SB913,7,95 77.82 (1) (c) In addition to the requirements under pars. (a) and, (ag), and (b),
6for land subject to an application under sub. (4m), all forest croplands owned by the
7applicant on the date on which the application is filed that are located in the
8municipality or municipalities for which the application is filed shall be included in
9the application.
SB913,10 10Section 10. 77.82 (3) (h) of the statutes is created to read:
SB913,7,1211 77.82 (3) (h) 1. Under this paragraph, “large ownership” means 1,000 or more
12acres of land designated as managed forest land that has the same owner.
SB913,7,1513 2. The department may promulgate rules that subject large ownerships to
14management plan requirements that deviate from the requirements under pars. (ag)
15to (g).
SB913,11 16Section 11. 77.82 (4) of the statutes is amended to read:
SB913,8,817 77.82 (4) Additions to managed forest land. An owner of land that is
18designated as managed forest land may file an application with the department to
19designate as managed forest land an additional parcel of land if the additional parcel
20is at least 3 acres in size and is contiguous to any of that designated land or is not
21contiguous to that designated land but meets the requirements under sub.
(1) (ag).
22The application shall be accompanied by a nonrefundable $20 application recording
23fee unless a different amount for the fee is established by the department by rule at
24an amount equal to the average expense to the department of recording an order
25issued under this subchapter. The fee shall be deposited in the conservation fund and

1credited to the appropriation under s. 20.370 (2) (cr). The application shall be filed
2on a department form and shall contain any additional information required by the
3department. The tax rate applicable to an addition under this subsection shall be
4the tax rate currently applicable to the parcel managed forest land order to which the
5land is being added. Except for the minimum acreage requirements under sub. (1)
6(ag) 1. b. that apply to a noncontiguous addition, the eligibility requirements
7applicable to an addition under this subsection are the eligibility requirements
8under the order that designated the parcel to which the land is being added.
SB913,12 9Section 12. 77.82 (11) of the statutes is renumbered 77.82 (11) (a) and
10amended to read:
SB913,8,1711 77.82 (11) (a) An order issued under this subchapter shall constitute a contract
12between the state and the owner and shall remain in effect for the period specified
13in the application unless the land is withdrawn under s. 77.84 (3) (b) or 77.88. Except
14as provided in subs. (3) (f) and (11m), the department may not amend or otherwise
15change the terms of an order or management plan to conform with changes made to
16any provision of this subchapter subsequent to the date on which the order was
17entered or the plan was approved.
SB913,9,4 18(b) If a statute is enacted or a rule is promulgated during the period of the order
19that materially changes the terms of the order as provided under this paragraph, 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. A statutory change does not constitute a material change to an order unless,
23in the act that makes the change, the legislature states that the act or a provision
24in the act makes a material change to orders entered into under prior law. A
25promulgated rule does not constitute a material change to an order unless the rule

1includes a statement that the rule constitutes a material change to orders entered
2into under prior rules and the department includes in its report to the legislature
3under s. 227.19 (2) a statement that the rule constitutes a material change to orders
4entered into under prior rules and an analysis of this determination.
SB913,13 5Section 13. 77.83 (2) (ar) of the statutes is repealed.
SB913,14 6Section 14. 77.86 (1) (am) of the statutes is created to read:
SB913,9,107 77.86 (1) (am) Except as provided under sub. (6), no person may cut
8merchantable timber on managed forest land in a manner that is contrary to an
9approved management plan under s. 77.82 (3) or an approved notice of intent to cut
10under par. (b).
SB913,15 11Section 15. 77.88 (2) (ac) 1. of the statutes is amended to read:
SB913,9,2412 77.88 (2) (ac) 1. If the land transferred under par. (a) meets the eligibility
13requirements under s. 77.82 (1) (a) and, (ag), and (b), the land shall continue to be
14designated as managed forest land if the transferee, within 30 days after a transfer
15of ownership, files a form provided by the department signed by the transferee. By
16signing the form, the transferee certifies to the department an intent to comply with
17the existing management plan for the land and any amendments to the plan. The
18transferee shall provide proof that each person holding any encumbrance on the land
19agrees to the designation. The transferee may designate an area of the transferred
20land closed to public access as provided under s. 77.83. The department shall issue
21an order continuing the designation of the land as managed forest land under the
22new ownership. The transferee shall pay a $100 fee that will accompany the report.
23The fee shall be deposited in the conservation fund. Twenty dollars of the fee or a
24different amount of the fee as may be established under subd. 2. shall be credited to

1the appropriation under s. 20.370 (2) (cr). The department shall immediately notify
2each person entitled to notice under s. 77.82 (8).
SB913,16 3Section 16. 77.88 (2) (am) of the statutes is amended to read:
SB913,10,84 77.88 (2) (am) Transferred land; requirements not met. If the land transferred
5under par. (a) does not meet the eligibility requirements under s. 77.82 (1) (a) and,
6(ag), and
(b), the department shall issue an order withdrawing the land from
7managed forest land designation and shall may assess against the owner a
8withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).
SB913,17 9Section 17. 77.88 (2) (b) of the statutes is amended to read:
SB913,10,1310 77.88 (2) (b) Remaining land; requirements met. If the land remaining after
11a transfer under par. (a) meets the eligibility requirements under s. 77.82 (1) (a) and,
12(ag), and
(b), the remaining land shall continue to be designated as managed forest
13land.
SB913,18 14Section 18. 77.88 (2) (c) of the statutes is amended to read:
SB913,10,2015 77.88 (2) (c) Remaining land; requirements not met. If the land remaining after
16a transfer under par. (a) does not meet the eligibility requirements under s. 77.82 (1)
17(a) and, (ag), and (b), the department shall issue an order withdrawing the land and
18shall may assess against the owner the withdrawal tax under sub. (5) and the
19withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the owner is not entitled
20to a hearing on an order withdrawing land under this paragraph.
SB913,19 21Section 19. 77.88 (2) (d) of the statutes is created to read:
SB913,10,2522 77.88 (2) (d) Transfer of unenrolled land. If the owner of a tract of land under
23s. 77.82 (1) (ag) 1. b. sells or otherwise transfers land within the tract that is not
24subject to a managed forest land order, the transferee shall notify the department of
25the transfer.
SB913,20
1Section 20. 77.88 (3) (am) of the statutes is amended to read:
SB913,11,52 77.88 (3) (am) Entire parcels. Upon request of an owner of managed forest land
3to withdraw an entire parcel of managed forest land, the department shall issue an
4order withdrawing the land and shall assess against the owner the withdrawal tax
5under sub. (5) and the withdrawal fee under sub. (5m)
.
SB913,21 6Section 21. 77.88 (3) (b) (intro.) of the statutes is amended to read:
SB913,11,117 77.88 (3) (b) Parts of parcels. (intro.) Upon request of an owner of managed
8forest land to withdraw part of a parcel of managed forest land, the department shall
9issue an order withdrawing the land subject to the request and shall assess against
10the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m)

