Chapter NR 46

NR 46.185(3) (3) Expiration of notices of intent to cut. If the cutting has not commenced within 1 year of cutting notice submission or approval, as provided in s. 77.86 (3), Stats., the department may renew the cutting notice if all of the following apply:

NR 46.185(3)(a) (a) The owner or filer are in communication with the department and have adequately shown that a plan for the cutting within a reasonable timeframe is in place.

NR 46.185(3)(b) (b) A new notice would not be significantly different from the cutting notice on file, as determined by the department.

NR 46.185 History History: CR 18-086: cr. Register February 2020 No. 770, eff. 3-1-20; correction in (1) made under s. 35.17, Stats., Register February 2020 No. 770.

NR 46.19 NR 46.19 Closed area.

NR 46.19(1) (1) Closed acreage limit. An owner of land designated as managed forest land may designate a maximum of 320 acres in the municipality as closed to public access in accordance with sub. (3).

NR 46.19(3) (3) Closed area configuration. A closed area may consist of any combination of the following:

NR 46.19(3)(a) (a) A parcel or parcels of managed forest land.

NR 46.19(3)(b) (b) All of an owner’s managed forest land within quarter quarter sections, government lots, or fractional lots.

NR 46.19(3)(c) (c) An additional block of acreage within a quarter quarter section, government lot or fractional lot, if the additional block is contiguous to existing closed acreage, if applicable, and does not exceed a length to width ratio of 4 to 1, unless limited by the size of the entry.

NR 46.19 Note Note: This section interprets s. 77.83 (1), Stats., which provides further direction on the establishment or designation of closed areas.

NR 46.19 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; am. Register, October, 1995, No. 478, eff. 11-1-95; CR 04-136: r. and recr. Register July 2005 No. 595, eff. 8-1-05; CR 18-086: am. (1), r. (2), r. and recr. (3) Register February 2020 No. 770, eff. 3-1-20.

NR 46.20 NR 46.20 Public access.

NR 46.20(1) (1) Public access requirements. The owner of managed forest land shall provide public access on foot to land designated as open to public access for activities authorized in s. 77.83 (2) (a), Stats., unless it has been designated closed under s. 77.83 (1) (a), Stats. Public access on foot to open managed forest land shall satisfy one of the following conditions:

NR 46.20(1)(a) (a) Contiguous to public land. The land designated as open managed forest land is contiguous to other land or public roads that are open to public access on foot. Lands contiguous to other land open to public access at a single point are not considered to have met this requirement.

NR 46.20(1)(b) (b) Easement or agreement. By easement or agreement, the owner has obtained a reasonable route or location at which the public may access the open managed forest land on foot by crossing land that is not generally considered open to public access, which shall be designated in accordance with s. NR 46.21 (3).

NR 46.20(1)(c) (c) Other land under same ownership. The land designated as open managed forest land is accessible from other land or public roads that are open to public access on foot by crossing contiguous land of the owner which is not entered as managed forest land or is contiguous managed forest land of the owner which has been designated closed under s. 77.83 (2) (a), Stats. The owner may not restrict public access for activities authorized in s. 77.83 (2) (a), Stats., through or across such land except the access across such land may be limited to a reasonable corridor or location, which shall be designated in accordance with s. NR 46.21 (3).

NR 46.20(2) (2) Open land agreement. An owner who chooses to designate any of their managed forest land as open shall certify on department-prepared forms that there is public access on foot to the land designated as open and that if the access changes or is removed during the order period the owner shall notify the department and change the designation of the land to closed under s. 77.83 (1) (a), Stats., if access meeting the requirements in this section can no longer be achieved.

NR 46.20 Note Note: This section interprets and administers s. 77.83 (2) and (3), Stats., which establish and provide further requirements to keep land open for certain public uses and authorizes the department to establish posting standards.

NR 46.20 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; CR 18-086: r. and recr. Register February 2020 No. 770, eff. 3-1-20.

NR 46.21 NR 46.21 Posting standards.

