Branching Out - Summer 2002

Managing Your Forest Forever

So you’ve already worked with a professional forester and your forest stewardship plan is in tact. You know about all the forest resources on your property, you’ve determined your objectives for your property and you are currently putting those recommendations into practice. Congratulations! Your actions will benefit your land now. So how do you know that 100 years from now, your land will remain forest and your goals are still being met?

If forest landowners want to ensure that their forest stewardship efforts extend beyond their tenure and are available for future generations to use and cherish, they must act responsibly and take charge of the direction and long-term future of their land. Working Forest Conservation Easements (WFCE) is one estate planning tool that may be the answer.

Concept of conservation easements
A conservation easement is a legal agreement between a landowner and a nonprofit land trust or governmental entity that permanently limits the uses of the land in order to protect specified conservation values. It does this by restricting the amount of development and activities that can take place in the future. Not only do conservation easements protect open space values such as wildlife habitat, ecological diversity, and forest beauty, but also the economic and community benefits that arise out of the forest’s production of forest products, goods and services.

Some of the benefits of conservation easements include:

• They leave the property in the ownership of the landowner, who may continue to live on it, sell it, or pass it on to heirs.
• They can significantly lower estate taxes and provide the landowners with income tax and/or property tax benefits for many years.
• They are flexible and can be written to meet the particular needs of the landowners while protecting the property’s resources.
• They are permanent even when the land changes hands.
• They provide private landowners with a means to control the future use of their own private lands – independent of government agencies and the local planning and zoning process.

What is a working forest and how does it differ from "Forever Wild?"
All forests “work” by providing wildlife habitat, clean air, clean water, beautiful surroundings, etc., but a “working forest” is one that is actively managed using a forest stewardship plan as the road map or guide. The plan can be revised every 10 years or so to meet changing needs within the limitations of the objectives. A fact sheet on developing a forest stewardship plan (FS625) is available from the Maryland Cooperative Extension web site. This is in contrast to an easement that is commonly called “forever wild,” where forest harvesting is prohibited so that nature can take is course. Unfortunately, forest history and the impacts of human populations on forest ecosystems have demonstrated that what nature will provide is not what most landowners envisioned. In the 1920’s, the entire Appalachian forest saw the decline of the American chestnut due to the introduced chestnut blight. In recent years, the gypsy moth has caused the mortality of thousands of acres of oak forest. Millions of acres of New England forest was ravaged by an ice storm. The future will surely bring new surprises.

Landowners who restrict timber harvesting in conservation easements many times do so to protect sensitive or unique habitats, or maintain a certain forest stage (for example – mature growth). Over time these habitats change through the process of natural succession and many times require forest harvesting to maintain or enhance them as conditions change.

It is not recommended that landowners give up the right to harvest forest products as part of a conservation easement unless they carefully consider the future implications of that decision. The inability to harvest timber forever limits the ability of the land to support itself economically in the future. While the present generation may be able to handle this financial burden, future generations may not.

How do I select a proper land trust?
Not all land trusts are willing or able to handle working forest conservation easements. Many land trusts have specific goals that may be targeted toward scenic, historic, or preservation easements, not those that involve working forests. There are many state and national land trusts that may fit your needs.

Research local, state, and national land trusts to find out how long they have been in existence, how many properties they protect, and if possible, talk to another landowner who has a conservation easement held by that land trust. Land trusts should:
• have experience owning and/or managing forestland.
• share similar objectives concerning the land with the landowner.
• be able to respond to such things as marketplace pressures, harvest complications or storm or insect damage.
• be prepared to evaluate management options and respond to circumstances on the property and the landowner’s needs. Land trusts may not have foresters on staff, but they should have relationships with professional consulting foresters who can oversee the management of your property.
• have a "forever plan" that stipulates who will take over monitoring and enforcement of the easement if the land trust should falter.

