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Concerned Citizens of Rutherford County
Concerned Citizens of Rutherford County, NC

2000 LANDOWNER HELP GUIDE TO LOW IMPACT FORESTRY IN WESTERN NORTH CAROLINA



Compiled and Edited by Concerned Citizens of Rutherford County with financial assistance from Appalachain Voices
Published by Dogwood Alliance
Special thanks to Mike Faltraco, Mary Kerley, Caroline Edwards, Lee Echols and Elizabeth Lang
This original handbook was made possible through grants from Mary Babcock Reynolds Foundation and the Turner Foundation
HTML4.0 and printable rich text format document by Robert M. Morrow, Jr.


Printable version of this document (Rich Text Format)



TABLE OF CONTENTS


  1. Why Concern Yourself with Good Management - by Caroline Edwards
  2. Options for Landowners - Clear-cutting is not the only answer
  3. Low-Impact in Hardwood Stands - Cutting trees without destroying the remaining forest ecosystem
  4. Horselogging in Western North Carolina
  5. Pioneer Forest - A sustainable managed forest in Missouri
  6. Land Conservancy - What a land conservancy can do for you and examples of conservancies in Western North Carolina
  7. Establishing Priorities for Your Forest Plan - Lays out a forest plan survey
  8. Resources for Landowners - Lists reading material and gives names and numbers of helpful organizations and people
  9. North Carolina Forestry Present Use Property Tax Program - Gives tax codes and value assessment for agricultural, horticultural, and forestlands
  10. Summary of Appeals Process for Property Tax Evaluation



WHY CONCERN YOURSELF WITH GOOD FOREST MANAGEMENT?

Caroline Edwards
Certified Forest Stewardship Contractor
Soil Analyst

You and I need forests...and this is not referring to pine plantations, those long straight rows of hybridized seedlings. No, I am speaking of diverse fully functional uneven-aged ecosystems. The places where sunlight filters through a multi-layered canopy, falling on the tiny nest of the hummingbird at the end of a beech twig. Acorns are scattered across the forest floor, found and eaten by the wild turkey and his neighbors.

During cloudbursts, one seeks shelter under the arms of the great oaks, masters of the forest. Nests of squirrels and all types of birds are found in shrubs and tree branches. A forest such as this can provide a sustained yield of timber products, over many generations. That is, if it is not clear-cut and converted to a pine plantation.

If you are so fortunate as to own hardwood forestland, consider this: the actions you take in "your" woodland have repercussions in both space and time. Not only are the changes important on your property, they are felt elsewhere.

A 50-acre partially mature hardwood forest could be either 1) clear-cut-often the highest economic short-term choice or 2) selectively cut in small groups, leaving portions of the canopy intact and contiguous. Harvest by clear-cut will put more dollars in your pocket, but your community bears the long-term cost: a 20+ year view of an unnatural landscape; elimination of tree homes for birds and mammals; elimination of acorns and other nut crops that are essential food for many forest dwelling species; loss of the shady moist leaf litter, crucial habitat for many amphibians; and higher stream temperatures and sediment loads, causing fishing to decline. Although we do not fully understand the complexities of the ties that bind bird species together, we can surely argue that the larger the clear-cut, the more destructive its effect is on the natural community.

There is absolutely no ecological basis for the practice of large clear-cuts, so common today. Yes, economically, large machines need large tracts of forest to make a profit. But at what cost? The rich diverse timber resources of North Carolina provide jobs in many industries, most notably in furniture. It is no coincidence. Indiscriminately cutting small hardwoods along with the larger ones is not good forest management. If we as private landowners consider only the economics of timber harvest, then we will see, in our lifetime, the negative impacts. Each individual landowner can take the responsibility of putting the concept of conservation (wise use) into action. Won't you?

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OPTIONS FOR LANDOWNERS

The private non-industrial landowner needs to establish stand-specific objectives that will provide the greatest potential to meet his property goals.

Planning crop tree selection:

1) Managing hardwoods or good quality trees for high economic value

2) Planning a forest to provide a diverse wildlife base

3) Managing for aesthetics

4) Water quality

Before Harvesting Timber, Every Landowner Needs...


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LOW-IMPACT FORESTRY IN HARDWOOD STANDS
A project sponsored by:
Hancock County Planning Commission
RFD Box 22 Ellsworth, Maine 04605
Phone 207-667-7131 Fax 207-667-2099
E-mail: hcpc@acadia.net

Too often, landowners who care deeply about their woodlands have been dismayed at the aftermath of cutting on their lands. The logger promised to cut the lot "selectively"--and he did. He "selected" the best trees and left the rest (high-grading), with little care for the future. The resulting stand is so sparse that it offers little shade. Runoffs from rutted and compacted trails (which seem to run everywhere) and from poorly planned crossings have silted up the once-beautiful trout brook. Many of the remaining trees (most of which are small diameter or culls) are bruised, broken, or bent. The yard is a large, muddy mess, with unsightly slash piles. Understandably, after such an experience, many landowners are discouraged from having any more logging done on their land.

There is an alternative--low-impact forestry (LIF). Low impact forestry reduces known harmful impacts so that after the cutting is done, there is still a functional forest. The landowner, with the help of the forester, plans for the long term, not just one cut. The residual stand not only functions like a forest, it looks like a forest. There are enough trees, including some with large diameters, to ensure that the forest floor is shaded. Very few trees are damaged. Indeed, after the cut the average tree quality is higher--the logger removed high-risk low quality trees. Trails are relatively narrow and unobtrusive. They are favored by those who want to cross-country ski or hunt. The loading yard is small with minor soil disturbance. The stream remains clear and cold.

For LIF to work, good communication between the landowner, forester, and logger is essential. If the logger and landowner do not have common expectations and do not communicate well, the job will not come out the way the landowner wants. Often loggers are responding to immediate economic pressures that reward more volume for lower costs, while many landowners have woodlots as a sideline rather than as a primary source of income. This section is intended to give landowners a better understanding of the reasons behind LIF so they can better communicate their objectives. Indeed, for the system to work well, it is best if landowners have their management objectives in writing. This section lists recommended guidelines and standards for foresters and loggers that, if followed, would help meet the LIF objectives.

LIF takes more skill and care than conventional logging. For the increased effort on the part of the logger, the landowner should be prepared to pay in a different way. With conventional logging, the landowner usually pays by the cord cut. This encourages the logger to cut the best trees as fast as possible with little regard for the residual stand or the future. LIF is for those with patience--it is not a get-rich quick scheme. The time horizon for the landowner is generations, not just one cut. The landowner pays the logger for the quality of what is left behind as well as the quantity of what is cut. Standing forests have value, and with LIF, this value should increase.

LIF Logging Guideline and Standards

Forester Guidelines

Stand assessment. Before coming up with a management plan, the forester must assess and map the stand taking into consideration such factors as stand types, species, volume, quality, watersheds, and wildlife habitats.

Landscape planning. Watersheds, ecosystems, wildlife ranges, and disturbance patterns do not normally coincide with property boundaries. For landowners who own thousands of acres, landscape planning starts to become possible. With smaller ownership, the foresters and landowners should try to cooperate on a community basis to ensure that wildlife needs (such as effective corridors for migration and dispersal) are met. Cooperation of this sort, involving government, industry, and small landowners, is now being done, for example in New Brunswick's Greater Fundy Ecosystem.

