SB590,8,2

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177.82 (2m) (d) All of the application recording fees collected under par. (a) 1.
2shall be credited to the appropriation under s. 20.370 (1) (cr).

SB590,8,74 77.82 (2m) (dm) 1. Of each management plan fee, $300 or the entire fee,
5whichever is less, that is collected under par. (a) or (e) that is not credited to the
6appropriation under s. 20.370 (1) (cr) (ag) shall be credited to the appropriation under
7s. 20.370 (1) (cx).

SB590,8,149 77.82 (2m) (e) If a proposed management plan accompanying a petition an
10application filed under sub. (2), (4m), or (12) is not approved by the department under
11its initial review under sub. (3) (a), and if the department agrees to complete the
12management plan under sub. (3) (a), the department shall collect from the petitioner
13applicant the plan preparation fee established under par. (am), if the petitioner
14applicant has not previously paid the fee.

SB590,8,2217 77.82 (2m) (ag) If a proposed management plan accompanying an application
18filed under sub. (2), (4m), or (12) is not approved by the department under its initial
19review under sub. (3) (a) (ar), and if the department agrees to complete the proposed
20management plan under sub. (3) (a) (ar), the department shall collect from the
21applicant the management plan preparation fee established under par. (am), if the
22applicant has not previously paid the fee.

SB590,9,824 77.82 (3) (a) A proposed management plan may shall cover the entire acreage
25of each parcel subject to the petition application. The department, after considering

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1the owner's forest management objectives as stated under sub. (2) (e), shall review
2and either approve or disapprove the proposed management plan. If the department
3disapproves the plan, it shall inform the petitioner applicant of the changes
4necessary to qualify the plan for approval upon subsequent review. At the request
5of the petitioner applicant, the department may agree to complete the proposed
6management plan that has been prepared by an independent certified plan writer.
7The department shall complete any proposed management plan prepared by the
8department.

SB590,9,1311 77.82 (3) (ag) A proposed management plan shall cover the entire acreage of
12each parcel subject to the application. The and shall be prepared by an independent
13certified plan writer or by the department if par. (am) applies.

SB590,9,22 14(ar) For a proposed management plan prepared by an independent certified
15plan writer, the department, after considering the owner's forest management
16objectives as stated under sub. (2) (e), shall review and either approve or disapprove
17the proposed management plan. If the department disapproves the proposed plan,
18it shall inform the applicant of the changes necessary to qualify the plan for approval
19upon subsequent review. At the request of the applicant, the department may agree
20to complete the proposed management plan that has been prepared by an
21independent certified plan writer. The department shall complete any proposed
22management plan prepared by the department.

SB590,9,2524 77.82 (3) (am) If the department determines that an applicant is not able to
25have a proposed management plan prepared by a certified independent plan writer,

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1the department shall prepare the plan. The department shall promulgate rules
2establishing the criteria that shall be met in order to determine that an applicant is
3unable to prepare such a plan.

SB590,10,75 77.82 (3) (c) (intro.) To qualify for approval, a management plan shall be
6prepared by an independent certified plan writer or prepared by the department and
7shall include all of the following:

SB590,10,139 77.82 (3) (g) The department shall certify plan writers and shall promulgate
10rules specifying the qualifications that a person must satisfy to become a certified
11plan writer. For management plans prepared or completed by the department under
12this subsection, the department may contract with plan writers certified by the
13department to prepare and complete these plans.

SB590,11,215 77.82 (4) Additions to managed forest land. An owner of land that is
16designated as managed forest land under an order that takes effect on or after April
1728, 2004, may petition file an application with the department to designate as
18managed forest land an additional parcel of land if the additional parcel is at least
193 acres in size and is contiguous to any of that designated land. The petition
20application shall be accompanied by a nonrefundable $20 application recording fee
21unless a different amount for the fee is established by the department by rule at an
22amount equal to the average expense to the department of recording an order issued
23under this subchapter. The fee shall be deposited in the conservation fund and
24credited to the appropriation under s. 20.370 (1) (cr). The petition application shall

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1be filed on a department form and shall contain any additional information required
2by the department.

SB590,11,94 77.82 (4g) (a) If an owner of land that is designated as managed forest land
5under an order that takes effect before April 28, 2004, wishes to have an additional
6parcel of land that is at least 10 acres in size and that satisfies the other requirements
7in sub. (1) designated as managed forest land, the owner may petition file an
8application with the department under sub. (2) for a new order covering the
9additional land.

SB590,11,1911 77.82 (4g) (b) If an owner of land that is designated as managed forest land
12under an order that takes effect before April 28, 2004, wishes to have designated as
13managed forest land an additional parcel of land that is at least 3 acres in size, that
14does not satisfy the requirements in sub. (1), and that is contiguous to any of that
15designated land, the owner may withdraw the designated land from the original
16order and may petition file an application with the department under sub. (2) for a
17new order covering both the withdrawn land and the additional land. The
18withdrawal tax and the withdrawal fee under s. 77.88 (5) and (5m) do not apply to
19a withdrawal under this paragraph.

