NR 46.165 (3) (c) Completes the a basic training session sponsored by the department.
SECTION 18. NR 46.17 (1) (b) is amended to read:
NR 46.17 (1) (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-stocked non-productive land as defined in s. NR 46.15 (21m) or a combination of those types of land. SECTION 19. NR 46.17 (1) (c) is created to read:
NR 46.17 (1) (c) 1. If the portion of land considered capable of producing merchantable timber in par. (a) does not currently meet density requirements established in subd. 2., it may be designated as managed forest land if the department determines that stocking levels can be increased to be consistent with density requirements and mandatory practices needed to achieve density requirements are established in the management plan, to be completed within a reasonable timeframe.
2. Density requirements 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 requirement.
Stand Size Classes | Tree Diameter Ranges at 4.5 Feet From Ground Level | Minimum Medium Density |
Seedlings | 0”−1” | 800 trees per acre for natural stands. 400 trees per acre for planted stands. |
Saplings | 1”−5” | 400 trees per acre for natural stands. 300 trees per acre for planted stands. |
Pole timber For conifer species For other species | 5”−9” 5”−11” | 7 cords per acre |
Sawtimber For conifer species For other species | 9”+ 11” | 3,000 board feet per acre. |
SECTION 20. NR 46.17 (3) is repealed and recreated to read:
NR 46.17 (3) Buildings on managed forest land. (a) Buildings or improvements associated with buildings.
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.
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). (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:
1. Are not connected to utilities;
2. Are not used as a human residence;
3. Do not interfere with forestry practices; and
4. Are either:
i. Tree stands and hunting blinds owned by, or constructed with permission of, the landowner; or
ii. 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.
(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 cannot include those that meet the definition of a building.
SECTION 21. NR 46.17 (3) Note 1 is repealed.
SECTION 22. NR 46.17 (4) and (5) are created to read:
NR 46.17 (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) 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.
SECTION 23. NR 46.18 (2) (intro.) and (d) are amended to read:
NR 46.18 (2) Mandatory practices. The management plan shall be prepared on forms provided by the department through the Wisconsin Forest Inventory and Reporting System (WisFIRS), signed by all owners and shall include a list of stands subject to mandatory practices, a schedule of completion dates and a description of the mandatory practices to be undertaken during the term of the order. Practices included in the management plan and any additional practices needed to complete a scheduled practice or establish regeneration after a scheduled practice may not be eligible for an analysis under s. NR 46.215 until such practices have been sufficiently attempted, as determined by the department, even if the additional practices are not overtly identified in the management plan. Practices projected beyond the term of the order may be added as appropriate. The following practices, if determined applicable by the department, shall be addressed in the management plan: NR 46.18 (2) (d) Reforestation or afforestation of land to meet one of the following size and minimum medium density requirements established in s. NR 46.17 (1). Stand Size Classes | Tree Diameter Ranges at 4.5 Feet From Ground Level | Minimum Medium Density |
Seedlings | 0”−1” | 800 trees per acre for natural stands. 400 trees per acre for planted stands. |
Saplings | 1”−5” | 400 trees per acre for natural stands. 300 trees per acre for planted stands. |
Pole timber For conifer species For other species | 5”−9” 5”−11” | 7 cords per acre |
Sawtimber For conifer species For other species | 9”+ 11” | 3,000 board feet per acre. |
SECTION 24. NR 46.18 (2) (g) is created to read:
NR 46.18 (2) (g) Restoration of land, if required under s. NR 46.215. SECTION 25. NR 46.18 (3) (b) 1. and (3) (b) 2. a. are amended to read:
NR 46.18 (3) (b) 1. a. For lands designated as managed forest law lands prior to January 1, [LRB inserts second year after rule publication], No no more than 20% of an owner's total contiguous designated managed forest land acreage may be non-stocked non-productive land, land unsuitable for producing merchantable timber, or a combination of both. For purposes of this determination, the department shall consider only cover types comprising 2 or more acres.
b. For lands designated as managed forest law lands after January 1, [LRB inserts second year after rule publication], no more than 20% of an owner's total contiguous designated managed forest land acreage may be non-productive land, land unsuitable for producing merchantable timber, or a combination of both. For purposes of this determination, the department shall consider all contiguous areas comprising 1/2 or more acres.
