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.
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)(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)(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(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.
NR 46.09
NR 46.09
Forest croplands withdrawals. A completed declaration of withdrawal on a department form shall be filed with the department. Requests received by the department no later than October 1 on department forms will be eligible to be effective the following January 1. Forms received by the department after October 1 and before the end of the year shall be effective January 1 of the second year beginning after the year in which the form is received. Delays in processing created by local governments or the department of revenue, or failure to pay the withdrawal penalty on a timely basis may mean a delay in the effective date of the withdrawal.
NR 46.09 Note
Note: Forms for withdrawal must be filed by the deadline. Forms may be obtained online at dnr.wi.gov, search keyword “FCL”.
NR 46.09 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00.
NR 46.10(1)(1)
Incomplete cutting notices. Incomplete cutting notices shall be returned.
NR 46.10(2)
(2)
Cutting notices that require department approval. Department approval of a submitted complete cutting notice is required prior to harvest if any of the following apply:
NR 46.10(2)(a)
(a) The cutting notice is not consistent with sound forestry.
NR 46.10(2)(b)
(b) The owner requests on the form that the department review the cutting notice.
NR 46.10(2)(c)
(c) The person who submits the cutting notice does not certify on the form that they meet one of the requirements provided in s.
77.06 (1) (b) 2., Stats.
NR 46.10 History
History: CR 18-086: cr. Register February 2020 No. 770, eff. 3-1-20. NR 46.15
NR 46.15
Definitions. For terms used in this subchapter, the following definitions apply:
NR 46.15(1)
(1) “Applicant" means any person who has an ownership interest either in fee or equity or established by statute.
NR 46.15(1m)
(1m) “Building” means any structure that is used for or able to be used for sheltering people, machinery, animals, or plants, for storing property, or for gathering, working, office, parking, or display space. Camping trailers and recreational vehicles that are not connected to utilities or set upon a foundation, in whole or in part, for more than a temporary time and that are used as temporary living quarters for recreation, camping, or seasonal purposes are not considered buildings for the purpose of the managed forest law program.
NR 46.15(2)
(2) “Capable of producing 20 cubic feet of merchantable timber per acre per year” means land determined by the department to be capable of such production based on site conditions and scientific information specific to Wisconsin cover types.
NR 46.15 Note
Note: Copies of normal yield tables are available for review at the Department of Natural Resources, 101 South Webster St., Box 7921, Madison, WI 53707.
NR 46.15(3)
(3) “Commercial logging operation" means the cutting of forest products in accordance with the department approved management plan, under a written contract or by employees of the owner, during a specified time period.
NR 46.15(3m)
(3m) “Consideration" means a benefit to the promisor or a detriment to the promisee, including the receipt of cash, goods, or in-kind services. Consideration does not include payments received from a governmental body or non-profit organization where the purpose of the payment is to provide public access for a recreational activity.
NR 46.15 Note
Note: This definition clarifies the legislative intent of
2007 Wisconsin Act 20 which prohibits receiving consideration for recreation on MFL land. The definition of “consideration" is not meant to prohibit landowners, neighbors, and friends from assisting each other in property management activities, such as clearing and maintaining fences, watching each other's properties, or sharing land management activities (such as conducting timber stand and wildlife habitat improvement projects where several parties could collectively supply the proper equipment). The definition of “consideration" is also not meant to prohibit hunters and other recreational users from thanking landowners for recreating on their lands or providing a gift for the use of the land, as long as the gift is reasonable and given freely. DNR encourages friendly hunter-landowner relationships. The definition of “consideration" is meant to prevent landowners from requiring cash, goods, and services from recreational users as a condition for using lands under the MFL program for recreational uses. In other words, landowners are prohibited from requiring that a recreational user pay cash (for example pay a lease on non-MFL lands, a hunting lodge or cabin, vehicle parking space, or making a donation to a charity or fund raiser), provide a material good (for example an ATV, culvert, gravel, television, or any other household or non-household item), or provide a service (for example shingle and put siding on a house, build a wildlife pond, restore an antique automobile, bail hay or harvest grain, etc.) as a condition for permitting recreation on their MFL land.
NR 46.15(4)
(4) “Contiguous" means in actual contact with or touching at some point.
NR 46.15(5)
(5) “Correction order" means an order of the department to correct a previously issued managed forest land order.
NR 46.15(6)
(6) “Cover type" means vegetation of a predominant species or group of species, or, if timber, by predominant species or group of species, size and density, which is an area 2 acres or more in size.
NR 46.15(7)
(7) “Department" means the department of natural resources.
NR 46.15(8)
(8) “Developed for commercial recreation" means the alteration of the land or its features or the addition of improvements which impede, interfere with or prevent the practice of forestry.
NR 46.15(9)
(9) “Developed for human residence" means land that contains a building for habitation that is constructed or used as a domicile or that has a minimum of 5 of the following 8 characteristics:
NR 46.15(9)(a)
(a) 800 square feet or more in total area, using exterior dimensions of living space, including each level and not including porches, decks or uninsulated screen porches.
NR 46.15(9)(b)
(b) Indoor plumbing including water and sewer, piped to either municipal or septic system.
NR 46.15(9)(c)
(c) Central heating or cooling, including electric heat, a furnace or heat with a circulation system.
NR 46.15(9)(d)
(d) Full or partial basement, excluding crawl spaces and frost walls.
NR 46.15(9)(e)
(e) Electrical service by connection to the lines of a power company.
NR 46.15(9)(f)
(f) Attached or separate garage, not to include buildings for vehicles used primarily for work or recreation on the property.
NR 46.15 Note
Note: “Developed for human residence" is not meant to include storage or workshop buildings. If there is living space as part of such buildings, the living space will be compared against the 8 characteristics.
NR 46.15(10)
(10) “Developed for industry" means the alteration or use of the land for the purpose of conducting trade, production or manufacturing activities other than forest products production.
NR 46.15(11)
(11) “Developed for use incompatible with the practice of forestry" means the alteration or use of the land for any purpose which impedes, interferes with or prevents the practice of forestry.
NR 46.15 Note
Note: This definition does not prevent activities authorized in a department approved management plan.
NR 46.15(12)
(12) “Domicile" means a place of permanent residence evidenced by voting, personal income tax or driver's license records.
NR 46.15(14)
(14) “Farmland" means former agricultural land lying idle and presently not producing 20 cubic feet of merchantable timber per acre per year.
NR 46.15 Note
Note: Active agricultural land is not eligible for entry as it is an incompatible use.
NR 46.15(16)
(16) “Grazing” means the feeding on living plants by domestic animals except by animals used as a silvicultural tool to accomplish a sound forestry practice, as approved by the department.
NR 46.15(17)
(17) “Hunting" means shooting, shooting at, pursuing, taking, catching or killing any wild animal or animals other than by trapping.
