INTRODUCTION Ten years ago, the Department of Natural Resources

81 Pages·2002·0.82 MB·English

by  Christine Ward

INTRODUCTION

Ten years ago, the Department of Natural Resources (DNR) contracted with the
University of Baltimore School of Law to produce a AGuide to Maryland=s Regulation of
Forest Products Industries.A By its creation, the Guide acknowledged the dual
contributions of Maryland=s forests to the State=s economy and to its natural environment.
By its content, the Guide recognized that the balance between these interests can create a
regulatory path that, to the uninitiated, may seem tortuous. The Guide sought to map this
path and its many roads. It described forestry-related laws and regulations and how they
worked. It also provided names, addresses and telephone numbers of State and local
officials responsible for implementing these laws and regulations.

In the last 10 years, much has changed. Some of the laws discussed in the
original Guide addressed laws were in their infancy, such as the Chesapeake Bay Critical
Area law and the Nontidal Wetlands Act. Other laws had not yet seen the light of
legislative day, such as the Forest Conservation Act. State government has also changed.
For example, some of the functions once assigned to DNR are now the responsibility of
the Maryland Department of the Environment. Local responsibility for implementing
State programs has increased. With the rest of society, government processing of
information is transformed. The World Wide Web provides immediate answers to
questions in all walks of life, including virtually all of the topics covered in this Guide.

The 2001 AGuide to Maryland’s Regulation of Forestry and Related Practices@
updates the 1990 Guide. It discusses the regulatory framework using a new format:
activity and requirement, in addition to regulatory name. For example, to prune trees for
compensation a person needs a tree expert license. This is the activity. To get the
license, a person must have certain qualifications. These are the requirements. The
regulatory name of the program is the tree expert license law. The Guide contains legal
references to the Annotated Code of Maryland and the Code of Maryland Regulations
(COMAR), and, importantly, provides Internet web links and other references for further
information.

Finally, the 2001 Guide includes a chart of all forestry-related regulations to
allow the reader to identify, by activity, the road to take and the signs to follow to get
there. Activities that cross-reference one another are signified in bold. For example, to
harvest timber within 1,000 feet of the Chesapeake Bay or its tributaries, a person must
comply with the Chesapeake Critical Area Law, which includes preparation of a forest
or buffer management plan prepared by a Licensed Forester. The words in bold are
topics in the Guide.

This update is made possible by a grant from the Department of Business and
Economic Development (DBED) to DNR, which conducted this research through the

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Office of the Attorney General. As part of the update, DBED asked DNR to examine
whether changes should be made to forestry and forestry-related laws and regulations.

Forestry-related laws and regulations are located in different places in the
burgundy-colored Maryland Code and the red three-ring binders that house the Maryland
regulations. A review of these laws and regulations shows that, though many, they
continue to serve their different functions. For example, licensing laws protect the public
by assuring State oversight of forestry-related practitioners. Natural resource laws
provide special protections to forests that act as filters for agricultural runoff, such as
riparian buffers, or that prevent erosion and sustain wildlife habitat, such as nontidal
wetlands. Environmental laws seek to keep our water clean by preventing erosion during
forestry operations, or by setting limitations on the discharge of specific effluents. Laws
requiring specific descriptions of wood products offered for sale protect the consumer.
General laws relating to business formation encourage economic activity. Tax incentives
foster forest preservation.

Efforts can always be made to streamline or strengthen any law. For example, in
1994, the DNR Forestry Service and the Maryland Department of the Environment
jointly developed a Standard Plan for Forest Harvest Operations in order to provide the
forester harvester with a single plan for sediment and erosion control requirements. In
the 2001 legislative session, the General Assembly increased the axle load limit tolerance
to 15% for vehicles carrying forest products from June 1 through September 30. Similar
and further changes may also be possible, after consultation with those in the forest
industry who live with these laws or have studied their impact. For now, it is sufficient
to say that the laws on the books continue to serve their purposes.

