TreeLine : a GROWS newsletter, Vol. 1, no. 1 (2004)

AGROWS Newsletter Volume 1, Issue 1, 2004

T his is the inaugural issue of the GROWS newsletter, TreeLine. We have launched this newsletter to keep up a timely information flow to you. Our former method of communication, the Georgia Forestry magazine, has regrettably been suspended by the Georgia Forestry Commission due to state budget cuts.
Adversity can build opportunity, however. We hope you enjoy this newsletter, and will be sharing a special opportunity for GROWS members to receive the fullcolor Forest Landowner magazine from the national organization Forest Landowners Association. Look for more information on this to come to you in the next few weeks.
We will continue to share the same land management and stewardship information in this newsletter that we shared in the center "Forest Stewardship" pages of the Georgia Forestry magazine. As always , we welcome your suggestions on topics you would like to see covered. Give me a call at 706-3431124 to share your ideas.
Sincerely yours,
Karen Johansen Director, GROWS
Georgia Recognizes
Our
Woodland Stewards

A Visit to
Apalachee
River
Farm: An
Award-
Winning
Property
Hidden carefully on the far side of a gentle rise and miles from highways or even a small town, Tom and Peggy Bruckner's home invites the eye to come closer. It is a reproduction of an 1820's Federal Piedmont Plain house, which Peggy designed. They built the chimneys to look like old ones they found pictures of, and they do look old, another proof of the quality approach these two have taken towards everything in sight.
The property owned by these winners of the Certified Forest Steward Award was a project big enough to take all their energies for several years. It is 130 acres which had had rough treatment. "You've heard of best timbering practices? This property was the worst;' Tom Bruckner noted as he sat at the family kitchen table. Trees had

been knocked over and left to rot, stumps were everywhere, ruts abounded; there was no discernable wildlife around; the glorious river frontage was cluttered by a blackberry cane thicket and a steep slope.
They have owned and improved it for the past 12
They became involved in
the GROWS program
because they saw a
GROWS sign in their
neighbor's yard and asked
about it.
years, and it shows. They decided to call the property Apalachee River Farm for the river which borders one side of the property. With 61 acres of pine, 15-20 acres of pasture, and the rest in hardwoods, the Bruckners knew that they had rich resources, despite the condition of the land. They became involved in the GROWS program because they saw a GROWS sign in

their neighbor' yard and asked about it. A local wildlife biologist created their wildlife plan and put them in touch with GFC Senior Forester James Johnson to get a management plan for the rest. After a few years of hard work, they were awarded the coveted title of Certified Forest Steward.
Their approach involves what GROWS stands for. As Peggy puts it, any plan for land should "Make the needs of man compatible with the needs of nature." So, obviously, they conserved the grasses and habitat of the American Goldfinches on the property, who eat seeds from these plants. They were careful not to bush hog certain areas during nesting season. Today they have wild turkey, raccoon, fox, gray squirrel, fox squirrel, deer, and many migratory birds (cedar waxwing, various waterfowl, and others). The land feeds them all. Areas with blueberries, native hollies, muscadine, sparkleberries, persimmons, wild grapes, wild plums, hickory and buckeye trees, and sumac were left intact and encouraged. The Bruckners developed trails through the property from the skid trails left after a timber harvest. One logger helped them with this project and then cleaned up afterwards. Together they chose to leave properly located "loading docks" of flat, cleared areas throughout so that when they cut again, machinery can do its work without such devastating results. They have also invested in precommercial thinning to improve the natural pine acres.
The GROWS program helps landowners and managers who want to share and receive ideas to help them take care of their land. It is a multiple resource management approach, including recreation, timber, soil, wildlife, water, and aesthetics management. The Bruckners have certainly worked hard to conserve as well as preserve what they had and to enhance what they have got now. Their Certified Forest Steward Award recognizes their work, noting their exemplary conservation of all elements of their property. With their mile long and half a mile wide property, they have developed "micro climates" in various areas of the 130 acres. They have rapids on both ends of the river property, grassland, wooded areas, cultivated areas, borders of grass in the fields, food plots for the wildlife, and carefully managed trails for walking and riding their four wheeler. My tour of the land occurred when Peggy drove me through much of it on the four

