Wisconsin Administrative Code
Department of Natural Resources
NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation
Chapter NR 46 - Forest Tax Program
Subchapter I - Forest Croplands
Section NR 46.06 - Determination on petition
Universal Citation: WI Admin Code ยง NR 46.06
Current through August 26, 2024
(1) Lands upon which a petition has been filed shall be entered as forest croplands upon a finding by the department that:
(a) The lands
considered for entry comprise an entire quarter-quarter section, fractional lot
or government lot as determined by U.S. government survey plat, excluding
public roads and railroad rights-of-way; and
(b) The facts give reasonable assurance that
a stand of merchantable timber will be developed within a reasonable period of
time; and
(c) That such lands are
then being held permanently for the growing of timber under sound forestry
practices rather than for other purposes; and
(d) That all persons holding encumbrances
against such lands have in writing agreed to the petition.
(2) The lands are capable of supporting a stand of merchantable timber containing a minimum tree stocking as provided in s. NR 46.02(5) and are capable of producing wood products within 100 years from the date of entry.
(3) In determining whether a petitioner is holding lands permanently for the growing of timber and other products, the department shall consider:
(a) All relevant
testimony and evidence of record presented by the petitioner and
others.
(b) The location of the
land in relation to residential, recreational, agricultural or commercial
development.
(c) Topography of the
lands.
(d) Soils.
(e) Buildings or structures on the
property.
(f) Roads in the vicinity
of the lands.
(g) Navigable waters
on or in the vicinity of the lands.
(h) The presence of surface disturbance in
the form of mining or landfill operations.
(i) Zoning.
(j) Past use of the lands by the
petitioner.
(k) Location of
incorporated limits of cities and registered plats.
(L) The existence of landscaping or
ornamental plants, or the alteration of vegetation adjacent to or near any
buildings or structures.
(4) In determining whether the petitioner intends to hold the lands permanently and manage them under sound forestry practices, the department shall consider:
(a)
All relevant statements, testimony and evidence of record presented by the
petitioner and others.
(b)
Knowledge or training of the petitioner regarding forestry or forestry
practices.
(c) Forestry management
plans developed by or at the request of the petitioner.
(d) Past forestry practices conducted by or
at the direction of the petitioner.
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