Forestry Statutes

Updated March 2003

ALASKA	CALIFORNIA	CONNECTICUT
DELAWARE	FLORIDA	GEORGIA
HAWAII	IDAHO	ILLINOIS
INDIANA	IOWA	KANSAS
KENTUCKY	LOUISIANA	MAINE
MARYLAND	MASSACHUSETTS	MICHIGAN
MINNESOTA	MISSOURI	MONTANA
NEVADA	NEW HAMPSHIRE	NEW JERSEY
NEW MEXICO	NEW YORK	NORTH CAROLINA
OHIO	OKLAHOMA	OREGON
RHODE ISLAND	SOUTH CAROLINA	UTAH
VERMONT	VIRGINIA	WASHINGTON
WEST VIRGINIA	WISCONSIN	WYOMING

Alaska

Alaska Stat. § 14.40.461 (2002)
University demonstration forest.

(a) For the purpose of advancing research into forest management practices, from land conveyed to the University of Alaska that is suitable for the purpose, the Board of Regents may establish a University of Alaska demonstration forest.

Alaska Stat. § 16.20.340 (2002)
Purpose of Matanuska Valley Moose Range.

Establishes the Matanuska Valley Moose Range. The primary purposes of the Matanuska Valley Moose Range are to maintain, improve and enhance moose populations and habitat and other wildlife resources of the area, and to perpetuate public multiple use of the area, including fishing, grazing, forest management, hunting, trapping, mineral and coal entry and development, and other forms of public use of public land not incompatible with the purpose stated in this section.

Alaska Stat. § 38.05.112 (2002)
Forest land use plans.

(a) The department may not authorize the harvest of timber, except for harvests of 10 acres or less or timber salvaged from land cleared for a nonforest use, until a site-specific forest land use plan has been adopted. A forest land use plan is required whether or not a regional or area land use plan or a forest management plan has been adopted.
(b) In adopting a forest land use plan, the commissioner shall consider the best available data, including information provided by other agencies describing the immediate and long-term effects of individual and collective forest activities on the timber base and on other resources and uses.
(c) If a regional or area land use plan or a forest management plan, that includes the area to be covered by the forest land use plan required under (a) of this section, has been adopted, certain requirements do not apply to a forest land use plan under (a) of this section. If a regional or area land use plan or a forest management plan, that includes the area to be covered by the forest land use plan under (a) of this section, has not been adopted, then specific requirements apply to a land use plan under (a) of this section. A forest land use plan under (a) of this section must consider specific activities in this section.

Alaska Stat. § 41.17.020 (2002)
Establishes the division of forestry. Gives the Governor the authority to establish a division of forestry.

Alaska Stat. § 41.17.118 (2002)
Establishes the riparian standards for state lands.

Alaska Stat. § 41.17.900 (2002)
Outlines the applicability of this chapter in relationship to other laws. States that unless otherwise specified, this chapter applies to forestland under state, municipal, or private ownership.

California

Cal. Food & Agr. Code § 7201 (Deering 2001)
The director, after investigation and practical survey, may consult with other state and federal agencies having responsibility for forest management and protection of native species and, by proclamation, declare an area within this state to be practically free from any noxious weed, which is named in the proclamation.

Cal. Gov. Code § 51110.3 (Deering 2001)
In the event that a landowner does not receive notice, such owner may prior to January 1, 1978, petition directly to the board or council to have a parcel owned by such person included on list "B." Such owner must be able to demonstrate that on each such parcel a plan for forest management has been prepared, or approved as to content, by a registered professional forester prior to October 15, 1977. Such plan shall provide for the harvest of timber within a reasonable period of time, as determined by the preparer of the plan. In the event that the board or council finds that the parcel does in fact have plans for forest management signed by a registered professional forester prior to October 15, 1977, the board or council shall include the parcel listed in the petition on list "B" without respect to acreage or size.

Cal. Gov. Code § 51113 (Deering 2001)

(a) (1) An owner may petition the board or council to zone his or her land as timberland production. The board or council by ordinance, after the advice of the planning commission, and after public hearing, shall zone as timberland production all parcels submitted to it by petition pursuant to this section, which meet all of the criteria. Any owner who has so petitioned and whose land is not zoned as timberland production may petition the board or council for a rehearing on the zoning.

Cal. Health & Saf. Code § 39011 (Deering 2001)

(a) "Agricultural burning" means open outdoor fires used in agricultural operations in the growing of crops or raising of fowl or animals, or open outdoor fires used in forest management, range improvement, or the improvement of land for wildlife and game habitat, or disease or pest prevention.
(b) "Agricultural burning" also means open outdoor fires used in the operation or maintenance of a system for the delivery of water for the purposes specified in subdivision (a).
(c) "Agricultural burning" also means open outdoor fires used in wildland vegetation management burning. Wildland vegetation management burning is the use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, to burn land predominantly covered with chaparral, trees, grass, or standing brush. Prescribed burning is the planned application of fire to vegetation to achieve any specific objective on lands selected in advance of that application. The planned application of fire may also include natural or accidental ignition.

Cal. Pub. Resources Code § 743 (Deering 2001)
State agencies shall submit to the board plans for, and the results of, all investigations that relate to, or have an effect upon, forest resource utilization for review and comment. The board may, at its expense, contract with any state or local agency to investigate and report on any technical factors involved in forest management; provided, that the burden, including costs, of such reports shall bear a reasonable relationship to the needs for the reports and the benefits to be obtained from such reports.

Cal. Pub. Resources Code § 745 (Deering 2001)
The board shall implement a public information program on matters involving forest management and shall maintain an information file on forest management research and other pertinent matters.

Cal. Pub. Resources Code § 2714 (Deering 2001)
This chapter does not apply to any of the following activities:

(1) Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes.

Cal. Pub. Resources Code § 4584 (Deering 2001)
Upon determining that the exemption is consistent with the purposes of this chapter, the board may exempt from this chapter or portions thereof, any person engaged in forest management whose activities are limited to those outlined in section.

Cal. Pub. Resources Code § 4631 (Deering 2001)
It is hereby declared to be in the interest of the welfare of the people of this state and their industries and other activities involving the use of wood, lumber, poles, piling, and other forest products, that desirable cutover forest lands, including those having young and old timber growth, be made fully productive and that the holding and reforestation of such lands is a necessary measure predicated on waning supplies of original old growth timber.

Cal. Pub. Resources Code § 4651 (Deering 2001)|
The management of state forests and the cutting and sale of timber and other forest products from state forests shall conform to regulations prepared by the director and approved by the board. These regulations shall be in conformity with forest management practices designed to achieve maximum sustained production of high-quality forest products while giving consideration to values relating to recreation, watershed, wildlife, range and forage, fisheries, and aesthetic enjoyment. The sale of timber and other forest products is limited to raw materials only.

Cal. Pub. Resources Code § 4674 (Deering 2001)
The department may, with the approval of the Department of General Services, enter into a cooperative agreement, upon such terms and under such conditions as he deems wise, for any of the following purposes, with any county, city, or district which makes an appropriation for any such purpose:

(a) The protection and forest management of any lands over which the county, city, or district has jurisdiction.
(b) The reforestation or afforestation on lands within the county, city, or district.

Cal. Pub. Resources Code § 4737 (Deering 2001)
The board shall make regular examination of the properties of such corporations during the operating season at intervals of not more than two months apart. Following such examination a report shall be submitted to the public agency from which loans have been made to the corporation. The cost of such examination shall be charged to and paid by the corporation whose property is examined. If in the opinion of the board the plan of forest management is not being adhered to, the board shall notify the lumber operators and the lender of this fact.

Cal. Pub. Resources Code § 4789.6 (Deering 2001)

(a) The board, assisted by the director, shall biennially determine state needs for forest management research and recommend the conduct of needed projects to the Governor and the Legislature.

Cal. Pub. Resources Code § 4799.14 (Deering 2001)
The department is authorized to conduct surveys, studies, and research concerning the economic and environmental costs, benefits, and feasibility of utilizing wood wastes and forest growth for thermal processes, including, but not limited to, the generation of electrical energy or conversion to solid, gaseous, or liquid fuels for transport or industrial use. Such studies shall include research concerning the cost of gathering and transporting logging wastes and other materials from timber management operations to potential markets and the identification of locations for conversion facilities and forest management operations with high potential for utilization of wood for energy production.

Cal. Pub. Resources Code § 4799.15 (Deering 2001)
The department is further authorized to provide technical and other assistance to public and private agencies and persons with respect to forest management, species selection, and other matters as to which the department has special expertise, in order to encourage and facilitate utilization of wood for energy production.

Connecticut

Conn. Gen. Stat. § 7-131d (2001)
Protected open space and watershed land acquisition grant program: Purposes; criteria; conditions. Charter oak open space grant program: Criteria; conditions.

(a) There is established the protected open space and watershed land acquisition grant program. The program shall provide grants to municipalities and nonprofit land conservation organizations to acquire land or permanent interests in land for open space and watershed protection and to water companies, to acquire and protect land which is eligible to be classified as class I or class II land, after acquisition. All lands or interests in land acquired under this program shall be preserved in perpetuity predominantly in their natural scenic and open condition for the protection of natural resources while allowing for recreation consistent with such protection and, for lands acquired by water companies, allowing for the improvements necessary for the protection or provision of potable water.

Conn. Gen. Stat. § 7-131t (2001)
Charter oak open space grant program: Purposes; criteria. Charter oak open space grant program account.

(a)(1) There is established a charter oak open space grant program account, within the General Fund, which shall be a separate, nonlapsing account. The account shall consist of any funds required or allowed by law to be deposited into the account including, but not limited to, funds from the charter oak open space trust account, gifts or donations. Investment earnings credited to the assets of the account shall become part of the assets of the account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. Payments from the account shall be made upon authorization by the Commissioner of Environmental Protection. Neither the proceeds of any general obligation bonds of the state nor the investment earnings of any such proceeds shall be deposited in the account.

Conn. Gen. Stat. § 7-131u (2001)
Charter oak state parks and forests program: Purposes; criteria. Charter oak state parks and forests account.

(a) There is established a charter oak state parks and forests account, within the General Fund, which shall be a separate, nonlapsing account. The account shall consist of any funds required or allowed by law to be deposited into the account including, but not limited to, funds from the charter oak open space trust account, gifts or donations received for the purposes of this section. Investment earnings credited to the assets of the account shall become part of the assets of the account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. Payments from the account shall be made upon authorization by the Commissioner of Environmental Protection. Neither the proceeds of any general obligation bonds of the state nor the investment earnings of any such proceeds shall be deposited in the account. Funds in the state parks and forests account shall be expended to acquire land as set forth in subsection (b) of this section.

