Productivity of land
This bill creates a provision that allows an owner of MFL that has been
damaged by a natural disaster to restore the productivity of the land so that it meets
the requirements under the MFL program for producing merchantable timber. If the
owner fails to complete the restoration within a time period specified by DNR, either
DNR may order withdrawal of the land or the owner of the land may request
withdrawal of the land. The owner is exempt from payment of withdrawal taxes if
the owner makes the request and DNR determines that the MFL is unable to meet
the production requirements for merchantable timber and if the owner withdraws
only the number of acres necessary for the parcel to again meet the production
requirements. This bill defines "natural disaster" as fire, ice, snow, wind, flooding,
insects, drought, or disease.
This bill also allows an owner who is unable to meet the requirements for
producing merchantable timber for environmental, ecological, or economic reasons
to request withdrawal of that part of a parcel that is unsuitable for the production
of merchantable timber. The owner is exempt from payment of withdrawal taxes or
fees.
Under current law, a person may not cut any merchantable wood products on
FCL or any merchantable timber on MFL unless the owner has filed a notice with
DNR. DNR may prescribe the amount of forest products or timber to be removed
unless the notice of intention to cut was provided to DNR by a cooperating forester
authorized to assist in the harvesting and sale of timber or by an accredited forester.
Under this bill, DNR may not prescribe the amount of forest products or timber to
be removed if the notice of intention to cut was provided to DNR by additional
persons meeting specified education and work experience requirements.
Closed lands
Under current law, an owner may designate MFL as closed to public access. The
closed area may consist of a quarter-quarter section, a government lot, a fractional
lot, or a combination thereof or up to 160 acres in each municipality. Under this bill,
an owner may designate any MFL as closed to public access, and the limit on acreage
that can be designated as closed applies only to land owned by a business entity.
This bill also allows an owner of land designated as closed to permit a person
who performs land management activities on the land to access the land to conduct
recreational activities.
Other provisions
Under current law, a "forest production area" is an area in a state forest that
DNR has classified as an area in which the primary management objective relates
to the production of timber and other forest products. This bill requires DNR to
propose a variance to the master plans of all state forests except for the southern
state forests and Governor Knowles State Forest so that 75 percent of all the land
in those state forests combined is classified as a forest production area.
Under current law, DNR conducts a natural heritage inventory program to
determine the existence and degree of endangerment of natural areas. Under this
bill, activities under the program related to private property may be conducted only
with the permission of the property owner.
This bill authorizes DNR to prepare a state wildlife action plan that identifies
which native wildlife species with low or declining populations are most at risk and
that provides guidance for activities to conserve those species. The plan may not
require action by property owners or the department and may not be referenced as
guidance on DNR forms.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB561,1
1Section
1. 20.370 (1) (cr) of the statutes is amended to read:
AB561,6,42
20.370
(1) (cr)
Forestry — recording fees. All moneys received under ss. 77.82
3(2m) (d) and (4) and 77.88 (2)
(d) (ac) 1. for the payment of fees to the registers of deeds
4under s. 77.91 (5).
AB561,2
5Section
2. 23.0951 of the statutes is created to read:
AB561,6,11
623.0951 Wildlife action plan. The department may prepare a state wildlife
7action plan that identifies which native wildlife species with low or declining
8populations are most at risk and provides guidance for activities to conserve those
9species. The plan may not require action by property owners or the department. The
10department may not require that the plan be used as guidance on official department
11forms.
AB561,3
12Section
3. 23.27 (3) (c) of the statutes is created to read:
AB561,6,1513
23.27
(3) (c)
Rights of property owners. The department may conduct activities
14under this subsection related to private property only with the permission of the
15owner of the property.
AB561,4
16Section
4. 26.06 (1) of the statutes is amended to read:
AB561,7,1017
26.06
(1) Foresters, forest supervisors, rangers and wardens of the department
18and the cruisers and foresters of the board of commissioners of public lands have the
19enforcement powers specified in s. 26.97 with respect to, and may seize, without
20process, any forest products unlawfully severed from public lands of the state, federal
21lands leased to the state, county forest lands entered under s. 28.11, forest croplands
1entered under subch. I of ch. 77 or managed forest land designated under subch. VI
2of ch. 77. Seized products cut from lands under the control of the board of
3commissioners of public lands shall be held for the commissioners and those cut from
4forest croplands, managed forest land or county forest shall be held for the owner,
5and subject to the payment of
severance taxes, yield taxes or severance share thereon
6to the state. Products cut from state forest lands or federal lands leased to the
7department shall be appraised and sold. Products appraised at more than $500 shall
8be sold on sealed bids not less than 10 days after a class 1 notice has been published,
9under ch. 985, in the county where the material is located. Any sheriff may seize and
10hold for the owner thereof any forest products unlawfully severed or removed.
