SB434,11,2
177.81 (4m) "Natural disaster" means fire, ice, snow, wind, flooding, insects,
2drought, or disease.
SB434,18 3Section 18. 77.81 (6) of the statutes is amended to read:
SB434,11,74 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.
SB434,19 8Section 19. 77.82 (1) (a) 1. of the statutes is amended to read:
SB434,11,199 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.
SB434,20 20Section 20. 77.82 (1) (b) 3. of the statutes is amended to read:
SB434,11,2421 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]
.
SB434,21 25Section 21. 77.82 (1) (bn) of the statutes is repealed.
SB434,22
1Section 22. 77.82 (1) (bp) of the statutes is created to read:
SB434,12,32 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:
SB434,12,54 a. Any accessory building, structure, or fixture that is built or placed on the
5parcel for its benefit.
SB434,12,66 b. Landscaping that is done on the parcel.
SB434,12,77 2. An improvement does not include any of the following:
SB434,12,88 a. A public or private road.
SB434,12,99 b. A railroad or utility right-of-way.
SB434,12,1110 c. A fence, unless the fence prevents the free and open movement of wild
11animals across any portion of the parcel.
SB434,12,1212 d. Culverts.
SB434,12,1313 e. Bridges.
SB434,12,1414 f. Hunting blinds, as specified by rules promulgated by the department.
SB434,12,1515 g. Structures and fixtures that are needed for sound forestry practices.
SB434,23 16Section 23. 77.82 (2) (dm) of the statutes is amended to read:
SB434,12,1717 77.82 (2) (dm) A Subject to sub. (12), a proposed management plan.
SB434,24 18Section 24. 77.82 (4) of the statutes is amended to read:
SB434,13,619 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.
SB434,25 7Section 25. 77.82 (4g) of the statutes is repealed.
SB434,26 8Section 26. 77.82 (11) of the statutes is amended to read:
SB434,13,229 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
.
SB434,27 23Section 27. 77.82 (12) of the statutes is renumbered 77.82 (12) (a) (intro.) and
24amended to read:
SB434,14,7
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:
SB434,14,8 81. The land fails to meet the eligibility requirements under sub. (1), if the.
SB434,14,10 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.
SB434,14,11 117. There are delinquent taxes on the land.
SB434,14,13 12(b) If the application is denied, the department shall state the reason for the
13denial in writing.
SB434,28 14Section 28. 77.82 (12) (a) 2. of the statutes is created to read:
SB434,14,1715 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.
SB434,29 18Section 29. 77.82 (12) (a) 4. of the statutes is created to read:
SB434,14,2219 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.
SB434,30 23Section 30. 77.82 (12) (a) 5. of the statutes is created to read:
SB434,15,224 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.
SB434,31 3Section 31. 77.82 (12) (a) 6. of the statutes is created to read:
SB434,15,74 77.82 (12) (a) 6. Within the 5 years immediately preceding the date of the
5application for renewal, the management plan has not been updated to reflect the
6completion of any forestry or soil conservation practices or management activities
7contained in the plan.
SB434,32 8Section 32. 77.83 (1) (a) (intro.) of the statutes is renumbered 77.83 (1) (a) and
9amended to read:
SB434,15,1110 77.83 (1) (a) An owner may designate land subject to a managed forest land
11order as closed to public access. The closed area may consist of either:
SB434,33 12Section 33. 77.83 (1) (a) 1. and 2. of the statutes are repealed.
SB434,34 13Section 34. 77.83 (1) (am) of the statutes is created to read:
SB434,15,1614 77.83 (1) (am) Notwithstanding par. (a), not more than 160 acres owned by any
15business entity, as defined in s. 13.62 (5), may be designated as closed managed forest
16land in each municipality.
SB434,35 17Section 35. 77.83 (1) (b) 1. of the statutes is amended to read:
SB434,15,1918 77.83 (1) (b) 1. The addition does not result in increasing the closed portion of
19the land to an area greater than that permitted under par. (a) (am).