Conn. Gen. Stat. § 23-19 (2001)
State Forester. There shall be within the Department of Environmental Protection a State Forester who shall be responsible to the commissioner for the performance of his duties and shall be accountable to the commissioner in all his official activities. The State Forester shall be a technically trained forester with not less than ten years' experience in professional forestry. He shall be responsible for forest management and protection of department lands and for assuming a leadership role in the conservation, management and protection of state forest resources.

Conn. Gen. Stat. § 23-65h (2001)
Forest practitioner certification. Classifications and requirements. Regulations.

(a) On or after July 1, 1992, no person shall advertise, solicit, contract or engage in commercial forest practices within this state at any time without a certificate issued in accordance with the provisions of this section, appropriate to the forest practices advertised, solicited, contracted or engaged in except as provided in subsections (b) and (c) of this section.

Conn. Gen. Stat. § 23-65I (2001)
Forest practice activities. Reports.

(a) Each certified forester, except any state employee who engages in activities regulated by sections 23-65f to 23-65o, inclusive, solely as part of his employment, shall submit an annual report to the Commissioner of Environmental Protection on or before June first of each year in a form prescribed by the commissioner.

Delaware

Del. Code Ann. tit. 3, § 1034 (2002)
Community Forestry Council.

(a) There is established in the Department a Community Forestry Council, which will consist of 13 members appointed by the Secretary. Each member must be a citizen with expertise or interest in trees, forestry, or tree or forest management, maintenance, or care. The Department's Urban Forestry Coordinator and State forester will serve as ex officio members.

Del. Code Ann. tit. 3, § 1072 (2002)
Definitions.

Defines "silvicultural activity" as any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation.

Del. Code Ann. tit. 3, § 2602 (2002)
Application for exemption; requirements; examination.

Any owner of a commercial forest plantation may make application to the Department of Agriculture to have such land listed for tax exemption. In making an application, the owner must file with the Department of Agriculture a sworn statement of compliance with this chapter together with the location, description and acreage of the planted lands or the naturally reforested lands. Additionally, all applications for tax exemption must be accompanied by a forest management plan approved by the State Forester. The Department of Agriculture, upon receipt of such application, shall direct the State Forester to make or cause to be made a thorough examination of the property described in the application and report the findings to the Department of Agriculture.

Del. Code Ann. tit. 3, § 2607 (2002)
Removal of lands from exempt status by Department; notice; hearing; appeal.

(a) If the State Forester recommends the removal of any lands from classification as commercial forest land, the Department of Agriculture shall notify the owner of the time and place of hearing upon such recommendation, which shall not be less than 10 days from the date of notice. The owner of the lands shall be entitled to be heard before the Department in person or by attorney and shall be allowed to present any pertinent evidence. The Department shall thereupon determine the matter and shall either approve or disapprove the recommendation of the State Forester.

Florida

Fla. Stat. § 253.036 (2002)
Forest management. -- All land management plans which are prepared for parcels larger than 1,000 acres shall contain an analysis of the multiple-use potential of the parcel, which analysis shall include the potential of the parcel to generate revenues to enhance the management of the parcel. The lead agency shall prepare the analysis, which shall contain a component or section prepared by a qualified professional forester which assesses the feasibility of managing timber resources on the parcel for resource conservation and revenue generation purposes through a stewardship ethic that embraces sustainable forest management practices if the lead management agency determines that the timber resource management is not in conflict with the primary management objectives of the parcel.

Fla. Stat. § 259.105 (2002)
The Florida Forever Act. -- Makes findings of the Legislature relating to the Preservation 2000 program and its success in providing tremendous financial resources for purchasing environmentally significant lands to protect those lands from imminent development, thereby assuring present and future generations access to important open spaces and recreation and conservation lands.

Fla. Stat. § 570.548 (2002)
Division of Forestry; powers and duties. - The duties of the Division of Forestry include, but are not limited to, administering and enforcing those powers and responsibilities of the division prescribed in chapters 589, 590, and 591 and the rules adopted pursuant thereto and other forest fire, forest protection, and forest management laws of this state.

Fla. Stat. § 589.012 (2002)

Friends of Florida State Forests Program.-- The Friends of the Florida State Forests Program is established within the Department of Agriculture and Consumer Services. Its purpose is to provide support and assistance for existing and future programs of the Division of Forestry. These programs must be consistent with the division's mission statement, which is incorporated by reference. Outlines the purpose of the program.

Fla. Stat. § 589.04 (2002)
Duties of division. - The Division of Forestry is required to cooperate with federal, state, and local governmental agencies, nonprofit organizations, and other persons to promote and encourage forest fire protection, forest environmental education, forest land stewardship, good forest management, tree planting and care, forest recreation, and the proper management of public lands.

Fla. Stat. § 589.11 (2002)
Duties of division as to Clarke-McNary Law. - The Division of Forestry is designated as the agent of the state to cooperate with the United States Secretary of Agriculture to assist owners of farms in establishing, improving, and renewing woodlots, shelterbelts, windbreaks and other valuable forest growth. In addition, the division is to cooperate with the wood-using industries or other agencies, governmental or otherwise, interested in proper land use, forest management, and conservation forest utilization.

Georgia

Ga. Code Ann. § 12-6-6 (2002)
Management, conservation, and protection of forest lands; sale of forest products from land managed by commission; production and sale of seedlings.

(a) Any other provision of law to the contrary notwithstanding, the State Forestry Commission is authorized to manage, conserve, and protect any forest lands or forest properties belonging to or under the jurisdiction and control of any department, board, commission, bureau, agency, or authority of state government. The State Forestry Commission shall manage such forest lands or forest properties subject to the special needs of the department, board, commission, bureau, agency, or authority and the use of such lands or properties by such department, board, commission, bureau, agency, or authority. Such management shall conform to the principles of sound forest management where consistent with the use of such lands or properties. Management of forest lands or forest properties shall be undertaken by the State Forestry Commission only upon the written request of the department, board, commission, bureau, agency, or authority to which the lands or properties belong or which exercise control and jurisdiction over such lands or properties.

Ga. Code Ann. § 12-6-41 (2002)
Definitions.

As used in this part, the term:

(1) "Board" means the State Board of Registration for Foresters provided for by this part.

(2) "Professional forestry" or "practice of professional forestry" means any professional service relating to forestry, such as investigation, evaluation, development of forest management plans or responsible supervision of forest management, forest protection, silviculture, forest utilization, forest economics, or other forestry activities in connection with any public or private lands, provided that forestry instructional and educational activities shall be exempted. The board shall issue licenses only to those applicants who meet the requirements of this Code section, provided that no person shall be eligible for registration as a registered forester who is not of good character and reputation; provided, further, that employees of the state and federal governments assisting farmers in agricultural programs shall be exempt from this part.

(3) "Registered forester" means a person who has registered and qualified under this part to engage in professional forestry practices as defined in this Code section.

Hawaii

Hawaii Rev. Stat. § 171-10 (2002)
Classes of lands. The board of land and natural resources must classify all public lands and in doing so be guided by the classifications listed in this chapter. The classifications include that of commercial timber use, which itself includes six different classes.

Hawaii Rev. Stat. § 195F-6 (2002)
Forest Stewardship. Qualifications and conditions.

Payments from the Forest Stewardship Fund may not exceed fifty percent of the total cost of the landowner in developing and implementing an approved management plan. Total payments to any one landowner will be determined by the board, and the reasonable value of material, goods, and services contributed toward the plan by the landowner will be included in determining the amount of the landowner's cost. The landowner is required to spend private funds prior to reimbursement.

Idaho

Idaho Code § 38-102 (2002)
Idaho Forestry Act. Duties of director of department of lands.

Makes it the duty of the director of the department of lands to execute the provisions of this chapter, and the rules and regulations of the state board of land commissioners pertaining to forest and watershed protection. In addition, the director is to represent the state in cooperation with forest owners and others in forest protection work and to further the enforcement of laws for the protection and preservation of forests. Other responsibilities of the director are outlined.

Idaho Code § 38-104 (2002)
Cooperation with other agencies -- restrictions.

The director of the department of lands, in executing the provisions of this chapter, insofar as it relates to privately owned forest or range land, will have authority to cooperate with federal, county, state, municipal and private agencies, all voluntary forest or range land protective associations now organized and which may from time to time hereafter be organized within the state of Idaho and have various authorities.

Idaho Code § 38-122 (2002)
Protection by logging outfits -- fire suppression account - liability for fire suppression costs - penalty.

Everyone engaged, or about to engage, in the cutting of any forest product or potential forest product upon lands within the state of Idaho shall provide for the management and the reduction of the fire hazard created or to be created by first securing a certificate of compliance from the director of the department of lands or his agent.

Idaho Code § 38-407 (2002)
Fire Hazard Reduction Programs. Forest Management Account.

Designates the state treasurer as the custodian of the account, which is hereby created to be known as the "forest management account," into which will be paid all funds accruing or received under any and all of the provisions of the Fire Hazard Reduction Program.

Idaho Code § 38-408 (2002)
Fire Hazard Reduction Programs. Moneys from contracts and appropriations - Expenditures and accounts.

All moneys paid to the director of the department of lands, or the state forest wardens, under any contract where the director assumes the management and reduction of any fire hazard for the protection of forest resources, will be deposited with the state treasurer and credited to the forest management fund as provided.

Idaho Code § 38-1501 (2002)
DECLARATION OF POLICY. It is in the interest of all the people of Idaho that the abundant forest resources of the state be protected, and properly managed to produce multiple resources and values along with sustained yields of timber to support the economic welfare of the state. Because forest management, on both public and private lands, is important to each citizen of the state, it is the purpose by the enactment of this chapter to promote the economic and environmental welfare of the state by providing a means for the collection and dissemination of information regarding the management of the state's public and private forest lands and the forest products industry.

Idaho Code § 38-1508 (2002)
Outlines the duties of the Idaho Forest Products Commission. These duties, authorities, and powers include:

(a) Conduct research and surveys to determine public attitudes and levels of knowledge regarding forest management and the forest products industry;
(b) Design educational campaigns and other needed efforts to provide the public with accurate information regarding the management of Idaho's forestlands and the forest products industry;
(c) Be an advocate for the proper management of Idaho's forestlands and for a healthy forest products industry in the state;
(d) Be a source of accurate and timely data regarding the forest resource and the forest products industry;
(e) Make projections regarding future timber supplies, availability of timber, new or existing products and markets, and other biological or social trends which might affect forest management or the forest products industry in Idaho; and
(f) Cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity.

Idaho Code § 63-1705 (2002)
TAXATION OF LARGE-SIZE FOREST TRACTS. In order to encourage private forest landowners to retain and improve their holdings of forestlands and to promote better forest management, large-size forest tracts shall be appraised, assessed and taxed as real property under the provisions of this section.

Illinois

Ill. Ann. Stat. ch. 30 § 735/4 (2002)
Within the Urban and Community Forestry Assistance Act. Outlines the duties of the Department of Natural Resources to include:

(a) Promote the development of plans and programs for the establishment, management, and conservation of the urban/community forest with units of local government.
(b) Provide technical assistance, planning, and analysis for projects related to urban/community forestry.
(c) Seek and review for approval acceptable Urban/Community Forestry Proposals submitted by applicants within the State.
(d) Provide assistance to units of local government and to grant recipients regarding urban/community forest management, such as tree care, disease and insect problems, and tree planting and maintenance.
(e) Provide information to the Illinois Council on Forestry Development and other appropriate agencies and units of government with regard to urban/community forestry.

Ill. Ann. Stat. ch. 105 § 5/27-13.1 (2002)
States that in every public school there shall be instruction, study and discussion of current problems and needs in the conservation of natural resources, including but not limited to air pollution, water pollution, waste reduction and recycling, the effects of excessive use of pesticides, preservation of wilderness areas, forest management, protection of wildlife and humane care of domestic animals.

Indiana

Ind. Code Ann. § 14-23-1-1 (Burns 2002)
Outlines the duties of the department of Cultural and Natural Resources to include:

(1) Have the care, custody, and control of the forest land owned by the state, exclusive of state parks.
(2) Adopt necessary rules to properly enforce this chapter.
(3) Establish, operate, and maintain nurseries for the production of trees to be used in reforestation.
(4) Prepare, print, post, or distribute printed matter relating to forestry.
(5) Make investigations or experiments with regard to forestry questions.
(6) Subject to the approval of the governor, purchase land and forests. For the purpose of acquiring land and forests, the commission may exercise the right of eminent domain.
(7) Receive and accept, in the name of the people of Indiana, by gift or devise, the fee or other estate in land or forests.
(8) Examine the forest land owned by the state or by a state institution for the purpose of advising and cooperating in securing proper forest management of the land.
(9) Employ, with approval of the authorities having control of the state penal institutions, convicts committed to a penal institution for the purpose of producing or planting trees, building roads, or doing other work in the forests and in clearing, draining, or developing land purchased or acquired by the state for forestry purposes.
(10) Propagate trees and shrubs for state institutions or for planting along highways. A common carrier may transport trees or shrubs grown by the state at a rate less than the established tariff to and from points within Indiana.
(11) Have the custody of all abstracts of title, papers, contracts, or related memoranda, except original deeds to the state, for land purchased or received under this section.
(12) Examine private forest land upon request of, and at the expense of the owner for the purpose of advising the owner on the proper methods of forest management.

Iowa

Iowa Code § 161A.42 (2002)
Within the soil and water conservation practices, defines "forest" as stands of native or introduced trees containing at least two hundred trees per acre and located on privately owned land. However, a stand of fruit trees is not a forest.

Kansas

Kan. Stat. Ann. § 76-425d
Same; powers and duties. Under the general supervision of the board and direct administration of Kansas State University, the service shall:

(a) Supervise, generally, all forest management and all forestation and reforestation work conducted by the state;
(b) promote practical forestry;
(c) encourage the development and use of forest resources;
(d) compile and publish information and instructions relating to forestry and reforestation;
(e) provide assistance in forestry and reforestation to owners and operators of forest lands;
(f) provide assistance for the protection of the forest resources of the state, both public and private, from insects and diseases;
(g) provide assistance for the prevention and suppression of forest, brush or grassland fires in nonfederal areas of the state except on lands within the exterior boundaries of incorporated cities;
(h) foster and promote the control of soil erosion on forestlands;
(i) carry on an assistance program with forest landowners and operators in the practice of forestry, including the growing, harvesting and marketing of forest products and in the management of forests for other multiple benefits such as water quality, streambank stabilization, erosion control, wildlife and recreation;
(j) carry on an assistance program with forest products processors in the processing and marketing of such products;
(k) cooperate with other agencies and organizations in conducting forestry-related programs, including riparian and wetland protection and nonpoint source pollution control;
(l) produce, procure and distribute forest-tree seeds and plants for the purpose of establishing or reestablishing forests, windbreaks, shelter belts, living snowfences, farm woodlots, Christmas tree plantings, erosion control water quality, wildlife habitat and other conservation type tree plantings;
(m) provide an assistance program to nonforest landowners and operators in establishing trees and shrubs for conservation plantings;
(n) provide assistance to city governing bodies in planting, maintaining, treating and removing trees on public property;
(o) provide information and education to city governing bodies, tree care professionals and the general public in urban and community tree planting and care; and
(p) cooperate with and assist the cooperative extension service and other appropriate agencies in conducting educational programs and demonstrations in forest management, forestation, reforestation and other forestry-related programs.

Kentucky

Ky. Rev. Stat. Ann. § 149.280 (Matthew Bender & Co. 2002)
Forestry management under cooperative agreements - Payment of cost of services - Use of proceeds.

The Secretary for Natural Resources and Environmental Protection may, if requested, cooperate with counties, cities, corporations, institutions, or individuals to prepare plans for the protection, management, and replacement of trees, woodlands, and timber tracts. The services must be done under an agreement that the parties obtaining assistance pay at least the field expenses of those employed preparing the plans.

Ky. Rev. Stat. Ann. § 149.336 (Matthew Bender & Co. 2002)
Establishes within the division an information and education program to:

(a)develop public awareness of the importance of Kentucky forests;
(b) to promote forest stewardship and sound forest utilization practices of private woodland owners and the forest industry;
(c) to coordinate with other agencies and organizations to assure effective, long-term forest conservation programs.

The division is also charged with implementing an educational program that emphasizes sustainable forests and the full range of economic, ecological, and social opportunities provided by privately owned forests.

Louisiana

La. Rev. Stat. Ann. § 3:4402 (West 2002)
Requires the State Forestry Commission to adopt a comprehensive forest and recreational management plan for the Alexander State forest and Indian Creek Lake.

The plan is to provide for the use of good forest management techniques; preserve and enhance the recreational facilities and activities; preserve and enhance the ecological and environmental regimes, wilderness qualities, natural and scenic areas, and wildlife habitat; provide for educational and research areas; prohibit commercial development within the state forest.

Maine

Me. Rev. Stat. Ann. tit. 12 § 682-B (2002)
A lot or parcel is not considered a subdivision if it is transferred solely for forest management, agricultural management, or conservation of natural resources.

Me. Rev. Stat. Ann. tit. 12 § 1826 (2002)
Requires the Bureau of Parks and Lands to manage forested areas within state parks and historic sites to preserve their natural, recreational, and scenic qualities. The director may authorize wood harvesting on state park and historic site lands under the following conditions: when the wood is to be used at state parks and historic sites; when cutting is required by deed conditions on specific lots or when necessary to improve wildlife habitat; control insect infestation and other disease; reduce the risk of fire or other hazards; improve the recreational and aesthetic quality of the park lands; or demonstrate exemplary multiple use forest management techniques within a demonstration forest area established on state park land for educational purposes. All cutting is subject to restrictions.

Me. Rev. Stat. Ann. tit. 12 § 1834 (2002)
The Bureau of Parks and Lands may sell severed timber and other products from nonreserved public lands, including, but not limited to, wood and timber necessary for use in the operation of a mine, severed grass and other wild foods, maple sap and syrup, crops and sand and gravel for use in the construction of public roads or for any other purpose the director considers consistent with the purposes of this subchapter. The Bureau may grant permits in accordance with these actions.

Me. Rev. Stat. Ann. tit. 12 § 1848 (2002)
The Bureau of Parks and Lands may sell severed timber and other products from public reserved lands, including, but not limited to, wood and timber necessary for use in the operation of a mine, severed grass and other wild foods, maple sap and syrup, crops and sand and gravel for use in the construction of public roads or for any other purpose the director considers consistent with the purposes of this subchapter. The Bureau may grant permits in accordance with these actions.

Me. Rev. Stat. Ann. tit. 12 § 8002 (2002)
Outlines the powers and duties of the Bureau of Forestry. The Bureau is responsible for:

(a) the control of forest fires in all areas of the State;
(b) conducting programs to protect the forest, shade, and ornamental trees of the State against insects and diseases;
(c) conducting a program of service and community forestry in order to provide advice and assistance on forest management to small woodland owners and municipalities;
(d) provide advice and assistance on utilizing and marketing the wood products of the State, and regulate the utilization and marketing of wood products where authorized;
(e) management of particular portions of land owned by the State when management is entrusted to the bureau by the statute or is transferred by mutual agreement of the bureau and other state agencies; and
(f) conducting information, education, planning, and research programs designed to promote the purposes of the bureau as set forth in this Part.

Me. Rev. Stat. Ann. tit. 12 § 8101 (2002)
Requires the Director of the Bureau of Forestry to maintain sufficient resources to:

(a) maintain a statewide surveillance system to detect and monitor insects, diseases, and abiotic agents, including air pollution and acid deposition potentially injurious to the forest resources of the State;
(b) provide information and technical advice and assistance to individuals and other state and federal agencies on the identification and control of forest insects and diseases;
(c) conduct and supervise control programs for forest diseases and insects where authorized;
(d) assist in the enforcement of federal and state quarantine laws relating to forest insects and diseases;
(e) conduct applied research related to the management of insects, diseases, and abiotic agents potentially injurious to the forest resources of the State.

Me. Rev. Stat. Ann. tit. 12 § 8430 (2002)
Authority. The Bureau of Forestry may make grants of funds and enter into contracts for purposes of research related to forest management strategies, insecticide and spray application technologies, integrated pest management techniques, forest product marketing and utilization and other issues pertinent to the purposes of this subchapter. This research may be funded with any funds available, provided that the cost of environmental and health monitoring of spray projects shall be part of annual spray project costs and not paid out of General Fund moneys.

