Wis. Admin. Code Department of Natural Resources NR 46.02

Current through August 26, 2024
Section NR 46.02 - Definitions

For the terms used in subch. I, the following definitions apply:

(1) "Burning" means the presence of fire on forest land, except when used as a prescribed tool in the practice of sound forestry.
(2) "Commercial forest land" means forest land capable of producing wood products within 100 years and not withdrawn from timber production.
(3) "Department" means the state of Wisconsin department of natural resources.
(4) "Domicile" means the place of permanent residence.
(5) "Fishing" means taking, capturing, killing or fishing for fish of any variety in any manner under general provision. Landowners may prohibit activities other than public hunting and fishing on lands under the forest crop law.
(6) "Forest land" means land capable of producing wood products, having a minimum width of 120 feet, not developed for uses inimical to the practice of forestry and at least 10% stocked with forest trees of any of the following size classes:

Stand Size Classes

Tree Diameter Ranges at 4.5 Feet from Ground Level

Minimum Density

Seedlings

0"-1"

200 trees per acre

Saplings

1"-5"

100 trees per acre

Pole timber

5"-9"*,11"**

3 cords per acre

Sawtimber

9"+*, 11"**

1,300 board feet per acre

*For conifer species

**For other species

(7) "Fractional lot" means a portion of a section in a township formed by the excess or deficiency of land in said township, as shown by the U.S. government survey plat.
(8) "Government lot" means an irregular portion of a section formed by a meandered body of water, impassable object, a state or reservation or grant boundary or for other similar reasons as shown by U.S. government survey plat.
(9) "Grazing" means the feeding on grass, herbage or other growing plants by domestic animals. Animals used during timber harvest operations are exempt.
(10) "Hunting" means shooting, shooting at, pursuing, taking, catching or killing of any wild animal or animals other than trapping.
(11) "Land" means the property which is being considered for entry under the forest crop law or woodland tax law programs.
(12) "Merchantable timber" means standing trees by species and product which are because of size and quality, salable within a reasonable time period from the subject lands.
(13) "Non-commercial forest land" means forest land incapable of producing wood products within 100 years.
(14) "Non-forest" means farmland (including grazing pastures), water, marsh, muskeg, bog, rock outcrops, sand dunes, recreational land, industrial land, residential land and rights-of-way.
(15) "Non-productive area" means lands not producing or incapable of producing wood products.
(15m) "Open areas" means nonproductive areas capable of producing merchantable timber when stocked with suitable forest trees.
(16) "Petitioner or applicant" means any or all persons who have an ownership interest either in fee or equity with full control over forest practices on the lands.
(17) "Practice forestry", "sound forestry practices" and "sound forestry" mean sound and commonly accepted timber cutting, transporting and forest cultural methods recommended or approved by a qualified forester of the department for most effective propagation and improvement of the various timber types common to Wisconsin.
(18) "Public roads and railroad rights-of-way" means public roads or railroad rights-of-way active or abandoned, in public or railroad ownership.
(19) "Qualified forester" means a forester having a bachelor or higher degree from a school of forestry.
(20) "Quarter-quarter section" means a regular one-sixteenth part of a section, the boundaries of which are determined by a correctly executed subdivision of the section involved, as determined by U.S. government survey plat.
(21) "Renewal" means a continuation of an entry under the laws upon mutual consent of the landowner and department.
(22) "Standard units of measurement" means:
(a)
1. "Sawlogs-board feet" means forest products that have the following minimum specifications:

Position in tree

Butt or upper

Minimum diameter*, small end-Hardwoods

10.6"

Minimum diameter*, small end-Conifers

9.6"

Minimum length, without trim**

8' (except walnut and cherry, which are 4')

Sweep allowance***

1/2 of diameter small end for each 8' length

Maximum scale deduction for unsound defects

50%

Clear cuttings free of knots or other defects

No requirements.

Sound or unsound surface defect limitations

Diameter of knots, holes, rot, etc., may not exceed 1/3 diameter of log at point of occurrence.

Sound end defects

No requirements

*Diameter inside bark

**The maximum trim allowance is 8". Cut products that exceed the 8" trim allowance will be classified as misbucked and will be scaled as sawlogs at the next whole foot increment.

***Sweep is defined as the maximum departure distance of a line drawn between the ends of a log from the nearest surface of the log.

2. The required scaling method for sawlogs shall be according to the Scribner Decimal C log rule.
(b) "Cord" means 128 cubic feet including wood, air and bark assuming careful piling. Forest products described as cords are further defined to include all cut products not meeting the minimum specifications in par. (a) for sawlogs and which are not listed as piece products in par. (c).
(c)Piece products. Per piece, post, pole or Christmas tree.
(d)Weight. Converted to cord equivalent by species.
(23) "Stumpage" means the quantity of merchantable timber by product and species as listed in s. NR 46.30.
(24) "Tree scale" means the measurement of merchantable volume of standing trees.
(24m) "Understocked areas" means forest lands not meeting the minimum medium density classification (source, DNR Manual Code 8625.2) described in the following size classes:

Stand Size Classes

Tree Diameter Ranges at 4.5 Feet From Ground Level

Minimum Medium Density

Seedlings

0"-1"

800 trees per acre1

Saplings

1"-5"

400 trees per acre2

Pole timber

5"-9"*,11"**

7 cords per acre

Sawtimber

9"+*, 11"+**

3,000 board feet per acre

*For conifer species

**For other species

1 Applies to natural stands. Planted stands with uniform spacing qualify as medium density with 400 trees per acre.

2 Applies to natural stands. Planted stands with uniform spacing qualify as medium density with 300 trees per acre. Note: DNR Manual Code is available for inspection at any DNR office

(25) "Wood products" or "forest products" means those items listed on the current forest crop law stumpage values.

Wis. Admin. Code Department of Natural Resources NR 46.02

Cr. Register, January, 1980, No. 289, eff. 2-1-80; cr. (15m) and (24m), Register, October, 1983, No. 334, eff. 11-1-83; cr. (intro.) and am. (23), Register, October, 1986, No. 370, eff. 11-1-86; r. and recr. (22) (a) and (b), Register, October, 1991, No. 430, eff. 11-1-91; CR 10-031: am. (24m) Register October 2010 No. 658, eff. 11-1-10; correction in (intro.) made under s. 13.92(4) (b) 7, stats. Register December 2011 No. 672.
Amended by, CR 18-086: am. (25) Register February 2020 No. 770, eff. 3-1-20; correction in (22) (a) 1. made under s. 35.17, Stats., Register February 2020 No. 770, eff. 3/1/2020