2009 WISCONSIN ACT
365
An Act
to repeal
77.82 (2) (i), 77.82 (2m) (a) 2., 77.82 (7) (c) 1. and 77.82 (7) (c) 2.;
to renumber
77.82 (2m) (a) 1.;
to renumber and amend
77.82 (2m) (e) and 77.82 (3) (a);
to amend
20.370 (1) (cx), 26.09 (1b) (j), 77.06 (5), 77.82 (title), 77.82 (1) (bn), 77.82 (1) (c), 77.82 (2) (intro.), 77.82 (2) (cm), 77.82 (2) (e), 77.82 (2) (e), 77.82 (2) (f), 77.82 (2) (i), 77.82 (2m) (title), 77.82 (2m) (a) 1., 77.82 (2m) (a) 2., 77.82 (2m) (am), 77.82 (2m) (c), 77.82 (2m) (d), 77.82 (2m) (dm) 1., 77.82 (2m) (e), 77.82 (3) (a), 77.82 (3) (c) (intro.), 77.82 (3) (g), 77.82 (4), 77.82 (4g) (a), 77.82 (4g) (b), 77.82 (4m) (a), 77.82 (4m) (b), 77.82 (4m) (d), 77.82 (5) (title), 77.82 (5) (a), 77.82 (5) (b), 77.82 (6) (a), 77.82 (6) (b) 2., 77.82 (7) (a) (intro.), 77.82 (7) (a) 2., 77.82 (7) (b) (intro.), 77.82 (7) (b) 1., 77.82 (7) (c) 3., 77.82 (7) (d), 77.82 (8), 77.82 (10), 77.82 (11), 77.82 (11g), 77.82 (12), 77.86 (1) (c), 77.86 (1) (d), 77.86 (5) (a), 77.86 (5) (b), 77.87 (1), 77.87 (1g) (a), 77.87 (1g) (d), 77.87 (2), 77.87 (3), 77.88 (1) (b) 3., 77.88 (2) (b), 77.88 (2) (d) 1., 77.88 (2) (e), 77.88 (4), 77.88 (5) (ab) 1., 77.88 (5) (am) (intro.), 77.88 (6), 77.90, 77.91 (1) and 170.12 (5); and
to create
77.125, 77.82 (2) (dm), 77.82 (2m) (ac), 77.82 (3) (am), 77.88 (5g) and 710.12 of the statutes;
relating to:
petitions and management plans for the designation of managed forest land; transferrals of ownership of managed forest land; establishing stumpage values, filing cutting reports, and estimating withdrawal taxes under the managed forest land program; signatures and authentication requirements for orders under the forest croplands program; granting rule-making authority; making an appropriation; and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
20.370 (1) (cx) of the statutes is amended to read:
20.370
(1)
(cx)
Forestry — management plans.
All moneys
as calculated
received
under s. 77.82 (2m)
(dm) 1.
(ag)
for payment for management plans prepared
or completed
by plan writers who are under contract with the department under s. 77.82 (3).
Section
2
.
26.09 (1b) (j) of the statutes is amended to read:
26.09
(1b)
(j) "Stumpage value" means the applicable stumpage
rate
value
established
by rule
under s. 77.91 (1) or the fair market value of raw forest products less the cost of their harvesting, whichever is greater.
Section
3
.
77.06 (5) of the statutes is amended to read:
77.06
(5)
Tax levy on right to cut timber.
The department of natural resources shall assess and levy against the owner a severance tax on the right to cut and remove wood products covered by reports under this section, at the rate of 10% of the value of the wood products based upon the stumpage value
then in force
established under s. 77.91 (1)
. Upon making the assessment, the department of natural resources shall mail a duplicate of the certificate by registered mail to the owner who made the report of cutting at the owner's last-known post-office address. The tax assessed is due and payable to the department of natural resources on the last day of the next
calendar
month
after mailing
following the date
the certificate
is mailed to the owner
. The proceeds of the tax shall be paid into the forestry account of the conservation fund for distribution under s. 77.07 (3).
Section
4
.
77.125 of the statutes is created to read:
77.125
Signatures.