SB434,36 20Section 36. 77.83 (1) (d) of the statutes is created to read:
SB434,15,2321 77.83 (1) (d) An owner of land designated as closed under par. (a) may permit
22a person who performs land management activities on the land to access the land to
23conduct recreational activities.
SB434,37 24Section 37. 77.86 (1) (b) 2. of the statutes, as created by 2015 Wisconsin Act
2555
, is renumbered 77.86 (1) (b) 2. (intro.) and amended to read:
SB434,16,8
177.86 (1) (b) 2. (intro.) An owner who is required under the terms of an approved
2management plan to cut merchantable timber on managed forest land is not required
3to obtain approval of the cutting of that timber before the cutting takes place if a
4cooperating forester authorized under s. 28.05 to assist the state in the harvesting
5and sale of timber, or a forester accredited by the Society of American Foresters,
6Association of Consulting Foresters, or Wisconsin Consulting Foresters,
any of the
7following
provided the required notice of intent to cut to the department under subd.
81.:
SB434,38 9Section 38. 77.86 (1) (b) 2. a. of the statutes is created to read:
SB434,16,1110 77.86 (1) (b) 2. a. A cooperating forester authorized under s. 28.05 to assist the
11state in the harvesting and sale of timber.
SB434,39 12Section 39. 77.86 (1) (b) 2. b. of the statutes is created to read:
SB434,16,1413 77.86 (1) (b) 2. b. A forester accredited by the Society of American Foresters,
14Association of Consulting Foresters, or Wisconsin Consulting Foresters.
SB434,40 15Section 40. 77.86 (1) (b) 2. c. of the statutes is created to read:
SB434,16,1916 77.86 (1) (b) 2. c. A person who holds at least a bachelor's degree from a forestry
17program provided by a nationally or regionally accredited institution of higher
18education and who has engaged in the equivalent of 5 years of full-time work
19preparing forest management plans or marking trees for cutting.
SB434,41 20Section 41. 77.86 (1) (b) 2. d. of the statutes is created to read:
SB434,16,2421 77.86 (1) (b) 2. d. A person who holds a degree or diploma from a 2-year forestry
22program provided by an accredited technical or vocational school and who has
23engaged in the equivalent of 5 years of full-time work preparing forest management
24plans or marking trees for cutting.
SB434,42 25Section 42. 77.86 (1) (e) of the statutes is created to read:
SB434,17,2
177.86 (1) (e) The department shall not restrict an approved cutting based on
2standards established under s. 23.27 (3).
SB434,43 3Section 43. 77.86 (1) (f) of the statutes is created to read:
SB434,17,64 77.86 (1) (f) The department shall notify the person who filed the notice of
5intention to cut by certified letter or electronic mail no later than the end of the next
6business day of the department's decision to approve or deny a cutting notice.
SB434,44 7Section 44. 77.86 (2) of the statutes is repealed.
SB434,45 8Section 45. 77.87 of the statutes is repealed.
SB434,46 9Section 46. 77.88 (2) (a) (title) of the statutes is created to read:
SB434,17,1010 77.88 (2) (a) (title) Authority to transfer.
SB434,47 11Section 47. 77.88 (2) (a) (intro.) of the statutes is renumbered 77.88 (2) (a) and
12amended to read:
SB434,17,1513 77.88 (2) (a) Except as provided in par. (am), an An owner may sell or otherwise
14transfer ownership of all or part of a parcel of the owner's managed forest land if the
15land transferred is one of the following:
.
SB434,48 16Section 48. 77.88 (2) (a) 1. of the statutes is repealed.
SB434,49 17Section 49. 77.88 (2) (a) 2. of the statutes is renumbered 77.88 (3) (b) 1. a. and
18amended to read:
SB434,17,2019 77.88 (3) (b) 1. a. All of an the owner's managed forest land within a quarter
20quarter
quarter-quarter section.
