NR 46.02(15)(15) “Non-productive area” means lands not producing or incapable of producing wood products. NR 46.02(15m)(15m) “Open areas” means nonproductive areas capable of producing merchantable timber when stocked with suitable forest trees. NR 46.02(16)(16) “Petitioner or applicant” means any or all persons who have an ownership interest either in fee or equity with full control over forest practices on the lands. NR 46.02(17)(17) “Practice forestry”, “sound forestry practices” and “sound forestry” mean sound and commonly accepted timber cutting, transporting and forest cultural methods recommended or approved by a qualified forester of the department for most effective propagation and improvement of the various timber types common to Wisconsin. NR 46.02(18)(18) “Public roads and railroad rights-of-way” means public roads or railroad rights-of-way active or abandoned, in public or railroad ownership. NR 46.02(19)(19) “Qualified forester” means a forester having a bachelor or higher degree from a school of forestry. NR 46.02(20)(20) “Quarter-quarter section” means a regular one-sixteenth part of a section, the boundaries of which are determined by a correctly executed subdivision of the section involved, as determined by U.S. government survey plat. NR 46.02(21)(21) “Renewal” means a continuation of an entry under the laws upon mutual consent of the landowner and department. NR 46.02(22)(a)1.1. “Sawlogs-board feet” means forest products that have the following minimum specifications: NR 46.02(22)(a)2.2. The required scaling method for sawlogs shall be according to the Scribner Decimal C log rule. NR 46.02(22)(b)(b) “Cord” means 128 cubic feet including wood, air and bark assuming careful piling. Forest products described as cords are further defined to include all cut products not meeting the minimum specifications in par. (a) for sawlogs and which are not listed as piece products in par. (c). NR 46.02(22)(c)(c) Piece products. Per piece, post, pole or Christmas tree. NR 46.02(23)(23) “Stumpage” means the quantity of merchantable timber by product and species as listed in s. NR 46.30. NR 46.02(24)(24) “Tree scale” means the measurement of merchantable volume of standing trees. NR 46.02(24m)(24m) “Understocked areas” means forest lands not meeting the minimum medium density classification (source, DNR Manual Code 8625.2) described in the following size classes: NR 46.02 NoteNote: DNR Manual Code is available for inspection at any DNR office.
NR 46.02(25)(25) “Wood products” or “forest products” means those items listed on the current forest crop law stumpage values. NR 46.02 HistoryHistory: Cr. Register, January, 1980, No. 289, eff. 2-1-80; cr. (15m) and (24m), Register, October, 1983, No. 334, eff. 11-1-83; cr. (intro.) and am. (23), Register, October, 1986, No. 370, eff. 11-1-86; r. and recr. (22) (a) and (b), Register, October, 1991, No. 430, eff. 11-1-91; CR 10-031: am. (24m) Register October 2010 No. 658, eff. 11-1-10; correction in (intro.) made under s. 13.92 (4) (b) 7., stats. Register December 2011 No. 672; CR 18-086: am. (25) Register February 2020 No. 770, eff. 3-1-20; correction in (22) (a) 1. made under s. 35.17, Stats., Register February 2020 No. 770. NR 46.03NR 46.03 Petitions or applications. NR 46.03(1)(1) The forest cropland program is no longer open for enrollment or renewal. NR 46.03 HistoryHistory: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 18-086: r. and recr. Register February 2020 No. 770, eff. 3-1-20. NR 46.04NR 46.04 Requests or petitions for hearing. NR 46.04(1)(1) Requests for hearing on forest croplands petitions shall include the basis or reasons for the request. NR 46.04 NoteNote: Entry criteria contained in s. NR 46.06. NR 46.04(2)(2) Requests or petitions for hearings on the continued eligibility of lands entered under the forest croplands or woodland tax law programs shall include an allegation, with a statement of facts to support such, that the lands to which the request or petition applies are ineligible for continuation due to its failure to comply with the criteria required by law. NR 46.04 NoteNote: Continued entry criteria contained in s. NR 46.06 and s. 77.02, Stats. NR 46.04 HistoryHistory: Cr. Register, January, 1980, No. 289, eff. 2-1-80. NR 46.05NR 46.05 Forms. All notices, reports, plans, petitions and applications required or filed under the forest croplands or woodland tax law shall be on forms prepared and provided by the department. NR 46.05 HistoryHistory: Cr. Register, January, 1980, No. 289, eff. 2-1-80. NR 46.06NR 46.06 