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Post-Storm Clean-up on your Conservation Easement

Recent storms have brought high winds, heavy rains, and a lot of fallen trees. Wondering what to do about all the storm debris on your conservation easement property? Many easements allow for the removal of hazardous, damaged or downed trees, but this varies on a case-by-case basis. Please be sure to consult your easement documents first, and contact stewardship staff at our office if you have any questions.

You’ll want to consider whether or not the trees/debris in question actually pose a hazard to you or your property. While not always the most visually appealing, non-hazardous dead or fallen trees can actually benefit the conservation values of your property because they recycle nutrients back to the soil and can become habitat for birds, mammals, and other critters. If a tree is damaged but not dangerous, leaving it alone may be the best course of action. You may also find that some damaged trees spring back to life, even 6 to 12 months after a storm.

For more information on identifying and removing hazardous trees, check out this article by the US Forest Service. If you are unsure about removing a tree, consult with a professional arborist or an insured tree removal service. Here’s a list of questions to consider before hiring a service.

Boundary Posting and 3rd Party Trespass

A common challenge for landowners and land trusts alike is trespassing by third parties. If a property is not adequately marked, it’s more difficult to protect against 3rd party trespass and other encroachment issues — such as timber theft, poaching, unauthorized ATV use, etc. Such activities can negatively impact a property’s conservation values.

Posting property lines, especially in accordance with North Carolina’s Landowner Protection Act (LPA), can offer protection from trespassing. The LPA, which clarifies some of the common hunting and recreational trespass issues landowners encounter, provides two ways for landholders to post their lands to allow only hunters, trappers and anglers with written permission to legally enter their property: signs and purple paint. Click here for details on how to post a property in accordance with the LPA.

Other important trespassing facts and laws relevant to landowners include:

  • No one can operate a motorized all-terrain-vehicle on another’s property without written permission from the landowner (see G.S. 14-159.3(a)(1)).
  • It is illegal (Class 3 misdemeanor) to destroy or mutilate any “posted” or “no hunting” or similar signs on the land of another, or post similar signs on the land of another (see G.S. 14-159.8).
  • It is considered second degree trespass (Class 3 misdemeanor) to remain on the premises of another without authorization after being told by an authorized party to leave (see G.S. 14-159.13).
  • It is illegal to cut, injure or remove another’s timber (see G.S. 14-135), which could result in double damages (G.S.1-539.1), and larceny of goods such as timber is a Class H felony if the value of goods is greater than $1,000 (see G.S. 14-72).

If trespass is suspected, try contacting the Sheriff’s office or NC Wildlife Resources Commission law enforcement (contact information here). A provision of the LPA allows wildlife officers to enforce trespass laws immediately, instead of having to first obtain an arrest warrant or criminal summons.

SAHC stewardship staff is happy to help with posting boundaries. Contact your stewardship lead, Hanni or Sarah, for assistance.

Put an End to Poaching

nctipThe NC Wildlife Resources Commission has a new poaching enforcement program called TIP – Turn In Poachers. Poaching includes not only the illegal taking of game and fish, but also taking protected plants, trespassing, littering, theft and destruction of property. Depending on the severity of the violation, members who turn in poachers may receive a cash reward ($100-$1,000). You can turn in poachers 4 ways: the internet, a mobile app, text or phone. Learn more about what you can do to stop poaching here.

For our Tennessee landowners, the TN Wildlife Resources Agency (TWRA) offers a reward up to $1,000 for information leading to the arrest and conviction of wildlife poachers. Individuals with information about poachers or poaching activities can contact the TWRA by calling one of the regional offices from 7:00 am until 12:00 midnight, seven days a week. For more information, visit TWRA’s website