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 NR 46.18 (2) (d) (Table) is repealed.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 is repealed.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:
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 35. 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 managed forest land 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 36. 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 37. 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 38. 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 39. 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 40. 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 keywords “Managed Forest Law”.
SECTION 41. 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 need 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 program requirements. The land may be withdrawn under s. 77.88 (1), Stats., if the owner does not make necessary amendments to the plan. Reasons for amending a plan may include: (a) Landowner requests a change that maintains the management plan’s compliance with the provisions of this chapter and subch. IV or ch. 77, Stats. (b) The original plan is inaccurate or missing information.
(c) On the ground conditions have changed since the time of entry to the extent that the prescribed practices in the plan are no longer considered sound forestry practices
(d) Changes in silvicultural research and practices, including invasive species management, to the extent that the prescribed practices in the plan are no longer considered sound forestry practices.
SECTION 42. 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 43. 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 44. NR 46.19 (1) (Note) and (2) are repealed.
