What's happening
This bill creates a tax credit for landowners who enter agreements for forestry stewardship or habitat conservation, covering 25% of property taxes.
Why it matters
Encourages long-term land conservation. By requiring a minimum 5-year agreement with the Department of Environmental Conservation, the bill incentivizes landowners to commit to sustained forestry stewardship or habitat conservation, helping maintain wildlife corridors and healthy forest ecosystems.
Targets sizable, ecologically valuable lands. Only tracts of at least 25 contiguous acres that pass professional inspection for wildlife or habitat value qualify, focusing benefits on larger parcels that can make a significant environmental impact.
Ensures accountability and continuity. Agreements and conservation plans must be recorded with local authorities, and obligations transfer to future owners, reducing loopholes and ensuring that conservation commitments persist even if property changes hands.
Provides financial flexibility. If the tax credit exceeds a landowner’s tax liability in a given year, the excess is refunded (though without interest), making the incentive more accessible and impactful for landowners who may not have large annual tax bills.
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Who cares
Individual and corporate landowners
Owners of eligible tracts of at least 25 contiguous acres could receive a refundable tax credit worth 25% of property taxes paid, capped at $10,000 annually, for conservation or forestry commitments lasting at least five years.
Department of Environmental Conservation
The department would determine land eligibility, enter stewardship and conservation agreements, and set agreement terms and conditions.
Farm owners
Land meeting the agricultural-property requirements when it enters a stewardship or conservation agreement would remain included in the definition of qualified agricultural property for existing tax credits.
Certified wildlife and fisheries biologists
Biologists certified by The Wildlife Society or the American Fisheries Society could inspect land for the department’s eligibility determinations.
Headline styles
Tax Credit for Forest Conservation
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to budget and revenue
- Referred to budget and revenue
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tax Credit for Forest Conservation
In Assembly Committee · Ways And Means · Sponsor Carrie Woerner
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
543
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. STEC -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Revenue
AN ACT to amend the tax law, in relation to establishing a forestry stewardship and habitat conservation credit for personal income and business franchise taxes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 606 of the tax law is amended by adding a new subsection (qqq) to read as follows:
(qqq) Forestry stewardship and habitat conservation credit. (1) In the case of a taxpayer who owns land that is subject to an agreement with the department of environmental conservation, by which such land is committed to forestry stewardship, or habitat conservation, or both, there shall be allowed a credit for twenty-five percent of the real property taxes paid on such land. In no event shall the credit allowed under this subsection in combination with any other credit for such real property taxes under this section exceed the total amount of such taxes paid during the taxable year.
(2) For the purposes of this subsection:
(a) "Eligible tract" shall mean a tract of land of at least twentyfive contiguous acres that has been inspected by the department of environmental conservation, a wildlife biologist certified by The Wildlife Society, or a fisheries biologist certified by the American Fisheries Society, and based on such inspection is determined by the department of environmental conservation to be: valuable habitat for wildlife, fish, shellfish or crustacea; or safe and suitable for fish or wildlife-related recreation, including fishing, hunting, trapping and wildlife observation; or both. Land divided only by federal, state, county or town roads, easements or rights-of-way, or energy transmission corridors or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01404-01-5
similar facilities shall be considered contiguous for purposes of this section.
(b) "Agreement" shall mean a written agreement between the department of environmental conservation and the owner of an eligible tract, executed by both parties, by which the eligible tract is committed to habitat conservation, or forestry stewardship, or both, for a period of not less than five years.
(c) "Approved habitat conservation plan" shall mean a plan, approved by the department of environmental conservation, for the management of an eligible tract which shall contain requirements and standards with which the owner of the eligible tract must comply in order to conserve the value of the land as wildlife, fish, shellfish, or crustacea habitat.
(d) "Forestry stewardship" shall mean participation in a forest certification program (such as Forest Stewardship Council certification, Sustainable Forestry Initiative, American Tree Farm Program, etc.) recognized in the regulations of the department of environmental conservation.
(3) There is hereby created a New York state forestry stewardship and habitat conservation program for the purpose of providing forested lands in the state and conserving the value of land in the state as wildlife, fish, shellfish or crustacea habitat.
(4) A landowner may make application to the department of environmental conservation, on forms prescribed by such department, to have land included in the New York state habitat conservation and forestry stewardship program. If, based on an inspection of the land by the department of environmental conservation, or a wildlife biologist certified by The Wildlife Society, or a fisheries biologist certified by the American Fisheries Society, the department of environmental conservation determines that such land is an eligible tract, it shall notify the landowner that the land is eligible for inclusion in the New York state habitat conservation and forestry stewardship program.
(5) The department of environmental conservation may, in its discretion, enter into agreements with owners of eligible tracts for purposes of forestry stewardship, or habitat conservation, or both. Such agreements shall be for a minimum duration of five years, and shall contain a description of the property that is the subject of the agreement, and such terms and conditions as the department deems appropriate, including, but not limited to:
(a) for forestry stewardship agreements, a description of the participation in a forest certification program for a period of not less than five years;
(b) for habitat conservation agreements, a requirement that the landowner develop a habitat conservation plan and implement the plan for a period of not less than five years;
(c) for habitat conservation and forestry stewardship agreements, a requirement that the landowner develop a habitat conservation plan and implement the plan for a period of not less than five years; and a description of participation in a forest certification program for a period of not less than five years;
(d) a requirement that the landowner's obligations concerning the land under the terms of the agreement, as well as any benefits, shall pass to any successor in interest to such land for the duration of the term of the agreement; and
(e) a requirement that a copy of the agreement shall be duly recorded and indexed as such in the office of the recording officer for the county or counties where the land is situate in the manner prescribed by article nine of the real property law; and that any subsequent instrument of conveyance relating to the property encumbered by the agreement shall reference, by book and page number, the agreement; and that such instrument shall also specify that the property is subject to the restrictions contained in the agreement; and that an instrument for the purpose of creating, conveying, modifying or terminating the agreement shall not be effective unless recorded.
(6) The amount of the credit that may be claimed by a taxpayer pursuant to this subsection shall not exceed ten thousand dollars in any given year.
(7) If the amount of the credit under this subsection for any taxable year shall exceed the taxpayer's tax for such year, the excess shall be treated as an overpayment of tax to be credited or refunded in accordance with the provisions of section six hundred eighty-six of this article, provided, however, that no interest shall be paid thereon.
§ 2. Paragraph 4 of subsection (n) of section 606 of the tax law, as amended by section 2 of part F of chapter 62 of the laws of 2006, is amended to read as follows:
(4) Qualified agricultural property. For purposes of this subsection, the term "qualified agricultural property" means land located in this state which is used in agricultural production, and land improvements, structures and buildings (excluding buildings used for the taxpayer's residential purpose) located on such land which are used or occupied to carry out such production. Qualified agricultural property also includes land set aside or retired under a federal supply management or soil conservation program or land that at the time it becomes subject to a conservation easement, as defined under subsection (kk) of this section, met the requirements under this paragraph, and land that at the time it becomes subject to an agreement as defined in subsection (qqq) of this section met the requirements under this paragraph.
§ 3. Section 210-B of the tax law is amended by adding a new subdivision 61 to read as follows:
61. Forestry stewardship and habitat conservation credit. (1) In the case of a taxpayer who owns land that is subject to an agreement with the department of environmental conservation, by which such land is committed to forestry stewardship, or habitat conservation, or both, there shall be allowed a credit for twenty-five percent of the real property taxes paid on such land. In no event shall the credit allowed under this subdivision in combination with any other credit for such real property taxes under this section exceed the total amount of such taxes paid during the taxable year.
(2) For the purposes of this subdivision:
(a) "Eligible tract" shall mean a tract of land of at least twentyfive contiguous acres that has been inspected by the department of environmental conservation, a wildlife biologist certified by The Wildlife Society, or a fisheries biologist certified by the American Fisheries Society, and based on such inspection is determined by the department of environmental conservation to be: valuable habitat for wildlife, fish, shellfish or crustacea; or safe and suitable for fish or wildlife-related recreation, including fishing, hunting, trapping and wildlife observation; or both. Land divided only by federal, state, county or town roads, easements or rights-of-way, or energy transmission corridors or similar facilities shall be considered contiguous for purposes of this section.
(b) "Agreement" shall mean a written agreement between the department of environmental conservation and the owner of an eligible tract, executed by both parties, by which the eligible tract is committed to habitat conservation, or forestry stewardship, or both, for a period of not less than five years.
(c) "Approved habitat conservation plan" shall mean a plan, approved by the department of environmental conservation, for the management of an eligible tract which shall contain requirements and standards with which the owner of the eligible tract must comply in order to conserve the value of the land as wildlife, fish, shellfish, or crustacea habitat.
(d) "Forestry stewardship" shall mean participation in a forest certification program (such as Forest Stewardship Council certification, Sustainable Forestry Initiative, American Tree Farm Program, etc.) recognized in the regulations of the department of environmental conservation.
(3) There is hereby created a New York state forestry stewardship and habitat conservation program for the purpose of providing forested lands in the state and conserving the value of land in the state as wildlife, fish, shellfish or crustacea habitat.
(4) A landowner may make application to the department of environmental conservation, on forms prescribed by such department, to have land included in the New York state habitat conservation and forestry stewardship program. If, based on an inspection of the land by the department of environmental conservation, or a wildlife biologist certified by The Wildlife Society, or a fisheries biologist certified by the American Fisheries Society, the department of environmental conservation determines that such land is an eligible tract, it shall notify the landowner that the land is eligible for inclusion in the New York state habitat conservation and forestry stewardship program.
(5) The department of environmental conservation may, in its discretion, enter into agreements with owners of eligible tracts for purposes of habitat conservation, or forestry stewardship, or both. Such agreements shall be for a minimum duration of five years, and shall contain a description of the property that is the subject of the agreement, and such terms and conditions as the department deems appropriate, including, but not limited to:
(a) for forestry stewardship agreements, a description of the participation in a forest certification program for a period of not less than five years;
(b) for habitat conservation agreements, a requirement that the landowner develop a habitat conservation plan and implement the plan for a period of not less than five years;
(c) for habitat conservation and forestry stewardship agreements, a requirement that the landowner develop a habitat conservation plan and implement the plan for a period of not less than five years; and a description of participation in a forest certification program for a period of not less than five years;
(d) a requirement that the landowner's obligations concerning the land under the terms of the agreement, as well as any benefits, shall pass to any successor in interest to such land for the duration of the term of the agreement; and
(e) a requirement that a copy of the agreement shall be duly recorded and indexed as such in the office of the recording officer for the county or counties where the land is situate in the manner prescribed by article nine of the real property law; and that any subsequent instrument of conveyance relating to the property encumbered by the agreement shall reference, by book and page number, the agreement; and that such instrument shall also specify that the property is subject to the restrictions contained in the agreement; and that an instrument for the purpose of creating, conveying, modifying or terminating the agreement shall not be effective unless recorded.
(6) The amount of the credit that may be claimed by a taxpayer pursuant to this subdivision shall not exceed ten thousand dollars in any given year.
(7) If the amount of the credit under this subdivision for any taxable year shall exceed the taxpayer's tax for such year, the excess shall be treated as an overpayment of tax to be credited or refunded in accordance with the provisions of section one thousand eighty-six of this chapter, provided, however, that no interest shall be paid thereon.
§ 4. Paragraph (d) of subdivision 11 of section 210-B of the tax law, as added by section 17 of part A of chapter 59 of the laws of 2014, is amended to read as follows:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the tax law, in relation to establishing a forestry stewardship and habitat conservation credit for personal income and business franchise taxes
Purpose
To establish a forestry stewardship and habitat conservation credit for personal income and business franchise taxes for landowners in New York State.
Summary of provisions
Section 1 - Adds a new subsection (ccc) to section 606 of the tax law to establish the forestry stewardship and habitat conservation tax credit of twenty-five percent of the allowable school, county and town property taxes. This section provides for the definition of eligible tract, agreement, approved habitat conservation plan and forestry stewardship.
Section 2 - Amends paragraph 4 of subsection (n) of section 606 of the tax law, as amended by section 2 of part F of chapter 62 of the laws of 2006.
Section 3 - Adds a new subdivision 49 to section 210-B of the tax law to provide for the forestry stewardship and habitat conservation tax credit
Section 4 - Amends paragraph (d) of subdivision 11 of section 210-B of the tax law, as added by section 17 of part A of chapter 59 of the laws of 2014.
Section 5 - Amends subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xli).
Section 6 - Contains the effective date.
Justification
Forest landowners contribute to the public interest through positive stewardship of their lands. Growing property tax burdens and shifting of the assessment burden onto private forest lands is creating greater pressures for development and/or sale of the property. Many studies have documented the increase in fragmentation of our forested landscape and the implications this has for wildlife, water management, biodiversity, and our forest-based economy:
This forested/open space tax credit is intended to reduce forest frag- mentation, increase the economic contributions of our forests and support private stewardship efforts by individual owners, families and businesses.
Legislative history
2023-2024: S31 referred to Budget and Revenue; A161 referred to Ways and Means
A787 of 2021: Referred to Ways and Means
S5181 of 2021: Referred to Budget and Revenue
A.2296 of 2020 Referred to Ways and Means.
S.1939 of 2020 Referred to Investigations and Government Operations.
A.8178 of 2016: Referred to Ways & Means.
A.4512 of 2014: Held for Consideration in Ways and Means.
S.1005A of 2014: Passed Senate.
A.4512 of 2013: Referred to Ways and Means.
S.1005 of 2013: Referred to Investigations and Government Operations
A.152A of 2012 Held for Consideration
S.346A of 2012 Passed Senate.
S.326 of 2010: Investigations and Government Operations;
A.563 of 2010: Ways and Means.
S.5538a of 2008: Investigations and Government Operations.
Fiscal implications
When fully implemented, this act would reduce State revenue by $3 million annually.
Effective date
This act shall take effect immediately.
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