2017 - 2018 LEGISLATURE
April 13, 2017 - Introduced by Senators Testin,
Tiffany, Marklein and Stroebel,
cosponsored by Representatives
Mursau, Krug, Tranel and Kremer.
Referred to Committee on Sporting Heritage, Mining and Forestry.
1An Act to amend
77.82 (1) (bp) 2. c.; and to create
77.82 (1) (bp) 3. of the statutes; 2relating to: fences on closed managed forest land.
Analysis by the Legislative Reference Bureau
Under this bill, the prohibition on a fence that prevents the free and open
movement of wild animals across managed forest land (MFL) does not apply if the
fence is used for dog training on closed MFL owned by a nonprofit organization that
holds a dog club training license.
Under current law, certain forested land may be designated as MFL under a
program administered by the Department of Natural Resources. Under this
program, the owner of land designated as MFL makes an annual acreage share
payment that is lower than, and in lieu of, the property taxes that normally would
be payable. In exchange, the owner must comply with certain forestry practices and
have a management plan prepared for the land. The owner must also open the MFL
to the public for certain recreational activities, but may designate up to a certain
number of acres as being closed to the public. For MFL that is designated as closed,
the owner must make an additional payment per acre.
Under current law, a parcel containing a building or an improvement
associated with a building is ineligible for designation as MFL. A fence is not
considered an improvement unless the fence prevents the free and open movement
of wild animals across any portion of the parcel.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
77.82 (1) (bp) 2. c. of the statutes is amended to read:
(bp) 2. c. A fence, unless the fence prevents the free and open
3movement of wild animals across any portion of the parcel except as provided in subd.
77.82 (1) (bp) 3. of the statutes is created to read:
(bp) 3. For purposes of par. (b) 3., a fence that prevents the free and 7
open movement of wild animals across any portion of a parcel is an improvement 8
unless all of the following apply:
a. The fence is used for dog training purposes.
b. The fence is on land owned by a nonprofit organization that is described in 11
(c) of the Internal Revenue Code and that holds a dog club training license 12
under s. 169.20 (3).
c. The fence existed on January 1, 2017, on land designated as closed managed 14