Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-10 - Forest ecosystem and sustainability

Current through all regulations passed and filed through July 1, 2024
A forest management plan may be
				compatible with the purposes of the clean Ohio fund. Forest management plans,
				developed by a professional forester, must provide for methods to maintain or
				improve forest health, sustainability, diversity, and productivity. To achieve
				these goals, forest harvesting may occur on clean Ohio protected properties if
				done so in a manner that maintains or enhances the public benefits gained from
				the property. Under no circumstances shall a harvest be conducted for the
				primary purpose of generating funds. The commission encourages applicants to
				include forest management plans with land acquisition project applications
				submitted to a natural resource assistance council for review and approval.
				Forest management plans do not apply to lands being restored to native
				grassland or savanna. If a forest management plan is not available at the time
				of application, and a forest management plan is later developed, it must be
				submitted to the commission for approval prior to its implementation. The cost
				for development of a forest management plan is an eligible expense of the clean
				Ohio greenspace conservation program. Should an approved applicant intend to
				undertake forest harvesting, in addition to possession of a forest management
				plan, they must obtain certification to the principles and criteria of the
				forest stewardship council, sustainable forest initiative, or recognition in
				the american tree farm system.
(A)
								While the
			 commission gives discretion to the landowner on the silviculture method or
			 methods employed in the harvest of trees, even aged and two aged management
			 silvicultural prescriptions may only be undertaken when:
(1)
									The harvest is
			 designed to specifically benefit a state threatened or endangered
			 species;
(2)
									The harvest is designed to limit the damaging impacts
			 of a non-native invasive insect or disease;
(3)
									It is necessary
			 due to significant tree decline, mortality, or damage from severe weather
			 events;
(4)
									It is necessary to maintain or restore fire-adapted
			 forest species in decline due to fire suppression; or
(5)
									The harvest is
			 designed to convert or manage monocultural forests through a silvicultural
			 process.
A forest management plan shall only
				prescribe burns to promote natural regeneration of native tree and plant
				communities. Any timber harvest upon real property protected by the clean Ohio
				program may only occur based upon a written contract that contains provisions
				noting the clean Ohio fund interest in the property and which shall also set
				forth in detail all measures to be employed to protect relevant clean Ohio
				conservation values on the property. Any net proceeds derived from timber
				harvesting are required to be used for the future maintenance of the property.
				Financial records shall be maintained for a period of six years for the
				commission's inspection upon request.