 31 4Section 31. 77.82 (3) (c) (intro.) of the statutes is amended to read:
AB580,10,75 77.82 (3) (c) (intro.) To qualify for approval, a management plan shall be
6prepared by an independent certified plan writer or prepared by the department and

7shall include all of the following:
AB580, s. 32 8Section 32. 77.82 (3) (f) of the statutes is repealed and recreated to read:
AB580,10,119 77.82 (3) (f) A management plan may be amended either by an agreement
10entered into by the owner and the department or by the department to ensure the
11practice of sound forestry.
AB580, s. 33 12Section 33. 77.82 (3) (g) of the statutes is amended to read:
AB580,10,1713 77.82 (3) (g) The department shall certify plan writers and shall promulgate
14rules specifying the qualifications that a person must satisfy to become a certified
15plan writer. For management plans prepared or completed by the department under
16this subsection, the department may contract with plan writers certified by the
17department to prepare and complete these plans.
AB580, s. 34 18Section 34. 77.82 (4) of the statutes is amended to read:
AB580,11,519 77.82 (4) Additions to managed forest land. An owner of land that is
20designated as managed forest land under an order that takes effect on or after April
2128, 2004, may petition file an application with the department to designate as
22managed forest land an additional parcel of land if the additional parcel is at least
233 acres in size and is contiguous to any of that designated land. The petition
24application shall be accompanied by a nonrefundable $20 application recording fee
25unless a different amount for the fee is established by the department by rule at an

1amount equal to the average expense to the department of recording an order issued
2under this subchapter. The fee shall be deposited in the conservation fund and
3credited to the appropriation under s. 20.370 (1) (cr). The petition application shall
4be filed on a department form and shall contain any additional information required
5by the department.
AB580, s. 35 6Section 35. 77.82 (4g) (a) of the statutes is amended to read:
AB580,11,127 77.82 (4g) (a) If an owner of land that is designated as managed forest land
8under an order that takes effect before April 28, 2004, wishes to have an additional
9parcel of land that is at least 10 acres in size and that satisfies the other requirements
10in sub. (1) designated as managed forest land, the owner may petition file an
11application with
the department under sub. (2) for a new order covering the
12additional land.
AB580, s. 36 13Section 36. 77.82 (4g) (b) of the statutes is amended to read:
AB580,11,2214 77.82 (4g) (b) If an owner of land that is designated as managed forest land
15under an order that takes effect before April 28, 2004, wishes to have designated as
16managed forest land an additional parcel of land that is at least 3 acres in size, that
17does not satisfy the requirements in sub. (1), and that is contiguous to any of that
18designated land, the owner may withdraw the designated land from the original
19order and may petition file an application with the department under sub. (2) for a
20new order covering both the withdrawn land and the additional land. The
21withdrawal tax and the withdrawal fee under s. 77.88 (5) and (5m) do not apply to
22a withdrawal under this paragraph.
AB580, s. 37 23Section 37. 77.82 (4m) (a) of the statutes is amended to read:
AB580,12,3
177.82 (4m) (a) An owner of land that is entered as forest croplands under s.
277.02 may petition file an application with the department under sub. (2) to convert
3all or a portion of the land to managed forest land, subject to sub. (1) (c).
AB580, s. 38 4Section 38. 77.82 (4m) (b) of the statutes is amended to read:
AB580,12,75 77.82 (4m) (b) A petition An application under this subsection shall specify
6whether the order designating the land as managed forest land will remain in effect
7for 25 years or 50 years, as elected by the owner.
AB580, s. 39 8Section 39. 77.82 (4m) (d) of the statutes is amended to read:
AB580,12,139 77.82 (4m) (d) An owner of land who has filed a conversion petition application
10under this subsection and for whom the department is preparing or completing a
11management plan may withdraw the request and have it prepared by an
12independent certified plan writer if the owner determines that the department is not
13preparing or completing the management plan in a timely manner.
AB580, s. 40 14Section 40. 77.82 (5) (title) of the statutes is amended to read:
AB580,12,1515 77.82 (5) (title) Notice of petition application; request for denial.
AB580, s. 41 16Section 41. 77.82 (5) (a) of the statutes is amended to read:
AB580,12,1917 77.82 (5) (a) Upon receipt of a petition an application under sub. (2), (4) or (4m),
18the department shall provide written notice of the petition application to each clerk
19of each municipality in which the land is located.
AB580, s. 42 20Section 42. 77.82 (5) (b) of the statutes is amended to read:
AB580,13,321 77.82 (5) (b) The governing body of any municipality in which the proposed
22managed forest land is located or a resident or property tax payer of such a
23municipality may, within 15 days after the notice under par. (a) is provided, request
24the department to deny the petition application on the grounds that the land fails to
25meet the eligibility requirements under sub. (1) or that, if the addition is approved,

