AB402, s. 5
8Section
5. 77.81 (7) of the statutes is created to read:
AB402,7,99
77.81
(7) "Taxation district" has the meaning given under s. 70.114 (1) (e).
Note: Under s. 70.114 (1) (e), "taxation district" means a city, village or town,
except that, if a city or village lies in more than one county, the portions of that city or
village that lie within each county are separate taxation districts.
AB402, s. 6
10Section
6. 77.82 (3e) of the statutes is created to read:
AB402,7,1611
77.82
(3e) Large ownerships. (a) Notwithstanding the requirements for a
12proposed management plan under sub. (3), upon the request of an owner of managed
13forest land, the department may modify the requirements under sub. (3) (c) 4. to 7.
14for the owner's proposed managed forest plan if the owner's application for the
15designation of managed forest land under sub. (2) covers parcels of land totaling
16more than 1,000 acres and if the department considers all of the following:
AB402,7,1817
1. Whether the owner of the land covered by the application owns other land
18designated as managed forest land or owns other land entered as forest crop land.
AB402,7,2019
2. The number of counties in which the land covered by the application and any
20other land described in subd. 1. are located.
AB402,7,2221
3. Whether the owner of the land covered by the application has made the
22proposed management plan available to the department for review.
AB402,8,5
14. Whether, if requested by the department, the owner of the land covered by
2the application has agreed in writing to provide information from the proposed
3management plan, a description of the proposed management plan, and an outline
4of a procedure for updating and amending the proposed management plan, to the
5department for review or audit.
AB402,8,96
5. Whether the owner of the land covered by the application has demonstrated
7to the department that he or she has consistently been receptive to competent
8technical assistance from the department or from a technical advisor designated by
9the department.
AB402,8,1610
(b) 1. The department may not approve a proposed management plan as
11described under par. (a) unless the proposed management plan specifies an annual
12allowable timber harvest for the land covered by the proposed management plan.
13This paragraph does not apply to the approval of a proposed management plan that
14covers land that is prepared by an independent 3rd party who is certified by a
15recognized forestry organization that has expertise in the use of sustainable forestry
16practices.
AB402,8,1917
2. The department shall promulgate rules that establish an annual allowable
18timber harvest for managed forest land covered by a management plan approved by
19the department under this subsection.
Note: This Section shifts the contents of s. NR 46.18 (4), Wis. Adm. Code, relating
to modification of management plans, to the managed forest land subchapter of ch. 77,
stats. The Section also requires modified management plans to include the
establishment of an annual allowable harvest unless the lands are certified by an
independent third party.
AB402, s. 7
20Section
7. 77.82 (3m) of the statutes is created to read:
AB402,9,621
77.82
(3m) Group managed forest plans. Notwithstanding the requirements
22for management plans under sub. (3), the department may, upon request, authorize
12 or more owners of managed forest land to designate land to be covered by a group
2management plan if the total designated land proposed to be covered by the group
3management plan exceeds 1,000 acres. The department shall promulgate rules that
4establish criteria, substantially similar to the criteria under sub. (3e) (a) 1. to 5., that
5the department must consider before approving group management plans under this
6subsection.
AB402, s. 8
7Section
8. 77.82 (3r) of the statutes is created to read:
AB402,9,128
77.82
(3r) Timber harvests. If the department requires an owner of managed
9forest land covered by a management plan under sub. (3) or (3e), or requires owners
10of managed forest land covered by a group management plan under sub. (3m), to
11harvest particular timber from the land within a specified time period, the specified
12time period may not be a period of less than 3 years.
AB402, s. 9
13Section
9. 77.82 (4) (title) of the statutes is amended to read:
AB402,9,1414
77.82
(4) (title)
Additions
Additional designations to managed forest land.
AB402, s. 10
15Section
10. 77.82 (4) of the statutes is renumbered 77.82 (4) (a) and amended
16to read:
AB402,9,2217
77.82
(4) (a)
Orders on or after April 28, 2004. An owner of land that is
18designated as managed forest land under an order that takes effect on or after April
1928, 2004, may file an application with the department to designate as managed forest
20land an additional parcel of land if the additional parcel is at least 3 acres in size
and, 21is contiguous to any of that designated land
. The, and complies with the other
22requirements in sub. (1).
