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 forest management plan shall be amended by the owner to exclude that portion so converted and will be filed with the division in advance of such conversion for approval. The portion of forest land not converted must meet all forest land eligibility requirements of rule 1501:3-10-02 of the Administrative Code.

(B) If notification of certified lands converted to a use for a purpose other than production of a merchantable forest product is not provided to the division as provided in paragraph (A) of this rule, the division shall issue a notice of violation for the tract, lot or parcel. The owner must reapply, as specified in rule 1501:3-10-03 of the Administrative Code, for 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.

(C) The owner of a certified tract, lot or 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 tract, lot or parcel or portion is, through no fault of the owner, damaged or destroyed by: fire, infestation, disease, storm, flood, or other natural disaster, act of God, 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. 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.

(D) When certified forest land that subsequent to such certification comes under an ordinance, resolution, 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 cancelled.

(E) Conversion of ownership

(1) When ownership of certified forest land changes through sale, deed transfer or any other means, the certification is cancelled except that an ownership change to effect the transfer of a certified property as a result of the death of the owner to their spouse shall not result in cancellation of certification upon the affirmation by the surviving spouse to the original agreement terms (FT-7) and forest management plan.

(2) Certification for certified forest land shall be cancelled 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.

(3) When certified forest land is divided or split into two or more ownerships, the certification is cancelled. Each new owner, including the original, may apply for certification as specified in rule 1501:3-10-02 of the Administrative Code.

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

Effective: 05/11/2009
R.C. 119.032 review dates: 02/17/2009 and 05/01/2014
Promulgated Under: 119.03
Statutory Authority: 1503.01 , 5713.24
Rule Amplifies: 5713.24
Prior Effective Dates: 2/16/93, 11/7/94, 1/9/04