Section NR 46.27 - Department orders(1) CHANGING ORDERS. In addition to orders established in subch. VI of ch. 77, Stats., the department may issue any of the following orders altering existing managed forest land orders: (a)Correction and amendment orders.Correction and amendment orders may be issued to correct factual errors. These orders correct issued orders to coincide with facts that are determined to have been in place at the time of the issuance of the order, including a change in acreage based on surveys including certified surveys, assessors' plats, county GIS, or monument reestablishment projects that more clearly calculate acreage of lands enrolled. Amendment orders are also used when a landowner changes public access designation.(b)Rescinding orders.Rescinding orders may be issued to cancel or adjust orders issued by the department. Rescinding orders may be issued in the following situations:1. The department determines that the land, or part of the land, was entered into the program by department error. Errors in the application by the owner or the certified plan writer do not constitute department error.2. The owner chooses to not be enrolled in the program after an order of designation is issued but prior to the effective date of that order.3. The department determines that an order other than an order of designation was issued in error.(2) ORDERS OF DESIGNATION AS A CONTRACT.(a)Timeline for exempt withdrawals due to material change.If a statute is enacted or a rule is promulgated that materially changes the terms of an existing order, as determined by the department, the department shall notify owners potentially impacted by the change. Owners shall send their request to withdraw their lands without withdrawal tax and fee due to the material change to the department in writing by the December 1 immediately following the effective date of the material change. If the material change is effective within 90 days preceding December 1, the owners have until the second December 1 following the effective date of the material change to request to withdraw their lands due to the material change.(b)Effective dates for exempt withdrawals due to material change.Upon receipt of a written request for withdrawal, if the department determines that the order was materially changed, the department shall order the withdrawal of the entry without the withdrawal tax and fee established in s. 77.88(5) and (5m), Stats. Requests for withdrawal provided to the department within the timelines established in par. (a) will be effective the following January 1 if received no later than December 1. (c)Land staying in the program after a material change.Owners who do not declare their request to withdraw their land within the timeline established in par. (a), or who do not declare their request in writing, shall have elected to accept the modifications to the contract or shall follow normal withdrawal procedures established in s. 77.88(3), Stats., including assessment of a withdrawal tax and fee as provided for in s. 77.88(5) and (5m), Stats.Wis. Admin. Code Department of Natural Resources NR 46.27
Adopted by, CR 18-086: cr. Register February 2020 No. 770, eff. 3-1-20; correction in (2) (c) made under s. 35.17, Stats., Register February 2020 No. 770, eff. 3/1/2020