Ohio Admin. Code 164-2-10

Current through all regulations passed and filed through November 4, 2024

Section 164-2-10 - Forest ecosystem and sustainability

A forest management plan may be compatible with the purposes of the clean Ohio fund. Forest management plans, developed by a professional forester, must provide for methods to maintain or improve forest health, sustainability, diversity, and productivity. To achieve these goals, forest harvesting may occur on clean Ohio protected properties if done so in a manner that maintains or enhances the public benefits gained from the property. Under no circumstances shall a harvest be conducted for the primary purpose of generating funds. The commission encourages applicants to include forest management plans with land acquisition project applications submitted to a natural resource assistance council for review and approval. Forest management plans do not apply to lands being restored to native grassland or savanna. If a forest management plan is not available at the time of application, and a forest management plan is later developed, it must be submitted to the commission for approval prior to its implementation. The cost for development of a forest management plan is an eligible expense of the clean Ohio greenspace conservation program. Should an approved applicant intend to undertake forest harvesting, in addition to possession of a forest management plan, they must obtain certification to the principles and criteria of the forest stewardship council, sustainable forest initiative, or recognition in the american tree farm system.

(A) While the commission gives discretion to the landowner on the silviculture method or methods employed in the harvest of trees, even aged and two aged management silvicultural prescriptions may only be undertaken when:

(1) The harvest is designed to specifically benefit a state threatened or endangered species;

(2) The harvest is designed to limit the damaging impacts of a non-native invasive insect or disease;

(3) It is necessary due to significant tree decline, mortality, or damage from severe weather events;

(4) It is necessary to maintain or restore fire-adapted forest species in decline due to fire suppression; or

(5) The harvest is designed to convert or manage monocultural forests through a silvicultural process.

A forest management plan shall only prescribe burns to promote natural regeneration of native tree and plant communities. Any timber harvest upon real property protected by the clean Ohio program may only occur based upon a written contract that contains provisions noting the clean Ohio fund interest in the property and which shall also set forth in detail all measures to be employed to protect relevant clean Ohio conservation values on the property. Any net proceeds derived from timber harvesting are required to be used for the future maintenance of the property. Financial records shall be maintained for a period of six years for the commission's inspection upon request.

Ohio Admin. Code 164-2-10

Effective: 2/15/2024
Five Year Review (FYR) Dates: 02/15/2029
Promulgated Under: 119.03
Statutory Authority: 164.05, 164.26, Chap. 119
Rule Amplifies: 164.05