Colorado State Forest Service

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FOREST AGRICULTURE CLASSIFICATION

PROGRAM

Policy and Guidelines

July 2018

CSFS Policy I.5: The Colorado State Forest Service (CSFS) will make the Forest Agriculture

Classification (Forest Ag) Program known to potentially qualified private landowners. The

CSFS will review plans and practices and make recommendations to county assessors for those

lands according to C.R.S. 39-1-102 (1.6) (a) (II), which defines forest agricultural land as "a

parcel of land which consists of at least forty acres, which is forest land, which is used to

produce tangible wood products that originate from the productivity of such land for the primary

purpose of obtaining a monetary profit, which is subject to a forest management plan."

Non-commercial activities also may be employed on these lands if they are part of a clear forest

management strategy to ultimately yield wood products to be sold for profit.

Landowners participating in the Forest Agricultural Classification Program should be advised

that the CSFS, as a public agency, is subject to the Colorado Open Records Act and cannot

guarantee confidentiality of their records (see Section F.1 of the CSFS policy manual).

I. DEFINITIONS – The following words and phrases are frequently used to discuss the Forest

Ag program and to implement program policy. Definitions include C.R.S. Title 39 text, shown in

italics, along with interpretation language provided by the CSFS.

"Agreement" refers to a signed document which specifies actions accepted by the

landowner and CSFS as: a) meeting Forest Ag requirements; b) being appropriate

forest management recommendations for the identified property; and c) which the

landowner intends to implement.

"Annual work plan" is a scope of work plan developed annually, approved by the

CSFS inspecting forester, which outlines specific forest management practices

planned for the upcoming year. It includes applicable practice parameters and work

specifications such as project locations, acreages, activity descriptions, timing,

product type and quantity, etc. The annual work plan should be aligned with the

management plan recommendations and implementation schedule.

"Assessor" refers to the elected assessor of a county or appointed successor.

"Forest Ag" is the abbreviated reference for the Forest Agricultural Classification

Program and is also used to refer to those lands enrolled in the program (i.e.,

“Forest Ag land”).

Forest "agricultural land" is private land that has been voluntarily enrolled in the

Forest Ag Program by the landowner, and which meets the minimum eligibility

requirements of the program. It consists of at least 40 acres, which is forest land,

which is used to produce tangible wood products that originate from the

productivity of such land for the primary purpose of obtaining a monetary profit

and is subject to a forest management plan, and which is not a farm or ranch as

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defined in subsections (3.5) and (13.5). Agricultural land includes land underlying

any residential improvement located on such agricultural land.

"Forest land" means land of which at least 10 percent is stocked by forest trees of

any size and includes land that formerly had such tree cover and that will be

naturally or artificially regenerated. Forest land includes roadside, streamside and

shelterbelt strips of timber which have a crown width of at least one hundred

twenty feet. Forest land includes unimproved roads and trails, streams, and

clearings which are less than 120 feet wide.

"Forest management plan" means an agreement which includes a plan to aid the

owner of forest land in increasing the health, vigor, and beauty of the forest land

through use of forest management practices. The agreement is spelled out in the

plan, which is executed between the owner of forest land and the CSFS or executed

between the owner of forest land and a professional forester. The plan must be

reviewed by, and have received a favorable recommendation from, the CSFS.

"Forest management practices" means practices accepted by professional

foresters which control forest establishment, composition, density and growth for

the purpose of producing forest products and associated amenities following sound

business methods and technical forestry principles.

"Forest trees" means woody plants which have a well-developed stem or stems,

which are usually more than twelve feet in height at maturity, and which have a

generally well-defined crown.

"Parcel of land" is a land unit that may include more than one adjoining legal

description, is owned by the same landowner(s) as per the legal entity recorded on

the property deed, and is managed as a single unit.

"Professional forester" means any person who has received a bachelor's or higher

degree from an accredited school of forestry.

“Stocking” is the relative degree of occupancy of land by trees, measured by basal

area or the number of trees in a stand by size or age and spacing, compared to the

basal area or number of trees required to fully utilize the growth potential of the

land; referred to as the “stocking standard” (FIA National Core Field Guide

Version 7.1 definition).

