Forest Legacy
Program helps keep environmentally important forests as forests - forever.
Program helps keep environmentally important forests as forests - forever.
In a 2017 survey, a vast majority of people in Michigan told the DNR that they are interested in making sure that there are plenty of forests for future generations to use and enjoy.
In conversations with DNR staff, people have reinforced that concept again and again.
That’s exactly the point of the Forest Legacy Program. Landowners who want to ensure that their property remains forested and sustainably managed forever can apply to participate in the Forest Legacy Program.
The nationally competitive program, administered by the USDA Forest Service, uses federal and matching funds to ensure that environmentally important forests are managed sustainably. This may involve buying the property outright or purchasing development rights through a conservation easement.
The program provides an economic incentive to landowners to keep forests as forests, encourage sustainable management and support strong markets for forest products.
All Forest Legacy Program agreements must contain language to ensure perpetuity. Michigan’s program also requires that the land be open to the public, at least for nonmotorized access. Landowners who do not have an existing management plan will be required to create one before a project can be completed.
Details of the program and application procedures follow.
Five areas meet the Eligibility Criteria and have been approved as Forest Legacy Areas (FLAs) (Map 1). Some of these areas are contiguous, but were separated based on ecological, economic, cultural or aesthetic differences that relate to their inclusion among the FLAs. The FLAs are not entirely forested and include significant public lands. It is the private, forested lands within each FLA that would qualify for Forest Legacy Program funds. Each of the FLAs is described below in terms of its general character and the potential benefits of the Forest Legacy Program to that area.
The FLAs vary in size, percent of forest cover and amount of public lands within them (Tables 1 and 2). The largest is the Upper Peninsula, which covers almost 10.6 million acres (not including Isle Royale National Park). The smallest is the Southern Michigan Recharge Area, which includes about 1.25 million acres. The total area of forest varies from 328,000 acres (26% forested) in the Southern Michigan Recharge Area to 9.1 million acres (87.6% forested) in the Upper Peninsula.. Both southern Michigan FLAs have less than 35% forest cover, whereas the others exceed 60%. It is the southern forests, though, that are most at risk.
Zoom in to the map below to explore the Forest Legacy Areas and 2016 land cover in Michigan.
Map 1: Forest Legacy Areas and land cover
Table 1. Total area and area (acres) of three forest cover classes in the Forest Legacy Areas (data is from Forest Inventory and Analysis database for 2019 and is an estimate for the Southwest Lower Peninsula and the Southern Michigan Recharge Area) (non-stocked is included as land that could potentially be forested within ten years).
The area of public land also varies dramatically among the FLAs as shown in Table 2. The Upper Peninsula easily has the most public land, but the Northeast Lower Peninsula has nearly as high a percentage of public land. Public land in the two southern Lower Peninsula FLAs is below 6 percent of the total area.
Table 2: Public ownership in the proposed Forest Legacy Areas. (USFWS is the US Fish and Wildlife Service; USFS is the USDA Forest Service; NPS is the National Park Service; MI is the State of Michigan)
Items common to all Forest Legacy Areas are the government entities that may be assigned management responsibility and the means for protection, addressed below.
Michigan will Forest Legacy Program through a State Grant Option, by which the State of Michigan will hold title to all conservation easements or deeds for acquired tracts of forest land entered into the program. The Michigan Department of Natural Resources, Forest Resources Division is the lead agency for this program, in consultation with the State Forest Stewardship Coordinating Committee.
The DNR may elect to delegate management and administration of individual tracts within the program to another division within the DNR or to another organization or government entity, including land trust, land conservancy or other conservation groups.
B. Acquire development rights on all tracts. Those rights include, but are not limited to, the right to construct buildings and other improvements, remove forest cover for non-forest uses and control utility right-of-way locations (all future utility installations shall be placed underground if feasible).
