Section 46.18. Management plan.

 

(2)   Mandatory practices. The management plan shall be prepared on forms provided by the department, signed by all owners and shall include a list of stands subject to mandatory practices, a schedule of completion dates and a description of the mandatory practices to be undertaken during the term of the order. The following practices, if determined applicable by the department, shall be addressed in the management plan:

(a) Harvesting mature timber according to sound forestry practices.

(b) Thinning plantations and natural stands for merchantable products according to sound forestry practices.

(c) Release of conifers and hardwoods from competing vegetation.

(d) Reforestation of land to meet one of the following size and minimum medium density classifications: - See PDF for table

(e) Post-harvest and pre-harvest treatment to insure adequate regeneration.

(f) Soil conservation practices that may be necessary to control any soil erosion that may result from department approved forestry practices.

(3)   Approved practices.

(a) The management plan may contain a schedule of approved but not mandatory forestry practices.

(b) The management plan may contain a schedule of approved but not mandatory practices for the management of forest resources other than trees including wildlife habitat, watersheds, and aesthetic features as follows:

1. No more than 20% of an owner's total contiguous designated managed forest land acreage may be non-stocked land, land unsuitable for producing merchantable timber or a combination of both. For purposes of this determination, the department shall consider only cover types comprising 2 or more acres.

2. On the 80% of a managed forest land parcel required to produce or be capable of producing 20 cubic feet per acre per year, practices for the management of forest resources other than trees may be approved consistent with owner objectives as provided in subd. 2. a. and b.

a. The creation of openings and other vegetative cover not producing forest products at the level meeting minimum eligibility requirements under s. 77.82 (1) (a) 2. , Stats., may be approved so long as the total area of openings or vegetative cover, combined with land unsuitable for producing merchantable timber and non-stocked land, does not exceed 20% of the managed forest land parcel.

b. In addition to practices approved under subd. 2. a. , other practices may be approved on managed forest land to accomplish the objectives of the owner relating to forest resources other than trees if such approved practices do not significantly alter the value of the merchantable stand of timber or preclude the growing of future forest crops for commercial use. Such approved practices may include, where consistent with the landowner's objectives, dividing clear-cuts into smaller blocks, shortening or lengthening rotations, creating irregular cutting boundaries, leaving uncut small stands, strips or individual trees on clear-cut, modifying residual basal area on partial cuts, modifying species composition, reserving den or cavity trees, substituting partial cuts for clear-cuts or substituting clear-cuts for partial cuts.

(4)   Large ownerships.

(a) The requirements of this section for management plans may be modified by the department for ownerships exceeding 1,000 acres after consideration of the following:

1. Other land of the owner entered as managed forest land, forest crop land or other forest tax law programs administered by the department.

2. The number of counties in which lands proposed for entry or renewal or the owner's existing managed forest land and forest crop land and woodland tax law lands lie.

3. The existence and availability for review of a management plan prepared by or for the owner and acceptable to the department.

4. Submission of a written commitment from an owner to provide, upon department request, information from the management plan for review or audit. The commitment shall describe the management plan and outline the procedure used to update and amend the management plan.

5. An owner's demonstrated consistent accessibility to competent technical forest management assistance through staff or consultant services.

(b) A management plan under s. 77.82 (3) , Stats., shall be developed by owners who no longer qualify as a large ownership in sub. (4) (a) . All items listed in s. NR 46.16 (2) (f) , (g) , and (h) must be submitted to the department for approval within one year after being notified by the department of no longer meeting the requirements in sub. (4) (a) .

(5)   Management plan as a condition of designation.

(am) A management plan agreed to by the department and the owner is a condition of designation.

(bm) Management plans for applications under s. NR 46.16 (1) (a) received on or before June 1 or under s. NR 46.16 (1) (cm) received on or before July 1shall be prepared by a certified plan writer or the department itself.