AB402,9,25
23(c) Fee; additional information. An application
under par. (a) or (b) shall be
24accompanied by a nonrefundable $20 application recording fee unless a different
25amount for the fee is established by the department by rule at an amount equal to
1the average expense to the department of recording an order issued under this
2subchapter. The fee shall be deposited in the conservation fund and credited to the
3appropriation under s. 20.370 (1) (cr). The application shall be filed on a department
4form and shall contain any additional information required by the department.
AB402, s. 11
5Section
11. 77.82 (4) (b) of the statutes is created to read:
AB402,10,146
77.82
(4) (b)
Orders before April 28, 2004. Beginning on the day after the
7effective date of this paragraph .... [LRB inserts date], an owner of land that is
8designated as managed forest land under an order that takes effect before April 28,
92004, may file an application with the department to designate as managed forest
10land an additional parcel of land if the additional parcel is at least 3 acres in size, is
11contiguous to any of that designated land, and complies with the other requirements
12in sub. (1). An additional parcel of land that is designated as managed forest land
13under this paragraph shall be subject to the taxes imposed under s. 77.84 (2) (am)
14and (bm).
AB402, s. 12
15Section
12. 77.82 (4g) (title) of the statutes is amended to read:
AB402,10,1716
77.82
(4g) (title)
Designation Grandfathered designations of additional
17managed forest land for certain owners.
AB402, s. 13
18Section
13. 77.82 (4g) (a) of the statutes is amended to read:
AB402,10,2519
77.82
(4g) (a) If an owner of land that is designated as managed forest land
20under an order that takes effect before April 28, 2004, wishes to have an additional
21parcel of land that is at least 10 acres in size and that satisfies the other requirements
22in sub. (1) designated as managed forest land, the owner may file an application with
23the department under sub. (2) for a new order covering the additional land.
An
24application may not be filed pursuant to this paragraph after the effective date of this
25paragraph .... [LRB inserts date].
AB402, s. 14
1Section
14. 77.82 (4g) (b) of the statutes is amended to read:
AB402,11,112
77.82
(4g) (b) If an owner of land that is designated as managed forest land
3under an order that takes effect before April 28, 2004, wishes to have designated as
4managed forest land an additional parcel of land that is at least 3 acres in size, that
5does not satisfy the requirements in sub. (1), and that is contiguous to any of that
6designated land, the owner may withdraw the designated land from the original
7order and may file an application with the department under sub. (2) for a new order
8covering both the withdrawn land and the additional land. The withdrawal tax and
9the withdrawal fee under s. 77.88 (5) and (5m) do not apply to a withdrawal under
10this paragraph.
An application may not be filed pursuant to this paragraph after the
11effective date of this paragraph .... [LRB inserts date].
AB402, s. 15
12Section
15. 77.82 (8) of the statutes is amended to read:
AB402,11,2113
77.82
(8) Order. If an application under sub. (2), (4m), or (12) is approved, the
14department shall issue an order designating the land as managed forest land for the
15time period specified in the application. If an application under sub. (4)
(a) or (b) is
16approved, the department shall amend the original order to include the additional
17parcel. The department shall provide the applicant with a copy of the order or
18amended order and shall also file a copy with the department of revenue, the
19supervisor of assessments, and the clerk of each municipality in which the land is
20located, and shall record the order with the register of deeds in each county in which
21the land is located.
AB402, s. 16
22Section
16. 77.83 (2) (am) of the statutes is repealed and recreated to read:
AB402,12,223
77.83
(2) (am) Each owner of managed forest land may enter into a lease, or
24other agreement for consideration, to allow the land to be used for any purpose,
25including engaging in one or more recreational activities on the land, if the use does
1not conflict with any forest management objective contained in the management
2plan for the land and does not conflict with any sound forestry practice.
