Chapter 1501:3-10 Forest Management Plans

1501:3-10-01 Definitions.

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 unevenage unevenaged 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 Practices in Ohio (The Ohio State University Extension Bulletin 916, et. seq.)" shall define 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 shall 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" shall refer 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 shall be considered contiguous.

(K) "Crop-tree release" means a non-commerical 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 shall 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 which shall 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 must 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 shall 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.

(AA) "Nonpoint source pollution" means pollution of waterways or ground waters by a pollutant or pollutants whose source is from a broad area and cannot be attributed to a single defined point.

(BB) "Owner" includes, but is not limited to, any person, persons, or trust owning in fee simple, fee tail, or life estate.

(CC) "Professional consulting forester" means a person attaining the credential of certified forester as conferred by the society of American foresters or a person who is a member of the association of consulting foresters, or a person with a bachelor's degree in forestry who has been certified by the chief for the purposes of rules 1501:3-10-01 to 1501:3-10-07 of the Administrative Code . The chief may periodically prepare a list of persons meeting this definition.

(DD) "Selection cutting" means the removal of selected trees throughout the range of merchantable sizes at regular intervals either singly or in groups (group selection) of up to five acres in size to produce a merchantable forest product and enhance the quality of the residual stand.

(EE) "Seed-tree cutting" means the removal in one cut all trees from an area, save for a small number of mature trees for seed production. Residual trees may be left as individuals or small groups. The residual trees will be removed after the establishment of a new stand of trees.

(FF) "Shelterwood cutting" means removing a significant portion (generally one-half to one-third) of the mature trees in one cut from an area, with the remaining trees providing a source of seed and shelter for a new stand of trees. Residual mature trees will be removed after the establishment of the new stand of trees.

(GG) "Silvicultural activity" means any management activity that controls the establishment, composition, constitution, growth and productivity of forests.

(HH) "Stand" means an aggregation of trees occupying a specific area and sufficiently uniform in species composition, arrangement or condition so as to be sufficiently distinguishable from adjacent stands.

(II) " Parcel" means an identified area of land described and recorded on one deed.

Effective: 1/28/2019
Five Year Review (FYR) Dates: 11/13/2018 and 01/28/2024
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

1501:3-10-02 Forest land eligibility.

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.

Effective: 1/28/2019
Five Year Review (FYR) Dates: 11/13/2018 and 01/28/2024
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

1501:3-10-03 Application process and fee.

(A) Each owner of forest land desiring to have land classified under the provisions of section 5713.22 of the Revised Code shall apply to the chief, through the local division representative, who shall make available the appropriate application forms.

(B) Each application, as defined in paragraph (B) of rule 1501:3-10-01 of the Administrative Code, shall be post marked or received by July first accompanied by a nonrefundable application fee of seventy-five dollars payable to the Ohio division of forestry. The chief may waive the application fee if such waiver is deemed equitable and justified.

(C) The agreement and request for classification of forest land forms, signed by the owner, shall be forwarded by the owner to the chief for review and approval. The signatures on the completed forms must be that of the person(s) meeting the definition of owner as specified in paragraph (BB) of rule 1501:3-10-01 of the Administrative Code.

(D) Upon receipt of request for classification of forest land (DNR form FT-6) and one map with the property boundary delineated, the chief will cause an examination of the forest land . Such examination will be made at the convenience of the division and as soon as is practicable after the DNR form FT-6 and property boundary map are received and where property and forest boundary lines are marked according to paragraph (E) of rule 1501:3-10-02 of the Administrative Code.

(E) The chief shall forward a copy of the signed agreement form (DNR form FT-7), map, and certificate of approval to the county auditor in the county where the eligible parcel is located. The auditor will then tax the property as prescribed by section 5713.23 of the Revised Code. Forest land that is certified by the chief prior to the tax listing date shall receive the tax reduction by the county auditors for that tax year.

(F) Separate applications must be made for each non-contiguous parcel of land. Contiguous parcels may be included on one application as long as the eligible forest land contained therein has the same owner.

(G) Should certification of forest land be denied, the owner may appeal in writing to the chief. The appeal must indicate the owner name, county in which the parcel resides, parcel number and must state the reason(s) for appeal.

Effective: 1/28/2019
Five Year Review (FYR) Dates: 11/13/2018 and 01/28/2024
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

1501:3-10-04 Forest management plan; provisions.

All forest land qualifying under the provisions of section 5713.22 of the Revised Code shall 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 owner shall certify to the chief that the forest is being managed according to the approved management plan. 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 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 shall 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 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)

(e) Estimated acreage;

(f) 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 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 be executed according to accepted specifications that minimize nonpoint source pollution. Any activity deviating from the best management practices shall first be approved by the chief.

(9) A work schedule for the duration of the plan, which shall 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 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 be completed on a timeline approved by the chief.

(2) The owner shall 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 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 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 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 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 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 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 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 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 inform the owner of the necessary administrative and technical procedures to follow.

