NR 46.165 HistoryHistory: CR 04-136: cr. Register July 2005 No. 595, eff. 8-1-05; emerg. cr. (4) (f) and am. (6) (a), eff. 10-4-05; CR 05-087: cr. (4) (f), am. (6) (a) Register May 2006 No. 605, eff. 6-1-06; CR 10-031: am. (4) (f) Register October 2010 No. 658, eff. 11-1-10; CR 11-013: am. (3) (a), (d), (4) (f) Register December 2011 No. 672, eff. 1-1-12; CR 18-086: am. (3) (c) Register February 2020 No. 770, eff. 3-1-20. NR 46.17NR 46.17 Managed forest land eligibility. NR 46.17(1)(a)(a) A minimum of 80% of an entire managed forest land parcel shall be capable of producing merchantable timber as defined in s. NR 46.15 (2). NR 46.17(1)(b)(b) No more than 20% of a managed forest land parcel may consist of land unsuitable for producing merchantable timber as provided in s. 77.82 (1) (b) 1., Stats., or non-productive land as defined in s. NR 46.15 (21m) or a combination of those types of land. NR 46.17(1)(b)1.1. For purposes of this determination, for lands designated as managed forest lands prior to January 1, 2022, the department shall consider only contiguous areas of non-productive land that comprise 2 or more acres. NR 46.17(1)(b)2.2. For purposes of this determination, for lands designated as managed forest lands on or after January 1, 2022, the department shall consider only contiguous areas of non-productive land that comprise 1 or more acres. NR 46.17(1)(c)1.1. If the portion of land considered capable of producing merchantable timber in par. (a) does not meet density requirements established in subd. 2., it may be designated as managed forest land if the department determines that, within a reasonable timeframe, stocking levels can be increased to be consistent with density requirements and mandatory practices needed to achieve density standards are established in the management plan. NR 46.17(1)(c)2.2. Density standards established in the table below do not address other stand-level regeneration guidelines, such as adequate levels of pre-harvest and post-harvest advanced regeneration or percent stocking to ensure continued stand productivity. On a site-by-site basis, site conditions, species, and other regeneration guidelines specific to Wisconsin cover types may be evaluated to determine an alternative density standard. NR 46.17(2)(2) Minimum width. The minimum width of managed forest land is 120 feet except that segments less than 120 feet in width are permitted if the length to width ratio does not exceed 4 to 1. NR 46.17(3)(a)(a) Buildings or improvements associated with buildings. NR 46.17(3)(a)1.1. For lands designated or renewed as managed forest land in 2017 and later, a building or an improvement associated with a building that is placed or constructed on land renders the land not eligible for designation. NR 46.17(3)(a)2.2. For lands designated as managed forest land prior to 2017, a building is allowed if it is not considered developed for human residence as defined in s. NR 46.15 (9). NR 46.17(3)(b)(b) Hunting blinds. Tree stands and hunting blinds are permitted on lands enrolled in the managed forest law program if they meet all of the following criteria: NR 46.17(3)(b)4.a.a. Tree stands and hunting blinds owned by, or constructed with permission of, the landowner; or NR 46.17(3)(b)4.b.b. Portable tree stands and hunting blinds placed on land designated as open to public access by a member of the public, and completely removed each day at the close of shooting hours. NR 46.17(3)(c)(c) Structures and fixtures needed for sound forestry. Structures and fixtures placed on land enrolled in managed forest law for this purpose shall be removed following the completion of the practice. Structures and fixtures needed for sound forestry may not include those that meet the definition of a building. NR 46.17(4)(4) Withdrawn land. Land withdrawn under s. 77.88 (1), (3k), or (3L), Stats., for failure to meet productivity requirements provided for in s. NR 46.17 (1) (c) 2., may not be eligible for reentry in the program unless the department determines that there has been an environmental, ecological, or economic change that would allow the land to meet density requirements as provided for in s. NR 46.17 (1) (c) 2., and productivity requirements as provided for in s. 77.82 (1), Stats. NR 46.17(5)(5) Leases or agreements. An owner of managed forest land may enter into a lease or agreement on such lands so long as the terms of the lease or agreement do not conflict or interfere with any aspect of this chapter or subch. VI of ch. 77, Stats. NR 46.17 NoteNote: This section interprets and administers s. 77.82 (1), Stats., which describes further the eligibility requirements. NR 46.17 HistoryHistory: Cr. Register, October, 1986, No. 370, eff. 11-1-86; r. and recr. (2), Register, October, 1989, No. 406, eff. 11-1-89; CR 18-086: renum. (1) (b) to (1) (b) (intro.) and am., cr. (1) (b) 1., 2., (c), r. and recr. (3), cr. (4), (5) Register February 2020 No. 770, eff. 3-1-20; correction in (1) (c) 1. made under s. 35.17, Stats., Register February 2020 No. 770. NR 46.18(2)(2) Mandatory practices. The management plan shall be prepared on forms provided through the Wisconsin Forest Inventory and Reporting System (WisFIRS), signed by all owners and shall include a list of stands subject to mandatory practices, a schedule of completion dates and a description of the mandatory practices to be undertaken during the term of the order. Practices included in the management plan and any additional practices needed to complete a scheduled practice or establish regeneration after a scheduled practice may not be eligible for an analysis under s. NR 46.215 until such practices have been sufficiently attempted, as determined by the department, even