Access to State Timberlands for Commercial Activities

Shawn HaganThe Forestland Group LLC

Legal Access Legal Long-Term Access to State

Timberlands typically come in one of two ways.

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 Access

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.

Use Agreements or Right of Way Licenses - commonly used in specific locations for short-term situations.

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.

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.

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 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.

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)?

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).

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? 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”.

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 use the excuse, some landowners “don’t trust” the DNR.

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.

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.