wheeler on a cloudless fall afternoon. This mode of transportation offered the best view of everything, including enough quiet to enable us to scare several deer as we came around a stand of brush. I came to understand why Peggy, retired from IBM as a National Marketing Manager, and Tom, former Staff Pharmacist for Kaiser Permanente and independent pharmacist, loved this property so much. It is beautiful and still holds great potential for further management. But it already reflects their considerable achievements, and they can see these every time they ride or walk down to the river with their dog to spend time in a mini-cabin they built there for enjoying the sights and sounds of the Apalachee River. When Peggy notes that they are both "goal oriented;' she isn't kidding! Tom learned an appreciation for gardening from his father, while Peggy learned from her grandfather. Some of the plants around their beautifully landscaped home were transplanted from Tom's mother's house in Michigan. One of these is a Michigan Yucca. Peggy also brought plants with her from her grandfather's Greensboro, NC house. Their dedication to conservation has deep roots- no pun intended. But together they have studied and provided for wildlife. Even in the Atlanta suburb of Marietta, Tom and Peggy did such an outstanding job of planting their property with wildlife needs in mind that they were recognized in Gardening for Wildlife magazine. Since they had only a half an acre there, they quickly realized that their vision needed more land. That was when they began looking for more and purchased the 130 acres of Apalachee River Farm. Plans for the future include continued tree thinning, expansion of the bobwhite quail program they have started, and encouraging others to get into the GROWS program. As Tom said, "We wish we'd been involved years ago." Peggy added, "People have to be educated, and that is what GROWS does." They have nothing but praise for the Stewardship Program and the plan that goes with it. It helped them do what they have so brilliantly done. In Peggy's words, "We wanted to bring nature back- to help it along." That is an understatement of what Peggy and Tom Bruckner have accomplished at Apalachee River Farm. If only every plot of Georgia forest could be so lucky!
- by Dr. Sarah Bell

2 Treeline March 2004 Georg ia Recognizes Our Woodland Stewards

Wildlife "'
Eoods
Possum Haw
This large -shrub or small tree) is admittedly one of my favorites native to the Georgia Piedmont and Coastal Plain. The deciduous leaves shed in Autumn, revealing the attractive scarlet fruits and smooth, gray bark. The

fruits persist well into winter, providing a good food source for a variety of wildlife species.
Many songbirds utilize the fruit of possum haw. These species include bluebird, catbird, mockingbird, phoebe, robin, wood thrush, pileated woodpecker, towhee, and brown thrasher. Our gamebirds such as mourning dove, wild turkey, and bobwhite quail find the soft fruit a welcome food source late

in the season when many other foods are depleted.
Deer, bear, raccoon, and both gray and fox squirrel also make use of the fruit. Because of the wide variety of wildlife species attracted to possum haw, and because of its picturesque growth habit and attractive fruit color, possum haw is a desirable addition when landscaping with wildlife in mind. Partial shade and good soils make for a particularly attractive display.

Several heavy-fruiting cultivars of possum haw, including "Reed" and "Warrens Red'; are available in nurseries. Possum haw, like all hollies, fruits only on the female plants. The named cultivars are purchased as female plants, but nurseries often will have unnamed male plants available to ensure good pollination, and thus good fruit production.

Georg ia Recog n izes Our Woo dl and Stewa rds Ma rch 2 0 0 4 Tree lin e 3

VACANT LAND UABIUTYVS. HUNTING LEASE LIABILITY
andowner who leases hunting rights to a private club may ask if he is adequately protected under the club's
unting lease liability policy. Depending on the insurance company underwriting the policy and the scope of coverage written on behalf of the club and its members, the answer is usually a qualified "yes." Most policies written specifically for not-for-profit hunting clubs by specialty insurers do a good job of extending protection to the landowner/lessor for his liability arising from not-for profit hunting activities on his land. This means that the company insuring the club will also defend the landowner, as an Additional Insured, if he is named in an action alleging legal liability on the part of the club, resulting from bodily injury or property damage to a third party, or certain other events. The key point here is that the incident that brings about injury or damage must be related to the club's activities on the leased land. If the policy is properly structured, the hunting club and landowner will probably "share" the club's policy limits in the event of a claim settlement or judgment involving a monetary award to a plaintiff.
Year-round liability coverage for incidents that are unrelated to hunting club activities is not extended to the club or the landowner through the hunting lease liability policy. Therefore, it may be necessary for the landowner to turn to a separate general liability policy designed for other land ownership exposures. In fact, landowner liability policies of this type will typically exclude hunting lease exposures of any sort because they are considered to be related to a commercial transaction - the lease agreement itself. Ideally, the two coverage forms - one covering hunting lease activities, the other covering non-commercial exposures - will effectively "dovetail" to create more comprehensive liability protection. While hunting lease liability is still readily available through various sources, it can be difficult in today's tight insurance market for a landowner to find reasonably priced GL coverage that provides an acceptable degree of protection of his assets.
Those specialty insurance carriers that do offer landowner liability coverage commonly use an acreage-based Vacant Land liability classification (a rating and risk identification technique) to determine annual premium and to define the scope of coverage provided. The policy will likely contain many of the same limits and features as a hunting lease