NR 46.18 (3) (b) 2. a. The creation of openings and other vegetative cover not producing forest products at the level meeting density requirements under s. 77.82 (1) (a) 2., Stats., may be approved so long as the total area of created openings or other vegetative cover, combined with land unsuitable for producing merchantable timber and non-stocked non-productive land, does not exceed 20% of the managed forest land parcel. SECTION 26. NR 46.18 (4) (a) 2. is repealed.
SECTION 27. NR 46.18 (4) (a) 3. is renumbered (4) (a) 3. (intro.) and amended to read:
NR 46.18 (4) (a) 3. The existence and availability for review of a management plan prepared by or for the owner and acceptable to the department. The management plan shall be readily available to the department upon written request or audit. A management plan under this section shall include the all of the following:
SECTION 28. NR 46.18 (4) (a) 3. a. and b. are created to read:
NR 46.18 (4) (a) 3. a. Maps or a GIS database at a scale usable for forest management and showing land eligible for designation. The maps or database shall represent current conditions, and include the requirements provided for in s. 77.82 (3) (c) 4. and 5., Stats. Maps on department forms that show any land designated as open to public recreation and meeting the requirements in s. NR 46.21 (3) (c) shall be provided. b. Reconnaissance data and scheduled practices using the procedure defined in subd. 4.
SECTION 29. NR 46.18 (4) (a) 4. is amended to read:
NR 46.18 (4) (a) 4. Submission of At the time of application to become a large ownership, submission of legal descriptions and maps or aerial photographs that meet the requirements established in s. 77.82 (3) (c) 4. and 5, Stats., for the land being entered, and a written commitment from an owner to provide, upon department request, information from the management plan for review or audit. The commitment shall that describes the management plan that is required in subd. 3. and outline outlines the procedure used to update and amend the management plan, or that fulfills requirements established in subd. 6, if applicable. The information provided in this subdivision shall be updated when land is added to, transferred from, or renewed under the ownership. SECTION 30. NR 46.18 (4) (a) 6. and (Note) are created to read:
NR 46.18 (4) (a) 6. If the land considered for large ownership is under a nationally recognized third-party forest certification standard with a valid certificate held by the MFL owner, the land may qualify as a large ownership without fulfilling requirements under subd. 3 if the owner maintains the third-party certification and provides maps on department forms that show lands designated as open to public recreation and meeting the requirements in s. NR 46.21 (3) (c). NR 46.18 (4) (a) 6. Note: Examples of nationally recognized third-party forest certification standards include American Tree Farm System®, the Forest Stewardship Council®, and the Sustainable Forestry Initiative®.
SECTION 31. NR 46.18 (4) (b) is repealed and recreated to read:
NR 46.18 (4) (b) The department may revoke large ownership status for large ownerships failing to meet requirements established in sub. (a). Large ownerships shall be notified of the cause for revocation in writing, and shall be given one year to develop a management plan under s. 77.82 (3), Stats., that contains all items listed in s. NR 46.16 (2) (f), (g), and (h). SECTION 32. NR 46.18 (4) (c) is created to read:
NR 46.18 (4) (c) Large ownerships shall supply the department, upon written request, any additional information required to determine owner compliance with s. 77.82 (1), Stats., and this section. SECTION 33. NR 46.18 (5) (bm) is amended to read:
NR 46.18 (5) (bm) Management plans for applications under s. NR 46.16 (1) (a) received on or before June 1 or under s. NR 46.16 (1) (cm) received on or before July 1shall be prepared by a certified plan writer or the department itself. SECTION 34. NR 46.18 (5) (dm) is created to read:
NR 46.18 (5) (dm) Management plans submitted by June 1 that are returned to a certified plan writer by the department for revisions shall be resubmitted by September 15. Plans resubmitted after September 15 that are not approvable may be denied. Extensions may be granted with department approval.