1the entire parcel will fail to meet those eligibility requirements. The request shall
2be in writing and shall specify the reason for believing that the land is or would be
3ineligible.
AB580, s. 43 4Section 43. 77.82 (6) (a) of the statutes is amended to read:
AB580,13,65 77.82 (6) (a) The department shall conduct any investigation necessary to
6reach a decision on a petition an application.
AB580, s. 44 7Section 44. 77.82 (6) (b) 2. of the statutes is amended to read:
AB580,13,118 77.82 (6) (b) 2. At least 10 days before the date of the hearing, the department
9shall mail written notice of the date, time, and place of the hearing to the petitioner,
10applicant, to each person who submitted a request under sub. (5) (b), and to the clerk
11of each municipality in which the land is located.
AB580, s. 45 12Section 45. 77.82 (7) (a) (intro.) of the statutes is amended to read:
AB580,13,1613 77.82 (7) (a) (intro.) After considering the testimony presented at the public
14hearing, if any, the facts discovered by its investigation and the land use in the area
15in which the land is located, the department shall approve a petition an application
16under sub. (2) or (4m) if it determines all of the following:
AB580, s. 46 17Section 46. 77.82 (7) (a) 2. of the statutes is amended to read:
AB580,13,1818 77.82 (7) (a) 2. That all facts stated in the petition application are correct.
AB580, s. 47 19Section 47. 77.82 (7) (b) (intro.) of the statutes is amended to read:
AB580,13,2220 77.82 (7) (b) (intro.) After considering the testimony presented at the public
21hearing, if any, and the facts discovered by its investigation, the department shall
22approve a petition an application under sub. (4) if it determines all of the following:
AB580, s. 48 23Section 48. 77.82 (7) (b) 1. of the statutes is amended to read:
AB580,13,2424 77.82 (7) (b) 1. That all facts stated in the petition application are correct.
AB580, s. 49 25Section 49. 77.82 (7) (c) 1. of the statutes is repealed.
AB580, s. 50
1Section 50. 77.82 (7) (c) 2. of the statutes is repealed.
AB580, s. 51 2Section 51. 77.82 (7) (c) 3. of the statutes is amended to read:
AB580,14,123 77.82 (7) (c) 3. Except as provided in par. (d), if a petition an application is
4received on or before May 15 June 1 of any year from a petitioner who owns less than
51,000 acres in this state, who, before the deadline established by the department by
6rule, submitted a draft management plan prepared by an independent certified plan
7writer
, and who submits a completed plan, as defined by the department by rule, with
8the petition
, the department shall investigate and shall either approve the petition
9application and issue the order under sub. (8) or deny the petition application before
10the following November 21. An application received after June 1 shall be acted on
11by the department as provided in this subdivision before the November 21 of the year
12following the year in which the application is received.
AB580, s. 52 13Section 52. 77.82 (7) (d) of the statutes is amended to read:
AB580,14,1714 77.82 (7) (d) The department shall approve or disapprove a petition an
15application
under par. (a) that is submitted filed under sub. (4m) within 3 years after
16the date on which the petition is submitted to application is filed with the
17department.
AB580, s. 53 18Section 53. 77.82 (8) of the statutes is amended to read:
AB580,15,219 77.82 (8) Order. If a petition an application under sub. (2), (4m), or (12) is
20approved, the department shall issue an order designating the land as managed
21forest land for the time period specified in the petition application. If a petition an
22application
under sub. (4) is approved, the department shall amend the original
23order to include the additional parcel. The department shall provide the petitioner
24applicant with a copy of the order or amended order and shall also file a copy with
25the department of revenue, the supervisor of assessments, and the clerk of each

