Access for logging

[woodtroll]

In all your different areas, who sets up access agreements to cross private land for a timber sale? The seller, consultant (if private), buyer/logger?

[Gary_C]

I am just looking at a state sale with access problems now. What the MN DNR usually does on state property that has no public access is to talk to the private landowner to see if they will grant access and then put the landowner's name and phone number in the sale notice and leave it to the logger to make his own arrangements. None of the loggers like this arrangement, myself included so you can bet the sale will be heavily discounted.

I have never cut a job like this and do wonder what is normal payment required for access.

I believe in MN as well as most states, if you have a landlocked parcel of land, you can get the courts to grant access with a road from the easiest and shortest route. That may be something that is used to negotiate access terms for long term use.

[Ron Wenrich]

On a private sale, its the consultant's responsibility.  If bought privately by a logger or mill, then it's theirs.  The exception is if the landowner wants to take the responsibility.

I think any timber that is put on sale should have all those things taken care of.  Afterall, that's part of the sale that consultants get paid for.

[Tillaway]

Ditto with Ron, we usually set up a sample agreement that the purchaser of the timber executes with the landowner.  It will have all the details worked out regarding fees, road specifications, vacating / blocking and any timber cut on the landowners property.  The purchaser pays those fees and enters into the agreement with the landowner.  The agreement becomes part of the timber sale contract.

[woodtroll]

If there is an agreement with the landowner and contractor, who administrators the contract?

[Gary_C]

On most of the sales here with access problems, the adjacent landowners already have field roads that will take you to the tract. So it may only be paying for use of existing roads and maybe cutting and repairing a fence.

What are the normal fees for access that are charged?

[woodtroll]

I have not found a "normal" yet. It may be loads of rock to maintain a road or improve a road. I have also had plenty of neighbors who allow access in good faith. Fix like it was or better. This is changing. New small landowners want more and give less.

[Ron Scott]

It may depend upon the specific situation and parties involved. The responsible party may be the consultant, the landowner, or the logger depending upon jurisdictions, etc. Whatever the situation, the terms of the access road are spelled out in the timber harvest contract and administered by the consultant.

Always have the legal access and right-of-ways determined and authorized before hand with the required tempory use permit, right of way, easement etc. documented.

I've had fees run anywhere from $75.00 - $1,000 plus performance bonds depending upon the parties, terms, and circumstances involved. Some are simple and some are difficult depending upon the landownerships invoved.

[woodtroll]

As a consultant I handled all the paper work, agreements and administration.
One state I worked for we set up the access also along with the road package.
In the area I am working in now, the tendency is the buyer sets up access (which is new to me).
But this trend is changing. More new landowners with smaller acreage means harder access.

[Ron Scott]

Yes, the continued land fragmentations of timber lands often makes access for timber harvesting much more challenging. One uncooperative landowner can stop or hold up a timber harvest for some time if they control the only suitable access.

Some jobs may need to be forgotten due to the access costs, excessive requirements, and loss of markets due to delays in getting an approved access.

Getting access across National forest systems lands often takes a year or more due to their needs of public involvement, environmental accessments, permit requirements, mitigation measures required, etc.

[cantcutter]

I had two jobs with access issues and after looking through deeds of the surrounding properties found right-of-ways for both.... You may start with the town clerks office.

[SwampDonkey]

If your up against a certain mill, which will remain nameless, a good lawyer will get access to your timber. Crown reserves that never existed, all the sudden appear on the route they want to take to access their timber and often a gate gets erected and locked. Old existing line evidence often times gets invalidated and a new one gets cut and blazed. 

Most land owners in my area make no contractual agreement with adjacent owners and their loggers to use their roads. They usually grant access if the people doing the logging have a good reputation and often if they are not known they will get access as well. To my knowledge, no woodlot is without access. But, often it requires building a road on that designated access or if it's too difficult to build, the neighbor allows access. If not than there isn't much that you can do. Most neighbors get along pretty well. Usually some one who makes it difficult has a chip on his shoulder from bad experiences. I can only think of a couple people over the years that wouldn't grant access. What dad ran into once was a logger that thought he could build his road up through our potato field until dad showed him where the road was going to be. After the guy was all done up there he had stole wood from every surrounding woodlot that adjoined his harvest lot.  :