Vermont Business Magazine The Vermont Supreme Court has reinstated a finding by the Department of Forests, Parks and Recreation that Plum Creek over-harvested trees in violation of its forest management plan. The Attorney General praised the Court’s opinion, which recognized the Department’s central role in setting standards for acceptable forest management practices for landowners who seek the tax benefits of the Current Use Program.
“You cannot enroll for Current Use, pay less in taxes, and then disregard the harvest prescription approved in the plan,” said Attorney General William H Sorrell. “Plum Creek did not comply with its plan, and the Vermont Supreme Court was correct to reinstate the Department’s finding and uphold the Department’s standards,” he said.
Michael Snyder, the Commissioner of the Department of Forest, Parks and Recreation, also praised the Court’s decision: “The Department is very pleased with the Supreme Court’s decision. The Current Use Program is critical to the conservation of forests and ecologically significant areas and to supporting and sustaining the working landscape in the State of Vermont. The Supreme Court’s decision recognizes the importance of the Current Use Program and the necessity of the application of consistent standards in forestry to all enrolled landowners by upholding the Department’s Current Use Program standards. I am especially pleased that this decision recognizes the professionalism and expertise of the Department’s forestry staff and upheld the standard of deference to the Department in such matters.”
The trial court had ruled that Plum Creek complied with its forest management plan, and the Vermont Attorney General’s Office, working closely with the Department, appealed that decision. In today’s 3-2 Vermont Supreme Court ruling, the majority held that the Department’s finding was reasonable and that it furthered policies protecting forests. The Court remanded the matter to the trial court to determine the tax consequences for Plum Creek’s violations.
Vermont AG: Sept 16, 2016