SB434,50 21Section 50. 77.88 (2) (a) 3. of the statutes is renumbered 77.88 (3) (b) 1. b. and
22amended to read:
SB434,17,2423 77.88 (3) (b) 1. b. All of an the owner's managed forest land within a
24government lot or fractional lot as determined by the U.S. government survey plat.
SB434,51 25Section 51. 77.88 (2) (ac) (title) of the statutes is created to read:
SB434,18,1
177.88 (2) (ac) (title) Transferred land; requirements met.
SB434,52 2Section 52. 77.88 (2) (am) of the statutes is amended to read:
SB434,18,73 77.88 (2) (am) Transferred land; requirements not met. If the land transferred
4under par. (a) does not meet the eligibility requirements under s. 77.82 (1) (a) and
5(b)
, the department shall issue an order withdrawing the land from managed forest
6land designation and shall assess against the owner a withdrawal tax under sub. (5)
7and the withdrawal fee under sub. (5m).
SB434,53 8Section 53. 77.88 (2) (b) of the statutes is amended to read:
SB434,18,179 77.88 (2) (b) Remaining land; requirements met. If the land remaining after
10a transfer under par. (a) is contiguous and meets the eligibility requirements under
11s. 77.82 (1) (a) 2. and (b), it the remaining land shall continue to be designated as
12managed forest land until the expiration of the existing order, even if the parcel
13contains less than 10 acres. Notwithstanding s. 77.82 (12), an owner may not file an
14application with the department for renewal of the order if the parcel contains less
15than 10 acres. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m)
16may be assessed when the remaining land is withdrawn at the expiration of the
17order
.
SB434,54 18Section 54. 77.88 (2) (c) of the statutes is amended to read:
SB434,18,2419 77.88 (2) (c) Remaining land; requirements not met. If the remaining land
20remaining after a transfer under par. (a) does not meet the eligibility requirements
21under s. 77.82 (1) (a) 2. and (b), the department shall issue an order withdrawing
22the land and shall assess against the owner the withdrawal tax under sub. (5) and
23the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the owner is not
24entitled to a hearing on an order withdrawing land under this paragraph.
SB434,55
1Section 55. 77.88 (2) (d) 1. of the statutes is renumbered 77.88 (2) (ac) 1. and
2amended to read:
SB434,19,183 77.88 (2) (ac) 1. Within If the land transferred under par. (a) meets the
4eligibility requirements under s. 77.82 (1) (a) and (b), the land shall continue to be
5designated as managed forest land if the transferee, within
30 days after a transfer
6of ownership, the transferee shall, on files a form provided by the department, file
7with the department a report of the transfer
signed by the transferee. By signing the
8form, the transferee certifies to the department an intent to comply with the existing
9management plan for the land and any amendments to the plan. The transferee
10shall provide proof that each person holding any encumbrance on the land agrees to
11the designation. The transferee may designate an area of the transferred land closed
12to public access as provided under s. 77.83. The department shall issue an order
13continuing the designation of the land as managed forest land under the new
14ownership.
The transferee shall pay a $100 fee that will accompany the report. The
15fee shall be deposited in the conservation fund. Twenty dollars of the fee or a different
16amount of the fee as may be established under subd. 2. shall be credited to the
17appropriation under s. 20.370 (1) (cr). The department shall immediately notify each
18person entitled to notice under s. 77.82 (8).
SB434,56 19Section 56. 77.88 (2) (d) 2. of the statutes is renumbered 77.88 (2) (ac) 2.
SB434,57 20Section 57. 77.88 (2) (e) of the statutes is repealed.
SB434,58 21Section 58. 77.88 (2) (f) of the statutes is renumbered 77.88 (2) (ac) 3. and
22amended to read:
SB434,20,323 77.88 (2) (ac) 3. If the transferee does not provide the department with the
24certification required under par. (e) subd. 1., the department shall issue an order
25withdrawing the land and shall assess against the transferee the withdrawal tax

1under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90,
2the transferee is not entitled to a hearing on an order withdrawing land under this
3paragraph subdivision.
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