Where landscape planning is possible, foresters should ensure that a representation of ecosystem types and sensitive habitats are protected on reserves. Reserves can serve many functions from baseline "controls" for the long-terms experiment of forest management.

Allowable cut. A number of methods can be used to calculate allowable cut. In doing these calculations, the forester must account for areas where there will be no cutting or less cutting because:

  1. the site has such low productivity that sustainable management is not economically viable,
  2. the site is environmentally sensitive (deer yards, slopes, species of special concern), or
  3. the site is a baseline reserve.

Because the degree of tree crown closure is so important for both productivity and wildlife, one favored method is to classify stands as "operable" when they have more than a minimum above a recommended stocking level to allow a commercial cut. The quantity above the minimum stocking is the allowable cut. Another method is to ensure that cut is less than growth. Over a rolling ten year period (for larger management units), cut should average less than 70% of growth, allowing some growth to be reinvested into the ecosystem. This calculation is normally not done at a stand or woodlot level. The area is too small and the harvest too infrequent to use 10 years as a base. Often harvests occur at 20 or more year intervals, so a longer time frame can be used. On large ownership with balance age classes and logging occurring annually the ten-year time frame can be used. The cut can, of course, exceed growth for species that are over-presented (such as balsam fir or red maple) and less desired for long-term stability.

Even-aged management (where a cut is made that reduces the stand to seedlings and saplings, leading to single age class) should only be done if uneven-aged management will not work for the stand because the majority of land should eventually be classified as sawtimber (to ensure that relatively closed-canopy mature and late succession stands are the landscape context, not just a small content). Priority for even-aged management should go to irregular shelterwood (where some of the overstory is retained), and only go to regular shelterwood (where regeneration is well-established before cutting the over- story) if retention of residuals is not possible. Rotation (the interval between stand establishment and the final cut) for even-aged stands should be based on stand type and should allow enough time for soil recovery and habitat recovery, including tall, large diameter trees.

Cutting cycle. More frequent, light cutting (every 5 years, for example) creates the potential for increased residual damage. Less frequent (every 20 or 25 years), heavier cuts create potential for more drastic stand changes. The forester must reach a compromise between these two possibilities. Low-impact logging creates an opportunity to more successfully do lighter cutting and still minimize damage on 10 to 15 year cutting cycles.

Residual stocking. The forester will consult silvicultural guides appropriate to the stand type. To ensure relatively-closed canopy areas in large blocks (for adequate interior species habitat), minimum stocking should be at least 65% of crown closure, increasing to 75% of full crown closure for riparian areas (areas that are on the banks or located near the banks of a stream or lake). Near riparian areas, to prevent changes to water quality and flow, cuts should not exceed 25% of standing volume.

Crop trees. The forester will identify crop trees and potential crop trees--trees that have good form and quality. These are the trees to leave after harvest and should be given special attention to avoid injury that would diminish value. The normal target is around 50-75 per acre.

Pecking order. The forester should mark trees to be cut based on a "pecking order" that would prevent highgrading and thus stand degeneration. First to be cut should be high risk trees that would not survive to the next cut), low vigor, and poor quality trees. With a pecking order, the logger would be more likely to cut short-lived, poor quality medium-sized suppressed trees than long-lived, high quality, large diameter dominant trees that are still growing well.

Mast trees. Mast trees that produce edible nuts, seeds, and fruit that are important for wildlife. If no high-quality (for lumber) trees are suitable for mast, some low-quality mast producing trees (such as beech) should be retained.

Dead wood. The forester will consult recommendations from wildlife guides to determine a minimum of snags, dead trees, and dead-drowned trees. Preference will be given for larger-diameter (over 18 inches) leave trees (trees left behind), and allowance will be made to develop recruitment trees (trees that will be allowed to eventually develop into large-dead trees), since current dead-standing trees eventually fall over.

Note: Canopy closure affects the quality of many tree species. Increased sunlight from heavy cutting can lead to sprouts coming off the trunk, which leads to lower quality wood. When the canopy is open, more growth goes into the branches. Tress therefore can have more knots, shorter boles, more taper, and thus worse form of lumber. With higher degrees of crown closure, tree growth goes up rather than out. Increased density leads to trees with longer boles and smaller crowns. Lower branches tend to self-prune, yielding more limb-free logs.

Logger guidelines

Felling and limbing. LIF loggers will use directional felling to avoid damaging residual tress. Limbs will be left in the woods to provide wildlife habitat and to rot and supply nutrients.

Getting trees to trails. LIF loggers will move single large stems or a few small stems (but not winch whole trees) to the trails. If winching, the logger will, if necessary, use snatch blocks to avoid damaging valuable crop trees. The logger will avoid digging up the soil during winching and use such items as grapples or cones when needed.

Wood trails. Wood trails will not exceed 10 feet wide (to give several feet clearance to machinery), allowing crown closure over trails. Machinery wider than 7.5 ft. should be avoided, unless trees are very large and smaller equipment will not do the job.

LIF practitioners should strive to distribute trails more than 100 feet apart to minimize damage to soil and roots. Some low-impact practitioners with radio-controlled winches distribute trails 150 feet apart. With horses trails can be up to 300 feet apart.

Getting trees to yards. Loggers should run machinery on permanent trails, with little or no driving to the stump or creating single path trails. The LIF preference is to carry, rather than drag bunches of logs. A forwarder is thus preferred over a skidder. Use of short logs, rather than tree-length logs, minimizes damage when going around curves.

The result, however, is more important than the method used. If a logger can use a small skidder and do minimal damage, then the skidder is acceptable. Whole-tree removal with a grapple skidder, especially of hardwoods, violates too many LIF principles and has the potential to cause too much residual damage to be acceptable.

Residual damage. For long-term forestry, it is essential not to damage the residual, or "crop" trees. During cutting, winching, and transporting trees, every attempt will be made to avoid such damage. While damage to tops and branches are of concern, it is even more important to avoid such damage to trunks and roots.

Some LIF practitioners in New England guarantee that they will damage less than 5% of crop trees. This figure is also a goal in Sweden, where any opening in the bark bigger than a matchbook is counted as "damage." William Ostrofsky has developed a method for measuring damage levels for the American Pulpwood Association.

Yarding. LIF yarding areas can be kept to a minimum in size with minimum damage to soil if short logs are piled with a loader, rather than pushed with the dozer blade of a skidder. LIF Practitioners need less than 1200 square feet for yards on the average. Whole-tree yarding with grapple skidders and delimbing in the yard requires too much space, is too damaging to residuals and soil, and removes and damages too much organic matter to be suitable for LIF.

Truck roads. Road width and densities should be minimized. Road right-of-way should be kept between 15-30 feet with a maximum of 33 feet. Road density becomes an issue in bigger blocks of non-settled forest depending on heaviness of traffic and need for ditching.

Managers in the Greater Fundy Ecosystem are recommended to keep road density to less than 0.9 miles per square mile due to impacts on large predators and other sensitive animals. For narrow truck roads that are infrequently used, the density can be more than 2 miles per square mile.

Landscape conversion. Loggers and managers should strive to keep the percent of forest taken out for permanent trails, yards, and roads to less than 15%.

