Subch. VI of ch. 77 Cross-reference
Cross-reference: See also ch.
NR 46, Wis. adm. code.
77.80
77.80
Purpose. The purpose of this subchapter is to encourage the management of private forest lands for the production of future forest crops for commercial use through sound forestry practices, recognizing the objectives of individual property owners, compatible recreational uses, watershed protection, development of wildlife habitat and accessibility of private property to the public for recreational purposes.
77.80 History
History: 1985 a. 29.
77.81
77.81
Definitions. In this subchapter:
77.81(1)
(1) "Department" means the department of natural resources.
77.81(2)
(2) "Forestry" means managing forest lands and their related resources, including trees and other plants, animals, soil, water and air.
77.81(2m)
(2m) "Independent certified plan writer" means a plan writer certified by the department but who is not acting under contract with the department under
s. 77.82 (3) (g).
77.81(3)
(3) "Merchantable timber" means standing trees which, because of their size and quality, are salable.
77.81(4)
(4) "Municipality" means a town, village, or city.
77.81(5)
(5) "Nonprofit organization" means a nonprofit corporation, a charitable trust, or other nonprofit association that is described in section
501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
77.81(6)
(6) "Recreational activities" include hunting, fishing, hiking, sight-seeing, cross-country skiing, horseback riding, and staying in cabins.
77.82
77.82
Managed forest land; application. 77.82(1)(a)(a) A parcel of land is eligible for designation as managed forest land only if it fulfills the following requirements:
77.82(1)(a)1.
1. It consists of at least 10 contiguous acres, except as provided in this subdivision. The fact that a lake, river, stream or flowage, a public or private road or a railroad or utility right-of-way separates any part of the land from any other part does not render a parcel of land noncontiguous. If a part of a parcel of at least 10 contiguous acres is separated from another part of that parcel by a public road, that part of the parcel may be enrolled in the program, even if that part is less than 10 acres, if that part meets the requirement under
subd. 2. and is not ineligible under
par. (b).
77.82(1)(a)2.
2. At least 80% of the parcel must be producing or capable of producing a minimum of 20 cubic feet of merchantable timber per acre per year.
77.82(1)(b)
(b) The following land is not eligible for designation as managed forest land:
77.82(1)(b)1.
1. A parcel of which more than 20% consists of land that is unsuitable for producing merchantable timber, including water, marsh, muskeg, bog, rock outcrops, sand dunes, farmland, roadway or railroad and utility rights-of-way.
77.82(1)(b)2.
2. A parcel that is developed for commercial recreation, for industry or for any other use determined by the department to be incompatible with the practice of forestry.
77.82(1)(b)3.
3. A parcel that is developed for a human residence.
77.82(1)(bn)
(bn) For purposes of
par. (b) 3., the department by rule shall define "human residence" to include a residence of the applicant regardless of whether it is the applicant's primary residence. The definition may also include up to one acre surrounding the residence for a residence that is not the applicant's primary residence.
77.82(1)(c)
(c) In addition to the requirements under
pars. (a) and
(b), for land subject to an application under
sub. (4m), all forest croplands owned by the applicant on the date on which the application is filed that are located in the municipality or municipalities for which the application is filed shall be included in the application.
77.82(2)
(2) Application. Any owner of land may file an application with the department to designate any eligible parcel of land as managed forest land. An application may include any number of eligible parcels under the same ownership. Each application shall include all of the following:
77.82(2)(b)
(b) The legal description or the location and acreage of each parcel of land.
77.82(2)(c)
(c) The legal description of the area in which the parcel is located.
77.82(2)(cm)
(cm) A copy of an instrument that has been recorded in the office of the register of deeds of each county in which the property is located that shows the ownership of the land subject to the application.
77.82(2)(d)
(d) A description of the physical characteristics of the land, in sufficient detail to enable the department to determine if it meets the eligibility requirements under
sub. (1).
77.82(2)(e)
(e) A statement of the owner's forest management objectives for the production of merchantable timber, in sufficient detail to provide direction for the approval of the proposed management plan. The application may also state additional forest management objectives, which may include wildlife habitat management, aesthetic considerations, watershed management and recreational use.
Effective date note
NOTE: Par. (e) is shown as amended eff. 6-1-11 by
2009 Wis. Act 365. Prior to 6-1-11 it reads:
Effective date text
(e) A statement of the owner's forest management objectives for the production of merchantable timber, in sufficient detail to provide direction for the development and approval of a management plan. The application may also state additional forest management objectives, which may include wildlife habitat management, aesthetic considerations, watershed management and recreational use.