Determination on petition. NR 46.06(1)(1) Lands upon which a petition has been filed shall be entered as forest croplands upon a finding by the department that: NR 46.06(1)(a)(a) The lands considered for entry comprise an entire quarter-quarter section, fractional lot or government lot as determined by U.S. government survey plat, excluding public roads and railroad rights-of-way; and NR 46.06(1)(b)(b) The facts give reasonable assurance that a stand of merchantable timber will be developed within a reasonable period of time; and NR 46.06(1)(c)(c) That such lands are then being held permanently for the growing of timber under sound forestry practices rather than for other purposes; and NR 46.06(1)(d)(d) That all persons holding encumbrances against such lands have in writing agreed to the petition. NR 46.06(2)(2) The lands are capable of supporting a stand of merchantable timber containing a minimum tree stocking as provided in s. NR 46.02 (5) and are capable of producing wood products within 100 years from the date of entry. NR 46.06(3)(3) In determining whether a petitioner is holding lands permanently for the growing of timber and other products, the department shall consider: NR 46.06(3)(a)(a) All relevant testimony and evidence of record presented by the petitioner and others. NR 46.06(3)(b)(b) The location of the land in relation to residential, recreational, agricultural or commercial development. NR 46.06(3)(g)(g) Navigable waters on or in the vicinity of the lands. NR 46.06(3)(h)(h) The presence of surface disturbance in the form of mining or landfill operations. NR 46.06(3)(k)(k) Location of incorporated limits of cities and registered plats. NR 46.06(3)(L)(L) The existence of landscaping or ornamental plants, or the alteration of vegetation adjacent to or near any buildings or structures. NR 46.06(4)(4) In determining whether the petitioner intends to hold the lands permanently and manage them under sound forestry practices, the department shall consider: NR 46.06(4)(a)(a) All relevant statements, testimony and evidence of record presented by the petitioner and others. NR 46.06(4)(b)(b) Knowledge or training of the petitioner regarding forestry or forestry practices. NR 46.06(4)(c)(c) Forestry management plans developed by or at the request of the petitioner. NR 46.06(4)(d)(d) Past forestry practices conducted by or at the direction of the petitioner. NR 46.06 HistoryHistory: Cr. Register, January, 1980, No. 289, eff. 2-1-80. NR 46.07(1)(1) The following lands are ineligible for entry, continuation or renewal as forest croplands: NR 46.07(1)(a)(a) Lands within the incorporated limits of cities or registered plats. NR 46.07(1)(b)(b) A quarter-quarter section, fractional or government lot upon which is located a domicile. NR 46.07(1)(c)(c) Lands which, if entered, continued or renewed, would result in the petitioner or owner having contiguous forest croplands of which the total non-productive area exceeds 20%. NR 46.07(1)(d)(d) Lands upon which surface disturbance in the form of mining or landfill operations is present. NR 46.07(1)(e)(e) Lands which show the existence of landscaping or ornamental plants, or the alteration of vegetation adjacent to or near any buildings or structures. NR 46.07(1)(f)(f) Lands which cannot comply with the eligibility requirements contained in s. NR 46.06 except those lands presently entered under the forest cropland program containing less than an entire quarter-quarter section, fractional or government lot as determined by U.S. government survey excluding public roads and railroad rights-of-ways that are eligible for continuation. NR 46.07 HistoryHistory: Cr. Register, January, 1980, No. 289, eff. 2-1-80; am. (1) (c), Register, October, 1985, No. 358, eff. 11-1-85. NR 46.09NR 46.09 Forest croplands withdrawals. A completed declaration of withdrawal on a department form shall be filed with the department. Requests received by the department no later than October 1 on department forms will be eligible to be effective the following January 1. Forms received by the department after October 1 and before the end of the year shall be effective January 1 of the second year beginning after the year in which the form is received. Delays in processing created by local governments or the department of revenue, or failure to pay the withdrawal penalty on a timely basis may mean a delay in the effective date of the withdrawal. NR 46.09 NoteNote: Forms for withdrawal must be filed by the deadline. Forms may be obtained online at dnr.wi.gov, search keyword “FCL”.
