SB434: Bill Text

SB434,13,22 77.82 (11) Duration; effect of changes. An order issued under this subchapter remains shall constitute a contract between the state and the owner and shall remain in effect for the period specified in the application unless the land is withdrawn under s. 77.84 (3) (b) or 77.88. An amendment to or repeal of this subchapter does not affect the terms of an order or management plan, except as expressly agreed to in writing by the owner and the department and except Except as provided in sub. subs. (3) (f) and (11m), the department may not amend or otherwise change the terms of an order or management plan to conform with changes made to any provision of this subchapter subsequent to the date on which the order was entered or the plan was approved. If a statute is enacted or a rule is promulgated during the period of the order that materially changes the terms of the order, the landowner shall elect between acceptance of modifications to the contract consistent with the provisions of the statute or rule or voluntary withdrawal of the land without penalty.

SB434,27 Section 27. 77.82 (12) of the statutes is renumbered 77.82 (12) (a) (intro.) and amended to read:

SB434,14,7 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 applies:

SB434,14,8 1. The land fails to meet the eligibility requirements under sub. (1), if the.

SB434,14,10 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.

SB434,14,11 7. There are delinquent taxes on the land.

SB434,14,13 (b) If the application is denied, the department shall state the reason for the denial in writing.

SB434,28 Section 28. 77.82 (12) (a) 2. of the statutes is created to read:

SB434,14,17 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.

SB434,29 Section 29. 77.82 (12) (a) 4. of the statutes is created to read:

SB434,14,22 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.

SB434,30 Section 30. 77.82 (12) (a) 5. of the statutes is created to read:

SB434,15,2 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.

SB434,31 Section 31. 77.82 (12) (a) 6. of the statutes is created to read:

SB434,15,7 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.

SB434,32 Section 32. 77.83 (1) (a) (intro.) of the statutes is renumbered 77.83 (1) (a) and amended to read:

SB434,15,11 77.83 (1) (a) An owner may designate land subject to a managed forest land order as closed to public access. The closed area may consist of either:

SB434,33 Section 33. 77.83 (1) (a) 1. and 2. of the statutes are repealed.

SB434,34 Section 34. 77.83 (1) (am) of the statutes is created to read:

SB434,15,16 77.83 (1) (am) Notwithstanding par. (a), not more than 160 acres owned by any business entity, as defined in s. 13.62 (5), may be designated as closed managed forest land in each municipality.

SB434,35 Section 35. 77.83 (1) (b) 1. of the statutes is amended to read:

SB434,15,19 77.83 (1) (b) 1. The addition does not result in increasing the closed portion of the land to an area greater than that permitted under par. (a) (am).

SB434,36 Section 36. 77.83 (1) (d) of the statutes is created to read:

SB434,15,23 77.83 (1) (d) An owner of land designated as closed under par. (a) may permit a person who performs land management activities on the land to access the land to conduct recreational activities.

SB434,37 Section 37. 77.86 (1) (b) 2. of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 77.86 (1) (b) 2. (intro.) and amended to read:

SB434,16,8 77.86 (1) (b) 2. (intro.) An owner who is required under the terms of an approved management plan to cut merchantable timber on managed forest land is not required to obtain approval of the cutting of that timber before the cutting takes place if a cooperating forester authorized under s. 28.05 to assist the state in the harvesting and sale of timber, or a forester accredited by the Society of American Foresters, Association of Consulting Foresters, or Wisconsin Consulting Foresters, any of the following provided the required notice of intent to cut to the department under subd. 1.:

SB434,38 Section 38. 77.86 (1) (b) 2. a. of the statutes is created to read:

SB434,16,11 77.86 (1) (b) 2. a. A cooperating forester authorized under s. 28.05 to assist the state in the harvesting and sale of timber.

SB434,39 Section 39. 77.86 (1) (b) 2. b. of the statutes is created to read:

SB434,16,14 77.86 (1) (b) 2. b. A forester accredited by the Society of American Foresters, Association of Consulting Foresters, or Wisconsin Consulting Foresters.

SB434,40 Section 40. 77.86 (1) (b) 2. c. of the statutes is created to read:

SB434,16,19 77.86 (1) (b) 2. c. A person who holds at least a bachelor's degree from a forestry program provided by a nationally or regionally accredited institution of higher education and who has engaged in the equivalent of 5 years of full-time work preparing forest management plans or marking trees for cutting.

SB434,41 Section 41. 77.86 (1) (b) 2. d. of the statutes is created to read:

SB434,16,24 77.86 (1) (b) 2. d. A person who holds a degree or diploma from a 2-year forestry program provided by an accredited technical or vocational school and who has engaged in the equivalent of 5 years of full-time work preparing forest management plans or marking trees for cutting.