Research on public lands. The commissioner, director or other chief executive officer of any state agency having jurisdiction over any public land may make that land available on such terms and conditions as he deems reasonable to any public or private nonprofit entity engaged in spruce budworm control research and related silvicultural control research. The director shall likewise encourage private landowners within the State to make their lands available for the same purposes.

Me. Rev. Stat. Ann. tit. 12 § 8611 (2002)
Requires the Bureau of Forestry to provide a forest management information clearinghouse service with a statewide toll-free number. In addition, the director is to employ a natural resource educator.

Me. Rev. Stat. Ann. tit. 12 § 8612 (2002)
Requires the Bureau to employ, by 1991, at least 16 field foresters to be located in field offices.

Me. Rev. Stat. Ann. tit. 12 § 8868 (2002)
Provides definitions to be used for purposes of Cooperative Forestry Management.

Me. Rev. Stat. Ann. tit. 12 § 8869 (2002)
Forest harvest regulations. To promote a healthy and sustainable forest that contains a balance of age classes necessary for a sustainable timber supply and spatial and compositional diversity, forest harvesting will be regulated pursuant to this subchapter.

Me. Rev. Stat. Ann. tit. 12 § 8876-A (2002)
Requires the director to establish a process to assess forest sustainability. In developing this process, the principles of sustainability developed by the Northern Forest Land Council and the criteria developed by the Maine Council on Sustainable Forest Management are to be incorporated.

Me. Rev. Stat. Ann. tit. 12 § 8883 (2002)
Unless otherwise exempted, prior to commencing harvesting operations, the landowner or designated agent must notify the bureau of the harvest operation. When the harvest is occurring in a municipality, the bureau must send a copy of the notification form to the municipal clerk.

Me. Rev. Stat. Ann. tit. 32 § 5501 (2002)
Provides definitions for purposes of forester licensing.

Me. Rev. Stat. Ann. tit. 36 § 572 (2002)
Tree Growth Tax Law. It is the declared public policy of the State of Maine to tax all forestlands according to their productivity and to encourage their operation on a sustained yield basis. Makes a declaration that the public policy of the State, to best serve the public interest, encourages forest landowners to retain and improve their holdings of forest lands on the tax rolls of the State and to promote better forest management by appropriate tax measures in order to protect this unique economic and recreational resource.

Me. Rev. Stat. Ann. tit. 36 § 573 (2002)
Provides definitions to be used for purposes of the Tree Growth Tax Law.

Me. Rev. Stat. Ann. tit. 36 § 574-A (2002)
The Legislature finds that when the value of a recreational use lease exceeds the value of the tree growth which can be extracted on a sustained basis per acre, then the land is no longer primarily used for the continuous growth of forest products.

Me. Rev. Stat. Ann. tit. 38 § 410-J (2002)
Requires the Department of Conservation, Bureau of Forestry in cooperation with the commissioner to develop best management practice guidelines to reduce and prevent nonpoint source pollution from wood harvesting and forest management activities.

Maryland

Md. Natural Resources Code Ann. § 5-219 (2002)
Provides definitions for purposes of reforestation and timber stand improvements.

Md. Natural Resources Code Ann. § 5-603 (2002)
Requires the Department of Natural Resources to administer forest conservation practices on privately owned forestland and manage publicly owned forestlands.

Md. Natural Resources Code Ann. § 5-604 (2002)
The Department of Natural Resources may promulgate rules and regulations to administer this subtitle.

Md. Natural Resources Code Ann. § 5-606 (2002)
Outlines the duties and powers of the district forestry board.

Md. Natural Resources Code Ann. § 5-607 (2002)
Outlines the duties of the forester.

Md. Natural Resources Code Ann. § 5-1607 (2002)
The preferred sequence for afforestation and reforestation is to be established by the State or local authority in accordance with a list of criteria after all techniques for retaining existing forest cover on-site have been exhausted.

Massachusetts

Mass. Gen. Laws Ann. ch. 21 § 4F (West 2002)
Requires the bureau of forestry to perform such duties as respects forest management practices, reforestation, development of forest or wooded areas under the control of the department, making them in perpetuity income producing and improving wooded areas.

Mass. Gen. Laws Ann. ch. 48 § 16 (West 2002)
Provides definitions for purposes of fires, fire departments, and fire districts.

Mass. Gen. Laws Ann. ch. 58 § 17C (West 2002)
Establishes a Forest Products Trust Fund to be used to disburse payments to cities and towns within whose boundaries exist state owned forestland. The commissioner of the department of environmental management must prepare forest management plans for all forestland owned by the commonwealth with the exception of land owned by the metropolitan district commission and the Massachusetts Water resources Authority.

Mass. Gen. Laws Ann. ch. 61 § 1 (West 2002)
Provides definitions for purposes of the classification and taxation of forestlands and forest products.

Mass. Gen. Laws Ann. ch. 61 § 2 (West 2002)
All forestland, parcels of not less than ten contiguous acres in area, used for forest production will be classified by assessors as forestland upon written application sufficient for identification and certification by the state forester. Any application must be accompanied by a forest management plan.

Mass. Gen. Laws Ann. ch. 61 § 3 (West 2002)
The owner of classified forestland will pay an annual products tax on forest products cut therefrom with authorization by the owner. The owner must provide the assessors with notice of all cutting whether for personal or commercial purposes and will pay a products tax thereon.

Mass. Gen. Laws Ann. ch. 132 § 2 (West 2002)
The Forestry Trust. The commissioner of environmental management may accept, on behalf of the commonwealth, gifts or bequests to be used for advancing the forestry interest of the commonwealth, or for the laying out, construction, or maintenance of state trails or paths.

Mass. Gen. Laws Ann. ch. 132 § 31 (West 2002)
Lands acquired under section thirty or thirty-three will be known as state forests, and will be under the control and management of the forester.

Mass. Gen. Laws Ann. ch. 132 § 47 (West 2002)
Provides definitions for "forestry" and the "practice of forestry."

Michigan

Mich. Stat. Ann. § 324.503 (Lawyers Coop 2002)
Natural Resources and Environmental Protection Act. The Department of Natural Resources is to protect and conserve the natural resources of the state, provide and develop facilities for outdoor recreation, prevent the destruction of timber or forest growth by fire, promote the reforesting of forest land belonging to the state, prevent and guard against pollution of lakes and streams, and foster and encourage the protecting and propagation of game and fish.

Mich. Stat. Ann. § 324.50141 (Lawyers Coop 2002)

A member must notify the district of compliance with the forest practice rules by submitting a forest management plan on forms prescribed and provided by the board. The notification shall include the name and address of the member, the legal description of the area in which the forest management plan is to be implemented, the specific forest practices to be conducted during the plan, and other information.
The member shall notify the board of each subsequent change in the information provided in the notification within 30 days after the change.
The notification shall be valid for not more than 5 years after the date of original notification.

Mich. Stat. Ann. § 324.50301 (Lawyers Coop 2002)
The department shall do all of the following:

(a) Advise the legislature and the governor on forest management and development and other matters relevant to the development of the forest products industry in this state.
(b) Develop a forestry development plan to improve the state's business climate for forestry, assure a stable timber supply, and coordinate public and private forestry activities.
(c) Identify the needs of the forest products industry.
(d) Promote and encourage the development of the forest products industry in this state.
(e) Promote and encourage the expansion of existing forest products companies in this state and attract new forest products companies to locate in this state.
(f) Perform other functions the department considers necessary for the development of the forest products industry in this state.
(g) Promote and encourage the use of this state's forest products by other states and for export.

Mich. Stat. Ann. § 324.50501 (Lawyers Coop 2002)
The purpose of this part and of the authority created by this part is to preserve existing jobs, create new jobs, and alleviate and prevent unemployment through the retention, promotion, and development of forestry and forest industries and to protect the health and vigor of forest resources by doing all of the following:

(a) Funding practices prescribed and approved by the department that intensify management of certain highly productive portions of this state's forest system.
(b) Implementing a system of forest management that is investment-oriented, economically efficient, and environmentally sound.
(c) Promoting a stable and continuing supply of timber for future economic expansion.
(d) Providing dependable funding of scheduled forest management operations.
(e) Promoting effective investment of revenues from timber sales for high future returns.
(f) Facilitating timely performance of forest management operations.
(g) Earning additional revenues for forest management from timber sales.
(h) Improving existing timber stands and establishing new stands of trees.
(i) Providing for reforestation, forest protection, and timber stand improvement.
(j) Providing an additional funding source for the purposes described in this section from indebtedness secured with revenues generated from future sale of timber harvested from state tax reverted lands and other lands in the state forest system from which revenues derived from the sale of timber were previously deposited in the forest management fund created in former Act No. 268 of the Public Acts of 1945.

Mich. Stat. Ann. § 324.50508 (Lawyers Coop 2002)

(1) Except as provided in section 50507(3), the department shall act as the agent for the authority in contracting for the cutting and sale of timber or other forest management operations and practices undertaken by the authority.
(2) The state's interest in all existing and future contracts granting timber cutting rights on state tax reverted lands are conveyed to the authority to be used for any of the purposes of this part subject to the restrictions of this part. The money received by the state from existing or future contracts for the cutting and sale of timber on state tax reverted lands and on other lands in the state forest system from which revenues derived from the sale of timber were previously deposited in the forest management fund created in former Act No. 268 of the Public Acts of 1945 shall be deposited in the forest development fund and utilized as provided in section 50507(4).
(3) In order to provide for additional security for indebtedness of the authority, the department may convey to the authority title to timber on all or any portion of tax reverted lands and on other lands in the state forest system from which revenues derived from the sale of timber were previously deposited in the forest management fund created in former Act No. 268 of the Public Acts of 1945. The form of conveyance shall be approved by the attorney general and by resolution of the state administrative board. If the authority receives title to any timber, it may release and reconvey timber on state tax reverted lands and on other lands in the state forest system from which revenues derived from the sale of timber were previously deposited in the forest management fund created in former Act No. 268 of the Public Acts of 1945 if requested by the department, and the reconveyance from the authority to the department will not cause the authority to default on any obligation or covenant contained in any resolution of the authority authorizing issuance of bonds or notes.

Mich. Stat. Ann. § 324.50702 (Lawyers Coop 2002)

(1) The property leased pursuant to this part shall be used by the county only for the following purposes:
(a) To establish a forest management demonstration program to produce forest products for the purpose of economic development in the county.
(b) To make forest land available to the local school districts for educational purposes.
(2) The proceeds from the forest management demonstration program shall be used exclusively for economic development in the county.

