2021 Wisconsin Act 230

230,12 Section 12. 77.82 (11) of the statutes is renumbered 77.82 (11) (a) and amended to read:

77.82 (11) (a) An order issued under this subchapter shall constitute a contract between the state and the owner and shall remain in effect for the period specified in the application unless the land is withdrawn under s. 77.84 (3) (b) or 77.88. Except as provided in subs. (3) (f) and (11m), the department may not amend or otherwise change the terms of an order or management plan to conform with changes made to any provision of this subchapter subsequent to the date on which the order was entered or the plan was approved.

(b) If a statute is enacted or a rule is promulgated during the period of the order that materially changes the terms of the order as provided under this paragraph, the landowner shall elect between acceptance of modifications to the contract consistent with the provisions of the statute or rule or voluntary withdrawal of the land without penalty. A statutory change does not constitute a material change to an order unless, in the act that makes the change, the legislature states that the act or a provision in the act makes a material change to orders entered into under prior law. A promulgated rule does not constitute a material change to an order unless the rule includes a statement that the rule constitutes a material change to orders entered into under prior rules and the department includes in its report to the legislature under s. 227.19 (2) a statement that the rule constitutes a material change to orders entered into under prior rules and an analysis of this determination.

230,13 Section 13. 77.83 (2) (ar) of the statutes is repealed.

230,15 Section 15. 77.88 (2) (ac) 1. of the statutes is amended to read:

77.88 (2) (ac) 1. If the land transferred under par. (a) meets the eligibility requirements under s. 77.82 (1) (a) and, (ag), and (b), the land shall continue to be designated as managed forest land if the transferee, within 30 days after a transfer of ownership, files a form provided by the department signed by the transferee. By signing the form, the transferee certifies to the department an intent to comply with the existing management plan for the land and any amendments to the plan. The transferee shall provide proof that each person holding any encumbrance on the land agrees to the designation. The transferee may designate an area of the transferred land closed to public access as provided under s. 77.83. The department shall issue an order continuing the designation of the land as managed forest land under the new ownership. The transferee shall pay a $100 fee that will accompany the report. The fee shall be deposited in the conservation fund. Twenty dollars of the fee or a different amount of the fee as may be established under subd. 2. shall be credited to the appropriation under s. 20.370 (2) (cr). The department shall immediately notify each person entitled to notice under s. 77.82 (8).

230,16 Section 16. 77.88 (2) (am) of the statutes is amended to read:

77.88 (2) (am) Transferred land; requirements not met. If the land transferred under par. (a) does not meet the eligibility requirements under s. 77.82 (1) (a) and , (ag), and (b), the department shall issue an order withdrawing the land from managed forest land designation and shall may assess against the owner a withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).

230,17 Section 17. 77.88 (2) (b) of the statutes is amended to read:

77.88 (2) (b) Remaining land; requirements met. If the land remaining after a transfer under par. (a) meets the eligibility requirements under s. 77.82 (1) (a) and , (ag), and (b), the remaining land shall continue to be designated as managed forest land.

230,18 Section 18. 77.88 (2) (c) of the statutes is amended to read:

77.88 (2) (c) Remaining land; requirements not met. If the land remaining after a transfer under par. (a) does not meet the eligibility requirements under s. 77.82 (1) (a) and, (ag), and (b), the department shall issue an order withdrawing the land and shall may assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the owner is not entitled to a hearing on an order withdrawing land under this paragraph.

230,19 Section 19. 77.88 (2) (d) of the statutes is created to read:

77.88 (2) (d) Transfer of unenrolled land. If the owner of a tract of land under s. 77.82 (1) (ag) 1. b. sells or otherwise transfers land within the tract that is not subject to a managed forest land order, the transferee shall notify the department of the transfer.

230,20 Section 20. 77.88 (3) (am) of the statutes is amended to read:

77.88 (3) (am) Entire parcels. Upon request of an owner of managed forest land to withdraw an entire parcel of managed forest land, the department shall issue an order withdrawing the land and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).