Water quality. LIF loggers will follow state BMPs to prevent soil damage leading to siltation of waters. In addition, foresters will take into account soil type, watershed characteristics, and season of cut to further advise loggers as to when logging standards should be even stricter than BMPs. Preference for LIF practitioners is to log when the soil is frozen or dry.

Economic Considerations

Low-impact forestry is not for those who want a quick return on investments. It is for those who can accept modest returns now, knowing that larger economic benefit may come decades ahead, or even to another generation. Income from forests involves trade-offs. High-grading can maximize present returns, but endanger future returns as well as degrade the forest.

LIF landowners have a broader definition of wealth that includes the value of the standing forest as well as the value of what is removed. Leaving mostly poor-quality, damaged residual trees after a cut lowers the residual value of the landowner's forest, although few of these trees should be retained to develop into wildlife trees. Some of the values of a standing forest, such as wildlife habitat, water quality, and aesthetics, are not easily translated into dollars, but are important nonetheless. A key challenge is to make LIF economically viable to both landowners and loggers over the long term.

In the short-term the logger is taking more time to remove less wood. This means more cost per unit of wood removed than with more conventional logging. For LIF to be viable for the logger, the landowner should pay based not just on what is removed, but also for the quality of what is left behind. If conventional loggers were assessed fines for the costs they create to the residual stand, highgrading would not be attractive.

How to Pay

There are a number of ways to pay for LIF. No matter which method is used, the logger needs to know his costs to ensure that he will be adequately compensated. The simplest method for most landowners is to accept lower stumpage rates. Another simple method is to pay by the hour; thus assuring the logger's time is adequately compensated, despite the difficulty of operations. Some landowners pay by the volume removed, regardless of the wood value, thus taking away the incentive fore highgrading. Another option is to have contractors give bids per acre with incentives for the quality of work. The landowner can be assured that low-impact practices are used by writing it into the contract and having the forester supervise the operation.

Better Returns

Because of the increased short-term costs and smaller cuts, often of low-valued wood, it is essential that LIF practitioners find ways to get better returns. A number of ways this can be done include:

Locate better paying methods. Aggressive attempts to find the highest-paying markets can make a very large difference in returns. Sometimes small "niche" markets are available for odd species, sizes, or shapes of logs.

Bucking and sorting for best markets. The logger needs to know the markets before the wood is cut. Otherwise he might cut logs to the wrong length and have to ship to lower paying markets. A knowledgeable bucker and sorter can make a difference in returns.

Bargaining for better prices. Sometimes the same mill buys wood at different prices from different sellers. Ability to bargain is increased with volume--so cooperating with other landowners can increase bargaining leverage. The season for selling wood is important.

Cut and serve. Some mill buy wood at a price that is lower than the cost of cutting and hauling it. LIF loggers should accurately know their costs of production to be able to make such a decision. In such case, it makes sense for the logger to just cut the undesirable trees and leave them on the ground to rot. If enough woodlot owners do this, maybe mills would get the message to pay enough to make management worthwhile.

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HORSELOGGING IN WESTERN NORTH CAROLINA

On November 6, The Concerned Citizens of Rutherford County (CCRC)sponsored a Horselogging and Sawing Fun and Field Day on Donna and Rodney Robbins' Farm in the Whitehouse Community of Rutherford County. The weather was perfect,and more than 400 community members, interested foresters and landowners came to watch a draft horse logging demonstration and join in the festivities. Clifford Cox and Roy Morgan led two teams of draft horses that pulled logs to Rodney Robbins' saw mill where people were able to watch Rodney, his father, and father-in-law saw the logs into boards to be used for pallets.

In addition to the horses, those in attendance enjoyed a nature hike, buggy rides, Native American stories, and were given information on alternative forestry. Interest in sustainable forestry and environmental issues is extremely high and the private landowner is looking for alternatives on what he can do with his/her forestland besides industrial clear-cutting.

The event provided a vehicle for interested landowners to talk about forestry-related issues. For many landowners, horselogging is one of many viable alternatives when they have timber to sell. Draft horse logging is a possibility especially when the landowner wants to keep the aesthetics of the forest intact. In areas where timber is valuable, it is certainly appropriate and can be economically feasible if the site is right. For example, if a landowner has 30 acres of forest to harvestand have it done in a non-invasive manner, then horselogging should definitely be a consideration.

Horselogging is a low-impact alternative particularly when slopes are steep and the landowner is concerned about water quality issues and selecting specific trees to be cut while leaving others to grow to maturity. When large logging equipment is used, it tends to damage surrounding trees making it difficult if not impossible to "save" nicked trees. Alternative forms of forestry may include: selective cutting rather than clear-cutting; longer rotational growing and cutting cycles; managing hardwood trees or good quality trees for a higher economic and aesthetic yield; cultivating a forest to provide a diverse wildlife base; thinning the forestland to take out poor-quality trees; learning which foresters truly have the landowners best interests in mind when writing a forest management plan; designing forest plans where water quality impacts are minimal; drawing up contracts and hiring loggers who will practice Best Management Practices (BMPs); acquiring further knowledge about tax policies and various state and federal programs; protecting scenic vistas; conservation easements; and land trusts.

Poor land management practices can have negative effects on the surrounding environment such as degradation of water quality and disruption of wildlife and its habitat. Industrial clear-cutting has the potential to destroy young growth, plant diversity, and cause erosion and runoff problems. Horselogging is one way for landowners to avoid some of these problems.

Most landowners are and want to be good stewards of the land. They are concerned about what kind of forestry practices they implement, how these practices will affect their neighbors, and feel compelled to preserve the integrity of their forestland for their children and future generations.

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PIONEER FOREST
A Sustainable Managed Forest in Missouri

Pioneer Forest is part of the extensive oak, hickory, and pine forests of the Missouri Ozarks. Situated in an area of spectacular springs, clear rivers, towering bluffs, and numerous caves, these lands include significant portions of the watersheds of the Jack Forks and Current rivers. Pioneer Forest lies in a remote region that is considered the heart of the Missouri Ozarks. Pioneer Forest is a triangular region having the towns of Poplar Bluff, West Plains, and Rolla as its vertices.

Since the 1950's, the Pioneer Forest has been operated by Leo Drey, a businessman and conservationist from St. Louis. For nearly half a century, Pioneer Forest has restored these Ozark woodlands through conservative, natural management, and has preserved ecologically important areas and notable landscape features.

How Pioneer Forest Began. The history of Pioneer Forest actually begins nearly 100 years ago. Most of the Ozark area, which is now part of the forest, was owned by a variety of individuals and lumber companies. Companies such as the Current River Lumber Company, Bunker-Culler Trust Association, Current River Land and Cattle Company, Forked Leaf White Oak Lumber Company, and Missouri Lumber and Mining Company owned large tracts of Ozark land within the watersheds of the Current and Jack Forks rivers.

Much of the land was forested, with white oak and shortleaf pine as the predominant forest species intermingled with other species of oak, hickory, gum, ash, and elm. Pine and white oak were of primary interest to these early lumber companies.