Mich. Stat. Ann. § 324.50702 (Lawyers Coop 2002)
Within 30 days after the execution of a lease authorized by this part, the county forestry committee shall submit to the department for approval a forest management plan prepared by a registered forester.

Mich. Stat. Ann. § 324.51103 (Lawyers Coop 2002)

The owner of forestland located within this state may apply to the department to have that forestland determined to be a commercial forest under this part.
To be eligible for determination as a commercial forest, forestland shall be capable of all of the following:

(a) Producing not less than 20 cubic feet per acre per year of forest growth upon maturity.
(b) Producing tree species that have economic or commercial value.
(c) Producing a commercial stand of timber within a reasonable period of time.
An application shall be submitted on a form prescribed by the department. In addition to any information that the department may reasonably require by rule, the applicant shall provide all of the following to the department:

(a) A nonrefundable application fee in the amount of $1.00 per acre or fraction of an acre, not to exceed $1,000.00. The department shall remit the application fee to the state treasurer for deposit into the fund.
(b) A legal description and the amount of acreage considered for determination as a commercial forest.
(c) A statement certifying that a forest management plan covering the forestland has been prepared and is in effect.
(d) A statement certifying that the owner of the forestland owns the timber rights to the timber standing on the forestland.

(4) The department shall prepare and distribute to any person desiring to make application under this part a brochure that lists and explains, in simple, nontechnical terms, all of the following:

(a) The application, hearing, determination, declassification, and prosecution process.
(b) The requirements of the forest management plan.

(5) If an applicant is unable to secure the services of a registered forester or a natural resources professional to prepare a forest management plan, the department upon request shall prepare the forest management plan on behalf of the owner of the forestland and charge the owner a forest management plan fee not to exceed the actual cost of preparing the forest management plan.

(6) Before January 1, 1997, an owner of a commercial forest that was designated a commercial forest before January 1, 1994, shall prepare a forest management plan and file a statement with the department certifying that a forest management plan has been prepared and is in effect. If an owner of a commercial forest fails to comply with this subsection, the department shall declassify the owner's commercial forest pursuant to section 51116.

(7) After an owner certifies to the department that a forest management plan has been prepared and is in effect, a violation of that forest management plan is a violation of this part.

Mich. Stat. Ann. § 324.51110 (Lawyers Coop 2002)

(1) Except as provided in subsection (2), a person shall not cut, harvest, or remove forest products from a commercial forest.
(2) The owner of a commercial forest is entitled to cut or remove merchantable forest products on his or her commercial forest without withdrawing it or affecting its status as a commercial forest and without payment of a fee or penalty if the owner complies with all of the following:

(a) After an owner certifies to the department that a forest management plan has been prepared and is in effect under section 51103 and cuts, harvests, or removes forest products in compliance with his or her forest management plan.
(b) All other requirements of this part.

Mich. Stat. Ann. § 324.51112 (Lawyers Coop 2002)
Commercial Forest Fund

(1) The commercial forest fund is created within the state treasury.
(2) The state treasurer shall deposit the money collected from the following sources into the fund:

(a) The application fee and forest management plan fee pursuant to section 51103.
(b) The withdrawal application fee pursuant to section 51108.
(c) The fee described in section 51116(1)(a).
(d) An amount equal to 10 cents for each acre of land enrolled under this part as certified by the department to be appropriated each fiscal year from the general fund.
(e) Any restitution ordered by a court payable to this state for a violation of this part.

(3) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(4) Money in the fund appropriated from the general fund shall remain in the fund at the close of the fiscal year and shall not lapse to the general fund.

(5) The department shall expend the money from the fund, upon appropriation, for enforcement, administration, and monitoring of compliance with this part and rules promulgated under this part.

Mich. Stat. Ann. § 324.51701 (Lawyers Coop 2002)
The state shall not enact, adopt, promulgate, enforce, or practice any law, rule, policy, or concept that creates or tends to create a condition that promotes, fosters, or leads to the beginning or spreading of a forest fire that could jeopardize the public trust in the forests of the state or any private land contiguous to the forests of the state, except as may be required for the protection of the public health, safety, and welfare, or as prescribed for forest management or wildlife management programs under the authority of the department.

Minnesota

Minn. Stat. § 88.06 (2001)
Dead or down timber; removal.

The commissioner may permit, under the commissioner's direct supervision and control, any civilian conservation corps, works progress administration, or other state or federal relief agency actually engaged in the improvement and conservation of state trust fund lands within the boundaries of any state forest to clean up and remove all dead or down timber, underbrush, rotting logs, stumps, and all other combustible refuse and debris which is deemed to be a fire hazard, or the removal of any trees in forest stand improvement and cultural operations which is advisable in the interest of good forest management; and to use so much of these cuttings for firewood and other forest development needs while these camps are thus actively engaged in the improvement and care of these forests.

Minn. Stat. § 88.79 (2001)
State forest service to private owners.
Subdivision 1. Employment of competent foresters; service to private owners.

The commissioner of natural resources may employ competent foresters to furnish owners of forest lands within the state of Minnesota owning respectively not exceeding 1,000 acres of such land, forest management services consisting of advice in management and protection of timber, selection and marking of timber to be cut, measurement of products, aid in marketing harvested products, and such other services as the commissioner of natural resources deems necessary or advisable to promote maximum sustained yield of timber upon such forest lands.

Minn. Stat. § 88.81 (2001)
Forest management practices in litigation.

The commissioner may not implement new or revised forest management practices as part of agreements relating to litigation until the commissioner has reported the forest management practices to the chairs of the environment and natural resources committees of the legislature at the next regular session of the legislature.

Minn. Stat. § 89.002 (2001)
Subdivision 1. Forest resource management policy.

The commissioner shall manage the forest resources of state forest lands under the authority of the commissioner according to the principles of multiple use and sustained yield. The forest resource management policy shall not supersede any existing duty or authority of the commissioner in managing forest lands, but the duties and authorities, as far as practicable, shall be exercised consistently with this policy. The forest resource management policy is not intended to exclude extractive uses of forest lands under the authority of the commissioner pursuant to state law.

Subdivision 2. Reforestation policy.

(a) The commissioner shall maintain all forest lands under authority of the commissioner in appropriate forest cover with species of trees, degree of stocking, rate of growth and stand conditions designed to secure optimum public benefits according to multiple use, sustained yield principles and consistent with applicable forest management plans.
(b) Each year the commissioner shall strive to assure that (1) reforestation occurs annually on an acreage at least equal to the acreage harvested that year on all forest lands under the authority of the commissioner; (2) additional reforestation is accomplished on areas previously harvested but not adequately reforested so that the backlog of reforestation work can be eliminated; and (3) poorly stocked forest land, or forest land damaged by natural causes, shall be returned to a state of productivity.

Subdivision 3. Forest road policy.

The commissioner shall provide a system of forest roads and trails which provides access to state forest land and other forest land under the commissioner's authority which is adequate to permit the commissioner to manage, protect, and develop those lands and their forest resources consistent with the forest resource management policy, and to meet demands for forest resources.

Minn. Stat. § 89.018 (2001)
Heritage forests.
Subdivision 1. Establishment; termination.

(a) The commissioner may establish heritage forest areas within counties named under this subdivision if:
(1) the commissioner determines that establishment is consistent with the purposes of the heritage forest; and
(2) the county board has submitted a resolution to the commissioner delineating and requesting establishment of the heritage forest areas of the county.

Minn. Stat. § 89.65 (2001)
Forestry education.
Subdivision 1. Report on forester education.

By March 1, 1983, the commissioner shall provide to the respective standing committees on natural resources and finance of the house and the senate a report on continuing education needs of public and private foresters. The report shall be done with the assistance and cooperation of the University of Minnesota's agricultural extension service, agricultural experiment station and college of forestry, and shall detail the benefits and costs, including recommendations on licensing and course curricula, of developing a cooperative continuing education program for forestry professionals.

Subdivision 2. Forester continuing education.

By July 1, 1983, the commissioner shall implement a continuing education program for state foresters in the employ of the department of natural resources. The program shall be based on recommendations made in the report required in subdivision 1.

Subdivision 3. Forest management manual.

The commissioner shall prepare and distribute a forest management manual, stressing the concept of multiple use and education and management concerns for small landowners who own at least ten acres of woodlands. The manual shall be prepared with the assistance and cooperation of the University of Minnesota's agricultural extension service, agricultural experiment station and college of forestry, and other public and private forestry organizations.

Minn. Stat. § 89A.05
Timber harvesting and forest management guidelines.
Subdivision 1. Development.

The council shall coordinate the development of comprehensive timber harvesting and forest management guidelines. The guidelines must address the water, air, soil, biotic, recreational, and aesthetic resources found in forest ecosystems by focusing on those impacts commonly associated with applying site-level forestry practices. The guidelines must reflect a range of practical and sound practices based on the best available scientific information, and be integrated to minimize conflicting recommendations while being easy to understand and implement. By June 30, 2003, the council shall review the guidelines and identify potential revisions. If deemed necessary, the council shall update the guidelines by June 30, 2005. Changes to the guidelines shall be peer reviewed prior to final adoption by the council. By December 1999, the council must undertake a peer review of the recommendations in the forest management guidelines adopted in December 1998 for protecting forest riparian areas and seasonal ponds.

Subdivision 2. Economic considerations.

Before the implementation of timber harvesting and forest management guidelines, new site-level practices and landscape-level programs, the council shall analyze the costs and benefits of new site-level practices and landscape-level programs. When the analysis concludes that new landscape-level programs and site-level practices will result in adverse economic effects, including decreased timber supply and negative effects on tourism, opportunities to offset those effects must be explored. The council shall also:

(1) identify and quantify forest and timberland acreages that will no longer be available for harvest; and
(2) encourage public resource agencies to provide sustainable, predictable supplies of high-quality forest resource benefits, including timber supplies that are consistent with their multiple mandates and diverse management objectives. These benefits should be provided by public resource agencies in proportion to their forest land's capability to do so.

Subdivision 2a. Review.

In reviewing the guidelines, the council must consider information from forest resources, practices, compliance, and effectiveness monitoring programs of the department. The council's recommendations relating to revisions to the forest management guidelines must be subject to peer reviewers appointed by the council. The council must consider recommendations of peer reviewers prior to final adoption of revisions to the guidelines.

Subdivision 3. Application.

