NR 46.17 (4) Withdrawn land. Land withdrawn under s. 77.88 (1), (3k), or (3L), Stats., for failure to meet productivity requirements provided for in s. NR 46.17(1)(c)2., may not be eligible for reentry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.
SECTION 35. NR 46.18 (6) Note (1) is amended to read:
Note: Requests to change the open/closed status shall be filed by the deadline at: Division of Forestry, Bureau of Forest Management, Forest Tax Section, PO Box 7963, Madison, WI 53707. Forms may be obtained online at dnr.wi.gov, search keyword “MFL”.
SECTION 36. NR 46.18 (9) and (10) are created to read:
NR 46.18 (9) Identified Risk. Forest regeneration or health concerns that have foreseeable repercussions on stand productivity shall be identified in the management plan. These identified risks to lands enrolled that are identified in the management plan may not be the cause for an analysis under s. NR 46.215. NR 46.18 (10) Amending a management plan. Owners may be required to amend their management plan under s. 77.82 (3) (f), Stats., to maintain compliance with the provisions of this chapter and subch. IV of ch. 77, Stats., when taking actions in accordance with an existing management plan may conflict with sound forestry or program requirements. The land may be withdrawn under s. 77.88 (1), Stats., if the owner does not agree to amend the plan. SECTION 37. NR 46.185 is created to read:
NR 46.185 Forestry practices. (1) Incomplete notice of intent to cut. In accordance with s. 77.86(1)(b), landowners shall file a notice of intent to cut on department forms prior to cutting on managed forest law lands. Incomplete notices shall be returned to the submitter to be completed. The complete notice shall be submitted 30 days before cutting takes place. (2) notices of intent to cut that require department approval. Department approval of a submitted complete notice is required prior to harvest if any of the following apply:
(a) The notice does not conform to the approved management plan in place for the managed forest law land subject to the notice.
(b) The notice is not consistent with sound forestry.
(c) The owner requests on the form that the department review the notice.
(d) The person who submits the notice does not certify on the form that they meet one of the requirements provided in s. 77.86 (1) (b) 2., Stats. (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: (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.
(b) A new notice would not be significantly different from the cutting notice on file, as determined by the department.
SECTION 38. NR 46.19 (1) is amended to read:
NR 46.19 (1) Closed acreage limit. An owner of land designated as managed forest land effective on or after April 28, 2004 may designate a maximum of 160 320 acres in the municipality as closed to public access in accordance with sub. (3). Not more than 80 acres or 2 legal descriptions may be land designated as managed forest land prior to April 28, 2004. SECTION 39. NR 46.19 (1) (Note) and (2) are repealed.
