AB856: Bill Text

AB856,6,20 77.82 (1) (a) 1. It consists of at least 20 contiguous acres, which may be composed of individual portions, no smaller than 10 contiguous acres each, that are not contiguous with each other if all individual portions are contained within a tract of contiguous land of 20 acres or more that is under the same ownership, except as provided in this subdivision. The fact that a lake, river, stream , or flowage, a public or private road, or a railroad or utility right-of-way separates any part of the land from any other part does not render a parcel of land noncontiguous . If a part of a parcel of at least 20 contiguous acres is separated from another part of that parcel by a public road, that part of the parcel may be enrolled in the program, even if that part is less than 20 acres, if that part meets the requirement under subd. 2. and is not ineligible under par. (b) and does not render ownership of land noncontiguous. The owner of a parcel of less than 20 acres that is subject to a managed forest land order before April 16, 2016, may apply one time for a renewal of the order under sub. (12) without meeting the 20-acre requirement.

AB856,3 Section 3 . 77.82 (1) (bp) 2. g. of the statutes is repealed.

AB856,4 Section 4 . 77.82 (1) (bp) 4. of the statutes is created to read:

AB856,6,25 77.82 (1) (bp) 4. Notwithstanding par. (b) 3., a building used exclusively for storage that is located on a parcel does not make that parcel ineligible for designation as managed forest land.

AB856,5 Section 5. 77.82 (3) (h) of the statutes is created to read:

AB856,7,3 77.82 (3) (h) 1. Under this paragraph, “large ownership” means 1,000 or more acres of land designated as managed forest land that has the same owner.

AB856,7,6 2. The department may promulgate rules that subject large ownerships to management plan requirements that deviate from the requirements under pars. (ag) to (g).

AB856,6 Section 6. 77.82 (4) of the statutes is amended to read:

AB856,7,24 77.82 (4) Additions to managed forest land. An owner of land that is designated as managed forest land may file an application with the department to designate as managed forest land an additional parcel of land if the additional parcel is at least 3 acres in size and is contiguous to any of land under the same ownership that contains that designated land and any portion not contiguous to that designated land meets the requirements under sub. (1) (a) 1. The application shall be accompanied by a nonrefundable $20 application recording fee unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter. The fee shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (2) (cr). The application shall be filed on a department form and shall contain any additional information required by the department. The tax rate applicable to an addition under this subsection shall be the tax rate currently applicable to the parcel to which the land is being added. The eligibility requirements applicable to an addition under this subsection are the eligibility requirements under the order that designated the parcel to which the land is being added.

AB856,7 Section 7. 77.82 (11) of the statutes is renumbered 77.82 (11) (a) and amended to read:

AB856,8,9 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.

AB856,8,21 (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.

AB856,8 Section 8. 77.83 (2) (ar) of the statutes is repealed.

AB856,9 Section 9. 77.84 (1) of the statutes is amended to read:

AB856,9,6 77.84 (1) Tax roll. Each clerk of a municipality in which the land is located shall enter in a special column or other appropriate place on the tax roll the description of each parcel of land designated as managed forest land, and shall specify, by the designation “MFL-O" or “MFL-C", the acreage of each parcel that is designated open or closed under s. 77.83. The land shall be assessed and is subject to review under ch. 70. Except as provided in this subchapter, no tax may be levied on managed forest land, except that any building on managed forest land is subject to taxation as personal property under ch. 70.

AB856,10 Section 10. 77.88 (2) (ac) 3. of the statutes is amended to read:

AB856,9,13 77.88 (2) (ac) 3. If the transferee does not provide the department with the certification required under subd. 1., the department shall issue an order withdrawing the land and shall may assess against the transferee the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the transferee is not entitled to a hearing on an order withdrawing land under this subdivision.

AB856,11 Section 11. 77.88 (2) (c) of the statutes is amended to read:

AB856,9,20 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 (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.

AB856,12 Section 12. 77.88 (3) (am) of the statutes is amended to read:

AB856,9,25 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 assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).

AB856,13 Section 13. 77.88 (3) (b) (intro.) of the statutes is amended to read:

AB856,10,6 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 assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m) if all of the following apply:

AB856,14 Section 14. 77.88 (3j) (title) of the statutes is amended to read:

AB856,10,9 77.88 (3j) (title) Voluntary withdrawal; other construction; small land sales.

AB856,15 Section 15. 77.88 (3j) (a) 1. of the statutes is amended to read:

AB856,10,12 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.

AB856,16 Section 16. 77.88 (3k) of the statutes is amended to read:

AB856,10,23 77.88 (3k) Voluntary withdrawal; productivity. 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 , but if the land remaining after the withdrawal will not meet the eligibility requirements under the order designating the managed forest land, the order shall withdraw the entire parcel. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed.

AB856,17 Section 17. 77.88 (3L) of the statutes is amended to read:

AB856,11,10 77.88 (3L) Voluntary withdrawal; sustainability. 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, but if the land remaining after the withdrawal will not meet the eligibility requirements under the order designating the managed forest land, the order shall withdraw the entire parcel. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed.

AB856,18 Section 18. 77.88 (3m) of the statutes is repealed.

AB856,19 Section 19. 77.88 (5m) of the statutes is amended to read:

AB856,11,14 77.88 (5m) Withdrawal fee. The withdrawal fee assessed by the department under subs. (1) (c), (2) (ac) 2., (am), and (c), and (3), and (3m) shall be $300.

AB856,20 Section 20. Initial applicability.

AB856,11,18 (1) Minimum acreage. The treatment of s. 77.82 (1) (a) 1. first applies to land designated as managed forest land by an order issued on the effective date of Section 101 (2) of 2015 Wisconsin Act 358.

AB856,11,21 (2) Buildings on parcels. The treatment of s. 77.82 (1) (bp) 2. g. and 4. first applies to land designated as managed forest land under an order issued or renewed on the effective date of Section 101 (3) of 2015 Wisconsin Act 358.

AB856,11,23 (3) Material change. The treatment of s. 77.82 (11) first applies to a statutory change in an act that takes effect on the effective date of this subsection.

AB856,11,24 (End)