NR 46.21(1) (1) Sign standards. Signs designating open and closed managed forest lands shall meet all of the following requirements:

NR 46.21(1)(a) (a) Are a minimum size of 11 inches by 11 inches.

NR 46.21(1)(b) (b) Are in conspicuous view.

NR 46.21(1)(c) (c) Are a minimum of 4 feet above the ground.

NR 46.21(1)(d) (d) Are at an interval of at least 2 per one quarter mile on the boundary of the designated area or as otherwise approved by the department.

NR 46.21(1)(e) (e) All print is of equal size to other print on the sign, if sign standards are required under sub. (2) or (3).

NR 46.21(2) (2) Closed areas. Closed areas may be posted with commonly used no trespass signs or signs indicating the land is closed to public access or trespass, in conformance with this section and s. 943.13, Stats.

NR 46.21(3) (3) Open areas.

NR 46.21(3)(a) (a) Open areas are not required to be posted to identify they are managed forest land unless otherwise required in this section.

NR 46.21(3)(b) (b) Open areas may be posted in conformance with this section and s. 943.13, Stats., against uses other than hunting, fishing, hiking, sight-seeing and cross-country skiing as long as the posted signs indicate the land is managed forest land and the land is open to the public for hunting, fishing, hiking, sight-seeing and cross-country skiing.

NR 46.21(3)(c) (c) The method of public access to the land designated as open shall be clearly explained on the managed forest law map required under s. NR 46.25 as a comment. In addition to the explanation, if access to open managed forest land is across lands not open to public access, as provided in s. NR 46.20 (1) (b) or (c), the location of the access shall be reasonably and clearly identified on signs meeting the requirements of this section. Signs shall be at locations and in sufficient number to provide reasonable notice to those attempting access. The location of the sign or signs that show the access route or location and that are closest to the access point from a public road or other land open to public access shall be indicated on the managed forest law map required under s. NR 46.25. If the location of the sign indicating the access route or location changes during the order period, the owner shall notify the department.

NR 46.21(4) (4) Commercial logging posting.

NR 46.21(4)(a) (a) Land within 300 feet of a commercial logging operation may not be posted to restrict public access prior to the date cutting commences.

NR 46.21(4)(b) (b) Restricted area signing for commercial logging operations may be continued only if 50% or more of the volume identified in the approved cutting notice or prescribed by the approved management plan is cut within one year of the date cutting is commenced and continues as indicated to the department.

NR 46.21 Note Note: This section interprets and administers s. 77.83 (3), Stats., which authorizes the department to establish design standards for signs.

NR 46.21 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; CR 18-086: r. and recr. (1), am. (2) (a), r. (2) (b), am. (3) (c) Register February 2020 No. 770, eff. 3-1-20; (2) (a) renum. to (2) under s. 13.92 (4) (b) 1., Stats., and correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register February 2020 No. 770.

NR 46.215 NR 46.215 Productivity.

NR 46.215(1) (1) The department may require that an owner of managed forest land attempt to restore non-productive lands if it determines that all of the following conditions are met:

NR 46.215(1)(a) (a) The managed forest land parcel is not 80% productive as provided for in s. 77.82 (1) (a) 2., Stats., or land that is part of the 80% productive portion of the parcel does not meet density standards established in s. NR 46.17 (1) (c) 1.

NR 46.215(1)(b) (b) It is reasonably possible for the land to be restored so the parcel resumes compliance within a reasonable timeframe, based on guidelines specific to Wisconsin cover types.

NR 46.215(1)(c) (c) The estimated cost of restoration is less than the estimated withdrawal tax for the withdrawal of the minimum number of acres under s. NR 46.22 (1). To determine the estimated cost of restoration the department shall use data obtained through the administration of subch. VII of ch. NR 47 and may take into consideration any pertinent state grants available. Owners may dispute restoration cost estimates determined in this subdivision by obtaining and submitting to the department 3 quotes for the practices. Owners may be required to obtain quotes if the department has insufficient data from the administration of subch. VII of ch. NR 47.

