Ohio Administrative Code › Title 1501:3 - Division of Forestry › Chapter 1501:3-10 - Forest Management Plans › Section 1501:3-10-02 - Forest land eligibility

Current through all regulations passed and filed through July 1, 2024
Lands certified as eligible by the chief for
				taxation in accordance with section
				5713.23 of the Revised Code
				prior to November 7, 1994 shall remain certified as long as those lands comply
				with rule
				1501:3-10-07
				of the Administrative Code. No lands shall be certified as eligible by the
				chief
				pursuant to section 5713.23 of the Revised Code
				after the effective date of these rules unless lands meet the minimum
				qualifications of forest land and comply with the requirements of these
				rules.
(A) The forest land to be
			 certified shall consist of a minimum of ten  acres on
			 individual or contiguous parcels and shall be: no less than one hundred
			 and twenty feet wide; accessible for management and; meet the definition of
			 forest land as specified in paragraph 
								(P)of rule
			 1501:3-10-01 of the
			 Administrative Code.
(B) The forest
			 land to be certified shall have a forest management plan per rule
			 1501:3-10-04
			 of the Administrative Code.
(C)
			 Forest plantations are eligible for certification that
			 meet the definition in paragraph (R) of rule
			 1501:3-10-01 of the
			 Administrative Code.
(D) If
			 buildings exist on the forest land, the areas that are in total occupancy by
			 the buildings shall be excluded prior to determining classification. In the
			 cases of a homesite, a minimum of one acre shall be deducted from the total
			 acreage prior to classification. Acreage contained in streams, rivers, utility
			 and railroad rights-of-way , roads, and other
			 non-forested strips shall be deducted from the forested acreage where
			 
								they exceed, on average, one hundred twenty feet
			 in width. Natural or man-made lakes and ponds shall be deducted where said
			 structures exceed one acre in size.  If acreage deductions are made
			 from forest land pursuant to this paragraph, the remaining acreage must be a
			 minimum of ten acres.
(E) Property
			 lines and boundary lines between forest land to be classified and forest land
			 not to be considered for classification shall be visibly marked by the owner
			 prior to examination. The markings shall be made by one of the following:
			 blazing of trees with paint, or installation of fence, posts or stakes
								or metal or plastic signs
			 measuring at least 4 inches by 4 inches square or having a four inch
			 diameter. Each mark shall be visible from the
			 adjacent mark and no farther than 
								one hundred
			 feet apart. Posts or stakes used to meet the requirements of this paragraph
			 must have a height of at least four and one half feet above the ground and be
			 of a material that has a life-span of at least ten years when subject to the
			 natural elements including but not limited to decay and
			 photo-degradation.
(F) Lands from
			 which a merchantable forest product has been cut or removed within three years
			 prior to the time of application will be eligible for certification only if
			  the
			 removal resulted in an acceptable silvicultural practice as determined in the
			 sole discretion of the division, or the landowner
			 implements practices prescribed by the division to address the improper
			 harvesting. The requirement of this paragraph is waived if the removal of
			 the merchantable forest product was accomplished under a previous owner.
(G) Before forest land can be
			 certified eligible under this rule, the owner must affirm
			 intent to engage in management as defined in paragraph (V) of rule
			 1501:3-10-01 of the
			 Administrative Code, and must have completed the marking of property lines and
			 boundary lines between forest land to be classified and forest land not to be
			 considered for classification, as specified in paragraph (E) of this
			 rule.