if the additional practices are not overtly identified in the management plan. Practices projected beyond the term of the order may be added, if requested by the landowner. The following practices, if determined applicable by the department, shall be addressed in the management plan: NR 46.18(2)(a)(a) Harvesting mature timber according to sound forestry practices. NR 46.18(2)(b)(b) Thinning plantations and natural stands for merchantable products according to sound forestry practices. NR 46.18(2)(c)(c) Release of conifers and hardwoods from competing vegetation. NR 46.18(2)(d)(d) Reforestation or afforestation of land to meet one of the size and density requirements established in s. NR 46.17 (1). NR 46.18(2)(e)(e) Post-harvest and pre-harvest treatment to ensure adequate regeneration. NR 46.18(2)(f)(f) Soil conservation practices that may be necessary to control any soil erosion that may result from department approved forestry practices. NR 46.18(3)(a)(a) The management plan may contain a schedule of approved but not mandatory forestry practices. NR 46.18(3)(b)(b) The management plan may contain a schedule of approved but not mandatory practices for the management of forest resources other than trees including wildlife habitat, watersheds, and aesthetic features as follows: NR 46.18(3)(b)1.1. No more than 20% of an owner’s total contiguous designated managed forest land acreage may be non-productive land, which shall be calculated in accordance with s. NR 46.17 (1) (b). NR 46.18(3)(b)2.2. On the 80% of a managed forest land parcel required to produce or be capable of producing 20 cubic feet per acre per year, practices for the management of forest resources other than trees may be approved consistent with owner objectives as provided in subd. 2. a. and b. NR 46.18(3)(b)2.a.a. The creation of openings and other vegetative cover not producing forest products at the level meeting density requirements under s. 77.82 (1) (a) 2., Stats., is allowed so long as the area of created openings or other vegetative cover, combined with other non-productive land, does not exceed 20% of the managed forest land parcel, which shall be calculated in accordance with s. NR 46.17 (1) (b). NR 46.18(3)(b)2.b.b. In addition to practices approved under subd. 2. a., other practices may be approved on managed forest land to accomplish the objectives of the owner relating to forest resources other than trees if such approved practices do not significantly alter the value of the merchantable stand of timber or preclude the growing of future forest crops for commercial use. Such approved practices may include, where consistent with the landowner’s objectives, dividing clear-cuts into smaller blocks, shortening or lengthening rotations, creating irregular cutting boundaries, leaving uncut small stands, strips or individual trees on clear-cut, modifying residual basal area on partial cuts, modifying species composition, reserving den or cavity trees, substituting partial cuts for clear-cuts or substituting clear-cuts for partial cuts. NR 46.18(4)(a)(a) The requirements of this section for management plans may be modified by the department for ownerships exceeding 1,000 acres after consideration of the following: NR 46.18(4)(a)1.1. Other land of the owner entered as managed forest land, forest crop land or other forest tax law programs administered by the department. NR 46.18(4)(a)3.3. The existence of a management plan prepared by or for the owner and acceptable to the department. The management plan shall be readily available to the department upon written request or audit. A management plan under this section shall include all of the following: NR 46.18(4)(a)3.a.a. Maps or a GIS database at a scale usable for forest management and showing land eligible for designation. The maps or database shall represent current conditions, and include the requirements provided for in s. 77.82 (3) (c) 4. and 5., Stats. Maps, in a format approved by the department, that show any land designated as open to public recreation and meeting the requirements in s. NR 46.21 (3) (c) shall be provided. NR 46.18(4)(a)3.b.b. Reconnaissance data and scheduled practices using the procedure defined in subd. 4. NR 46.18(4)(a)4.4. At the time of application to become a large ownership, submission of legal descriptions and maps or aerial photographs that meet the requirements established in s. 77.82 (3) (c) 4. and 5., Stats., for the land being entered, and a written commitment from an owner that describes the management plan that is required in subd. 3. and outlines the procedure used to update and amend the management plan, or that fulfills requirements established in subd. 6., if applicable. The information provided in this subdivision shall be updated when land is added to, transferred from, or renewed under the ownership. NR 46.18(4)(a)5.5. An owner’s demonstrated consistent accessibility to competent technical forest management assistance through staff or consultant services. NR 46.18(4)(a)6.6. If the land considered for large ownership is under a nationally recognized third-party forest certification standard with a valid certificate held by the managed forest land owner, the land may qualify as a large ownership without fulfilling requirements under subd. 3. if the owner maintains the third-party certification and provides maps, in a format approved by the department, that show lands designated as open to public recreation and meeting the requirements in s. NR 46.21 (3) (c). NR 46.18 NoteNote: Examples of nationally recognized third-party forest certification standards include the American Tree Farm Systemâ, the Forest Stewardship Councilâ, and the Sustainable Forestry Initiativeâ.
