Forest Legacy: Frequently Asked Questions

Voluntary participation in the Wisconsin Forest Legacy Program begins with determining if the property falls within the designated Forest Legacy Area (link to FLA page). If so, interested landowners should fill out the application (link to How to apply page) as thoroughly as possible.

Owners of forestland properties within the designated Forest Legacy Area will be eligible to apply. Only landowners that are interested in permanently selling their development rights and accept that future use and value of their property will be impacted should apply. Priority will be given to properties that provide environmental benefits and forest resources.

According to the Assessment of Need, the State prefers to purchase a conservation easement on Forest Legacy properties. However, in special circumstances and with approval from the Forest Stewardship Committee, fee simple purchases may be considered with Forest Legacy funds.

A conservation easement is a legal document that restricts development rights. A landowner chooses to convey a conservation easement in order to keep the property protected as open space and/or working forest. A conservation easement is a set of property rights and covenants that restricts the use of the property to provide a natural resource conservation benefit and provides for monitoring and enforcement of those covenants by a third-party, usually a land trust or government agency.

No. You will have sold a partial ownership of the property for a cash payment. You may sell or dispose of the remaining rights but the state will continue to hold a permanent easement on the property. Remember the goal of the program is to keep forests as forests; flexibility on this point defeats the purpose.

The Wisconsin DNR in cooperation with the FLP Sub-Committee, a sub-committee of the State Forest Stewardship Coordinating Committee (Link to FSC page).

The focus is on the ecological values and opportunities for economic uses found in large contiguous forest blocks. Forest Legacy Areas need to be environmentally important and viewed as threatened.

The US Forest Service requires an Assessment of Need (AON) report by the Wisconsin DNR that describes the need for Forest Legacy, eligibility criteria, and approved Forest Legacy Areas. The AON is the primary program implementation document for the State.

Typical application cycle for Wisconsin:

• January: Call for Projects
• April 15: Application Due
• April 15-May: Applications reviewed by Forest Legacy Sub-Committee.
• May-August: Forest Legacy Sub-Committee visits, scores, and ranks the potential projects. Sub-committee gives their recommendations to the Forest Stewardship Committee and the committee votes on projects to advance.

Under most easements acceptable uses include timber harvesting, firewood cutting, gathering (fruits, roots herbs and mushrooms), hunting, other outdoor recreation (including non-permanent campsites), and production of non-timber forest produces (maple syrup, vines, etc.) Under most easements unacceptable activities include all buildings, fencing (except on the perimeter), grazing, mining or quarrying that requires surface disturbance, trash or refuse disposal.

Yes. As long as the new use is compatible with the long-term sustainability of the forest, the forest stewardship plan can be amended.

Yes.

No.

No. You still control access to your property. The only required access is for monitoring by the Division of Forestry. However, if you choose to make your property available for public recreation as part of the easement, its priority for participation in the program may increase. Remember that some types of funding require or prefer public access.

No. Any part of the property that you may want to use for improvements should be excluded from the easement area at the time the parcel enters the program.

No. The property is still subject to eminent domain, just as it is now. It is possible that project planners may make more effort to avoid a "conservation property" but that is not guaranteed.

No. You will, however, still be able to offer the remaining rights to your property for fee simple purchase as public or private land if you choose. Attempts to acquire it as public land for conservation purposes may actually be less likely because it is already serving conservation purposes.

Up to 75% of the money comes from the United States Department of Agriculture as part of the Farm Bill. The other 25% must come from non-federal sources, either as cash or in-kind contributions.

To the landowner:

• You receive payment for the development rights without having to give up ownership of the property.
• You can protect your forest from being converted to some other use.
• You can continue many of the uses of and gain income from the property.
• You can assure a permanent green space within your community.
• Most participants will receive some reduction in state, local or federal taxes.

• Permanent greenspace is provided in the community without totally removing land from the tax base.
• Forest Legacy properties can continue to provide outdoor recreation opportunities and forest products.
• Identifying these areas can help area planners determine community growth patterns and future infrastructure and service needs.

To the landowner:

• Permanent commitment to one type of land use for current and future owners.
• May reduce the potential future selling price of the parcel.

• The loss of flexibility in future land use planning decisions may be considered a disadvantage.
• The transfer of development rights to the state may cause a slight decrease in the property tax base, depending on local assessment. This decrease is most likely offset by lack of demand for services from undeveloped property.

The focus is on the ecological values and opportunities for economic uses found in large contiguous forest blocks. Areas also need to be environmentally important and viewed as threatened.

The rights to be purchased on each easement will be appraised to determine fair market value. In no circumstances can the program pay more than the appraised value of the rights to be purchased. The landowner can choose to donate the rights or sell them at a bargain price, which provides tax benefits. Development rights may also make up a large portion of the total value of a property in areas with high development pressures but a much lesser part of total value in areas with less development pressure.