Pioneer Cooperage, of St. Louis, started a land acquisition program during the early 1900's. Altogether the company accumulated about 90,000 acres in Shannon and Reynolds counties by the early 1940's. Shortly before it deeded its land to National Distillers Products Company in 1946, the company began a program of selective harvest, rather than the complete removal of trees, which was being practiced elsewhere in the Ozarks.

Leo Drey had begun acquiring forestland in the early 1950's. He had purchased about 37,000 acres when the distillery's lands were put up for sale. In 1954, Drey purchased this large block of forest land-about 90,000 acres-along with office and warehouse buildings in Salem. This is the largest single land purchase for conservation by any organization or individual in Missouri history.

Leo Drey continued acquiring land in Missouri, most of it managed forest, and he has also purchased other important lands, for preservation. Altogether there are nearly 160,000 acres in this unique, privately owned land base.

Forest Management. Pioneer Forest is one of the nation's best examples of uneven-age management of a central hardwood forest. This individual-tree management technique maintains a continuous and diverse natural forest on the land.

Harvests within the forest generally occur at 20-year intervals. Each section of the forest is inspected and past harvest records are reviewed. Once the decision to harvest an area is made, each tree is assessed in site and individual trees are selected and marked for cutting based upon age, species diversity, spacing, tree quality, and forest canopy. During each harvest, care is taken while removing the tree to minimize damage to the forest.

The ideal forest condition in the Ozarks is one that maintains trees in three to four different age classes, allowing sustained, intermittent harvest from all sizes of trees. Forests, which are managed through even-age methods (clear-cutting), lack this forest structure. At Pioneer Forest the mix of age classes generally includes a seedling and sapling stage, an understudy layer, and mature age classes in the canopy.

The closed canopy of the forest is broken during harvest by the gaps created when trees are removed. These gaps allow light penetration through the canopy to the forest floor and provide for regeneration. Our field work shows that shade intolerant oaks and hickories have increased; shade tolerant species such as black gum, maple, and dogwood have not increased significantly, after almost 50 years of such management.

This forest management system provides a dynamic opportunity for forest development and succession which are essential for the continuity of the forest. A naturally maintained forest will undergo a similar process, but the age of a natural old-growth forest is greater, and these same changes of regeneration, replacement, and succession occur more slowly through natural selection, old age, disease, lightning, and fire. Our management style mimics these natural processes, and in both cases the presence of a natural, reoccurring forest on the land is continuous.

Preventing erosion is necessary to protect and improve the high quality of our Ozark streams. Our method of forest ecosystem management is protective of soils in a region where almost half of the forest, located within the watersheds of the Black, Current, and Jack Forks rivers, contains hillsides which exceed a 20 percent slope.

Forest Research. Permanent research plots, one for each 320 acres of the forest, were established in 1952 to initiate a continuous forest inventory. Measurements from these on-fifth-acre plots are taken every five years with information recorded on species composition, diameter, height, and tree condition. Such data provide valuable information on the effect of our forest management program on species diversity, forest composition, and forest health, thereby enabling us to monitor changes taking place in the forest.

This nearly 50-year study is the longest-running and most extensive forest research effort in Missouri. We have found that our harvest methods have caused both the numbers of trees as well as harvestable volume per acre to increase since each harvest only removes about 45% of an area's volume. The annual growth each year exceeds the volume cut or lost to natural causes.

Our experience has demonstrated that uneven-age management is the best way to improve health of a forest ecosystem in the Midwest hardwood region. Because the forest canopy is never completely removed, a wide range of benefits such as continuous forest cover; snags for wildlife, den trees and cavity-nesting birds; numerous recreational opportunities are always present throughout every area of Pioneer Forest.

Neighboring landowners can see evidence of the value of maintaining a continuous quality forest through selective harvest and the resulting opportunity top produce income from their own land at regular intervals. Our long-term work on Pioneer Forest demonstrates that landowners can harvest trees two to three times during their lifetime, and still maintain a continuous forest cover. Such landowners can then pass along a quality forest and good land stewardship practices to the next generation.

Other Aspects of Our Land Stewardship Efforts. When Leo Drey began acquiring forest land in the Ozarks, he also acquired other areas significant to Missouri and the Midwest, such as fens, springs, sinkholes, caves, glades, bluffs, and natural bridges; an important petroglyph site in north Missouri; a complex karst area featuring a collapsed cave system; several remote sandstone canyons; a protected headwater stream; and old growth oak, eastern red cedar, and other hardwood forests.

Nine of these properties have been designated as Missouri Natural Areas in recognition of their significant biologic and geologic characteristics. One area, Grand Gulf, is a National Natural Landmark and is managed as a Missouri State Park. A second area, Dillard Mill State Historic Site, is also managed as a Missouri State Park, and two areas are registered in the Society of American Foresters' National Natural Areas Program as Research Natural Areas.

Perhaps even more important is the role of Pioneer Forest as a large conservatively managed landscape within the Ozark region. Pioneer Forest lands are extensive and protect nearly complete watersheds of several streams that are tributaries to the current and Jack Forks rivers, which are both part of the first national rivers park. Pioneer Forest lands also buffer a 15-mile long section of the Current River. One area of Pioneer Forest extends for nearly 100 square miles; this part of the forest is the largest contiguous piece of land in Missouri under one ownership.

Pioneer Forest offers a unique site research and has been subject of a number of individual and university studies on Missouri's natural history. Silviculturalists for the adjacent national forest have used Pioneer Forest lands to aid in the development of techniques for uneven-age forest management on public lands.

Recreation on Pioneer Forest includes no restrictions on hunting and fishing to persons licensed by the Missouri Department of Conservation. Primitive roads are used for automobile drives through the forest, a traditional Missouri pastime. There are trails for hiking. Pioneer Forest includes a 13-mile section of the 500-mile-long Ozark Trail for either long-distance backpacking, or for short strolls through such scenic areas as the Blair Creek Valley. Pioneer Forest is also used for camping, picnicking, and nature study.

FOR MORE INFORMATION ON PIONEER FOREST
Clint Trammel
Pioneer Forest
P.O. Box 497
Salem, Missouri 65560
(573) 729-4641
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LAND CONSERVANCY

By general definition a land conservancy is described as a private, non-profit trust with goals of protecting natural and scenic lands, farmlands and forest lands, open spaces and wildlife habitat for the enjoyment of current and future generations. An environmental resource whether it is a tract of land, a river or other designated resource can be protected by a land conservancy in the following ways:

  1. Conservation Easements
  2. Remainder Interest Trust
  3. Bequest and Living Trust
  4. Land Donations
  5. Land Purchases
  6. Other options that provide limited protection

1) Conservation Easements These easements are voluntary legal agreement between a landowner and a land trust. The landowner continues to own the land, but voluntarily agrees upon certain uses and/or restrictions of it in perpetuity. This protects the land forever as open space, but keeps it available for farming, scenic vistas, or even future sale, as long as the conservation easement remains intact. The landowner can sell or will the property to heirs; however, the future owners are bound by the easement terms. Each easement is tailored to the particular property and the interests of the owner.

When the landowner and a conservancy agree upon the terms of the easement they are recorded in a "Deed of Conservation Easement". The landowner is "deeding" the rights described in the easement to the land conservancy. The conservancy accepting the easement takes on the legal responsibility to monitor and enforce it.

