Current through August 26, 2024
(1) WITHDRAWAL BY DEPARTMENT ORDER.
(a) The department may conduct any
investigation necessary on managed forest land for purposes of ensuring
compliance with program provisions provided in this chapter and subch. VI of
ch. 77, Stats.
(b) The department
may order withdrawal of land under s.
77.88(1),
Stats., if the land comprises any of the following:
1. An entire quarter quarter section,
government lot or fractional lot of managed forest under the same
order.
2. An entire parcel of
managed forest land.
3. All managed
forest land under the same order owned by the owner in a quarter quarter
section, government lot or fractional lot.
(c) Land remaining after a withdrawal under
this section shall meet eligibility requirements established in s.
77.82(1),
Stats., or the entire parcel of managed forest land may need to be withdrawn as
provided for in s.
77.88(1),
Stats.
(2) VOLUNTARY
WITHDRAWAL DEADLINES. Voluntary withdrawals submitted for processing under s.
77.88(3), (3j), (3k), and (3L), Stats., shall be filed with the
department on forms provided by the department. Eligible requests received by
the department no later than December 1 will be effective by the following
January 1. Eligible requests for withdrawal 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.
Note: Forms for withdrawal must be filed by
the deadline. Forms for withdrawal may be obtained online at dnr.wi.gov, search
keywords "Managed Forest Law".
(3) VOLUNTARY WITHDRAWAL; OTHER CONSTRUCTION;
SMALL LAND SALES.
(a) Owners of managed
forest land requesting to voluntarily withdraw land under s.
77.88(3j),
Stats., are responsible for all of the following:
1. Following any local ordinances that may
apply to construction or land sales.
2. Providing a map or detailed written
description that clearly defines the area requesting to be withdrawn in enough
detail that the department is able to delineate the boundaries of the area
requesting to be withdrawn and verify the acreage of the area. If the request
does not clearly describe the area to be withdrawn, the department may deny the
request for withdrawal.
(b) A withdrawal under this subsection may be
used to rectify violations related to eligibility requirements established in
s.
77.82(1) (b), Stats., subject to the constraints
established in s.
77.88(3j) (b), Stats.
(4) VOLUNTARY WITHDRAWAL; PRODUCTIVITY;
SUSTAINABILITY. Upon the request of an owner of managed forest land to withdraw
part of a parcel under s.
77.88(3k) or (3L), Stats., the department shall order
withdrawal of the minimum number of whole acres that is necessary for the
parcel to resume productivity requirements established in s.
77.82(1),
Stats., if all of the following apply:
(a)
The department determines that the likely cause of the inability to meet
productivity standards was a significant change in environmental or ecological
condition that has occurred since the time of enrollment and the owner is not
required to attempt restoration due to economic or other conditions as provided
for in s. NR 46.215; or the department determines that the parcel does not meet
productivity standards as a result of a land conveyance as described in s.
NR 46.23.
(b)
The anticipated cause of the change in suitability of the parcel is not due to
owner noncompliance with the program as established in this chapter and subch.
VI of ch. 77, Stats., or noncompliance with management guidance to address
forest regeneration or health concerns that have foreseeable repercussions on
stand productivity. For the purposes of this paragraph, areas cleared under an
easement for a public road or railroad or utility right-of-way are considered
outside of owner control and not an issue of compliance.
Commonly accepted forest health guidelines can be found
in Chapter 8 of the Department's Forest Management Guidelines PUB-FR-226.
Forest regeneration concerns may include high deer population, invasive
species, and other characteristics evaluated on a site-specific basis.
Note: This section interprets and
administers s.
77.88(1),
Stats., which authorizes the department to withdraw land from managed forest
land designation and is consistent with the voluntary withdrawal provisions
under s.
77.88(2),
Stats., as it relates to the minimum size of a description of land that may be
withdrawn.