77.82(2)(f)
(f) Proof that each person holding any encumbrance on the land agrees that the application may be filed.
77.82(2)(g)
(g) A map, diagram or aerial photograph showing the location and acreage of any area that will be designated as closed to the public under
s. 77.83.
77.82(2)(h)
(h) Whether the land will be designated as managed forest land for 25 or 50 years.
77.82(2)(i)
(i) If a proposed management plan is not filed with the application, a request that the department prepare a management plan. The department may decline to prepare the plan.
77.82(2m)
(2m) Fees for applications and management plans. 77.82(2m)(a)(a) An application under
sub. (2),
(4m), or
(12) shall be accompanied by a nonrefundable application recording fee of $20 unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department for recording an order issued under this subchapter.
77.82(2m)(ac)
(ac) If the department prepares a management plan under
sub. (3) (am), the department shall collect from the applicant the management plan fee established under
par. (am).
77.82(2m)(ag)
(ag) If a proposed management plan accompanying an application filed under
sub. (2),
(4m), or
(12) is not approved by the department under its initial review under
sub. (3) (ar), and if the department agrees to complete the proposed management plan under
sub. (3) (ar), the department shall collect from the applicant the management plan fee established under
par. (am).
77.82(2m)(am)
(am) The department shall by rule establish on an annual basis a nonrefundable fee that the department shall charge for a management plan prepared or completed by the department. The fee shall be based on the comparable commercial market rate that is charged for preparation of such management plans.
77.82(2m)(c)
(c) A proposed management plan is exempt from the management plan fee under
par. (ag) if it is prepared or completed by an independent certified plan writer instead of by the department.
77.82(2m)(dm)1.1. Of each management plan fee, $300 or the entire fee, whichever is less, that is collected under
par. (ag) shall be credited to the appropriation under
s. 20.370 (1) (cx).
77.82(2m)(dm)2.
2. Any amount not credited to the appropriation under
s. 20.370 (1) (cx), as calculated in
subd. 1., shall be deposited into the conservation fund for forestry purposes.
Effective date note
NOTE: Sub. (2m) is shown as affected eff. 6-1-11 by
2009 Wis. Act 365. Prior to 6-1-11 it reads:
Effective date text
(2m) Fees for applications and management plans. (a) 1. An application under sub. (2), (4m), or (12) shall be accompanied by a nonrefundable application recording fee of $20 unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department for recording an order issued under this subchapter.
Effective date text
2. If an application under sub. (2), (4m), or (12) is not accompanied by a proposed management plan that meets the requirements under par. (c), the department shall charge the plan preparation fee established under par. (am) if the department agrees to complete the plan.
Effective date text
(am) The department shall by rule establish on an annual basis a nonrefundable fee that the department shall charge for a management plan prepared by the department, including any plan prepared by a certified plan writer contracted by the department under sub. (3) (g). The fee shall be based on the comparable commercial market rate that is charged for preparation of such management plans.
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(c) A proposed management plan is exempt from the plan preparation fee under par. (a) 2. if it is prepared by an independent certified plan writer.
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(d) All of the recording fees collected under par. (a) 1. shall be credited to the appropriation under s. 20.370 (1) (cr).
Effective date text
(dm) 1. Of each fee $300 or the entire fee, whichever is less, that is collected under par. (a) or (e) that is not credited to the appropriation under s. 20.370 (1) (cr) shall be credited to the appropriation under s. 20.370 (1) (cx).
Effective date text
2. Any amount not credited to the appropriation under s. 20.370 (1) (cx), as calculated in subd. 1., shall be deposited into the conservation fund for forestry purposes.
Effective date text
(e) If a proposed management plan accompanying an application filed under sub. (2), (4m), or (12) is not approved by the department under its initial review under sub. (3) (a), and if the department agrees to complete the management plan under sub. (3) (a), the department shall collect from the applicant the plan preparation fee established under par. (am) if the applicant has not previously paid the fee.
77.82(3)(ag)(ag) A proposed management plan shall cover the entire acreage of each parcel subject to the application and shall be prepared by an independent certified plan writer or by the department if
par. (am) applies.
77.82(3)(am)
(am) If the department determines that an applicant is not able to have a proposed management plan prepared by a certified independent plan writer, the department shall prepare the plan. The department shall promulgate rules establishing the criteria that shall be met in order to determine that an applicant is unable to prepare such a plan.