(1)
The signature of an official or an employee of the department of natural resources may be stamped, printed, or otherwise reproduced on an order under ss. 77.01 to 77.14 after the official or employee adopts the stamped, printed, or otherwise reproduced signature as his or her facsimile signature.
(2)
The signature or the facsimile signature under sub. (1) of an official or an employee of the department of natural resources meets the requirement under s. 706.05 (2) (a).
(3)
The requirement of s. 706.05 (2) (b) does not apply to orders issued under this subchapter.
Section
5
.
77.82 (title) of the statutes is amended to read:
77.82
(title)
Managed forest land;
petition
application
.
Section
6
.
77.82 (1) (bn) of the statutes is amended to read:
77.82
(1)
(bn) For purposes of par. (b) 3., the department by rule shall define "human residence" to include a residence of the
petitioner
applicant
regardless of whether it is the
petitioner's
applicant's
primary residence. The definition may also include up to one acre surrounding the residence for a residence that is not the
petitioner's
applicant's
primary residence.
Section
7
.
77.82 (1) (c) of the statutes is amended to read:
77.82
(1)
(c) In addition to the requirements under pars. (a) and (b), for land subject to
a petition
an application
under sub. (4m), all forest croplands owned by the
petitioner
applicant
on the date on which the
petition
application
is
submitted
filed
that are located in the municipality or municipalities for which the
petition
application
is
submitted
filed
shall be included in the
petition
application
.
Section
8
.
77.82 (2) (intro.) of the statutes is amended to read:
77.82
(2)
Petition
Application
.
(intro.) Any owner of land may
petition
file an application with
the department to designate any eligible parcel of land as managed forest land.
A petition
An application
may include any number of eligible parcels under the same ownership. Each
petition
application
shall include all of the following:
Section
9
.
77.82 (2) (cm) of the statutes is amended to read:
77.82
(2)
(cm) A copy of an instrument that has been recorded in the office of the register of deeds of each county in which the property is located that shows the ownership of the land subject to the
petition
application
.
Section
10
.
77.82 (2) (dm) of the statutes is created to read:
77.82
(2)
(dm) A proposed management plan.
Section
11
.
77.82 (2) (e) of the statutes is amended to read:
77.82
(2)
(e) A statement of the owner's forest management objectives for the production of merchantable timber, in sufficient detail to provide direction for the development and approval of a management plan. The
petition
application
may also state additional forest management objectives, which may include wildlife habitat management, aesthetic considerations, watershed management and recreational use.
Section
12
.
77.82 (2) (e) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
77.82
(2)
(e) A statement of the owner's forest management objectives for the production of merchantable timber, in sufficient detail to provide direction for the
development and
approval of
a
the proposed
management plan. The application may also state additional forest management objectives, which may include wildlife habitat management, aesthetic considerations, watershed management and recreational use.
Section
13
.
77.82 (2) (f) of the statutes is amended to read:
77.82
(2)
(f) Proof that each person holding any encumbrance on the land agrees
to the petition
that the application may be filed
.
Section
14
.
77.82 (2) (i) of the statutes is amended to read:
77.82
(2)
(i) If a proposed management plan is not
submitted
filed
with the
petition
application
, a request that the department prepare a management plan. The department may decline to prepare the plan.
Section
15
.
77.82 (2) (i) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.
Section
16
.
77.82 (2m) (title) of the statutes is amended to read:
77.82
(2m)
(title)
Fees for
petitions
applications and management plans
.
Section
17
.
77.82 (2m) (a) 1. of the statutes is amended to read:
77.82
(2m)
(a) 1.
A petition
An application
under sub. (2), (4m), or (12) shall be accompanied by a nonrefundable application recording fee of $20 unless a different amount for the
recording
fee is established by the department by rule at an amount equal to the average expense to the department for recording an order issued under this subchapter.
Section
18
.
77.82 (2m) (a) 1. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 77.82 (2m) (a).
Section
19
.
77.82 (2m) (a) 2. of the statutes is amended to read:
77.82
(2m)
(a) 2. If
a petition
an application
under sub. (2), (4m), or (12) is not accompanied by a proposed management plan that meets the requirements under par. (c), the department shall charge the plan preparation fee established under par. (am) if the department agrees to complete the plan.
