Chapter NR 46

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(9)(g) (g) Telephone service based locally.

NR 46.15(9)(h) (h) Insulated using common insulation products.

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(13) (13) “Encumbrance” has the meaning specified in s. 409.102 (1) (hs), Stats.

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(15) (15) “Fishing” has the meaning specified in s. 29.001 (27), Stats.

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.

NR 46.15(17g) (17g) “Hunting blind” means a structure that is used exclusively for hunting.

NR 46.15(17r) (17r) “Improvements associated with a building” means any of the following:

NR 46.15(17r)(a) (a) A structure or fixture that is attached to a building or that is appurtenant to a building.

NR 46.15(17r)(b) (b) A structure or fixture that provides a specific purpose or use related to the use of a building.

NR 46.15(17r)(c) (c) A structure or fixture for which the intent is that it becomes a permanent addition to a building.

NR 46.15(18) (18) “Incompatible with existing uses of the land” means land which is within a recorded plat, whether as a subdivision defined under s. 236.02 (12), Stats., or other division of land recorded pursuant to s. 236.03 (1), Stats.

NR 46.15(18m) (18m) “Independent certified plan writer” means a certified plan writer not acting under contract with the department.

NR 46.15(19) (19) “Legal description” means the location of land as determined by U.S. government survey plat by township, range, section and quarter quarter section, fractional lot or government lot.

NR 46.15(20) (20) “Managed forest land” means land designated as such under the forest tax program established in ss. 77.80 to 77.91, Stats.

NR 46.15(20m) (20m) “Management plan” or “plan” means a plan that meets the requirements in s. NR 46.18.

NR 46.15(20s) (20s) “Material change” means a change in statute or administrative code that has a significant negative impact on an existing managed forest law order, as determined by the department when not explicitly stated by the legislature.

NR 46.15(21) (21) “Municipality” means a town, village or city.

NR 46.15(21m) (21m) “Non-productive area” or “non-productive land” means land incapable of producing 20 cubic feet of merchantable timber per acre per year, land unsuitable for producing merchantable timber, or land designated by the owner as part of their 20% allowance of land not producing merchantable timber.

NR 46.15(23) (23) “Owner” or “ownership” means one with an interest in the land in fee or in equity, including that of a grantee of a land contract prior to satisfaction of all conditions of the contract, a trust or similar entity, or as established by statute.

NR 46.15(24) (24) “Owner’s dwelling” means the landowner’s domicile.

NR 46.15(25) (25) “Parcel” means for the purpose of determining eligibility for designation as managed forest land under s. 77.82, Stats., the acreage of contiguous land described in the application which is under the same ownership.

NR 46.15(26m) (26m) “Qualified forester” for the purposes of this subchapter, means any person meeting either the definition of “department forester” in s. NR 1.21 (2) (d) or “forester” in s. NR 1.21 (2) (e).

NR 46.15(26r) (26r) “Restoration” means the management of land to resume compliance with productivity requirements as established in s. 77.82 (1) (a) 2., Stats., and density requirements established in s. NR 46.17 (1) (c) 2.

NR 46.15(28) (28) “Same ownership” means an ownership interest in land in fee or equity by the same person or in joint or co-ownership, whether owned by one owner “and” another or one owner “or” another, as indicated on the instrument of title.

NR 46.15(29) (29) “Sound forestry practices” means timber cutting, transporting and forest cultural methods recommended or approved by the department for the effective propagation and improvement of the various timber types common to Wisconsin. “Sound forestry practices” also may include, where consistent with landowner objectives and approved by the department, the management of forest resources other than trees including wildlife habitat, watersheds, aesthetics and endangered and threatened plant and animal species.

NR 46.15(30) (30) “Standard units of measurement” has the meaning established in s. NR 46.02 (22).

NR 46.15(30m) (30m) “Structures and fixtures needed for sound forestry” means a structure or fixture that is placed on the land for the sole purpose of conducting a forest management practice that is either in the management plan, or agreed upon by the department and the owner.

NR 46.15(31) (31) “Stumpage” has the meaning established in s. NR 46.02 (23).

NR 46.15(32) (32) “Tree scale” has the meaning established in s. NR 46.02 (24).

NR 46.15(32m) (32m) “Utilities” means any of the following:

NR 46.15(32m)(a) (a) Indoor plumbing including water and sewer, piped to either a municipal or septic system.