The timber harvesting and forest management guidelines are voluntary. Prior to their actual use, the council must develop guideline implementation goals for each major forest land ownership category. If the information developed as a result of forest resources, practices, compliance, and effectiveness monitoring programs conducted by the department or other information obtained by the council indicates the implementation goals for the guidelines are not being met and the council determines significant adverse impacts are occurring, the council shall recommend to the governor additional measures to address those impacts. The council must incorporate the recommendations as part of the council's biennial report.

Subdivision 4. Monitoring riparian forests.

The commissioner, with program advice from the council, shall accelerate monitoring the extent and condition of riparian forests, the extent to which harvesting occurs within riparian management zones and seasonal ponds, and the use and effectiveness of timber harvesting and forest management guidelines applied in riparian management zones and seasonal ponds. Information gathered on riparian forests and timber harvesting in riparian management zones and seasonal ponds as specified in this subdivision shall be presented to the legislature by February 2001 and in subsequent reports.

Minn. Stat. § 89A.07 (2001)
Monitoring.
Subdivision 1. Forest resource monitoring.

The commissioner shall establish a program for monitoring broad trends and conditions in the state's forest resources at statewide, landscape, and site levels. The council shall provide oversight and program direction for the development and implementation of the monitoring program. To the extent possible, the information generated under the monitoring program must be reported in formats consistent with the landscape regions used to accomplish the planning and coordination activities. To the extent possible, the program must incorporate data generated by existing resource monitoring programs. The commissioner shall report to the council information on current conditions and recent trends in the state's forest resources.

Subdivision 2. Practices and compliance monitoring.

The commissioner shall establish a program for monitoring silvicultural practices and application of the timber harvesting and forest management guidelines at statewide, landscape, and site levels. The council shall provide oversight and program direction for the development and implementation of the monitoring program. To the extent possible, the information generated by the monitoring program must be reported in formats consistent with the landscape regions used to accomplish the planning and coordination activities. The commissioner shall report to the council on the nature and extent of silvicultural practices used, and compliance with the timber harvesting and forest management guidelines.

Subdivision 3. Effectiveness monitoring.

The commissioner, in cooperation with other research and land management organizations, shall evaluate the effectiveness of practices to mitigate impacts of timber harvesting and forest management activities on the state's forest resources. The council shall provide oversight and program direction for the development and implementation of this monitoring program. The commissioner shall report to the council on the effectiveness of these practices.

Subdivision 4. Other studies and programs.

The council shall monitor the implementation of other programs, formal studies, and initiatives affecting Minnesota's forest resources.

Subdivision 5. Citizen concerns.

The council shall facilitate the establishment of a process to accept comments from the public on negligent timber harvesting or forest management practices.

Minn. Stat. § 89A.10 (2001)
Continuing education; certification.

It is the policy of the state to encourage timber harvesters and forest resource professionals to establish continuing education programs within their respective professions that promote sustainable forest management. The council shall, where appropriate, facilitate the development of these programs.

Minn. Sta. § 90.195 (2001)
Special use permit.

The commissioner may issue a permit to salvage or cut not to exceed 12 cords of fuelwood per year for personal use from either or both of the following sources: (1) dead, down, and diseased trees; (2) other trees that are of negative value under good forest management practices. The permits may be issued for a period not to exceed one year. The commissioner shall charge a fee, not less than $5, in an amount up to the stumpage current market value of fuelwood of similar species, grade, and volume that is being sold in the area where the salvage or cutting is authorized under the permit.

Missouri

Mo. Rev. Stat. § 254.100 (2001)
Private plan of forest management--partial tax relief--revisions.

1. Any person owning or controlling forest land may inaugurate and develop his own plan of management and employ such standards and methods of forest management as may suffice in the judgment of the commission to accomplish the purposes of this chapter and may obtain the partial relief from taxation provided for in this chapter for such forest property so long as the provisions of this chapter are being complied with, provided such plans and methods and application for tax relief be submitted on forms provided by the commission and the same are approved by the commission. Such plans, methods and application shall not be approved unless the commission finds they give reasonable assurance of accomplishing the purposes of this law.
2. After approval of such plans and methods and such application for tax relief such person may present revised working plans from time to time to the commission for the cutting and management of said forest lands, for their approval. Such revised working plans and methods shall be in a form and for a period prescribed by the commission and the decision of the commission in all such matters shall be final. The procedure in effectuating said tax relief shall be as that outlined in this chapter for forest croplands.

Mo. Rev. Stat. § 254.130 (2001)
Compliance with forest management rules and regulations required.

All persons interested in any way in the forest croplands or the cutting of crops therefrom covered by this chapter shall comply with and follow such forest management rules and regulations as are required by the commission.

Mo. Rev. Stat. § 254.230 (2001)
State forester and commission employees, duties of.

It shall be the duty of the state forester and other employees as appointed by the commission:

(1) To promote forestry by assisting any person in forest management, the planting of trees, the conservation and development of trees and the protection of forests and other trees from fires, insects, and diseases;
(2) To assist in the enforcement of all laws and rules and regulations applicable to forest fires.

Montana

Mont. Code Ann. § 77-5-206 (2001)
Management of timber by department.

(1) The department shall supervise all the management of timber before it is cut and secure the most complete utilization of all forest products consistent with the current forest management practices.
(2) It shall instruct and supervise the cruisers, forest wardens, and scalers in the conduct of their work and fix and establish the standard practice in timber sales administration.
(3) Records of converting factors, units of measure, and the scale of logs shall be kept as a permanent public record showing the date of scale or measurement, the designation of the scale, and the name of the scaler.
(4) Where the volume of timber involved is not in excess of 1 million board feet log scale, the department may designate each tree to be cut and make a tree scale measurement of all trees to be sold.

Nevada

Nev. Rev. Stat. § 472.050 (2002)
Cooperative agreements with Federal Government for protection from fire; related agreements; deposit of federal money.

1. The state forester firewarden, with the approval of the director of the state department of conservation and natural resources, may represent the State of Nevada in negotiating and entering into agreements with the Federal Government for the purpose of securing cooperation in forest management and the protection of the forest and watershed areas of Nevada from fire, and enter into such other agreements with boards of county commissioners, municipalities, organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal agreements or that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover.
2. Any federal money allotted to the State of Nevada under the terms of the federal agreements and such other money as may be received by the state for the management and protection of forests and watershed areas therein shall be deposited in the division of forestry account in the state general fund.

New Hampshire

N.H. Rev. Stat. Ann. § 227-G:3 (2002)
Duties and Authority of the Director of the Division of Forests and Lands. -
I. The director shall:

(a) Execute all matters pertaining to forestry, forest management, and forestlands within the jurisdiction of the state, including cooperation with other state and federal agencies, with the approval of governor and council as required.
(b) Be responsible for the forest management of all reservations and state-owned forestlands except those areas managed for special purposes. The director shall consult with the directors of all agencies responsible for such areas in regard to forest management.
(c) Execute all matters pertaining to the use of state reservations, except matters pertaining to the recreational development, administration, and maintenance, which shall be done in cooperation with the director of the division of parks and recreation, department of resources and economic development, with the approval of governor and council as required.
(d) Gather information on the state's forest resources and plan for the multiple use and perpetuation of those resources.
(e) Enforce provisions on timber harvesting in RSA 227-J.
(f) Be responsible for overall forest health monitoring, reporting, and protection.
(g) Be responsible for the overall prevention and control of woodland fires throughout the state except within the boundaries of the White Mountain National Forest.
(h) Administer the funds in RSA 227-G:5.
(i) Prepare biennially a report to the governor on the activities and plans of the division. Such report shall contain an itemized statement of all expenses incurred or authorized by the director or by the commissioner.
(j) Carry out such other duties relating to forests, forest management, and forestlands as may be delegated by the commissioner lying within the jurisdiction of the department.

N.H. Rev. Stat. Ann. § 227-G:5 (2002)
Forest Funds. -
I. Forest management and protection fund.

There is hereby established a forest management and protection fund. This fund shall be used for the following:

(1) Managing state-owned forestlands.
(2) Monitoring of forest health and protection of state and private forestlands from disease and insect infestations.
(3) Enforcing the laws relating to the harvesting of timber.

(b) The forest management and protection fund shall be a nonlapsing fund administered by the treasurer of the state of New Hampshire. The fund shall be continually appropriated and expended at the discretion of the director of the division and the commissioner. Any funds in excess of that appropriated from the fund may be expended by the commissioner, with prior approval of the fiscal committee and governor and council, in accordance with RSA 227-G:5, I(a). Revenues shall be derived from the proceeds of the sale of timber and other forest products from state-owned forestlands, the amount of which shall be the difference between the total receipts from the sale of timber within any fiscal year and $150,000, the average annual stumpage receipt from the sale of timber from state forestlands for the period 1983-1992. Revenues shall also be derived from the lease of state-owned forestlands, or billable services provided by the division of forests and lands, if the revenues are not dedicated to any other purpose. Revenues for the fund shall also be derived from administrative fines collected pursuant to RSA 227-J:14.

II. Forest improvement fund.

(a) All revenue derived from rentals and sales of forest products from federal lands placed under the jurisdiction of the department shall be kept by the state treasurer in a separate account as a continuous fund to be known as the forest improvement fund from which the expenses of forest management and silvicultural operations on these federal lands may be paid. Such funds may be used interchangeably between the various federal lands under the jurisdiction of the department, with the approval of the concerned federal agency or agencies.
(b) All revenues derived from the sale of state lands and buildings under the jurisdiction of the department shall be kept by the state treasurer in a separate account as a continuous fund within the forest improvement fund from which payment shall be made by the department for the purchase and improvement of areas suitable for state reservations.
(c) At the close of each fiscal year the unexpended balance of moneys in the forest improvement fund shall not lapse but shall be carried forward and be made available for use in subsequent years for such purposes.

III. Forest protection personnel training fund.

The court or justice of any court in which a complaint for a violation of any law or rule relating to this title and other laws pertaining to the protection and improvement of forestlands is prosecuted shall, within 30 days after any fine or forfeiture is paid, remit the amount of such fine or forfeiture to the commissioner, provided, however, that from each fine collected by a municipal or district court, there shall be deducted $10 and 20 percent of that part of the fine that exceeds $10 and the same shall be dispensed of as provided for in RSA 502:14 or 502-A:8. The portion of the fine or forfeiture returned to the commissioner shall be placed in an account to be known as the forest protection personnel training fund which shall be continually appropriated to the division for the purpose of training forest protection personnel. All administrative fines collected under RSA 227-L:2, V shall be deposited into this fund.