Section
20
.
77.82 (2m) (a) 2. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.
Section
21
.
77.82 (2m) (ac) of the statutes is created to read:
77.82
(2m)
(ac) If the department prepares a management plan under sub. (3) (am), the department shall collect from the applicant the management plan fee established under par. (am).
Section
22
.
77.82 (2m) (am) of the statutes is amended to read:
77.82
(2m)
(am) The department shall by rule establish on an annual basis a nonrefundable fee that the department shall charge for a management plan prepared
or completed
by the department
, including any plan prepared by a certified plan writer contracted by the department under sub. (3) (g)
. The fee shall be based on the comparable commercial market rate that is charged for preparation of such management plans.
Section
23
.
77.82 (2m) (c) of the statutes is amended to read:
77.82
(2m)
(c) A proposed management plan is exempt from the
management
plan
preparation
fee under par.
(a) 2.
(ag)
if it is prepared
or completed
by an independent certified plan writer
instead of by the department
.
Section
24
.
77.82 (2m) (d) of the statutes is amended to read:
77.82
(2m)
(d) All of the
application
recording fees collected under par. (a)
1.
shall be credited to the appropriation under s. 20.370 (1) (cr).
Section
25
.
77.82 (2m) (dm) 1. of the statutes is amended to read:
77.82
(2m)
(dm) 1. Of each
management plan
fee
,
$300 or the entire fee, whichever is less, that is collected under par.
(a) or (e) that is not credited to the appropriation under s. 20.370 (1) (cr)
(ag)
shall be credited to the appropriation under s. 20.370 (1) (cx).
Section
26
.
77.82 (2m) (e) of the statutes is amended to read:
77.82
(2m)
(e) If a proposed management plan accompanying
a petition
an application
filed under sub. (2), (4m), or (12) is not approved by the department under its initial review under sub. (3) (a), and if the department agrees to complete the management plan under sub. (3) (a), the department shall collect from the
petitioner
applicant
the plan preparation fee established under par. (am)
,
if the
petitioner
applicant
has not previously paid the fee.
Section
27
.
77.82 (2m) (e) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 77.82 (2m) (ag) and amended to read:
77.82
(2m)
(ag) If a proposed management plan accompanying an application filed under sub. (2), (4m), or (12) is not approved by the department under its initial review under sub. (3)
(a)
(ar)
, and if the department agrees to complete the
proposed
management plan under sub. (3)
(a)
(ar)
, the department shall collect from the applicant the
management
plan
preparation
fee established under par. (am)
, if the applicant has not previously paid the fee
.
Section
28
.
77.82 (3) (a) of the statutes is amended to read:
77.82
(3)
(a) A proposed management plan
may
shall
cover the entire acreage of each parcel subject to the
petition
application
. The department, after considering the owner's forest management objectives as stated under sub. (2) (e), shall review and either approve or disapprove the proposed management plan. If the department disapproves the plan, it shall inform the
petitioner
applicant
of the changes necessary to qualify the plan for approval upon subsequent review. At the request of the
petitioner
applicant
, the department may agree to complete the proposed management plan that has been prepared by an independent certified plan writer. The department shall complete any proposed management plan prepared by the department.
Section
29
.
77.82 (3) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 77.82 (3) (ag) and amended to read:
77.82
(3)
(ag) A proposed management plan shall cover the entire acreage of each parcel subject to the application
. The
and shall be prepared by an independent certified plan writer or by the department if par. (am) applies.
(ar) For a proposed management plan prepared by an independent certified plan writer, the
department, after considering the owner's forest management objectives as stated under sub. (2) (e), shall review and either approve or disapprove the proposed management plan. If the department disapproves the
proposed
plan, it shall inform the applicant of the changes necessary to qualify the plan for approval upon subsequent review. At the request of the applicant, the department may agree to complete the proposed management plan
that has been prepared by an independent certified plan writer. The department shall complete any proposed management plan prepared by the department
.
Section
30
.
