Current through October 28, 2024
Section NR 48.04 - Department investigation and findings(1) The department's investigation of an application for withdrawal shall include but is not limited to:(a) An environmental review required by s. 1.11, Stats., and ch. NR 150.(b) An inspection of the land subject to the application, other land involved in the proposed transfer and other information available to the department describing the land and its values. The inspection shall be conducted by a department forester and other persons deemed appropriate by the department to participate in the inspection.(c) The holding of a public hearing or informational meeting when deemed necessary by the department or requested in writing by a county making a withdrawal application.(2) The department decision on the application shall include, but not be limited to, findings on the following: (a) Compliance of the application with the applicant's county forest comprehensive land use plan.(b) Disposition and use of all land and funds involved in the proposed withdrawal transaction.(c) Environmental impacts, including impacts on groundwater, surface water, wetlands, terrestrial resources and other environmentally sensitive areas on the land subject to the application as a result of the proposed use.(d) Impacts on endangered and threatened species of plants and wild animals.(e) Impacts on game and nongame species of wild animals.(f) Impacts on multiple use benefits of the land involved in the withdrawal and the remaining county forest.(g) Impacts on production of forest products and commodities.(h) Compliance with s. 1.11, Stats., and ch. NR 150.(i) The minimum value of the land subject to the application or involved in the proposed withdrawal transaction.(j) Impacts on archeological and historical values.(k) Economic impacts of the withdrawal versus continued entry under s. 28.11, Stats. (L) Whether upon withdrawal the land will be put to a better or higher use and whether the benefits of withdrawal to the people of the state as a whole and the county, outweigh the benefits under continued entry.(3) In making its findings, the department shall consider, but is not limited to considering: (a) Alternative land for the proposed purpose which is reasonably available.(b) Values to the public provided by the land subject to the application which may be lost and not replaced by the purchase and entry of additional land.(c) Economic, social or other values received by the county or state as a result of sale or exchange of the lands subject to the application.(d) Impacts on unique resource values.(e) Public health, safety or welfare impacts.(f) County forest benefits.(g) The history of the county's administration and enhancement of the county forests including land acquired and entered as county forest, public use opportunities and facilities developed on the forest.Wis. Admin. Code Department of Natural Resources NR 48.04
Cr. Register, September, 1996, No. 489, eff. 10-1-96.