SB434,42 Section 42. 77.86 (1) (e) of the statutes is created to read:

SB434,17,2 77.86 (1) (e) The department shall not restrict an approved cutting based on standards established under s. 23.27 (3).

SB434,43 Section 43. 77.86 (1) (f) of the statutes is created to read:

SB434,17,6 77.86 (1) (f) The department shall notify the person who filed the notice of intention to cut by certified letter or electronic mail no later than the end of the next business day of the department's decision to approve or deny a cutting notice.

SB434,44 Section 44. 77.86 (2) of the statutes is repealed.

SB434,45 Section 45. 77.87 of the statutes is repealed.

SB434,46 Section 46. 77.88 (2) (a) (title) of the statutes is created to read:

SB434,17,10 77.88 (2) (a) (title) Authority to transfer.

SB434,47 Section 47. 77.88 (2) (a) (intro.) of the statutes is renumbered 77.88 (2) (a) and amended to read:

SB434,17,15 77.88 (2) (a) Except as provided in par. (am), an An owner may sell or otherwise transfer ownership of all or part of a parcel of the owner's managed forest land if the land transferred is one of the following:.

SB434,48 Section 48. 77.88 (2) (a) 1. of the statutes is repealed.

SB434,49 Section 49. 77.88 (2) (a) 2. of the statutes is renumbered 77.88 (3) (b) 1. a. and amended to read:

SB434,17,20 77.88 (3) (b) 1. a. All of an the owner's managed forest land within a quarter quarter quarter-quarter section.

SB434,50 Section 50. 77.88 (2) (a) 3. of the statutes is renumbered 77.88 (3) (b) 1. b. and amended to read:

SB434,17,24 77.88 (3) (b) 1. b. All of an the owner's managed forest land within a government lot or fractional lot as determined by the U.S. government survey plat.

SB434,51 Section 51. 77.88 (2) (ac) (title) of the statutes is created to read:

SB434,18,1 77.88 (2) (ac) (title) Transferred land; requirements met.

SB434,52 Section 52. 77.88 (2) (am) of the statutes is amended to read:

SB434,18,7 77.88 (2) (am) Transferred land; requirements not met. If the land transferred under par. (a) does not meet the eligibility requirements under s. 77.82 (1) (a) and (b), the department shall issue an order withdrawing the land from managed forest land designation and shall assess against the owner a withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).

SB434,53 Section 53. 77.88 (2) (b) of the statutes is amended to read:

SB434,18,17 77.88 (2) (b) Remaining land; requirements met. If the land remaining after a transfer under par. (a) is contiguous and meets the eligibility requirements under s. 77.82 (1) (a) 2. and (b), it the remaining land shall continue to be designated as managed forest land until the expiration of the existing order, even if the parcel contains less than 10 acres. Notwithstanding s. 77.82 (12), an owner may not file an application with the department for renewal of the order if the parcel contains less than 10 acres. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed when the remaining land is withdrawn at the expiration of the order.

SB434,54 Section 54. 77.88 (2) (c) of the statutes is amended to read:

SB434,18,24 77.88 (2) (c) Remaining land; requirements not met. If the remaining land remaining after a transfer under par. (a) does not meet the eligibility requirements under s. 77.82 (1) (a) 2. and (b), the department shall issue an order withdrawing the land and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the owner is not entitled to a hearing on an order withdrawing land under this paragraph.

SB434,55 Section 55. 77.88 (2) (d) 1. of the statutes is renumbered 77.88 (2) (ac) 1. and amended to read:

SB434,19,18 77.88 (2) (ac) 1. Within If the land transferred under par. (a) meets the eligibility requirements under s. 77.82 (1) (a) and (b), the land shall continue to be designated as managed forest land if the transferee, within 30 days after a transfer of ownership, the transferee shall, on files a form provided by the department, file with the department a report of the transfer signed by the transferee. By signing the form, the transferee certifies to the department an intent to comply with the existing management plan for the land and any amendments to the plan. The transferee shall provide proof that each person holding any encumbrance on the land agrees to the designation. The transferee may designate an area of the transferred land closed to public access as provided under s. 77.83. The department shall issue an order continuing the designation of the land as managed forest land under the new ownership. The transferee shall pay a $100 fee that will accompany the report. The fee shall be deposited in the conservation fund. Twenty dollars of the fee or a different amount of the fee as may be established under subd. 2. shall be credited to the appropriation under s. 20.370 (1) (cr). The department shall immediately notify each person entitled to notice under s. 77.82 (8).

SB434,56 Section 56. 77.88 (2) (d) 2. of the statutes is renumbered 77.88 (2) (ac) 2.