NR 46.09 HistoryHistory: Cr. Register, October, 2000, No. 538, eff. 11-1-00. NR 46.10(1)(1) Incomplete cutting notices. Incomplete cutting notices shall be returned. NR 46.10(2)(2) Cutting notices that require department approval. Department approval of a submitted complete cutting notice is required prior to harvest if any of the following apply: NR 46.10(2)(a)(a) The cutting notice is not consistent with sound forestry. NR 46.10(2)(b)(b) The owner requests on the form that the department review the cutting notice. NR 46.10(2)(c)(c) The person who submits the cutting notice does not certify on the form that they meet one of the requirements provided in s. 77.06 (1) (b) 2., Stats. NR 46.10 HistoryHistory: CR 18-086: cr. Register February 2020 No. 770, eff. 3-1-20. NR 46.15NR 46.15 Definitions. For terms used in this subchapter, the following definitions apply: NR 46.15(1)(1) “Applicant” means any person who has an ownership interest either in fee or equity or established by statute. NR 46.15(1m)(1m) “Building” means any structure that is used for or able to be used for sheltering people, machinery, animals, or plants, for storing property, or for gathering, working, office, parking, or display space. Camping trailers and recreational vehicles that are not connected to utilities or set upon a foundation, in whole or in part, for more than a temporary time and that are used as temporary living quarters for recreation, camping, or seasonal purposes are not considered buildings for the purpose of the managed forest law program. NR 46.15(2)(2) “Capable of producing 20 cubic feet of merchantable timber per acre per year” means land determined by the department to be capable of such production based on site conditions and scientific information specific to Wisconsin cover types. NR 46.15 NoteNote: Copies of normal yield tables are available for review at the Department of Natural Resources, 101 South Webster St., Box 7921, Madison, WI 53707.
NR 46.15(3)(3) “Commercial logging operation” means the cutting of forest products in accordance with the department approved management plan, under a written contract or by employees of the owner, during a specified time period. NR 46.15(3m)(3m) “Consideration” means a benefit to the promisor or a detriment to the promisee, including the receipt of cash, goods, or in-kind services. Consideration does not include payments received from a governmental body or non-profit organization where the purpose of the payment is to provide public access for a recreational activity. NR 46.15 NoteNote: This definition clarifies the legislative intent of 2007 Wisconsin Act 20 which prohibits receiving consideration for recreation on MFL land. The definition of “consideration” is not meant to prohibit landowners, neighbors, and friends from assisting each other in property management activities, such as clearing and maintaining fences, watching each other’s properties, or sharing land management activities (such as conducting timber stand and wildlife habitat improvement projects where several parties could collectively supply the proper equipment). The definition of “consideration” is also not meant to prohibit hunters and other recreational users from thanking landowners for recreating on their lands or providing a gift for the use of the land, as long as the gift is reasonable and given freely. DNR encourages friendly hunter-landowner relationships. The definition of “consideration” is meant to prevent landowners from requiring cash, goods, and services from recreational users as a condition for using lands under the MFL program for recreational uses. In other words, landowners are prohibited from requiring that a recreational user pay cash (for example pay a lease on non-MFL lands, a hunting lodge or cabin, vehicle parking space, or making a donation to a charity or fund raiser), provide a material good (for example an ATV, culvert, gravel, television, or any other household or non-household item), or provide a service (for example shingle and put siding on a house, build a wildlife pond, restore an antique automobile, bail hay or harvest grain, etc.) as a condition for permitting recreation on their MFL land. NR 46.15(4)(4) “Contiguous” means in actual contact with or touching at some point.
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