A NOTE TO THE READER

The Guide tracks the separate parts, and phases, of all forestry-related industries.
Part I addresses the harvest, manufacture and sale of wood products. It includes a
discussion of general harvesting requirements, and the rules applicable to harvests in
special areas, such as nontidal wetlands. Part II discusses the use of licensed
professionals in the harvest planning process, i.e., licensed foresters and qualified
professionals. Part III identifies the requirements for the care and treatment of trees, e.g.,
use of a licensed tree expert. Finally, Part IV identifies the general requirements for
doing business in Maryland, including financial assistance and tax benefits.

To help serve as a reference for a wide audience, the Guide begins with a chart
that also serves as an index. The chart shows in capsule form the forestry-related
activity, the applicable legal requirement, and the pages in the Guide to find this
information.

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ACKNOWLEDGMENTS

This Guide is made possible in significant part because of the diligent efforts and
thoughtful work of a number of individuals. Christopher Staiti and Steven Trader are law
students at the University of Baltimore School of Law who labored well to research
forestry-related laws and regulations and to draft initial sections of the revised Guide.
Their suggestions on format and content were invaluable. Assistant Attorneys General
Shara Mervis Alpert and Marianne Mason provided legal advice and support for this
work. Finally, the good work and strong commitment of Steve Koehn, Jack Perdue,
Mike Galvin, and Marian Honeczy of the Maryland Forest Service deserves special
recognition.

Joseph P. Gill
Principal Counsel
Department of Natural Resources
December 2001

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PART I
THE HARVEST, MANUFACTURE AND SALE OF WOOD PRODUCTS

C TITLE ACTIVITY REQUIREMENTS P.
H

1 A Forest The harvest, A forest products operators 8
Products manufacture, or sale of license
License forest products

2 Timber Harvest of wood Before cutting, obtain 10
Harvests products on land of any landowner approval. After
size cutting, leave conditions
favorable for regrowth. If
desirable, district forestry
board assistance is available

Commercial harvest of A Sediment and Erosion 11
woodlands on 5,000 Control Plan approved by a
square feet of disturbed Soil Conservation District
area, or on an area that
crosses any perennial or
intermittent
watercourse

Application for a Approval of a Forest 15
sediment and erosion Conservation Plan prepared
control or grading by a qualified professional
permit on an area
greater than 40,000
square feet, typically to
remove trees for
commercial or
residential development

3 Timber Timber harvests within A forest or buffer 20
Harvests in 1,000 feet of the management plan prepared by
Special Areas Chesapeake Bay or its a licensed forester and
tributaries approved by a district forestry
board

4
Application of best
Timber harvests in 26
management practices
nontidal wetlands
through a sediment and
erosion control plan approved
by a soil conservation district

Cutting pine trees for After harvest, leave specified 32
commercial purposes numbers of pine trees or
on five acres or more seedlings, or reforest the land
in accordance with a plan
approved by DNR

Timber harvests on land A timber harvest plan 35
subject to a long-term prepared by a licensed
protective agreement forester and approved by a
under the Forest district forestry board
Conservation Act

Land containing Contact DNR to determine 36
threatened or the location of the species and
endangered species implement measures to avoid
a take of the species

4 Transportation Driving a vehicle to A driver=s license for the 38
of Wood transport wood products specific type of vehicle
Products

Use of a vehicle to Comply with motor carrier 38
transport wood products size, load and weight laws

Transportation of Possession of a bill of sale 40
Christmas trees and signed by the landowner
shrubs

Interstate shipment of Inspection certificate stating 41
nursery stock that the stock is apparently
free from plant pests

5 Manufacture of Operation of a wood Comply with environmental 43
Wood Products products facility regulations protecting air and
water quality, and providing
for safe hazardous waste
disposal

6 Sale of Wood Sale of softwood Comply with regulations 50
Products lumber governing the use of quality and

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quantity terms in representation,
advertisement and sale

Sale of fireplace and Comply with regulations 53
stove wood governing the use of quality
and quantity terms in
representation, advertisement
and sale