SB434,57 Section 57. 77.88 (2) (e) of the statutes is repealed.

SB434,58 Section 58. 77.88 (2) (f) of the statutes is renumbered 77.88 (2) (ac) 3. and amended to read:

SB434,20,3 77.88 (2) (ac) 3. If the transferee does not provide the department with the certification required under par. (e) subd. 1., the department shall issue an order withdrawing the land and shall assess against the transferee the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the transferee is not entitled to a hearing on an order withdrawing land under this paragraph subdivision.

SB434,59 Section 59. 77.88 (2m) of the statutes is created to read:

SB434,20,9 77.88 (2m) Damage to land. (a) If a parcel of managed forest land has been damaged by a natural disaster, the owner of the parcel may notify the department, and the department shall establish a period of time that the owner of the parcel will have to restore the productivity of the land so that it meets the requirements under s. 77.82 (1) (a) 2.

SB434,20,13 (b) If the owner fails to complete the restoration in the applicable period of time, the owner may request that the department withdraw all or part of the land in accordance with sub. (3), (3k), or (3L), or the department may proceed with a withdrawal by department order under sub. (1).

SB434,20,16 (c) The department may promulgate a rule that establishes criteria to be used by the department for determining the length of time that an owner shall have to complete the restoration.

SB434,60 Section 60. 77.88 (3) (title) of the statutes is amended to read:

SB434,20,18 77.88 (3) (title) Voluntary withdrawal ; total or partial.

SB434,61 Section 61. 77.88 (3) of the statutes is renumbered 77.88 (3) (b) (intro.) and amended to read:

SB434,21,4 77.88 (3) (b) Parts of parcels. (intro.) An owner may Upon request that the department withdraw all or any of an owner of managed forest land to withdraw part of the owner's land meeting one of the requirements specified under sub. (2) (a) 1. to 3. If any remaining land meets the eligibility requirements under s. 77.82 (1) a parcel of managed forest land, the department shall issue an order withdrawing the land subject to the request and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). If the land being withdrawn is within a proposed ferrous mining site, the department shall issue the order within 30 days after receiving the request. if all of the following apply:

SB434,62 Section 62. 77.88 (3) (am) of the statutes is created to read:

SB434,21,8 77.88 (3) (am) Entire parcels. Upon request of an owner of managed forest land to withdraw an entire parcel of managed forest land, the department shall issue an order withdrawing the land.

SB434,63 Section 63. 77.88 (3) (b) 1. (intro.) and 2. of the statutes are created to read:

SB434,21,10 77.88 (3) (b) 1. (intro.) The land to be withdrawn is one of the following:

SB434,21,12 2. The land remaining after the withdrawal will continue to meet the eligibility requirements under s. 77.82 (1).

SB434,64 Section 64. 77.88 (3) (d) of the statutes is created to read:

SB434,21,16 77.88 (3) (d) Ferrous mining site. If the land being withdrawn under this subsection is within a proposed ferrous mining site, the department shall issue the order within 30 days after receiving the request.

SB434,65 Section 65. 77.88 (3g) of the statutes is repealed.

SB434,66 Section 66. 77.88 (3j) of the statutes is created to read:

SB434,21,22 77.88 (3j) Voluntary withdrawal; other construction; small land sales. (a) Except as provided in par. (b), upon the request of an owner of managed forest land to withdraw part of a parcel of the owner's land, the department shall issue an order withdrawing the land subject to the request if all of the following apply:

SB434,21,24 1. The purpose for which the owner requests that the department withdraw the land is for the sale of the land or for a construction site.

SB434,22,2 2. The land to be withdrawn is not less than one acre and not more than 5 acres. Partial acres may not be withdrawn.

SB434,22,5 3. If the land is subject to a city, village, town, or county zoning ordinance that establishes a minimum acreage for ownership of land or for a construction site, the owner requests that the department withdraw not less than that minimum acreage.

SB434,22,7 4. The land remaining after withdrawal meets the eligibility requirements under s. 77.82 (1) (a) and (b).

SB434,22,11 (b) 1. For land that is designated as managed forest land under an order with a term of 25 years, the department may not issue an order of withdrawal under par. (a) if the department has previously issued an order of withdrawal under par. (a) from that parcel of managed forest land during the term of the order.

SB434,22,15 2. For land that is designated as managed forest land under an order with a term of 50 years, the department may not issue an order of withdrawal under par. (a) if the department has previously issued 2 orders of withdrawal under par. (a) from that parcel of managed forest land during the term of the order.

SB434,22,18 (c) Upon issuance of an order withdrawing land under this subsection, the department shall assess against the owner of the land the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).

SB434,67 Section 67. 77.88 (3k) of the statutes is created to read: