SWOAM Public Policy Statements
Public Use of Private Forestland
The Small Woodland Owners Association of Maine (SWOAM) promotes the stewardship of privately owned forestland. Stewardship includes managing lands in a manner that promotes multiple societal benefits, among which are an endless source of forest products, maintenance of clean ground and surface waters, habitat to sustain populations of all native plants and animals, and public access consistent with the landowners objectives. We believe that public access can be compatible with private ownership provided that the users of the land demonstrate the utmost respect for the landowner and the landowner’s property.
SWOAM desires to participate with other organizations to promote understanding and cooperation, to resolve differences and to foster respect for private property. We encourage recreational users to ask permission prior to accessing private land. The decision to allow or restrict access to private property is a fundamental right of the individual landowner. While the common terms "traditional use" and "customary use" may be descriptive of a historic pattern, they should not be embodied in state law. The trespass laws should be vigorously enforced to prevent unauthorized use and to discourage the abuse of private lands by the few whose behavior motivates landowners to close their lands to everyone.
We encourage the interaction of clubs and groups to work with landowners, individually or with organizations like SWOAM, to foster a cooperative atmosphere between users and private landowners.
User Responsibility
Users of private forestland must take responsibility for their own actions to ensure they and others who are using the land do so in an appropriate manner and in a way consistent with the landowners’ wishes. When in doubt, users should ask.
Sportsman clubs, recreational associations and government should do more to encourage the public to understand that use of the forestland is a privilege allowed by the owner and not a right. Law enforcement officials must take trespass and damage to forestland by users seriously.
Keeping Forestland Available
Part of the answer to public use of private forestland is to encourage long-term private ownership of forestland. As more forestland is converted to other uses, the challenge of public use of private lands to both the landowner and user gets more complex. More people wanting to recreate and less forestland being available, can lead to increasing dissatisfaction among both groups. Regulations, policies, taxation and rules should encourage, and not discourage, landowners to keep their land in forestland.
SWOAM supports Tree Growth and Open Space as alternatives to ad valorem taxation. These programs are essential to control sprawl, to maintain the working rural economy, to protect wildlife and plant habitats and to help ensure the continued existence of private lands that can be available to the public. While we support the development of opportunities for the public to use private land, SWOAM strongly opposes requiring public access to lands enrolled in these programs.
Land in our Land Trust Program
SWOAM has an active Land Trust program. The purpose of the program is to: Provide a tool to teach forest management practices; Protect currently productive forest lands by reducing taxes on landowners; Ensure the long term management of forested lands; and to Encourage and demonstrate the use of best forest and wildlife management practices.
Lands in our Land Trust program on which we hold an easement are subject to the terms of the specific easement regarding public use. In general, easements do not specifically allow for nor do they prohibit most public uses of the easement property. Lands held in fee by SWOAM are generally open to all appropriate public uses. Because most of the fee lands result from donations, SWOAM is guided by the terms of the deed. While we reserve the right to restrict use of Land Trust properties to protect the resources, we will generally permit public non-motorized use of our lands.
With the recent changes to the ATV laws of Maine requiring landowner permission, SWOAM hereby adopts the following policy:
Except in specific limited situations as approved by the Executive Committee, individual permission for use of an ATV on lands under the ownership of SWOAM shall not be granted. SWOAM will consider requests from clubs or groups to identify specific locations where ATV use could be compatible with the purposes of the Land Trust. If permission is granted it shall be through written agreement with a club or group that will have the responsibility to ensure that the terms of the agreement are met.
Adopted on October 12, 2004