"Tangible wood products" include all forest wood products such as transplants,

Christmas trees and boughs, as well as sawlogs, posts, poles, firewood, biomass

products and non-traditional wood products.

"Ten percent stocked" means that each acre has a minimum of ten percent of the

optimum number of trees for the site, age, species, size and product being

produced.

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II. DETERMINING INITIAL ELIGIBILITY

The CSFS will first confirm that the land itself meets the Forest Ag requirements (refer to

Eligibility checklist, CSFS form 336). Second, the CSFS will assess if the landowner’s

goals align with the Forest Ag Program. If so, a forest management plan is written, and

submitted to the CSFS for approval.

1. Eligible Land

A. Eligible forest land consists of at least 40.0 acres of forest land (C.R.S.

39-1-102). Affirm total property acres on the assessor’s website or from a

copy of the property deed. The 40 acres must be actively managed

Eligible land can include:

1. “Land underlying any residential improvement located on such

land” (C.R.S. 39-1-102).

2. Multiple, contiguous parcels owned by the same legal entity that

share a common boundary, or corner.

3. Non-forest land less than 120 feet in width. Examples include, but

are not limited to, a meadow, bog, pond or road.

4. Land that previously had trees and will be naturally or artificially

regenerated to a forested state.

B. Legal access is required to the property, and removal of wood products

must be permissible and allowed. Situations that affect or limit access may

include:

1. Covenants that restrict tree cutting

2. Lack of easement or type of easement

3. Road and bridge weight limits or classification

4. Road impact fees

5. National, state and local laws, etc.

2. Initial Landowner Eligibility – To be eligible, new landowners must:

A. Have identified a forest product(s), traditional or non-traditional, to sell

that is/are silviculturally sound and can be supported by a forest

management plan.

B. Have a forest management plan prepared by a professional forester and

approved by the CSFS (C.R.S. 39-1-102) that incorporates the landowner’s

goals, objectives, desired future conditions of the land and a strategy to

obtain a monetary profit from wood products.

C. Have signed the management plan acceptance statement.

III. FOREST MANAGEMENT PLAN APPROVAL PROCESS

The importance of the management plan review cannot be over-emphasized. The CSFS

reviewer also should visit and become familiar with the property. Steps and details of the

plan approval process include:

1. The landowner submits a completed forest management plan for CSFS review and

approval, and includes a completed Forest Agriculture Inspection Request form

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(CSFS 840, Part A and D) and the appropriate inspection fee to the local CSFS

district office by October 1, to be considered for the following tax year.

2. The CSFS Area Manager or their designated representative will review each

complete forest management plan and annual work plan to determine compliance

with both the CSFS management plan outline and C.R.S. 39-1-102 (1.6) (a) (II)

intent.

The Area Manager will ensure that when a forest management plan has been

prepared for a landowner, a CSFS forester will review that management plan,

verify landowner compliance and document plan deficiencies.

3. Forest management plans may be submitted to CSFS district offices throughout the

year within the following limits:

A. Plans received by October 1 can be considered for inclusion in the Forest

Ag program for the following tax year.

B. Plans received after October 1 will not be considered for the following tax

year.

4. The initial CSFS plan review is provided at no charge.

5. During the plan review process, determine whether the landowner has chosen to

manage less than the total operable forest land acreage. If so, limited acreage

enrollment will be reported to the county assessor according to Section IV. 3. D of

this document.

6. The landowner must be notified of the District Forester’s determination within 45

calendar days of the plan receipt date. If applicable, such notification will include

specification of all plan deficiencies and needed improvements. The management

plan preparer will be copied.

7. Plans initially not accepted may be revised more than once; however, the final

revision must be received by January 15 to be considered for the current year’s

Forest Ag program.

A. If the revised plan meets the guidelines, the property will be recommended

and included in the assessor letter, due March 1.

B. If the revised plan does not meet the guidelines, the property will not be

recommended and must wait for consideration the following year.

C. Plans that require subsequent reviews beyond the initial review will be

charged the CSFS hourly rate service fee. The plan preparer receives the

CSFS generated invoice for the additional review.

