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)(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)(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)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)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)(a)(a) The department shall refer all requests for managed forest law applications to certified plan writers.
NR 46.16(9)(b)
(b) The department may agree to develop an application to be filed under s.
77.82 (2),
(4),
(4m), or
(12), Stats., if, by the January 1 prior to the application deadline, services by an independent certified plan writer are not available in the county in which the land is located. The department shall notify the owner in writing if the department agrees to prepare the management plan. Managed forest law applications includes requirements under s.
77.82 (2),
(2m), and
(3), Stats., and s.
NR 46.16 (1),
(2),
(3), and
(6), and s.
NR 46.18.
NR 46.16(10)
(10)
Application submission and data collection. All applications submitted to the department shall be completed and submitted electronically through the Wisconsin Forest Inventory and Reporting System (WisFIRS) by a certified plan writer, unless a certified plan writer is unavailable, as provided for in s.
77.82 (3) (am), Stats.
NR 46.16 Note
Note: This section interprets and administers s.
77.82 (1),
(2) and
(7) (c), Stats., relating to submission of a petition for designation, and s.
77.82 (7) (a) 5., Stats., regarding payment of taxes. Further petitioning requirements and provisions are contained in s.
77.82 (2), Stats.
NR 46.16 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86; cr. (7),
Register, October, 1987, No. 382, eff. 11-1-87; am. (4),
Register, October, 1990, No. 418, eff. 11-1-90; cr. (1) (c),
Register, October, 1994, No. 466, eff. 11-1-94; am. (1) (b),
Register, October, 1995, No. 478, eff. 11-1-95; am. (2),
Register, October, 1997, No. 502, eff. 11-1-97; cr. (8),
Register, December, 1998, No. 516, eff. 1-2-99; cr. (1) (b) 3.,
Register, October, 2000, No. 538, eff. 11-1-00;
CR 03-034: am. (1) (c)
Register October 2003 No. 574, eff. 11-1-03;
CR 04-136: r. and recr. (1), am. (2) (a) and (7), cr. (2) (e)
Register July 2005 No. 595, eff. 8-1-05;
CR 07-024: cr. (1) (e), am. (5),
Register October 2007 No. 622,. eff. 11-1-07;
CR 09-031: am. (5)
Register November 2009 No. 647, eff. 12-1-09; CR 08-023b: am. (1) (b) and (6)
Register February 2010 No. 650, eff. 3-1-10;
CR 10-031: cr. (1) (cm), am. (7)
Register October 2010 No. 658, eff. 11-1-10;
CR 11-013: am. (1) (intro.), (a), (cm), (d), (e), (2) (a) to (e), (3) to (7), r. (1) (b), (c), (8), cr. (2) (f), (g), (h), (9)
Register December 2011 No. 672, eff. 1-1-12; correction in (9) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2017 No. 733;
CR 18-086: am. (1) (intro.), (a), r. (1) (cm), am. (1) (d), (e), renum. (2) (g) to (2) (g) (intro.), cr. (2) (g) 1. to 3., am. (2) (h), (5), (7), cr. (7m), (10), am. (3) (c) Register February 2020 No. 770, eff. 3-1-20; correction in (2) (f), (7m) (a) 1. made under s. 35.17, Stats., Register February 2020 No. 770. NR 46.165(1)(1)
Purpose. The purpose of this section is to establish a program to identify and qualify non-department individuals to become certified to prepare management plans for the department under the managed forest land program.
NR 46.165(2)
(2) Training materials and guidance. The department shall provide training materials and department guidance for management plan development.
NR 46.165(3)
(3) Certification requirements. The department shall certify an individual as a plan writer if the individual:
NR 46.165(3)(a)
(a) Applies and submits information required consistent with application deadlines specified by the department on forms prepared and provided by the department for certification to prepare applications under the managed forest land program.
NR 46.165(3)(c)
(c) Completes a basic training session sponsored by the department.
NR 46.165(3)(d)
(d) Submits within 120 days of attending the basic training session under par.
(c) any required training materials which must be reviewed and approved by the department.
NR 46.165(4)
(4) Certification maintenance. To maintain plan writer certification, the certified plan writer shall:
NR 46.165(4)(a)
(a) Comply with all guidelines, manuals and directives provided by the department at the time of application and during training to maintain certification status.
NR 46.165(4)(b)
(b) Prepare a minimum of one managed forest law management plan every 2 years which has been approved by the department.
NR 46.165(4)(c)
(c) Attend one department sponsored update training session each year.
NR 46.165(4)(d)
(d) Prepare managed forest law management plans consistent with department guidelines, manuals and directives.
NR 46.165(4)(f)
(f) On or before May 1 of each year submit a report of managed forest law management plan fees charged as an independent certified plan writer during the preceding 12 months in a method approved by the department. The report shall include the cost per acre, the county where the land was located and the acres covered by the plan.
NR 46.165(5)(a)
(a) The department may revoke the certification of a plan writer for failure to comply with any certification maintenance requirements in sub.
(4).
NR 46.165(5)(b)
(b) Revocation may be for a period of no more than 2 years if revocation is the result of failure to comply with sub.
(4) (a) or
(d).