SB590,11,2321 77.82 (4m) (a) An owner of land that is entered as forest croplands under s.
2277.02 may petition file an application with the department under sub. (2) to convert
23all or a portion of the land to managed forest land, subject to sub. (1) (c).

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177.82 (4m) (b) A petition An application under this subsection shall specify
2whether the order designating the land as managed forest land will remain in effect
3for 25 years or 50 years, as elected by the owner.

SB590,12,95 77.82 (4m) (d) An owner of land who has filed a conversion petition application
6under this subsection and for whom the department is preparing or completing a
7management plan may withdraw the request and have it prepared by an
8independent certified plan writer if the owner determines that the department is not
9preparing or completing the management plan in a timely manner.

SB590,12,1111 77.82 (5) (title) Notice of petition application; request for denial.

SB590,12,1513 77.82 (5) (a) Upon receipt of a petition an application under sub. (2), (4) or (4m),
14the department shall provide written notice of the petition application to each clerk
15of each municipality in which the land is located.

SB590,12,2417 77.82 (5) (b) The governing body of any municipality in which the proposed
18managed forest land is located or a resident or property tax payer of such a
19municipality may, within 15 days after the notice under par. (a) is provided, request
20the department to deny the petition application on the grounds that the land fails to
21meet the eligibility requirements under sub. (1) or that, if the addition is approved,
22the entire parcel will fail to meet those eligibility requirements. The request shall
23be in writing and shall specify the reason for believing that the land is or would be
24ineligible.

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177.82 (6) (a) The department shall conduct any investigation necessary to
2reach a decision on a petition an application.

SB590,13,74 77.82 (6) (b) 2. At least 10 days before the date of the hearing, the department
5shall mail written notice of the date, time, and place of the hearing to the petitioner,
6applicant, to each person who submitted a request under sub. (5) (b), and to the clerk
7of each municipality in which the land is located.

SB590,13,129 77.82 (7) (a) (intro.) After considering the testimony presented at the public
10hearing, if any, the facts discovered by its investigation and the land use in the area
11in which the land is located, the department shall approve a petition an application
12under sub. (2) or (4m) if it determines all of the following:

SB590,13,1414 77.82 (7) (a) 2. That all facts stated in the petition application are correct.

SB590,13,1816 77.82 (7) (b) (intro.) After considering the testimony presented at the public
17hearing, if any, and the facts discovered by its investigation, the department shall
18approve a petition an application under sub. (4) if it determines all of the following:

SB590,13,2020 77.82 (7) (b) 1. That all facts stated in the petition application are correct.

SB590,14,824 77.82 (7) (c) 3. Except as provided in par. (d), if a petition an application is
25received on or before May 15 June 1 of any year from a petitioner who owns less than

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11,000 acres in this state, who, before the deadline established by the department by
2rule, submitted a draft management plan prepared by an independent certified plan
3writer, and who submits a completed plan, as defined by the department by rule, with
4the petition, the department shall investigate and shall either approve the petition
5application and issue the order under sub. (8) or deny the petition application before
6the following November 21. An application received after June 1 shall be acted on
7by the department as provided in this subdivision before the November 21 of the year
8following the year in which the application is received.

SB590,14,1310 77.82 (7) (d) The department shall approve or disapprove a petition an
11application under par. (a) that is submitted filed under sub. (4m) within 3 years after
12the date on which the petition is submitted to application is filed with the
13department.

SB590,14,2315 77.82 (8) Order. If a petition an application under sub. (2), (4m), or (12) is
16approved, the department shall issue an order designating the land as managed
17forest land for the time period specified in the petition application. If a petition an
18application under sub. (4) is approved, the department shall amend the original
19order to include the additional parcel. The department shall provide the petitioner
20applicant with a copy of the order or amended order and shall also file a copy with
21the department of revenue, the supervisor of assessments, and the clerk of each
22municipality in which the land is located, and shall record the order with the register
23of deeds in each county in which the land is located.

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177.82 (10) Denial. If the department denies a petition an application, it shall
2notify the petitioner applicant in writing, stating the reason for the denial.

SB590,15,84 77.82 (11) Duration. An order under this subchapter remains in effect for the
5period specified in the petition application unless the land is withdrawn under s.
677.84 (3) (b) or 77.88. An amendment to or repeal of this subchapter does not affect
7the terms of an order or management plan, except as expressly agreed to in writing
8by the owner and the department and except as provided in sub. (11m).

SB590,15,1210 77.82 (11g) Withdrawal tax on converted forest croplands prohibited. No
11tax or interest may be assessed under s. 77.10 (2) (a) on land converted to managed
12forest land pursuant to a petition an application approved under sub. (7) (d).