C. Timber rights retained by the landowner shall follow guidelines set forth in the Forest Stewardship Plan or other multi-resource management plans written by Michigan Forest Stewardship Program (FSP) certified plan writers, and other natural resource professionals that have completed Michigan Sustainable Forestry Initiative (SFI) training. All resource management plans must include the use of Best Management Practices (BMPs), applicable laws and regulations and with the following provisions:
D. Consider acquisition of public access rights on each tract. A minimum of non-motorized public access is a significant priority and will be sought on all projects. On a case-by-case basis, there may be consideration given to a project that does not include public access.
E. Restrict development of mineral or oil and gas rights to allow no more than 10 percent of the surface occupancy of the Forest Legacy tract, with total area of all non-forest uses not exceeding 10 percent of the total tract area. When landowner operations are complete, the land shall be reclaimed as much as practical to its original contour and reforested. The USFS will determine if a site with mineral extraction on the tract needs to be removed from the project.
F. No disposal of waste or hazardous material will be allowed on properties in the Forest Legacy Program.
G. Prohibit the use of signs and billboards on all properties, except to state the name and address of the property owner and/or provide Forest Legacy or other forest land incentive program information and Forest Legacy boundary information.
H. Existing dams, water impoundments or similar structures may be allowed to remain and be maintained. Exceptions or new impoundments will be agreed upon in negotiations with the landowners.
I. Any revision to the conservation easement regarding existing structures may be made upon approval by the unit of government holding title to the conservation easement.
J. Industrial, commercial and residential activities, except traditional forest uses, are prohibited.
K. A parcel must have a stewardship plan or a multi-resource management plan completed by a professional forester and approved by the State Forester before entering the Forest Legacy Program. The plan must be current and updated as needed to meet Forest Legacy Program requirements.
L. Each conservation easement will contain clauses to address the goals and objectives of the individual Forest Legacy Area. Such clauses may include, but are not limited to:
The Upper Peninsula (UP) FLA includes all land in all counties of the UP, and includes all the islands that are part of those counties:
ALGER, BARAGA, CHIPPEWA, DELTA, DICKINSON, GOGEBIC, HOUGHTON, IRON, KEWEENAW, LUCE, MACKINAC, MARQUETTE, MENOMINEE, ONTONOGAN and SCHOOLCRAFT.
The Upper Peninsula Forest Legacy Area and land cover
This is the largest FLA, with the most forest and the most public land. All counties, except for Keweenaw, produce significant pulpwood, and most produce large volumes of sawlogs. The economies of all counties, except for Baraga and Houghton, are at least 10 percent dependent on forests and wildland resources. While the pressures we commonly think of as threatening to forest values (i.e., urban sprawl, second home development) are not as prevalent in most of the UP as many other parts of the State, UP forests have unique features and qualities that make them well suited to the Forest Legacy Program.
The public will benefit from the Forest Legacy Program in several ways. First, the economy of the Upper Peninsula is closely tied to the forests. The forest products industry and tourism are both significant components of the economy and culture throughout the UP. Additionally, recreation associated with forests is important. By maintaining public access through FLP conservation easements, many traditional recreational activities including hunting, fishing, snowmobiling, hiking and bird watching will remain possible. Finally, the ecological benefits of having large, contiguous forests that support wide-ranging species and most of their potential biodiversity enhance the state for all.
Public ownership in the Upper Peninsula proposed Forest Legacy Area
In summary, the features of Upper Peninsula forests that could benefit from the Forest Legacy Program include:
To qualify for inclusion in the Forest Legacy Program, an identified Forest Legacy Area must meet the Eligibility Criteria as established by the state. In Michigan, the criteria are listed in Appendix III of the 2020 Forest Action Plan strategy.
The Upper Peninsula FLA meets the Eligibility Criteria in the following ways:
The Northeast Lower Peninsula FLA includes all lands (including islands) in the following counties:
ALCONA, ALPENA, ARENAC, CHEBOYGAN, CRAWFORD, IOSCO, MONTMORENCY, OGEMAW, OSCODA, OTSEGO, PRESQUE ISLE, AND ROSCOMMON.
