NOTICE IS HEREBY GIVEN that pursuant to sections 227.16 and 227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on changes to Chapter NR 46 regarding administration of the Managed Forest Law program on the date(s) and at the time(s) and location(s) listed below.

The hearing will be held on:

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Kathryn J. Nelson in writing at the Department of Natural Resources, Forest Tax Program (FR/4) 101 S Webster, Madison, WI 53707; by E-mail to Kathryn.Nelson@Wisconsin.gov ; or by calling (608) 266-3545. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link: https://health.wisconsin.gov/admrules/
public/Home. Use your Search feature to find the rule. You may want to search for NR 46, MFL, or forestry. Scroll down to find the rules under Permanent Rules Under Promulgation .

If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Kathryn J. Nelson, Department of Natural Resources, Forest Tax Program (FR/4), 101 S. Webster St, Madison, WI, 53703, or by calling (608) 266-3545.

Comments on the proposed rule must be received on or before April 22, 2010. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Subchs. I and VI, Ch. 77, Stats.

Sections 227.11 (2) (a), 77.82 (2m) (a) and (am), (3) (am) and (g), (4), Stats. and generally subchs. I and VI, Ch. 77, Stats.

Repeal Subchapter II regarding the Woodland Tax Law and references to Woodland Tax Law throughout NR 46: The Woodland Tax Law was a private landowner incentive program that allowed participants to pay reduced property tax while they grew trees for harvest. A management plan was developed for each parcel enrolled in the program that required harvesting of timber. Enrollment in Woodland Tax Law was for a 15 year period. Woodland Tax Law was repealed when the Managed Forest Law was enacted in 1985. The last Woodland Tax Law contacts expired on December 31, 2000. Repealing of this subchapter will eliminate wording in NR 46 for a program that no longer exists. There are no negative impacts to existing participants under Managed Forest Law or Forest Crop Law. Forest landowners wishing to enroll in a forestry tax incentive program may enroll in Managed Forest Law.

Amend the definition of “incompatible with existing uses of the land." Lands that are considered incompatible with the production of timber products include those lands within a recorded subdivision plat defined under s. 236.02 (12), Stats. or other division of land recorded under s. 236.03 (1), Stats. This proposal eliminates an exception to allow for uniform interpretation and implementation of the rule. Lands that are divided as a subdivision plat are largely held for the purpose of providing land for housing development and do not easily allow for management of forested lands for timber products. Forest Crop Law lands that had subdivision plats created after enrollment into the Forest Crop Law program would no longer be allowed to enroll in Managed Forest Law unless the subdivision plat is vacated under Subchapter VIII, Section 236, Stats. even if there had been no sale of individual subdivision plat lots. There are no lands enrolled under Woodland Tax Law, so provisions relating to this program are no longer pertinent.

Repeal the definition of “management plan packet." 2009 Wisconsin Act 365 required that Managed Forest Law applications must include all supporting documents, including a management plan, map, forest reconnaissance data, property ownership documents (deeds, land contracts, etc.), tax statement, certified survey maps, and application fee, including a remittance form to properly deposit the application fee. A “management plan packet" is an obsolete phrase since passage of 2009 Wisconsin Act 365. The proposal is to eliminate this phrase from NR 46.

Amend the wording of NR 46 to replace “petition" and “petitioner" with “application" and “applicant." 2009 Wisconsin Act 365 replaced the words “petition" with “application," and “petitioner" with “applicant." The proposal is that NR 46 would use the same wording as in statute.

Amend the application dates and requirements. 2009 Wisconsin Act 365 replaced the March 31, May 15 and July 1 application deadlines with a June 1 application deadline. The statutory change also required that management plans need to be submitted with the application. Independent certified plan writers would continue to provide application and management plan development service to landowners. DNR foresters provide these services in situations where services from independent certified plan writers are not available. Proposed changes to NR 46 would make all dates and requirements for Managed Forest Law applications consistent with new statutory language.

Amend MFL application fees. Recording fees at local register of deeds offices have increased to $30.00 per document. The department is required to collect the cost of recording Managed Forest Law documents from landowners as an application fee. The proposal is to increase the application fee from $20 to $30 per county for each application.

Repeal NR 46 wording requirements in application forms and management plans. NR 46 currently lists wording requirements to be used on the application and management plan regarding building characteristics and management plans. Application forms are required to have certain information regarding building characteristics and wording in management plans for landowners to acknowledge that violations of the building requirements may cause lands to be withdrawn from the Managed Forest Law program. These specific wording requirements were inserted into NR 46 at a time when the building provisions were new, however these building provisions have been in effect since 1998. The proposal is to remove the wording requirements from NR 46 so that no one statutory or administrative code provision is highlighted over and above other provisions of the Managed Forest Law.

Amend the certified plan writer program certification requirements. The department has amended its training requirements according to the skills and training needs of students. NR 46 states the homework required for plan writer certification. Proposed amendments to NR 46 eliminate the specific homework requirements to allow the department to better meet student training needs.

Amend reporting dates as a result of new application deadlines provided for in 2009 Wisconsin Act 365. Deadlines for certified plan writers to report management plan cost data must be adjusted in order to have new costs available for use for the new Managed Forest Law application dates. The NR 46 proposal will be to move the dates to collect cost data to be one month earlier from May 31 to May 1 of each year.

Require that owners buying lands from large ownerships as defined in NR 46.18(4) provide a management plan within one year of the transfer date. Historically, the department has written management plans free of charge. This proposal requires that landowners who purchase lands from large ownerships provide a management plan within 1 year of the date of transfer. Landowners would follow the same protocol to obtain the services of a certified plan writer as new enrollees.