NR 46.165(5)(c)
(c) Certified plan writers shall be notified of the cause for revocation.
NR 46.165(6)(a)(a) If certification was revoked for a failure to comply with sub.
(4) (b),
(c),
(e) or
(f), the individual may immediately apply to be certified by completing the requirements under sub.
(3).
NR 46.165(6)(b)
(b) If certification was revoked for a failure to comply with sub.
(4) (a) or
(d), the individual may not apply to be certified until the period of revocation has been completed. Applicants shall:
NR 46.165(6)(b)2.
2. Submit within 120 days of attending the basic training session 2 managed forest law management plans prepared after the certification was revoked which are approved by the department.
NR 46.165 History
History: CR 04-136: cr.
Register July 2005 No. 595, eff. 8-1-05; emerg. cr. (4) (f) and am. (6) (a), eff. 10-4-05;
CR 05-087: cr. (4) (f), am. (6) (a)
Register May 2006 No. 605, eff. 6-1-06;
CR 10-031: am. (4) (f)
Register October 2010 No. 658, eff. 11-1-10;
CR 11-013: am. (3) (a), (d), (4) (f)
Register December 2011 No. 672, eff. 1-1-12;
CR 18-086: am. (3) (c) Register February 2020 No. 770, eff. 3-1-20.
NR 46.17
NR 46.17
Managed forest land eligibility. NR 46.17(1)(a)
(a) A minimum of 80% of an entire managed forest land parcel shall be capable of producing merchantable timber as defined in s.
NR 46.15 (2).
NR 46.17(1)(b)
(b) No more than 20% of a managed forest land parcel may consist of land unsuitable for producing merchantable timber as provided in s.
77.82 (1) (b) 1., Stats., or non-productive land as defined in s.
NR 46.15 (21m) or a combination of those types of land.
NR 46.17(1)(b)1.
1. For purposes of this determination, for lands designated as managed forest lands prior to January 1, 2022, the department shall consider only contiguous areas of non-productive land that comprise 2 or more acres.
NR 46.17(1)(b)2.
2. For purposes of this determination, for lands designated as managed forest lands on or after January 1, 2022, the department shall consider only contiguous areas of non-productive land that comprise 1 or more acres.
NR 46.17(1)(c)1.1. If the portion of land considered capable of producing merchantable timber in par.
(a) does not meet density requirements established in subd.
2., it may be designated as managed forest land if the department determines that, within a reasonable timeframe, stocking levels can be increased to be consistent with density requirements and mandatory practices needed to achieve density standards are established in the management plan.
NR 46.17(1)(c)2.
2. Density standards established in the table below do not address other stand-level regeneration guidelines, such as adequate levels of pre-harvest and post-harvest advanced regeneration or percent stocking to ensure continued stand productivity. On a site-by-site basis, site conditions, species, and other regeneration guidelines specific to Wisconsin cover types may be evaluated to determine an alternative density standard.
-
See PDF for table 
NR 46.17(2)
(2) Minimum width. The minimum width of managed forest land is 120 feet except that segments less than 120 feet in width are permitted if the length to width ratio does not exceed 4 to 1.
NR 46.17(3)(a)(a)
Buildings or improvements associated with buildings. NR 46.17(3)(a)1.
1. For lands designated or renewed as managed forest land in 2017 and later, a building or an improvement associated with a building that is placed or constructed on land renders the land not eligible for designation.
NR 46.17(3)(a)2.
2. For lands designated as managed forest land prior to 2017, a building is allowed if it is not considered developed for human residence as defined in s.
NR 46.15 (9).
NR 46.17(3)(b)
(b)
Hunting blinds. Tree stands and hunting blinds are permitted on lands enrolled in the managed forest law program if they meet all of the following criteria:
NR 46.17(3)(b)4.a.
a. Tree stands and hunting blinds owned by, or constructed with permission of, the landowner; or
NR 46.17(3)(b)4.b.
b. Portable tree stands and hunting blinds placed on land designated as open to public access by a member of the public, and completely removed each day at the close of shooting hours.
NR 46.17(3)(c)
(c)
Structures and fixtures needed for sound forestry. Structures and fixtures placed on land enrolled in managed forest law for this purpose shall be removed following the completion of the practice. Structures and fixtures needed for sound forestry may not include those that meet the definition of a building.
NR 46.17(4)
(4)
Withdrawn land. Land withdrawn under s.
77.88 (1),
(3k), or
(3L), Stats., for failure to meet productivity requirements provided for in s.
NR 46.17 (1) (c) 2., may not be eligible for reentry in the program unless the department determines that there has been an environmental, ecological, or economic change that would allow the land to meet density requirements as provided for in s.
NR 46.17 (1) (c) 2., and productivity requirements as provided for in s.
77.82 (1), Stats.
NR 46.17(5)
(5)
Leases or agreements. An owner of managed forest land may enter into a lease or agreement on such lands so long as the terms of the lease or agreement do not conflict or interfere with any aspect of this chapter or subch.
VI of ch. 77, Stats.
NR 46.17 Note
Note: This section interprets and administers s.
77.82 (1), Stats., which describes further the eligibility requirements.