Northeast Lower Peninsula Forest Legacy Area and forest covertype
Of the roughly 4.5 million acres in this proposed FLA, over 70% percent is forested. Like the Upper Peninsula, nearly 34% of the land is public, yet large forested areas exist in private ownership. Many of the features are like those of the UP, except for the wide-ranging species. The counties of this area produce large volumes of sawlogs or timber and are, in many cases, economically dependent on forests and wildlands. This FLA contains a large and important groundwater recharge zone in the Grayling Outwash Plain regional landscape ecosystem. There is greater pressure from development in this FLA than in the UP.
Public benefits that would derive from implementation of the FLP in this area include buffering public lands and protecting groundwater recharge areas that feed many streams and lakes in the area. Continued or even increased public access to private forests could result in improved opportunities for recreationists.
The features of the Northeast Lower Peninsula forests that could benefit from the program include:
Public ownership in the Northeast Lower Peninsula proposed Forest Legacy Area
To qualify for inclusion in the Forest Legacy Program, an identified Forest Legacy Area must meet the Eligibility Criteria as established by the state. In Michigan, the Eligibility Criteria are listed in Appendix III of the 2020 Forest Action Plan strategy.
The Northeast Lower Peninsula Forest Legacy Areas meets the Eligibility Criteria in the following ways:
The Northwest Lower Peninsula FLA includes all the land (including islands) in the following counties:
ANTRIM, BENZIE, CHARLEVOIX, CLARE, EMMET, GRAND TRAVERSE, KALKASKA, LAKE, LEELANAU, MANISTEE, MASON, MECOSTA, MISSAUKEE, MONTCALM, NEWAYGO, OCEANA, OSCEOLA, AND WEXFORD.
Northwest Lower Peninsula FLA and land cover
At 6.3 million acres, this FLA is 61% forested and is less than 31% in public ownership. It depends less on forests and wildlands than the previous two FLAs, though many counties do produce significant sawlogs or pulpwood. Significant groundwater recharge areas occur throughout the FLA, and there are many scenic forest areas. Of the forested land, less is in private ownership but there is greater development pressure on private forests.
The public will benefit from the FLP through buffering of public lands from incompatible land uses. Areas around Grand Traverse and Little Traverse Bay are among the fastest-growing in the state and property that borders public land is sought after for development. In addition, the hills and groundwater-fed lakes that are among the most attractive features of this FLA will benefit from protection of forests in groundwater recharge areas.
The features of Northwest Lower Peninsula forests that could benefit from the Forest Legacy Program include:
Public ownership in the Northwest Lower Peninsula proposed Forest Legacy Area
To qualify for inclusion in the Forest Legacy Program, an identified Forest Legacy Area must meet the Eligibility Criteria as established by the state.
The Northwest Lower Peninsula Forest Legacy Areas meets the Eligibility Criteria in the following ways:
The Southwest Lower Peninsula FLA includes all the lands in the municipalities listed below in Table 3.
Table 3. Local units of government included in the Southwest Lower Peninsula FLA.
This FLA is nearly 2 million acres and is roughly 35% forested (see map below). Much of the forested area is in the two largest public areas, Allegan State Game Area and Barry State Game Area. There are private forests around both these state-owned areas, as well as forests clustered along the shore of Lake Michigan. Many of the near-shore forests are on old dunes, visually pleasing and important natural communities. Allegan and Barry counties produce large volumes of sawlogs, though none of the counties are economically dependent on forests and wildlands. Portions of the FLA are important for rare communities and species and some is within a groundwater recharge zone. Development pressure is relatively high.
Southwest Lower Peninsula FLA and land cover
Public lands could benefit from additional buffering through the FLP in this Forest Legacy Area. Scenic forests along the coast of Lake Michigan could be protected from development pressure and migratory stopover sites along the corridors of the Galien and Paw Paw rivers could be shielded from forest fragmentation. The few large (over 1,000 acres) private forests that remain could be protected from fragmentation and remain accessible for traditional forest uses.
