Forest Legacy Program FAQ

Florida is one of 49 states implementing the Forest Legacy Program, which aims to protect and conserve important forests that are threatened by conversion to non-forest uses, such as development. Led by the Florida Forest Service, Forest Legacy is an important tool for preserving Florida’s forests through the coming years of continued growth. Forest Legacy is distinct from other conservation programs in that it will focus specifically on important forest lands and will require a Stewardship Plan or a Multi-Resource Management Plan for each tract accepted into the program.

Funded under the 1990 Forest Stewardship Act, Florida may use Forest Legacy funds to purchase conservation easements or land. The Florida Forest Service plans to focus most of its efforts on the purchase of conservation easements as a way to ensure forest resources, to the greatest extent possible, remain economically viable in Florida.

Priority consideration will be given to threatened forest lands which have important values. These values will be defined with the assistance of the Public Participation Process, and may include such things as the ability of the forest to protect water quality, fish and wildlife habitat, recreation, timber production, rare communities, or scenic and aesthetic values. The Forest Legacy Program benefits landowners and conservation in the state.

Florida is in the process of updating the "Assessment of Need" which it will submit to the U.S. Forest Service.

The updated Assessment of Need will continue to:

1. Document the specific need for a Forest Legacy Program in Florida.
2. Establish eligibility criteria particular to Florida.
3. Identify and delineate boundaries of forest areas meeting the eligibility requirements or designation as Forest Legacy Areas.
4. Recommend priority areas to the Forest Service and Secretary of Agriculture for inclusion in the Forest Legacy Program.
5. Include relevant information about both public and private forest lands. It will analyze how to best maintain the integrity of forest lands for future generations.

The Assessment of Need will be completed by the Florida Forest Service, after all public comment is compiled and incorporated. It will then be submitted to the State Forester, after which the State Forester will submit to the U.S. Forest Service for review.

A Forest Legacy Area is a geographically defined part of the state where tracts of land will be eligible for protection under Forest Legacy. Florida establishes Forest Legacy Areas by identifying areas that contain environmentally important forests, and where those forests are most threatened by conversion to non-forest uses. Environmentally important forests may offer important geological features, mineral resources, wildlife habitat including threatened and endangered species, cultural resources, recreational resources, timber management, and aesthetic and scenic values.

Most states have chosen to define discreet Forest Legacy Areas within their state. The Florida Forest Service uses the Public Participation Process to provide input on the how Florida's Forest Legacy Areas are defined.

Florida will initiate a Public Participation Process so those interested can comment on the Program. Public comments received will be included in the Assessment of Need, which is submitted for review to the U.S. Forest Service.

The Florida Public Participation Process attempts to cast a broad net to invite a wide range of responses and feedback. Public comment will be received through workshops, as well as telephone, mail, and e-mail. Persons representing different interests are identified, informed about the program, and invited to these meetings so that representation of different interests is ensured. Also, notice of these meetings is provided to local newspapers so that those interested may attend. Also, legislators, local governments, and organizations will be contacted. 

Public input is specifically desired on what parts of the state should be included in the Forest Legacy Program as Forest Legacy Areas and the criteria for determining if a specific tract of land is eligible for program funding.

The Forest Legacy Program is unique in that it aims to conserve land that is specifically threatened from conversion to non-forest uses.  The main tool used for protecting these important forests is conservation easements, allowing those lands to be managed by individual landowners as outlined in a Forest Stewardship Plan or MRMP. The Florida Forest Service will provide technical assistance to the individual landowners whose land is accepted into the Forest Legacy Program.

A conservation easement is a legal agreement that a willing property owner makes voluntarily to restrict the type and amount of development that may take place on their land. The conservation easement is either donated to, or purchased by, the organization holding the easements. In this agreement, some land uses are typically prohibited or restricted through conveyance of certain land rights. The landowner retains title and all remaining land rights not specifically conveyed or prohibited in the easement.

Yes, the original owner and all subsequent owners are bound by the easement. The easement is recorded at the county or city records office so that all future owners and lenders will learn about easement restrictions when they obtain title records on the property.

Payment for a conservation easement is based on the Fair Market Value of the property under easement, using Federal Appraisal Standards. The value of the easement may also vary depending on the rights that the landowner chooses to retain or to convey or through the easement, as well as the location of the property.

Yes, entry into the Forest Legacy Program is strictly voluntary. No conservation easements may be placed on any property unless a voluntary application is submitted by a landowner.

No. Public access will not be sought. However, the landowner has the right to request that public access be granted if he/she so chooses.

Yes, a Forest Stewardship Plan or MRMP is necessary for a particular piece of land to be considered eligible for the Forest Legacy Program. However, if one does not already exist, a Plan may be developed as part of the application process. Landowners are encouraged to contact the Florida Forest Service to obtain information on Forest Stewardship Plan standards. Such plans are not to limit landowner's management of their forests, but are to ensure that landowners receive professional advice on how best to manage their forest land to meet their goals and objectives.

No, but no more than 25 percent of the total area should be non-forest uses of the land that may be compatible with forest uses as part of an undeveloped landscape, including cultivated farmland, pasture, grassland, shrubland, open water, and wetlands. Forest Legacy funds should only be used on parcels with forestland as defined in a state’s Assessment of Need. Other funding sources may be used to protect non-forested areas on those parcels with less than the minimum required forest cover.

While there is no limit to the number of projects that Florida can submit, the list of projects forwarded by the U.S. Forest Service regional office for the national selection process can include no more than three projects, not to exceed a total of $10,000,000, from each participating State.

Individual landowner applications are reviewed by the Florida Forest Service to determine if the tracts meet the eligibility criteria and state priorities.