11if all of the following apply:
SB913,22 12Section 22. 77.88 (3j) (title) of the statutes is amended to read:
SB913,11,1413 77.88 (3j) (title) Voluntary withdrawal; other construction; small land
14sales
.
SB913,23 15Section 23. 77.88 (3j) (a) 1. of the statutes is amended to read:
SB913,11,1716 77.88 (3j) (a) 1. The purpose for which the owner requests that the department
17withdraw the land is for the sale of the land or for a construction site.
SB913,24 18Section 24. 77.88 (3j) (a) 4. of the statutes is amended to read:
SB913,11,2019 77.88 (3j) (a) 4. The land remaining after withdrawal meets the eligibility
20requirements under s. 77.82 (1) (a) and, (ag), and (b).
SB913,25 21Section 25. 77.88 (3k) of the statutes is renumbered 77.88 (3k) (intro.) and
22amended to read:
SB913,12,723 77.88 (3k) Voluntary withdrawal; productivity. (intro.) Upon the request of
24an owner of managed forest land to withdraw part of a parcel of the owner's land, the
25department shall issue an order of withdrawal if the department determines that the

1parcel is unable to produce merchantable timber in the amount required under s.
277.82 (1) (a) 2. or (ag) 2. The order shall withdraw only the number of acres that is
3necessary for the parcel to resume its ability to produce the required amount.
No
4withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed.
5The order shall withdraw only the number of acres that is necessary for the parcel
6to resume its ability to produce the required amount, except that all of the following
7apply:
SB913,26 8Section 26. 77.88 (3k) (a) and (b) of the statutes are created to read:
SB913,12,119 77.88 (3k) (a) If the land remaining in the parcel after the requested
10withdrawal does not meet the eligibility requirements under the order designating
11the managed forest land, the withdrawal order shall withdraw the entire parcel.
SB913,12,1512 (b) If the land subject to a managed forest land order after the requested
13withdrawal does not meet the eligibility requirements under that managed forest
14land order, the withdrawal order shall withdraw all land under that managed forest
15land order.
SB913,27 16Section 27. 77.88 (3L) of the statutes is amended to read:
SB913,13,217 77.88 (3L) Voluntary withdrawal; sustainability. Upon the request of an
18owner of managed forest land to withdraw part of a parcel of the owner's land, the
19department shall issue an order of withdrawal if the department determines that the
20parcel is unsuitable, due to environmental, ecological, or economic concerns or
21factors, for the production of merchantable timber. The order shall withdraw only
22the number of acres that is necessary for the parcel to resume its sustainability to
23produce merchantable timber.
No withdrawal tax under sub. (5) or withdrawal fee
24under sub. (5m) may be assessed. The order shall withdraw only the number of acres

1that is necessary for the parcel to resume its sustainability to produce merchantable
2timber, except that all of the following apply:
SB913,28 3Section 28. 77.88 (3L) (a) and (b) of the statutes are created to read:
SB913,13,64 77.88 (3L) (a) If the land remaining in the parcel after the requested
5withdrawal does not meet the eligibility requirements under the order designating
6the managed forest land, the withdrawal order shall withdraw the entire parcel.
SB913,13,107 (b) If the land subject to a managed forest land order after the requested
8withdrawal does not meet the eligibility requirements under that managed forest
9land order, the withdrawal order shall withdraw all land under that managed forest
10land order.
SB913,29 11Section 29. 77.88 (8) (a) 4. of the statutes is created to read:
SB913,13,1412 77.88 (8) (a) 4. Transfers ownership of managed forest land for a public purpose
13to a city, village, town, or county that is a taxing jurisdiction, as defined under s.
1470.114 (1) (f), for the land.
SB913,30 15Section 30. 77.88 (8) (b) of the statutes is amended to read:
SB913,13,1916 77.88 (8) (b) The department may not order withdrawal of land remaining after
17a transfer of ownership is made under par. (a) 1., 2., or 3. or after a lease is entered
18into under par. (a) 3. unless the remainder fails to meet the eligibility requirements
19under s. 77.82 (1).
SB913,31 20Section 31. Initial applicability.
SB913,13,2321 (1) Buildings on parcels. The treatment of s. 77.82 (1) (bp) 1. a. and 4. first
22applies to land designated as managed forest land under an order issued or renewed
23on April 16, 2016.
SB913,14,2
1(2) Material change. The treatment of s. 77.82 (11) first applies to a statutory
2change or a rule change that takes effect on the effective date of this subsection.
SB913,14,33 (End)
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