In this issue:

WAFO Comments on DNR Guidance Documents on Amending MFL Management Plans and its Dispute Resolution Process

Department of Revenue Asked to Open Up Its Administrative Code to Eliminate Penalties for Planting Trees on Marginal Cropland

Legislation to Update the Managed Forest Law Still Pending

Please Consider Making a Contribution – WAFO Needs Your Help


DNR Proposes to Amend Guidance Documents on MFL Plan Amendments and the Dispute Resolution Process

The DNR maintains and periodically revises its Tax Law Handbook. This handbook provides detailed internal guidance on how the department administers the Managed Forest Law. The proposed guidance on Amending Management Plans varies considerably from its current version. In its comments, WAFO suggests that this document needs significant revision, especially as it relates to how the department believes it can change a landowner’s management plan, plans which we believe are contracts. 

The DNR’s Dispute Resolution Process is a voluntary process that can be used when there are disagreements with department decisions that are related to MFL management plans and cutting notices. This very detailed 13 page document describes how the procedure, which involves mediators, a panel of experts and more, will be followed to obtain dispute resolution. Use of this process can be straightforward and simple for a private landowner to use, but as WAFO points out, this document was not written with an eye to what private landowners need to know about using the process. 

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Department of Revenue Asked to Eliminate Penalties for Planting Trees on Marginal Cropland

The Governor’s Climate Change Report provides extensive recommendations related to forestry, including implementation of a tree-planting campaign targeting marginal croplands. 

Under current Use Value Assessment rules, landowners who convert agricultural lands by planting trees experience severe penalties. On a statewide average, landowners who do so see a property tax increase of 1000%. In the southern parts of the state, property tax increases can be as high as 6000%. 

The Department of Revenue’s Administrative Code, TAX18, regulates how agricultural lands are taxed. In a letter to Secretary Barca, WAFO asked for a review of this code to allow property taxes to remain the same if trees are planted on marginal cropland.  

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Reintroduction of MFL Improvement Bill Still Needed

Following passage by the full Assembly and the Senate Forestry Committee, Senate Bill 867 only needed approval by the full Senate before it could be sent to the Governor for final approval. Unfortunately COVID intervened and the Senate never voted on the bill.  It ultimately died as a result.

This bill included allowing buildings needed for equipment storage to be located on lands in the MFL, it would have allowed landowners to meet the 20 acre minimum entry requirement by including unconnected parcels, broadened the ability to add new lands to existing contracts, and expanded conditions which would allow withdrawals from the MFL without penalties.

We expect to see a new bill introduced in the near future. Unfortunately the legislature is currently debating the state’s budget bill and has not yet paid attention to bills such as ours.   

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WAFO Needs Your Help

Please consider making a donation that will help us continue to work for the interests of private woodland owners. As new bills are developed and hearings held, we’ll need to maintain an active presence.

Forwarding this e-news to other woodland owners you know and encouraging them to join would help tremendously. The more woodland owners we can enlist will result in a greater ability to influence legislation and regulatory initiatives.