Section 46.16. Managed forest land application.

 

(1)   Application deadlines. An application for designation of land as managed forest land shall be signed by all owners on forms provided by the department and filed as follows:

(a) Applications shall be postmarked or received by the department no later than June 1 to be considered for designation effective the following January 1.

(cm) Notwithstanding par. (a) , applications from owners of land entered as forest cropland under s. 77.02 , Stats., subject to an ownership change within 18 months prior to the end of the contract period shall be postmarked or received by the department no later than July 1 or later for good cause to be considered for designation effective the following January 1.

(d) Lands subject to an ownership change after the application deadline, but before the order of designation has been issued, may not be designated as managed forest land for the year for which the original application was submitted. Ownership changes taking place after the issuance of an order of designation shall be processed as a normal transfer after January 1. The new owner shall submit a new and complete application by the next applicable deadline. The department may designate land that remains under the original ownership effective January 1 of the year for which the original application was submitted providing the remaining land qualifies for entry.

(e) Each application submitted to the department for a new designation or a conversion of forest cropland to managed forest land shall include a nonrefundable application fee of $30.00 per county in which the land that is the subject of the application is located.

(2)   Attachments.

(a) A copy of the recorded legal instrument giving the applicant an ownership interest in the land subject to the application shall accompany and be part of the application.

(b) The applicant shall furnish 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 applied for designation.

(c) Upon request by the department, the applicant shall also submit a copy of the legal instrument giving the applicant an ownership interest in all land in the same municipality which is contiguous to the land subject to the application.

(d) Upon request by the department, the applicant shall furnish further documentation on the establishment, by-laws, agreements or the status of corporations, partnerships, trusts and cooperatives having an ownership interest in the land subject to the application.

(e) A copy of any certified survey map recorded for the land subject to the application, or referenced in the legal instrument provided under par. (a) and pertaining to land adjacent to land subject to the application shall accompany and be part of the application.

(f) A management plan, on forms provided by the department, by all persons with an ownership interest.

(g) A map, on forms provided by the department, showing land eligible for designation and areas designated as closed to public access under s. 77.83 , Stats. The map shall show major land features, using conventional map symbols, and vegetation cover types indicating species, size and density where appropriate.

(h) Reconnaissance data and scheduled practices on forms provided by the department.

(3)   Encumbrances. Any person holding encumbrances on the land subject to the application shall sign the application prior to its filing to indicate agreement with it.

(4)   Unpaid taxes. The applicant shall upon request of the department furnish proof acceptable to the department that taxes are paid in full.

(5)   Same ownership. All eligible land under the same ownership and located in the same municipality when applied for designation in the same year, shall be designated under the same order of designation. All eligible land under the same ownership that crosses any municipal boundary where land designated for entry in any one municipality is less than 10 acres in size or less than 80% productive, when applied for designation in the same year, shall be designated under the same order of designation.

(6)   Application amendments. An application for designation of land as managed forest land may be altered or amended to accurately reflect lands eligible for entry prior to issuance of the order of designation.

(7)   Additions. An owner may apply to the department to designate 10 or more acres of land as managed forest land which is contiguous to land that was designated as managed forest land on or after April 28, 2004 as an addition to the previously designated and contiguous managed forest land. If the application for an addition is for land which is contiguous to land that was designated as managed forest land on or after April 28, 2004 in an adjacent municipality, the land must be designated under a separate order if it meets the eligibility requirements under s. NR 46.17 and s. 77.82 (1) (a) , Stats.

(9)   Department prepared applications.

(a) The department shall refer all requests for managed forest law applications to certified plan writers.

(b) The department may agree to develop an application to be filed under s. 77.82 (2) , (4) , (4g) , (4m) or (12) , Stats., if, by the January 1 prior to the application deadline, services by an independent certified plan writer are not available in the county in which the land is located. The department shall notify the owner in writing if the department agrees to prepare the management plan. Managed forest law applications includes requirements under s. 77.82 (2) , (2m) , and (3) , Stats., and s. NR 46.16 (1) , (2) , (3) , and (6) , and s. NR 46.18 .

Cr. Register, October, 1986, No. 370 , eff. 11-1-86; cr. (7), Register, October, 1987, No. 382 , eff. 11-1-87; am. (4), Register, October, 1990, No. 418 , eff. 11-1-90; cr. (1) (c), Register, October, 1994, No. 466 , eff. 11-1-94; am. (1) (b), Register, October, 1995, No. 478 , eff. 11-1-95 ; am. (2), Register, October, 1997, No. 502 , eff. 11-1-97; cr. (8), Register, December, 1998, No. 516 , eff. 1-2-99; cr. (1) (b) 3., Register, October, 2000, No. 538 , eff. 11-1-00; CR 03-034 : am. (1) (c) Register October 2003 No. 574 , eff. 11-1-03; CR 04-136 : r. and recr. (1), am. (2) (a) and (7), cr. (2) (e) Register July 2005 No. 595 , eff. 8-1-05; CR 07-024 : cr. (1) (e), am. (5), Register October 2007 No. 622 ,. eff. 11-1-07; CR 09-031 : am. (5) Register November 2009 No. 647 , eff. 12-1-09; CR 08-023b: am. (1) (b) and (6) Register February 2010 No. 650 , eff. 3-1-10; CR 10-031 : cr. (1) (cm), am. (7) Register October 2010 No. 658 , eff. 11-1-10; CR 11-013 : am. (1) (intro.), (a), (cm), (d), (e), (2) (a) to (e), (3) to (7), r. (1) (b), (c), (8), cr. (2) (f), (g), (h), (9) Register December 2011 No. 672 , eff. 1-1-12.

Note

Note: This subsection interprets and administers s. 77.82 (2m) and (4) , Stats., relating to application fees. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: Forms can be obtained by contacting the Division of Forestry, Bureau of Forest Management, PO Box 7921, Madison, WI 53707. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: This section interprets and administers s. 77.82 (1) , (2) and (7) (c) , Stats., relating to submission of a petition for designation, and s. 77.82 (7) (a) 5. , Stats., regarding payment of taxes. Further petitioning requirements and provisions are contained in s. 77.82 (2) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1