Section NR 46.17 - Managed forest land eligibility(1) REQUIRED TIMBER PRODUCTION. (a) A minimum of 80% of an entire managed forest land parcel shall be capable of producing merchantable timber as defined in s. NR 46.15(2).(b) No more than 20% of a managed forest land parcel may consist of land unsuitable for producing merchantable timber as provided in s. 77.82(1) (b) 1, Stats., or non-productive land as defined in s. NR 46.15(21m) or a combination of those types of land.1. For purposes of this determination, for lands designated as managed forest lands prior to January 1, 2022, the department shall consider only contiguous areas of non-productive land that comprise 2 or more acres.2. For purposes of this determination, for lands designated as managed forest lands on or after January 1, 2022, the department shall consider only contiguous areas of non-productive land that comprise 1 or more acres.(c)1. If the portion of land considered capable of producing merchantable timber in par. (a) does not meet density requirements established in subd. 2., it may be designated as managed forest land if the department determines that, within a reasonable timeframe, stocking levels can be increased to be consistent with density requirements and mandatory practices needed to achieve density standards are established in the management plan.2. Density standards established in the table below do not address other stand-level regeneration guidelines, such as adequate levels of pre-harvest and post-harvest advanced regeneration or percent stocking to ensure continued stand productivity. On a site-by-site basis, site conditions, species, and other regeneration guidelines specific to Wisconsin cover types may be evaluated to determine an alternative density standard. Stand Size Classes | Tree Diameter Ranges at 4.5 Feet From Ground Level | Minimum Medium Density |
Seedlings | 0"-1" | 800 trees per acre for natural stands. 400 trees per acre for planted stands. |
Saplings | 1"-5" | 400 trees per acre for natural stands. 300 trees per acre for planted stands. |
Pole timber For conifer species For other species | 5"-9" 5"-11" | 7 cords per acre |
Sawtimber For conifer species For other species | 9"+ 11"+ | 3,000 board feet per acre. |
(2) MINIMUM WIDTH. The minimum width of managed forest land is 120 feet except that segments less than 120 feet in width are permitted if the length to width ratio does not exceed 4 to 1.(3) BUILDINGS ON MANAGED FOREST LAND.(a)Buildings or improvements associated with buildings.1. For lands designated or renewed as managed forest land in 2017 and later, a building or an improvement associated with a building that is placed or constructed on land renders the land not eligible for designation.2. For lands designated as managed forest land prior to 2017, a building is allowed if it is not considered developed for human residence as defined in s. NR 46.15(9).(b)Hunting blinds.Tree stands and hunting blinds are permitted on lands enrolled in the managed forest law program if they meet all of the following criteria: 1. Are not connected to utilities;2. Are not used as a human residence;3. Do not interfere with forestry practices; and4. Are either: a. Tree stands and hunting blinds owned by, or constructed with permission of, the landowner; orb. Portable tree stands and hunting blinds placed on land designated as open to public access by a member of the public, and completely removed each day at the close of shooting hours.(c)Structures and fixtures needed for sound forestry.Structures and fixtures placed on land enrolled in managed forest law for this purpose shall be removed following the completion of the practice. Structures and fixtures needed for sound forestry may not include those that meet the definition of a building.(4) WITHDRAWN LAND. Land withdrawn under s. 77.88(1), (3k), or (3L), Stats., for failure to meet productivity requirements provided for in s. NR 46.17(1) (c) 2., may not be eligible for reentry in the program unless the department determines that there has been an environmental, ecological, or economic change that would allow the land to meet density requirements as provided for in s. NR 46.17(1) (c) 2., and productivity requirements as provided for in s. 77.82(1), Stats.(5) LEASES OR AGREEMENTS. An owner of managed forest land may enter into a lease or agreement on such lands so long as the terms of the lease or agreement do not conflict or interfere with any aspect of this chapter or subch. VI of ch. 77, Stats.Wis. Admin. Code Department of Natural Resources NR 46.17
Cr. Register, October, 1986, No. 370, eff. 11-1-86; r. and recr. (2), Register, October, 1989, No. 406, eff. 11-1-89.Amended by, CR 18-086: renum. (1) (b) to (1) (b) (intro.) and am., cr. (1) (b) 1., 2., (c), r. and recr. (3), cr. (4), (5) Register February 2020 No. 770, eff. 3-1-20; correction in (1) (c) 1. made under s. 35.17, Stats., Register February 2020 No. 770, eff. 3/1/2020This section interprets and administers s. 77.82(1), Stats., which describes further the eligibility requirements.