N.Y. Comp. Codes R. & Regs. tit. 6 § 199.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 199.6 - General management plan provisions

(a) Each approved management plan shall contain the following:

(1) application number provided by the department;

(2) identification of the owner and the tract;

(3) a narrative listing of the merchantable forest crops to be continually produced upon the eligible tract as a result of the implementation of the approved management plan;

(4) a narrative listing of endangered and threatened species known to exist on the eligible tract;

(5) a type map drawn neatly in ink which shall include the following:

(i) boundaries of eligible forest land drawn at a scale acceptable to the department; ineligible land or lands not to be included under this Part must be clearly identified on the map and acreage(s) individually indicated;

(ii) stands or forest management areas within eligible tract delineated as to number and acreage;

(iii) physical features such as buildings, roads, streams and power lines identified;

(iv) north arrow;

(v) name, address and title of person who prepared the map and the date prepared;

(vi) name and address of owner of the tract; and

(vii) application number provided by the department;

(6) a listing of the stands, or forest management areas, that comprise all of the forest land to be committed pursuant to the management plan. The listing shall include the following information for each stand or forest management area:

(i) stand or forest management area number;

(ii) stand type or forest management area types;

(iii) diameter class or classes;

(iv) site class;

(v) acreage estimated to the nearest whole acre;

(vi) species composition expressed as a percentage;

(vii) basal area;

(viii) identification of every area more than an acre in size that is not eligible;

If the listing is by forest management area, the management plan shall also identify stand numbers and estimated stand acreages for each stand within each forest management area;

(7) a work schedule for each of the next 15 years, which shall contain all commercial and noncommercial cuttings, road construction and other treatments needed for continued certification. The approved management plan shall prescribe noncommercial treatments necessary to attain the production of the selected merchantable forest crops specified in paragraph (3) of this subdivision. Such noncommercial treatments shall be accomplished at not less than the greater of the following rates:

(i) 10 acres per year; or

(ii) five percent of the total acreage in the certified tract needing treatment;

stands which demonstrate a productive capacity of less than 50 cubic feet per acre per year may be exempted from the noncommercial treatment requirement where the selected merchantable forest crops specified in paragraph (3) of this subdivision do not economically justify such treatment;

(8) a description of compatible or supportive uses that are desired by the owner;

(9) a description of any cuttings or removals of merchantable forest crops during the past three years, including the date, location and cutting prescription of such cuttings or removals; lands from which a merchantable forest crop has been cut or removed within three years prior to the time of application will be ineligible for certification unless such cutting or removal was accomplished under a forest management program designed to provide for the continuing production of merchantable forest crops; and

(10) the signature and typed or printed name of the forester who prepared or supervised the preparation of the management plan and the date prepared, together with certification by the forester that all land shown as eligible land on the type map is forest land as defined in section 199.1 of this Part.

(b) In addition to the information required by subdivision (a) of this section, the following information shall be provided at least 30 days prior to any commercial harvest cutting or noncommercial cutting. No commercial harvest cutting or noncommercial cutting may be commenced before approval of the department within 30 days of receipt of such information in a manner acceptable to the department:

(1) management system or systems on the portion of the tract to be cut;

(2) identification of the stands or forest management area(s) to be cut and approximate acreage to be cut within the stands or forest management area(s); cutting prescription with approximate average basal areas before and after the cut; merchantable forest crop or crops to be cut and volume by species; specifications to accommodate endangered or threatened species, if any;

(3) description of necessary road layout and erosion control and sediment control measures;

(4) description of noncommercial work, if any, to be undertaken on the area to be cut; and

(5) the name and address of the person under whose supervision the harvest will be conducted.

(c) The owner shall have the right to select management systems and cutting prescriptions, provided they are consistent with the approved management plan and designed to assure the continuing production of merchantable forest crops identified in the approved management plan. Noncommercial cuttings scheduled for an eligible tract must be completed during the year in which they are scheduled.

(d) Grazing by domestic animals is prohibited on all eligible tracts.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 199.6