2021 Wisconsin Act 230

77.88 (2) (b) Remaining land; requirements met. If the land remaining after a transfer under par. (a) meets the eligibility requirements under s. 77.82 (1) (a) and , (ag), and (b), the remaining land shall continue to be designated as managed forest land.

230,18 Section 18. 77.88 (2) (c) of the statutes is amended to read:

77.88 (2) (c) Remaining land; requirements not met. If the land remaining after a transfer under par. (a) does not meet the eligibility requirements under s. 77.82 (1) (a) and, (ag), and (b), the department shall issue an order withdrawing the land and shall may assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the owner is not entitled to a hearing on an order withdrawing land under this paragraph.

230,19 Section 19. 77.88 (2) (d) of the statutes is created to read:

77.88 (2) (d) Transfer of unenrolled land. If the owner of a tract of land under s. 77.82 (1) (ag) 1. b. sells or otherwise transfers land within the tract that is not subject to a managed forest land order, the transferee shall notify the department of the transfer.

230,20 Section 20. 77.88 (3) (am) of the statutes is amended to read:

77.88 (3) (am) Entire parcels. Upon request of an owner of managed forest land to withdraw an entire parcel of managed forest land, the department shall issue an order withdrawing the land and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).

230,21 Section 21. 77.88 (3) (b) (intro.) of the statutes is amended to read:

77.88 (3) (b) Parts of parcels. (intro.) Upon request of an owner of managed forest land to withdraw part of a parcel of managed forest land, the department shall issue an order withdrawing the land subject to the request and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m) if all of the following apply:

230,22 Section 22. 77.88 (3j) (title) of the statutes is amended to read:

77.88 (3j) (title) Voluntary withdrawal; other construction; small land sales.

230,23 Section 23. 77.88 (3j) (a) 1. of the statutes is amended to read:

77.88 (3j) (a) 1. The purpose for which the owner requests that the department withdraw the land is for the sale of the land or for a construction site.

230,24 Section 24. 77.88 (3j) (a) 4. of the statutes is amended to read:

77.88 (3j) (a) 4. The land remaining after withdrawal meets the eligibility requirements under s. 77.82 (1) (a) and, (ag), and (b).

230,25 Section 25. 77.88 (3k) of the statutes is renumbered 77.88 (3k) (intro.) and amended to read:

77.88 (3k) Voluntary withdrawal; productivity. (intro.) Upon the request of an owner of managed forest land to withdraw part of a parcel of the owner's land, the department shall issue an order of withdrawal if the department determines that the parcel is unable to produce merchantable timber in the amount required under s. 77.82 (1) (a) 2. The order shall withdraw only the number of acres that is necessary for the parcel to resume its ability to produce the required amount. or (ag) 2. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed. The order shall withdraw only the number of acres that is necessary for the parcel to resume its ability to produce the required amount, except that all of the following apply:

230,26 Section 26. 77.88 (3k) (a) and (b) of the statutes are created to read:

77.88 (3k) (a) If the land remaining in the parcel after the requested withdrawal does not meet the eligibility requirements under the order designating the managed forest land, the withdrawal order shall withdraw the entire parcel.

(b) If the land subject to a managed forest land order after the requested withdrawal does not meet the eligibility requirements under that managed forest land order, the withdrawal order shall withdraw all land under that managed forest land order.

230,27 Section 27. 77.88 (3L) of the statutes is renumbered 77.88 (3L) (intro.) and amended to read:

77.88 (3L) Voluntary withdrawal; sustainability. (intro.) Upon the request of an owner of managed forest land to withdraw part of a parcel of the owner's land, the department shall issue an order of withdrawal if the department determines that the parcel is unsuitable, due to environmental, ecological, or economic concerns or factors, for the production of merchantable timber. The order shall withdraw only the number of acres that is necessary for the parcel to resume its sustainability to produce merchantable timber. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed. The order shall withdraw only the number of acres that is necessary for the parcel to resume its sustainability to produce merchantable timber, except that all of the following apply:

230,28 Section 28. 77.88 (3L) (a) and (b) of the statutes are created to read:

77.88 (3L) (a) If the land remaining in the parcel after the requested withdrawal does not meet the eligibility requirements under the order designating the managed forest land, the withdrawal order shall withdraw the entire parcel.

(b) If the land subject to a managed forest land order after the requested withdrawal does not meet the eligibility requirements under that managed forest land order, the withdrawal order shall withdraw all land under that managed forest land order.

230,29 Section 29 . 77.88 (8) (a) 4. of the statutes is created to read:

77.88 (8) (a) 4. Transfers ownership of managed forest land for a public purpose to a city, village, town, or county that is a taxing jurisdiction, as defined under s. 70.114 (1) (f), for the land.

230,30 Section 30 . 77.88 (8) (b) of the statutes is amended to read:

77.88 (8) (b) The department may not order withdrawal of land remaining after a transfer of ownership is made under par. (a) 1., 2., or 3. or after a lease is entered into under par. (a) 3. unless the remainder fails to meet the eligibility requirements under s. 77.82 (1).

230,31 Section 31. Initial applicability.

(1) Buildings on parcels. The treatment of s. 77.82 (1) (bp) 1. a. and 4. first applies to land designated as managed forest land under an order issued or renewed on April 16, 2016.

(2) Material change. The treatment of s. 77.82 (11) first applies to a statutory change or a rule change that takes effect on the effective date of this subsection.