The decision to harvest timber for most landowners is a difficult one. While the money to be made is attractive, the process is discouraging, and the outcome may be unfamiliar. Most landowners that harvest their forested property do so only once or twice in their lifetimes and are unfamiliar with complex, confusing, and constantly changing environmental laws, rules, regulations and agencies. Surveys often show that most landowners are interested in aspects of their land other than the timber value.
So how does a landowner respond to a big increase in timber values or a financial need that selling timber just might meet? The first step is to gather information - about your property, the market for timber, laws and regulations, people and agencies that can help (or hinder) your progress, then to define your needs and expectations. This series of articles encourages you, the landowner, to develop a Stewardship Plan for your property. In the process of developing a stewardship plan, you will discover a lot about the who, what, where, why, how, and when of managing your forest property. The information offered is practical in nature and should help you make the “do I really want to harvest” decision.
If you make the decision to harvest timber, you will have to get the California Department of Forestry and Fire Protection (CDF) to approve a Timber Harvest Plan (THP), a notice of exemption, or a notice of exception. The THP is an environmental review document. California law and subsequent court decisions have made the THP the functional equivalent of an Environmental Impact Report. The intent of the THP is to protect productivity of a harvest site and the environment around it from damage. The THP spells out the types of activities proposed, when and how they can be performed, and treatments that minimize impacts to the environment. Protection for streams, ponds, domestic water supplies, and prevention of potential erosion are emphasized. The idea, of course, is that if a landowner damages a water source it will impact downstream water users and wildlife.
|
Purpose |
Christmas Trees |
Dead, Dying or Diseased |
Fuelwood or split products |
Fire hazard reduction |
Substantially Damaged land -not for sawlogs |
Less than 3 acre conversion |
|---|---|---|---|---|---|---|
|
Form |
RM-73 |
RM-73 |
RM-73 |
RM-73 |
RM-73 |
RM-73 |
|
Acreage Limit |
None |
None |
None |
Within 150 feet of residence |
None |
Less than 3 acres one time for ownership |
|
Cut Live trees |
Yes |
No |
Yes |
Yes |
No (see rules for exceptions) |
Yes |
|
Need RPF |
No |
No |
No |
No |
No |
Yes |
|
Trees marked |
No |
No |
No |
No |
No |
No |
|
Approval Time |
Wait for notice of receipt from CDF |
Wait for notice of receipt from CDF |
Wait for notice of receipt from CDF |
Within 5 days of receipt by CDF. Wait for notice of receipt from CDF |
Wait for notice of receipt from CDF |
Within 15 days from receipt by CDF. Wait for notice of receipt from CDF |
|
Work completed within |
One Year |
One Year |
One Year |
One Year |
One Year |
One Year (logging) Two years to complete conversion. |
|
Notify CDF of Operations |
No |
No |
No |
Yes |
No |
No |
|
Notify Neighbors |
No |
No |
No |
No |
No |
Yes |
|
Permit Posted |
No |
No |
No |
Yes |
No |
Yes |
|
Silviculture Limitation |
None |
Can cut less than 10% of the volume |
Can cut less than 10% of the volume |
Some |
Must meet definition for substantially damaged timberland |
none |
|
Stocking Report |
No |
No |
No |
No |
No |
Work completion |
|
Comments |
|
Many special rules see 1038(b) |
Many special rules see 1038(b) |
Strict slash clean up required |
Many special rules see 1038(b) |
Many special rules |
|
Purpose |
Agency - utility right of way |
Emergency Operations |
Modified Timber Harvest Plan |
Timber Harvest Plan |
Conversion of Timberland |
Non Industrial Timber Mgmt Plan |
|---|---|---|---|---|---|---|
|
Form |
RM-73 |
RM-63 |
RM-63 |
RM-63 |
RM-53 |
|
|
Acreage Limit |
None - must be right of way |
None |
100 acres or less in ownership |
None |
None |
2500 |
|
Cut Live trees |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
|
Need RPF |
No |
Yes |
Yes |
Yes |
No |
Yes |
|
Trees marked |
No |
Yes - some exceptions |
Depends on silvicultural system |
Depends on silvicultural system |
No |
Yes |
|
Approval Time |
Wait for notice of receipt from CDF |
Wait for notice of receipt from CDF |
Minimum 25 days |
Minimum 25 days |
Varies - expect months |
45 Days |
|
Work completed within |
One Year |
120 Days |
Three years can request 2 - 1 year extensions |
Three years can request 2 - 1 year extensions |
Five years |
Life |
|
Notify CDF of Operations |
No |
No |
Yes |
Yes |
Yes |
Yes |
|
Notify Neighbors |
No |
No |
Yes |
Yes |
No |
Yes |
|
Permit Posted |
No |
No |
Yes |
Yes |
No |
No |
|
Silviculture Limitation |
None |
Must meet definition of emergency conditions |
Yes (See rules) |
Yes (see rules) |
No |
Uneven aged only |
|
Stocking Report |
Yes (Work completion) |
Yes |
Yes |
Yes |
Yes - (Work Completion) |
|
|
Comments |
|
|
Written impact analysis is not required |
Detailed cumulative impact analysis is required |
Needs THP and RM-91 for county approved subdivisions |
Locks in Forest Practice Rules |
Essentially, any time that you sell, barter, or trade timber, you need to have an approved THP or an exemption to filing a THP. Table 1 summarizes some of these rules. Landowners, harvesting a small amount of wood for their personal use, typically firewood, do not need to obtain a THP. As soon as you sell or barter the wood, you fall under the Forest Practice Act and Rules and must have a THP. Landowners who harvest Christmas trees, dead dying or diseased trees, split products, are establishing a right-of way, or removing fire hazard trees within 150 feet of a structure can file for an exemption. There is also a one-time exemption for conversion of 3 acres to another use. An exemption from THP is not an exemption from following the Forest Practice and other environmental rules and regulations. The idea is that activities exempted from THP are of a size and scale that will not significantly impact the forest resources.