AB561,5
11Section
5. 74.25 (1) (a) 6. of the statutes is amended to read:
AB561,7,1512
74.25
(1) (a) 6. Pay to the county treasurer
20% 20 percent of collections of
13occupational taxes on coal docks,
20% 20 percent of collections of the taxes imposed
14under ss. 77.04 and 77.84 (2) (a)
and, (am)
, and (bp), and
all 20 percent of collections
15of payments for lands under s. 77.84 (2) (b)
, and (bm)
, and (bp).
AB561,6
16Section
6. 74.30 (1) (f) of the statutes is amended to read:
AB561,7,2017
74.30
(1) (f) Pay to the county treasurer
20% 20 percent of collections of
18occupational taxes on coal docks,
20% 20 percent of collections of the taxes imposed
19under ss. 77.04 and 77.84 (2) (a)
and, (am)
, and (bp), and
all 20 percent of collections
20of payments for lands under s. 77.84 (2) (b)
, and (bm)
, and (bp).
AB561,7
21Section
7. 75.36 (2) (a) of the statutes is amended to read:
AB561,8,322
75.36
(2) (a) If property is acquired by a county taking a tax deed under this
23chapter, the county is not required to pay any special charges or special assessments
24until the property is sold by the county. In the case of lands designated as forest
25croplands or managed forest lands, the county is not required to pay any taxes under
1s. 77.04
, 77.07 or 77.87 until the forest crop is cut. The liens of the tax certificate and
2of all general property taxes, special assessments, special charges and special taxes
3levied against the property shall merge in the county's title.
AB561,8,156
77.06
(1) (a) No person shall cut any merchantable wood products on any forest
7croplands where the forest crop taxes are delinquent nor until 30 days after the
8owner has filed with the department of natural resources a notice of intention to cut,
9specifying by descriptions and the estimated amount of wood products to be removed
10and the proportion of present volume to be left as growing stock in the area to be cut.
11The department of natural resources may require a bond executed by some surety
12company licensed in this state or other surety for such amount as may reasonably
13be required for the payment to the department of natural resources of the severance
14tax hereinafter provided. Merchantable wood products include all wood products
15except wood used for fuel by the owner.
AB561,9
16Section
9. 77.06 (1) (b) 2. of the statutes, as created by
2015 Wisconsin Act 55,
17is renumbered 77.06 (1) (b) 2. (intro.) and amended to read:
AB561,8,2018
77.06
(1) (b) 2. (intro.)
If The department of natural resources may not
19prescribe the amount of forest products to be cut if the notice of intention to cut was
20provided to the department
of natural resources by
a any of the following:
AB561,8,24
21a. A cooperating forester authorized under s. 28.05 to assist the state in the
22harvesting and sale of timber
, or by a forester accredited by the Society of American
23Foresters, Association of Consulting Foresters, or Wisconsin Consulting Foresters,
24the department may not prescribe the amount of forest products to be removed.
AB561,10
25Section
10. 77.06 (1) (b) 2. b. of the statutes is created to read:
AB561,9,2
177.06
(1) (b) 2. b. A forester accredited by the Society of American Foresters,
2Association of Consulting Foresters, or Wisconsin Consulting Foresters.
AB561,11
3Section
11. 77.06 (1) (b) 2. c. of the statutes is created to read:
AB561,9,74
77.06
(1) (b) 2. c. A person who holds at least a bachelor's degree from a forestry
5program provided by a nationally or regionally accredited institution of higher
6education and who has engaged in the equivalent of 5 years of full-time work
7preparing forest management plans or marking trees for cutting.
AB561,12
8Section
12. 77.06 (1) (b) 2. d. of the statutes is created to read:
AB561,9,129
77.06
(1) (b) 2. d. A person who holds a degree or diploma from a 2-year forestry
10program provided by an accredited technical or vocational school and who has
11engaged in the equivalent of 5 years of full-time work preparing forest management
12plans or marking trees for cutting.
