FAQs: Private lands open for hunting, recreation on mapping tool
By: Department of Natural Resources
Warden Wire brings to you this special edition of FAQs – Frequently Asked Questions – dedicated to the Managed Forest Law (MFL) lands and the new online mapping tool unveiled by Gov. Scott Walker on November 6. The governor announced more than one million private acres classified as open for public use for specific outdoor recreational activities under the landowner-incentive program, known as MFL, are easier to find thanks to a new online state mapping tool. The mapping tool, created by the Department of Natural Resources, also includes lands enrolled under the Forest Crop Law. To access the mapping tool, visit the DNR website at dnr.wi.gov, and type “MFL open land” in the Search or Keywords field. To view the governor’s November 6 statement, visit: http://walker.wi.gov/Default.aspx?Page=db3d2547-4382-4c8d-a03c-9912e6749933
Activities allowed on the Managed Forest Law (MFL)–Open and Forest Crop Law (FCL) lands
What activities are allowed on MFL-Open and FCL lands?
The public may use MFL-Open lands for hunting, fishing, hiking, sight-seeing and cross-country skiing. Only hunting and fishing are allowed on FCL lands. All DNR hunting and fishing regulations and seasons apply. All other uses are prohibited unless the landowner gives permission.
Can I drive on MFL-Open and FCL lands?
No, access to MFL-Open and FCL lands is allowed for foot travel only. Vehicular traffic, including trucks, ATVs, snowmobiles, motorcycles or other motorized vehicles are not allowed unless the landowner gives permission.
I used to be able to drive on industrial land roads. Now the roads are gated. Can the industrial landowners legally gate the roads while enrolled in the MFL and FCL programs?
Yes, industrial landowners may gate their roads and prevent vehicular traffic. Neither the MFL nor FCL laws require landowners to allow vehicular traffic by the public on private roads or trails.
Are industrial landowners allowed to charge a fee to get a key to drive through the gates?
Yes, industrial landowners who gate their roads may charge users a fee to obtain a key for vehicular access. As long as the industrial landowner allows the public foot access to MFL-Open and FCL lands they are in compliance with the MFL program. Getting permission from the landowner to have vehicular access to the property is something that the landowner can control.
Can I ride a mountain bike on MFL-Open or FCL lands?
No, biking on MFL-Open or FCL lands is prohibited without landowner permission. Although bikes are not considered motorized vehicles, the only uses allowed on MFL-Open lands are hunting, fishing, hiking, sight-seeing and cross-country skiing. The only uses allowed on FCL lands are hunting and fishing. Access for these activities must be by foot access. Landowners may grant other uses on their lands with permission, however.
Finding information about the location of MFL-Open and FCL lands
How do I know which lands are open to public recreation?
There are two ways to start your search for tax law lands that are open to public recreation:
- There is an online map-based system that allows you to locate and obtain information on private forest lands open to public recreation. The MFL – Open and FCL mapping tool is available on the DNR website by going to http://dnr.wi.gov/ and searching MFL open land. You can also click Topics, click Lands and Outdoor Activities, and click Find land open to public to find the information as well.
- An “open lands listing” is created in March of each year and available on the DNR website or for sale in hard copy. Go to http://dnr.wi.gov and search Open Tax Law Land. This list shows legal descriptions only. You may need to reference county plat books to identify ownership boundaries, roads, rivers, lakes, and other physical land features. Plat books can be purchased from your county clerk, directly from the publisher, or are available at public libraries.
Where can I get a map of the MFL-Open or FCL lands?
Maps of MFL/FCL lands open to public recreation are recorded at the register of deeds office and can also be obtained from your local DNR Forester or the DNR office in Madison.
How do I contact a local DNR forester?
You can use the Forestry Assistance Locator. Go to: http://dnr.wi.gov and search ‘forest landowner’. Then click ‘Find a Forester’ and you will able to use the Forestry Assistance Locator to find the DNR Forester(s) who has responsibility for that area of the state. Once you’ve contacted the local DNR forester, he or she will be able to provide you with photo copies of MFL or FCL maps.
How do I find where the local DNR offices are?
Go to http://dnr.wi.gov and click on Contact, then office locations under the category of agency-wide.
Accessing MFL-Open and FCL lands
Do I need permission to access open MFL and FCL lands?
No, you don’t need permission from the landowner; however, contacting the landowner is encouraged, especially if the landowner lives near the site or when access is not readily apparent.
If the MFL-Open or FCL lands are not on a public road, can I still access the property?
Yes, landowners with MFL-Open and FCL lands are required to allow access across their MFL-Closed or non-tax law lands if other reasonable access is not readily available. In these situations, landowners may post signs indicating the preferred access route for the public to access the open lands. The public should contact landowners to ask where the access is if it is not readily apparent.
How do I contact a landowner under the MFL or FCL programs?
Addresses of the owners of MFL-Open or FCL lands are available within the Private Forest Lands Open to Public Recreation web application. Telephone numbers and email addresses are not available at this time.
Can landowners deny access to MFL-Open or FCL lands?
No, landowners cannot deny access to MFL-Open or FCL lands, including limiting the number of hunters on the land, or restricting access to a certain hunting period or season. Landowners can post signs indicating the preferred access route for the public to access the open lands.
