State, private road access focus of board

They later discussed with Craig Halla, regional director of Molpus Woodlands Group, about the placement of gates on roads and trails on company property no longer in the Sustainable Forest Incentive Act program.

State forest roads

A sign posting the Boyum Trail in the Koochiching State Forest as a hunter walking trail brought the issue to the county board last week.

Closure to motorized use of that trail and others in Koochiching County began with a mandate by the Minnesota Legislature to determine the appropriate use of trails in state forests and included a public process in 2008.

Hunter walking trails represent just 18.5 miles out of more than 1,100 miles of state forest trails that allow motorized use in Koochiching County. The walking trails represent less than 2 percent of the state forest trails in the county.

Commissioners told Engwall that they appreciate that the Boyum Trail has been opened to motorized use since meeting last week with Larry Petersen, Department of Natural Resources Area Wildlife manager.

While they said they did take some responsibility for forgetting that some roads would be closed to motorized access under the state forest plan, they said the time lag between development of the plan and the closures should have prompted more notification by the state.

Engwall agreed that more communication was needed after the plan and said the plans are evolving.

In the short term, Engwall proposed keeping the Boyum Trail open for deer season with closure to motorized use during the grouse season. Permits would be provided to allow lease holders to access their shacks with motorized vehicles.

In the long term, Engwall said the plan must be revised, which would require an order by DNR Commissioner Tom Landwehr.

“If there are other ideas for hunter walking trails, I would be all ears to hear about them,” he said.

Engwall said he is open to discussing alternative locations for hunter walking trails through the process required to revise the plan.

He said he believed the Boyum Trail could be left open to motorized use while the discussions about designating other trails for walking takes place, but added that he would have to check in St. Paul to be sure.

Board Chairman Brian McBride said discussions about designating other trails for walking have begun with leaseholders near the Boyum Trail. McBride said they have offered to maintain, mow and brush the trails they have suggested be designated as hunter walking trails.

Commissioner Wade Pavleck credited Engwall with improving communication between the DNR and local governments.

Pavleck said he’s realized the great support for hunter walking trails as a result of last week’s discussion, but added that they must be placed in the appropriate areas.

“There’s room enough to do both,” he said of motorized and non-motorized trails.

Pavleck said the restricted trails come on other issues restricting use of land in Borderland. He said a review of the state’s wetland laws appears to be leaning toward removing exemptions allowed in counties, like Koochiching, which have retained more than 80 percent of their presettlement wetlands.

In addition, he said it was recently announced at an Association of Minnesota Counties policy meeting that the DNR plans to ask the state Legislature to review the state’s laws restricting shoreland use.

He said it’s “not good government” to review these issues a short time after agreements with counties have been reached.

“Doing both (shoreland and wetland laws) at the same time is by design to spread us too thin to focus on them,” he said.

Molpus roads

Halla told the board that while he was not at the meeting to debate the company’s decision to place gates at roads not included in the SFIA program, he would answer questions. He also noted that just a few of the roads that have recently had gates installed are in Koochiching County.

He explained to the board that the newly-placed gates are not now closed and access for forest management by counties, the state DNR and the National Forest Service would not be restricted.

The majority of Molpus’ ownership in Koochiching County is now under conservation easements, including the popular Galvine Line and Haney roads, which have allowed for public access in exchange for a lump sum payment to the property owners. He said the company has no plan to do anything different on those lands.

At issue are the payments the company expected through the Sustainable Forest Incentive Act versus public access to the lands that allow for snowmobiling trails, hunting, and other recreational use.

The SFIA program, which once paid Forest Capital Partners more than $2 million for its property enrolled in SFIA, was capped by the Minnesota Legislature in 2010 at $100,000 regardless of the amount of acreage enrolled. SFIA has paid landowners between $7 and $13 per acre per year, but lawmakers set the tax break at $7 per acre and added a cap of $100,000 to any single landowner.

Forest Capital, the former owner of the forests now owned by Molpus, lost at least $1.9 million because of the cap, Sen. David Dill told The Journal last week, who is concerned about the grant-in-aid trail system that allows for continuous snowmobile trails.

The company once had more than 280,000 acres enrolled in SFIA; it now has 128,000 access enrolled because of the cap.

Halla told the board Tuesday that public access comes at a cost for the company. “Changes in tax laws will have changes in use,” he said.

He said the gates have been placed and could be closed when signs that allow the roads to be safely closed are available.

“Because of the risk and liability and the cost to keep the lands open to the public and a tax incentive that has gone by the wayside,” he said of the company’s placement of the gates.

However, Halla said, the company is open to discussing proposed solutions to keeping the property open to the public.

“We are very open to exploring potential opportunities that would benefit the county, state and public,” he said.

Some commissioners asked Halla what the board could do before the Legislature convenes in January when it could consider a solution.

“The governor can’t write a check without the Legislature in session,” said McBride. “What can we do to help the situation?”

Commissioner Mike Hanson said the state did not live up to its covenant with the company when it capped the SFIA payments.

“The truth is Forest Capital and Molpus did not break the contract — the state of Minnesota broke its promise,” he said.

Hanson wondered if the county could discuss with area lawmakers, DNR staff and other agencies how to solve the issue of public access while the company puts on hold its plans to restrict public access.

But Pavleck said he faults the company with putting resorts that rely on snowmobile traffic for a potential loss in business.

“This causes me a lot of anger,” he said, adding that no one is “bigger on property owner rights than me.”

“If the resorts and businesses are impeded, you’ve made an enemy of this commissioner,” said Pavleck. “I will go to no end.... walk softly as you move forward or you’ll make a bigger enemy. The people are not mad at the state.”

Halla said the company is not placing gates out of spite. Instead it is considering the cost of business, he said.

Hanson said he did not want the passion about public access to escalate and suggested the board get support from the Northern Land Use Board and Joint Resources Board to ask the Legislature to restore some of the lost funding.

“That sounds like solutions, and not an ultimatum like I heard earlier,” responded Halla.

Commissioner Rob Ecklund asked if Halla would take part in discussions about solutions with stakeholders while an interim plan is developed.

“Absolutely,” said Halla.

McBride asked Halla to help gather information the board could take to the Legislature and said other information, including impact to businesses should the roads be closed, would be developed.

Commissioner Kevin Adee suggested discussing the issue with other counties.

Engwall added that he personally, and as a DNR staff, sees the value of public access and the potential impact to the grant-in-aid trail system. He said as a snowmobiler, he cares strongly about the issue.

“Now, there is no action this board, the DNR, or anybody including the governor can do to fix this,” said Engwall. He asked the company to “keep the status quo” this fall and winter until the Legislature can act.

Halla said not all solutions need to be complex and that ideas brought forward by Hanson, Adee, McBride and Ecklund were a good start. He also said that something in writing about potential solutions could be brought to his company.

But Pavleck said the solution should come from Molpus.

“If you hurt businesses, you are not a good neighbor — it’s all in your hands,” said Pavleck.

McBride said he heard during the meeting that there are things that can be done to remedy the problem until a solution is found.

“I think so, too,” said Halla.