Summer 2003 Volume 12, Number 2
Classified Forest Program Goes Through Major Revisions
by Jack E. Nelson, Classified Forest Program Administrator
During the recent legislative session,
the Indiana Department of Natural Resources introduced a 22-page bill to revise
many of its statutes. These revisions included everything from the registration
of ORV's (off road vehicles) to defining the term, 'farmland' for certain
hunting license requirements, to increasing certain program fees, to making
technical corrections and additions to the Classified Forest Act.
This legislative potpourri of DNR changes was long overdue! The proposed
legislation started in the House of Representatives and thus became known as
House Bill 1552. As this bill proceeded through the House and then the Senate,
there were some amendments to the original bill, but by and large it stayed
intact and was signed into law. The changes enacted through HB 1552 go into
effect as of July 1st, 2003. The Classified Forest Act (I.C. 6-1.1-6) received
some major revisions to the existing law.
Most of
the changes dealt with long over due language reform. Others dealt with
providing additional language to the low. The following is a summary
highlighting those changes that will most impact the law:
As an addition to the existing law, Section 3.5 allows open areas in the
program. These open areas may not exceed the lesser of five (5)acres or ten
percent (10%) of the total area to be classified. These open areas can be either
and or: 1) Non-forest areas containing a good stand of vegetation capable of
supporting wildlife that is conducive to wildlife management. 2) Non-forest
wetland areas. 3) A body of water that: (A) is less than two (2) acres in size;
or (B) has an average depth less than four (4) feet. A parcel may contain more
than one (1) isolated body of water.
In essence, this addition to the law allows the classified forest landowner the
latitude to have open area(s) in their forest for wildlife habitat. Such areas
could be planted to warm season grasses, wildlife food plots, etc. In addition,
landowners can have bodies of water in their classified forest. More
specifically, ponds two (2) acres or less in size and/or bodies of water less
than four (4) feet in depth but up to 5 acres in size. Any combinations of open
land and/or bodies of water when combined do not exceed 5 acres in size or 10%
of the total acreage in the classified forest program - which ever is the least!
Section 5.5 is a new addition to the law, which allows for adding acreage to an existing classified forest parcel. The addition has to be one (1) acre or larger in size. It has to be physically adjoining existing classified forest acreage, and it has to meet all other requirements for eligibility of the law. So if a landowner decides to plant one (1) acre or more to trees; or acquires additional forested acreage one acre or more in size this can now be entered into the classified forest program.
Section 8 deals with animal grazing in a classified forest. Domestic livestock
(cattle, pigs, etc.) are still excluded from the program. However, with the
advent of commercial deer and elk farms, it was felt that those types of
operations should be excluded from the program. So the language was changed to
exclude domestic animals or confined non-domesticated animals.
Under Section 16, which deals with the issue of management plans, it talks in
terms of establishing minimum standards for timber and wildlife management
plans. With more landowners expressing interest in wildlife and wildlife
management, plans reflect those topics in order to meet the landowner's
objectives. Another significant change as a result of the enactment of HB
1552 deals with the Classified Windbreak Act (].C. 6-1.1-6.2). The Classified
Windbreak program was not totally repealed. It was rewritten to grandfather
(into Classified Forest Program) those participants who are in the program
before July1, 2003, and close the program to future participants after that
date. Currently, there are 22 parcels totaling 102.5 acres enrolled in the
Classified Windbreak program. In March of this year, the Indiana Classified
Forest Program celebrated its 82nd birthday. To our knowledge, it is the oldest
forest property tax incentive program in the country. It is ever evolving, ever
changing with the times and yet the basic premise of the program of conserving
forestland, providing a timber resource for future generations and protecting
water quality have acres remained intact. Currently, we have over 428,000 acres
and 8,897 parcels enrolled in the program. For further information on HB
1552, please refer to the following web site:
http://www.in.gov/serv/lsa_billinfo