77.82 (3) (am) of the statutes is created to read:
77.82
(3)
(am) If the department determines that an applicant is not able to have a proposed management plan prepared by a certified independent plan writer, the department shall prepare the plan. The department shall promulgate rules establishing the criteria that shall be met in order to determine that an applicant is unable to prepare such a plan.
Section
31
.
77.82 (3) (c) (intro.) of the statutes is amended to read:
77.82
(3)
(c) (intro.) To qualify for approval, a management plan
shall be prepared by an independent certified plan writer or prepared by the department and
shall include all of the following:
Section
33
.
77.82 (3) (g) of the statutes is amended to read:
77.82
(3)
(g) The department shall certify plan writers and shall promulgate rules specifying the qualifications that a person must satisfy to become a certified plan writer. For management plans prepared
or completed
by the department under this subsection, the department may contract with plan writers certified by the department to prepare and complete these plans.
Section
34
.
77.82 (4) of the statutes is amended to read:
77.82
(4)
Additions to managed forest land.
An owner of land that is designated as managed forest land under an order that takes effect on or after April 28, 2004, may
petition
file an application with
the department to designate as managed forest land an additional parcel of land if the additional parcel is at least 3 acres in size and is contiguous to any of that designated land. The
petition
application
shall be accompanied by a nonrefundable $20 application
recording
fee unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter. The fee shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr). The
petition
application
shall be filed on a department form and shall contain any additional information required by the department.
Section
35
.
77.82 (4g) (a) of the statutes is amended to read:
77.82
(4g)
(a) If an owner of land that is designated as managed forest land under an order that takes effect before April 28, 2004, wishes to have an additional parcel of land that is at least 10 acres in size and that satisfies the other requirements in sub. (1) designated as managed forest land, the owner may
petition
file an application with
the department under sub. (2) for a new order covering the additional land.
Section
36
.
77.82 (4g) (b) of the statutes is amended to read:
77.82
(4g)
(b) If an owner of land that is designated as managed forest land under an order that takes effect before April 28, 2004, wishes to have designated as managed forest land an additional parcel of land that is at least 3 acres in size, that does not satisfy the requirements in sub. (1), and that is contiguous to any of that designated land, the owner may withdraw the designated land from the original order and may
petition
file an application with
the department under sub. (2) for a new order covering both the withdrawn land and the additional land. The withdrawal tax and the withdrawal fee under s. 77.88 (5) and (5m) do not apply to a withdrawal under this paragraph.
Section
37
.
77.82 (4m) (a) of the statutes is amended to read:
77.82
(4m)
(a) An owner of land that is entered as forest croplands under s. 77.02 may
petition
file an application with
the department under sub. (2) to convert all or a portion of the land to managed forest land, subject to sub. (1) (c).
Section
38
.
77.82 (4m) (b) of the statutes is amended to read:
77.82
(4m)
(b)
A petition
An application
under this subsection shall specify whether the order designating the land as managed forest land will remain in effect for 25 years or 50 years, as elected by the owner.
Section
39
.
77.82 (4m) (d) of the statutes is amended to read:
77.82
(4m)
(d) An owner of land who has filed a conversion
petition
application
under this subsection and for whom the department is preparing or completing a management plan may withdraw the request and have it prepared by an independent certified plan writer if the owner determines that the department is not preparing
or completing
the management plan in a timely manner.
Section
40
.
77.82 (5) (title) of the statutes is amended to read:
77.82
(5)
(title)
Notice of
petition
application
; request for denial.
Section
41
.
77.82 (5) (a) of the statutes is amended to read:
77.82
(5)
(a) Upon receipt of
a petition
an application
under sub. (2), (4) or (4m), the department shall provide written notice of the
petition
application
to each clerk of each municipality in which the land is located.
Section
42
.
77.82 (5) (b) of the statutes is amended to read:
77.82
(5)
(b) The governing body of any municipality in which the proposed managed forest land is located or a resident or property tax payer of such a municipality may, within 15 days after the notice under par. (a) is provided, request the department to deny the
petition
application
on the grounds that the land fails to meet the eligibility requirements under sub. (1) or that, if the addition is approved, the entire parcel will fail to meet those eligibility requirements. The request shall be in writing and shall specify the reason for believing that the land is or would be ineligible.
Section
43
.