PART II
FORESTRY ACTIVITY AND MANAGEMENT PLANS

7 Licensed The practice of forestry A license issued by the 56
Foresters for compensation Maryland State Board of
Foresters

8 Qualified Preparation of a forest Meet the requirements of a 60
Professionals stand delineation or Qualified Professional
conservation plan under
the Forest Conservation
Act

PART III
CARE AND TREATMENT OF TREES

9 Licensed Tree Treatment and care of A tree expert license issued 62
Experts trees for compensation by the Department of Natural
Resources

10 Roadside Tree The removal or pruning A permit from the 66
Care of a roadside tree Department of Natural
Resources

11 Pesticide Application of A license or certification 69
Applicator pesticides for the issued by the Maryland
control of pests Department of Agriculture

PART IV
DOING BUSINESS IN MARYLAND

12 General Organization, Compliance with specific 72
Requirements registration, local laws
for Doing regulations, worker=s

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Business compensation, labor
laws, OSHA and
MOSH

13 Financial Business and Economic Five programs of financial

Assistance Development loan and assistance with different
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grant programs requirements

14 Tax and Other Income tax Compliance with specific 80
Benefits modification, reduced requirements
property taxes, and
financial assistance for
woodland management

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PART I
THE HARVEST, MANUFACTURE, AND SALE OF WOOD PRODUCTS

CHAPTER 1
A FOREST PRODUCTS OPERATORS LICENSE

Activity: The harvest, manufacture or sale of forest products
Requirement: A forest products operator=s license

Applicability

Any person engaged in the business of harvesting, manufacturing, or selling forest
products must have a license issued by DNR.

This license requirement includes, but is not limited to:

— Forest products manufacturing plants
— Sawmills (to manufacture lumber or to have timber severed
by loggers)
— Loggers under contract with a sawmill
— Loggers not under contract with a sawmill
— Firewood operators

Exceptions

This license requirement does not apply to the clearing of woodlands for:

— Reservoirs
— Military or naval purposes
— Agricultural purposes
— Communication and transmission lines
— Industrial sites
— Railroads
— Residential or recreational purposes
— Cutting firewood and timber for domestic use by the owner or
his tenant

Procedure

To apply for a forest products industry license, obtain an application from the
Maryland Forest Service and pay a $20 fee. Licenses are issued annually.

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References

Natural Resources Article, '' 5-608 and 5-610

Additional Information

Maryland Forest Service
Tawes State Office Building B2
580 Taylor Avenue
Annapolis, MD 21401
[phone]

Maryland Business License Information System (BLIS)
www.blis.state.md.us
Click on Occupational Licenses, then choose Forest Products Operator.

Maryland Department of Natural Resources home page
www.dnr.state.us
Click on Forestry link.

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CHAPTER 2
TIMBER HARVESTS

GENERAL REQUIREMENTS

Activity: The harvest of wood products on land of any size

Requirement: Before cutting, obtain landowner approval. After
cutting, leave conditions favorable for regrowth. If
desirable, district forestry board assistance is available.

Landowner Approval

Applicability

Any person who desires to enter land to cut or injure or destroy merchantable
trees or timber must obtain the prior written permission of the owner of the land. The
written permission shall be displayed to a law enforcement officer upon request.

Penalties

Any person who cuts, injures or destroys merchantable trees or timber without
written permission of the owner shall be liable for damages in an amount triple the value
of the lost trees or timber, plus other costs.

Post-Harvest Requirements

Applicability

A person who harvests timber must comply with the following requirements:

$ Leave conditions favorable for regrowth.
$ Leave young growth.
$ Arrange for restocking the land after cutting by leaving trees of
desirable species of suitable size singly, or in groups, well
distributed and in a number to secure restocking.
$ Maintain adequate growing stock after partial cutting or selective
logging.

District Forestry Board Assistance

A person who harvests timber may apply to a district forestry board for inspection
of woodlands proposed to be cut. The State is divided into 24 forestry districts,

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