Chapter NR 46

Ch. NR 46 Note Note: Chapter NR 46 as it existed on January 31, 1980 was repealed and a new chapter NR 46 was created effective February 1, 1980.

NR 46.01 NR 46.01 Purpose. It is the purpose of this chapter to interpret, enforce and administer the provisions of the Wisconsin statutes pertaining to the forest croplands program, the managed forest land program, and any other tax programs concerning private forest lands.

NR 46.01 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 18-086: am. February 2020 No. 770, eff. 3-1-20.

NR 46.02 NR 46.02 Definitions. For the terms used in subch. I, the following definitions apply:

NR 46.02(1) (1) “Burning” means the presence of fire on forest land, except when used as a prescribed tool in the practice of sound forestry.

NR 46.02(2) (2) “Commercial forest land” means forest land capable of producing wood products within 100 years and not withdrawn from timber production.

NR 46.02(3) (3) “Department” means the state of Wisconsin department of natural resources.

NR 46.02(4) (4) “Domicile” means the place of permanent residence.

NR 46.02(5) (5) “Fishing” means taking, capturing, killing or fishing for fish of any variety in any manner under general provision. Landowners may prohibit activities other than public hunting and fishing on lands under the forest crop law.

NR 46.02(6) (6) “Forest land” means land capable of producing wood products, having a minimum width of 120 feet, not developed for uses inimical to the practice of forestry and at least 10% stocked with forest trees of any of the following size classes:

- See PDF for table

NR 46.02(7) (7) “Fractional lot” means a portion of a section in a township formed by the excess or deficiency of land in said township, as shown by the U.S. government survey plat.

NR 46.02(8) (8) “Government lot” means an irregular portion of a section formed by a meandered body of water, impassable object, a state or reservation or grant boundary or for other similar reasons as shown by U.S. government survey plat.

NR 46.02(9) (9) “Grazing” means the feeding on grass, herbage or other growing plants by domestic animals. Animals used during timber harvest operations are exempt.

NR 46.02(10) (10) “Hunting” means shooting, shooting at, pursuing, taking, catching or killing of any wild animal or animals other than trapping.

NR 46.02(11) (11) “Land” means the property which is being considered for entry under the forest crop law or woodland tax law programs.

NR 46.02(12) (12) “Merchantable timber” means standing trees by species and product which are because of size and quality, salable within a reasonable time period from the subject lands.

NR 46.02(13) (13) “Non-commercial forest land” means forest land incapable of producing wood products within 100 years.

NR 46.02(14) (14) “Non-forest” means farmland (including grazing pastures), water, marsh, muskeg, bog, rock outcrops, sand dunes, recreational land, industrial land, residential land and rights-of-way.

NR 46.02(15) (15) “Non-productive area” means lands not producing or incapable of producing wood products.

NR 46.02(15m) (15m) “Open areas” means nonproductive areas capable of producing merchantable timber when stocked with suitable forest trees.

NR 46.02(16) (16) “Petitioner or applicant” means any or all persons who have an ownership interest either in fee or equity with full control over forest practices on the lands.

NR 46.02(17) (17) “Practice forestry”, “sound forestry practices” and “sound forestry” mean sound and commonly accepted timber cutting, transporting and forest cultural methods recommended or approved by a qualified forester of the department for most effective propagation and improvement of the various timber types common to Wisconsin.

NR 46.02(18) (18) “Public roads and railroad rights-of-way” means public roads or railroad rights-of-way active or abandoned, in public or railroad ownership.

NR 46.02(19) (19) “Qualified forester” means a forester having a bachelor or higher degree from a school of forestry.

NR 46.02(20) (20) “Quarter-quarter section” means a regular one-sixteenth part of a section, the boundaries of which are determined by a correctly executed subdivision of the section involved, as determined by U.S. government survey plat.

NR 46.02(21) (21) “Renewal” means a continuation of an entry under the laws upon mutual consent of the landowner and department.

NR 46.02(22) (22) “Standard units of measurement” means:

NR 46.02(22)(a) (a)

NR 46.02(22)(a)1. 1. “Sawlogs-board feet” means forest products that have the following minimum specifications:

- See PDF for table

NR 46.02(22)(a)2. 2. The required scaling method for sawlogs shall be according to the Scribner Decimal C log rule.

NR 46.02(22)(b) (b) “Cord” means 128 cubic feet including wood, air and bark assuming careful piling. Forest products described as cords are further defined to include all cut products not meeting the minimum specifications in par. (a) for sawlogs and which are not listed as piece products in par. (c).

NR 46.02(22)(c) (c) Piece products. Per piece, post, pole or Christmas tree.

NR 46.02(22)(d) (d) Weight. Converted to cord equivalent by species.

NR 46.02(23) (23) “Stumpage” means the quantity of merchantable timber by product and species as listed in s. NR 46.30.

NR 46.02(24) (24) “Tree scale” means the measurement of merchantable volume of standing trees.

NR 46.02(24m) (24m) “Understocked areas” means forest lands not meeting the minimum medium density classification (source, DNR Manual Code 8625.2) described in the following size classes:

- See PDF for table

NR 46.02 Note Note: DNR Manual Code is available for inspection at any DNR office.

NR 46.02(25) (25) “Wood products” or “forest products” means those items listed on the current forest crop law stumpage values.