Table 1 gives a brief summary of some of the other considerations for the various types of THP or exemption documents. Since the forest practice rules change often, you should check with a forester or CDF to see if this information has changed.
Form – Refers to the CDF form that is filed for this type of harvest.
Acreage Limit – Briefly describes the number of acres that this type of treatment refers to.
Cut Live Trees – Many of the exemptions are for dead or dying trees, limiting cutting of live trees.
Need RPF – Are you required under the law to have a Registered Professional Forester (RPF) prepare the form? Even for those activities that do not require an RPF, you are still required to follow the law. In many cases, it is in your best interest to hire an RPF.
Trees Marked – Are individual trees required to be marked prior to the harvest?
Approval Time – Describes how much time the law gives CDF to respond to your completed form.
Notify CDF of Operation – Some activities require that you formally notify CDF just prior to the start of operations.
Notify Neighbors – Some activities require that you notify certain neighbors of harvesting activities. Even when it is not required, it is often a good idea.
Permit Posted – Some activities require that a copy of the CDF permit be posted at the entrance to the job site.
Silvicultural Limitation – Some of these exceptions require certain practices be followed in order to qualify for the exemption. Please refer to the current rules for more details.
Reports–Stocking Completion – Some of these activities require that you file a stocking report–an estimate of the number of trees regenerated per acre after harvest. Others require a notice that work is completed.
Comments – point to some special requirements. In all cases, you should become familiar with the rules for each type of operation.
A Registered Professional Forester (RPF) is the
only person authorized by California law who can sign a Timber
Harvest Plan (THP). To become an RPF, a person has to have 7 years of
education and experience in forestry. The education must be from an
accredited institution, and the experience must be supervised by an
RPF.
Choose an RPF like you would any professional -
with great care. A timber harvest is an expensive, potentially
destructive event. Great financial and environmental values are
involved. Large sums of money often change hands. The laws are
complex and confusing. So you want the best person to be looking out
for your interests. You should be prepared to pay for these
services.
Personal recommendations from neighbors, friends,
and associates who have harvested timber in the past are great
sources for finding the right professional for your needs. Many of
the most respected foresters rely solely on word-of-mouth advertising
and often have as much work as they can handle. Members of landowner
organizations like the Forest Landowners of California swap forester
and logger stories at their annual meetings and are often willing to
share their experiences, both good and bad. It might be useful to
join Forest Landowners of California just to get recommendations. CDF
publishes a list of RPFs that work in each county. Also, professional
societies like the California Licensed Foresters Association,
Association of Consulting Foresters, and the Society of American
Foresters will direct landowners to their members.
After you have some names, it is good to check out
several professionals before deciding on which one best meets your
needs. Choosing an RPF is very much like finding the right doctor.
Landowners are very attached to their property. The personality of
the professional they hire can be just as important as their
technical expertise. Some landowners are comfortable with the
“get-in, get-out, get-it-done” cool efficiency of some
foresters, others need more details and explanation. To provide the
best possible service to their clients, RPFs need to become familiar
with family circumstances and finances.
Ask RPFs to visit you on your property for an
assessment of harvest potential. These visits are usually free.
After narrowing the field, it is time to ask the
hard questions. Ask for references for recent jobs and follow up.
Call the references and find out if they were satisfied with the RPF.
Ask if they would hire that person again. Visit recent harvests and
review the THP. Check with the Board of Forestry, Professional
Licensing - ask if the RPF under consideration has any disciplinary
actions. Request details.
Check which organizations the RPF belongs to. The
California Licensed Foresters Association provides continuing
education to its members, mostly in terms of changes to forest
practice laws. The Society of American Foresters is a professional
society which has a continuing education certification program.
Membership in any of these groups helps to indicate professional
growth and continuing education.
Another place to check is with the county
courthouse. If a professional has a great number of lawsuits pending,
that can indicate trouble.
Avoid the temptation of having a Licensed Timber Operator (logger) provide forestry services. Licensed Timber Operators work with or have an RPF on staff and will prepare a complete THP as part of a logging contract. The RPF is legally and ethically bound to serve the financial interests of the person who is paying for their services. You want to be the one writing the check.
