Access to State Timberlands for Commercial Activities Commercial Activities Shawn Hagan The Forestland Group LLC

Legal Access Legal Long-Term Access to State Timberlands typically come in one of two ways. Legal Long-Term Access to State Timberlands typically come in one of two ways. Fee simple ownership adjacent to a public road. Fee simple ownership adjacent to a public road. Legal Easement benefitting the State to cross adjoining property for a specific purpose (restricted easement) or general purposes (which may benefit the general public as well). Legal Easement benefitting the State to cross adjoining property for a specific purpose (restricted easement) or general purposes (which may benefit the general public as well).

Legal Access Legal Access to State Timberlands can also be obtained through. Legal Access to State Timberlands can also be obtained through. Memorandums of Understanding - which provide an agreement between parties, but are typically finite in nature with “out” clauses for either party. These may be general or specific to legal descriptions. Memorandums of Understanding - which provide an agreement between parties, but are typically finite in nature with “out” clauses for either party. These may be general or specific to legal descriptions. Use Agreements or Right of Way Licenses - commonly used in specific locations for short-term situations. Use Agreements or Right of Way Licenses - commonly used in specific locations for short-term situations. Verbal permission (Yooper Easements). Verbal permission (Yooper Easements).

So what does the DNR do when they don’t have Legal Access? In the recent past, “Access” was not a line item addressed in the decision making process. It has not a focal point during the Compartment Review or a significant determining factor in moving forward with a sale. In the recent past, “Access” was not a line item addressed in the decision making process. It has not a focal point during the Compartment Review or a significant determining factor in moving forward with a sale. Factor Limited parcels. Factor Limited parcels.

Flow Chart of Planning and Operations

So what does the DNR do when they don’t have Legal Access? If the decision is made to move forward with a timber harvest, foresters and technicians then begin the sale prep process. If the decision is made to move forward with a timber harvest, foresters and technicians then begin the sale prep process. When it comes to access, there is no consistency in obtaining permission. If “ACCESS” is not secured and they proceed, are they not “TRESPASSING”? When it comes to access, there is no consistency in obtaining permission. If “ACCESS” is not secured and they proceed, are they not “TRESPASSING”?

So what does the DNR do when they don’t have Legal Access? In the case of crossing “non-industrial” private lands, it’s the foresters call to ask for permission to cross during the set up process. In the case of crossing “non-industrial” private lands, it’s the foresters call to ask for permission to cross during the set up process.

In the case of CF lands, the department is “assuming” permission through “notification”. In the case of CF lands, the department is “assuming” permission through “notification”. The department more recently has made it somewhat more clear to bidders in the prospectus when private property “may” be crossed. The department more recently has made it somewhat more clear to bidders in the prospectus when private property “may” be crossed. Burden still remains on the bidder and adjacent landowner to “work out” access. Burden still remains on the bidder and adjacent landowner to “work out” access. So what does the DNR do when they don’t have Legal Access?

Issues adjacent landowners face with the current policy. Who’s liable if there is an accident on the landowners property during the sale preparation process. (what if subcontractors are used)? Who’s liable if there is an accident on the landowners property during the sale preparation process. (what if subcontractors are used)? What about road maintenance? What about road maintenance? What if there are issues that need to be addressed with the access road (culvert replaced, re-decking a bridge, spot rocking a stretch of road). What if there are issues that need to be addressed with the access road (culvert replaced, re-decking a bridge, spot rocking a stretch of road).

Today, DNR requires adjacent CF landowners that want to be notified of department activities, submit a request in writing and shapefile of their ownership. Today, DNR requires adjacent CF landowners that want to be notified of department activities, submit a request in writing and shapefile of their ownership. Issues adjacent landowners face with the current policy.

Damaged Pipe Piped crushed when pushing snow off road during winter operations.

Issues adjacent landowners face with the current policy. What if a road system doesn’t exist? What if a road system doesn’t exist? Timing of granting permission. There is in most cases 18 months between the time a decision is made to go ahead with a timber sale until the time it is awarded. Timing of granting permission. There is in most cases 18 months between the time a decision is made to go ahead with a timber sale until the time it is awarded. When a logger purchases a timber sale, many still assume access has been secured, “they often times don’t read the fine print”. When a logger purchases a timber sale, many still assume access has been secured, “they often times don’t read the fine print”.

Considerations that fall short with the current policy. Why should the state forgo the opportunity to secure the access, and have a level bidding field? Why should the state forgo the opportunity to secure the access, and have a level bidding field? Why should the state use the excuse, some landowners “don’t trust” the DNR. Why should the state use the excuse, some landowners “don’t trust” the DNR. The notion that, “It’s the way we’ve always done this.” The notion that, “It’s the way we’ve always done this.”

Final thoughts… Parcelization and the percentage of “non- industrial” ownership will continue to increase in the U.P., further challenging management of our resources. Parcelization and the percentage of “non- industrial” ownership will continue to increase in the U.P., further challenging management of our resources. The department needs to be a better communicator. Explain what they are doing, not only at compartment reviews, but also with their neighbors… The department needs to be a better communicator. Explain what they are doing, not only at compartment reviews, but also with their neighbors…

and finally, when it comes to ACCESS, “ASK FOR PERMISSION” Thank you.