1. Management plans shall be approved by the department no later than October 1 of the year in which the order of designation will be issued. The department shall approve a management plan if all the following apply:

b. The management plan includes all requirements under subs. (2) and (3) , as approved by the department.

d. All owners have signed the management plan.

2. As a condition of designating the land for plans prepared by the department, the applicant shall pay the management plan fee no later than October 1 of the year in which the order of designation will be issued.

3. Failure to have a management plan approved by the department on or before October 1 of the year in which the order of designation will be issued or a later date agreed to by the department, conditioned by s. 77.82 (9) , Stats., will result in a denial of the application.

(6)   Modification of designation of closed or open areas. A landowner may modify the designation of a closed or open area twice during the period beginning with April 28, 2004 and ending with the expiration date of the order. Requests for changes in the open/closed designation shall be in writing or on department forms filed with the department. Requests received by the department no later than December 1 in a given year will be eligible to be effective the following January 1. Requests 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.

(8)   Management plan fee.

(a)

1m. The department shall charge a management plan fee for plans the department prepares for applications filed under s. 77.82 (2) , (4) , (4g) , (4m) ,and (12) , Stats.

2. The management plan fee will be based on a formula established in this section. The fee assessed shall be the fee in effect on the June 2 following the date the application was filed.

(b) On June 2 of each year the statewide management plan fee shall be calculated. The management plan fee shall consist of a cost per acre rate. The rates shall be calculated by averaging the cost preparation data submitted by independent certified plan writers under s. NR 46.165 (4) (f) from the 12-month period ending on the prior May 1.

Cr. Register, October, 1986, No. 370 , eff. 11-1-86; am. (6), Register, October, 1991, No. 430 , eff. 11-1-91 ; am. (5), Register, October, 1997, No. 502 , eff. 11-1-97; am. (6), Register, October, 2000, No. 538 , eff. 11-1-00; CR 03-034 : renum. and am. (1) (a) and (b), cr. (1) (b) and (c) Register October 2003 No. 574 , eff. 11-1-03; CR 04-136 : am. (5) and (6) Register July 2005 No. 595 , eff. 8-1-05; emerg. am. (5) (a) 1. to 3. and (b) (intro.) and 1., cr. (7) and (8), eff. 10-4-05; CR 05-087 : am. (5) (a) 1. to 3. and (b) (intro.) and 1., cr. (7) and (8) Register May 2006 No. 605 , eff. 6-1-06; CR 06-027 : am. (2) (c) and (e) Register October 2006 No. 610 , eff. 11-1-06; CR 09-031 : am. (5) (a) 1. to 3. Register November 2009 No. 647 , eff. 12-1-09; CR 10-031 : am. (2) (d) Table and (8) (b), cr. (5) (c), r. (7) (c) Register October 2010 No. 658 , eff. 11-1-10; CR 11-013 : r. (1), (5) (a) 1. a., c., (b), (c), (7), (8) (a) 1., renum. (4) (intro.), (b) to (e) to be (4) (a) (intro.), 2. to 5., renum. (4) (a) to be (4) (a) 1. and am., cr. (4) (b), am. (5) (a) (intro.), 1. (intro.), b., d., 2., 3., (8) (a) (intro.), 2., (b) Register December 2011 No. 672 , eff. 1-1-12; (5) (intro.), (a), (8) (a) (intro.) renumbered to be (5) (am), (bm), (8) (a) 1m. under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672 .

Note

Note: The treatment of sub. (5) as revised and published in July 2005 and May 2006, first applies to management plans that are filed on or after November 1, 2005. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: Requests to change the open/closed status must be filed by the deadline at: Division of Forestry, Bureau of Forest Management, Forest Tax Section, PO Box 7963, Madison, WI 53707. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: This section interprets and administers ss. 77.82 (3) and (7) and 77.83 (1) and (1m) , Stats., which describe further requirements for the management plan and designation of closed areas. Microsoft Windows NT 6.1.7601 Service Pack 1