Rule 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to void the owner's declaration of intent in accordance with section 5713.26 of the Revised Code and the land shall be withdrawn from forest land tax reduction.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;
(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.