Wisconsin Administrative Code
Department of Natural Resources
NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation
Chapter NR 46 - Forest Tax Program
Subchapter III - Managed Forest Land
Section NR 46.27 - Department orders
Universal Citation: WI Admin Code ยง NR 46.27
Current through August 26, 2024
(1) CHANGING ORDERS. In addition to orders established in subch. VI of ch. 77, Stats., the department may issue any of the following orders altering existing managed forest land orders:
(a)
Correction and amendment
orders.Correction and amendment orders may be issued to correct
factual errors. These orders correct issued orders to coincide with facts that
are determined to have been in place at the time of the issuance of the order,
including a change in acreage based on surveys including certified surveys,
assessors' plats, county GIS, or monument reestablishment projects that more
clearly calculate acreage of lands enrolled. Amendment orders are also used
when a landowner changes public access designation.
(b)
Rescinding
orders.Rescinding orders may be issued to cancel or adjust orders
issued by the department. Rescinding orders may be issued in the following
situations:
1. The department determines that
the land, or part of the land, was entered into the program by department
error. Errors in the application by the owner or the certified plan writer do
not constitute department error.
2.
The owner chooses to not be enrolled in the program after an order of
designation is issued but prior to the effective date of that order.
3. The department determines that an order
other than an order of designation was issued in error.
(2) ORDERS OF DESIGNATION AS A CONTRACT.
(a)
Timeline for exempt
withdrawals due to material change.If a statute is enacted or a rule
is promulgated that materially changes the terms of an existing order, as
determined by the department, the department shall notify owners potentially
impacted by the change. Owners shall send their request to withdraw their lands
without withdrawal tax and fee due to the material change to the department in
writing by the December 1 immediately following the effective date of the
material change. If the material change is effective within 90 days preceding
December 1, the owners have until the second December 1 following the effective
date of the material change to request to withdraw their lands due to the
material change.
(b)
Effective dates for exempt withdrawals due to material
change.Upon receipt of a written request for withdrawal, if the
department determines that the order was materially changed, the department
shall order the withdrawal of the entry without the withdrawal tax and fee
established in s.
77.88(5) and (5m), Stats. Requests for withdrawal provided
to the department within the timelines established in par. (a) will be
effective the following January 1 if received no later than December 1.
(c)
Land staying in the
program after a material change.Owners who do not declare their
request to withdraw their land within the timeline established in par. (a), or
who do not declare their request in writing, shall have elected to accept the
modifications to the contract or shall follow normal withdrawal procedures
established in s.
77.88(3),
Stats., including assessment of a withdrawal tax and fee as provided for in s.
77.88(5) and (5m), Stats.
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