AB561,9,1915
77.06
(1) (c) Cutting in excess of the amount prescribed by the department of
16natural resources, or cutting that the department finds is inconsistent with sound
17forestry practices, shall render the owner liable to
double the severance tax
18prescribed in s. 77.06 (5) a forfeiture equal to 20 percent of the value of the timber
19cut and subject to cancellation under s. 77.10.
AB561,14
20Section
14. 77.06 (5) of the statutes is repealed.
AB561,16
23Section
16. 77.10 (1) (a) of the statutes is amended to read:
AB561,9,2524
77.10
(1) (a) The department of natural resources shall on the application of
25the department of revenue or the owner of any forest croplands or the town board of
1the town in which said lands lie and may on its own motion at any time cause an
2investigation to be made and hearing to be had as to whether any forest croplands
3shall continue under this subchapter. If on such hearing after due notice to and
4opportunity to be heard by the department of revenue, the town and the owner, the
5department of natural resources finds that any such lands are not meeting the
6requirements set forth in s. 77.02 or that the owner has made use of the land for
7anything other than forestry or has failed to practice sound forestry on the land, the
8department of natural resources shall cancel the entry of such description and issue
9an order of withdrawal, and the owner shall be liable for the tax and penalty under
10sub. (2). Copies of the order of withdrawal specifying the description shall be filed
11by the department of natural resources with all officers designated to receive copies
12of the order of entry and withdrawal and this subchapter shall not thereafter apply
13to the lands withdrawn
, except s. 77.07 so far as it may be needed to collect any
14previously levied severance or supplemental severance tax. If the owner shall not
15repay the amounts on or before the last day of February next succeeding the return
16of such lands to the general property tax roll as provided in sub. (4), the department
17of natural resources shall certify to the county treasurer the descriptions and the
18amounts due, and the county treasurer shall sell such lands as delinquent as
19described in s. 77.04 (2). Whenever any county clerk has certified to the taking of tax
20deed under s. 77.04 (2) the department of natural resources shall issue an order of
21withdrawal as to the lands covered in such tax deed. Such order may also be issued
22when examination of tax records reveals prolonged delinquency and noncompliance
23with the requirements of s. 77.04 (2).
AB561,17
24Section
17. 77.81 (4m) of the statutes is created to read:
AB561,11,2
177.81
(4m) "Natural disaster" means fire, ice, snow, wind, flooding, insects,
2drought, or disease.
AB561,18
3Section
18. 77.81 (6) of the statutes is amended to read:
AB561,11,74
77.81
(6) "Recreational activities"
include means recreational outdoor
5activities that are compatible with the practice of forestry, as determined by the
6department. "Recreational activities" includes hunting, fishing, hiking,
7sight-seeing, cross-country skiing, horseback riding, and staying in cabins.
AB561,19
8Section
19. 77.82 (1) (a) 1. of the statutes is amended to read:
AB561,11,199
77.82
(1) (a) 1. It consists of at least
10 20 contiguous acres, except as provided
10in this subdivision. The fact that a lake, river, stream or flowage, a public or private
11road or a railroad or utility right-of-way separates any part of the land from any
12other part does not render a parcel of land noncontiguous. If a part of a parcel of at
13least
10 20 contiguous acres is separated from another part of that parcel by a public
14road, that part of the parcel may be enrolled in the program, even if that part is less
15than
10 20 acres, if that part meets the requirement under subd. 2. and is not
16ineligible under par. (b).
The owner of a parcel of less than 20 acres that is subject
17to a managed forest land order before the effective date of this subdivision .... [LRB
18inserts date], may apply one time for a renewal of the order under sub. (12) without
19meeting the 20-acre requirement.
AB561,20
20Section
20. 77.82 (1) (b) 3. of the statutes is amended to read:
AB561,11,2421
77.82
(1) (b) 3. A parcel
that is developed for a human residence on which a
22building or an improvement associated with a building is located. This provision first
23applies to managed forest land subject to an order on the effective date of this
24subdivision .... [LRB inserts date].
AB561,21
25Section
21. 77.82 (1) (bn) of the statutes is repealed.
AB561,22
1Section
22. 77.82 (1) (bp) of the statutes is created to read:
AB561,12,32
77.82
(1) (bp) 1. For purposes of par. (b) 3., and except as provided in subd. 2.,
3an improvement is any of the following:
AB561,12,54
a. Any accessory building, structure, or fixture that is built or placed on the
5parcel for its benefit.
AB561,12,66
b. Landscaping that is done on the parcel.
AB561,12,77
2. An improvement does not include any of the following:
AB561,12,88
a. A public or private road.
