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.