(a) The criteria that Texas A&M Forest Service uses in determining AMZ-public rights-of-way upon request from a chief appraiser or taxing unit is set out as follows.      
        (1) AMZ must be a band of standing trees at least 10 years old or 35 feet tall.       
        (2) The width of the AMZ must be at least 100 feet but within 200 feet in width from the edge of the public rights-of-way.       
        (3) A management plan must be provided that addresses harvest restriction to ensure the continued aesthetic value of the zone. The landowner must comply with the parts of the management plan that relates to the zone in order to qualify the land as AMZ-public rights-of-way.       
        (4) Harvesting is restricted to the extent that an average 50 square feet per acre of residual basal area must be retained in trees evenly distributed within AMZ.       
      (b) The criteria that Texas A&M Forest Service uses in determining whether an application qualifies as a designation of AMZ-special or unique area due to the area's natural beauty, topography, or historical significance is set out as follows.      
        (1) Qualified area possesses special or unique traits such as:                  (A) archeological sites, including historic and pre-historic sites (e.g., Native American site, early settlement sites);                   (B) rare geological formation (e.g., waterfall or overlooks);                   (C) unique scenic beauty;                   (D) unique plants or animals communities (e.g., old growth forests, pitcher plant bog);                   (E) other traits that suggest a special importance to society.         
        (2) The historical/archeological area must be recorded with the Texas Archeological Research Laboratory, the University of Texas at Austin, state official depository for archeological site records, with a site number assigned.       
        (3) The area is recommended by a specialist whose findings prove the area has features that are unique or special and worthy of preservation. The specialist must be qualified because of their area of expertise to identify area in need of preservation or conservation. Minimum qualification of the specialist include an advanced degree in the area of claimed expertise, experiences in identifying and preserving sites in the area of expertise, and/or current employment by an organization engaged in identifying and preserving such sites. A letter stating the specialists' qualifications and experience must be submitted with the application.       
        (4) Compliance with the following harvest restriction provisions is required:                  (A) Harvesting may be totally restricted if necessary to protect the special features that make this site unique.                   (B) A management plan developed with inputs from the appropriate specialists must be provided addressing restricted timber harvesting as to the extent and frequency; the landowner must comply with the parts of the management plan that relates to the zone in order to qualify the land as a AMZ-special or unique area.                   (C) If harvesting is permitted, an average 50 square feet per acre of residual basal area must be retained in trees evenly distributed within the AMZ.                   (D) Special or unique area may be regenerated using different methods; however, the specialist assisting with the management plan must address how the special features will not be adversely affected.         
        (5) The timberland is under timber-use appraisal (or productivity appraisal), as defined in Tax Code, Title 1 Property Tax, Subchapter E, §23.72. Land qualifies for timber-use appraisal if it is currently and actively devoted principally to production of timber or forest products to the degree of intensity generally accepted in the area with intent to produce income and has been devoted principally to production of timber or forest products or to agricultural use that would qualify the land for agricultural use appraisal under Tax Code, Title 1 Property Tax, Subchapter C, or open-space land appraisal under Tax Code, Title 1 Property Tax, Subchapter D, for five of the preceding seven years.       
     Source Note:        The provisions of this §215.5 adopted to be effective January 30, 2000, 25 TexReg 378; amended to be effective February 15, 2015, 40 TexReg 595