To prepare a THP, the forester needs to check
county records for the legal description of the property including
obtaining parcel maps and identifying neighbors and downstream
parcels. The RPF requests archaeological information and contacts the
Native American Heritage Commission members in the county to request
information on cultural sites. Adjacent federal agencies are
contacted requesting information regarding wildlife, archaeology, and
activities that could affect the THP. All adjacent landowners and
those within 1000 feet downstream of the THP are contacted and a
notice of harvesting is published in the newspaper.
Field work often includes determining property or
THP boundaries, assessment of potential cultural or historical sites,
identifying water courses, determining site productivity and
identifying erosion hazards, and laying out roads, landings and skid
trails, and marking timber.
Then it’s back to the office to prepare the
actual THP which requires maps, a description of the property, the
types of activities that are to be accomplished, an assessment of
cumulative effects, a check on wildlife and threatened and endangered
species, and all supporting documentation.
A team of foresters, wildlife biologists,
hydrologists and archaeologists from the CDF and other agencies
review the THP for compliance with the Forest Practice Act and Rules
and other laws – clean water, historic preservation. The THP is
officially filed. A preharvest inspection is scheduled if
necessary.
During the Preharvest Inspection, the CDF
inspector, the RPF, and often the Licensed Timber Operator, walk the
THP and determine if there are any problems with the written document
and the field conditions. Any questions or changes required by the
Preharvest Inspection are responded to in writing. Any concerns by
the public must also be addressed.
When all requirements, questions, and concerns are addressed, the THP is approved and harvesting can begin. After harvest, a stocking survey is completed to show that the harvested area is restocked with live healthy trees.
The actual timber harvest is conducted by a
Licensed Timber Operator (LTO) who is licensed by the state. LTOs are
required to take a course in timber harvest laws, document at least
3,000 hours of timber harvesting experience, and present a
certificate of timber harvesting insurance including a million
dollars in commercial general liability insurance and a loggers
third-party damage liability.
Typically, the RPF prepares a proposal that lists
the quantity and quality of timber that is to be sold. The proposal
also discusses the limitations of the timber sale and estimates the
amount of roads and culverts to be installed and any other
considerations that affect the bid. TheRFP usually recommends which
LTOs should be sent the bidding package. Potential bidders are
invited to inspect the sale to clarify any questions that they may
have and to confirm the volume and value of the timber for sale.
The same criteria used to evaluate a RPF can be used with LTOs. References, recent work, affiliations, and legal situation are all indicators of the quality of the LTO. LTOs are professionals doing a difficult job. Most importantly, follow up on references. Ask to visit recent jobs and follow up.
The cost of preparing a THP varies greatly due to
the specific circumstances of your property. Some items that impact
costs include the size of the parcel included under the plan,
presence of water, landscape, slope, and areas of special
concern.
Much of the Forest Practice Act is designed to
protect streams, lakes, and water courses. More water sources on your
property lead to a greater level of protection and documentation and
that increases costs. Every water source or channel that carries
water needs to be flagged before timber harvest begins. Protection
methods have to be documented in the THP. Domestic water supplies
require specific protections and notification of users.
Slope has a direct influence on your cost. Steep
slopes increase costs for road building, erosion control, harvest,
and limit the types of equipment that can operate.
The presence of special treatment area, cultural
or historical sites, threatened or endangered species, or areas with
landslide potential can raise your costs.
A 1992 survey by CDF showed that a THP costs
between $3,000 and $24,000 averaging about $10,000.
If you own enough forest to consider many THPs,
you might consider Non-industrial Timber Management Plan (NTMP). The
NTMP offers an alternative to the expense of THPs for landowners
actively managing their land, holding less than 2500 acres, who are
willing to use uneven-aged management techniques. With a NTMP, the
landowner documents all future activities that are going to happen on
the property. When a planned harvest is to be conducted, a Notice of
Intent is sent instead of filing a complete THP. One advantage of a
NTMP is that the landowner locks in the forest practice rules that
are in force at the time it is prepared.
The NTMP is usually more expensive than a single
THP, but many landowners find the expense worthwhile. Also, the NTMP
can be transferred with ownership.
The process of harvesting timber in California is complex, full of technical and legal terms, and expensive. Hopefully, this introduction explains the process a little. There are still many details that you will need to address before you can harvest timber on your property. The best advice is to learn more about the process and identify the professionals that you can work with effectively.
In accordance with applicable State and Federal laws and University policy, the University of California does not discriminate in any of its policies, procedures, or practices on the basis of race, religion, color, national origin, sex, marital status, sexual orientation, age, veteran status, medical condition, or handicap. Inquiries regarding this policy may be directed to the Affirmative Action Director, University of California, Agriculture and Natural Resources, 300 Lakeside Drive, 6th Floor, Oakland, CA 94612-3560. (510) 987-0096.
Publication of this series was in part funded by the
California Department of Forestry and Fire Protection
under Contract numbers 8CA96027 and 8CA96028