NR 46.215(2) (2) If restoration is required under sub. (1), the management plan on file with the department shall be amended to include restoration practices that are agreed upon by the owner and the department.

NR 46.215(2)(a) (a) The department may order a withdrawal under s. 77.88 (1), Stats., if an owner chooses not to adopt adequate restoration practices or if the department determines that the owner has not sufficiently attempted the restoration practices adopted in the management plan.

NR 46.215(2)(b) (b) The department may order a withdrawal under s. 77.88 (3k) or (3L), Stats., of the minimum number of whole acres needed to be withdrawn for the parcel to resume compliance with productivity requirements if restoration practices are adopted into the management plan and the restoration is sufficiently attempted, as determined by the department, but is not successful within the timeframe established in the management plan. If determined appropriate, the department and the owner may agree to extend the timeframe of the restoration.

NR 46.215 History History: CR 18-086: cr. Register February 2020 No. 770, eff. 3-1-20; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2020 No. 770.

NR 46.22 NR 46.22 Withdrawal.

NR 46.22(1) (1) Withdrawal by department order.

NR 46.22(1)(a) (a) The department may conduct any investigation necessary on managed forest land for purposes of ensuring compliance with program provisions provided in this chapter and subch. VI of ch. 77, Stats.

NR 46.22(1)(b) (b) The department may order withdrawal of land under s. 77.88 (1), Stats., if the land comprises any of the following:

NR 46.22(1)(b)1. 1. An entire quarter quarter section, government lot or fractional lot of managed forest under the same order.

NR 46.22(1)(b)2. 2. An entire parcel of managed forest land.

NR 46.22(1)(b)3. 3. All managed forest land under the same order owned by the owner in a quarter quarter section, government lot or fractional lot.

NR 46.22(1)(c) (c) Land remaining after a withdrawal under this section shall meet eligibility requirements established in s. 77.82 (1), Stats., or the entire parcel of managed forest land may need to be withdrawn as provided for in s. 77.88 (1), Stats.

NR 46.22(2) (2) Voluntary withdrawal deadlines. Voluntary withdrawals submitted for processing under s. 77.88 (3), (3j), (3k), and (3L), Stats., shall be filed with the department on forms provided by the department. Eligible requests received by the department no later than December 1 will be effective by the following January 1. Eligible requests for withdrawal received by the department after December 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.

NR 46.22 Note Note: Forms for withdrawal must be filed by the deadline. Forms for withdrawal may be obtained online at dnr.wi.gov, search keywords “Managed Forest Law”.

NR 46.22(3) (3) Voluntary withdrawal; other construction; small land sales.

NR 46.22(3)(a) (a) Owners of managed forest land requesting to voluntarily withdraw land under s. 77.88 (3j), Stats., are responsible for all of the following:

NR 46.22(3)(a)1. 1. Following any local ordinances that may apply to construction or land sales.

NR 46.22(3)(a)2. 2. Providing a map or detailed written description that clearly defines the area requesting to be withdrawn in enough detail that the department is able to delineate the boundaries of the area requesting to be withdrawn and verify the acreage of the area. If the request does not clearly describe the area to be withdrawn, the department may deny the request for withdrawal.

NR 46.22(3)(b) (b) A withdrawal under this subsection may be used to rectify violations related to eligibility requirements established in s. 77.82 (1) (b), Stats., subject to the constraints established in s. 77.88 (3j) (b), Stats.

NR 46.22(4) (4) Voluntary withdrawal; productivity; sustainability. Upon the request of an owner of managed forest land to withdraw part of a parcel under s. 77.88 (3k) or (3L), Stats., the department shall order withdrawal of the minimum number of whole acres that is necessary for the parcel to resume productivity requirements established in s. 77.82 (1), Stats., if all of the following apply:

NR 46.22(4)(a) (a) The department determines that the likely cause of the inability to meet productivity standards was a significant change in environmental or ecological condition that has occurred since the time of enrollment and the owner is not required to attempt restoration due to economic or other conditions as provided for in s. NR 46.215; or the department determines that the parcel does not meet productivity standards as a result of a land conveyance as described in s. NR 46.23.

