Chapter NR 46

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 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; am. (1) (c), Register, October, 1985, No. 358, eff. 11-1-85.

NR 46.09 NR 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 Note Note: Forms for withdrawal must be filed by the deadline. Forms may be obtained online at dnr.wi.gov, search keyword “FCL”.

NR 46.09 History History: Cr. Register, October, 2000, No. 538, eff. 11-1-00.

NR 46.10 NR 46.10 Forestry practices.

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 History History: CR 18-086: cr. Register February 2020 No. 770, eff. 3-1-20.

subch. III of ch. NR 46 Subchapter III — Managed Forest Land

NR 46.15 NR 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 Note Note: 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(2m) (2m) “Certified plan writer” means a person certified by the department under s. NR 46.165.

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 Note Note: 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.

NR 46.15(5) (5) “Correction order” means an order of the department to correct a previously issued managed forest land order.

NR 46.15(6) (6) “Cover type” means vegetation of a predominant species or group of species, or, if timber, by predominant species or group of species, size and density, which is an area 2 acres or more in size.

NR 46.15(7) (7) “Department” means the department of natural resources.

NR 46.15(8) (8) “Developed for commercial recreation” means the alteration of the land or its features or the addition of improvements which impede, interfere with or prevent the practice of forestry.

NR 46.15(9) (9) “Developed for human residence” means land that contains a building for habitation that is constructed or used as a domicile or that has a minimum of 5 of the following 8 characteristics:

NR 46.15(9)(a) (a) 800 square feet or more in total area, using exterior dimensions of living space, including each level and not including porches, decks or uninsulated screen porches.

NR 46.15(9)(b) (b) Indoor plumbing including water and sewer, piped to either municipal or septic system.

NR 46.15(9)(c) (c) Central heating or cooling, including electric heat, a furnace or heat with a circulation system.

NR 46.15(9)(d) (d) Full or partial basement, excluding crawl spaces and frost walls.

NR 46.15(9)(e) (e) Electrical service by connection to the lines of a power company.

NR 46.15(9)(f) (f) Attached or separate garage, not to include buildings for vehicles used primarily for work or recreation on the property.

NR 46.15(9)(g) (g) Telephone service based locally.

NR 46.15(9)(h) (h) Insulated using common insulation products.

NR 46.15 Note Note: “Developed for human residence” is not meant to include storage or workshop buildings. If there is living space as part of such buildings, the living space will be compared against the 8 characteristics.

NR 46.15(10) (10) “Developed for industry” means the alteration or use of the land for the purpose of conducting trade, production or manufacturing activities other than forest products production.

NR 46.15(11) (11) “Developed for use incompatible with the practice of forestry” means the alteration or use of the land for any purpose which impedes, interferes with or prevents the practice of forestry.

NR 46.15 Note Note: This definition does not prevent activities authorized in a department approved management plan.

NR 46.15(12) (12) “Domicile” means a place of permanent residence evidenced by voting, personal income tax or driver’s license records.

NR 46.15(13) (13) “Encumbrance” has the meaning specified in s. 409.102 (1) (hs), Stats.

NR 46.15(14) (14) “Farmland” means former agricultural land lying idle and presently not producing 20 cubic feet of merchantable timber per acre per year.

NR 46.15 Note Note: Active agricultural land is not eligible for entry as it is an incompatible use.

NR 46.15(15) (15) “Fishing” has the meaning specified in s. 29.001 (27), Stats.

NR 46.15(16) (16) “Grazing” means the feeding on living plants by domestic animals except by animals used as a silvicultural tool to accomplish a sound forestry practice, as approved by the department.

NR 46.15(17) (17) “Hunting” means shooting, shooting at, pursuing, taking, catching or killing any wild animal or animals other than by trapping.

NR 46.15(17g) (17g) “Hunting blind” means a structure that is used exclusively for hunting.

NR 46.15(17r) (17r) “Improvements associated with a building” means any of the following:

NR 46.15(17r)(a) (a) A structure or fixture that is attached to a building or that is appurtenant to a building.

NR 46.15(17r)(b) (b) A structure or fixture that provides a specific purpose or use related to the use of a building.

NR 46.15(17r)(c) (c) A structure or fixture for which the intent is that it becomes a permanent addition to a building.

NR 46.15(18) (18) “Incompatible with existing uses of the land” means land which is within a recorded plat, whether as a subdivision defined under s. 236.02 (12), Stats., or other division of land recorded pursuant to s. 236.03 (1), Stats.

NR 46.15(18m) (18m) “Independent certified plan writer” means a certified plan writer not acting under contract with the department.

NR 46.15(19) (19) “Legal description” means the location of land as determined by U.S. government survey plat by township, range, section and quarter quarter section, fractional lot or government lot.

NR 46.15(20) (20) “Managed forest land” means land designated as such under the forest tax program established in ss. 77.80 to 77.91, Stats.

NR 46.15(20m) (20m) “Management plan” or “plan” means a plan that meets the requirements in s. NR 46.18.

NR 46.15(20s) (20s) “Material change” means a change in statute or administrative code that has a significant negative impact on an existing managed forest law order, as determined by the department when not explicitly stated by the legislature.

NR 46.15(21) (21) “Municipality” means a town, village or city.

NR 46.15(21m) (21m) “Non-productive area” or “non-productive land” means land incapable of producing 20 cubic feet of merchantable timber per acre per year, land unsuitable for producing merchantable timber, or land designated by the owner as part of their 20% allowance of land not producing merchantable timber.

