Section NR 46.16 - Managed forest land application(1) APPLICATION DEADLINES. An application for a new designation or a renewal 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 received by the department no later than June 1 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. The new owner may submit a new and complete application by the next applicable deadline. The department may designate land included on the application 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. Ownership changes taking place after the issuance of an order of designation, but before January 1, shall be processed as a normal transfer after January 1, or the order shall be rescinded.(e) Each application submitted to the department for a new designation or a conversion of forest cropland to managed forest land shall include a nonrefundable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. This fee shall be submitted to the department within 14 days of the submission of the application along with a printed remittance form provided by the department. Note: This subsection interprets and administers s. 77.82(2m) and (4), Stats., relating to application fees.
(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, signed 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. 1. Productive cover types must be individually mapped when the cover type consists of 2 or more contiguous acres.2. For lands designated as managed forest lands prior to January 1, 2022, non-productive areas of the entry must be mapped when any contiguous area of non-productive land is at least 2 acres in size.3. For lands designated as managed forest lands on or after January 1, 2022, non-productive areas of the entry must be mapped when any contiguous area of non-productive land is at least 1 acre in size.(h) Reconnaissance data and scheduled practices on electronic forms provided by the department. Note: Forms can be obtained electronically through the Wisconsin Forest Inventory and Reporting System (WisFIRS).
(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 or renewal 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 the minimum parcel size or less than 80% productive, when applied for designation in the same year, shall be designated under the same order of designation. This subsection does not apply to land added to an existing managed forest land entry under sub. (7).(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 add land to a managed forest land order. To be eligible, the addition shall be a parcel that is at least 3 acres in size and that is contiguous to land that is designated as managed forest land on the date the application for addition is submitted. Land contained in an application for addition shall meet all current eligibility requirements under s. NR 46.17 and s. 77.82(1) (a), Stats., except for minimum acreage and productivity requirements, which shall be met at the time land is designated as managed forest land. Land contained in an application for addition shall have the same ownership as the existing entry.(7m) RENEWALS. (a) All land designated as managed forest land may be eligible for renewal. The department shall approve applications for an additional 25- or 50-year period at the end of an existing order period if all of the following are met: 1. The land meets all eligibility requirements outlined in s. NR 46.17 and s. 77.82(1), Stats.2. Items listed in s. 77.82(3) (c), Stats., have been updated within the 5 years prior to the date of the application for renewal and practices in s. NR 46.18(2) and (3) have been scheduled during the renewal order period; or a new management plan is submitted with the renewal application that meets all management plan requirements for new entries.3. The owner is in compliance with all aspects of the management plan that is in effect on the date that the application for renewal is filed.(b)1. If there is a parcel within the order that is less than 20 acres but greater than or equal to 10 acres, the land may be renewed once.4. If the current entry contains a parcel of managed forest land that is less than 20 acres and that parcel will remain less than 20 acres in the renewal period, then the parcel on the renewal application shall be identical to the current enrollment without any changes to acreage other than those provided for in s. NR 46.27(1). If such a parcel includes an ineligible building or improvement, a withdrawal under s. 77.88(3j), Stats., may be used to rectify the situation and allow the existing and renewed lands to be identical on the renewal application, subject to constraints provided for in s. 77.88(3j) (b), Stats. To be considered identical, the withdrawal form shall be submitted before the department can approve the renewal application.(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), (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.(10) APPLICATION SUBMISSION AND DATA COLLECTION. All applications submitted to the department shall be completed and submitted electronically through the Wisconsin Forest Inventory and Reporting System (WisFIRS) by a certified plan writer, unless a certified plan writer is unavailable, as provided for in s. 77.82(3) (am), Stats.Wis. Admin. Code Department of Natural Resources NR 46.16
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.Amended by, correction in (9) (b) made under s. 13.92(4) (b) 7, Stats., Register January 2017 No. 733, eff. 2/1/2017Amended by, CR 18-086: am. (1) (intro.), (a), r. (1) (cm), am. (1) (d), (e), renum. (2) (g) to (2) (g) (intro.), cr. (2) (g) 1. to 3., am. (2) (h), (5), (7), cr. (7m), (10), am. (3) (c) Register February 2020 No. 770, eff. 3-1-20; correction in (2) (f), (7m) (a) 1. made under s. 35.17, Stats., Register February 2020 No. 770, eff. 3/1/2020This 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.