Current through August 26, 2024
(1) APPLICATION
DEADLINES. An application for a new designation or a renewal of land as managed
forest land shall be signed by all owners on forms provided by the department
and filed as follows:
(a) Applications shall
be received by the department no later than June 1 to be considered for
designation effective the following January 1.
(d) Lands subject to an ownership change
after the application deadline, but before the order of designation has been
issued, may not be designated as managed forest land for the year for which the
original application was submitted. The new owner may submit a new and complete
application by the next applicable deadline. The department may designate land
included on the application that remains under the original ownership effective
January 1 of the year for which the original application was submitted
providing the remaining land qualifies for entry. Ownership changes taking
place after the issuance of an order of designation, but before January 1,
shall be processed as a normal transfer after January 1, or the order shall be
rescinded.
(e) Each application
submitted to the department for a new designation or a conversion of forest
cropland to managed forest land shall include a nonrefundable application fee
of $30.00 per county in which the land that is the subject of the application
is located. This fee shall be submitted to the department within 14 days of the
submission of the application along with a printed remittance form provided by
the department.
Note: This subsection interprets and
administers s.
77.82(2m) and (4), Stats., relating to application
fees.
(2)
ATTACHMENTS.
(a) A copy of the recorded legal
instrument giving the applicant an ownership interest in the land subject to
the application shall accompany and be part of the application.
(b) The applicant shall furnish a copy of a
recent property tax bill or other documentation showing the parcel
identification number used by that county to identify the specific real estate
parcel being applied for designation.
(c) Upon request by the department, the
applicant shall also submit a copy of the legal instrument giving the applicant
an ownership interest in all land in the same municipality which is contiguous
to the land subject to the application.
(d) Upon request by the department, the
applicant shall furnish further documentation on the establishment, by-laws,
agreements or the status of corporations, partnerships, trusts and cooperatives
having an ownership interest in the land subject to the application.
(e) A copy of any certified survey map
recorded for the land subject to the application, or referenced in the legal
instrument provided under par. (a) and pertaining to land adjacent to land
subject to the application shall accompany and be part of the application.
(f) A management plan, on forms
provided by the department, signed by all persons with an ownership
interest.
(g) A map, on forms
provided by the department, showing land eligible for designation and areas
designated as closed to public access under s.
77.83,
Stats. The map shall show major land features, using conventional map symbols,
and vegetation cover types indicating species, size and density where
appropriate.
1. Productive cover types must
be individually mapped when the cover type consists of 2 or more contiguous
acres.
2. For lands designated as
managed forest lands prior to January 1, 2022, non-productive areas of the
entry must be mapped when any contiguous area of non-productive land is at
least 2 acres in size.
3. For lands
designated as managed forest lands on or after January 1, 2022, non-productive
areas of the entry must be mapped when any contiguous area of non-productive
land is at least 1 acre in size.
(h) Reconnaissance data and scheduled
practices on electronic forms provided by the department.
Note: Forms can be obtained electronically
through the Wisconsin Forest Inventory and Reporting System
(WisFIRS).
(3)
ENCUMBRANCES. Any person holding encumbrances on the land subject to the
application shall sign the application prior to its filing to indicate
agreement with it.
(4) UNPAID
TAXES. The applicant shall upon request of the department furnish proof
acceptable to the department that taxes are paid in full.
(5) SAME OWNERSHIP. All eligible land under
the same ownership and located in the same municipality when applied for
designation or renewal in the same year, shall be designated under the same
order of designation. All eligible land under the same ownership that crosses
any municipal boundary where land designated for entry in any one municipality
is less than the minimum parcel size or less than 80% productive, when applied
for designation in the same year, shall be designated under the same order of
designation. This subsection does not apply to land added to an existing
managed forest land entry under sub. (7).
(6) APPLICATION AMENDMENTS. An application
for designation of land as managed forest land may be altered or amended to
accurately reflect lands eligible for entry prior to issuance of the order of
designation.
(7) ADDITIONS. An
owner may apply to the department to add land to a managed forest land order.
To be eligible, the addition shall be a parcel that is at least 3 acres in size
and that is contiguous to land that is designated as managed forest land on the
date the application for addition is submitted. Land contained in an
application for addition shall meet all current eligibility requirements under
s.
NR 46.17 and s.
77.82(1) (a), Stats., except for minimum acreage and
productivity requirements, which shall be met at the time land is designated as
managed forest land. Land contained in an application for addition shall have
the same ownership as the existing entry.
(7m) RENEWALS.
(a) All land designated as managed forest
land may be eligible for renewal. The department shall approve applications for
an additional 25- or 50-year period at the end of an existing order period if
all of the following are met:
1. The land
meets all eligibility requirements outlined in s.
NR 46.17 and s.
77.82(1),
Stats.
2. Items listed in s.
77.82(3) (c), Stats., have been updated within the 5
years prior to the date of the application for renewal and practices in s.
NR 46.18(2) and (3) have been scheduled
during the renewal order period; or a new management plan is submitted with the
renewal application that meets all management plan requirements for new
entries.
3. The owner is in
compliance with all aspects of the management plan that is in effect on the
date that the application for renewal is filed.
(b)
1. If
there is a parcel within the order that is less than 20 acres but greater than
or equal to 10 acres, the land may be renewed once.
4. If the current entry contains a parcel of
managed forest land that is less than 20 acres and that parcel will remain less
than 20 acres in the renewal period, then the parcel on the renewal application
shall be identical to the current enrollment without any changes to acreage
other than those provided for in s. NR 46.27(1). If such a parcel includes an
ineligible building or improvement, a withdrawal under s.
77.88(3j),
Stats., may be used to rectify the situation and allow the existing and renewed
lands to be identical on the renewal application, subject to constraints
provided for in s.
77.88(3j) (b), Stats. To be considered identical, the
withdrawal form shall be submitted before the department can approve the
renewal application.
(9) DEPARTMENT PREPARED APPLICATIONS.
(a) The department shall refer all requests
for managed forest law applications to certified plan writers.
(b) The department may agree to develop an
application to be filed under s.
77.82(2), (4), (4m), or (12), Stats., if, by the January 1
prior to the application deadline, services by an independent certified plan
writer are not available in the county in which the land is located. The
department shall notify the owner in writing if the department agrees to
prepare the management plan. Managed forest law applications includes
requirements under s.
77.82(2), (2m),
and (3), Stats., and s. NR 46.16(1), (2),
(3), and (6), and s.
NR 46.18.
(10) APPLICATION SUBMISSION AND DATA
COLLECTION. All applications submitted to the department shall be completed and
submitted electronically through the Wisconsin Forest Inventory and Reporting
System (WisFIRS) by a certified plan writer, unless a certified plan writer is
unavailable, as provided for in s.
77.82(3) (am), Stats.
This section interprets and administers s.
77.82(1), (2) and (7) (c), Stats., relating to submission of a
petition for designation, and s.
77.82(7) (a)5, Stats., regarding payment of taxes.
Further petitioning requirements and provisions are contained in s.
77.82(2),
Stats.
