Ohio Administrative Code › Title 1501:3 - Division of Forestry › Chapter 1501:3-10 - Forest Management Plans › Section 1501:3-10-06 - Conversions and additions

Current through all regulations passed and filed through July 1, 2024
(A) In
			 the event a portion of the certified forest land is converted to a use for a
			 purpose other than production of a merchantable forest product the owner
			 
								will be
			 required to obtain an amended forest management plan and revised certification
			 of the portion not converted which 
								will be subject to the requirements of forest
			 land eligibility of rule
			 1501:3-10-02 of the
			 Administrative Code. Failure to obtain an amended forest management plan and a
			 revised certificate 
								will result in the issuance of a notice of
			 violation to the owner as specified in paragraphs (A) and (B)(1) of rule
			 1501:3-10-05 of the
			 Administrative Code. If the portion of forest land not converted no longer
			 meets the requirements of forest land eligibility of rule
			 1501:3-10-02 of the
			 Administrative Code, the certification 
								will be
			 canceled.
(B) The owner of a
			 certified parcel 
								will not be subject to a notice of violation
			 under this rule by reason of the fact that a merchantable forest product on the
			 certified parcel or portion is, through no fault of the owner, damaged or
			 destroyed by: fire, infestation, disease, storm, flood, or other natural
			 disaster, accident, trespass or war. The owner 
								will, as soon
			 as practicable, provide the division with notice of such disaster, the
			 emergency steps taken to cope with the same, and steps taken to ensure the
			 future productivity of the forest. The forest management plan
			 
								will be
			 amended as necessary. If a merchantable forest product is to be cut or removed
			 in connection with necessary salvage operations resulting from any such event,
			 the owner 
								will give prior notice of cutting to the chief.
			 Nothing in this rule 
								will be construed to subject any person to a
			 notice of violation for immediate action taken in good faith in the event of an
			 emergency.
(C) When certified
			 forest land that subsequent to such certification comes under an ordinance,
			 resolution, an easement or other restriction that prohibits compliance with
			 rules 1501:3-10-01 to
			 1501:3-10-06 of the
			 Administrative Code, the certification is canceled.
(D) Conversion of ownership
(1) When ownership of certified forest land
			 changes through sale, deed transfer or any other means, the certification is
			 canceled except that an ownership change to affect the transfer of a certified
			 property to new owner, 
									will not result in cancellation of certification
			 upon the affirmation by the new owner to the original agreement terms (FT-7)
			 and a forest management plan. A new owner affirmation
			 
									will be
			 accompanied by a non-refundable application fee of seventy-five dollars payable
			 to the division, and a forest management plan approved by the chief. The owner
			 
									will
			 notify the chief when an ownership change as described in this paragraph
			 occurs. When ownership transfers to a family member as defined in paragraph (O)
			 of rule
			 1501:3-10-01 of the
			 Administrative Code or as a result of death of the owner to their spouse, the
			 application fee is waived.
(2)
			 Certification for certified forest land 
									will be
			 canceled if the owner authorizes a lessee, a purchaser under a land installment
			 contract or any other person to manage such land in a manner that is not fully
			 consistent with the forest management plan approved under rule
			 1501:3-10-04 of the
			 Administrative Code. The owner 
									will notify the chief when a conversion of
			 ownership as described in this paragraph occurs.
(3) When certified forest land is divided or
			 split into two or more ownerships, the certification is canceled. except when
			 certified forest land is divided or split by the owner to the effect the
			 transfer to one or more family member(s) as defined in paragraph (O) of rule
			 1501:3-10-01 of the
			 Administrative Code. A family member or members, including the original owner,
			 may request a revision to the certification, if forest land meets eligibility
			 requirements of rule 1501:3-10-02 of the Administrative Code, upon the
			 affirmation by the family member or members to the original agreement terms
			 (FT-7) and forest management plan. Additional family members who become new
			 owners of portions of the original certified forest land may apply for
			 certification if forest land meets eligibility requirements of rule
			 1501:3-10-02 of the
			 Administrative Code.