77.82 (6) (a) of the statutes is amended to read:
77.82
(6)
(a) The department shall conduct any investigation necessary to reach a decision on
a petition
an application
.
Section
44
.
77.82 (6) (b) 2. of the statutes is amended to read:
77.82
(6)
(b) 2. At least 10 days before the date of the hearing, the department shall mail written notice of the date, time
,
and place of the hearing to the
petitioner,
applicant, to
each person who submitted a request under sub. (5) (b)
,
and
to
the clerk of each municipality in which the land is located.
Section
45
.
77.82 (7) (a) (intro.) of the statutes is amended to read:
77.82
(7)
(a) (intro.) After considering the testimony presented at the public hearing, if any, the facts discovered by its investigation and the land use in the area in which the land is located, the department shall approve
a petition
an application
under sub. (2) or (4m) if it determines all of the following:
Section
46
.
77.82 (7) (a) 2. of the statutes is amended to read:
77.82
(7)
(a) 2. That all facts stated in the
petition
application
are correct.
Section
47
.
77.82 (7) (b) (intro.) of the statutes is amended to read:
77.82
(7)
(b) (intro.) After considering the testimony presented at the public hearing, if any, and the facts discovered by its investigation, the department shall approve
a petition
an application
under sub. (4) if it determines all of the following:
Section
48
.
77.82 (7) (b) 1. of the statutes is amended to read:
77.82
(7)
(b) 1. That all facts stated in the
petition
application
are correct.
Section
49
.
77.82 (7) (c) 1. of the statutes is repealed.
Section
50
.
77.82 (7) (c) 2. of the statutes is repealed.
Section
51
.
77.82 (7) (c) 3. of the statutes is amended to read:
77.82
(7)
(c) 3. Except as provided in par. (d), if
a petition
an application
is received on or before
May 15
June 1
of any year
from a petitioner who owns less than 1,000 acres in this state, who, before the deadline established by the department by rule, submitted a draft management plan prepared by an independent certified plan writer
,
and who
submits a completed plan, as defined by the department by rule, with the petition
, the department shall investigate and shall either approve the
petition
application
and issue the order under sub. (8) or deny the
petition
application
before the following November 21.
An application received after June 1 shall be acted on by the department as provided in this subdivision before the November 21 of the year following the year in which the application is received.
Section
52
.
77.82 (7) (d) of the statutes is amended to read:
77.82
(7)
(d) The department shall approve or disapprove
a petition
an application
under par. (a) that is
submitted
filed
under sub. (4m) within 3 years after the date on which the
petition is submitted to
application is filed with
the department.
Section
53
.
77.82 (8) of the statutes is amended to read:
77.82
(8)
Order.
If
a petition
an application
under sub. (2), (4m), or (12) is approved, the department shall issue an order designating the land as managed forest land for the time period specified in the
petition
application
. If
a petition
an application
under sub. (4) is approved, the department shall amend the original order to include the additional parcel. The department shall provide the
petitioner
applicant
with a copy of the order or amended order and shall also file a copy with the department of revenue, the supervisor of assessments
,
and the clerk of each municipality in which the land is located, and shall record the order with the register of deeds in each county in which the land is located.
Section
54
.
77.82 (10) of the statutes is amended to read:
77.82
(10)
Denial.
If the department denies
a petition
an application
, it shall notify the
petitioner
applicant
in writing, stating the reason for the denial.
Section
55
.
77.82 (11) of the statutes is amended to read:
77.82
(11)
Duration.
An order under this subchapter remains in effect for the period specified in the
petition
application
unless the land is withdrawn under s. 77.84 (3) (b) or 77.88. An amendment to or repeal of this subchapter does not affect the terms of an order or management plan, except as expressly agreed to in writing by the owner and the department and except as provided in sub. (11m).
Section
56
.
77.82 (11g) of the statutes is amended to read:
77.82
(11g)
Withdrawal tax on converted forest croplands prohibited.
No tax or interest may be assessed under s. 77.10 (2) (a) on land converted to managed forest land pursuant to
a petition
an application
approved under sub. (7) (d).
Section
57b
.
77.82 (12) of the statutes is amended to read:
77.82
(12)
Renewal.