Require that owners who no longer meet the qualifications of a large ownership in NR 46.18(4) must provide a management plan within one year of losing large ownership status. Landowners who no longer qualify as a large ownership as defined in NR 46.18(4) are placed in the small landowner category, requiring that a management plan be developed. Historically the department has written these plans. This proposal would require that landowners who lose their status as a large ownership provide a management plan within 1 year of the date of losing their large ownership status. Landowners would follow the same protocol to obtain the services of a certified plan writer as new enrollees.

Amend wording associated with the alternative withdrawal tax calculation. Landowners who withdraw lands early from the Managed Forest Law are required to pay a withdrawal tax based on a formula that multiplies the assessed value, tax rate and years under the law, or based on 5% of the average stumpage value for the market zone. Adjustments to the wording will clarify that the withdrawal tax estimates are not the same as the Department of Revenue withdrawal tax estimates recently created in 2009 Wisconsin Act 365. NR 46 wording changes will also include statutory references regarding renewal of lands under Managed Forest Law.

There are no known federal rules which apply to the Managed Forest Law program.

Minnesota, Michigan, Iowa and Illinois offer some type of incentive program to forest landowners, however their program requirements are not as comprehensive as Wisconsin's Managed Forest Law.

Effect on small business will be de minimis.

Summary of the changes to NR 46, Wis. Admin. Code under FR-45-10.

Changes to NR 46 include a variety of topics including elimination of the subsection associated with management of the Woodland Tax Law, changing the definition of “incompatible with existing uses of the land," repealing of the definition of “management plan packet," replacing the words “petition" and “petitioner" with “application" and “applicant," amending the application dates and requirements, amending the application fees, repealing the requirement for specific wording on application forms and management plans, amending the requirements to be certified as a plan writer, amending reporting dates for certified plan writers, requiring that owners buying lands from larger ownerships provide a management plan within one year of the date of transfer, requiring that owners who no longer meet the qualifications of a large ownership provide a management plan within one year of losing large ownership status, amending wording associated with the alternative withdrawal tax calculation.

Most provisions of the proposed NR 46 rule change have no fiscal impact on state or local revenues or expenditures, including provisions to repeal subchapter II, amend or repeal definitions, amending application deadlines and requirements, repeal specific wording used in MFL forms, amend certified plan writer program certification requirements, amend certified plan writer reporting dates, amending wording associated with determining the alternative withdrawal tax.

Changes to NR 46 that do have a fiscal impact include the following:

STATE FISCAL IMPACT:

Amend MFL application fees.

The department's cost to record orders at the register of deeds office has increased from $20 to $30 per order. Since MFL landowners pay an application fee that covers the recording costs, application fees must be increased from $20 to $30. Over the past 5 years, an average of 1,249 applications have been received for entry into MFL. This new entry is expected to be constant for the next 5 years. In addition, there is an expected increase in applications due to the renewal of lands from expiring MFL entries. Roughly 67% of lands that are expiring from the Forest Crop Law program re-enroll under MFL. If this trend remains constant it is expected that an average of 837 renewals will be submitted annually. If landowners pay an additional $10 per entry for new or renewal applications, the department will collect an additional $20,860 to cover the recording costs (1,249 new entries + 837 renewals = 2,086 total entries x $10/entry = $20,860).

LOCAL GOVERNMENT FISCAL IMPACT:

None.

PRIVATE SECTOR FISCAL IMPACT:

Require that owners buying lands from large ownerships, as defined in NR 46.18(4), provide a management plan within one year of the transfer date.

Roughly 113 transfers from a large ownership to a small ownership have occurred annually from calendar year 2005 through 2009. Under this rule proposal, landowners would be required to provide a management plan within one year of the date of transfer that would be written by a certified plan writer. DNR foresters would write a management plan only if services from a certified plan writer are not available.

Certified plan writers charge for their services in a variety of ways including: (1) a combination of plan cost and per acre cost, (2) per acre costs only, (3) hourly costs or (4) project costs. To determine the cost of plan writing services for this fiscal estimate the cost the department would charge to write a management plan is used, which is based on the plan cost and per acre costs. DNR determines these costs by averaging the costs certified plan writers annually charge landowners for plan writing services. The current base rate, or cost per plan is $470 per plan, with an additional charge of $6.73 per acre.

The average MFL ownership is 67 acres; therefore, landowners would collectively spend $104,062.83 to have these plans prepared by certified plan writers [(113 plans x $470/plan) + (7,571 acres (67 ac. per plan x 113 plans) x $6.73/acre) = $104,062.83].

Require that owners who no longer meet the qualifications of a large ownership in NR 46.18(4) must provide a management plan within one year of losing large ownership status.

Currently there are two large landowners who no longer meet the qualifications of a large landowner that would need to develop management plans through a certified plan writer. Under this rule proposal these two landowners would need to have management plans developed at a cost of $17,032.99 [(10 plans x $470/plan) + (1,832.54 acres x $6.73/acre) = $17,032.99].

Increase existing revenues.

Fund sources affected: SEG.

Affected chapter 20 appropriations: Section 20.370 (1) (cr).

No local government costs.

Landowners applying for Managed Forest Law will pay an additional $15 per county for MFL applications. This extra cost covers the fees to record new MFL Orders of Designation with registers of deeds.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b), 227.11 (2) and 443.015, Stats., Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to create Chapter A-E 13, relating to continuing education requirements for professional engineers.

The hearing will be held on:

Copies of this proposed rule are available upon request to Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Kristine1.Anderson@wisconsin.gov.

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Comments may be submitted to Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to kristine1.anderson@wisconsin.gov. Comments must be received on or before April 19, 2011 to be included in the record of the rule-making proceedings.