Primary benefits of a conservation easement are:

2) Remainder Interest Trust (or gift of land with a reserved life estate). With this type of gift the donor donates the property to a land conservancy, but reserves the right to continue to live on and use the property during their lifetime. After death of the property owner the designated conservation organization will receive full title to and control over the property.

Primary benefits of a remainder interest trust:

3) Bequest and Living Trust. A bequests is a provision in a landowner's will, or a codicil (will amendment) that conveys land or a conservation assessment to a land conservancy. A living trust can do the same thing but it avoids the probate process. When land is willed to a conservation organization, this allows the donor to own and manage the property during his/her lifetime.

Primary benefits of bequest and living trust:

4) Land donations. The landowner deeds the land to the land conservancy.

5) Land purchases. The land conservancy buys the land at fair market value or through negotiation with the landowner at a lower price. With this arrangement the landowner may be entitled to tax credits and deductions.

6) Other options:

Additional information/advice/guidance can be obtained by calling a local land conservancy. The following is a list of land conservancies in Western North Carolina:

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CAROLINA MOUNTAIN LAND CONSERVANCY
Address: P.O. Box 2822, Hendersonville, NC 28793-2822
Phone: 828-697-5777
E-mail: carolan@ioa.com
Mission Statement: To protect land permanently and directly by accepting donations of conservation easements or by a purchase or gift of land; to protect native species of flora and fauna; to promote the research, study, protection and conservation of natural resources to encourage land stewardship.
Year of Establishment: 1994
Number of Board Members: 15 Number of Staff: 1
Geographic Area: Henderson County, parts of Transylvania and Buncombe Counties.
1997 Land Protection Projects
Number of places protected: 1
Land protected by conservation easements: 1 acre at one site.
Cumulative Land Protection Record
Total places protected: 3 Total protected land acreage: 466
Total lands owned: One site with 50% interest in 600 acres.
Total conservation easements: 166 acres at two sites.
Contact: Sue Jennings, Project Director
Highlights
1) Received a $20,00 grant from the Z, Smith Reynolds Foundation, Inc., and a $30,000 grant from the Janirve Foundation. The grants will be used to hire staff, open an office, and become more active identifying land protection projects in Buncombe, Henderson and Transylvania Counties.
2) Facilitated the purchase by the state of 10 acres of private land at the Oklawaha Bog site, home of the federally endangered bunched arrowhead.
3) Acquired a conservation easement on a portion of a stream which supports Oklawaha Bog.
4) Presented to Jeff Jennings the Lela McBride Stewardship Award. Jennings was recognized for his early efforts to promote the protection of more than 8200 acres of forested land, which has since become the DuPont State Forest.

CATAWBA LAND CONSERVANCY
Address: 105 W. Morehead St., Charlotte, NC 28202
Phone: 704-342-3330 Fax: 704-342-3340
E-mail: ronaclc@aol.com (personal)
Mission Statement: Catawba Lands Conservancy is dedicated to preserving the land, water and wildlife resources of the Lower Catawba River Basin of North Carolina. We create opportunities for education and research that heighten interest in land preservation and lead to a greater appreciation for conservation efforts. We work in partnership with private landowners, public agencies, developers and others to place land in conservancy, ensuring that the natural beauty and ecological diversity of our region are preserved for generations to come.
Year of Establishment: 1991
Number of Board Members: 20 Number of Staff: 1.5
Geographic Area: Catawba River Basin, NC; Catawba, Gaston, Lincohn, Mecklenburg Counties, NC, parts of Iredell and Union Counties, NC.
1997 Land Protection Projects
Number of places protected: 2
Land protected by conservation easements: 16.8 acres at two sites.
Cumulative Land Protection Record
Total places protected: 5
Total protected acreage: 711
Total lands owned: 55 acres at two sites.
Total conservation easements: 656 acres at six sites.
Contacts:
1) Ron Altmann, Executive Director
2) Ron Bryant, President
Highlights
1) In May, CLC hosted a dedication of the Catawba Wildflower Glen Trail, as well as "Identifying our Riches," a workshop which consisted of a tour of the Rankin Redlair Conservation Lands and a conference with a panel of natural resource/land protection experts.
2) Clariant Corporation, chemical giant and CLC's first corporate donor, agreed to set aside 16 acres on Long Creek in western Mecklenburg County and also donated a $9,400 stewardship fund for the property.
3) Received a $50,000 grant from the state's Clean Water Management Trust Fund, which will be used to help identify opportunities for acquiring streamside conservation easements in the South Fork River watershed of the Catawba River.
4) The Foundation for the Carolina awarded a $25,000 Venture Grant to CLC to help develop a Natural and Open Space Strategy. The program will help identify critical conservation areas in a six county area, build community support for their acquisition, and establish an active landowner contact project that markets the benefits of voluntary land protection.
5) Received two in-lieu fee funds totaling $42,060 from Extended Stay America and Collette & Associates. CLC intends to use these funds in their continuing efforts to restore, enhance and preserve important and sensitive wetland habitats in the region.

FOOTHILLS CONSERVANCY OF NORTH CAROLINA, INC.
Address: P.O. Box 3023, Morganton, NC 28655-3023
Phone: 828-437-9930 Fax: 828-437-9912
E-mail: foothillscnc@vistatech.net
Mission Statement: To preserve and protect important natural areas of the Foothills region.
Geographic Area: Foothills region, including Alexander, Burke, Caldwell, Catawba, Cleveland, Lincoln, McDowell, and Rutherford Counties.
1997 Land Protection Projects
Promoted and supported successful efforts by South Mountain State Park to acquire the Morganton Watershed, approximately 5,500 acres.
Contacts
1) Susie Hamrick Jones, Executive Director
2) Erin Kiser, Office Administrator
3) Ruby Pharr, Board Chairman
Highlights
1) Changed name from South Mountain Coalition and expanded geographic area to include Alexander and Caldwell Counties, in addition to Burke, Catawba, Cleveland, Lincohn, McDowell, and Rutherford.
2) Led efforts, in partnership with The Nature Conservancy-NC Chapter and the NCV Wildlife Resources Commission, to secure $12.35 million in public funding toward the purchase of the 17,829-acre Rollins Tract in the South Mountains. Public funding includes $5 million from the NC General Assembly, $4.2 million from the NC Clean water Trust Fund, $2 million from the Natural Heritage Trust Fund, and 1.15 million from the NC Wildlife Resources Commission. FCNC is raising additional private money to round out the funds to acquire this purchase. The Rollins Tract will be managed as state game land and will be open to the public for outdoor recreational activities.
3) Awarded grants by the Z. Smith Reynolds Foundation and the Janirve Foundation for operational support.
4) Joined CTNC and other regional land trusts in a NC Farm/Rural Lands Protection Planning Project funded by Z. Smith Reynolds Foundation matching fund.
5) Coordinated numerous public information meetings and educational field trips.

HIGH COUNTRY CONSERVANCY
(formerly Watauga Trust)
Address: 577-5 George Wilson Rd., Boone, NC 28607
Phone: 828-264-2511
Fax: 828-264-3345
Number on Staff: all volunteer
Contact
Michelle Merritt, President
Highlights
1) Restructured organization and board.
2) Working on Howard's Knob and other projects.