NR 46.15(23) (23) “Owner” or “ownership” means one with an interest in the land in fee or in equity, including that of a grantee of a land contract prior to satisfaction of all conditions of the contract, a trust or similar entity, or as established by statute.

NR 46.15(24) (24) “Owner’s dwelling” means the landowner’s domicile.

NR 46.15(25) (25) “Parcel” means for the purpose of determining eligibility for designation as managed forest land under s. 77.82, Stats., the acreage of contiguous land described in the application which is under the same ownership.

NR 46.15(26m) (26m) “Qualified forester” for the purposes of this subchapter, means any person meeting either the definition of “department forester” in s. NR 1.21 (2) (d) or “forester” in s. NR 1.21 (2) (e).

NR 46.15(26r) (26r) “Restoration” means the management of land to resume compliance with productivity requirements as established in s. 77.82 (1) (a) 2., Stats., and density requirements established in s. NR 46.17 (1) (c) 2.

NR 46.15(28) (28) “Same ownership” means an ownership interest in land in fee or equity by the same person or in joint or co-ownership, whether owned by one owner “and” another or one owner “or” another, as indicated on the instrument of title.

NR 46.15(29) (29) “Sound forestry practices” means timber cutting, transporting and forest cultural methods recommended or approved by the department for the effective propagation and improvement of the various timber types common to Wisconsin. “Sound forestry practices” also may include, where consistent with landowner objectives and approved by the department, the management of forest resources other than trees including wildlife habitat, watersheds, aesthetics and endangered and threatened plant and animal species.

NR 46.15(30) (30) “Standard units of measurement” has the meaning established in s. NR 46.02 (22).

NR 46.15(30m) (30m) “Structures and fixtures needed for sound forestry” means a structure or fixture that is placed on the land for the sole purpose of conducting a forest management practice that is either in the management plan, or agreed upon by the department and the owner.

NR 46.15(31) (31) “Stumpage” has the meaning established in s. NR 46.02 (23).

NR 46.15(32) (32) “Tree scale” has the meaning established in s. NR 46.02 (24).

NR 46.15(32m) (32m) “Utilities” means any of the following:

NR 46.15(32m)(a) (a) Indoor plumbing including water and sewer, piped to either a municipal or septic system.

NR 46.15(32m)(b) (b) Electrical service by connection to the lines of a power company.

NR 46.15(32m)(c) (c) Landline telephone service.

NR 46.15(33) (33) “Wood products” or “forest products” means those items listed on the current schedule of stumpage values in s. NR 46.30.

NR 46.15 History History: Cr. Register,October, 1986, No. 370, eff. 11-1-86; r. and recr. (8), Register, October, 1992, No. 442, eff. 11-1-92; r. (25) (a), renum. (intro.) and (b) and am., Register, October, 1994, No. 466, eff. 11-1-94; r. and recr. (9), Register, December, 1998, No. 516, eff. 1-2-99; correction in (15) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1998, No. 516; correction in (13) made under s. 13.93 (2m) (b) 7., Stats; CR 03-034: cr. (26m) Register October 2003 No. 574, eff. 11-1-03; CR 04-136: cr. (2m) and (20m), am. (21), r. (27) Register July 2005 No. 595, eff. 8-1-05; emerg. cr. (18m) and (20s), eff. 10-4-05; CR 05-087: cr. (18m) and (20s) Register May 2006 No. 605, eff. 6-1-06; CR 07-024: am. (25), Register October 2007 No. 622, eff. 11-1-07; CR 08-023b: cr. (3m), am. (23) Register February 2010 No. 650, eff. 3-1-10; CR 11-013: renum. (1) to be (1m), r. (20s), am. (18), (25), renum. (26) to be (1) and am. Register December 2011 No. 672, eff. 1-1-12; correction in (9) made under s. 35.17, Stats., Register October 2018 No. 754; CR 18-086: r. and recr. (1m), renum. (2) (intro.) to (2) and am., r. (2) (table), am. (16), cr. (17g), (17r), (20s), (21m), r. (22), cr. (26r), (30m), (32m), am. (33) Register February 2020 No. 770, eff. 3-1-20; correction in (30m) made under s. 35.17, Stats., Register February 2020 No. 770.

NR 46.16 NR 46.16 Managed forest land application.

NR 46.16(1) (1) Application deadlines. An application for a new designation or a renewal of land as managed forest land shall be signed by all owners on forms provided by the department and filed as follows:

NR 46.16(1)(a) (a) Applications shall be received by the department no later than June 1 to be considered for designation effective the following January 1.

NR 46.16(1)(d) (d) Lands subject to an ownership change after the application deadline, but before the order of designation has been issued, may not be designated as managed forest land for the year for which the original application was submitted. The new owner may submit a new and complete application by the next applicable deadline. The department may designate land included on the application that remains under the original ownership effective January 1 of the year for which the original application was submitted providing the remaining land qualifies for entry. Ownership changes taking place after the issuance of an order of designation, but before January 1, shall be processed as a normal transfer after January 1, or the order shall be rescinded.

NR 46.16(1)(e) (e) Each application submitted to the department for a new designation or a conversion of forest cropland to managed forest land shall include a nonrefundable application fee of $30.00 per county in which the land that is the subject of the application is located. This fee shall be submitted to the department within 14 days of the submission of the application along with a printed remittance form provided by the department.

NR 46.16 Note Note: This subsection interprets and administers s. 77.82 (2m) and (4), Stats., relating to application fees.