NR 46.18(4)(b)(b) The department may revoke large ownership status for large ownerships failing to meet requirements established in par. (a). Large ownerships shall be notified of the cause for revocation in writing, and shall be given one year to develop a management plan under s. 77.82 (3), Stats., that contains all items listed in s. NR 46.16 (2) (f), (g), and (h). NR 46.18(4)(c)(c) Large ownerships shall supply the department, upon written request, additional information required to determine owner compliance with s. 77.82 (1), Stats., and this section as provided for in s. 77.82 (2) and (3), Stats. NR 46.18(5)(5) Management plan as a condition of designation. NR 46.18(5)(am)(am) A management plan agreed to by the department and the owner is a condition of designation. NR 46.18(5)(bm)(bm) Management plans for applications under s. NR 46.16 (1) (a) received on or before June 1 shall be prepared by a certified plan writer or the department itself. NR 46.18(5)(bm)1.1. Management plans shall be approved by the department no later than October 1 of the year in which the order of designation will be issued. The department shall approve a management plan if all the following apply: NR 46.18(5)(bm)2.2. As a condition of designating the land for plans prepared by the department, the applicant shall pay the management plan fee no later than October 1 of the year in which the order of designation will be issued. NR 46.18(5)(bm)3.3. Failure to have a management plan approved by the department on or before October 1 of the year in which the order of designation will be issued or a later date agreed to by the department, conditioned by s. 77.82 (9), Stats., will result in a denial of the application. NR 46.18(5)(dm)(dm) Management plans submitted by June 1 that are returned to a certified plan writer by the department for revisions shall be resubmitted by September 15. Plans resubmitted after September 15 that are not approvable may be denied. Extensions may be granted with department approval. NR 46.18 NoteNote: The treatment of sub. (5) as revised and published in July 2005 and May 2006, first applies to management plans that are filed on or after November 1, 2005.
NR 46.18(6)(6) Modification of designation of closed or open areas. A landowner may modify the designation of a closed or open area twice during the period beginning with April 28, 2004 and ending with the expiration date of the order. Requests for changes in the open/closed designation shall be in writing or on department forms filed with the department. Requests received by the department no later than December 1 in a given year will be eligible to be effective the following January 1. Requests received by the department after December 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. NR 46.18 NoteNote: Requests to change the open/closed status shall be filed by the deadline. Forms may be obtained online at dnr.wi.gov, search keywords “Managed Forest Law”.