AB402, s. 17
3Section
17. 77.83 (4) (b) of the statutes is amended to read:
AB402,12,74
77.83
(4) (b) Any person who
enters into a lease or agreement under sub. (2)
5(am) that fails to comply with sub. (2) (am) shall forfeit an amount equal to the total
6amount of consideration received by the person as a result of violating sub. (2) (am)
7or $500, whichever is greater.
AB402, s. 18
8Section
18. 77.84 (2) (am) of the statutes is amended to read:
AB402,12,149
77.84
(2) (am) For managed forest land orders that take effect on or after April
1028, 2004,
and before the effective date of this paragraph .... [LRB inserts date], each
11owner of managed forest land shall pay to each municipal treasurer, on or before
12January 31, an amount that is equal to 5 percent of the average statewide property
13tax per acre of property classified under s. 70.32 (2) (a) 6., as determined under par.
14(cm), for each acre of managed forest land.
AB402, s. 19
15Section
19. 77.84 (2) (bm) of the statutes is amended to read:
AB402,12,2216
77.84
(2) (bm) For managed forest land orders that take effect on or after April
1728, 2004,
and before the effective date of this paragraph .... [LRB inserts date], in
18addition to the payment under par. (am), each owner of managed forest land shall
19pay to each municipal treasurer, on or before January 31, an amount that is equal
20to 20 percent of the average statewide property tax per acre of property classified
21under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that is
22designated as closed under s. 77.83.
AB402, s. 20
23Section
20. 77.84 (2) (d) and (e) of the statutes are created to read:
AB402,13,224
77.84
(2) (d) Except as provided in par. (e), for managed forest land orders that
25take effect on or after the effective date of this paragraph .... [LRB inserts date], each
1owner of managed forest land shall pay to each municipal treasurer on or before
2January 31, an amount equal to the amount calculated under par. (am).
AB402,13,73
(e) For managed forest land orders that take effect on or after the effective date
4of this paragraph .... [LRB inserts date], each owner of managed forest land that is
5closed under s. 77.83 shall pay to each municipal treasurer on or before January 31,
6an amount equal to the greater of the sum of the amounts calculated under pars. (am)
7and (bm) or the sum of the following:
AB402,13,118
1. An amount equal to 5 percent of the full value of the managed forest land that
9is closed under s. 77.83, multiplied by the full value effective rate of taxation
10applicable to general property in the same taxation district as the managed forest
11land.
AB402,13,1512
2. An amount equal to 20 percent of the full value of the managed forest land
13that is closed under s. 77.83, multiplied by the full value effective rate of taxation
14applicable to general property in the same taxation district as the managed forest
15land.
Note: This Section modifies the calculation of acreage shares for closed acreage
under new managed forest land orders. Acreage that is open under new managed forest
land orders would remain subject to the same acreage shares that apply to orders that
take effect after April 28, 2004.
AB402, s. 21
16Section
21
. 77.86 (1) of the statutes is renumbered 77.86 (1m), and 77.86 (1m)
17(c), as renumbered, is amended to read:
AB402,14,218
77.86
(1m) (c) If the proposed cutting conforms to the management plan and
19is consistent with sound forestry practices, the department shall approve the
20request.
In determining whether a proposed cutting is consistent with sound forestry
21practices, the department may also consider, if consistent with the objectives of the
22owner, the effect of the proposed cutting on the management of forest resources, other
1than trees, including wildlife habitat, watersheds, aesthetics, and endangered and
2threatened plant and animal species.
AB402, s. 22
3Section
22. 77.86 (1g) of the statutes is created to read:
AB402,14,44
77.86
(1g) In this section:
AB402,14,55
(a) "Board" means the managed forest land review board.
AB402,14,96
(b) "Sound forestry practices" means forest cultural methods, including
7methods for timber cutting and for transporting timber, that the department
8determines are effective in propagating and improving the various timber types that
9are common in this state.
AB402, s. 23
10Section
23. 77.86 (3) of the statutes is amended to read:
AB402,14,1411
77.86
(3) Time limit. All cutting specified in the notice under sub.
(1) (1m) (b)
12shall be commenced within one year after the date the proposed cutting is approved.