SB590,16,314 77.82 (12) Renewal. An owner of managed forest land may petition file an
15application with the department under sub. (2) for renewal of the order. A petition
16filed by an owner of 1,000 acres or more in this state An application for renewal shall
17be filed no later than the March 31 June 1 before the expiration date of the order.
18 A petition filed by an owner of less than 1,000 acres in this state shall be filed no later
19than the 2nd July 1 before the expiration date of the order, except that if the owner
20satisfies the requirement in sub. (7) (c) 3., the petition shall be filed no later than the
21May 15 before the expiration date of the order. The petition application shall specify
22whether the owner wants the order renewed for 25 or 50 years. The provisions under
23subs. (5), (6), and (7) do not apply to a petition an application under this subsection.
24The department may deny the petition application only if the land fails to meet the
25eligibility requirements under sub. (1), if the owner has failed to comply with the

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1management plan that is in effect on the date that the petition application for
2renewal is filed, or if there are delinquent taxes on the land. If the petition
3application is denied, the department shall state the reason for the denial in writing.

SB590,16,65 77.86 (1) (c) If the proposed cutting conforms to the management plan and is
6consistent with sound forestry practices, the department shall approve the request.

SB590,16,108 77.86 (1) (d) If the proposed cutting does not conform to the management plan
9or is not consistent with sound forestry practices, the department shall assist the
10owner in developing an acceptable proposal before approving the request.

SB590,16,1412 77.86 (5) (a) Any person who fails to file the notice required under sub. (1) (b)
13or, who intentionally fails to file a report as required under sub. (4), or who files a false
14report under sub. (4) shall forfeit not more than $1,000.

SB590,16,1916 77.86 (5) (b) Any owner who intentionally cuts merchantable timber in
17violation of this section is subject to a forfeiture equal to 20% of the current value of
18the merchantable timber cut, based on the stumpage value established under s.
1977.91 (1).

SB590,17,221 77.87 (1) Taxation. The department shall assess a yield tax against each owner
22who cuts merchantable timber and files a report under s. 77.86. If the owner fails
23to timely file a report under s. 77.86 (4), the department shall determine the value
24of the merchantable timber cut for the assessment of the yield tax. The yield tax shall
25equal 5% of the value of the merchantable timber cut, based on the stumpage value

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1established under s. 77.91 (1). The department shall mail a copy of the certificate of
2assessment to the owner at the owner's last-known address.

SB590,17,54 77.87 (1g) (a) An order converting forest cropland to managed forest land
5pursuant to a petition an application approved under s. 77.82 (7) (d).

SB590,17,87 77.87 (1g) (d) A An order petitioned for for which an application is filed under
8s. 77.82 (4g) (b).

SB590,17,1610 77.87 (2) Supplemental yield tax. At any time within one year after a report
11is filed under s. 77.86 (4), the department, after notifying the owner and providing
12the owner with the opportunity for a hearing, may determine whether the report is
13accurate. If the department determines that the quantity of merchantable timber
14cut exceeded the amount on which the tax was assessed under sub. (1), the
15department shall assess a supplemental yield tax on the additional amount as
16provided under sub. (1).

SB590,17,2218 77.87 (3) Payment. A tax assessed under sub. (1) or (2) is due and payable to
19the department on the last day of the next month following the date the certificate
20is mailed to the owner. The department shall collect interest at the rate of 12% per
21year on any tax that is paid later than the due date. Amounts received shall be
22credited to the conservation fund.

SB590,17,2424 77.88 (1) (b) 3. Intentional cutting Cutting by the owner in violation of s. 77.86.

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177.88 (2) (b) If the land remaining after a transfer under par. (a) is contiguous
2and meets the eligibility requirements under s. 77.82 (1) (a) 2. and (b), it shall
3continue to be designated as managed forest land until the expiration of the existing
4order, even if the parcel contains less than 10 acres. Notwithstanding s. 77.82 (12),
5an owner may not petition file an application with the department for renewal of the
6order if the parcel contains less than 10 acres. No withdrawal tax under sub. (5) or
7withdrawal fee under sub. (5m) may be assessed when the remaining land is
8withdrawn at the expiration of the order.

SB590,18,1710 77.88 (2) (d) 1. Within 10 30 days after a transfer of ownership, the former
11owner transferee shall, on a form provided by the department, file with the
12department a report of the transfer signed by the former owner and the transferee.
13The report shall be accompanied by a $100 fee which transferee shall pay a $100 fee
14that will accompany the report. The fee shall be deposited in the conservation fund.
15Twenty dollars of the fee or a different amount of the fee as may be established under
16subd. 2. shall be credited to the appropriation under s. 20.370 (1) (cr). The
17department shall immediately notify each person entitled to notice under s. 77.82 (8).