N.H. Rev. Stat. Ann. § 227-H:2 (2002)
Duties of the Director. -
I. The director shall:

(a) Ensure that forest management on reservations:

(1) Gives due consideration to the conservation of all resources and benefits.
(2) Considers the context of these reservations in the surrounding landscape.
(3) Is guided by principles of sustained yield.

(b) Coordinate forest management on reservations with other interested state and federal agencies.

(1) Raise seedling trees at a state forest nursery and, on terms approved by the commissioner, sell the trees to persons who desire to plant them. The director may, with like approval, distribute them for educational purposes free of charge to counties, municipalities, and public institutions owning land which is suitable for reforestation, or which would benefit from tree cover and may arrange for and supervise the planting of such land and any other land suitable for planting owned or acquired by the state.
(2) In the case of land owned by counties or municipalities, they shall pay the cost of planting the trees furnished by the state, shall protect and care for them as recommended by the director, and, when required, shall furnish the director with information as to the trees' condition and growth.

N.H. Rev. Stat. Ann. § 227-I:3 (2002)
Education and Promotion. -
I. The governor shall annually proclaim one week during the month of May, as recommended by the director, as forest conservation week, to encourage the proper care and utilization of the state's forest resources. The governor shall urge forest landowners to observe the occasion by seeking professional forestry advice on the forest management of their woodlots and shall urge others to develop a greater awareness of the forest by obtaining informational pamphlets, publications and material, and by participating in forestry education activities and programs.

II. The governor shall annually proclaim the last Friday in April in each year as Arbor Day, designating this day for the recognition of the significant contribution of trees and shrubs to the well-being, comfort, and inspiration of the people of this state. The governor shall direct the director to encourage appropriate local and state celebrations and educational programs in commemoration of the occasion and to encourage all citizens of the state, individually and in organized groups, to enrich their surroundings by the planting of trees and shrubs on their own properties and in approved public places.

N.H. Rev. Stat. Ann. § 227-I:4 (2002)
Recommended Forest Management Practices. - The director shall coordinate an effort to produce educational tools that identify recommended voluntary forest management practices for sites or practices which are ecologically sensitive due to soils, wildlife habitat, and other unique natural features such as high elevations, steep slopes, deer wintering areas, riparian zones, sensitive soils, and clearcutting.

N.H. Rev. Stat. Ann. § 227-J:9 (2002)
Cutting of Timber Near Certain Waters and Public Highways of the State; Penalty. -
I. Within a 12-month period, no more than 50 percent of the basal area of trees shall be cut or otherwise felled, leaving a well distributed stand of healthy, growing trees:

(a) Within 150 feet of:

(1) Any great pond;
(2) Any standing body of water 10 acres or more in area;
(3) Any fourth order or higher stream; or
(4) Any public highway; or

(b) Within 50 feet of:

(1) Any stream, river, or brook not included in subparagraph (a)(3) which normally flows throughout the year; or
(2) Any standing body of water less than 10 acres in area associated with a stream, river, or brook which normally flows throughout the year.

This paragraph shall not apply if the person who pushes over, cuts, saws, or operates upon, or causes to be pushed, cut, sawed, or operated upon, any trees described in subparagraphs (a) or (b), obtains the prior written consent of the director, or of the director's agents in accordance with paragraph V.

New Jersey

N.J. Stat. Ann. § 13:1L-13 (2002)
Forest management program
The department shall plan, develop and implement a forest management program for the forest resources of the State parks and forest and by providing technical information, advice and related assistance to promote the best technical management practices for public and private forest landowners and managers, vendors, forest operators, wood processors, public agencies and individuals regarding:

a. The harvesting, marketing and processing of timber and other forest resources and the development of maximum efficiency in the utilization of wood and wood products consistent with the principle of maintaining long-term, sustained yield of these products;
b. Conversion of wood to energy for domestic, industrial, municipal and other uses;
c. Management planning and treatment of forest land, including but not limited to, protection, site preparation, timber stand improvement, reforestation, prescribed burning and other practices designed to increase the quantity and improve the quality of timber and other forest resources;
d. Protection and improvement of: forest soil fertility; watersheds to enhance the quality and quantity of water yields; and beneficial effects of forest habitat on fish and wildlife.

N.J. Stat. Ann. § 13:9B-4 (2002)
Exemptions from permit, transition area requirements
The following are exempt from the requirement of a freshwater wetlands permit and transition area requirements unless the United States Environmental Protection Agency's regulations providing for the delegation to the state of the federal wetlands program conducted pursuant to the Federal Act require a permit for any of these activities, in which case the department shall require a permit for those activities so identified by that agency:

a. Normal farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food and fiber, or upland soil and water conservation practices; construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches; construction or maintenance of farm roads or forest roads constructed and maintained in accordance with best management practices to assure that flow and circulation patterns and chemical and biological characteristics of freshwater wetlands are not impaired and that any adverse effect on the aquatic environment will be minimized;
b. Normal harvesting of forest products in accordance with a forest management plan approved by the State Forester;
c. Areas regulated as a coastal wetland pursuant to P.L. 1970, c. 272 (C. 13:9A-1 et seq.);
d. Projects for which (1) preliminary site plan or subdivision applications have received preliminary approvals from the local authorities prior to the effective date of this act, (2) preliminary site plan or subdivision applications have been submitted prior to June 8, 1987, or (3) permit applications have been approved by the U.S. Army Corps of Engineers prior to the effective date of this act.
e. The exemptions in subsections a. and b. of this section shall not apply to any discharge of dredged or fill material into a freshwater wetland incidental to any activity which involves bringing an area of freshwater wetlands into a use to which it was not previously subject, where the flow or circulation patterns of the waters may be impaired, or the reach of the waters is reduced.

New Mexico

N.M. Stat. Ann. § 68-2-2 (2002)
Acceptance of federal laws.

The state of New Mexico is authorized to accept the provisions of the Act of Congress dated June 7, 1924, commonly known as the Clarke-McNaly Act, the Act of Congress dated August 25, 1950, commonly known as the Cooperative Forest Management Act, and the Act of Congress dated June 25, 1947, commonly known as the Forest Pest Control Act.

New York

N.Y. Environmental Conservation Law § 9-0105 (Consol. 2002)
Outlines the general powers and duties of the Department of Lands.

N.Y. Environmental Conservation Law § 9-0709 (Consol. 2001)
Duties of regional forest practice boards.

The regional forest practice boards shall, subject to the approval of the state forest practice board and the commissioner, and in order to procure state assistance for cooperating owners of forest and farm woodlands, determine the forest practice standards necessary for their regions. After such standards have been approved by the state forest practice board and the commissioner, the regional forest practice boards shall formally adopt such standards and promote their application. The boards may assist cooperating owners in carrying out such application of the approved forest practice standards.

N.Y. Environmental Conservation Law § 9-0713 (Consol. 2001)
State assistance.

Upon the establishment of regional forest practice boards, and upon the adoption and promulgation of forest practice standards, the regional forest practice boards shall notify all the owners of forest land in their regions that the commissioner is prepared to assist cooperating owners in connection with the application of approved forest practice standards. The commissioner shall provide to cooperating forest and farm woodland owners technical services in connection with all phases of forest management including but not limited to, plantation establishment and care, the marking of timber, marketing assistance and silvicultural treatment of immature stands.

N.Y. Environmental Conservation Law § 45-0101 (Consol. 2001)
State Nature and Historical Preserve Trust.

Declaration of findings and purpose.

The overwhelming approval by the people of section 4 of article XIV of the Constitution, clearly demonstrates the public awareness and desire to preserve the great natural resources and heritage of the state.

Accordingly, the legislature now finds it necessary to provide for a state nature and historical preserve to assure the protection of lands, outside of forest preserve counties, of special natural beauty, wilderness character or geological, ecological, or historical significance so that present and future generations may share their ecological, educational and recreational value.

Lands dedicated to the preserve shall include only those lands in state ownership in need of the highest level of protection. The dedication of ecologically significant lands to the preserve is intended for unique and irreplaceable state-owned lands that are relatively undisturbed and not presently being actively managed through modern forest management practices.

North Carolina

N.C. Gen. Stat. § 113-29 (2002)
Policy and plan inaugurated by the Department of Environment and Natural Resources.

The Department of Environment and Natural Resource developed a policy and plan looking to the cooperation with private and public forest owners in this State insofar as funds may be available through legislative appropriation, gifts of money or land, or such cooperation with landowners and public agencies as may be available:

(1) The extension of the forest fire prevention organization to all counties in the State needing such protection.
(2) To cooperate with federal and other public agencies in the restoration of forest growth on land unwisely cleared and subsequently neglected.
(3) To furnish trained and experienced experts in forest management, to inspect private forestlands and to advise with forest landowners with a view to the general observance of recognized and practiced rules of growing, cutting, and marketing timber.
(4) To prepare and distribute printed and other material for the use of teachers and club leaders and to provide instruction to schools and clubs and other groups of citizens in order to train the younger generations in the principles of wise use of our forest resources.
(5) To acquire small areas of suitable land in the different regions of the State on which to establish small, model forests which will be developed and used by the Department as State demonstration forests for experiment and demonstration in forest management.

N.C. Gen. Stat. § 113-34 (2002)
Power to acquire lands as State forests, parks, etc.

The Governor of the State is authorized upon recommendation of the Department to accept gifts of land to the State to be held, protected, and administered by the Department as State forests, and to be used so as to demonstrate the practical utility of timber culture, water conservation , and as refuges for game.

N.C. Gen. Stat. § 113-59 (2002)
Cooperation between counties and State in forest protection and development.

The board of county commissioners of any county is authorized and empowered to cooperate with the Department in the protection, reforestation, and promotion of forest management of their own forests within their respective counties.

N.C. Gen. Stat. § 113-60 (2002)
Instructions on forest preservation and development.

Requires all forest ranger and deputy rangers to distribute in all of the schools of the county in which they are serving all books, periodicals, and other literature that may be sent to them by the State and federal forestry agencies touching or dealing with forest preservation, development, and forest management.

Ohio

Ohio Rev. Code Ann. § 1503.011 (Banks-Baldwin 1995)
Forest conservation and development.

The chief of the division of forestry is responsible for the conservation and development of forests within the state. His concerns include silvicultural practices, for such purposes as watershed and soil protection, timber production and utilization, recreation, aesthetics, wildlife habitat development, and urban enhancement and for all benefits that forests provide.