An owner of managed forest land may
petition
file an application with
the department under sub. (2) for renewal of the order.
A petition filed by an owner of 1,000 acres or more in this state
An application for renewal
shall be filed no later than the
March 31
June 1
before the expiration date of the order.
A petition filed by an owner of less than 1,000 acres in this state shall be filed no later than the 2nd July 1 before the expiration date of the order, except that if the owner satisfies the requirement in sub. (7) (c) 3., the petition shall be filed no later than the May 15 before the expiration date of the order.
The
petition
application
shall specify whether the owner wants the order renewed for 25 or 50 years. The provisions under subs. (5), (6), and (7) do not apply to
a petition
an application
under this subsection. The department may deny the
petition
application
only if the land fails to meet the eligibility requirements under sub. (1), if the owner has failed to comply with the management plan that is in effect on the date that the
petition
application
for renewal is filed, or if there are delinquent taxes on the land. If the
petition
application
is denied, the department shall state the reason for the denial in writing.
Section
58
.
77.86 (1) (c) of the statutes is amended to read:
77.86
(1)
(c) If the proposed cutting conforms to the management plan
and is consistent with sound forestry practices
, the department shall approve the request.
Section
59
.
77.86 (1) (d) of the statutes is amended to read:
77.86
(1)
(d) If the proposed cutting does not conform to the management plan
or is not consistent with sound forestry practices
, the department shall assist the owner in developing an acceptable proposal before approving the request.
Section
60
.
77.86 (5) (a) of the statutes is amended to read:
77.86
(5)
(a) Any person who fails to file the notice required under sub. (1) (b)
or
,
who
intentionally
fails to file a report as required under sub. (4), or who
files a false report under sub. (4) shall forfeit not more than $1,000.
Section
61
.
77.86 (5) (b) of the statutes is amended to read:
77.86
(5)
(b) Any owner who
intentionally
cuts merchantable timber in violation of this section is subject to a forfeiture equal to 20% of the current value of the merchantable timber cut, based on the stumpage value established under s. 77.91 (1).
Section
62
.
77.87 (1) of the statutes is amended to read:
77.87
(1)
Taxation.
The department shall assess a yield tax against each owner who cuts merchantable timber
and files a report
under s. 77.86.
If the owner fails to timely file a report under s. 77.86 (4), the department shall determine the value of the merchantable timber cut for the assessment of the yield tax.
The yield tax shall equal 5% of the value of the merchantable timber cut, based on the stumpage value established under s. 77.91 (1). The department shall mail a copy of the certificate of assessment to the owner at the owner's last-known address.
Section
63
.
77.87 (1g) (a) of the statutes is amended to read:
77.87
(1g)
(a) An order converting forest cropland to managed forest land pursuant to
a petition
an application
approved under s. 77.82 (7) (d).
Section
64
.
77.87 (1g) (d) of the statutes is amended to read:
77.87
(1g)
(d)
A
An
order
petitioned for
for which an application is filed
under s. 77.82 (4g) (b).
Section
65
.
77.87 (2) of the statutes is amended to read:
77.87
(2)
Supplemental
yield
tax.
At any time within one year after a report is filed under s. 77.86 (4), the department, after notifying the owner and providing the owner with the opportunity for a hearing, may determine whether the report is accurate. If the department determines that the quantity of merchantable timber cut exceeded the amount on which the tax was assessed under sub. (1), the department shall assess a supplemental
yield
tax on the additional amount as provided under sub. (1).
Section
66
.
77.87 (3) of the statutes is amended to read:
77.87
(3)
Payment.
A tax assessed under sub. (1) or (2) is due and payable to the department on the last day of the
next
month following the date the certificate is mailed to the owner. The department shall collect interest at the rate of 12% per year on any tax that is paid later than the due date. Amounts received shall be credited to the conservation fund.
Section
67
.
77.88 (1) (b) 3. of the statutes is amended to read:
77.88
(1)
(b) 3.
Intentional cutting
Cutting
by the owner in violation of s. 77.86.
Section
68
.