1municipality in which the land is located, and shall record the order with the register
2of deeds in each county in which the land is located.
AB580, s. 54 3Section 54. 77.82 (10) of the statutes is amended to read:
AB580,15,54 77.82 (10) Denial. If the department denies a petition an application, it shall
5notify the petitioner applicant in writing, stating the reason for the denial.
AB580, s. 55 6Section 55. 77.82 (11) of the statutes is amended to read:
AB580,15,117 77.82 (11) Duration. An order under this subchapter remains in effect for the
8period specified in the petition application unless the land is withdrawn under s.
977.84 (3) (b) or 77.88. An amendment to or repeal of this subchapter does not affect
10the terms of an order or management plan, except as expressly agreed to in writing
11by the owner and the department and except as provided in sub. (11m).
AB580, s. 56 12Section 56. 77.82 (11g) of the statutes is amended to read:
AB580,15,1513 77.82 (11g) Withdrawal tax on converted forest croplands prohibited. No
14tax or interest may be assessed under s. 77.10 (2) (a) on land converted to managed
15forest land pursuant to a petition an application approved under sub. (7) (d).
AB580, s. 57 16Section 57. 77.82 (12) of the statutes is amended to read:
AB580,16,717 77.82 (12) Renewal. An owner of managed forest land may petition file an
18application with
the department under sub. (2) for renewal of the order. A petition
19An application filed by an owner of 1,000 acres or more in this state shall be filed no
20later than the March 31 before the expiration date of the order. A petition An
21application
filed by an owner of less than 1,000 acres in this state shall be filed no
22later than the 2nd July 1 June 1 before the expiration date of the order, except that
23if the owner satisfies the requirement in sub. (7) (c) 3., the petition shall be filed no
24later than the May 15 before the expiration date of the order
. The petition application
25shall specify whether the owner wants the order renewed for 25 or 50 years. The

1provisions under subs. (5), (6), and (7) do not apply to a petition an application under
2this subsection. The department may deny the petition application only if the land
3fails to meet the eligibility requirements under sub. (1), if the owner has failed to
4comply with the management plan that is in effect on the date that the petition
5application for renewal is filed, or if there are delinquent taxes on the land. If the
6petition application is denied, the department shall state the reason for the denial
7in writing.
AB580, s. 58 8Section 58. 77.86 (1) (c) of the statutes is amended to read:
AB580,16,109 77.86 (1) (c) If the proposed cutting conforms to the management plan and is
10consistent with sound forestry practices
, the department shall approve the request.
AB580, s. 59 11Section 59. 77.86 (1) (d) of the statutes is amended to read:
AB580,16,1412 77.86 (1) (d) If the proposed cutting does not conform to the management plan
13or is not consistent with sound forestry practices, the department shall assist the
14owner in developing an acceptable proposal before approving the request.
AB580, s. 60 15Section 60. 77.86 (5) (a) of the statutes is amended to read:
AB580,16,1816 77.86 (5) (a) Any person who fails to file the notice required under sub. (1) (b)
17or, who intentionally fails to file a report as required under sub. (4), or who files a false
18report under sub. (4) shall forfeit not more than $1,000.
AB580, s. 61 19Section 61. 77.86 (5) (b) of the statutes is amended to read:
AB580,16,2320 77.86 (5) (b) Any owner who intentionally cuts merchantable timber in
21violation of this section is subject to a forfeiture equal to 20% of the current value of
22the merchantable timber cut, based on the stumpage value established under s.
2377.91 (1).
AB580, s. 62 24Section 62. 77.87 (1) of the statutes is amended to read:
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