Can
the way the forest is managed, and what it is used for, change
after it's entered in the Forest Legacy Program?
Yes. As long as the new use is compatible with the long-term
sustainability of the forest, the forest stewardship plan
can be amended. |
Can
I build a house, or make other improvements within the easement
area?
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. |
Will
a conservation easement keep my property from being taken
for a road or utility project?
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. |
Can
I change my mind and take a parcel out of the program after
I've sold the development rights?
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. |
| Does
participation in the Forest Legacy Program have any effect
on other landholdings I have outside the conservation easement
area? |
Where
does the money come from to buy these conservation easements?
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. |
What
are the benefits of the Legacy Program?
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.
To the Community-
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.
Allows future generations to enjoy the social and economic
benefits of living and working in areas with a vital forest
component. |
|
What are the disadvantages of the Forest Legacy Program?
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.
To the Community:
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.
|
| Who decided where the Forest Legacy Areas are located?The Wisconsin State Forest Stewardship Coordinating Committee. This is a broad-based committee of about 50 members who are appointed by the State Forester. |
What
factors were considered in choosing Forest Legacy Areas?
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. |
Do
I have to let the public use the easement area of my property
for recreation?
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, depending on the local situation. |
Will
participation in this program make my property more likely
to be targeted for acquisition by the state or federal government
for public land?
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. |
| How
much will Forest Legacy pay for development rights?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. |
| Can Forest Legacy conservation easement areas be placed in the Wisconsin Managed Forest Law?Yes. |
What can I do and not do within an easement area?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. |