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IV. CONTINUED PARTICIPATION IN FOREST AG PROGRAM

1. Landowners currently in the Forest Ag program who wish to continue

program participation must, on an annual basis:

A. Submit a completed Forest Agriculture Inspection Request form (CSFS

form 840, Parts A and D), the appropriate fee and any revisions to the

forest management plan that need approval by October 1 to be considered

for Forest Ag Classification the following tax year.

B. Submit a completed Accomplishment Record for the calendar year, using

CSFS form 840, Part B, with supporting documentation/maps by the

inspection date. (Note that the CSFS cannot require GIS shapefiles from a

landowner.)

C. Complete and submit the next year's annual work plan (CSFS form 840,

Part C) by the inspection date.

D. Continue to manage forest land according to an approved forest

management plan consistent with the implementation schedule in the

management plan.

E. Complete the Forest Agriculture Management Summary and Inspection

Request, using CSFS form 840. The inspecting forester may obtain

missing form information during the inspection if the landowner is present.

F. Maintain business records, such as contracts, sales records, and expense

receipts that are available for CSFS review.

2. CSFS Property Inspection and Follow-through

The Forest Ag Inspection Report form may be used by the inspecting forester to

document the property inspection. The Forest Ag Tax Classification Program

Checklist (CSFS form 336) is also a tool for the inspector.

A. Difference between an inspecting forester and assisting forester

1. The inspecting forester must be a CSFS employee who determines

on an annual basis if a landowner is following their annual work

plan and forest management plan. Based on the findings, the

property is either recommended or not recommended for the Forest

Ag tax classification.

2. The assisting forester can be a CSFS employee, consulting forester

or industry forester that has an agreement with the landowner to

assist in the management plan implementation. The landowner may

or may not choose to have an assisting forester.

B. The inspecting CSFS forester and landowner will arrange an inspection of

the property and implemented practices. If the landowner is working with a

consulting or industry forester, the inspection may be scheduled through

that forester. The landowner and their forester are encouraged to

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accompany the CSFS inspecting forester, but their presence is not required.

C. In preparation for the inspection, the CSFS inspecting forester should

review the results of the previous year’s inspection to ensure any actions

required by the CSFS have been addressed satisfactorily.

D. The inspecting CSFS forester will review the paperwork submitted by the

landowner to ensure that all the pertinent information is provided, and if

not, that it can be obtained. The forester will compare the accomplishment

report to the annual work plan submitted the previous year to assure there

is consistency with the management plan and implementation schedule.

E. The inspecting forester will verify that the activities on the

accomplishment report have been accurately reported. This includes

verifying silvicultural prescriptions, acreages and locations.

F. The inspecting CSFS forester will review the upcoming year’s annual

work plan (CSFS Form 840, Part C) and sign the document if approved.

New activities to be accomplished during the upcoming year may be

previewed.

G. The CSFS encourages landowners to be actively involved in forest

management activities and wood marketing; however, certain technical

tasks, such as a forest inventory, should involve a forester.

H. The property inspection documentation should include, but is not limited

to, the following elements:

1. Date property was inspected, and who was present.

2. Summary of what transpired during the inspection.

3. Any corrections/updates to the accomplishment report.

4. Any corrections/updates to the annual work plan based on

management plan recommendations.

5. Expectations for the next year, detailing how to maintain

compliance with the plan.

6. The decision on whether the property will be recommended or not

recommended for Forest Ag tax classification, describing why.

7. An enclosed/attached receipt for the Forest Ag fee, or payment

information included in the document.

8. A signed copy of the annual work plan enclosed or attached (with

landowner and forester signatures).

9. Upon the landowner’s request, a copy of the CSFS inspection report

can be provided to a consulting forester.

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I. When assessing a landowner’s compliance:

1. Determine and document why a particular activity did not occur.

2. Determine how much effort is being made by the landowner.

3. Is the project timeline reasonable?

4. Do the prescriptions or recommendations in the plan or the

implementation schedule need to be revised?

5. Can you justify their forestry program as a legitimate agricultural

land-use?

3. CSFS Field Office Recommendation to Assessor

A. The local CSFS Area Manager or their designated representative will, by

March 1 of each year, provide the local county assessor a written list of

eligible/recommended landowners/properties for that tax year. It will

include both new and continuing enrollees that have successfully met all

program requirements.

Landowner name, address, legal property description and parcel

identification will be provided for all landowners on the list. Refer to

section 3.D. below for directions about reporting forested acres.

Advise the assessor of any property recommended that has had an

ownership name change because the property sold or was inherited.

B. Also, by March 1 of each year, the CSFS Area Manager or designated

representative will provide the local county assessor a written list of

landowners/properties not recommended. These properties can be listed

in the same letter as recommended properties, and will include the name,

address, legal property description and parcel identification for landowners

who:

1. Were enrolled in the Forest Ag program the previous year and

applied for continued participation but who were not recommended

due to unsatisfactory annual work plan performance or eligibility

issues.

2. Were enrolled in the Forest Ag program the previous year but did not

request re-inspection or failed to submit the inspection request and

inspection fee by the October 1 application deadline.

C. Some assessor’s offices have requested that the participants’ information

be limited to the landowner’s name and parcel identification information.

According to the state property tax administrator, this abbreviated format is

acceptable, if requested by the local assessor’s office.

D. The CSFS will report forested acreage to the county assessor only in those

cases when the landowner has chosen to manage less than the total

operable forest land acreage. In such cases the CSFS will attach

notification to the recommended list that includes the statement

"Landowner name has chosen to manage only _#_acres of their total #

forest land acres."

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E. When CSFS-held landowner documents are requested by the county

assessor, or by any other individual, the documents may be requested under

a Colorado Open Records Act (CORA) request. If the request is approved

by CSU legal counsel, then the CSFS must make the records available

within three business days. Each request is handled on a case by case basis.

Historically, some requests have been fulfilled, while others have not.

4. Internal CSFS Reporting/Records

A. The CSFS Area Manager or their designated representative will send a

copy of the recommended and not recommended lists for each county to

the State Forest Ag Program Manager by April 1.

B. Additionally by April 1, the Area Manager or designated representative

will send to the State Forest Ag Program Manager, for each recommended

property and organized by county: the landowner’s name, parcel ID #,

forested acres and total acres. Note any changes to parcel ID #s.

C. The CSFS Area Manager or designated representative will maintain a case

file for each landowner who submits a forest management plan for Forest

Agriculture Classification. Case files will be maintained indefinitely

(Retention Record Guidance, Updated August 2013). Reasonable efforts

will be made by the CSFS, to the extent authorized by law, to maintain the

confidentiality of case files.

5. Inspection Fee

A. The inspection fee is determined by the CSFS, and should compensate the

district for the basic activities associated with a property inspection. The

fee formula is stated on the inspection request form and in CSFS pricing

policy.

B. The inspection is defined as: All actions taken by CSFS field office

personnel related to communication, preparation, documentation and

administration of an individual landowner’s participation in the Forest

Agriculture Classification Program. This definition includes, but is not

limited to, referencing the management plan, reviewing annual forms for

completion, scheduling and conducting on-site field visits, confirming and

documenting accomplishments, providing appropriate documentation to

the county assessor, landowner, etc.

C. In situations where a Forest Ag property spans more than one CSFS field

office, the landowner will be informed to submit their annual inspection

request, fee and forms to the mutually agreed upon CSFS field office. The

inspecting forester will then coordinate the annual inspection with the

adjacent field office, with each field office being responsible for

recommendations and communications with the appropriate county

assessor.

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V. MANAGEMENT PLAN UPDATES/REVISIONS

At a minimum, the management plan implementation schedule will need to be updated after 10

years, but in reality, minor modifications and changes to the order of activities often become

necessary well before the 10-year anniversary. The required 10-year review of a management plan

approved in the fall of 2017 should be scheduled for re-approval in the fall of 2027. The revised

implementation schedule begins with year 2028. The plan elements that may need to be revised

are found in the Colorado Forest Agriculture Program Management Plan Guidelines.

VI. ADDRESSING SUBSTANDARD PERFORMANCE

1. With landowner input, determine the reason(s) for non-compliance and how the

landowner can meet the challenge(s). Request that the landowner and their assisting

forester incorporate action items into the annual work plan for the following year.

2. Oral communication should be followed by written communication to ensure that

the landowner, assisting forester and inspecting forester all are on the same page.

The importance of good communication skills and detailed documentation during

each inspection cannot be stressed enough when it is time to not recommend a

property.

3. If any work is completed as requested, praise can go a long way, so make a point of

letting the landowner know their effort is appreciated.

4. If the action items developed with the landowner do not produce the desired results,

determine the answers to the following questions: Is the landowner putting

sufficient time/effort into rectifying the shortfalls? Are there other ways to resolve

the inconsistency between accomplishments and the forest management plan?

5. For a landowner engaged with limited results: A landowner that is trying different

approaches in terms of products and marketing should be allowed to remain in the

program particularly if there is some form of management being accomplished

while developing a new market or researching a different product. “Engaged”

means the landowner is treating their forest endeavors as a business, and not as a

last-minute effort two weeks prior to the next inspection.

6. If a CSFS field office determines that the Forest Ag status is in jeopardy, all actions

required to remain in the program need to be stated in writing, along with the

consequence for not completing the actions being a “no” recommendation to the

county assessor. Do not state any consequences that will not be enforced. When

possible, the presence of the Area Manager at the inspection adds a witness to the

conversation that can be helpful when determining what actions need to be taken to

remain in the program.

7. For a landowner that requests an inspection even though the terms stated in Section

VI.6. (above) were not met, the inspection report will state the date of the

inspection, who was present, the activities that were not accomplished satisfactorily

as outlined in the prior year inspection report, and that, therefore, the property will

not be recommended. The property can be reconsidered for the program when the

management plan is followed. A courtesy copy of the letter should be provided to

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the State Forest Ag Program Manager.

8. For a “not recommended” property, or for a landowner that did not request re-

inspection but wishes to resume participation in the program, the landowner needs

to assure compliance with their management plan and submit an Inspection Request

form with the appropriate fee by the next October 1 deadline.

VII. FOREST AG PROGRAM MANAGEMENT

The role of the State Forest Ag Program Manager is to provide a basic and consistent

framework for the program implementers and participants in CSFS field offices. The role of

the field offices is to uphold the integrity of the program and provide technical support as

management plan preparers, management plan reviewers, assisting foresters and inspecting

foresters, which leads to successful participants.

1. Policy Establishment Process

The CSFS Forest Ag Program policy and guidelines were established through

C.R.S. 39-1-102 evaluation and interpretation. The CSFS administers the program

according to the Colorado statute and its policy interpretation. If and when new

interpretation is established in the court system, the CSFS will adjust its policy and

program administration accordingly.

2. Annual Program Cycle

A. The State Program Manager should make field offices aware of pending

program changes for the given year by March 1.

B. Changes that can impact Forest Ag participants and consultants should be

in place no later than June 1 and be shared with all impacted.

C. The courtesy landowner reminder letter and CSFS Form 840, provided by

the State Program Manager to districts, should be available no later than

August 1.

D. The State Program Manager will assist the field as requested in unusual or

unique circumstances.

3. Training

With input from the CSFS field offices and consultants, the State Program Manager

will provide or arrange for Forest Ag-related learning opportunities.

4. Program Review

A program analysis will be conducted every three years. The CSFS Forest Planning

and Implementation Division will initiate the analysis and input will be gathered

from program implementers. If a program review is recommended, the review will

begin no later than the year following the analysis. The review leader should know

the Forest Ag Program well, but not have a direct link to the management of the

program.

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5. Future fee adjustments

A. Should be based on individual inspection costs (hours spent) tracked by

several districts, and

B. Should follow the C.R.S.: The CSFS shall charge a fee for the inspection

of each parcel of land in such amount for the reasonable costs incurred by

the CSFS in conducting such inspections. Such fee shall be paid by the

owner of such land prior to such inspection.