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 NoteNote: 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 46.21(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)(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.

NR 46.21(4)(a)(a) Land within 300 feet of a commercial logging operation may not be posted to restrict public access prior to the date cutting commences.

NR 46.21(4)(b)(b) Restricted area signing for commercial logging operations may be continued only if 50% or more of the volume identified in the approved cutting notice or prescribed by the approved management plan is cut within one year of the date cutting is commenced and continues as indicated to the department.

NR 46.21 HistoryHistory: Cr. Register, October, 1986, No. 370, eff. 11-1-86; CR 18-086: r. and recr. (1), am. (2) (a), r. (2) (b), am. (3) (c) Register February 2020 No. 770, eff. 3-1-20; (2) (a) renum. to (2) under s. 13.92 (4) (b) 1., Stats., and correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register February 2020 No. 770.

NR 46.215(1)(a)(a) The managed forest land parcel is not 80% productive as provided for in s. 77.82 (1) (a) 2., Stats., or land that is part of the 80% productive portion of the parcel does not meet density standards established in s. NR 46.17 (1) (c) 1.

NR 46.215(1)(b)(b) It is reasonably possible for the land to be restored so the parcel resumes compliance within a reasonable timeframe, based on guidelines specific to Wisconsin cover types.

NR 46.215(1)(c)(c) The estimated cost of restoration is less than the estimated withdrawal tax for the withdrawal of the minimum number of acres under s. NR 46.22 (1). To determine the estimated cost of restoration the department shall use data obtained through the administration of subch. VII of ch. NR 47 and may take into consideration any pertinent state grants available. Owners may dispute restoration cost estimates determined in this subdivision by obtaining and submitting to the department 3 quotes for the practices. Owners may be required to obtain quotes if the department has insufficient data from the administration of subch. VII of ch. NR 47.

NR 46.215(2)(2) If restoration is required under sub. (1), the management plan on file with the department shall be amended to include restoration practices that are agreed upon by the owner and the department.

NR 46.215(2)(a)(a) The department may order a withdrawal under s. 77.88 (1), Stats., if an owner chooses not to adopt adequate restoration practices or if the department determines that the owner has not sufficiently attempted the restoration practices adopted in the management plan.

NR 46.215(2)(b)(b) The department may order a withdrawal under s. 77.88 (3k) or (3L), Stats., of the minimum number of whole acres needed to be withdrawn for the parcel to resume compliance with productivity requirements if restoration practices are adopted into the management plan and the restoration is sufficiently attempted, as determined by the department, but is not successful within the timeframe established in the management plan. If determined appropriate, the department and the owner may agree to extend the timeframe of the restoration.