I sent the comments below to bslmregs@dec.ny.gov.
I’m writing to comment on the proposed changes to the 480a tax law. My property is in the 480a Forestry Tax program. I have been doing timber stand improvement projects on my property since 1968, although I didn’t enroll in the program until around 1995. One of the reasons for people to enroll in this program is to make it financially possible to live in NYS. The 480a program should be able to serve elderly widows living on Social Security or anyone who is making a low wage. The sad truth is that in NYS, the property and school tax rates are higher than tree growth rates. The citizens of NYS benefit from having as many landowners as possible enrolled in the 480a program because high-quality trees bring the best prices for the landowner and the local governments. NYS has the best hardwoods in the world. Quality lumber is a competitive edge when competing in world markets.
I am concerned about the requirement that the “owner” provide a georeferenced shapefile to the regional forester. Software programs like ArcGIS cost between $700 and $4,200 per year. ArcGIS is a program that will convert KML files (Google Earth Files) to shapefiles. Few forest landowners or foresters have the skill set to use one of these programs. I have found out that a few free programs exist. I have no idea which one, if any, would meet your requirements. The foresters who created my 480a plans provided a map with the stands drawn on the map. The map seems adequate.
I am concerned about the requirement of a commercial crop within 30 years. The proposed changes state that planted trees must be in the ground for three years at a density of 500 stems per acre. In my area of the state, the timber crop is hardwood. We do not have a pulpwood market. It takes well over 100 years to produce a commercial crop.
I am concerned about the one-year requirement to do non-commercial thinning. Many events can happen that prevent meeting the scheduled date. Many landowners today do not live anywhere near their property. Nonforestry job conflicts, weather, and the failure of a contractor to complete on time are reasons for a schedule delay. The loss of the tax reduction is unreasonable. In my experience, the only practical time of year to do non-commercial thinning is between July and October. The trees will likely resprout when non-commercial thinning occurs outside of these months. Forestry chemicals that expand the target months require a commercial license. Hiring a reliable, qualified person who can use chemicals and chainsaws is challenging. The block of time to complete a project should start after trees are marked, and the landowner should have at least five years to complete the project.
The proposed requirement to notify the regional forester with estimates of basal area changes prior to any non-commercial thinning increases costs. The non-commercial thinning is in the Forest Management plan. Just do the plan. The landowner must notify the regional forester when the non-commercial treatment is complete. The private forester who wrote the plan knows what is going on. You don’t want the landowner to be discouraged from doing non-commercial thinning because the process is too involved.
I could see a requirement that the regional forester receive a copy of the commercial contract between the logger and the landowner. That should be sufficient to decide that the landowner, and consequentially the town, is being reasonably compensated for the sale of trees. The forestry plan contains basal area information. Don’t increase costs by duplicating a process.
The landowner should not be penalized by losing their tax reduction for dead trees due to invasive pests, invasive plants, theft, wind, or fire damage. These are problems that the landowner or the regional forester can’t control.
I propose that anyone who has their property enrolled in the 480a Tax Law be given priority for EQIP or other government-run programs that enhance good forestry. When I was involved with government-run forest programs, the trees took half a year to get marked. Landowners should not be penalized for delays due to government bureaucracy. The New York State government should provide those enrolled in the 480a program with tree tubes, stakes, tree mats, mesh tubes, legal chemicals, fencing, and trees from the state nursery or Soil and Water tree sales. The goal is to reduce the impact of deer browsing.
The town should be required to update the use code for the property to reflect the 480a status.
Stephen Kutney
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