NR 46.18 NoteNote: This section interprets and administers ss. 77.82 (3) and (7) and 77.83 (1) and (1m), Stats., which describe further requirements for the management plan and designation of closed areas. NR 46.18(8)(a)2.2. The management plan fee will be based on a formula established in this section. The fee assessed shall be the fee in effect on the June 2 following the date the application was filed. NR 46.18(8)(b)(b) On June 2 of each year the statewide management plan fee shall be calculated. The management plan fee shall consist of a cost per acre rate. The rates shall be calculated by averaging the cost preparation data submitted by independent certified plan writers under s. NR 46.165 (4) (f) from the 12-month period ending on the prior May 1. NR 46.18(9)(9) Identified risk. Forest regeneration or health concerns that have foreseeable repercussions on stand productivity shall be identified in the management plan. These identified risks to lands enrolled that are identified in the management plan may not be the cause for an analysis under s. NR 46.215. NR 46.18(10)(10) Amending a management plan. Owners may amend their management plan under s. 77.82 (3) (f), Stats., for reasons that include: NR 46.18(10)(a)(a) Landowner requests a change that maintains the management plan’s required compliance with the provisions of this chapter and subch. VI of ch. 77, Stats. NR 46.18(10)(b)(b) The management plan is inaccurate or missing information. NR 46.18(10)(c)(c) On-the-ground conditions have changed since the time of entry to the extent that the prescribed practices in the plan are no longer considered sound forestry practices. NR 46.18(10)(d)(d) Changes in silvicultural research and practices, including invasive species management, to the extent that the prescribed practices in the plan are no longer considered sound forestry practices. NR 46.18 HistoryHistory: Cr. Register, October, 1986, No. 370, eff. 11-1-86; am. (6), Register, October, 1991, No. 430, eff. 11-1-91; am. (5), Register, October, 1997, No. 502, eff. 11-1-97; am. (6), Register, October, 2000, No. 538, eff. 11-1-00; CR 03-034: renum. and am. (1) (a) and (b), cr. (1) (b) and (c) Register October 2003 No. 574, eff. 11-1-03; CR 04-136: am. (5) and (6) Register July 2005 No. 595, eff. 8-1-05; emerg. am. (5) (a) 1. to 3. and (b) (intro.) and 1., cr. (7) and (8), eff. 10-4-05; CR 05-087: am. (5) (a) 1. to 3. and (b) (intro.) and 1., cr. (7) and (8) Register May 2006 No. 605, eff. 6-1-06; CR 06-027: am. (2) (c) and (e) Register October 2006 No. 610, eff. 11-1-06; CR 09-031: am. (5) (a) 1. to 3. Register November 2009 No. 647, eff. 12-1-09; CR 10-031: am. (2) (d) Table and (8) (b), cr. (5) (c), r. (7) (c) Register October 2010 No. 658, eff. 11-1-10; CR 11-013: r. (1), (5) (a) 1. a., c., (b), (c), (7), (8) (a) 1., renum. (4) (intro.), (b) to (e) to be (4) (a) (intro.), 2. to 5., renum. (4) (a) to be (4) (a) 1. and am., cr. (4) (b), am. (5) (a) (intro.), 1. (intro.), b., d., 2., 3., (8) (a) (intro.), 2., (b) Register December 2011 No. 672, eff. 1-1-12; (5) (intro.), (a), (8) (a) (intro.) renumbered to be (5) (am), (bm), (8) (a) 1m. under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672; correction in (8) (a) 1m. made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733; CR 18-086: am. (2) (intro.), renum. (2) (d) (intro.) to (2) (d) and am., r. (2) (d) (table), cr. (2) (g), am. (3) (b) 1., 2. a., r. (4) (a) 2., renum. (4) (a) 3. to (4) (a) 3. (intro.) and am., cr. (4) (a) 3. a., b., am. (4) (a) 4., cr. (4) (a) 6., r. and recr. (4) (b), cr. (4) (c), am. (5) (bm), cr. (5) (dm), (9), (10) Register February 2020 No. 770, eff. 3-1-20; corrections in (2) (e), (4) (b), (c), (10) made under s. 35.17, Stats., Register February 2020 No. 770. NR 46.185(1)(1) Incomplete notice of intent to cut. In accordance with s. 77.86 (1) (b), Stats., landowners shall file a notice of intent to cut on department forms prior to cutting on managed forest law lands. Incomplete notices shall be returned to the submitter to be completed. The complete notice shall be submitted 30 days before cutting takes place. NR 46.185(2)(2) Notices of intent to cut that require department approval. Department approval of a submitted complete notice is required prior to harvest if any of the following apply: NR 46.185(2)(a)(a) The notice does not conform to the approved management plan in place for the managed forest law land subject to the notice. NR 46.185(2)(c)(c) The owner requests on the form that the department review the notice. NR 46.185(2)(d)(d) The person who submits the notice does not certify on the form that they meet one of the requirements provided in s. 77.86 (1) (b) 2., Stats. For purposes of applying this paragraph, “full-time profession” as used in s. 77.86 (1) (b) 2., Stats., means full-time employment by a business or company in a position requiring specialized knowledge or training. NR 46.185(3)(3) Expiration of notices of intent to cut. If the cutting has not commenced within 1 year of cutting notice submission or approval, as provided in s. 77.86 (3), Stats., the department may renew the cutting notice if all of the following apply: NR 46.185(3)(a)(a) The owner or filer are in communication with the department and have adequately shown that a plan for the cutting within a reasonable timeframe is in place.
/exec_review/admin_code/nr/001/46
true
administrativecode
/exec_review/admin_code/nr/001/46/iii/18/2/a
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
administrativecode/NR 46.18(2)(a)
administrativecode/NR 46.18(2)(a)
section
true
