Section NR 46.22 - Withdrawal(1) WITHDRAWAL BY DEPARTMENT ORDER. (a) The department may conduct any investigation necessary on managed forest land for purposes of ensuring compliance with program provisions provided in this chapter and subch. VI of ch. 77, Stats.(b) The department may order withdrawal of land under s. 77.88(1), Stats., if the land comprises any of the following: 1. An entire quarter quarter section, government lot or fractional lot of managed forest under the same order.2. An entire parcel of managed forest land.3. All managed forest land under the same order owned by the owner in a quarter quarter section, government lot or fractional lot.(c) Land remaining after a withdrawal under this section shall meet eligibility requirements established in s. 77.82(1), Stats., or the entire parcel of managed forest land may need to be withdrawn as provided for in s. 77.88(1), Stats.(2) VOLUNTARY WITHDRAWAL DEADLINES. Voluntary withdrawals submitted for processing under s. 77.88(3), (3j), (3k), and (3L), Stats., shall be filed with the department on forms provided by the department. Eligible requests received by the department no later than December 1 will be effective by the following January 1. Eligible requests for withdrawal received by the department after December 1 and before the end of the year, shall be effective January 1 of the second year beginning after the year in which the form is received. Note: Forms for withdrawal must be filed by the deadline. Forms for withdrawal may be obtained online at dnr.wi.gov, search keywords "Managed Forest Law".
(3) VOLUNTARY WITHDRAWAL; OTHER CONSTRUCTION; SMALL LAND SALES. (a) Owners of managed forest land requesting to voluntarily withdraw land under s. 77.88(3j), Stats., are responsible for all of the following: 1. Following any local ordinances that may apply to construction or land sales.2. Providing a map or detailed written description that clearly defines the area requesting to be withdrawn in enough detail that the department is able to delineate the boundaries of the area requesting to be withdrawn and verify the acreage of the area. If the request does not clearly describe the area to be withdrawn, the department may deny the request for withdrawal.(b) A withdrawal under this subsection may be used to rectify violations related to eligibility requirements established in s. 77.82(1) (b), Stats., subject to the constraints established in s. 77.88(3j) (b), Stats.(4) VOLUNTARY WITHDRAWAL; PRODUCTIVITY; SUSTAINABILITY. Upon the request of an owner of managed forest land to withdraw part of a parcel under s. 77.88(3k) or (3L), Stats., the department shall order withdrawal of the minimum number of whole acres that is necessary for the parcel to resume productivity requirements established in s. 77.82(1), Stats., if all of the following apply: (a) The department determines that the likely cause of the inability to meet productivity standards was a significant change in environmental or ecological condition that has occurred since the time of enrollment and the owner is not required to attempt restoration due to economic or other conditions as provided for in s. NR 46.215; or the department determines that the parcel does not meet productivity standards as a result of a land conveyance as described in s. NR 46.23.(b) The anticipated cause of the change in suitability of the parcel is not due to owner noncompliance with the program as established in this chapter and subch. VI of ch. 77, Stats., or noncompliance with management guidance to address forest regeneration or health concerns that have foreseeable repercussions on stand productivity. For the purposes of this paragraph, areas cleared under an easement for a public road or railroad or utility right-of-way are considered outside of owner control and not an issue of compliance.Wis. Admin. Code Department of Natural Resources NR 46.22
Cr. Register, October, 1986, No. 370, eff. 11-1-86; am. Register, October, 2000, No. 538, eff. 11-1-00.Amended by, CR 18-086: r. and recr. (1), am. (2), cr. (3), (4) Register February 2020 No. 770, eff. 3-1-20; correction in (4) (intro.), (b) made under s. 35.17, Stats., Register February 2020 No. 770, eff. 3/1/2020 Commonly accepted forest health guidelines can be found in Chapter 8 of the Department's Forest Management Guidelines PUB-FR-226. Forest regeneration concerns may include high deer population, invasive species, and other characteristics evaluated on a site-specific basis.
Note: This section interprets and administers s. 77.88(1), Stats., which authorizes the department to withdraw land from managed forest land designation and is consistent with the voluntary withdrawal provisions under s. 77.88(2), Stats., as it relates to the minimum size of a description of land that may be withdrawn.