Texas Administrative Code
Title 4 - AGRICULTURE
Part 12 - TEXAS A&M FOREST SERVICE
Chapter 215 - FOREST ZONE DETERMINATION PROCEDURE
Section 215.5 - The Criteria for Determining Aesthetic Management Zone upon Request from a Chief Appraiser or Taxing Unit
Universal Citation: 4 TX Admin Code ยง 215.5
Current through Reg. 49, No. 38; September 20, 2024
(a) The criteria that Texas A&M Forest Service uses in determining AMZ-public rights-of-way upon request from a chief appraiser or taxing unit is set out as follows.
(1) AMZ must be a band of standing
trees at least 10 years old or 35 feet tall.
(2) The width of the AMZ must be at least 100
feet but within 200 feet in width from the edge of the public
rights-of-way.
(3) A management
plan must be provided that addresses harvest restriction to ensure the
continued aesthetic value of the zone. The landowner must comply with the parts
of the management plan that relates to the zone in order to qualify the land as
AMZ-public rights-of-way.
(4)
Harvesting is restricted to the extent that an average 50 square feet per acre
of residual basal area must be retained in trees evenly distributed within
AMZ.
(b) The criteria that Texas A&M Forest Service uses in determining whether an application qualifies as a designation of AMZ-special or unique area due to the area's natural beauty, topography, or historical significance is set out as follows.
(1) Qualified area possesses special or
unique traits such as:
(A) archeological
sites, including historic and pre-historic sites (e.g., Native American site,
early settlement sites);
(B) rare
geological formation (e.g., waterfall or overlooks);
(C) unique scenic beauty;
(D) unique plants or animals communities
(e.g., old growth forests, pitcher plant bog);
(E) other traits that suggest a special
importance to society.
(2) The historical/archeological area must be
recorded with the Texas Archeological Research Laboratory, the University of
Texas at Austin, state official depository for archeological site records, with
a site number assigned.
(3) The
area is recommended by a specialist whose findings prove the area has features
that are unique or special and worthy of preservation. The specialist must be
qualified because of their area of expertise to identify area in need of
preservation or conservation. Minimum qualification of the specialist include
an advanced degree in the area of claimed expertise, experiences in identifying
and preserving sites in the area of expertise, and/or current employment by an
organization engaged in identifying and preserving such sites. A letter stating
the specialists' qualifications and experience must be submitted with the
application.
(4) Compliance with
the following harvest restriction provisions is required:
(A) Harvesting may be totally restricted if
necessary to protect the special features that make this site unique.
(B) A management plan developed with inputs
from the appropriate specialists must be provided addressing restricted timber
harvesting as to the extent and frequency; the landowner must comply with the
parts of the management plan that relates to the zone in order to qualify the
land as a AMZ-special or unique area.
(C) If harvesting is permitted, an average 50
square feet per acre of residual basal area must be retained in trees evenly
distributed within the AMZ.
(D)
Special or unique area may be regenerated using different methods; however, the
specialist assisting with the management plan must address how the special
features will not be adversely affected.
(5) The timberland is under timber-use
appraisal (or productivity appraisal), as defined in Tax Code, Title 1 Property
Tax, Subchapter E, §23.72. Land qualifies for timber-use appraisal if it
is currently and actively devoted principally to production of timber or forest
products to the degree of intensity generally accepted in the area with intent
to produce income and has been devoted principally to production of timber or
forest products or to agricultural use that would qualify the land for
agricultural use appraisal under Tax Code, Title 1 Property Tax, Subchapter C,
or open-space land appraisal under Tax Code, Title 1 Property Tax, Subchapter
D, for five of the preceding seven years.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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