Section NR 46.215 - Productivity(1) The department may require that an owner of managed forest land attempt to restore non-productive lands if it determines that all of the following conditions are met: (a) The managed forest land parcel is not 80% productive as provided for in s. 77.82(1) (a) 2, Stats., or land that is part of the 80% productive portion of the parcel does not meet density standards established in s. NR 46.17(1) (c) 1.(b) It is reasonably possible for the land to be restored so the parcel resumes compliance within a reasonable timeframe, based on guidelines specific to Wisconsin cover types.(c) The estimated cost of restoration is less than the estimated withdrawal tax for the withdrawal of the minimum number of acres under s. NR 46.22(1). To determine the estimated cost of restoration the department shall use data obtained through the administration of subch. VII of ch. NR 47 and may take into consideration any pertinent state grants available. Owners may dispute restoration cost estimates determined in this subdivision by obtaining and submitting to the department 3 quotes for the practices. Owners may be required to obtain quotes if the department has insufficient data from the administration of subch. VII of ch. NR 47.(2) If restoration is required under sub. (1), the management plan on file with the department shall be amended to include restoration practices that are agreed upon by the owner and the department. (a) The department may order a withdrawal under s. 77.88(1), Stats., if an owner chooses not to adopt adequate restoration practices or if the department determines that the owner has not sufficiently attempted the restoration practices adopted in the management plan.(b) The department may order a withdrawal under s. 77.88(3k) or (3L), Stats., of the minimum number of whole acres needed to be withdrawn for the parcel to resume compliance with productivity requirements if restoration practices are adopted into the management plan and the restoration is sufficiently attempted, as determined by the department, but is not successful within the timeframe established in the management plan. If determined appropriate, the department and the owner may agree to extend the timeframe of the restoration.Wis. Admin. Code Department of Natural Resources NR 46.215
Adopted by, CR 18-086: cr. Register February 2020 No. 770, eff. 3-1-20; correction in (1) (a) made under s. 13.92(4) (b) 7, Stats., Register February 2020 No. 770, eff. 3/1/2020