NR 46.22(4)(b) (b) The anticipated cause of the change in suitability of the parcel is not due to owner noncompliance with the program as established in this chapter and subch. VI of ch. 77, Stats., or noncompliance with management guidance to address forest regeneration or health concerns that have foreseeable repercussions on stand productivity. For the purposes of this paragraph, areas cleared under an easement for a public road or railroad or utility right-of-way are considered outside of owner control and not an issue of compliance.

NR 46.22 Note Note: Commonly accepted forest health guidelines can be found in Chapter 8 of the Department’s Forest Management Guidelines PUB-FR-226. Forest regeneration concerns may include high deer population, invasive species, and other characteristics evaluated on a site-specific basis.

NR 46.22 Note Note: This section interprets and administers s. 77.88 (1), Stats., which authorizes the department to withdraw land from managed forest land designation and is consistent with the voluntary withdrawal provisions under s. 77.88 (2), Stats., as it relates to the minimum size of a description of land that may be withdrawn.

NR 46.22 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; am. Register, October, 2000, No. 538, eff. 11-1-00; CR 18-086: r. and recr. (1), am. (2), cr. (3), (4) Register February 2020 No. 770, eff. 3-1-20; correction in (4) (intro.), (b) made under s. 35.17, Stats., Register February 2020 No. 770.

NR 46.23 NR 46.23 Sale or transfer.

NR 46.23(1) (1) Department ordered transfers. Upon conveyance of managed forest land, the new owner of managed forest land shall file a transfer form or voluntarily withdraw all of the land conveyed within 30 days of the change in ownership. Failure to file a transfer form may render the managed forest land ineligible for continued designation. The department shall only issue an order transferring eligible conveyed land, except as provided in sub. (2m) (b). After the land conveyance, the department shall investigate both the land conveyed and the land retained, if any, to determine if eligibility requirements established in s. 77.82 (1), Stats., are met and may transfer or withdraw land subject to all of the following:

NR 46.23(1)(a) (a) If after a land conveyance the department determines a parcel meets all eligibility requirements other than that provided for in s. 77.82 (1) (a) 2., Stats., a partial withdrawal may occur under s. 77.88 (3k) or (3L), Stats., to allow the parcel to resume compliance with s. 77.82 (1) (a) 2., Stats. If after a withdrawal under s. 77.88 (3k) and (3L), Stats., the land no longer meets eligibility requirements due to parcel size, the land may be withdrawn as provided for in par. (b).

NR 46.23(1)(b) (b) If the department determines that the land conveyed does not meet the eligibility requirements under subch. VI of ch. 77, Stats., except as provided for in par. (a), or a transfer form is not filed with the department, the department shall issue an order withdrawing the ineligible land. The withdrawal tax and fee under s. 77.88 (5) and (5m), Stats., shall be assessed on the land ineligible for continuation. If eligible land remains after such a withdrawal, the department shall issue an order transferring those lands if a transfer form for the eligible lands is filed with the department.

NR 46.23(1)(c) (c) If the department determines that the land retained after the conveyance, if any, does not meet the eligibility requirements under subch. VI of ch. 77, Stats., except as provided for in par. (a), the department shall issue an order withdrawing the ineligible land. The withdrawal tax and fee under s. 77.88 (5) and (5m), Stats., shall be assessed on the land ineligible for continuation.

NR 46.23(2m) (2m) Land conveyed from a large ownership.

NR 46.23(2m)(a) (a) A management commitment under s. NR 46.18 (4) (a) 4. does not qualify as a management plan under s. 77.88 (2) (ac), Stats., unless considerations under s. NR 46.18 (4) (a) are met. The transferee shall provide a management plan under s. 77.82 (3), Stats., with all items listed under s. NR 46.16 (2) (f), (g), and (h) and shall submit the management plan to the department for approval within one year of transfer.