Where do I go from here?
You can contact the Maryland Environmental Trust (MET) at (410) 514-7900 to obtain a list of local land trusts in Maryland. Maryland is fortunate to have the MET, which as state-supported agency, is able to cosign conservation easements with local land trusts. This provides an assurance that if something were to happen to the local land trust, the MET would still be there to monitor and enforce the easement. You can also contact the Land Trust Alliance (www.lta.org) at 202-638-4725 to find land trusts in your area that handle working forest conservation easements. You can log on to their web site at www.lta.org/findlandtrust/index.html for a listing of land trusts in your area and other educational materials.

• Be prepared prior to talking with the land trust – It is important that you represent yourself as an informed landowner and approach the land trust with a plan of your own.
• Talk with your own legal and financial advisors – Some land trusts can provide legal or financial advice, but it is best for you to seek your own qualified legal and financial counsel to make sure your considerations and decisions about your property are what you expect.
• Talk with others who have been through it – Don’t just talk with landowners who have had success with their easements, but also speak with those who may have had negative experiences. They can give you the ins and outs and advice on how to get things done.
• Working Forest Conservation Easement: A Primer for Forest Landowners – A new factsheet developed by Maryland Cooperative Extension which has detailed information about WFCEs and provides further resources. You may view and download a copy at www.naturalresources.umd.edu.
• The Landowner's Guide to Conservation Easements by S. Bick & H.L. Haney, Jr. 2001. Kendall/Hunt Publishing. Good resource on landowner perspective.

The Quiet Giant, The Wye Oak

In 1919, the American Forestry Magazine honored the Wye Oak in its Tree Hall of Fame and it was one of the original "Champion Trees" named in the 1940 American Forestry Association tree contest. Since its beginning in the 1500s, the tree saw the birth of a nation and survived countless thunderstorms, tornadoes, diseases and the threats of modern development.

Currently, state agencies are collecting bud wood in an attempt to clone the tree, and collecting leaves, stems and wood to preserve and find an appropriate use to match the Wye Oak's historic value to the State. The Governor is encouraging Marylanders who have innovative ideas on how to use the wood that is being saved from the Wye Oak, e-mail suggestions to wyeoakideas.dnr.state.md.us.

New Deer Management Program Benefits Forest Landowners

Recent changes in the Deer Management Permit system in Maryland specifically enable forest landowners to obtain deer damage permits to harvest deer throughout the year to reduce the damage to existing forests and plantations. Deer Management Permits are now available for owners of woodland that have forest management plans or tree planting plans written by a Department of Natural Resources (DNR) forester or a licensed professional forester. New applicants will have to contact their regional DNR Wildlife Division office, which are provided in this article. A wildlife biologist will visit the property and issue a Deer Management Permit to the landowner. He/she will then provide a certain number of deer tags that the landowner can fill anytime of the year. Tags are issued for antlerless deer only and the number will depend on the situation. When the tags are filled, new tags may be provided without another visit by the biologist, which streamlines the program. Many landowners may not hunt, but still wish to reduce deer damage. The landowner can assign other agents (other hunters) to fill the tags. Forest landowners who meet the requirement above should contact the regional DNR Wildlife Division office near them for more information:

   Southern Region - Tawes State Office Building, E-1, Annapolis, MD 21401 (410) 260-8540
   Western Region - 3 Pershing Street, Cumberland, MD 21502 (301) 777-2136
   Central Region - 2 S. Bond Street, Bel Air, MD 21014 (410) 836-4557
   Eastern Region - 201 Baptist Street, Suite 22, Salisbury, MD 21801 (410) 543-6595

"Invasive Species of Concern in Maryland" - A New Publication!

A National Initiative has been developed that focuses on prevention, control, and restoration. What can the average forest landowner do?
• First, know what they are. A new publication "Invasive Species of Concern in Maryland" developed by the Maryland Invasive Species Council will do this. It is available online at www.mda.state.md.us/plantinvspeci.pdf, by calling (410) 841-5920, and in hard copy from various conservation organizations.
• Second, buy a field guide from a bookstore and learn to identify these species.
• Third, contact your state forester or other organizations mentioned in the publication to find out what you can do on your property. Possibilities include removal, avoiding introduction and transportation, minimizing disturbances that increase their abundance, and educating your neighbors about the problem.

Branching Out - Vol. 10, No. 2, Summer 2002

Supported by the Maryland Tree Farm Committee.