Ohio Administrative Code › Title 1501:3 - Division of Forestry › Chapter 1501:3-10 - Forest Management Plans › Section 1501:3-10-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For purposes of rules
				1501:3-10-01 to
				1501:3-10-07 of the
				Administrative Code:
(A) "Accepted
			 silvicultural systems" means any even or 
								uneven-aged management process that includes all the
			 practices necessary to sustain a forest in a productive capacity. Practices
			 include any cutting or cultural treatment necessary to replace and develop a
			 forest stand.
(B) "Application"
			 means the submission of an online application, if available, or combination of
			 the request for classification of forest land (DNR Form FT-6) and three signed
			 agreement forms (DNR Form FT-7), an approved forest management plan, one copy
			 of an aerial photo or property plat, and one copy of the previous year's tax
			 bill.
(C) "Basal area" means the
			 total cross sectional area of all live commercial species of trees expressed as
			 square feet per acre and on individual trees, is measured at a point four and
			 one-half feet above the ground.
(D)
			 "Best management practices" means those generally accepted measures and
			 practices that meet minimum specifications in preventing soil erosion and other
			 nonpoint source pollution. The "BMPs for Erosion Control for Logging and
			 Forestry Practices in Ohio" published by ODNR, 2023 defines the generally
			 accepted measures and practices per this paragraph.
(E) "Certified forest land" means forest
			 lands as specified in paragraph (P) of this rule that have been approved and
			 certified by the chief for taxation in accordance with section
			 5713.23 of the Revised Code.
			 This includes a forest land certificate issued by the chief that identifies the
			 owner, parcel(s), qualifying forest land acreage, and copies of the
			 declarations filed with the county auditor of the county in which such lands
			 are located, instructing the auditor that the certified land
			 
								will be
			 taxed the current value for land devoted exclusively to forestry under section
			 5713.23 of the Revised
			 Code.
(F) "Chief" means the chief
			 of the Ohio department of natural resources, division of forestry or the
			 chief's designee.
(G)
			 "Clearcutting" means a silvicultural practice involving the removal of the
			 entire standing crop as well as all other undesirable trees and vegetation down
			 to a diameter of two inches measured at four and one-half feet above the ground
			 from an area of five acres or larger in preparation for renewal of the
			 forest.
(H) "Commercial cutting"
			 means any cutting prescribed by an approved forest management plan that
			 produces merchantable forest products and where the costs of cutting are less
			 than the revenues generated while maintaining the land in productive
			 forest.
(I) "Commercial species"
			 means species of forest trees suitable to the site and climate that are capable
			 of producing and regularly produce merchantable forest products. This
			 definition excludes species considered to be invasive plants.
(J) "Contiguous" refers to an eligible parcel
			 where forest lands are adjacent or near each other. These may be separated by
			 non-forest land owned and controlled by the owner, or federal, state, county or
			 township roads, easements, rights-of-way, energy transmission corridors, or
			 similar facilities, as long as vehicular access necessary for forest management
			 purposes is not precluded. Adjacent forest lands on two or more parcels under
			 the same owner that together meet the qualifications specified in paragraph (A)
			 of rule
			 1501:3-10-02 of the
			 Administrative Code and otherwise meeting the definition of this paragraph
			 
								are
			 considered contiguous.
(K)
			 "Crop-tree release" means a non-
								commercial cutting process by which
			 stand-specific objectives are established and "crop-trees" that will ultimately
			 meet these objectives are identified throughout the stand. These crop-trees are
			 then released from competition through the removal or deadening of adjacent
			 trees that interfere with the crown of the crop-trees.
(L) "Deferment cutting" means removal in one
			 cut of all trees from an area, save a small number of mature trees. Residual
			 mature trees will remain and be managed as a component of the new stand of
			 trees.
(M) "Division" means the
			 Ohio department of natural resources, division of forestry.
(N) "Examination" means a visit by the
			 division for the purpose of verifying conditions for forest tax law
			 classification or for checking plan compliance.
(O) "Family member" means spouse, son,
			 daughter, stepson, stepdaughter, stepparents, son-in-law, daughter-in-law,
			 grandson, granddaughter, father, mother, grandfather, grandmother,
			 step-grandfather, step-grandmother, and legally adopted children. Partnerships,
			 trusts, or limited liability corporations established by individual owners of
			 certified forest land for the benefit of themselves or any other family members
			 associated with the original certificate are also included in this
			 definition.
(P) "Forest land" means
			 land for which the primary purpose is the growing, managing and harvesting of a
			 merchantable forest product of commercial species under accepted silvicultural
			 systems through natural or artificial reforestation methods and for which there
			 is an approved forest management plan. The forest land
			 
								will
			 consist of a stand or stands of commercial species of forest trees which
			 contain at least fifty square feet of basal area or at least three hundred
			 stems per acre 
								and will be evenly distributed throughout the
			 stand. Land otherwise meeting the definition of forest land per this paragraph
			 but where such purposes are prohibited or made impracticable by ordinance,
			 resolution, easement or other restriction are excluded from this
			 definition.
(Q) "Forest management
			 plan" means a written document establishing direction and goals for the
			 management of a specific forest land area. If not prepared by the division, the
			 document 
								needs
			 to be developed by a professional consulting forester. The plan will
			 specify all silvicultural practices and activities necessary to accomplish the
			 merchantable production of a forest product, all practices that will minimize
			 adverse environmental effects and will include but not be limited to the
			 elements described in rule
			 1501:3-10-04 of the
			 Administrative Code.
(R) "Forest
			 plantation" means a stand artificially reforested with a commercial species and
			 established by planting or direct seeding. A plantation
			 
								will
			 have at least three hundred live stems per acre evenly distributed throughout
			 the site one full calendar year after reforestation.
(S) "Forestry" means management of forest
			 land.
(T) "Forestry services
			 provider" means a person offering any or all of the following services: tree
			 planting, implementation of best management practices, buyer of timber, or
			 implementation of a silvicultural activity. The chief may periodically prepare
			 a list of forestry services providers that desire to have their name appear on
			 such a list.
(U) "Invasive plant"
			 means an alien plant species whose introduction does or is likely to cause
			 economic or environmental harm or harm to human health.
(V) "Management" means an active physical
			 role in enhancing stand quality, future productivity and environmental quality
			 of forest land pursuant to forest management plan as specified in paragraph (Q)
			 of this rule.
(W) "Master logger"
			 means any company that has met the requirements set forth and been conferred
			 master logger status by the Ohio forestry association.
(X) "Merchantable forest product" means maple
			 syrup, timber or pulpwood, including veneer bolts, sawlogs, poles, posts,
			 chips, and fuelwood, that is produced on forest land, has a value in the market
			 and may be sold. This definition excludes Christmas trees.
(Y) "Non-commercial cutting" means the costs
			 of cutting exceed any revenues generated. This includes those practices that
			 improve the vigor and productivity of the remaining stand by cutting
			 non-commercial species; such cutting may involve removal of merchantable
			 products if it is incidental to the cutting.
(Z) "Non-commercial species" of trees means
			 forest trees that do not regularly produce merchantable products and include
			 but are not limited to the following species:
(1) Cornus spp. (dogwood);
(2) Carpinus caroliniana (American
			 hornbeam);
(3) Ostrya virginiana
			 (ironwood);
(4) Asimina triloba
			 (pawpaw);
(5) Cercis canadensis
			 (redbud);
(6) Amelanchier spp.
			 (service berry);
(7) Oxydendrum
			 arboreum (sourwood);
(8) Salix spp.
			 (willow);
(9) pomaceous trees;
			 and
(10) invasive plants.