Local Councils May Intervene on Private Forest Land and Sell Extracted Timber

Valencian local councils will be empowered to intervene in private forest properties if owners fail to maintain them, even selling the timber to offset intervention costs.

The management of forests in the Valencian Community is set for a significant shift. Trinc a summer marked by devastating fires, the second most destructive of the decade, a new forestry law proposal has been pushed forward. The objective is clear: to improve the prevention and maintenance of forest areas, both public and private, to prevent catastrophic scenarios from recurring. The regulation, aiming to update laws from 1993 and 2003, introduces measures that grant municipalities more tools.

## Intervention on Private Properties

One of the most notable innovations is the possibility for local councils to intervene on private properties. If a property owner fails to maintain their land adequately, and after a prior warning is ignored, the council may temporarily access the property. This will occur provided a basic forest management model is in place and it is confirmed that the land poses a risk to safety and stability, with "imperative reasons of first-order public interest" also present. The intervention will be limited to necessary actions, without altering ownership or the owner's rights. Owners will be obliged to permit access and collaborate, and judicial authorization may be required if obstacles arise.

## Selling Timber to Cover Costs

But how will these interventions be financed? The law provides a way to compensate for expenses. Forest products with market value obtained from these properties, such as timber, may be sold. The proceeds from the sale will be used to "totally or partially offset the costs incurred" by the council. In some cases, the timber could even remain with the company responsible for the work, if agreed upon in the contract. However, a limit is set: the council cannot "unjustly enrich" itself, meaning it cannot profit from the activity. The sale is proposed as a method to reduce cleaning and management costs, not as a new source of municipal revenue.

## Management in the Absence of Owners

The abandonment of forest properties is a complex problem, often aggravated by the difficulty of locating owners. The new law addresses this situation by allowing the council to temporarily assume the management of a property when the owner cannot be found. This administration will be carried out "in a fiduciary capacity" and for reasons of general interest, continuing until the owner appears and proves their right. Furthermore, a council may apply the same management model to all forest lands within its municipal boundaries, regardless of ownership, prioritizing actions based on risk and needs.

## Urgent Action Zones and Environmental Benefits

The law also establishes so-called "urgent action zones." These areas will be declared in locations with a high risk of fire, affected by pests, lacking natural regeneration, or with severe ecological disturbances. In these zones, specific actions and deadlines will be set, and incompatible uses may even be limited or prohibited for the strictly necessary period. To encourage conservation, a payment system for property owners and managers is introduced for the environmental benefits their forests provide. A "compensatory premium per forest hectare" is planned to remunerate sustainable management practices. As a preventive measure, extensive grazing is recognized as a tool against fires, especially in protection zones and near infrastructure.