230,21 Section 21. 77.88 (3) (b) (intro.) of the statutes is amended to read:

77.88 (3) (b) Parts of parcels. (intro.) Upon request of an owner of managed forest land to withdraw part of a parcel of managed forest land, the department shall issue an order withdrawing the land subject to the request and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m) if all of the following apply:

230,22 Section 22. 77.88 (3j) (title) of the statutes is amended to read:

77.88 (3j) (title) Voluntary withdrawal; other construction; small land sales.

230,23 Section 23. 77.88 (3j) (a) 1. of the statutes is amended to read:

77.88 (3j) (a) 1. The purpose for which the owner requests that the department withdraw the land is for the sale of the land or for a construction site.

230,24 Section 24. 77.88 (3j) (a) 4. of the statutes is amended to read:

77.88 (3j) (a) 4. The land remaining after withdrawal meets the eligibility requirements under s. 77.82 (1) (a) and, (ag), and (b).

230,25 Section 25. 77.88 (3k) of the statutes is renumbered 77.88 (3k) (intro.) and amended to read:

77.88 (3k) Voluntary withdrawal; productivity. (intro.) Upon the request of an owner of managed forest land to withdraw part of a parcel of the owner's land, the department shall issue an order of withdrawal if the department determines that the parcel is unable to produce merchantable timber in the amount required under s. 77.82 (1) (a) 2. The order shall withdraw only the number of acres that is necessary for the parcel to resume its ability to produce the required amount. or (ag) 2. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed. The order shall withdraw only the number of acres that is necessary for the parcel to resume its ability to produce the required amount, except that all of the following apply:

230,26 Section 26. 77.88 (3k) (a) and (b) of the statutes are created to read:

77.88 (3k) (a) If the land remaining in the parcel after the requested withdrawal does not meet the eligibility requirements under the order designating the managed forest land, the withdrawal order shall withdraw the entire parcel.

(b) If the land subject to a managed forest land order after the requested withdrawal does not meet the eligibility requirements under that managed forest land order, the withdrawal order shall withdraw all land under that managed forest land order.

230,27 Section 27. 77.88 (3L) of the statutes is renumbered 77.88 (3L) (intro.) and amended to read:

77.88 (3L) Voluntary withdrawal; sustainability. (intro.) Upon the request of an owner of managed forest land to withdraw part of a parcel of the owner's land, the department shall issue an order of withdrawal if the department determines that the parcel is unsuitable, due to environmental, ecological, or economic concerns or factors, for the production of merchantable timber. The order shall withdraw only the number of acres that is necessary for the parcel to resume its sustainability to produce merchantable timber. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed. The order shall withdraw only the number of acres that is necessary for the parcel to resume its sustainability to produce merchantable timber, except that all of the following apply:

230,28 Section 28. 77.88 (3L) (a) and (b) of the statutes are created to read:

77.88 (3L) (a) If the land remaining in the parcel after the requested withdrawal does not meet the eligibility requirements under the order designating the managed forest land, the withdrawal order shall withdraw the entire parcel.

(b) If the land subject to a managed forest land order after the requested withdrawal does not meet the eligibility requirements under that managed forest land order, the withdrawal order shall withdraw all land under that managed forest land order.

230,29 Section 29 . 77.88 (8) (a) 4. of the statutes is created to read:

77.88 (8) (a) 4. Transfers ownership of managed forest land for a public purpose to a city, village, town, or county that is a taxing jurisdiction, as defined under s. 70.114 (1) (f), for the land.

230,30 Section 30 . 77.88 (8) (b) of the statutes is amended to read:

77.88 (8) (b) The department may not order withdrawal of land remaining after a transfer of ownership is made under par. (a) 1., 2., or 3. or after a lease is entered into under par. (a) 3. unless the remainder fails to meet the eligibility requirements under s. 77.82 (1).

230,31 Section 31. Initial applicability.

(1) Buildings on parcels. The treatment of s. 77.82 (1) (bp) 1. a. and 4. first applies to land designated as managed forest land under an order issued or renewed on April 16, 2016.

(2) Material change. The treatment of s. 77.82 (11) first applies to a statutory change or a rule change that takes effect on the effective date of this subsection.