Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 46 - Forest Tax Program › Subchapter III - Managed Forest Land › Section NR 46.15 - Definitions

Current through June 24, 2024
For terms used in this subchapter, the following
					 definitions apply:
(1) "Applicant"
				  means any person who has an ownership interest either in fee or equity or
				  established by statute.
(1m)
				  "Building" means any structure that is used for or able to be used for
				  sheltering people, machinery, animals, or plants, for storing property, or for
				  gathering, working, office, parking, or display space. Camping trailers and
				  recreational vehicles that are not connected to utilities or set upon a
				  foundation, in whole or in part, for more than a temporary time and that are
				  used as temporary living quarters for recreation, camping, or seasonal purposes
				  are not considered buildings for the purpose of the managed forest law
				  program.
(2) "Capable of producing
				  20 cubic feet of merchantable timber per acre per year" means land determined
				  by the department to be capable of such production based on site conditions and
				  scientific information specific to Wisconsin cover types.
Note:
Copies of normal yield tables are
					 available for review at the Department of Natural Resources, 101 South Webster
					 St., Box 7921, Madison, WI 53707.
(2m) "Certified plan writer" means a person
				  certified by the department under s.
				  NR
				  46.165.
(3) "Commercial logging operation" means the
				  cutting of forest products in accordance with the department approved
				  management plan, under a written contract or by employees of the owner, during
				  a specified time period.
(3m)
				  "Consideration" means a benefit to the promisor or a detriment to the promisee,
				  including the receipt of cash, goods, or in-kind services. Consideration does
				  not include payments received from a governmental body or non-profit
				  organization where the purpose of the payment is to provide public access for a
				  recreational activity.
Note:
This definition clarifies the
					 legislative intent of 2007 Wisconsin Act 20 which prohibits receiving
					 consideration for recreation on MFL land. The definition of "consideration" is
					 not meant to prohibit landowners, neighbors, and friends from assisting each
					 other in property management activities, such as clearing and maintaining
					 fences, watching each other's properties, or sharing land management activities
					 (such as conducting timber stand and wildlife habitat improvement projects
					 where several parties could collectively supply the proper equipment). The
					 definition of "consideration" is also not meant to prohibit hunters and other
					 recreational users from thanking landowners for recreating on their lands or
					 providing a gift for the use of the land, as long as the gift is reasonable and
					 given freely. DNR encourages friendly hunter-landowner relationships. The
					 definition of "consideration" is meant to prevent landowners from requiring
					 cash, goods, and services from recreational users as a condition for using
					 lands under the MFL program for recreational uses. In other words, landowners
					 are prohibited from requiring that a recreational user pay cash (for example
					 pay a lease on non-MFL lands, a hunting lodge or cabin, vehicle parking space,
					 or making a donation to a charity or fund raiser), provide a material good (for
					 example an ATV, culvert, gravel, television, or any other household or
					 non-household item), or provide a service (for example shingle and put siding
					 on a house, build a wildlife pond, restore an antique automobile, bail hay or
					 harvest grain, etc.) as a condition for permitting recreation on their MFL
					 land.
(4) "Contiguous" means
				  in actual contact with or touching at some point.
(5) "Correction order" means an order of the
				  department to correct a previously issued managed forest land order.
(6) "Cover type" means vegetation of a
				  predominant species or group of species, or, if timber, by predominant species
				  or group of species, size and density, which is an area 2 acres or more in
				  size.
(7) "Department" means the
				  department of natural resources.
(8) "Developed for commercial recreation"
				  means the alteration of the land or its features or the addition of
				  improvements which impede, interfere with or prevent the practice of
				  forestry.
(9) "Developed for human
				  residence" means land that contains a building for habitation that is
				  constructed or used as a domicile or that has a minimum of 5 of the following 8
				  characteristics:
(a) 800 square feet or more
				  in total area, using exterior dimensions of living space, including each level
				  and not including porches, decks or uninsulated screen porches.
(b) Indoor plumbing including water and
				  sewer, piped to either municipal or septic system.
(c) Central heating or cooling, including
				  electric heat, a furnace or heat with a circulation system.
(d) Full or partial basement, excluding crawl
				  spaces and frost walls.
(e)
				  Electrical service by connection to the lines of a power company.
(f) Attached or separate garage, not to
				  include buildings for vehicles used primarily for work or recreation on the
				  property.
(g) Telephone service
				  based locally.
(h) Insulated using
				  common insulation products.
Note:
"Developed for human residence" is not
					 meant to include storage or workshop buildings. If there is living space as
					 part of such buildings, the living space will be compared against the 8
					 characteristics.