77.82(3)(ar)
(ar) For a proposed management plan prepared by an independent certified plan writer, the department, after considering the owner's forest management objectives as stated under
sub. (2) (e), shall review and either approve or disapprove the proposed management plan. If the department disapproves the proposed plan, it shall inform the applicant of the changes necessary to qualify the plan for approval upon subsequent review. At the request of the applicant, the department may agree to complete the proposed management plan.
77.82(3)(c)
(c) To qualify for approval, a management plan shall include all of the following:
77.82(3)(c)2.
2. The legal description of the parcel or of the area in which the parcel is located.
77.82(3)(c)3.
3. A statement of the owner's forest management objectives.
77.82(3)(c)4.
4. A map, diagram or aerial photograph which identifies both forested and unforested areas of the land, using conventional map symbols indicating the species, size and density of vegetation and the other major features of the land.
77.82(3)(c)5.
5. A map, diagram or aerial photograph which identifies the areas designated as open and closed under
s. 77.83.
77.82(3)(c)6.
6. A description of the forestry practices, including harvesting, thinning and reforestation, that will be undertaken during the term of the order, specifying the period of time in which each will be completed.
77.82(3)(c)7.
7. A description of soil conservation practices that may be necessary to control any soil erosion that may result from the forestry practices specified under
subd. 6.
77.82(3)(d)
(d) The management plan may also specify activities that will be undertaken for the management of forest resources other than trees, including wildlife habitat, watersheds and aesthetic features.
77.82(3)(e)
(e) A management plan shall contain a statement that the owner agrees to comply with all of its terms and with the conditions of this subchapter and shall be signed by the owner and a representative of the department.
77.82(3)(f)
(f) An owner and the department may mutually agree to amend a management plan.
77.82(3)(g)
(g) The department shall certify plan writers and shall promulgate rules specifying the qualifications that a person must satisfy to become a certified plan writer. For management plans prepared or completed by the department under this subsection, the department may contract with plan writers certified by the department to prepare and complete these plans.
Effective date note
NOTE: Sub. (3) is shown as affected eff. 6-1-11 by
2009 Wis. Act 365. Prior to 6-1-11 it reads:
Effective date text
(3) Management plan. (a) A proposed management plan shall cover the entire acreage of each parcel subject to the application. The department, after considering the owner's forest management objectives as stated under sub. (2) (e), shall review and either approve or disapprove the proposed management plan. If the department disapproves the plan, it shall inform the applicant of the changes necessary to qualify the plan for approval upon subsequent review. At the request of the applicant, the department may agree to complete the proposed management plan that has been prepared by an independent certified plan writer. The department shall complete any proposed management plan prepared by the department.
Effective date text
(c) To qualify for approval, a management plan shall be prepared by an independent certified plan writer or prepared by the department and shall include all of the following:
Effective date text
1. The name and address of each owner of the land.
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2. The legal description of the parcel or of the area in which the parcel is located.
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3. A statement of the owner's forest management objectives.
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4. A map, diagram or aerial photograph which identifies both forested and unforested areas of the land, using conventional map symbols indicating the species, size and density of vegetation and the other major features of the land.
Effective date text
5. A map, diagram or aerial photograph which identifies the areas designated as open and closed under s. 77.83.
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6. A description of the forestry practices, including harvesting, thinning and reforestation, that will be undertaken during the term of the order, specifying the period of time in which each will be completed.
Effective date text
7. A description of soil conservation practices that may be necessary to control any soil erosion that may result from the forestry practices specified under subd. 6.
Effective date text
(d) The management plan may also specify activities that will be undertaken for the management of forest resources other than trees, including wildlife habitat, watersheds and aesthetic features.
Effective date text
(e) A management plan shall contain a statement that the owner agrees to comply with all of its terms and with the conditions of this subchapter and shall be signed by the owner and a representative of the department.
Effective date text
(f) An owner and the department may mutually agree to amend a management plan.
Effective date text
(g) The department shall certify plan writers and shall promulgate rules specifying the qualifications that a person must satisfy to become a certified plan writer. For management plans prepared by the department under this subsection, the department may contract with plan writers certified by the department to prepare and complete these plans.
77.82(4)
(4) Additions to managed forest land. An owner of land that is designated as managed forest land under an order that takes effect on or after April 28, 2004, may file an application with the department to designate as managed forest land an additional parcel of land if the additional parcel is at least 3 acres in size and is contiguous to any of that designated land. The application shall be accompanied by a nonrefundable $20 application recording fee unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter. The fee shall be deposited in the conservation fund and credited to the appropriation under
s. 20.370 (1) (cr). The application shall be filed on a department form and shall contain any additional information required by the department.
