All forest land qualifying under the provisions of section
5713.22 of the Revised Code
shall
will be
managed according to a forest management plan approved by the chief.
In order to be eligible under the provisions of
section 5713.23 of the Revised Code, the owner shall follow the provisions of
the forest management plan. At a minimum of every five years, the
The owner shall
will certify to
the chief that the forest is being managed according to the approved management
plan, at a minimum of every five years. The chief
may cause an examination of the forest land to determine compliance with the
forest management plan. Failure by the owner to comply with the provisions of
the forest management plan shall constitute a violation of section
5713.26 of the Revised Code. If
after notification of violation from the chief, and a failure to correct the
violation within a one hundred and eighty day period of time, the chief
shall
will
deem such failure cause to void the owner's declaration of intent in accordance
with section 5713.26 of the Revised Code and
the land shall be withdrawn from forest land tax reduction.
(A) The forest management plan needs to
contain the following information:
(1)
Identification of the owner(s) of the parcel with address(es);
(2) Acres of eligible forest land and total
acreage in each parcel;
(3) County
and township of eligible forest land or municipal incorporation;
(4) Maps that include each of the following:
(a) Property boundaries indicated on an
aerial photo or topographic map;
(b) Stands within the eligible parcel
delineated as to number or letter and acreage on the aerial photo or
topographic map defined in this paragraph;
(c) North arrow on all maps.
(5) A listing of the stands that
comprise all of the forest land to be committed to forest management. The
listing
shall
needs
to include the following information for each stand:
(a) A stand number or letter
(b) Forest type or tree species
composition;
(c) Diameter class or
classes;
(d) Estimated
acreage;
(e) Basal area or stocking
level.
(6) The owner's
general forest land management objectives;
(7) The property's potential for:
(a) timber production,
(b) wildlife habitat,
(c) soil and water conservation concerns, and
(d) recreation and aesthetic
considerations;
(8)
The management plan shall include
The management plan needs to include provisions
incorporating best management practices, as defined in paragraph (D) of rule
1501:3-10-01 of the
Administrative Code, to prevent nonpoint source pollution, erosion and minimize
sedimentation of waterways in all commercial and non-commercial cuttings and
all forest activities that directly or indirectly impact the forest
productivity. All cultural and management activities
shall
will be
executed according to accepted specifications that minimize nonpoint source
pollution. Any activity deviating from the best management practices
shall
will
first be approved by the chief
prior to the deviation.
(9) A work schedule for the duration of the
plan, which shall
will contain all commercial and non-commercial
cuttings and practices, road construction and other treatments needed for
continued certification.
(B) The following are land management
requirements and prohibitions:
(1) The
approved management plan
shall
will prescribe non-commercial cuttings necessary
to attain the production of the selected merchantable forest products specified
in paragraph (X) of rule
1501:3-10-01 of the
Administrative Code. Non-commercial cuttings scheduled in the management plan
shall
will be
completed on a timeline approved by the chief.
(2) The owner
shall
will submit a
timber harvest notice of intent and timber harvest plan according to the
procedure outlined in rule
1501:3-12-05 of the
Administrative Code relating to forestry pollution abatement before any
commercial cuttings are implemented. Notice of intent to harvest and a copy of
the timber plan
shall
will also be provided to the division prior to
initiation of the practice.
(3)
Grazing in certified forest lands by domestic animals is prohibited.
(4) The owner shall
will take
necessary precautions to protect the forest land from wildfires including
adherence to all practices proposed by the division of forestry to prevent
wildfires.
(5) The owner
shall
will
use cutting prescriptions under the advice of the division or a professional
consulting forester provided they are consistent with the approved forest
management plan and designed to assure the continuing production of
merchantable forest products.
(6)
The owner of certified forest land so
certified after April 1, 2004 shall
will use a master logger to perform any
commercial cuttings. The chief of the division of forestry may waive the
requirements of this paragraph if such requirements place an undue burden on
the owner of certified forest land and the waiver is obtained prior to the
commercial cutting.
(C)
Management plan approval process for plans written by a professional consulting
forester:
(1) The forest management plan will
be submitted to the chief who shall
will check the plan for compliance with the
provisions of this rule.
(2) The
forest management plan will be approved or disapproved by the chief. If
disapproved, the reasons for such disapproval shall
will be
supplied to the owner or owner's representative.
(3) The owner may appeal in writing, within
thirty days of its receipt, the decision of the chief. The chief
shall
will
supply their decision to the owner in writing.
(D) Forest management plan amendments:
An approved forest management plan may be extended or amended
by the owner with advance notice to the chief by filing a written request
indicating the nature and substance of the change. The chief will determine the
acceptability of the proposed change and shall
will inform the
owner, in writing, of its determination within thirty days of receipt of the
request. If the request for change is not approved by the chief, the owner may
appeal the decision, within thirty days of its receipt, by filing a written
appeal to the chief. When a request for change is approved, the chief
shall
will
inform the owner of the necessary administrative and technical procedures to
follow.
Notes
Ohio Admin. Code 1501:3-10-04
Effective:
7/1/2023
Five Year Review (FYR) Dates:
1/28/2024
Promulgated Under:
119.03
Statutory Authority: 5713.24, 1503.01
Rule
Amplifies: 5713.24
Prior Effective Dates: 02/16/1993, 01/09/2004,
05/11/2009, 01/28/2019
