Section NR 46.23 - Sale or transfer(1) DEPARTMENT ORDERED TRANSFERS. Upon conveyance of managed forest land, the new owner of managed forest land shall file a transfer form or voluntarily withdraw all of the land conveyed within 30 days of the change in ownership. Failure to file a transfer form may render the managed forest land ineligible for continued designation. The department shall only issue an order transferring eligible conveyed land, except as provided in sub. (2m) (b). After the land conveyance, the department shall investigate both the land conveyed and the land retained, if any, to determine if eligibility requirements established in s. 77.82(1), Stats., are met and may transfer or withdraw land subject to all of the following: (a) If after a land conveyance the department determines a parcel meets all eligibility requirements other than that provided for in s. 77.82(1) (a) 2, Stats., a partial withdrawal may occur under s. 77.88(3k) or (3L), Stats., to allow the parcel to resume compliance with s. 77.82(1) (a) 2, Stats. If after a withdrawal under s. 77.88(3k) and (3L), Stats., the land no longer meets eligibility requirements due to parcel size, the land may be withdrawn as provided for in par. (b).(b) If the department determines that the land conveyed does not meet the eligibility requirements under subch. VI of ch. 77, Stats., except as provided for in par. (a), or a transfer form is not filed with the department, the department shall issue an order withdrawing the ineligible land. The withdrawal tax and fee under s. 77.88(5) and (5m), Stats., shall be assessed on the land ineligible for continuation. If eligible land remains after such a withdrawal, the department shall issue an order transferring those lands if a transfer form for the eligible lands is filed with the department.(c) If the department determines that the land retained after the conveyance, if any, does not meet the eligibility requirements under subch. VI of ch. 77, Stats., except as provided for in par. (a), the department shall issue an order withdrawing the ineligible land. The withdrawal tax and fee under s. 77.88(5) and (5m), Stats., shall be assessed on the land ineligible for continuation. (2m) LAND CONVEYED FROM A LARGE OWNERSHIP. (a) A management commitment under s. NR 46.18(4) (a) 4. does not qualify as a management plan under s. 77.88(2) (ac), Stats., unless considerations under s. NR 46.18(4) (a) are met. The transferee shall provide a management plan under s. 77.82(3), Stats., with all items listed under s. NR 46.16(2) (f), (g), and (h) and shall submit the management plan to the department for approval within one year of transfer.(b) If parcel size requirements are met, land conveyed from a large ownership may be transferred even if eligibility criteria established in s. 77.82(1) (a) 2, Stats., are not met, provided that upon the submission of the management plan required in par. (a), the owner voluntarily withdraws any ineligible acres following the procedure in sub. (1) (a).(c) Land conveyed from a large ownership that does not meet requirements in pars. (a) and (b) within one year of the transfer shall be withdrawn under s. 77.88(1), Stats. The withdrawal tax and fee under s. 77.88(5) and (5m), Stats., shall be calculated on the transferred land and issued to the owners of record. (3) PUBLIC ACCESS DESIGNATION. Eligible transfers requesting a change in the "open/closed" designation shall be in writing on department forms filed with and received by the department by December 1 for the change in the "open/closed" status to be eligible to be effective the following January 1. Requests for transfers, which change the "open/closed" designation, received by the department after December 1 but 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.(4) ATTACHMENTS. Each transfer request shall be on forms provided by the department and include the following: (a) A copy of the recorded legal instrument giving the transferee an ownership interest in the land subject to the transfer.(b) A copy of any certified survey map recorded for the transferred land transfer, or referenced in the legal instrument provided under par. (a).(c) A copy of a recent property tax bill or other documentation showing the parcel identification number used by that county to identify the specific real estate parcel being transferred. Note: Forms for transferring managed forest land should be sent to the DNR forester in the county where the land is located. Forms may be obtained online at dnr.wi.gov, search keywords "Managed Forest Law".
Note: This section interprets s. 77.88(2), Stats., which establishes further standards for transfer or sale of managed forest land.
(5) TRANSFER FEE. Thirty dollars for each county included on the application to transfer shall be credited to the appropriation under s. 20.370(2) (cr), Stats., from the transfer fee collected under s. 77.88(2) (ac), Stats. The amount credited may not exceed the transfer fee collected.Wis. Admin. Code Department of Natural Resources NR 46.23
Cr. Register, October, 1986, No. 370, eff. 11-1-86; renum to be (1), cr. (2), Register, October, 1989, No. 406, eff. 11-1-89; am. (1), Register, October, 1990, No. 418, eff. 11-1-90; cr. (3), Register, October, 2000, No. 538, eff. 11-1-00; CR 04-136: am. (2), cr. (4) Register July 2005 No. 595, eff. 8-1-05; CR 07-024: cr. (5), Register October 2007 No. 622, eff. 11-1-07; CR 11-013: cr. (2m), am. (4), (5) Register December 2011 No. 672, eff. 1-1-12.Amended by, correction in (2m), (5), made under s. 13.92(4) (b) 7, Stats., Register January 2017 No. 733, eff. 2/1/2017Amended by, correction in (5) made under s. 13.92(4) (b) 7, Stats., Register October 2018 No. 754, eff. 11/1/2018Amended by, CR 18-086: r. and recr. (1), r. (2), renum. (2m) to (2m) (a) and am., cr. (2m) (title), (b), (c), am. (3) Register February 2020 No. 770, eff. 3-1-20; correction in (1) (a) to (c), (2m) (c) made under s. 35.17, Stats., Register February 2020 No. 770, eff. 3/1/2020