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. 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.