What if I am denied access to or asked to leave open MFL/FCL lands?
Anyone denied access to or asked to leave open MFL/FCL lands should report that information to the local DNR Forester, DNR Conservation Warden, or you can call the DNR Call Center roll-free at 1-888-WDNRINFo (1-888-936-7463).
If the landowner has no legal access to their MFL-Open or FCL land, how do I access those properties?
You would need to contact the adjacent property owner and ask permission to cross his or her land to get to the MFL-Open or FCL lands.
If the owner of MFL-Open or FCL lands has access to their land through an easement, can I also use that easement to access the land?
The owner of MFL-Open or FCL lands who has access to their land through an easement cannot deny the public from using their easement if public access to MFL-Open or FCL land is not reasonably available through other means.
Signage of MFL-Open and FCL lands
Are the open MFL/FCL lands signed?
Landowners of open MFL/FCL lands are not required to sign their lands as open. Any posting of signs is the landowner’s choice. If landowners do post their open MFL/FCL lands, signs must clearly identify both the uses that are and are not allowed.
The DNR shows lands as MFL-Open or FCL, but when I got to the property, there were “No Trespassing” signs posted. Is the property open to public access or not?
Lands identified on the DNR website as open to public recreation must be open to public recreation for the entire year. If you are sure that you are on the right property and see that the landowner has posted “No Trespassing” signs, please report this occurrence to the local DNR Forester or DNR Conservation Warden.
I see a sign that says “Private Property” on what I believe is MFL-Open or FCL. Does this sign mean that I can’t hunt?
No, lands that are listed as MFL-Open or FCL must be open to the public for the authorized uses. Since “Private Property” signs generally mean “No Hunting” to the public, these signs are not legal to post on MFL-Open or FCL lands. You should report this occurrence to the local DNR Forester or DNR Warden.
Hunting on MFL-Open and FCL lands
Can a landowner prevent hunting during the 9-day gun deer season?
No, landowners must allow all types of hunting and seasons on MFL-Open and FCL lands, including hunting during the 9-day gun deer season.
Can I scout deer or sight my gun on MFL-Open or FCL lands?
People can hike on MFL-Open lands, so it would be difficult to prove that a person is scouting instead of hiking. Scouting is not allowed on FCL lands, since the only activities allowed on FCL lands are hunting and fishing. Sighting of guns on MFL-Open or FCL lands is prohibited. Hunters are encouraged to sight guns in at local shooting ranges.
Can I bait bear when hunting on MFL-Open or FCL lands?
Baiting is a legal part of bear hunting, therefore is permitted on MFL-Open and FCL lands. Hunters could be cited for litter if inorganic materials, such as paper, plastic, Styrofoam or other materials are left at the bait pile.
Is trapping allowed on MFL-Open and FCL lands?
No, trapping is not considered to be hunting and therefore not allowed on MFL-Open or FCL lands unless the landowner gives permission.
Can I use a treestand on MFL-Open and FCL lands?
Yes, treestands can be used for hunting. However, you or the treestand cannot cause damage to trees or the land. Cutting of shooting lanes, branches, or shrubs, or screwing in tree steps is considered to be causing damage to trees or land.
Can I leave my treestand on Open-MFL or FCL lands overnight?
No, you are not allowed to leave treestands overnight unless you have landowner permission.
If I shoot a deer and it dies in the landowner’s crop field, do I have the right to walk in the landowner’s field to retrieve my deer?
No, not unless you have the landowner’s permission. Landowners who have MFL-Open and FCL lands are required to provide access to those lands only. Crop fields are ineligible for enrollment in the MFL program. Therefore, the expressed permission for access does not apply to these crop fields. It is important for all hunters to speak with landowners to gain permission to retrieve deer in crop fields or other areas in which permission to access is not obtained.
Leasing of MFL lands
Can I lease MFL lands for hunting or recreation?
No, leasing of MFL land is prohibited. Any type of agreement in which “consideration” is made to the landowner in the form of cash, goods or services would be a violation of the MFL program.
Why are landowners who are enrolled in MFL not allowed to lease their lands to hunters?
Landowners may choose whether to enroll their lands into MFL and to allow public access. Landowners who close lands to public access are limited to 160 acres. Additional lands that are enrolled must remain open to public access. The leasing prohibition removes the incentive for landowners to subdivide properties in an effort to close more lands to the public, then turn around and lease those lands, when landowners could have left the lands in the MFL-Open tax status.
I would like to give the landowner a gift for allowing me to hunt on their property. Am I in violation of the MFL program’s leasing prohibition?
No, landowners who receive gifts from hunters that are given freely and not as a condition to hunt the property are not in violation of the leasing prohibition.
When would a gift received from a hunter be in violation of the MFL program’s leasing prohibition?
An MFL landowner who requires that a gift be provided in exchange for the hunter gaining access to the land is in violation of the MFL program’s leasing prohibition.
For more information
DNR Foresters can answer questions about the MFL and FCL programs. You can use the Forestry Assistance Locator to find the DNR Forester responsible for each county. Or you may contact your local DNR Conservation Warden about the state's hunting seasons. You also may contact the DNR Call Center.
The Call Center is staffed daily, 7 a.m. - 10 p.m., and offers bilingual service in Spanish and Hmong. The number is 1-888-936-7463.