liability policy, but standardized language will exclude commercial activities that take place on the land. Operating on the insurance principle that says: "If it isn't excluded, it's covered;' just about anything else common to vacant land ownership should be considered an insured exposure. For example, the policy should cover liability arising from the existence of some types of structures, preferably including unoccupied dwelling, as well as ponds, lakes or other bodies of water. The landowner should be asked to notate, on a checklist that is part of the insurance application, special characteristics of his property that may be considered potential liability hazards. The doctrine of "attractive nuisance" may come into play in claims related to trespassers, particularly children, who could be drawn to these dangerous, but perhaps irresistible attractions. Docks, abandoned equipment, old dumps or landfills, wells, dams and spillways are examples of potentially hazardous areas that must be identified. The underwriter may require that these sites be carefully marked (perhaps fenced or otherwise secured), or eliminated entirely before he agrees to offer a quote and bind coverage. By not carefully identifying all such known hazards the landowner risks having a claim denied or his policy non-renewed.
HOMEOWNERS INSURANCE VS. GENERAL LIABILITY
T here can be an important distinction between coverage provided to a landowner under his homeowner's policy as compared to protection under a general liability policy written specifically for vacant land. Land that is truly vacant - meaning there are no dwellings or other manmade structures present - may be adequately insured under many standard homeowner's policies. There are a few pitfalls to be aware of, however, when reviewing such a policy for vacant land coverage. Basic policy language often defines vacant land as being "other than farm land." If timber is grown on insured land with the intent of periodic harvest, then the question may be raised as to whether this is a farming operation. The landowner's best interests will be served if the agent who sells and services the policy will document in writing that liability arising from forestland ownership will not be excluded or otherwise restricted based on timber being considered a farm crop. The same caution should be exercised when the landowner changes insurance companies or agents.

4 Treeline March 2004 Georgia Recogn izes Our Woodland Stewards

The landowner should pay special attention to abandoned dwelling and other structures on his property. These may include old barns and out-buildings, sawmills and storage sheds. An appeals court decision some years back held that vacant land was defined as "land unoccupied, unused and in the natural state." A liability claim arising from injury to a third party involving an undisclosed structure on the property was denied by the carrier and supported by the court on the grounds that the insured land was not truly vacant. Not all carriers or underwriters hold to such a restrictive definition of vacant land. Avoid possible misunderstandings (or worse) by questioning your insurance representative on these points and others of concern to you before buying or renewing a policy covering your land. Beyond making an informed insurance buying decision, landowners must address potential liability claims with a common sense approach and a basic understanding of liability and risk management.
As a general rule, those using your land will fall into one of three categories:
1) Trespassers. Landowners owe a lesser degree of responsibility of care or duty to warn adult trespassers. They may not, however, willfully injure a trespasser or show reckless disregard for his safety.
2) Licensees. These are people who have permission to be on the property, but whose presence does not benefit the landowner. The landowner is required to exercise reasonable care to prevent harm and to warn of potential hazards. An example of an invitee would be a non-paying guest of the landowner who is hunting or camping with his permission.
3) Invitees. These are persons who provide an economic benefit to the landowner. Examples would be hunting club members or other paying recreational users of the property. This class requires the highest standard of reasonable care to make safe or mark potential hazards.
Responsible landowners may reduce the likelihood of liability suits by following these basic safety guidelines:
Clearly mark property lines and keep receipts from purchase of posted signs.
Do not use chain or cable gates unless they are visibly and permanently marked with reflective material (preferably on PVC pipe covering the cable or chain).
Regularly inspect and maintain your property. Repair or destroy dilapidated structures, including old
wooden tree stands or towers.

