Chapter NR 46

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(2)(g) (g) Restoration of land, if required under s. NR 46.215.

NR 46.18(3) (3) Approved 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) (4) Large ownerships.

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 Note Note: 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)1.b. b. The management plan includes all requirements under subs. (2) and (3), as approved by the department.

NR 46.18(5)(bm)1.d. d. All owners have signed the management plan.

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 Note Note: 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 Note Note: 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 Note Note: 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) (8) Management plan fee.

NR 46.18(8)(a) (a)

NR 46.18(8)(a)1m. 1m. The department shall charge a management plan fee for plans the department prepares for applications filed under s. 77.82 (2), (4), (4m), and (12), Stats.

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 History History: 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 NR 46.185 Forestry practices.

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)(b) (b) The notice is not consistent with sound forestry.

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.

NR 46.185(3)(b) (b) A new notice would not be significantly different from the cutting notice on file, as determined by the department.

NR 46.185 History History: CR 18-086: cr. Register February 2020 No. 770, eff. 3-1-20; correction in (1) made under s. 35.17, Stats., Register February 2020 No. 770.

NR 46.19 NR 46.19 Closed area.

NR 46.19(1) (1) Closed acreage limit. An owner of land designated as managed forest land may designate a maximum of 320 acres in the municipality as closed to public access in accordance with sub. (3).

NR 46.19(3) (3) Closed area configuration. A closed area may consist of any combination of the following:

NR 46.19(3)(a) (a) A parcel or parcels of managed forest land.

NR 46.19(3)(b) (b) All of an owner’s managed forest land within quarter quarter sections, government lots, or fractional lots.

NR 46.19(3)(c) (c) An additional block of acreage within a quarter quarter section, government lot or fractional lot, if the additional block is contiguous to existing closed acreage, if applicable, and does not exceed a length to width ratio of 4 to 1, unless limited by the size of the entry.

NR 46.19 Note Note: This section interprets s. 77.83 (1), Stats., which provides further direction on the establishment or designation of closed areas.

NR 46.19 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; am. Register, October, 1995, No. 478, eff. 11-1-95; CR 04-136: r. and recr. Register July 2005 No. 595, eff. 8-1-05; CR 18-086: am. (1), r. (2), r. and recr. (3) Register February 2020 No. 770, eff. 3-1-20.

NR 46.20 NR 46.20 Public access.

NR 46.20(1) (1) Public access requirements. The owner of managed forest land shall provide public access on foot to land designated as open to public access for activities authorized in s. 77.83 (2) (a), Stats., unless it has been designated closed under s. 77.83 (1) (a), Stats. Public access on foot to open managed forest land shall satisfy one of the following conditions:

NR 46.20(1)(a) (a) Contiguous to public land. The land designated as open managed forest land is contiguous to other land or public roads that are open to public access on foot. Lands contiguous to other land open to public access at a single point are not considered to have met this requirement.

NR 46.20(1)(b) (b) Easement or agreement. By easement or agreement, the owner has obtained a reasonable route or location at which the public may access the open managed forest land on foot by crossing land that is not generally considered open to public access, which shall be designated in accordance with s. NR 46.21 (3).

NR 46.20(1)(c) (c) Other land under same ownership. The land designated as open managed forest land is accessible from other land or public roads that are open to public access on foot by crossing contiguous land of the owner which is not entered as managed forest land or is contiguous managed forest land of the owner which has been designated closed under s. 77.83 (2) (a), Stats. The owner may not restrict public access for activities authorized in s. 77.83 (2) (a), Stats., through or across such land except the access across such land may be limited to a reasonable corridor or location, which shall be designated in accordance with s. NR 46.21 (3).

NR 46.20(2) (2) Open land agreement. An owner who chooses to designate any of their managed forest land as open shall certify on department-prepared forms that there is public access on foot to the land designated as open and that if the access changes or is removed during the order period the owner shall notify the department and change the designation of the land to closed under s. 77.83 (1) (a), Stats., if access meeting the requirements in this section can no longer be achieved.

NR 46.20 Note Note: This section interprets and administers s. 77.83 (2) and (3), Stats., which establish and provide further requirements to keep land open for certain public uses and authorizes the department to establish posting standards.

NR 46.20 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; CR 18-086: r. and recr. Register February 2020 No. 770, eff. 3-1-20.

NR 46.21 NR 46.21 Posting standards.

NR 46.21(1) (1) Sign standards. Signs designating open and closed managed forest lands shall meet all of the following requirements:

NR 46.21(1)(a) (a) Are a minimum size of 11 inches by 11 inches.

NR 46.21(1)(b) (b) Are in conspicuous view.

NR 46.21(1)(c) (c) Are a minimum of 4 feet above the ground.

NR 46.21(1)(d) (d) Are at an interval of at least 2 per one quarter mile on the boundary of the designated area or as otherwise approved by the department.

NR 46.21(1)(e) (e) All print is of equal size to other print on the sign, if sign standards are required under sub. (2) or (3).

NR 46.21(2) (2) Closed areas. Closed areas may be posted with commonly used no trespass signs or signs indicating the land is closed to public access or trespass, in conformance with this section and s. 943.13, Stats.

NR 46.21(3) (3) Open areas.

NR 46.21(3)(a) (a) Open areas are not required to be posted to identify they are managed forest land unless otherwise required in this section.

NR 46.21(3)(b) (b) Open areas may be posted in conformance with this section and s. 943.13, Stats., against uses other than hunting, fishing, hiking, sight-seeing and cross-country skiing as long as the posted signs indicate the land is managed forest land and the land is open to the public for hunting, fishing, hiking, sight-seeing and cross-country skiing.

NR 46.21(3)(c) (c) The method of public access to the land designated as open shall be clearly explained on the managed forest law map required under s. NR 46.25 as a comment. In addition to the explanation, if access to open managed forest land is across lands not open to public access, as provided in s. NR 46.20 (1) (b) or (c), the location of the access shall be reasonably and clearly identified on signs meeting the requirements of this section. Signs shall be at locations and in sufficient number to provide reasonable notice to those attempting access. The location of the sign or signs that show the access route or location and that are closest to the access point from a public road or other land open to public access shall be indicated on the managed forest law map required under s. NR 46.25. If the location of the sign indicating the access route or location changes during the order period, the owner shall notify the department.