NR 46.15(32m)(b) (b) Electrical service by connection to the lines of a power company.

NR 46.15(32m)(c) (c) Landline telephone service.

NR 46.15(33) (33) “Wood products” or “forest products” means those items listed on the current schedule of stumpage values in s. NR 46.30.

NR 46.15 History History: Cr. Register,October, 1986, No. 370, eff. 11-1-86; r. and recr. (8), Register, October, 1992, No. 442, eff. 11-1-92; r. (25) (a), renum. (intro.) and (b) and am., Register, October, 1994, No. 466, eff. 11-1-94; r. and recr. (9), Register, December, 1998, No. 516, eff. 1-2-99; correction in (15) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1998, No. 516; correction in (13) made under s. 13.93 (2m) (b) 7., Stats; CR 03-034: cr. (26m) Register October 2003 No. 574, eff. 11-1-03; CR 04-136: cr. (2m) and (20m), am. (21), r. (27) Register July 2005 No. 595, eff. 8-1-05; emerg. cr. (18m) and (20s), eff. 10-4-05; CR 05-087: cr. (18m) and (20s) Register May 2006 No. 605, eff. 6-1-06; CR 07-024: am. (25), Register October 2007 No. 622, eff. 11-1-07; CR 08-023b: cr. (3m), am. (23) Register February 2010 No. 650, eff. 3-1-10; CR 11-013: renum. (1) to be (1m), r. (20s), am. (18), (25), renum. (26) to be (1) and am. Register December 2011 No. 672, eff. 1-1-12; correction in (9) made under s. 35.17, Stats., Register October 2018 No. 754; CR 18-086: r. and recr. (1m), renum. (2) (intro.) to (2) and am., r. (2) (table), am. (16), cr. (17g), (17r), (20s), (21m), r. (22), cr. (26r), (30m), (32m), am. (33) Register February 2020 No. 770, eff. 3-1-20; correction in (30m) made under s. 35.17, Stats., Register February 2020 No. 770.

NR 46.16 NR 46.16 Managed forest land application.

NR 46.16(1) (1) Application deadlines. An application for a new designation or a renewal of land as managed forest land shall be signed by all owners on forms provided by the department and filed as follows:

NR 46.16(1)(a) (a) Applications shall be received by the department no later than June 1 to be considered for designation effective the following January 1.

NR 46.16(1)(d) (d) Lands subject to an ownership change after the application deadline, but before the order of designation has been issued, may not be designated as managed forest land for the year for which the original application was submitted. The new owner may submit a new and complete application by the next applicable deadline. The department may designate land included on the application that remains under the original ownership effective January 1 of the year for which the original application was submitted providing the remaining land qualifies for entry. Ownership changes taking place after the issuance of an order of designation, but before January 1, shall be processed as a normal transfer after January 1, or the order shall be rescinded.

NR 46.16(1)(e) (e) Each application submitted to the department for a new designation or a conversion of forest cropland to managed forest land shall include a nonrefundable application fee of $30.00 per county in which the land that is the subject of the application is located. This fee shall be submitted to the department within 14 days of the submission of the application along with a printed remittance form provided by the department.

NR 46.16 Note Note: This subsection interprets and administers s. 77.82 (2m) and (4), Stats., relating to application fees.

NR 46.16(2) (2) Attachments.

NR 46.16(2)(a) (a) A copy of the recorded legal instrument giving the applicant an ownership interest in the land subject to the application shall accompany and be part of the application.

NR 46.16(2)(b) (b) The applicant shall furnish a copy of a recent property tax bill or other documentation showing the parcel identification number used by that county to identify the specific real estate parcel being applied for designation.

NR 46.16(2)(c) (c) Upon request by the department, the applicant shall also submit a copy of the legal instrument giving the applicant an ownership interest in all land in the same municipality which is contiguous to the land subject to the application.

NR 46.16(2)(d) (d) Upon request by the department, the applicant shall furnish further documentation on the establishment, by-laws, agreements or the status of corporations, partnerships, trusts and cooperatives having an ownership interest in the land subject to the application.

NR 46.16(2)(e) (e) A copy of any certified survey map recorded for the land subject to the application, or referenced in the legal instrument provided under par. (a) and pertaining to land adjacent to land subject to the application shall accompany and be part of the application.