HIGHLANDS LAND TRUST, INC.
Address: 348 South Fifth St., P.O. Box 1703, Highlands, NC 28741-1703
Phone: 828-526-9938 ext. 16
Fax: 828-526-0066
Mission Statement: Preserve and protect the lands we hold in trust, maintaining their natural state for the public.
Year of Establishment: 1987
Number of Staff: all volunteer
Geographic Area: Local area surrounding Highlands, NC
1997 Land Protection Projects
Number of places protected: 2
Land protected by fee-simple acquisition: 11.95 acres at two sites
Cumulative Land Protection Record
Total places protected: 8 Total protected acreage: 280.95
Total lands owned: 77.2 acres at six sites
Total conservation easements: 3 acres at one site.
Total lands protected by other means: 200 acres at one site
Contacts
1) Moyna Monroe, Executive Director
2) J. Wiley Ellis, President
Highlights
Purchased 8.2 acres adjacent to the trust's existing 54-acre Satulah Summit Park, The land will be named John Hobson Park and will be maintained as a public park.

NATIONAL COMMITTEE FOR THE NEW RIVER, INC.
Address: P.O. Box 1480, West Jefferson, NC 28695-1480
Phone and Fax: 336-982-9090
Mission Statement: NCRC works to protect and to preserve the unique natural and cultural qualities of the New River, the Watauga River, and their watersheds.
Year of Establishment: 1974 (1991 as a land trust)
Geographic Area: Watauga River Watershed and the New River watershed in North Carolina, Virginia, and West Virginia, including Ashe and Alleghany Counties in North Carolina.
1997 Land Protection Projects
Number of places protected: 3
Land protected by fee-simple acquisition: 57 acres at one site
Land protected by conservation easements: 172 acres at two sites
Cumulative Land Protection Record (in NC)
Total places protected: 3 Total acreage: 229
Total lands owned: 57 acres at one site
Total conservation easements: 172 acres at two sites
Contacts
1) Lisa Bare, Office Manager
2) Sandy Davison, President
3) Thomas worth, Secretary
Highlights
1) Received a 172-acre easement in North Carolina and a 30-acre easement along the New River's corridor in Virginia; the acquisitions will help leverage an additional 350-acre easement acquisition.
2) Received donation of 57 acres valued at $449,000 in Watauga County for resale, which will help establish the NCNR sustainable endowment.

PACOLET AREA CONSERVANCY
Address: P.O. Box 310, Columbus, NC 28722-0310
Phone and Fax: 828-894-3018
Mission Statement: To preserve and to protect land and natural resources in the greater Pacolet area through conservation easements and gifts of land for this and future generations.
Year of Establishment: 1989
Number of Board Members: 20 Number on Staff: 1
Geographic Area: Polk County, adjoining parts of Greenville and Spartanburg Counties, SC with holdings in Transylvania and Henderson Counties, NC.
1997 Land Protection Projects
Land protected by conservation easements: 40 acres
Cumulative Land Protection Record
Total places protected: 15
Total lands owned: 58 acres at four sites
Total conservation easements: 2,595 acres at 15 sites
Total land protected by other means: 100 acres
Contact: Jo Ann Miksa
Highlights
1) Accepted donation of 54 acres of wooded mountain land which has been dedicated by the property's former owners in memory of their spouses.
2) Sponsored a talk by land use planner Randall Arendt, author of Rural by Design: Maintaining Small Town Character, in which he discussed traditional versus open space zoning.
3) Accepted a donation of 40 acres of farmland, which included a wooded stream area.
4) Took option to purchase 46 acres of steep mountain slopes on the Blue Ridge escarpment.
5) Negotiating a 60-acre easement in equestrian country.

SOUTHERN APPALACHIAN HIGHLANDS CONSERVANCY
Address: 34 Wall St., Suite 802, Asheville, NC 28801-2710
Phone: 828-253-0095
Fax: 828-253-1248
E-mail: southapps@ioa.com
Web-site: www.appalachian.org
Mission Statement: To protect the world's oldest mountains for the benefit of present and future generations. To this end, our volunteer-based organization works with individuals and local communities to identify, preserve and manage the region's important lands.
Year of Establishment: 1974
Number of Board Members: 15
Number of Staff: 2 full-time, 2 part-time
Geographic Area: western North Carolina and east Tennessee
1997 Land Protection Projects
Number of places protected: 6
Land protected by fee-simple acquisition: 0.4 0f an acre at one site
Land protected by conservation easements: 302 acres at two sites.
Cumulative Land Protection Record
Total places protected: 28 Total protected acreage: 16,363 acres
Total lands owned: 854.4 acres at 10 sites
Total land acquired and transferred to other owners: 13,966 acres at eight sites
Total conservation easements: 1,473 acres at eight sites
Total lands protected by other means: 70 acres at 2 sites by voluntary, state-registered protection
Contacts
1) D. Lynn Cox, Executive Director
2) Kristy Urquhart, Associate Director
3) Carolyn Novak, President
Highlights
1) Negotiated a new 10 year agreement with State of Tennessee under which the Conservancy will manage Hampton Creek Cove State Natural Area. SAHC encourages regional cooperation to help shape its management approach, and therefore has initiated restoration and conservation in Hampton Creek Cove through formal and informal partnerships with state and federal agencies, as well as other conservation groups.
2) Raised over $800 for regional land protection projects through its silent auction and plant sale at the annual meeting in June.
3) Purchased two cabins on Roan Mountain, one of which was the first residence in North Carolina after crossing the gap from Tennessee.
4) Organized "June Jamboree," the annual meeting, which included several east-to-difficult guided hikes, an auction, a slide presentation on the Southern Appalachian Red Wolf Recovery Effort, Keynote Speaker archaeologist Quentin R. Bass, II, plus music and clogging.
5) Collaborating with other land trusts to work with private landowners to protect scenic and natural resources in the Blue Ridge Parkway corridor.
6) Aided in establishing Nikwasi Land Trust in Macon County, This land trust's focus is protecting the Little Tennessee River watershed from advancing development.

AFFILIATE LAND TRUSTS OF SOUTHERN APPALACHIAN CONSERVANCY:
BLUE RIDGE RURAL LAND TRUST
Address: 1081-20 Old US Highway 421, Sugar Grove, NC 28697
Phone: 828-297-5805
Fax: 828-297-5928 or 5735
Mission Statement: To enrich the quality of life of the Blue Ridge Region of northwest North Carolina by helping landowners preserve and protect the diversity of native habitats, farmland, and open spaces for future generations.
Geographic Area: Alleghany, Ashe, Avery, Mitchell, Watauga, Wilkes, and Yancy Counties.
Number on Staff: all volunteer
Contact: Stan Steury

NIKWASI LAND TRUST
Address: 3257 Goshen Rd., Franklin, NC 28734
Phone: 828-524-2711
Mission Statement: Protecting the natural, rural, and historic character of the Little Tennessee Valley.
Geographic Area: Areas surrounding and within the Little Tennessee Valley.
Contact: Paul Carlson, Program Manager
Beginning of Section Table of Contents CCRC Homepage



ESTABLISHING PRIORITIES FOR YOUR FOREST PLAN

The North Carolina statutes are extremely general and vague: this leaves them open for interpretation by individual county tax assessors. A county tax assessor can range from flexible and understanding to downright tyrannical when it comes to determining the eligibility of the property for the present use program. Therefore, it is a good idea to ask your county tax assessor a few questions before you jump headfirst into this program. For example, does your county assessor allow primary forest objectives such as long rotation timber cutting and selective harvesting? Make sure that you will not have to compromise your objectives too much in order to qualify for the tax deferment.

