DOA:......Vencill, BB0210 - Managed forest law fees
For 2025-2027 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
NATURAL RESOURCES
Forestry
Managed forest land fees
Under current law, DNR administers the managed forest land (MFL) program, under which the owner of a parcel of land designated as MFL makes an annual acreage share payment in lieu of property taxes. In exchange, the owner must comply with certain forestry practices and, subject to exceptions, must open the land to the public for recreational activities. Certain actions relating to a parcel designated as MFL must be recorded by the appropriate register of deeds and DNR must pay any required fee for the recording.
Under current law, MFL may be transferred from one owner to another with payment of a $100 fee, which is deposited in the conservation fund. Of that amount, $20 is credited to a DNR appropriation for the payment of register of deed fees. Land may also be withdrawn from the MFL program with payment of a $300 fee.
Under this bill, $100 transfer fees and $300 withdrawal fees are deposited in the conservation fund and credited to the DNR appropriation for the payment of fees to the registers of deeds.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 20.370 (2) (cr) of the statutes is amended to read:
20.370 (2) (cr) Forestry — recording fees. From the conservation fund, all moneys received under ss. 77.82 (2m) (d) and (4) and 77.88 (1) (c), (2) (ac) 1., 2., and 3., (am), and (c), (3), (3j) (c), and (3m) for the payment of fees to the registers of deeds under s. 77.91 (5).
****Note: Section 77.88 (5m) establishes the fee amount, but the assessment of the withdrawal fee occurs in numerous other statutes. I have included those in this treatment instead.
Section 2. 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), (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 and 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).
Section 3. 77.88 (5m) of the statutes is amended to read:
77.88 (5m) Withdrawal fee. The withdrawal fee assessed by the department under subs. (1) (c), (2) (ac) 2. and 3., (am), and (c), (3), and (3j) (c), and (3m) shall be $300. The fee shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (2) (cr).
****Note: Sections 77.88 (2) (ac) 3. and (3j) (c) are not currently included in s. 77.88 (5m) but explicitly reference the withdrawal fee. I have added them here and in s. 20.370 (2) (cr).
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