NR 46.16(2)(f) (f) A management plan, on forms provided by the department, signed by all persons with an ownership interest.

NR 46.16(2)(g) (g) A map, on forms provided by the department, showing land eligible for designation and areas designated as closed to public access under s. 77.83, Stats. The map shall show major land features, using conventional map symbols, and vegetation cover types indicating species, size and density where appropriate.

NR 46.16(2)(g)1. 1. Productive cover types must be individually mapped when the cover type consists of 2 or more contiguous acres.

NR 46.16(2)(g)2. 2. For lands designated as managed forest lands prior to January 1, 2022, non-productive areas of the entry must be mapped when any contiguous area of non-productive land is at least 2 acres in size.

NR 46.16(2)(g)3. 3. For lands designated as managed forest lands on or after January 1, 2022, non-productive areas of the entry must be mapped when any contiguous area of non-productive land is at least 1 acre in size.

NR 46.16(2)(h) (h) Reconnaissance data and scheduled practices on electronic forms provided by the department.

NR 46.16 Note Note: Forms can be obtained electronically through the Wisconsin Forest Inventory and Reporting System (WisFIRS).

NR 46.16(3) (3) Encumbrances. Any person holding encumbrances on the land subject to the application shall sign the application prior to its filing to indicate agreement with it.

NR 46.16(4) (4) Unpaid taxes. The applicant shall upon request of the department furnish proof acceptable to the department that taxes are paid in full.

NR 46.16(5) (5) Same ownership. All eligible land under the same ownership and located in the same municipality when applied for designation or renewal in the same year, shall be designated under the same order of designation. All eligible land under the same ownership that crosses any municipal boundary where land designated for entry in any one municipality is less than the minimum parcel size or less than 80% productive, when applied for designation in the same year, shall be designated under the same order of designation. This subsection does not apply to land added to an existing managed forest land entry under sub. (7).

NR 46.16(6) (6) Application amendments. An application for designation of land as managed forest land may be altered or amended to accurately reflect lands eligible for entry prior to issuance of the order of designation.

NR 46.16(7) (7) Additions. An owner may apply to the department to add land to a managed forest land order. To be eligible, the addition shall be a parcel that is at least 3 acres in size and that is contiguous to land that is designated as managed forest land on the date the application for addition is submitted. Land contained in an application for addition shall meet all current eligibility requirements under s. NR 46.17 and s. 77.82 (1) (a), Stats., except for minimum acreage and productivity requirements, which shall be met at the time land is designated as managed forest land. Land contained in an application for addition shall have the same ownership as the existing entry.

NR 46.16(7m) (7m) Renewals.

NR 46.16(7m)(a) (a) All land designated as managed forest land may be eligible for renewal. The department shall approve applications for an additional 25- or 50-year period at the end of an existing order period if all of the following are met:

NR 46.16(7m)(a)1. 1. The land meets all eligibility requirements outlined in s. NR 46.17 and s. 77.82 (1), Stats.

NR 46.16(7m)(a)2. 2. Items listed in s. 77.82 (3) (c), Stats., have been updated within the 5 years prior to the date of the application for renewal and practices in s. NR 46.18 (2) and (3) have been scheduled during the renewal order period; or a new management plan is submitted with the renewal application that meets all management plan requirements for new entries.

NR 46.16(7m)(a)3. 3. The owner is in compliance with all aspects of the management plan that is in effect on the date that the application for renewal is filed.

NR 46.16(7m)(b) (b)

NR 46.16(7m)(b)1. 1. If there is a parcel within the order that is less than 20 acres but greater than or equal to 10 acres, the land may be renewed once.

NR 46.16(7m)(b)4. 4. If the current entry contains a parcel of managed forest land that is less than 20 acres and that parcel will remain less than 20 acres in the renewal period, then the parcel on the renewal application shall be identical to the current enrollment without any changes to acreage other than those provided for in s. NR 46.27 (1). If such a parcel includes an ineligible building or improvement, a withdrawal under s. 77.88 (3j), Stats., may be used to rectify the situation and allow the existing and renewed lands to be identical on the renewal application, subject to constraints provided for in s. 77.88 (3j) (b), Stats. To be considered identical, the withdrawal form shall be submitted before the department can approve the renewal application.

NR 46.16(9) (9) Department prepared applications.