Current through August 26, 2024
(1) DEPARTMENT ORDERED TRANSFERS. Upon
conveyance of managed forest land, the new owner of managed forest land shall
file a transfer form or voluntarily withdraw all of the land conveyed within 30
days of the change in ownership. Failure to file a transfer form may render the
managed forest land ineligible for continued designation. The department shall
only issue an order transferring eligible conveyed land, except as provided in
sub. (2m) (b). After the land conveyance, the department shall investigate both
the land conveyed and the land retained, if any, to determine if eligibility
requirements established in s.
77.82(1),
Stats., are met and may transfer or withdraw land subject to all of the
following:
(a) If after a land conveyance the
department determines a parcel meets all eligibility requirements other than
that provided for in s.
77.82(1) (a) 2, Stats., a partial withdrawal may occur
under s.
77.88(3k) or (3L), Stats., to allow the parcel to resume
compliance with s.
77.82(1) (a) 2, Stats. If after a withdrawal under s.
77.88(3k) and (3L), Stats., the land no longer meets
eligibility requirements due to parcel size, the land may be withdrawn as
provided for in par. (b).
(b) If
the department determines that the land conveyed does not meet the eligibility
requirements under subch. VI of ch. 77, Stats., except as provided for in par.
(a), or a transfer form is not filed with the department, the department shall
issue an order withdrawing the ineligible land. The withdrawal tax and fee
under s.
77.88(5) and (5m), Stats., shall be assessed on the land
ineligible for continuation. If eligible land remains after such a withdrawal,
the department shall issue an order transferring those lands if a transfer form
for the eligible lands is filed with the department.
(c) If the department determines that the
land retained after the conveyance, if any, does not meet the eligibility
requirements under subch. VI of ch. 77, Stats., except as provided for in par.
(a), the department shall issue an order withdrawing the ineligible land. The
withdrawal tax and fee under s.
77.88(5) and (5m), Stats., shall be assessed on the land
ineligible for continuation.
(2m) LAND CONVEYED FROM A LARGE OWNERSHIP.
(a) A management commitment under s.
NR 46.18(4) (a) 4. does not qualify as a
management plan under s.
77.88(2) (ac), Stats., unless considerations under s.
NR 46.18(4) (a) are met. The transferee
shall provide a management plan under s.
77.82(3),
Stats., with all items listed under s.
NR 46.16(2) (f),
(g), and (h) and shall submit the management
plan to the department for approval within one year of transfer.
(b) If parcel size requirements are met, land
conveyed from a large ownership may be transferred even if eligibility criteria
established in s.
77.82(1) (a) 2, Stats., are not met, provided that upon
the submission of the management plan required in par. (a), the owner
voluntarily withdraws any ineligible acres following the procedure in sub. (1)
(a).
(c) Land conveyed from a large
ownership that does not meet requirements in pars. (a) and (b) within one year
of the transfer shall be withdrawn under s.
77.88(1),
Stats. The withdrawal tax and fee under s.
77.88(5) and (5m), Stats., shall be calculated on the
transferred land and issued to the owners of record.
(3) PUBLIC ACCESS DESIGNATION. Eligible
transfers requesting a change in the "open/closed" designation shall be in
writing on department forms filed with and received by the department by
December 1 for the change in the "open/closed" status to be eligible to be
effective the following January 1. Requests for transfers, which change the
"open/closed" designation, received by the department after December 1 but
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.
(4) ATTACHMENTS. Each transfer request shall
be on forms provided by the department and include the following:
(a) A copy of the recorded legal instrument
giving the transferee an ownership interest in the land subject to the
transfer.
(b) A copy of any
certified survey map recorded for the transferred land transfer, or referenced
in the legal instrument provided under par. (a).
(c) 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 transferred.
Note: Forms for transferring managed forest
land should be sent to the DNR forester in the county where the land is
located. Forms may be obtained online at dnr.wi.gov, search keywords "Managed
Forest Law".
Note: This section interprets s.
77.88(2),
Stats., which establishes further standards for transfer or sale of managed
forest land.
(5)
TRANSFER FEE. Thirty dollars for each county included on the application to
transfer shall be credited to the appropriation under s.
20.370(2) (cr),
Stats., from the transfer fee collected under s.
77.88(2) (ac), Stats. The amount credited may not
exceed the transfer fee collected.
