At what point is cutting timber on private land illegal?

November 20, 2005

The topic of this weeks Tree Tips comes from a Tree Tips reader in Laytonville. He asks in the context of massive forest removals without a THP, on private land, in order to plant marijuana plants, at what point is cutting timber on private land illegal?

Cutting down trees without an approved THP or other applicable document is illegal if the cut or removed trees are processed into logs, lumber, or other wood products and offered for sale, barter, exchange or trade or the land is permanently converted to land uses other than growing timber. Land uses other than growing timber include residential and commercial development, production of other agricultural crops, water development projects and transportation projects. To legally merchandise trees or convert land, the project must comply with the Forest Practice Rules under the jurisdiction of the California Department of Forestry and Fire Protection.

Additionally, if water quality or sensitive species are being adversely effected, the project may be in violation of the Clean Water Act under the jurisdiction of the Water Quality Control Board or the California and/or Federal Endangered Species Act under the jurisdiction of agencies including, the California Department of Fish and Game and/or the United States Fish and Wildlife Service.

A portion of this production was gleaned from the Z'berg-Nejedly Forest Practice Act of 1973.

I welcome responses as well as ideas for future Tree Tips. You can also get an email version by contacting me at thembi@mcn.org.

Thembi Borras is a Registered Professional Forester living and working in Mendocino County, CA USA.