SB 408

Under the Managed Forest Land (MFL) Program, the owner of land that meets

certain requirements as to size and the amount of timber on the land may apply to

have the Department of Natural Resources (DNR) designate the land as MFL. The

owner of such land then makes an annual payment that is lower than, and in lieu

of, the property taxes that normally would be payable on the land. In exchange, the

owner must comply with certain forestry practices and may keep a specific area

closed to public access; the remainder of the land must be kept open for recreational

activities consisting of hunting, fishing, hiking, sight-seeing, and cross-country

skiing. Land is not eligible for designation as MFL if more than 20 percent of the land

is unsuitable for producing merchantable timer, it is developed for commercial

recreation, for industry, or for any other use that DNR determines is incompatible

with the practice of forestry, or it is developed for a human residence.

Current law provides that DNR may, at the request of an owner of managed

forest land or of the governing body of any municipality in which any managed forest

land is located, or at its own discretion, investigate to determination whether the

designation as MFL should be withdrawn. Among the reasons why DNR may order

the withdrawal of all or a part of a parcel of MFL is for the failure of the land to

conform to an eligibility requirement. If DNR issues an order withdrawing land as

MFL, it must assess against the owner a withdrawal tax and a withdrawal fee unless

certain exceptions apply. Among the exceptions is an exception for an owner who

transfers ownership of managed forest land for a public road or railroad or utility

right-of-way. This bill expands the exceptions so that DNR may not assess a

withdrawal tax or a withdrawal fee against an owner who transfers ownership of

MFL to a county, city, village, or town for siting a public safety communications tower

if DNR orders the withdrawal on or after September 22, 2009.