77.88 (2) (b) of the statutes is amended to read:
77.88
(2)
(b) If the land remaining after a transfer under par. (a) is contiguous and meets the eligibility requirements under s. 77.82 (1) (a) 2. and (b), it shall continue to be designated as managed forest land until the expiration of the existing order, even if the parcel contains less than 10 acres. Notwithstanding s. 77.82 (12), an owner may not
petition
file an application with
the department for renewal of the order if the parcel contains less than 10 acres. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed when the remaining land is withdrawn at the expiration of the order.
Section
69
.
77.88 (2) (d) 1. of the statutes is amended to read:
77.88
(2)
(d) 1. Within
10
30
days after a transfer of ownership, the
former owner
transferee
shall, on a form provided by the department, file with the department a report of the transfer signed by
the former owner and
the transferee. The
report shall be accompanied by a $100 fee which
transferee shall pay a $100 fee that will accompany the report. The fee
shall be deposited in the conservation fund. Twenty dollars of the fee or a different amount of the fee as may be established under subd. 2. shall be credited to the appropriation under s. 20.370 (1) (cr). The department shall immediately notify each person entitled to notice under s. 77.82 (8).
Section
70
.
77.88 (2) (e) of the statutes is amended to read:
77.88
(2)
(e) The transferred land shall remain managed forest land if the transferee, within 30 days after the transfer, certifies to the department an intent to comply with the existing management plan for the land and with any amendments
agreed to by the department and the transferee
to the plan
, and provides proof that each person holding any encumbrance on the land agrees to the designation. The transferee may designate an area of the transferred land closed to public access as provided under s. 77.83. The department shall issue an order continuing the designation of the land as managed forest land under the new ownership.
Section
71
.
77.88 (4) of the statutes is amended to read:
77.88
(4)
Nonrenewal.
If an owner does not
petition
file with
the department
an application
to renew a managed forest land order, the department shall order the land withdrawn at the expiration of the order. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed.
Section
72
.
77.88 (5) (ab) 1. of the statutes is amended to read:
77.88
(5)
(ab) 1. "Expanded order" means an order approved under s. 77.82 (8)
that is petitioned for
for which an application is filed
under s. 77.82 (4g) (b).
Section
73
.
77.88 (5) (am) (intro.) of the statutes is amended to read:
77.88
(5)
(am) (intro.) For land that is withdrawn within 10 years after the date on which an initial managed forest land order was issued under s. 77.82 (8) for
a petition
an application
approved under s. 77.82 (7) (d), the withdrawal tax shall be the higher of the following:
Section
74
.
77.88 (5g) of the statutes is created to read:
77.88
(5g)
Estimates of withdrawal tax.
(a) Upon the request of an owner of managed forest land, the department of revenue, with the assistance of the department, shall prepare an estimate of the amount of withdrawal tax that would be assessed under sub. (5) if the department were to issue an order to withdraw the land under this section.
(b) A request from an owner under this subsection shall be accompanied by a nonrefundable fee payable to the department of revenue of either $100 or the alternative nonrefundable fee calculated under par. (c), whichever is greater.
(c) The alternative nonrefundable fee shall be calculated by multiplying the total number of whole and partial acres by $5.
Section
75
.
77.88 (6) of the statutes is amended to read:
77.88
(6)
Determination of stumpage value.
In determining the stumpage value of merchantable timber for purposes of this section, an estimator agreed upon by the parties or, if they cannot agree, a forester appointed by a judge of the circuit court in the county in which the land is located shall estimate the volume of merchantable timber on the land. The estimate obtained shall be final. The department shall determine the current stumpage value of the merchantable timber, based on the
rule promulgated
applicable stumpage value established
under s. 77.91 (1). The owner shall pay the entire cost of obtaining the estimate.
Section
76
.
77.90 of the statutes is amended to read:
77.90
Right to hearing.
A petitioner
An applicant
under s. 77.82 or an owner of managed forest land who is adversely affected by a decision of the department under this subchapter is entitled to a contested case hearing under ch. 227.
Section
77
.
77.91 (1) of the statutes is amended to read:
77.91
(1)
Rule making; stumpage value
Stumpage values
.