13The owner shall report to the department the date on which the cutting is
14commenced.
AB402, s. 24
15Section
24. 77.86 (5) (a) of the statutes is amended to read:
AB402,14,1816
77.86
(5) (a) Any person who fails to file the notice required under sub.
(1) (1m) 17(b), who fails to file a report as required under sub. (4), or who files a false report
18under sub. (4) shall forfeit not more than $1,000.
AB402, s. 25
19Section
25
. 77.865 of the statutes is created to read:
AB402,14,20
2077.865 Review. (1) In this section:
AB402,14,2121
(a) "Board" means the managed forest land review board.
AB402,14,2222
(b) "Sound forestry practices" has the meaning given in s. 77.86 (1g) (b).
AB402,15,2
23(2) If the department decides that an owner of managed forest land is
24managing the land in a manner that the department determines is inconsistent with
1sound forestry practices, the owner may challenge that decision by requesting that
2the board review the decision.
AB402,15,5
3(3) An owner who requests review of a department decision under sub. (2) shall
4submit a written request to the board within 30 days after the date on which the
5owner receives notice of the department's decision.
AB402,15,12
6(4) Upon receiving a request from an owner under sub. (3), the board shall,
7within a reasonable time, review the department's decision, render an opinion on
8whether or not the owner's management of the managed forest land is consistent
9with sound forestry practices, and forward its opinion to the chief state forester. The
10chief state forester shall review the board's opinion and issue a decision, in writing,
11that states whether or not he or she concurs with the board's opinion. The chief state
12forester shall include in his or her decision sufficient facts to support the decision.
AB402,15,16
13(5) If the chief state forester decides, after considering the board's opinion
14under sub. (4), that the owner's management of the managed forest land is consistent
15with sound forestry practices, the department shall adopt the decision of the chief
16state forester as the department's decision on the issue.
AB402,15,19
17(6) An owner adversely affected by the decision of the chief state forester under
18sub. (5) shall have the right to a contested case hearing under s. 227.42 on the issues
19decided by the chief state forester.
AB402,15,22
20(7) The department shall promulgate rules that establish additional
21procedures, including filing, review, and decision deadlines, with regard to an
22owner's challenge of a department decision under this section.
Note: Section 1 creates the managed forest land review board in DNR and
specifies the membership of the board. Section
25 creates an optional procedure for MFL
owners who are dissatisfied with a DNR decision regarding the practice of sound forestry
to request review of the decision by the board. The board must review and decide upon
the issues in the request and issue an opinion for review by the chief state forester. The
chief state forester then determines whether to accept the board's recommendation and
must issue a decision in writing. DNR is required to promulgate rules regarding the
procedures for the board's review. An MFL owner retains the right to a contested case
hearing on the issues decided under this procedure by the chief state forester.
AB402, s. 26
1Section
26. 77.88 (5) (a) 1. and 2. and (b) 1. and 2. of the statutes are amended
2to read:
AB402,16,53
77.88
(5) (a) 1. An amount equal to the past tax liability multiplied by the
4number of years the land was designated as managed forest land, less any amounts
5paid by the owner under ss. 77.84 (2) (a)
and, (am)
, (d), and (e) 1. or 2., and 77.87.
AB402,16,86
2. Five percent of the stumpage value of the merchantable timber on the land,
7less any amounts paid by the owner under ss. 77.84 (2) (a)
and, (am)
, (d), and (e) 1.
8or 2., and 77.87.
AB402,16,119
(b) 1. An amount equal to the past tax liability multiplied by the number of
10years since the renewal, less any amounts paid by the owner under ss. 77.84 (2) (a)
11and, (am)
, (d), and (e) 1. or 2., and 77.87.
AB402,16,1412
2. Five percent of the stumpage value of the merchantable timber on the land,
13less any amounts paid by the owner under ss. 77.84 (2) (a)
and, (am)
, (d), and (e) 1.
14or 2., and 77.87.
Note: This Section updates cross-references used in the calculation of
withdrawal taxes.