The features of the Southwest Lower Peninsula forests that could benefit from the program include:
To qualify for inclusion, an identified Forest Legacy Area must meet the Eligibility Criteria as established by the state.
The Southwest Lower Peninsula Forest Legacy Areas meets the Eligibility Criteria in the following ways:
Public ownership in the Southwest Lower Peninsula Forest Legacy Area
The Southern Michigan Recharge Area (SMRA) includes all the land in the municipalities listed in Table 4 below.
Table 4: Local units of government in the Southern Michigan Recharge Area
This area is the smallest and least-forested of the FLAs (see map below). In addition to the ecologically important forests on public lands, there are many aesthetically important forests on private lands.
Almost the entire FLA is in an important recharge area and many of Michigan’s major rivers arise here, including the Grand, St. Joseph (Lake Michigan drainage), Kalamazoo, Raisin, Huron, Shiawassee, Clinton and Flint. The forests in this FLA are under the greatest pressure from development of any. The economy of Jackson County depends on forests and wildlands.
The Southern Michigan Recharge Area and land cover
Forests on public lands are among the most critical for maintaining the biodiversity of this FLA, and forests that remain in private ownership serve as important buffers to these public lands. Groundwater recharge areas are also being pressured for development, which is occurring faster here than anywhere in the state. Lands open to public access are less abundant here and keeping or adding to the areas that are open for recreation or other traditional uses could be valuable. Some local and county governments are establishing their own land protection measures, but the cost of land and development rights is prohibitively high. The Forest Legacy Program would offer an additional way for private land owners to protect their forest lands.
The features of Southern Michigan Recharge Area forests that could benefit from the Forest Legacy Program include:
Public ownership in the Southern Michigan Recharge Area proposed Forest Legacy Area
To qualify for inclusion in the Forest Legacy Program, an identified Forest Legacy Area must meet the Eligibility Criteria as established by the state.
The Southern Michigan Water Recharge Forest Legacy Area meets the criteria in the following ways:
The Forest Legacy program also has many components that must be considered. These components are listed below with the location of where the data/information can be found within the Landscape Assessment Story Maps noted. All story maps can be accessed from this main page. Some of the more important trends are discussed above in the section summarizing the landscape assessment.
Each project proposal will receive a qualitative ranking based on the extent to which it addresses the criteria. These guidelines will be further revised as experience dictates.
The Michigan Forest Stewardship Advisory Committee (SAC) will submit a prioritized list of potential Forest Legacy projects to the United States Forest Service-Cooperative Forestry. To ensure that Michigan considers a broad range of potential Forest Legacy projects, the Forest Stewardship Advisory Committee will use two methods to identify and consider potential Forest Legacy projects:
Using either of the two processes described above, new projects must develop a proposal in the format described below and submit said proposal to the MDNR by June 1 of each calendar year. Proposals submitted after that date will be put into the list of potential projects for the following calendar year.
However, all interested parties should review the minimum eligibility requirements for participation in Michigan’s Forest Legacy Program (see D) prior to initiating any expense in submitting a proposal for consideration. As part of the application process and format, all applicants must submit 4 copies of the following information for each parcel (see C as reference):
Proposals will be evaluated and scored by a subcommittee of the SAC (see E). Numeric scores and assessment of each project (including a section regarding the project’s readiness for easement/fee acquisition) will be forwarded to the SAC for a final decision on the selection and prioritization of that year’s potential projects. Applicants will be notified of the Committee’s project decisions by September 1 of that application year. Furthermore, the SAC will submit a prioritized list, including funding levels, of potential projects to the United States Forest Service for funding in the following fiscal year.
Check list items are to be rated as low, medium, and high for corresponding weighted points of 5, 10, and 20.
Karner Blue butterfly