NR 46.23(2m)(b) (b) If parcel size requirements are met, land conveyed from a large ownership may be transferred even if eligibility criteria established in s. 77.82 (1) (a) 2., Stats., are not met, provided that upon the submission of the management plan required in par. (a), the owner voluntarily withdraws any ineligible acres following the procedure in sub. (1) (a).

NR 46.23(2m)(c) (c) Land conveyed from a large ownership that does not meet requirements in pars. (a) and (b) within one year of the transfer shall be withdrawn under s. 77.88 (1), Stats. The withdrawal tax and fee under s. 77.88 (5) and (5m), Stats., shall be calculated on the transferred land and issued to the owners of record.

NR 46.23(3) (3) Public access designation. Eligible transfers requesting a change in the “open/closed” designation shall be in writing on department forms filed with and received by the department by December 1 for the change in the “open/closed” status to be eligible to be effective the following January 1. Requests for transfers, which change the “open/closed” designation, received by the department after December 1 but 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.

NR 46.23(4) (4) Attachments. Each transfer request shall be on forms provided by the department and include the following:

NR 46.23(4)(a) (a) A copy of the recorded legal instrument giving the transferee an ownership interest in the land subject to the transfer.

NR 46.23(4)(b) (b) A copy of any certified survey map recorded for the transferred land transfer, or referenced in the legal instrument provided under par. (a).

NR 46.23(4)(c) (c) 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 transferred.

NR 46.23 Note Note: Forms for transferring managed forest land should be sent to the DNR forester in the county where the land is located. Forms may be obtained online at dnr.wi.gov, search keywords “Managed Forest Law”.

NR 46.23 Note Note: This section interprets s. 77.88 (2), Stats., which establishes further standards for transfer or sale of managed forest land.

NR 46.23(5) (5) Transfer Fee. Thirty dollars for each county included on the application to transfer shall be credited to the appropriation under s. 20.370 (2) (cr), Stats., from the transfer fee collected under s. 77.88 (2) (ac), Stats. The amount credited may not exceed the transfer fee collected.

NR 46.23 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; renum. to be (1), cr. (2), Register, October, 1989, No. 406, eff. 11-1-89; am. (1), Register, October, 1990, No. 418, eff. 11-1-90; cr. (3), Register, October, 2000, No. 538, eff. 11-1-00; CR 04-136: am. (2), cr. (4) Register July 2005 No. 595, eff. 8-1-05; CR 07-024: cr. (5), Register October 2007 No. 622, eff. 11-1-07; CR 11-013: cr. (2m), am. (4), (5) Register December 2011 No. 672, eff. 1-1-12; correction in (2m), (5), made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register October 2018 No. 754; CR 18-086: r. and recr. (1), r. (2), renum. (2m) to (2m) (a) and am., cr. (2m) (title), (b), (c), am. (3) Register February 2020 No. 770, eff. 3-1-20; correction in (1) (a) to (c), (2m) (c) made under s. 35.17, Stats., Register February 2020 No. 770.

NR 46.24 NR 46.24 Alternative withdrawal tax.

NR 46.24(1) (1) Estimate. If calculated by the department, the determination of the withdrawal tax under s. 77.88 (5) (af) 2., Stats., shall be based on merchantable timber volume estimated from department forest cover type maps indicating timber size and density classes or from aerial photographic interpretation and values established by the current stumpage value schedule pursuant to s. 77.91 (1), Stats.

NR 46.24(2) (2) Accuracy. If the estimate of merchantable volume of timber for the purpose of calculating the alternative withdrawal tax under s. 77.88 (5) (af) 2., Stats., is made by an estimator other than the department, the cruise shall be established by on site sampling at an accuracy level ±15% to ±20% at 2 standard deviations for any one owner in a single municipality. The cost of such an estimate shall be paid by the landowner.

NR 46.24(3) (3) Merchantable timber. For the purpose of calculating the 5% stumpage value alternative for the withdrawal tax under s. 77.88 (5) (af) 2., Stats., timber shall be considered merchantable if the department determines it is: