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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter : Chapter 254 State Forestry Law
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This law shall be known and may be cited as "The State Forestry
Law". (L. 1945 p. 672 § 2)
CROSS REFERENCE: Encouragement of forestry and prevention of fires,
Const. Art. IV § 36
As used in this chapter, the following words mean:
(1) "Best management practices", forest management practices, as defined
by the commission in consultation with the clean water commission, that
ensure protection of water quality;
(2) "Commission", the conservation commission of Missouri being
responsible for the control, management, restoration, conservation, and
regulation of the bird, fish, game, forestry, and all wildlife resources
of the state is* therefore vested the responsibilities for the
administration of this chapter in conformance with sections 40 to 46 of
article IV of the Constitution of Missouri; and the words "rules and
regulations" shall mean those made by the commission pursuant thereto;
(3) "Conservation commission fund", only the moneys arising from the
additional sales and use taxes provided for in section 43(a) of article
IV of the Constitution of Missouri;
(4) "Forest croplands", those lands devoted exclusively to growing wood
and timber, except for such other uses as shall be approved by the
commission by regulations and which are tendered to the commission by any
person and accepted and classified by the commission as such; and the
commission shall prescribe the terms and conditions of such tender,
acceptance and classification;
(5) "Person", any individual, male or female, singular or plural, of
whatever age. The term person shall include and refer to any owner,
grantee, lessee, licensee, permittee, firm, association, copartnership,
corporation, municipality or county, as the context may require;
(6) "Precommercial forestry activities", proper forest management
activities, as defined by the commission, that do not generate an
immediate profit for the landowner;
(7) "State forester", the administrative head of the state forestry
program;
(8) "Sustainable forestry principles", forest management activities, as
defined by the commission, that ensure efficient use and continued
availability of forest resources. (L. 1945 p. 672 § 3, A.L. 1974 H.B.
1210, A.L. 1981 H.B. 308, A.L. 2002 H.B. 1348)
*Word "are" appears in original rolls.
The commission may create such forest districts as it may deem
to be appropriate, having due regard for the character and extent of the
timber stands, similarity of forest problems, convenience of
administration and other pertinent factors. The commission may employ a
state forester and such other employees as it deems necessary. (L. 1945
p. 672 § 4, A.L. 1974 H.B. 1210)
1. Any person desiring to have lands designated as forest
croplands shall submit an application to the state forester on forms
provided by the commission. The state forester shall make or cause to be
made an examination of the lands covered by such application and shall
forward a copy of such application, together with his or her
recommendations, to the commission. If the commission approves and
classifies such lands as forest croplands, they shall be subject to the
provisions of this chapter and rules and regulations promulgated pursuant
to this chapter.
2. If the commission refuses to accept and classify such lands, the
applicant may appeal the decision of the commission to the circuit court
in which such lands, or major part of such lands, are located and the
decision of the circuit court in all such matters shall be final.
3. No application to designate lands as forest croplands shall be
accepted for a tract of land containing less than twenty acres; and no
such land shall be classified for tax relief if the value thereof shall
exceed one hundred twenty-five dollars per acre or a greater value as set
by regulation of the commission.
4. No application for the cost-share incentive program established in
section 254.225 shall be accepted for lands designated as forest
croplands. (L. 1945 p. 672 § 5, A.L. 1974 H.B. 1210, A.L. 1981 H.B. 308,
A.L. 2002 H.B. 1348)
For all such lands which have been accepted and classified by
the commission as forest croplands, a certificate shall be issued in
quadruplicate by the commission; and the original thereof shall be filed
in the commission office, one copy in the office of the director of
revenue, one copy with the county clerk of the county and one copy with
the applicant. The lands described in such certificate shall be entitled
to the partial tax relief provided for in this chapter. (L. 1945 p. 672 §
7)
The transfer of the ownership of any such forest croplands shall
not affect any classification thereof as such. (L. 1945 p. 672 § 16)
1. The commission may classify as forest croplands any lands
conveyed to the state for use of the commission. The commission shall pay
to the county wherein the state-owned and classified lands are situated a
certain sum from the conservation commission fund as a grant in lieu of
taxes thereon, which sum shall be set by the commission at not less than
fifty cents per acre per year.
2. The grants in lieu of taxes so received by the respective counties
shall be placed in the general revenue fund of each such county.
3. The commission shall annually certify to the commissioner of
administration and the state auditor the acreage of such lands and the
amount payable to each county under the provisions hereof and the
treasurer is authorized to pay, and, after appropriations are made as
herein provided, such amounts shall be paid to such counties on or before
the first day of January following the certification. This section shall
not be retroactive. (L. 1945 p. 672 § 19, A.L. 1955 p. 316, A.L. 1957 p.
311, A.L. 1965 p. 388, A.L. 1974 H.B. 1210, A.L. 1981 H.B. 308)
State-owned lands, used by the commission and classified as
forest cropland will not be subject to any ad valorem tax, or to any
yield tax on timber cut on such lands, nor subject to any penalties if
removed from the forest cropland classification. (L. 1974 H.B. 1210)
Any privately owned lands approved and classified by the
commission as forest croplands as defined in this chapter shall receive
partial relief from taxation, as provided in said chapter, during a
period of time not to exceed twenty-five years, after which the
classification shall expire. When the classification shall have expired,
the owner of such lands may submit an application as provided in section
254.040 to have the land reclassified. (L. 1945 p. 672 § 6, A.L. 1974
H.B. 1210, A.L. 1981 H.B. 308)
Any lands owned by the state of Missouri, used by the
commission, and classified as forest cropland as defined in this chapter
may retain such classification for an indefinite period, so long as said
lands continue to be used by the commission. (L. 1974 H.B. 1210)
Privately owned lands classified as forest croplands under this
chapter shall be assessed for general taxation purposes at three dollars
per acre, and taxed at the local rates of the county wherein the lands
are located. Lands so classified prior to August 14, 1974, shall be
assessed for general taxation purposes at one dollar per acre and taxed
at the local rate of the county wherein the lands are located. (L. 1945
p. 672 § 8, A.L. 1974 H.B. 1210, A.L. 1981 H.B. 308)
1. Any person owning or controlling forest land may inaugurate
and develop his own plan of management and employ such standards and
methods of forest management as may suffice in the judgment of the
commission to accomplish the purposes of this chapter and may obtain the
partial relief from taxation provided for in this chapter for such forest
property so long as the provisions of this chapter are being complied
with, provided such plans and methods and application for tax relief be
submitted on forms provided by the commission and the same are approved
by the commission. Such plans, methods and application shall not be
approved unless the commission finds they give reasonable assurance of
accomplishing the purposes of this law.
2. After approval of such plans and methods and such application for tax
relief such person may present revised working plans from time to time to
the commission for the cutting and management of said forest lands, for
their approval. Such revised working plans and methods shall be in a form
and for a period prescribed by the commission and the decision of the
commission in all such matters shall be final. The procedure in
effectuating said tax relief shall be as that outlined in this chapter
for forest croplands. (L. 1945 p. 672 § 20)
1. The commission shall determine as of January first of each
year the number of acres of privately owned forest cropland which has
been accepted in each county under this chapter. The commission shall pay
to each county in which these lands are situated a certain sum from the
conservation commission fund as a grant in lieu of taxes, this sum to be
set by the commission at not less than fifty cents per acre per year for
each acre so accepted.
2. The grants in lieu of taxes so received by the respective counties
shall be placed in the general revenue fund of each such county.
3. The commission shall annually certify to the commissioner of
administration and the state auditor the amount payable to each county
and the treasurer is authorized to pay, and, after appropriations are
made as provided in this section, such amounts shall be paid to such
counties on or before the first day of January following. This section
shall not be retroactive. (L. 1945 p. 672 § 10, A.L. 1955 p. 316, A.L.
1957 p. 311, A.L. 1965 p. 388, A.L. 1974 H.B. 1210, A.L. 1981 H.B. 308)
The assessor shall not increase the valuation of property other
than forest lands owned by any person so as to make up for loss of
taxable property value because of the forest croplands tax relief
provided for in this chapter. (L. 1945 p. 672 § 17)
All persons interested in any way in the forest croplands or the
cutting of crops therefrom covered by this chapter shall comply with and
follow such forest management rules and regulations as are required by
the commission. (L. 1945 p. 672 § 26)
Nothing in this chapter shall be construed as limiting the right
of any such person to cut from said forest croplands owned or controlled
by him, firewood and timber for his own domestic use. (L. 1945 p. 672 §
27, A.L. 1974 H.B. 1210)
All products of cuttings on classified lands shall pay a yield
tax as provided by this chapter, except materials from cuttings permitted
by section 254.140, when such materials shall be used by the owner of the
land, or by a tenant with the permission of the owner upon property
belonging to such owner, which is taxable in the same county as the
timber land from which the timber was removed. (L. 1945 p. 672 § 13)
If such products of cuttings shall be sold or otherwise disposed
of or transferred to the ownership of other persons it shall be subject
to the yield tax provided in this chapter. Whenever a cutting shall be
made other than as excepted in sections 254.140 and 254.150, of this
chapter, the owner of the land shall file a sworn statement with the
commission of the quantity and species of timber cut; this statement
shall be filed not later than one month following said cutting or at the
end of each month where the cutting is continuous. The commission shall
review this statement and determine the stumpage value and forward its
report to the director of revenue. The director of revenue or his agent
shall arrange collection of the yield tax from the owner. (L. 1945 p. 672
§ 14)
Whenever a cutting shall be made on lands so classified, except
as otherwise provided in this chapter and in addition to the local tax,
the material so cut shall be subject to a yield tax on the value as
determined under section 254.160 and at the rate of six percentum of such
value. (L. 1945 p. 672 § 9, A.L. 1974 H.B. 1210)
Yield taxes provided for in section 254.150 and reimbursements
as provided for in sections 254.210 and 254.220 shall be deposited in the
conservation commission fund. (L. 1945 p. 672 § 18, A.L. 1974 H.B. 1210,
A.L. 1981 H.B. 308)
If any oil, gas, stone, coal, or other material is obtained from
any such forest croplands, this may be assessed separately and taxed at
the local rates; otherwise the operation of the property tax shall not be
changed, except as provided in this chapter. (L. 1945 p. 672 § 15)
1. When any lands have been so classified the classifications
shall be continued as long as proper forest conditions and practices are
maintained and continued thereon, and for such periods of time as do not
exceed the provisions of this chapter.
2. Use of such lands for pastures, destruction of tree-growth and failure
of owner to restore forest conditions, removal of tree-growth and use of
land for other purposes, or any changed condition which in the opinion of
the commission shall show that the requirements of this chapter are not
being fulfilled, or the use of such lands for pasture in violation of any
regulations promulgated by the commission shall be sufficient ground for
the cancellation of such classification. If the commission find the
provisions of this chapter are not being complied with, it shall
forthwith cancel the classification of such lands, sending notice of such
cancellation to the assessor, the county clerk of the county in which the
land is situated and to the owner of such lands. Such lands shall
thereafter be taxed as other lands. (L. 1945 p. 672 § 11, A.L. 1974 H.B.
1210)
When a classification shall have been canceled for cause, the
owner of such lands shall make reimbursement to the commission in a
manner as the director of revenue shall prescribe for the grant which was
paid by the commission to the county in lieu of taxes on this land while
so classified as forest cropland, plus a penalty equivalent to ten
percent interest thereon. Such reimbursement shall be in addition to any
yield tax which may have been paid or may be collected. (L. 1945 p. 672 §
12, A.L. 1974 H.B. 1210, A.L. 1975 H.B. 948, A.L. 1981 H.B. 308)
In the event an owner of forest croplands may desire to remove
his land from classification, he may do so by making reimbursement to the
commission in a manner as the director of revenue shall prescribe for the
grant which was paid by the commission to the county in lieu of taxes on
this land while so classified, plus a penalty equivalent to five percent
interest thereon. (L. 1945 p. 672 § 11a, A.L. 1974 H.B. 1210, A.L. 1981
H.B. 308)
1. The commission may administer a forest landowner cost- share
incentive program to promote sustainable forestry on private lands. Such
program may provide reimbursement cost share for up to fifty percent of
the cost of precommercial forestry activities on eligible lands. Eligible
forestry activities shall be carried out in accordance with best
management practices and sustainable forestry principles.
2. Any forest landowner may submit a program application to the state
forester on forms provided by the commission. Application procedures and
acceptance criteria shall be specified by the commission.
