SB 543

Under current law, certain forested land may be designated as managed forest

land (MFL) under a program administered by the Department of Natural Resources

(DNR). Under this program, the owner of land designated as MFL makes an annual

acreage share payment that is lower than, and in lieu of, the property taxes that

normally would be payable. In exchange, the landowner must comply with certain

forestry practices and have a management plan prepared for the land. The owner

must also open the MFL to the public for hunting, fishing, hiking, sight-seeing, and

cross-country skiing, but may designate up to a certain number of acres as being

closed to the public. For MFL that is designated as closed, the owner must make an

additional payment per acre. A landowner seeking to have land designated as MFL

submits an application to DNR that contains a management plan for the land. If the

MFL meets the eligibility requirements under the program, which include minimum

acreage requirements and requirements as to how much merchantable timber can

be produced on the land, DNR approves the application and issues an order

designating the land as MFL. A landowner may choose to have the order last 25 or

50 years.

A similar program exists for land designated as forest croplands (FCL). Since

July 1985, no new land may be subject to the FCL program. However, there is forest

land that is currently in this program since the designations last for 25 or 50 years.

Eligibility under the managed forest land program

Under current law, for a parcel of land to be eligible to be designated as MFL

it must be at least ten contiguous acres in size. Also, at least 80 percent of the parcel

must be producing or be capable of producing a minimum of 20 cubic feet of

merchantable timber per acre per year. The parcel may have public or private roads

or railway or utility rights-of way running through it. This bill increases this

minimum acreage requirement from ten acres to 20 acres.

Under current law, a parcel that is developed for a human residence is not

eligible for designation as MFL. Under the bill, a parcel is not eligible if there is any

building, or any improvement associated with a building, located on the parcel. The

bill defines a building to include any structure used as shelter, as a place of

employment, or as storage. Under the bill, an "improvement" includes any accessory

building, structure, or fixture that is placed on a parcel for the parcel's benefit. The

bill also specifically excludes roads, certain rights-of way, fences, and other

structures from being considered improvements.

Access to closed lands

This bill requires the owner of open MFL to ensure that the public has access

to the land. Sometimes, open MFL is surrounded by closed MFL or other private

property, making it impossible for the public to have access to the land without

having permission from an owner of some of the surrounding land. Under the bill,

the method and location of access to open MFL must be equivalent to the method and