Each year the department shall
promulgate a rule establishing a
establish
reasonable stumpage
value
values
for the merchantable timber grown in the municipalities in which managed forest land is located. If the department finds that stumpage values vary in different parts of the state, it may establish different zones and specify the stumpage value for each zone. The
rule
stumpage value
shall take effect on November 1 of each year.
Notwithstanding s. 227.11, the department may not promulgate or have in effect rules that established stumpage values.
Section
78
.
170.12 (5) of the statutes is amended to read:
170.12
(5)
Reservation of value.
The state reserves to itself 30% of the stumpage value,
as
established
by the department of natural resources by rule promulgated
under s. 77.91 (1), of any log raised pursuant to a permit issued under this section.
Section
80m
.
710.12 of the statutes is created to read:
710.12
Disclosure regarding managed forest land.
If real property, or any portion of the real property, that is being sold will, after the sale, continue to be subject to an order designating it as managed forest land under subch. VI of ch. 77, the owner of the property shall, no later than 10 days after the acceptance by the owner of the contract of sale or of the option contract, provide a written disclosure to the prospective buyer that the real property will continue to be subject to the order after the property is transferred. The disclosure shall explain that terms of orders designating managed forest land are for 25 or 50 years. The disclosure shall state that the division of forestry in the department of natural resources monitors management plan compliance under the managed forest land program, and shall provide information as to how to contact the division of forestry. The disclosure shall contain the following statement: "Changes you make to property that is subject to an order designating it as managed forest land, or to its use, may jeopardize your benefits under the program or may cause the property to be withdrawn from the program and may result in the assessment of penalties."
Section
81
.
Initial applicability.
(1)
Managed forest land applications and management plans.
The treatment of sections 20.370 (1) (cx) and 77.82 (2) (dm) and (e) (by
Section
12), (2m) (ac), (am), (c), (d), and (dm) 1., and (3) (am), (c) (intro.), and (g) of the statutes, the repeal of section 77.82 (2) (i) and (2m) (a) 2. of the statutes, the renumbering of section 77.82 (2m) (a) 1. of the statutes, and the renumbering and amendment of section 77.82 (2m) (e) and (3) (a) of the statutes first apply to applications filed on the effective date of this subsection.
(2)
Investigations on applications.
The treatment of section 77.82 (7) (c) 1., 2., and 3. of the statutes first applies to applications filed on the effective date of this subsection.
(3)
Cutting reports.
The treatment of sections 77.86 (5) (a) and (b), 77.87 (1) and (2) and 77.88 (1) (b) 3. of the statutes first applies to cutting of merchantable timber for which a cutting report is required on the effective date of this subsection.
(4)
Transfers of managed forest land ownership.
The treatment of section 77.88 (2) (d) 1. of the statutes first applies to transfers of ownership that occur on the effective date of this subsection.
(5)
Estimates of withdrawal tax.
The treatment of section 77.88 (5g) of the statutes first applies to notifications of investigations for withdrawing managed forest land that are issued on the effective date of this subsection.
(6m)
Real estate disclosure.
The treatment of section 710.12 of the statutes first applies to acceptances of contracts of sale or of option contracts that occur on the effective date of this subsection.
Section
82
.
Effective dates.
This act takes effect on the day of publication, except as follows:
(1)
Managed forest land applications and management plans.
The treatment of sections 20.370 (1) (cx) and 77.82 (2) (dm) and (e) (by
Section
12), (2m) (ac), (am), (c), (d), and (dm) 1., and (3) (am), (c) (intro.), and (g) of the statutes, the repeal of section 77.82 (2) (i) and (2m) (a) 2. of the statutes, the renumbering of section 77.82 (2m) (a) 1. of the statutes, and the renumbering and amendment of section 77.82 (2m) (e) and (3) (a) of the statutes and
Section
81 (1) of this act take effect on the 2nd June 1 after publication.
(2)
Estimates of withdrawal tax.
The treatment of section 77.88 (5g) of the statutes and
Section
81 (5
) of this act take effect on the first day of the 4th month beginning after publication.
(3)
Real estate disclosure.
The treatment of section 710.12 of the statutes and
Section
81 (6m) of this act take effect on the first January 1 beginning after publication.
