NR 46.16 (7) Additions. An owner may apply to the department to designate 10 or more acres of land as managed forest land which is 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 was is designated as managed forest land on or after April 28, 2004 as an addition to the previously designated and contiguous managed forest land the date the application for addition is submitted. If the application for an addition is for land which is contiguous to land that was designated as managed forest land on or after April 28, 2004 in an adjacent municipality, the land must be designated under a separate order if it meets the eligibility requirements under s. NR 46.17 and s. 77.82 (1) (a), Stats. 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. SECTION 17. NR 46.16 (7m) and (10) are created to read:
NR 46.16 (7m) Renewals. (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:
1.The land meets all eligibility requirements outlined in s. NR 46.17 and s. 77.82 (1), Stats., 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. 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.
(b) 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.
2. 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 (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. SECTION 18. NR 46.165 (3) (c) is amended to read:
NR 46.165 (3) (c) Completes the a basic training session sponsored by the department.
SECTION 19. 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 20. 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 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 requirements are established in the management plan.
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 21. 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 may not include those that meet the definition of a building.
SECTION 22. NR 46.17 (3) Note 1 is repealed.
SECTION 23. 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 24. NR 46.18 (2) (intro.) is 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, if requested by the landowner. The following practices, if determined applicable by the department, shall be addressed in the management plan: SECTION 25. NR 46.18 (2) (d) (intro.) is renumbered 46.16 (2) (d) and amended to read:
NR 46.18 (2) (d) Reforestation or afforestation of land to meet one of the following size and minimum medium density classifications: requirements established in s. NR 46.17 (1). SECTION 26. NR 46.18 (2) (d) (Table) is repealed.
SECTION 27. 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 28. NR 46.18 (3) (b) 1. is renumbered 46.18 (3) (b) 1. a. and 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.
SECTION 29. NR 46.18 (3) (b) 1. b. is created to read:
NR 46.18 (3) (b) 1. 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.
SECTION 30. NR 46.18 (3) (b) 2. a. is amended to read:
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 31. NR 46.18 (4) (a) 2. is repealed.
SECTION 32. 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 33. 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 34. NR 46.18 (4) (a) 4. is amended to read:
