Forest law enforcement is conducted according to statute to protect "forest cover adjacent to certain surface waters of the state and along public highways" and to "...ensure future forest productivity...without undue infringement on the rights of private forest landowners."

The Director, Division of Forests and Lands is responsible for the enforcement of timber harvesting laws and for woodland fire control under RSA 227:G:3. This responsibility is carried out through the Division's Forest Protection Bureau.

Timber Havesting Laws

RSA 227-J declares the importance of the care and protection of forest cover to public welfare and details the necessary duties, authorities and actions necessary toward this purpose. Laws that affect forestry, but are administered by other agencies, are also referenced here. This is where the basal area, slash, timber trespass and deceptive forestry business practices laws are found.

Timber Harvesting Law Fact Sheets  

• Basal Area Law  (pdf)
• Slash Law (pdf)
• Timber Trespass  (pdf)
• Deceptive Forestry Business Practices (pdf)
• Timber Tax Law  (doc)
• UNH Cooperative Extension: 
  Guide to New Hampshire Timber Harvesting Laws (pdf)
• Best Management Practices for Erosion Control on Harvesting Operations in NH

Adobe PDF format can be viewed using the free Adobe Acrobat Reader browser plug-in if it is installed on your computer. Or if you have the Acrobat Reader software you can also download the PDF file for local viewing by right clicking your mouse on the link and selecting "save target as." You can get the free Acrobat Reader software here.

Basal Area - a measure of tree-density on each acre of land. The higher the basal area, the denser the forest.

RSA 227-J:9 states that no more than 50 percent of the basal area may be cut or otherwise felled each year along town and state roads, streams, and bodies of water. This leaves buffer zones that can prevent erosion, provide wildlife habitat, protect stream temperature and aquatic life, and preserve the aesthetics of the landscape. This law also applies to land conversion and clearing unrelated to forest management unless all state and local permits necessary for the conversion have been secured (RSA 227-J:9, IV). The law provides for a variance to the 50 percent basal area restriction by submitting a variance request form (requires Adobe Reader).

Slash - debris that remains after timber is harvested.

RSA 227-J:10 restricts where logging slash may be left after timber is harvested. Because branches, leaves, and wooden stems may take several years to decompose, it can be unsightly and can increase the risk of wildfire. This law protects structures, roadways, and water bodies.

Do you know where your boundary lines are? Have they been properly surveyed and marked?

  RSA 227-J:8 and 227-J:8a protect landowners from theft or reckless timber cutting that may occur without the landowner's permission. Timber can be an asset of considerable value, and when harvested, return thousands of dollars to the landowner. In addition, tax revenue is returned to the town based on the total volume harvested.

DECEPTIVE FORESTRY BUSINESS LAW PRACTICES

RSA 227-J:15 protects buyers and sellers of forest products. Buying and selling forest products can be confusing. It is important that all parties involved have a clear understanding of how the wood will be measured, what the prices are, and how payment will be made. A written contract, with mutually agreed upon terms, is strongly recommended. A person is guilty of a class B felony if the loss is greater than $1000 or otherwise guilty of a misdemeanor if that person, in the course of buying and selling of a forest product deceives, misrepresents, mislabels or alters products, fails to pay for, or does not verify amounts of product removed.

The #1 cause of forest fires in New Hampshire is illegal or improperly extinguished campfires.

Chapter 227-L provides for the appointment of forest fire wardens and special deputy wardens and details their responsibilities under the direction of the Division. The chapter details state fire surveillance and suppression responsibilities as well as the entire text of the Northeastern Interstate Forest Fire Protection Compact.

Prohibition of Smoking and Open Fires (RSA 227-L:15) - This law allows the Governor to prohibit smoking or kindling of open fires in or near woodlands during periods of protracted drought or excessive dryness. Prohibition is done through an official proclamation upon the recommendation of the Division of Forests and Lands Director and approval of the Executive Council.

Permits for Open Fires (RSA 227:L-17) - Anyone who wishes to burn clean, ordinary combustibles such as leaves, brush or untreated lumber, or have a camp or cooking fire must have written permission from the landowner and a written fire permit from the local forest fire warden or local fire department in the town or city where the fire will be kindled.
 

RSA 79 - Ten percent of the value of every timber sale is returned to towns where cutting takes place.

New Hampshire does not have a single natural resources agency responsible for the care and protection of our natural environment. Therefore, cooperative enforcement of natural resources laws is an important function of the Division.

Forest Rangers partner with other state agencies to assist with enforcement of laws that affect forestry but are administered by other agencies as follows:

Department of Revenue Administration with the enforcement of RSA 79 Timber Conservation and Tax Law referenced under RSA 227-J:5;

Department of Environmental Services staff with the enforcement of Wetland, Water Quality and Air Resource Laws referenced under RSA 227-J:6 and J:7.