Document all warning and safety measures you have completed and make all such notes a part of your permanent record.
Ask your consulting forester to help identify potential hazards.
The idea is to document that you have attempted to act in a responsible manner and have taken appropriate steps to prevent bodily injury and property damage. Other contingencies involving use of your land should be discussed with your lawyer or agent before entering into lease agreements or other contracts. Some examples are.
- Leases offered to hunting clubs that also allow yearround recreational use of the land.
- Clubs that conduct fund-raising activities on leased land. - Use of horses, ATVs and watercraft by club members,
their families or guests. - Liability issue concerning logging operations should be
addressed before those operations begin.
INCIDENT REPORTING
Finally, if your land is leased to others for hunting or other recreational activities, strongly encourage your lessees to report any incident involving bodily injury or damage to someone's personal property. Both you as the lessor and the club's insurance carrier must be notified as quickly as possible following any such occurrence. Insurance company claims representatives urge clubs to report incidents without making judgments about whether coverage applies or if a claim will result. Delays in incident reporting can prove costly. Attempts to avoid perceived negative consequences of reporting an incident, however minor, may bring about the action the lessee hopes to avoid. Underwriters think twice before renewing a hunting lease liability account that has been remiss in incident reporting.
- by Stephen A. Murray Outdoor Risk Services, Inc. Bluffton, South Carolinaincident reporting.
Submitted to "Hunt Club Digest;' March 19, 2003
Author's note: The author is not an attorney at law and in no way presents information contained in this article as specific legal advice.
This article is an updated version ofan article written by the author for "Forest Landowner," March/ April 1997, 31st Manual Edition, published by Forest Landowners Association. Reprinted with permission ofthe publisher.

Georgia Recognizes Our Woodland Stewards March 2004 TreeLine 5

The Georgia Forestry Association: At Home, In Our New Home

GPA Releases 2004 Landowner Meeting Schedule

Forsyth became the new home for the Georgia Forestry Association on October 16, 2003. For the first time since its founding in 1907, GPA is based outside the Atlanta metropolitan area. But with the state Capitol a scant hour's drive away, legislative activities on behalf of the forestry community will remain a central focus of the Association, its officers and staff
The Forestry Center was built and occupied less than nine months after groundbreaking ceremonies - on time and on budget. The 6500 square foot facility will house administrative offices for the Association and its sister organization, the Georgia Forestry Foundation, and will serve as GFA's education center. Space is provided for a library, museum, auditorium, and in-and outdoor classrooms. Wood construction materials used in the structure came from Georgia-grown trees.
GPA will push an aggressive legislative agenda in the 2004 Georgia General Assembly, addressing a broad span of forestry issues that includes removal of limitations on conservationuse ad valorem tax assessments and water use. The Board voted to support a constitutional amendment to extend the benefits of the Conservation Use Valuation Assessment commonly called "CUVA'' - to all eligible forestland and to all ownership categories. In addition, GPA will support legislation to establish a mechanism for ensuring certainty of existence and ownership of carbon units in carbon trading by creating a Carbon Registry for Georgia. GPA will also support a bill that provides a $1000 state income tax credit for reforestation expenses.
Please contact the GPA office if you have any questions. GFA's new phone number and address are (478) 992-8110, P.O. Box 1217, 551 North Frontage Road, Forsyth, GA 31029. There is no change in the 800 number (1-800-9-GROW GA) or in the e-mail address (info@gfagrow.org).

The Georgia Forestry Association announced its plans to host 18 landowner meetings across the state between April and October in 2004. GPA is excited about the upcoming year and the opportunities the landowner meetings will present for the education, development and growth of membership.
GPA will work with landowners to develop appropriate and timely topics for the 2004 meetings. "It is important to develop topics of interest to landowners so the meetings will continue to be a success. The best way I feel to accomplish this is to include landowners directly in the planning process;' said Robbie Haranda, Chairman of the Membership Services Committee.
GPA members will receive reminder notices closer to the dates of the meetings in their area. The schedule below is provided so you can mark your calendars and make plans now to attend.

# Date
April 8 2 April 15 3 April 29 4 May6 5 May 18 6 June 15 7 June 24 8 July 27 9 August 3
10 August 1o
11 August 19 12 August 31 13 September 9 14 September 16 15 September 23 16 October 5 17 October 14 18 October 26

Meeting Location
Gainesville Baxley Carrollton Louisville Albany Midway Waycross Bainbridge Athens Valdosta Columbus Forsyth Dublin Fitzgerald Thomson Americus Statesboro LaFayette

Graphic Design by Great Works Creation Co: gwcreations.com