The Department o f Revenue made recomendations to the counties of North Carolina in September of 1q997 that every application of the Forestry Present Use Program be accompanied with a written sound management plan or require one written by a professional forester. However, this decision is left to the discretion of the individual county. Find out about your individual county's policies concerning this subject. The Department of Revenue also made recommendations for the key elements to be included in a written sound forest management plan. They are as follows:

  1. A statement of management of landowner and management objectives;
  2. Location maps, photographs, and descriptions;
  3. Recommendations for protection and maintenance;
  4. Silvicultural Prescriptions;
  5. Inventory: species, age, size, condition of each delineated stand with individual stand corresponding to a map of the forest land in actual production.
  6. Harvest and Regeneration: timetables of expected timber harvests and recommended methods to insure adequate regeneration upon final harvest (Hamilton 2).

It is always a good idea to have a clear vision of objectives and priorities for your forest before you initiate an actual management plan that will put into use. The following survey, written by the North Carolina Cooperative Extension Service, will be helpful in clarrifying personal goals for your forest land.



Forest Plan Survey

Establish Priorities and develop objectives for managing your land by answering these questions.

  1. My property is used for...
    _____ primary residense
    _____ agriculture
    _____ investment
    _____ weekend retreat
    _____ recreation
    _____ future development
    _____ Other (list) ______________________________


  2. Acreage:
    _____ total
    _____ woodland
    _____ pasture or cropland


  3. Priorities for the property:
    _____ timber management ( _____ pine _____ hardwood _____ mixed )
    _____ wildlife management ( _____ hunting _____ observation )
    _____ recreation / beauty
    _____ water protection
    _____ soil conservation
    _____ other (list) _______________________________


  4. Activities for which you use the property:
    _____ bird watching
    _____ firewood
    _____ horseback riding
    _____ nature walks
    _____ biking
    _____ fishing
    _____ hunting
    _____ wildlife conservation
    _____ hiking
    _____ camping
    _____ boating
    _____ other (list) ________________________________


  5. Timber management goals:
    _____ generate immediate income
    _____ improve future income potential
    _____ maximize forestry income
    _____ maximize wildlife benefits
    _____ maintain forest health
    _____ maximize forest beauty
    _____ provide periodic income
    _____ maintian mature forest
    _____ other (list) ________________________________


  6. Wildlife management orientation:
    _____ recreation hunting opportunities
    _____ non-game species
    _____ observation
    _____ game species
    _____ protection
    _____ other (list) ________________________________


  7. Featured or target wildlife species:
    _____ fox
    _____ quail
    _____ rabbit
    _____ beaver
    _____ grouse
    _____ waterfowl
    _____ nongame species
    _____ gray squirrel
    _____ mourning dove
    _____ white-tailed deer
    _____ wild turkey
    _____ woodchuck
    _____ songbirds
    _____ raccoon
    _____ birds of prey
    _____ other (list) ________________________________


  8. Soil and water management focus:
    _____ stabilize existing erosion
    _____ improve water quality
    _____ increase soil productivity
    _____ other (list) ________________________________


  9. Management constraints:
    _____ limited capital
    _____ lack equipment
    _____ distance from property
    _____ need funding assistance
    _____ need technical assistance
    _____ other (list) ________________________________


  10. Property history:
    ___________________________________________________
    ___________________________________________________
    ___________________________________________________


  11. Outstnading or unique features (requiring protection/special management):
    ___________________________________________________
    ___________________________________________________
    ___________________________________________________


  12. Management philosophy:
    ___________________________________________________
    ___________________________________________________
    ___________________________________________________


  13. Ownership/family situation:
    ___________________________________________________
    ___________________________________________________
    ___________________________________________________
Beginning of Section Table of Contents CCRC Homepage



RESOURCES FOR LANDOWNERS

Registered Foresters
Paul Carlson
3257 Goshen Road
Franklin, NC 28734
Phone/Fax: 828-524-2711

Jerry Gaertner
5420 Knightdale-Eagle Rock Road
Knightdale, NC 27545
Phone:919-266-7718
Email: northstate@juno.com

Leon Minckler
1510 Holly Hill Place
Blacksburg, VA
Phone:504-961-3169

Rachel Wood (forest management)
389 Webb Cove Road
Asheville, NC 28804-1932
Phone:828-285-0134

Lislott Harbetts (land management)
437 Walnut St.
Statesville, NC 28677
Phone:704-872-1930 or 872-1938

Monty Wooten
26 Hampstead Rd.
Asheville, NC 28804
Phone:828-254-1114

Peter Bates
485 Scarlet Ridge Rd
Sylva, NC 28779
Phone:828-586-5716



Horse Logging Contractors
Richard "Snuffy" Hall
PO Box 321
Chester, SC 29706
Phone:803-581-0551

Clifford Cox
68 Holberts Cove Rd.
Saluda, NC 28773
Phone:828-894-6057

Mike Barrick
Rt. 1, 18879 CR 3
Dresden, Ohio 43821
Phone:740-327-6695

Sally Stokes- Exe. Dir. of Resource Conservation and Development
31 College Place - Bldg. B, Suite 225
Asheville, NC 28801-2457
Phone:828-252-5553 (4936)
Email: s.stokes@juno.com



Envionmental Contractual Services
Lee Barnes
Happy Trails Production
PO Box 1303
Waynesville, NC 28786-1303
Phone/Fax: 828-452-5716
Email: lbarnes@primeline.com

Caroline Edwards (licensed soil scientist)
Earthwise Designs
724 Duncan Road
Rutherfordton, NC 28139
Phone:828-247-0067
Email: kudzukid@rfci.net

Envionmental Contractual Services
Rob Messick
Old Growth Forest Assessment
277 Private Dr.
Union Mills, NC 28167
Phone:828-287-7931

Doug Elliott (naturalist)
3861 Painters Gap Rd.
Union Mills, NC 28167
Phone:828-287-2960

Kevin Caldwell, Paul Meyers (botanists)
Appalachian Ecological Consultants
Biological Surveys
Phone:828-862-8103 (Kevin)
Phone:828-698-8364 (Paul)

Blair Musselwhite (ornithologist)
PO Box 78
Asheville, NC 28802
Phone:828-683-6130

Richard Maas (water consultant)
UNCA One University Heights
Asheville, NC 28804
Phone:828-251-6366 or 251-6713

Joseph Allowas (botanist)
534 Sugar Creek Rd.
Leicester, NC 28748
Phone:828-683-0706

Gary Hoyle
494 Roundtop Trail
Sylva, NC 28779
Phone:828-586-9058

Casey Miller
Phone:828-264-2760

Kay Richey
Rt 1 Box 511
Danbury, NC
Phone:336-953-2969



Organizations
Concerned Citizens of Rutherford County
P.O. Box 623
Rutherforton, NC 28139-623
Phone:828-287-4429
Email: ccrc@rfci.net
Website: www.ccrcnc.org