Effective: 1/28/2019
Five Year Review (FYR) Dates: 11/13/2018 and 01/28/2024
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

1501:3-10-05 Violations; withdrawals.

(A) As specified in section 5713.26 of the Revised Code, if an owner violates rules 1501:3-10-01 to 1501:3-10-06 of the Administrative Code, the chief shall issue a notice of violation to the owner at least one hundred eighty days prior to notifying the county auditor of such violation. The chief shall offer the owner an opportunity to meet with division representatives informally for the purpose of resolving alleged violations. If the parties can agree to a resolution of the alleged violations, then a written memorandum setting forth the terms of the agreement shall be prepared and signed by the owner and the chief. The resolution outlined in this memorandum shall be executed before the end of the one hundred eighty day period.

(B) A notice of violation may be issued for any of the following reasons:

(1) The certified eligible parcel or portion of the certified land thereof is converted to a use which precludes or is inconsistent with management of the land for production of a merchantable forest product;

(2) The owner fails to complete commercial or non-commercial cuttings that comply with the approved management plan for such parcel at any time during the commitment period.

(3) The owner does not maintain visibly marked property lines and boundary lines between classified forest land and non-classified forest land, as specified in paragraph (E) of rule 1501:3-10-02 of the Administrative Code.

(C) The owner may voluntarily withdraw their classified forest land through written notification to the chief.

Effective: 1/28/2019
Five Year Review (FYR) Dates: 11/13/2018 and 01/28/2024
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

1501:3-10-06 Conversions and additions.

(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 shall be required to obtain an amended forest management plan and revised certification of the portion not converted which shall 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 shall 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 shall be canceled.

(B) The owner of a certified parcel shall 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 shall, 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 shall 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 shall give prior notice of cutting to the chief. Nothing in this rule shall 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, shall 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 shall 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 shall 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 shall 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 shall 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.

(E) Forest land acreage may be modified to certified forest land without application. Modifications to certified forest land may be made through purchase or conversion from a non-forest land use. Together with existing certified forest land, modified acres must meet forest land eligibility requirements of rule 1501:3-10-02 of the Administrative Code. The forest management plan and agreement form (FT-7) for the certified acres must be amended to incorporate the modified acres as per paragraph (D)of rule 1501:3-10-04 of the Administrative Code. A revised map shall be supplied for inclusion with the original application.

Effective: 1/28/2019
Five Year Review (FYR) Dates: 11/13/2018 and 01/28/2024
Promulgated Under: 119.03
Statutory Authority: 5713.24, 1503.01
Rule Amplifies: 5713.24
Prior Effective Dates: 02/16/1993, 11/07/1994, 01/09/2004, 05/11/2009

1501:3-10-07 Special provisions for property certified prior to November 7, 1994.

Forest land certified as eligible by the division for taxation in accordance with section 5713.23 of the Revised Code prior to November 7, 1994 shall not be subject to rules 1501:3-10-02 to 1501:3-10-06 of the Administrative Code. These forest lands shall be subject to the following provisions.

(A) The forest land certified under this rule shall consist of a minimum of five contiguous acres and shall be no less than one hundred and twenty feet wide. It shall be 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, except that no management plan will be required. For the purposes of forest land acreage determination, a minimum of one acre will be deducted for any house or building site.

(B) Forest land certified under this rule shall be protected from:

(1) Grazing; and

(2) Wildfire

(C) Additions and deletions from certified forest land:

(1) Forest land acreage may be added to forest land certified under this rule only if together the total forest land meets all eligibility requirements of paragraphs (C), (D), and to (F) of rule 1501:3-10-02 of the Administrative Code. The minimum acreage eligible for certification shall be as specified in paragraph (A) of this rule.

(2) Forest land certified under this rule may not be converted to a use other than for production of a merchantable forest product. In the event of such a conversion, a notice of violation will be forwarded to the county auditor and the certification shall be canceled for the forest land.

(D) Changes in ownership:

(1) Any change in ownership shall result in the cancellation of forest land certification except that an ownership change to affect the transfer of a certified property to one or more family members as defined in paragraph (O) of rule 1501:3-10-01 of the Administrative Code shall not result in the cancellation of certification upon the affirmation by the family member or members to the original agreement terms (FT-7) and forest management plan if applicable.

(2) 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 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 one revision to certified forest land meeting the provisions in paragraphs (A) and (B) of this rule, upon the affirmation by the family member or members to the original agreement terms (FT-7) and forest management plan if applicable. Each new owner may apply for certification as specified in rule 1501:3-10-02 of the Administrative Code.

Effective: 1/28/2019
Five Year Review (FYR) Dates: 11/13/2018 and 01/28/2024
Promulgated Under: 119.03
Statutory Authority: 5713.24, 1503.01
Rule Amplifies: 5713.24
Prior Effective Dates: 01/09/2004, 05/11/2009