AB561,12,99
b. A railroad or utility right-of-way.
AB561,12,1110
c. A fence, unless the fence prevents the free and open movement of wild
11animals across any portion of the parcel.
AB561,12,1212
d. Culverts.
AB561,12,1313
e. Bridges.
AB561,12,1414
f. Hunting blinds, as specified by rules promulgated by the department.
AB561,12,1515
g. Structures and fixtures that are needed for sound forestry practices.
AB561,23
16Section
23. 77.82 (2) (dm) of the statutes is amended to read:
AB561,12,1717
77.82
(2) (dm)
A Subject to sub. (12), a proposed management plan.
AB561,24
18Section
24. 77.82 (4) of the statutes is amended to read:
AB561,13,619
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 file an application with the department to designate as managed forest
22land an additional parcel of land if the additional parcel is at least 3 acres in size and
23is contiguous to any of that designated land. The application shall be accompanied
24by a nonrefundable $20 application recording fee unless a different amount for the
25fee is established by the department by rule at an amount equal to the average
1expense to the department of recording an order issued under this subchapter. The
2fee shall be deposited in the conservation fund and credited to the appropriation
3under s. 20.370 (1) (cr). The application shall be filed on a department form and shall
4contain any additional information required by the department.
The tax rate
5applicable to an addition under this subsection shall be the tax rate currently
6applicable to the parcel to which the land is being added.
AB561,25
7Section
25. 77.82 (4g) of the statutes is repealed.
AB561,26
8Section
26. 77.82 (11) of the statutes is amended to read:
AB561,13,229
77.82
(11) Duration; effect of changes. An order
issued under this subchapter
10remains shall constitute a contract between the state and the owner and shall
11remain in effect for the period specified in the application unless the land is
12withdrawn under s. 77.84 (3) (b) or 77.88.
An amendment to or repeal of this
13subchapter does not affect the terms of an order or management plan, except as
14expressly agreed to in writing by the owner and the department and except Except 15as provided in
sub. subs. (3) (f) and (11m)
, the department may not amend or
16otherwise change the terms of an order or management plan to conform with changes
17made to any provision of this subchapter subsequent to the date on which the order
18was entered or the plan was approved. If a statute is enacted or a rule is promulgated
19during the period of the order that materially changes the terms of the order, the
20landowner shall elect between acceptance of modifications to the contract consistent
21with the provisions of the statute or rule or voluntary withdrawal of the land without
22penalty.
AB561,27
23Section
27. 77.82 (12) of the statutes is renumbered 77.82 (12) (a) (intro.) and
24amended to read:
AB561,14,7
177.82
(12) (a) (intro.) An owner of managed forest land may file an application
2with the department under sub. (2) for renewal of the order. An application for
3renewal shall be filed no later than the June 1 before the expiration date of the order.
4The application shall specify whether the owner wants the order renewed for 25 or
550 years. The provisions under subs.
(3), (5), (6), and (7) do not apply to an application
6under this
subsection paragraph. The department may deny the application only if
7the any of the following applies:
AB561,14,8
81. The land fails to meet the eligibility requirements under sub. (1)
, if the.
AB561,14,10
93. The owner has failed to comply with the management plan that is in effect
10on the date that the application for renewal is filed
, or if there.
AB561,14,11
117. There are delinquent taxes on the land.
AB561,14,13
12(b) If the application is denied, the department shall state the reason for the
13denial in writing.
AB561,28
14Section
28. 77.82 (12) (a) 2. of the statutes is created to read:
AB561,14,1715
77.82
(12) (a) 2. The land that is subject to the application for renewal of the
16order is not identical to the land that is designated as managed forest land under the
17existing order.
AB561,29
18Section
29. 77.82 (12) (a) 4. of the statutes is created to read:
AB561,14,2219
77.82
(12) (a) 4. The management plan does not contain any mandatory
20forestry or soil conservation practices, as described in sub. (3) (c) 6. and 7., or any
21mandatory management activities, as described in sub. (3) (d), that the department
22determines are required to be continued during the term of the renewed order.
AB561,30
23Section
30. 77.82 (12) (a) 5. of the statutes is created to read:
AB561,15,224
77.82
(12) (a) 5. No review of the mandatory forestry or soil conservation
25practices or the mandatory management activities contained in the management
1plan has been conducted within the 5 years immediately preceding the date of the
2application for renewal.
AB561,31
3Section
31. 77.82 (12) (a) 6. of the statutes is created to read: