How To Lease A Sugarbush

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1 Part C: Planning a Maple Syrup Operation Leasing Of A Sugarbush Extension Maple Syrup Digest Kenneth Bascom Vol. 12, No. 1 February 1973 REF# 078 Near automation in the sugar house, the replacement of buckets by tubing, and the use of sap pumps have combined to bring about a drastic change in the sugar bush. The evaporation of sap is no longer as much of a problem as obtaining enough of it to utilize the full potential of the well equipped modern sugar house. Few family farms have sufficient numbers of maples to provide this much sap; therefore, the operator must either (1) buy sap, (2) use trees owned by another, or (3) both. On the home farm we found years ago that neighbors had unused maples that were actually more accessible to us than some of our own. Soon we were tapping these under simple unwritten agreement with these landowners and with a varied level of payment. One party received 5c (later increased to 7c) per tap for the use of forest trees. Others accepted a gallon of syrup each year for the use of 100 to 200 roadside trees. Another with an unusually good 700 tap lot receives $200 plus one gallon of syrup as his payment also found son number one ambitious to build the home business to a level that would support two families. This meant not only adding equipment at the sugar house but finding and leasing thousands of trees under some arrangement that would, by formal and written agreement, insure us the right to use them year after year, continuously. Tubing, tanks, pumps, and perhaps a truck would involve considerable cash outlay and many man hours of labor. Some of the lots would need the removal of evergreens. To get deeply involved only to have a landowner shut us out was much too great a risk to take without well considered formal leasing. As of January 1973 we have signed leases with four landowners and much new tubing is in place. No two leases are exactly alike as no two sugar bushes or two land holders are quite alike. The purpose of each lease is protection for both parties. To avoid misinterpretation it is written in sections, which, in abbreviated form, are as follows:

2 Section 1. Date that lease takes effect, full names of landowner and renter, and termination date of the lease. Our shortest lease is 5 years, the longest ends on June 1st Each has an option to renew. Should landowner desire not to renew he must notify renter in writing no later than June 1st of the year prior to termination date. Section 2. Land Use, states that land is rented only for removal of sugar maple sap, coniferous growth may be removed by renter, a mutually agreed upon program of weeding and thinning may be undertaken, and no sawlogs may be cut without landowner consent. Also stated ( and you may find these controversial ) are: 1. Tapholes will be at least 6" from previous years. 2. Trees under 9" d.b.h. will not be tapped, there will be only one tap on 9" to 13" trees, 2 on 14" to 18", 3 on 19"-23", 4 on 24" - 28", 5 on larger ones. (This I dislike, who wants to use a tape measure?) 3. Present paraformaldehyde pellet will not be used, however should research produce a substitute proven not to injure trees, renter may use same at own discretion. 4. Renter may code trees with paint and may keep storage facilities, piping, and tubing on landowner's property year-round. Section 3. Payment: Amount, inflation - deflation, time. Renter shall pay 10c per tap for 1973 season. Each year thereafter, to compensate for inflation or deflation of value of sap amount of payment shall be tied to that year's delivered sap price at K. Bascom's sugar house or, at landowner's option, to price printed in annual N. H. Forest Market Report delivered 2.0% sap is at 7.2c per gallon. After 1973 for each 0.1c increase or decrease in price the payment per taphole shall increase or decrease an equal amount. Example: (If 2.0% sap were 8.2c per gallon, landowner gets 11c per tap) One half the payment is due by June 1st balance by December 1st Section 4. Liability: Says in effect that renter assumes all responsibility and liability for accidents occurring to himself or his employees. Section 5. Renter agrees to: 1. Follow approved sugar bush management practices and to perpetuate the maples. 2. Obtain landowner's permission for any improvement work, this to be given at sole discretion of landowner. 3. Neither assign the lease or sublet any part of the contract without written consent of landowner, except as provided for in section 8, No. 2. Section 6. Landowner agrees to: 1. Pay real estate taxes.

3 2. Allow renter access to area, including use of existing roads and possible development of new ones. 3. Allow renter to receive government cost share on sugar bush improvement work. Section 7. Rights and privileges. Landowner may enter and inspect his property and management methods used. Renter has no rights beyond those connected with harvesting of sap. Section 8. Enforcement, arbitration. 1. Failure of either party to comply with agreements of lease makes him liable for damages. Any claim must be presented in writing at least ten days before the termination date of the lease. 2. Should renter become physically incapacitated so he cannot operate the sugar bush, the lease shall not be binding upon the renter and may be assigned to other parties mutually acceptable to landowner and renter for remainder of the lease. Should the renter die this lease shall continue to be binding on his heirs and assigns. 3. Disagreement between landowner and renter shall be referred to a board of three disinterested persons, one of whom shall be appointed by landowner, one by renter, the third by two thus appointed. Their decision shall be binding on the parties to the lease. Any costs for such arbitration shall be shared equally by the two parties to the lease. Section 9. Signatures. Dated and signed by both parties, may be recorded with Register of Deeds for a small fee. How Many Trees Research Maple Syrup Digest H. Clay Smith and Carter B. Gibbs, Northeastern Forest Experiment Station, Forest Service, U. S. Department of Agriculture, Burlington. Vermont Vol. 10, No. 2 July 1971 REF# 092 How many trees should you have in your sugarbush?

4 Because large crowned trees are believed to give the most and the sweetest sap, it would be desirable to have each sugarbush acre fully covered with trees that have large full crowns like those of open grown trees. With this in mind, we made a study and calculated how many trees of each diameter size would be needed to best cover an acre. We also calculated spacing needed between trees to get this coverage. The Study First we divided the commercial sugar maple region into five subregions because we felt that crown sizes might vary with differences in climate and soils. The five subregions included the following areas: Subregion New England Area Maine, New Hampshire, Vermont, northern New York, Massachusetts Mid-Atlantic Southern Southern New York, northern Pennsylvania, Ohio Southern Pennsylvania, Maryland, West Virginia North-Central Minnesota, Wisconsin, Iowa Central Michigan, Indiana, Illinois We then made a survey of open grown sugar maples of various sizes in each area. Crown diameters and tree diameters were measured on 301 trees, approximately 60 in each subregion. The diameters of the tree crowns were measured in north-south and east-west directions, and these two measurements were then averaged for each tree. Tree diameters were measured at breast height, 4½ feet above the ground. We calculated an average crown diameter for each tree diameter. Using these crown diameters, and assuming that the tree crowns were hexagonal, we figured the area at the base of the crown. By dividing this crown area into the area of an acre, we got an estimate of the number of trees that would fully occupy an acre. We did this for trees of various sizes so we would have a guide for a variety of sugarbushes. In actual practice, selected trees from a sugarbush will have more space between the crowns than the open grown tree crowns that just touch. However, if these selected sugarbush trees respond to thinning and release, these tree crowns should become larger and characteristically open grown. Recommended Number of Trees The number of trees with full crowns needed per acre is given in table 1 for each subregion. This table is used as follows: if you have a sugarbush with trees averaging 12 inches in diameter in the New England

5 area, read down column 1 ("Average tree diameter ) to 12; then read across to the column labeled "New England". You will find that you should have at least 71 trees per acre. Table 1. Minimum number of sugar maple trees needed per acre, by tree diameter at tapping height Average Subregion tree diameter New Mid (inches) England Atlantic Southern North Central Central

6 If you live in the Central subregion, you would need only 58 trees per acre because trees in the Central subregion have larger crowns, due probably to better growing conditions. For a sugarbush with trees averaging 20 inches in diameter, a minimum of 37 trees is recommended for the New England subregion and 29 for the Central subregion. In table 1 we have included number of trees per acre for tree diameters greater than 20 inches. We realize that most producers will not be thinning 20 inch plus diameter trees for the purpose of developing open-grown trees. However, this information is useful for indicating the minimum number of trees per acre that should be present for the larger tree diameters. Recommended Tree Spacing You can also figure the spacing between trees in the sugarbush. The guide works like this: Suppose you live in the New England subregion, and the trees in your sugarbush average 16 inches in diameter. From table 1 you find that you should have at least 50 trees per acre. Now use table 2 to estimate the spacing between trees. Read down the column labeled "Number of trees per acre" till you find the number closest to 50, in this case 49. Read across to the next column and you will find that 50 trees per acre is equivalent to approximately a 32 foot spacing. The distance between selected trees should be about 32 feet. Table 2. Distance between trees, by number of trees per acre Number Distance Number Distance of Trees between of Trees between

7 per acre trees per acre trees Feet Feet With any spacing guide, the question arises about what to do when the trees in the stand are not all the same size. For example, what should the spacing be between a 20 inch tree and a 12 inch tree in a sugar maple stand in New England? To find the spacing distance, first average the tree diameter (d.b.h.) of the two trees and then determine the tree spacing for the average d.b.h. The average d.b.h. in this case is 16

8 inches. A stand containing trees averaging 16 inches in d.b.h. should have 50 trees per acre (table 1). Thus there should be 32 feet between the two trees, because 50 trees per acre is equivalent to about a 32 foot spacing (table 2). Other spacing values can be figured the same way. However, remember that these between tree distances are for the ideal situation, and that you will seldom find desirable trees at the exact distances recommended. How To Use This Guide If you have a sugarbush area that needs thinning, determine the average diameter of the trees in the stand. Then use table 1 to find the recommended number of trees per acre. Selected trees should be distributed as evenly as possible throughout the sugarbush, so use table 2 to find out how far apart the trees should be. However, if your sugarbush has many more than the recommended number of trees, you should not suddenly remove all the trees above the minimum number. Leave a few extra trees to allow for any losses that may occur. Also, large openings in your stand can encourage undergrowth you may not want. Remember, number of trees per acre is only one of the factors that you should consider when you thin your sugarbush. If possible, test your trees for sap sweetness, and keep those that have the highest sugar content. Also, be sure that the trees you keep are healthy, vigorous, and have a good potential for developing full crowns. If you have trouble applying this guide, you can probably get assistance from a forester in your area.

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