Current through Register Vol. XLI, No. 50, December 13, 2024
Section 22-5-2 - Definitions2.1. "Approved Forest Stewardship Plan" is a written document that is no more than 10 years old, prepared by a West Virginia Registered Professional Forester who is also a West Virginia Division of Forestry certified Stewardship plan writer. The Forest Stewardship Plan and any subsequent revisions will be in accordance with the current revision of the West Virginia Forest Stewardship Operating Plan of the West Virginia Division of Forestry and the Conservation Easement terms. The Forest Stewardship Plan and any subsequent revisions shall be approved by the State Forester, and maintained on file at the headquarters office of the West Virginia Division of Forestry.2.2. "Assessment of Need (AON)" is the formal assessment developed by the West Virginia Division of Forestry (WVDOF) to document: (1) the need for the Forest Legacy Program in West Virginia; (2) to identify and delineate the boundaries of forest areas meeting the overall eligibility requirements for designation as Forest Legacy Areas; (3) to recommend those areas to the US Forest Service/US Secretary of Agriculture for inclusion in the Forest Legacy Program; (4) to provide instruction to the US Forest Service and WVDOF on how to protect properties; and (5) is hereby incorporated by reference. The original June 30, 2003 AON was approved by US Department of Agriculture (USDA) and distributed by WVDOF on December 2, 2003.2.3. "Assessment of Need Amendment" is a document produced by the WVDOF to amend the AON in some fashion.2.4. "Baseline Documentation Report (BDR)" is a report that includes results of a natural resources inventory of the protected property; US Geological Survey 7.5' quadrangle map with Protected Property boundaries and other contiguous or nearby protected areas; map drawn to scale depicting manmade improvements, flora and fauna, land use history, and distinct natural features; and a most recent aerial photograph (to scale). The Baseline Documentary Report shall be supplemented by additional descriptive detail and onsite photographs. Said Baseline Documentary Report documents the condition of the property at the time of closing and shall meet the requirements of Title 26 CFR §1.170 A- 14(g)(5)(i). This document shall be prepared, updated, and kept on file by WVDOF.2.5. "Conservation" is the professional management of forest, soil, and water that produces goods and services for society. Prohibition or extinguishment of timber harvesting or forest management, in whole or in part, shall not constitute conservation.2.6. "Cost Sharing" is the proportionate amount of non-federal funding that accompanies federal Forest Legacy Program funding. The federal Forest Legacy Program share is always cash. To meet the non-federal share, WVDOF may use cash or donations in the interests in land or fee parcels, in accordance with US Forest Service Requirements. Conservation Easements funded without any federal Forest Legacy Program Funding are only subject to cost sharing requirements of the funding source.2.7. "Forestland" is real estate inhabited by trees and other woody plants capable of producing timber, other wood products and commonly associated organisms.2.8. "Forest Legacy Area (FLA)" is a portion of the state delineated, described, mapped and listed in the AON as suitable for Forest Legacy Projects.2.9. "The Forest Legacy Program (FLP)" is a cooperative program between the United States Forest Service (USFS) of the United States Department of Agriculture and the WVDOF of the West Virginia Department of Commerce that identifies and protects significant forestland threatened by conversion to non-forest uses. WVDOF is provided the opportunity but not the obligation to protect such forestland through WVDOF approved fee acquisitions or Working Forest Conservation Easements. 2.10. "FLP Forester" is the Forest Legacy Program Forester of the West Virginia Division of Forestry.2.11. "Forest Legacy Program Project (FLPP)" is a federally funded, non-federally funded, or donated tract that has received prior approval by the FSCC and WVDOF in accordance with sections § 22-5-3, § 22-5-4, and § 22-5-5 of this rule.2.12. "Forms" are data sheets provided by the WVDOF on which relevant information has to be submitted for consideration under the FLP.2.13. "Grantee" is defined as the entity receiving title to the rights named in a conservation easement or fee purchase for forestland; in the case of the FLP, the Grantee is the WVDOF.2.14. "Grantor" is a landowner conveying forestland in fee or as a working forest conservation easement to the Grantee.2.15. "Interest In Land" is a legal ownership or right in property that is less than a full title.2.16. "Forest Stewardship Coordinating Committee" (FSCC) is the committee, appointed by the State Forester, to coordinate forest stewardship planning and other forest-based activities as prescribed in the Cooperative Forest Assistance Act of 1978 as amended.2.17. "State Attorney General" is the elected Attorney General of the State of West Virginia or his designee.2.18. "State Forester" is the Director/State Forester of the West Virginia Division of Forestry.2.19. "Threat" is the degree of probability that forestland is in danger of being converted to non-forest uses or subdivided into smaller tracts.2.20. "Traditional Forest Uses" are actions historically associated with forest lands; i.e., timber production and harvest, wildlife production, forest-based recreation, such as hunting, fishing and hiking and historically specialized aesthetics.2.21. "Working Forest Conservation Easement (WFCE)" is a conservation easement that provides the opportunity for: (1) for professional forestry to be practiced; (2) forest management to occur with pre-commercial as well as commercially feasible silvicultural practices; (3) for timber harvesting to occur; and (4) for conservation as defined in subsection 22CSR5-2.5 of this rule, to occur. Development and further subdivision of the protected property, not counting excluded areas shall be prohibited. All management activities on the protected property shall be in compliance with an Approved Forest Stewardship Plan.