AB402, s. 27
15Section
27. 77.89 (2) (b) of the statutes is amended to read:
AB402,17,216
77.89
(2) (b) The municipal treasurer shall pay
all 48 percent of the amounts
17received under s. 77.84 (2) (b)
and, (bm)
, and (e) 1. and 2. to the county treasurer, as
18provided under ss. 74.25 and 74.30. The county treasurer shall, by June 30 of each
19year, pay
all 20 percent of the amounts received under this paragraph to the
20department.
All amounts received by the department shall be credited to the
21conservation fund and shall be reserved for land acquisition, resource management
1activities, and grants under s. 77.895 The municipal treasurer shall deposit the
2remainder in the municipal treasury.
Note: The percentages specified in this paragraph have the effect of sending 20%
of the total amounts received under s. 77.89 (2) (b), stats. (generally, closed acreage shares
for managed forest land), to the department and sending 60% of the amount remaining
to the counties. Directives on the use of the funds by the county are described below in
par. (c).
AB402, s. 28
3Section
28. 77.89 (2) (c) of the statutes is created to read:
AB402,17,84
77.89
(2) (c) 1. Except as provided in subd. 2., from the amounts received by a
5county under par. (b), at least five-sixths of the amounts shall be expended by the
6county to acquire by purchase, lease, easement, or other agreement land that will be
7open to the public for hunting, fishing, hiking, sight-seeing, and cross-country
8skiing.
AB402,17,149
2. A county with at least 40 percent of its total area consisting of public access
10lands shall spend at least five-sixth of the amounts received under par. (b) for
11acquisitions as described in subd. 1. or for activities to improve resource
12management, or any combination thereof. Resource management activities may
13include forest growth, forest health, fish habitat, wildlife habitat, or watershed
14protection.
Note: This paragraph specifies that at least five-sixths of the amount a county
receives under s. 77.89 (2) (b), stats. (generally, the county portion of the closed acreage
shares), shall be expended to acquire by purchase, lease, easement, or other agreement
land that will be open to the public for hunting and certain other recreational activities,
unless the county meets a 40% threshold for ownership of public access lands, as defined
above. If the county meets the 40% public access threshold, the county shall spend this
"closed acreage share" amount for these types of acquisitions or for activities to improve
resource management. These activities include forest growth, forest health, fish habitat,
wildlife habitat, and watershed protection.
AB402, s. 29
15Section
29. 77.896 of the statutes is created to read:
AB402,18,316
77.896
(1) Designation. (a) 1. The department shall promulgate rules under
17which the department may designate forest enterprise areas targeted for
18sustainable forestry and forest-based economic development. The department shall
1promulgate rules to establish criteria for determining eligibility and approval of a
2proposed forest enterprise area and the modification or termination of the
3designation of a forest enterprise area.
AB402,18,104
2. A town or county that proposes to create a forest enterprise area shall apply
5to the department. If a town submits an application to the department, the proposed
6forest enterprise area shall be consistent with the town plan for forest preservation
7and development if the town has a plan for forest preservation and development. If
8a county submits an application to the department, the proposed forest enterprise
9area shall be consistent with the county plan for forest preservation and
10development if the county has a plan for forest preservation and development.
AB402,18,1211
3. The department shall promulgate rules that set forth the information that
12is required to be included in an application submitted under subd. 2.
AB402,18,1513
(b) The department may not designate an area as a forest enterprise area
14unless the department receives an application requesting the designation and the
15application complies with par. (a).
AB402,18,1716
(c) Subject to par. (d), the department may designate forest enterprise areas
17with a combined area of not more than 200,000 acres of land.
AB402,18,1918
(d) Before January 1, 2013, the department may designate not more than 10
19forest enterprise areas with a combined area of not more than 75,000 acres of land.
AB402,18,2120
(e) The minimum size of a forest enterprise area designated under this
21subsection shall be 5,000 acres of land.
AB402,18,2422
(f) In designating forest enterprise areas under this subsection, the department
23shall give preference to areas that include at least 1,000 acres of land designated as
24managed forest land under s. 77.82.
