Section 46.06. Determination on petition.

 

(1)  Lands upon which a petition has been filed shall be entered as forest croplands upon a finding by the department that:

(a) The lands considered for entry comprise an entire quarter-quarter section, fractional lot or government lot as determined by U.S. government survey plat, excluding public roads and railroad rights-of-way; and

(b) The facts give reasonable assurance that a stand of merchantable timber will be developed within a reasonable period of time; and

(c) That such lands are then being held permanently for the growing of timber under sound forestry practices rather than for other purposes; and

(d) That all persons holding encumbrances against such lands have in writing agreed to the petition.

(2)  The lands are capable of supporting a stand of merchantable timber containing a minimum tree stocking as provided in s. NR 46.02 (5) and are capable of producing wood products within 100 years from the date of entry.

(3)  In determining whether a petitioner is holding lands permanently for the growing of timber and other products, the department shall consider:

(a) All relevant testimony and evidence of record presented by the petitioner and others.

(b) The location of the land in relation to residential, recreational, agricultural or commercial development.

(c) Topography of the lands.

(d) Soils.

(e) Buildings or structures on the property.

(f) Roads in the vicinity of the lands.

(g) Navigable waters on or in the vicinity of the lands.

(h) The presence of surface disturbance in the form of mining or landfill operations.

(i) Zoning.

(j) Past use of the lands by the petitioner.

(k) Location of incorporated limits of cities and registered plats.

(L) The existence of landscaping or ornamental plants, or the alteration of vegetation adjacent to or near any buildings or structures.

(4)  In determining whether the petitioner intends to hold the lands permanently and manage them under sound forestry practices, the department shall consider:

(a) All relevant statements, testimony and evidence of record presented by the petitioner and others.

(b) Knowledge or training of the petitioner regarding forestry or forestry practices.

(c) Forestry management plans developed by or at the request of the petitioner.

(d) Past forestry practices conducted by or at the direction of the petitioner.

Cr. Register, January, 1980, No. 289 , eff. 2-1-80.