North Carolina Farm Bureau
Peter Daniel
Phone:919-782-1705



Reading Materials
Crop Tree Management in Eastern Hardwoods
US Department of Agriculture
Forest Service
180 Canfield Street
Morgantown, WV 26505
Perkey, Wilkins, and Smith

Woodland Ecology: Environmental Forestry for the Small Owner
Leon Minckler
Syracuse University Press
ISBN 0-8156-0154-9

Woodland Owner Notes
NC Cooperative Extension Svc.
NC State University College of Agriculture and Sciences

Beginning of Section Table of Contents CCRC Homepage



NORTH CAROLINA FORESTRY PRESENT USE PROPERTY TAX PROGRAM

North Carolina's forestry present use property tax program is designed to allow a tax deferment, not a reduction, to landowners who currently have their forestland in some type of commercial production. As long as a landowner's forestland is being utilized in a fashion that has been approved by the particular county's assessor, the forestland will be appraised at a lower property tax rate. This program is obviously beneficial to the landowner who would like to retain ownership of his/her forestland, but is unable to pay high residential property taxes. Instead of being forced to sell ancestral land, individuals can still enjoy the pleasures of owning forest. However, the program has evident drawbacks as well.

Once land is taken out of the issue that has been approved by the county tax assessor, a "rollback" provision is triggered. This means when a landowner is no longer able to participate in this program, he/she must pay the difference in taxes plus interest for the last three years (or however long the landowner has participated in the program, whichever comes first). Forestland is no longer qualified for the tax deferment when one of the following occurs:

  1. The "acres in actual production" fall below the minimum.
  2. The use of the property changes to non-qualifying use.
  3. The property is judged not to be under a sound management program.
  4. Property is sold, transferred, or otherwise conveyed to anyone other than a designated relative (lineal ancestor or descendant).
  5. Property is sold, transferred, or otherwise conveyed to anyone and the use changes to a non-qualifying use (Hamilton5).

A landowner must have at least 20 acres of contiguous forest in actual production to qualify for the present use program (subsequent tracts of land may be smaller, as long as the landowner possesses one tract that meets this initial requirement). Let it be noted that forestland is not required to produce annual income under the North Carolina general statutes. For the landowner's convenience, a copy of the general statutes concerning the present use program is provided on the following pages:

Form AV-4 (Rev.11-95)

USE VALUE ASSESSMENT & TAXATION OF AGRICULTURAL, HORTICULTURAL, AND FORESTLANDS




105-277.2 Agricultural, horticultural, and forestland - Definition

The following definitions apply in G.S. 105.277.3 through 105-277.7

(1973,709,s.1; 1975,c. 746,s.1; 1985,c.628, s.1; c.667, ss.1; 4; 1987,c.698, s.1; 1995,c.454, s.1.)




105-277.3. Agricultural, horticultural, & forestland-Classifications

(1973,c.709, s.1; 1975,cc746, s.2; 1983,c.821; c.826; 1985,c.667, ss.2, 3,6.1; 1987,c.698, ss.2-5; 1987(Reg.Sess., 1988),c.1044,s.13.1; 1989,cc. 99,736,s. 1; 1989(Reg.Sess.,1990), c.814,s.29; 1995,c.454,s.2.)




105-277.4. Agricultural, horticultural, and forestland - Application for taxation at present-use value.

(1973,c.709, s.1; c.905; c.906, ss.1, 2 1975, c.62; c.746, ss.3-7; 1981,c.835; 1985, c.518, s.1; c.667, ss.5, 6; 1987,c.45, s.1; c.295, s.5; c.698, s.6; 1987(Reg. Sess., 1988), c.1044, s.13.2; 1995,c.443, s.4; c.454, s.3.)




105-277.5. Agricultural, horticultural and forestland-Notice of change In use.

(1973,c.709, S.1; 1975,c.746, s.8, 1987,c. 45,s.1.)




105-277.6. Agricultural, horticultural and forestland-Appraisal; computation of deferred tax.

(1973,c.709, s.1; 1975,c.746, ss.9, 10; 1987,c.45, s.1; c.295, s.2.)




105-282.1. Applications for property tax exemption or exclusion.




105-289. Duties of Department of Revenue.




105-296. Powers and duties of assessor.

Beginning of Section Table of Contents CCRC Homepage



SUMMARY OF APPEALS PROCESS FOR PROPERTY TAX EVALUATION

If a landowner is unhappy with the county's property tax evaluation of his/her land, an application of appeal may be filed to the county tax assessor. Once this initial step is taken, a county appraiser (or sometimes the county assessor) will visit the property in question and see if any mistakes were made during the first evaluation. If the county finds that no mistakes were made and /or the landowner is still unhappy with the appraisal, the landowner may file an appeal to the Board of Equalization and Review.

The members of the Board of Equalization and Review are appointed at the discretion of the County Commissioners. This board must meet no earlier than the first Monday in April and no later than the first Monday in May. They must adjourn no later than the third Monday after the first meeting. However, the Board can meet beyond this date under special consideration from the county commissioners. This extended meeting period absolutely must be concluded by July 1st.

When an appeal is being heard by the Board of Equalization and Review, the county tax officials (appraiser, assessor, etc.) present evidence such as similarly valued property in the area to defend their evaluation of the land in question. The landowner presents any relevant evidence in a likewise fashion. The Board can raise, lower or agree with the appraisal of the county officials. If the landowner is still unhappy with the outcomes/he may appeal to the Property Tax Commission in Raleigh. The governor appoints three of the five members that sit on the Property Tax Commission. The remaining two positions are appointed by the General Assembly.

When the decision is made to appeal to the Property Tax Commission, the landowner must file a notice of appeal to the Commission as well as his/her county tax assessor. The Property Tax Commission then sends a letter of acknowledgment to the landowner and four copies of an AV-14 form of appeal (also accompanied with an A14A form that explains the rules and procedures of the Property Tax Commission). This form must be returned within 30 days of being received by the landowner to the Property Tax Commission. The second and third copies of the AV-14 form must be sent to the landowner's county tax assessor and the county attorney. The fourth copy should be retained for the landowner's records.

After this step is accomplished, the Property Tax Commission then sends an acknowledgment also states that a representative from the Commission will review the appeal with county officials and the landowner. A date is set for the hearing and Property Tax Commission hears the case from both the county's attorney and the landowner's attorney (it is recommended that the landowner acquire professional legal assistance before the hearing. Also, general statute 105-290 states that taxpayers may file joint appeals to the Property Tax commission). If the landowner is not satisfied with the decision of the Property Tax Commission, the only available recourse left is appealing to a court of law.

Works Cited:
Hamilton, Rick. "North Carolina Forest Present Use Tax Program." October 31, 1997
North Carolina Cooperative Extension Service. "Management by Objectives: Successful Forest Planning." Prepared by Mark A. Megalos, Extension Forestry Specialist.




Disclaimer:
This publication is designed to provide accurate information in regard to the subject matter covered. It is distributed with the understanding that neither the Concerned Citizens of Rutherford County nor Dogwood Alliance is engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of experienced professional advisors should be sought.
Beginning of Section Table of Contents CCRC Homepage