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LRBa1370/1
EHS:cdc
2019 - 2020 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE BILL 867
February 20, 2020 - Offered by Senator Tiffany.
SB867-SA1,1,11 At the locations indicated, amend the bill as follows:
SB867-SA1,1,3 21. Page 4, line 1: delete the material beginning with that line and ending with
3page 6, line 21, and substitute:
SB867-SA1,1,4 4 Section 1m. 77.82 (1) (a) 1. of the statutes is amended to read:
SB867-SA1,2,25 77.82 (1) (a) 1. It consists of at least 20 10 contiguous acres, except as provided
6in this subdivision. The fact that a lake, river, stream, or flowage, a public or private
7road, or a railroad or utility right-of-way separates any part of the land from any
8other part does not render a parcel of land noncontiguous. If a part of a parcel of at
9least 20 contiguous acres is separated from another part of that parcel by a public
10road, that part of the parcel may be enrolled in the program, even if that part is less
11than 20 acres, if that part meets the requirement under subd. 2. and is not ineligible
12under par. (b). The owner of a parcel of less than 20 acres that is subject to a managed

1forest land order before April 16, 2016, may apply one time for a renewal of the order
2under sub. (12) without meeting the 20-acre requirement.
SB867-SA1,2m 3Section 2m. 77.82 (1) (a) 3. of the statutes is created to read:
SB867-SA1,2,74 77.82 (1) (a) 3. a. It is located in a tract of land under the same ownership that
5contains at least 20 acres in parcels that meet the requirements under subds. 1. and
62. and for which designation under a single managed forest land order is sought,
7except as provided in subd. 3. b.
SB867-SA1,2,108 b. A parcel that does not meet the requirement in subd. 3. a. but that is subject
9to a managed forest land order before April 16, 2016, is eligible for a onetime renewal
10of the order under sub. (12) without meeting the requirement under subd. 3. a.
SB867-SA1,3m 11Section 3m. 77.82 (1) (bp) 1. a. of the statutes is amended to read:
SB867-SA1,2,1312 77.82 (1) (bp) 1. a. Any accessory building, structure, or fixture that is built or
13placed on the parcel for its benefit.”.
SB867-SA1,2,14 142. Page 7, line 7: delete lines 7 to 24 and substitute:
SB867-SA1,2,15 15 Section 6m. 77.82 (4) of the statutes is amended to read:
SB867-SA1,3,816 77.82 (4) Additions to managed forest land. An owner of land that is
17designated as managed forest land may file an application with the department to
18designate as managed forest land an additional parcel of land if the additional parcel
19is at least 3 acres in size and is contiguous to any of that designated land or is not
20contiguous to that designated land but meets the requirements under sub. (1) (a) 1
.
21The application shall be accompanied by a nonrefundable $20 application recording
22fee unless a different amount for the fee is established by the department by rule at
23an amount equal to the average expense to the department of recording an order
24issued under this subchapter. The fee shall be deposited in the conservation fund and

1credited to the appropriation under s. 20.370 (2) (cr). The application shall be filed
2on a department form and shall contain any additional information required by the
3department. The tax rate applicable to an addition under this subsection shall be
4the tax rate currently applicable to the parcel managed forest land order to which the
5land is being added. Except for the minimum acreage requirements under sub. (1)
6(a) 1., the eligibility requirements applicable to an addition under this subsection are
7the eligibility requirements under the managed forest land order to which the land
8is being added.
”.
SB867-SA1,3,10 93. Page 8, line 23: delete the material beginning with that line and ending with
10page 9, line 13, and substitute:
SB867-SA1,3,11 11 Section 9m. 77.88 (2) (am) of the statutes is amended to read:
SB867-SA1,3,1612 77.88 (2) (am) Transferred land; requirements not met. If the land transferred
13under par. (a) does not meet the eligibility requirements under s. 77.82 (1) (a) and
14(b), the department shall issue an order withdrawing the land from managed forest
15land designation and shall may assess against the owner a withdrawal tax under
16sub. (5) and the withdrawal fee under sub. (5m).”.
SB867-SA1,3,18 174. Page 10, line 13: delete the material beginning with that line and ending
18with page 11, line 14, and substitute:
SB867-SA1,3,20 19 Section 16m. 77.88 (3k) of the statutes is renumbered 77.88 (3k) (intro.) and
20amended to read:
SB867-SA1,4,521 77.88 (3k) Voluntary withdrawal; productivity. (intro.) Upon the request of
22an owner of managed forest land to withdraw part of a parcel of the owner's land, the
23department shall issue an order of withdrawal if the department determines that the
24parcel is unable to produce merchantable timber in the amount required under s.

177.82 (1) (a) 2. The order shall withdraw only the number of acres that is necessary
2for the parcel to resume its ability to produce the required amount.
No withdrawal
3tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed. The order shall
4withdraw only the number of acres that is necessary for the parcel to resume its
5ability to produce the required amount, except that all of the following apply:
SB867-SA1,17m 6Section 17m. 77.88 (3k) (a) and (b) of the statutes are created to read:
SB867-SA1,4,97 77.88 (3k) (a) If the land remaining in the parcel after the requested
8withdrawal does not meet the eligibility requirements under the order designating
9the managed forest land, the withdrawal order shall withdraw the entire parcel.
SB867-SA1,4,1310 (b) If the land subject to a managed forest land order after the requested
11withdrawal does not meet the eligibility requirements under that managed forest
12land order, the withdrawal order shall withdraw all land under that managed forest
13land order.
SB867-SA1,18m 14Section 18m. 77.88 (3L) of the statutes is renumbered 77.88 (3L) (intro.) and
15amended to read:
SB867-SA1,4,2516 77.88 (3L) Voluntary withdrawal; sustainability. (intro.) Upon the request
17of an owner of managed forest land to withdraw part of a parcel of the owner's land,
18the department shall issue an order of withdrawal if the department determines that
19the parcel is unsuitable, due to environmental, ecological, or economic concerns or
20factors, for the production of merchantable timber. The order shall withdraw only
21the number of acres that is necessary for the parcel to resume its sustainability to
22produce merchantable timber.
No withdrawal tax under sub. (5) or withdrawal fee
23under sub. (5m) may be assessed. The order shall withdraw only the number of acres
24that is necessary for the parcel to resume its sustainability to produce merchantable
25timber, except that all of the following apply:
SB867-SA1,19m
1Section 19m. 77.88 (3L) (a) and (b) of the statutes are created to read:
SB867-SA1,5,42 77.88 (3L) (a) If the land remaining in the parcel after the requested
3withdrawal does not meet the eligibility requirements under the order designating
4the managed forest land, the withdrawal order shall withdraw the entire parcel.
SB867-SA1,5,85 (b) If the land subject to a managed forest land order after the requested
6withdrawal does not meet the eligibility requirements under that managed forest
7land order, the withdrawal order shall withdraw all land under that managed forest
8land order.”.
SB867-SA1,5,9 95. Page 11, line 19: delete “2. g." and substitute “1. a.".
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