3. No application for such program shall be accepted for a tract of land
containing less than forty acres. The total amount of incentives provided
to any person shall not exceed five thousand dollars in any calendar
year. (L. 2002 H.B. 1348)
CROSS REFERENCE:
Land designated as forest croplands not eligible for the cost-share
incentive program, RSMo 254.040
It shall be the duty of the state forester and other employees
as appointed by the commission:
(1) To promote forestry by assisting any person in forest management, the
planting of trees, the conservation and development of trees and the
protection of forests and other trees from fires, insects, and diseases;
(2) To assist in the enforcement of all laws and rules and regulations
applicable to forest fires. (L. 1945 p. 672 § 25, A.L. 1974 H.B. 1210)
The state forester and other employees as appointed by the
commission shall have power:
(1) To enforce any and all provisions of this chapter and all rules and
regulations made by the commission;
(2) To enter into agreements for forestry purposes with any person within
the state, the same not to be effective until approved and accepted by
the commission;
(3) To enter upon any woodland in the state for the purpose of carrying
out the provisions of this chapter and performing his duties;
(4) To recommend to the commission tentative rules for forest practices
aimed to accomplish the objectives set forth in this chapter and carry
out the policies established by such rules and regulations. (L. 1945 p.
672 § 24, A.L. 1974 H.B. 1210)
Each agent of the commission authorized to do so by the
commission shall have power:
(1) To employ such other person or persons as may be suitable and needed
to render assistance in preventing the spread of, or in suppressing
forest, brush or grass fires; provided, however, that nothing in this
chapter shall be construed to relieve the owner or one in control of
lands upon which fires may be started or burning, from the duty of
preventing the spread of or of the duty of suppressing such fires so far
as may lie within his power, and no such owner or person in control nor
anyone with a present vested interest therein shall receive compensation
from the state or any agency thereof for helping or assisting in
preventing the spread of or in suppressing fires upon said lands; and no
person who is responsible for starting fire shall receive compensation
for helping prevent the spread of or for suppression of such fire.
(2) To enter upon any lands at any time for the purpose of carrying out
the provisions of this chapter and any such rules and regulations; and no
action for trespass or damages shall lie against any such person or any
person working under his direction, providing that in entering upon
property he and they shall exercise due care to avoid doing unnecessary
damage.
(3) To exercise the foregoing powers and duties in any part of the state.
(L. 1945 p. 672 § 29)
1. It shall be the duty of every authorized agent of the
commission to assist in the enforcement of this chapter and any such
rules and regulations of the commission; and it shall be the duty of all
sheriffs, marshals, constables and their deputies and of all other police
officers and of all prosecuting attorneys and their assistants, within
their respective counties, to aid diligently in the enforcement of the
provisions of this chapter and all such rules and regulations.
2. Any such officer and any such agent may arrest without warrant any
person caught by him or in his view violating or who he has good reason
to believe is violating or has violated this chapter or any such rules
and regulations, and take such person forthwith before an associate
circuit judge or any court having jurisdiction, who shall proceed without
delay to hear, try and determine the matter as in other criminal cases.
(L. 1945 p. 672 § 28)
1. Fire control and timber trespass activities will be
intensified and may be extended to include all woodlands in the state as
deemed in need of such protection by the commission within the limits of
funds provided. Any person whether or not his lands are classified as
forest croplands may receive such assistance.
2. Any owner may make application to the commission for special attention
in forest fire control requiring expenditures in excess of those
permitted within the limits of funds provided for general activities
under this chapter, by subscribing a payment of not less than three cents
per acre per year for such added protection as the commission may deem
advisable and desirable. (L. 1945 p. 672 § 21)
Any person who shall obstruct or prevent or attempt to obstruct
or prevent any officer, agent, employee or deputized person under this
chapter or any such rules and regulations, while in the performance of
his duties, or in the exercise of the right of entry, access or
examination by any such officer or agent, shall, upon conviction thereof,
be deemed guilty of a misdemeanor. (L. 1945 p. 672 § 31)
Any person who violates any of the provisions of this chapter or
any of such rules and regulations shall be guilty of a misdemeanor. (L.
1945 p. 672 § 22)
CROSS REFERENCES: Arson, reckless burning, RSMo 569.040 to 569.060
Negligent burning or exploding, RSMo 569.065
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