Ohio Rev. Code Ann. § 1503.011 (Banks-Baldwin 1995)
Timber sale agreements; bond; forest fund.

The chief of the division of forestry is authorized to sell timber and other forest products from the state forest whenever he considers such a sale desirable and, with the approval of the attorney general and the director of natural resources, may sell portions of the state forest lands when such a sale is advantageous to the state.

Ohio Rev. Code Ann. § 1553.02 (Banks-Baldwin 1995)
Civilian Conservation - Development of programs.

The chief of the division of civilian conservation is to ensure that each program established under this chapter provides participants with work experience related to the conservation, development, and management of natural resources and recreational areas and assistance in the development of related community programs.

Oklahoma

Okla. Stat. Ann. tit. 1 § 16-12 (2003)
Persons may apply to the Commissioner of the State Department of Agriculture for cost-share funds to improve forest lands in the state of Oklahoma in accordance with rules promulgated by the State Board of Agriculture.

Okla. Stat. Ann. tit. 1 § 16-55 (2003)
Urban forestry duties - Shade and environmental improvement.

The State Board of Agriculture is empowered to cooperate with the United States Secretary of Agriculture and with communities, towns, cities, and individuals in the planning, care, and management of trees and forests for shade, ornamental, and recreational purpose, and to improve air quality, reduce noise, and conserve soil, water, and ecological balance. Forest management to meet human needs for forest products is also authorized.

Okla. Stat. Ann. tit. 1 § 16-56 (2003)
Scientific forest management on state lands, wilderness excepted.

The purpose of the Oklahoma Forestry Code relating to forest management is to encourage the practice of scientific forest management on all lands owned by the State of Oklahoma according to standards that manae, protect, utilize, and perpetuate suitable trees for their many benefits. The provisions of the Oklahoma Forestry Code are not to be construed to apply to state-owned land in wilderness areas.

Okla. Stat. Ann. tit. 1 § 16-70 (2003)
Management to be for public interest.

All state forests, all programs in management, nursery production, reforestation, urban forestry, educational activities, and other forestry endeavors of the Forestry Division will be managed and administered by the State Board of Agriculture in the interest of the public.

Oregon

Or. Rev. Stat. § 307.827 (2002)
Exempts environmentally sensitive logging equipment from ad valorem property taxation.

Or. Rev. Stat. § 376.507 (2002)
Definition of "transportation of the raw products of the forest."

As used in ORS 376.505 to 376.540 "transportation of the raw products of the forest" includes ingress to and egress from forestland solely for the purpose of management, protection, growth and conservation of forest crops by thinning, reseeding, brush control and other forest management operations.

Or. Rev. Stat. § 477.552 (2002)
It is the policy of the State of Oregon:

(1) To improve the management of prescribed burning as a forest management and protection practice; and
(2) To minimize emissions from prescribed burning consistent with the air quality objectives of the federal Clean Air Act and the State of Oregon Clean Air Act Implementation Plan developed by the Department of Environmental Quality under ORS 468A.035.

Or. Rev. Stat. § 496.270 (2002)
Immunity from liability for damages resulting from habitat or water quality improvement project; exceptions.

(1) The Legislative Assembly declares that it is the policy of the State of Oregon to encourage operators, timber owners and landowners to voluntarily improve fish and wildlife habitat. In order to carry out this policy, the Legislative Assembly encourages cooperation among operators, timber owners and landowners and other volunteers.

Or. Rev. Stat. § 526.780 (2002)
Agreements for forestry carbon offsets; requirements; creation; disposition of revenues.

(1) The State Forester may enter into agreements with nonfederal forest landowners as a means to market, register, transfer or sell forestry carbon offsets on behalf of the landowners to provide a stewardship incentive for nonfederal forestlands.

Or. Rev. Stat. § 527.662 (2002)
Stewardship agreements; rules; procedures for adoption; contents; notice to interested parties; hearing.

(1) In order to implement more efficiently the provisions of the Oregon Forest Practices Act, the State Board of Forestry may enter into stewardship agreements with landowners, in lieu of the traditional mechanisms of operation planning and review, inspections and enforcement.

Rhode Island

R.I. Gen. Laws § 32-3-11 (2001)
Reforestation projects. - A town forest and park commission shall also have jurisdiction over forest management projects and the reforestation of any land owned by that town and shall provide for that reforestation and may cooperate with the state in reforestation of any rural lands within that town under such terms as may be deemed to be for the public benefit of that town and with the approval of the town council.

South Carolina

S.C. Code Ann. § 49-28-80 (2001)
Landowners required to submit forest management plan and maintain land in forest condition.

The eligible landowner shall be required to submit an approved forest management plan to the State Forester and during tenure shall be required to maintain eligible lands in a forest condition for a period of ten years or until commercial harvest or the landowner shall be required to remit the cost-sharing payment back to the forest renewal fund.

S.C. Code Ann. § 48-36-30 (2001)
Designated agency; duties.

The State Commission of Forestry is the designated agency in South Carolina to provide public oversite and guidance for technical forest management practices and related activities in laws pertaining to forest lands. To carry out this charge, the commission may enter into contracts and memorandums of understanding with other state or federal agencies. The commission shall establish Best Management Practices, related monitoring programs, and other programs to assure that forestry practices are in compliance with state and federal regulations.

S.C. Code Ann. § 50-2-10 (2001)
Short title. The South Carolina Forest Management Protection Act.

S.C. Code Ann. § 50-2-10 (2001)
Purpose of the Forest Management Protection Act.

The purpose of this act is to encourage and protect landowners' ability to maintain their land for forest use and to conduct forest management activities.

S.C. Code Ann. § 50-2-30 (2001)
Definitions.

(A) A forestry operation is an area where forest management activities are conducted for the production of timber resources for wood products or providing wildlife habitat, outdoor recreation, or other environmental values. A forestry operation inherently includes lengthy periods between forest management activities and shall be deemed continuously operating so long as the operation supports an actual or developing forest.
(B) Forest management activities include, but are not limited to, timber harvest, site preparation, controlled burning, tree planting, applications of fertilizers, herbicides, and pesticides, weed control, animal damage control, fire control, insect and disease control, forest road construction, and any other generally accepted forestry practices.

S.C. Code Ann. § 50-2-40 (2001)
Application of Forest Management Protection Act.

This act shall apply only to forest management activities on forestry operations that are eligible for timberland use value assessment for property tax purposes.

Utah

Utah Code Ann. § 65A-8a-106 (2002)
Under the Utah Forest Practices Act.

Division to provide technical assistance.

(1) The division may provide:

(a) advice and technical assistance to landowners and operators by:

(i) developing forest stewardship plans;
(ii) developing harvest or forest management plans; and
(iii) developing programs and activities promoting stewardship of forest and other lands;

(b) information about tax incentives or other financial incentives designed to enhance the productive potential of forested land; or
(c) federal cost-share incentives to eligible nonindustrial, private forest landowners, if available.

(2) The division, in cooperation with Utah State University Extension Services, shall:

(a) develop and implement a public education and awareness program to inform citizens about the benefits of long-term stewardship of forest and other lands; and
(b) provide technical assistance to landowners in developing management plans that may be required for financial incentive programs.

Vermont

Vt. Stat. Ann. tit. 10, § 2625 (2002)
Regulation of heavy cutting.

(a) Provides definitions for purposes of this section.
(b) Provides a list of the landowners that are required to file a notice of intent to cut with a field forester at least 15 days prior to commencing a heavy cut.
(c) Upon the filing of a notice, the field forester will determine if the cut is exempt from further review by examining it against a list of variables.
(d) Authorization to proceed. If an exemption does not apply and the applicable fee has been paid, the department field forester shall review the proposed heavy cut. If the proposal is in conformance with the applicable rules adopted by the department, the department field forester shall issue authorization to proceed. If the proposed heavy cut is not in conformance with the rules, authorization to proceed shall be denied and the proposed heavy cut shall be prohibited.
(e) Processing of a notice of intent to cut.
(f) Appeals.
(g) Rulemaking authority.
(h) Fees.
(i) Applicability to public lands.
(j) Enforcement.

Virginia

Va. Code §2.2-1158 (2002)
Management, harvesting and sale of timber on lands under control of Division.

The Division may manage and harvest timber on lands placed under its control in accordance with the best timber management practices, after receiving the advice of the State Forester. The Division may also sell the timber, but before the sale is made, the State Forester or his deputy shall furnish the Division with an estimate of the value of the timber. In the event of sale, the proceeds shall first be used to defray the cost of the sale and the cost of maintenance of the property from which the timber is removed and the remainder, if any, of the funds shall be deposited in the Forest Management of State-owned Lands Fund.

Va. Code §10.1-113 (2002)
Sale of trees.

For the purpose of maintaining the production of forest products in Departmental lands, the Director, upon the recommendation of the State Forester, may designate and appraise trees to be cut under the principles of scientific forest management, and may sell them for not less than their appraised value. When the appraised value of the trees to be sold is more than $10,000, the Director, before selling them, shall receive bids, after notice by publication once a week for two weeks in two newspapers of general circulation; but the Director shall have the right to reject any and all bids and to readvertise for bids. The proceeds arising from the sale of the timber and trees shall be paid into the Conservation Resources Fund.

Va. Code §10.1-1115 (2002)
Sale of trees.

For the purpose of maintaining in perpetuity the production of forest products on state forests, the State Forester may designate and appraise the trees which should be cut under the principles of scientific forest management, and may sell these trees for not less than the appraised value. When the appraised value of the trees to be sold is more than $10,000, the State Forester, before making such sale, shall receive bids therefor, after notice by publication once a week for two weeks in two newspapers of general circulation. The State Forester shall have the right to reject any and all bids and to readvertise for bids. The proceeds arising from the sale of the timber and trees so sold, shall be paid into the state treasury, and shall be held in the Reforestation Operations Fund for the improvement or protection of state forests or for the purchase of additional lands.

Va. Code §10.1-1120 (2002)
Forest Management of State-Owned Lands Fund.

The Forest Management of State-Owned Lands Fund established by the legislature in 1980 is continued.

Va. Code §10.1-1122 (2002)
Management, harvesting, sale of timber on state-owned land.

A. The Department in cooperation with the Division of Engineering and Buildings shall develop a forest management plan for state-owned lands with the assistance of affected state agencies, departments and institutions.
B. Prior to the sale of timber from state-owned lands,