NR 46.02 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; cr. (15m) and (24m), Register, October, 1983, No. 334, eff. 11-1-83; cr. (intro.) and am. (23), Register, October, 1986, No. 370, eff. 11-1-86; r. and recr. (22) (a) and (b), Register, October, 1991, No. 430, eff. 11-1-91; CR 10-031: am. (24m) Register October 2010 No. 658, eff. 11-1-10; correction in (intro.) made under s. 13.92 (4) (b) 7., stats. Register December 2011 No. 672; CR 18-086: am. (25) Register February 2020 No. 770, eff. 3-1-20; correction in (22) (a) 1. made under s. 35.17, Stats., Register February 2020 No. 770.

NR 46.03 NR 46.03 Petitions or applications.

NR 46.03(1) (1) The forest cropland program is no longer open for enrollment or renewal.

NR 46.03 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 18-086: r. and recr. Register February 2020 No. 770, eff. 3-1-20.

NR 46.04 NR 46.04 Requests or petitions for hearing.

NR 46.04(1) (1) Requests for hearing on forest croplands petitions shall include the basis or reasons for the request.

NR 46.04 Note Note: Entry criteria contained in s. NR 46.06.

NR 46.04(2) (2) Requests or petitions for hearings on the continued eligibility of lands entered under the forest croplands or woodland tax law programs shall include an allegation, with a statement of facts to support such, that the lands to which the request or petition applies are ineligible for continuation due to its failure to comply with the criteria required by law.

NR 46.04 Note Note: Continued entry criteria contained in s. NR 46.06 and s. 77.02, Stats.

NR 46.04 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

NR 46.05 NR 46.05 Forms. All notices, reports, plans, petitions and applications required or filed under the forest croplands or woodland tax law shall be on forms prepared and provided by the department.

NR 46.05 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

subch. I of ch. NR 46 Subchapter I — Forest Croplands

NR 46.06 NR 46.06 Determination on petition.

NR 46.06(1) (1) Lands upon which a petition has been filed shall be entered as forest croplands upon a finding by the department that:

NR 46.06(1)(a) (a) The lands considered for entry comprise an entire quarter-quarter section, fractional lot or government lot as determined by U.S. government survey plat, excluding public roads and railroad rights-of-way; and

NR 46.06(1)(b) (b) The facts give reasonable assurance that a stand of merchantable timber will be developed within a reasonable period of time; and

NR 46.06(1)(c) (c) That such lands are then being held permanently for the growing of timber under sound forestry practices rather than for other purposes; and

NR 46.06(1)(d) (d) That all persons holding encumbrances against such lands have in writing agreed to the petition.

NR 46.06(2) (2) The lands are capable of supporting a stand of merchantable timber containing a minimum tree stocking as provided in s. NR 46.02 (5) and are capable of producing wood products within 100 years from the date of entry.

NR 46.06(3) (3) In determining whether a petitioner is holding lands permanently for the growing of timber and other products, the department shall consider:

NR 46.06(3)(a) (a) All relevant testimony and evidence of record presented by the petitioner and others.

NR 46.06(3)(b) (b) The location of the land in relation to residential, recreational, agricultural or commercial development.

NR 46.06(3)(c) (c) Topography of the lands.

NR 46.06(3)(d) (d) Soils.

NR 46.06(3)(e) (e) Buildings or structures on the property.

NR 46.06(3)(f) (f) Roads in the vicinity of the lands.

NR 46.06(3)(g) (g) Navigable waters on or in the vicinity of the lands.

NR 46.06(3)(h) (h) The presence of surface disturbance in the form of mining or landfill operations.

NR 46.06(3)(i) (i) Zoning.

NR 46.06(3)(j) (j) Past use of the lands by the petitioner.

NR 46.06(3)(k) (k) Location of incorporated limits of cities and registered plats.

NR 46.06(3)(L) (L) The existence of landscaping or ornamental plants, or the alteration of vegetation adjacent to or near any buildings or structures.

NR 46.06(4) (4) In determining whether the petitioner intends to hold the lands permanently and manage them under sound forestry practices, the department shall consider:

NR 46.06(4)(a) (a) All relevant statements, testimony and evidence of record presented by the petitioner and others.

NR 46.06(4)(b) (b) Knowledge or training of the petitioner regarding forestry or forestry practices.

NR 46.06(4)(c) (c) Forestry management plans developed by or at the request of the petitioner.

NR 46.06(4)(d) (d) Past forestry practices conducted by or at the direction of the petitioner.

NR 46.06 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

NR 46.07 NR 46.07 Ineligible lands.

NR 46.07(1) (1) The following lands are ineligible for entry, continuation or renewal as forest croplands:

NR 46.07(1)(a) (a) Lands within the incorporated limits of cities or registered plats.

NR 46.07(1)(b) (b) A quarter-quarter section, fractional or government lot upon which is located a domicile.

NR 46.07(1)(c) (c) Lands which, if entered, continued or renewed, would result in the petitioner or owner having contiguous forest croplands of which the total non-productive area exceeds 20%.

NR 46.07(1)(d) (d) Lands upon which surface disturbance in the form of mining or landfill operations is present.

NR 46.07(1)(e) (e) Lands which show the existence of landscaping or ornamental plants, or the alteration of vegetation adjacent to or near any buildings or structures.

NR 46.07(1)(f) (f) Lands which cannot comply with the eligibility requirements contained in s. NR 46.06 except those lands presently entered under the forest cropland program containing less than an entire quarter-quarter section, fractional or government lot as determined by U.S. government survey excluding public roads and railroad rights-of-ways that are eligible for continuation.

NR 46.07 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; am. (1) (c), Register, October, 1985, No. 358, eff. 11-1-85.