Vermont's forests are vital for humans
and the ecosystem. They protect water, soil and air quality and
provide rural jobs and a multitude of useful forest products, as well
as flood protection. When European settlers first came to Vermont,
the land was almost completely forested. Settlement led to clearing
80% of the forests until the 20th century when they began to grow
back. As recently as 2011 Vermont's landscape was back to 80%
forested, but latest measurements have shown a decline to 75%.
Furthermore, significant parts of existing forests are becoming
fragmented, that is, disconnected islands of forests which isolate or
exclude wildlife.
Vermont's Department of Forests, Parks
and Recreation (FPR) has focused on developing policies to promote
and protect forest health and maintain the value of Vermont's working
forestlands. For the last month, my colleagues and I on the House
Natural Resources and Energy Committee have been working on several
bills to achieve the objectives stated by FPR. Weeks of testimony
from FPR, foresters, loggers, landowners, environmental organizations
and our Legislative Council, have allowed us to craft legislation
with unanimous committee support. As of this writing, two of the
bills, H.857 and H.852, have won passage by the House and three
others are being reviewed by other committees.*
H.857 allows FPR to collect timber
harvest data and assist landowners with proper forestry practices and
fair payment for harvested timber. It sets up a voluntary program
that encourages landowners to notify FPR when a timber harvest will
take place. Upon notification FPR can provide advice on the value of
the timber as well as information on proper harvest management and
best practices for logging operations to protect the landowner from
substandard work. Proper harvesting can provide lasting value to the
landowner by maintaining a healthy forest well into the future.
H.852 updates regulations and fees for
maple sap collection on State lands. The current fee schedule is
based on the quality of the syrup produced based on the obsolete
grading system. H.852 simplifies the fee schedule by charging a per
tap fee set by the Commissioner of FPR. The bill also exempts land
acquired by the Agency of Natural Resources (ANR) from the land use
change tax which is assessed when privately held land is taken out of
"current use." Without this exemption, the state would be
taxing itself. Finally, the bill sets up a study committee to
develop recommendations for a statewide program to encourage
succession planning by forestland owners. As the landowner
population ages, we want to encourage keeping forestland intact well
into the future through conservation incentives.
H.851 provides a right to conduct
forestry just as there is a right to conduct agriculture in State
law. It provides a list of specific forestry operations that are
presumed not to create a public or private nuisance if the activity
complies with the Accepted Management Practices for water quality on
logging jobs as well as other applicable law such as the heavy cut
law. It allows the operation to be contested by showing that it has
a substantial adverse impact on health, safety or welfare, or
significantly interferes with the use and enjoyment of neighboring
properties. The bill also provides that municipalities cannot
regulate forestry operations with certain exceptions related to land
development.**
H.854, another landowner protection
bill, relates to "timber trespass" or stealing timber. It
clarifies the civil penalties for the unlawful removal of timber and
makes it a crime for someone to knowingly and deliberately cut timber
without the owner's permission. Under current law, such theft is
considered a misdemeanor and is subject only to civil action brought
by the landowner.
Finally, H.855 amends how town Forest
Fire Wardens are appointed and updates their compensation from FPR,
how towns are reimbursed by the State for the costs of forest fire
suppression, and how permits are issued for open burning. Forest
fires on land owned by the Agency of Natural Resources (ANR) will
have all costs incurred by a town reimbursed at a rate determined by
the Commissioner. Fires solely on town land will be reimbursed at
the discretion of the Commissioner who is directed to establish a
policy for reimbursement. Fires partially on town land and ANR land
will be reimbursed proportionately.
I welcome your thoughts and can be
reached by phone (802-233-5238) or by email
(myantachka.dfa@gmail.com).
*As of 3/18/16 all of these bills were passed by the House.
** H.851 was amended as recommended by the Judiciary Committee to remove all but the provision that municipalities cannot regulate forestry operations with certain exceptions related to land development. The Judiciary Committee wants to take a deeper look into the "rebuttable presumption" provision.
*As of 3/18/16 all of these bills were passed by the House.
** H.851 was amended as recommended by the Judiciary Committee to remove all but the provision that municipalities cannot regulate forestry operations with certain exceptions related to land development. The Judiciary Committee wants to take a deeper look into the "rebuttable presumption" provision.
