ENDANGERED SPECIES
The presence of a federally-listed threatened or endangered species on your property will have a direct impact on how you may manage your timberland. As a landowner, you need to understand the basic requirements of the Endangered Species Act and how they may relate to your property.

Section 7 governs federal agency conduct. It prohibits federal agencies from engaging in or authorizing any action likely to jeopardize the continued existence of a listed species. As in Section 9, this includes destruction or adverse modification of designated habitat. "Agency action" includes timber sales, issuance of permits and funding grants. It may also include approval of federal cost-share funds for forest management/reforestation on private lands. Key points to know include

• The animal currently having the most impact on forestry in North Carolina is the red-cockaded woodpecker, which generally inhabits older pine stands that are in a park-like condition.
• Landowners are responsible for not "taking" an endangered species. They are not responsible for recovery of the species, i.e. managing for or providing new habitat. Section 9 of the ESA applies only to animal species. It does not apply to listed plant species on private lands.
• There may be some programs or agreements available to private landowners, such as the "Safe Harbor" program, that offer some incentives and protections to landowners for providing habitat.

LIMITS ON LOCAL GOVERNMENT REGULATION OF FORESTRY
In 2005, legislation was passed (Senate bill 681) that limits the ability of local governments to regulate forestry activities.  The session law (SL 2005-447) can be viewed by clicking here.

The law prohibits counties and cities from regulating forestry activities provided that (1) land is enrolled under use-value tax program; or (2) activities are done under a forest management plan. For counties, this management plan does not have to be prepared or approved by a registered forester, although it is advisable to have this done.  For cities, the plan must be prepared or approved by a registered forester.

The law does allow local governments to regulate development activities and does not alter municipal zoning authority.  The law also grandfathers in existing ordinances adopted with authority from General Assembly (all existing ordinances except one for Chapel Hill exempt forestry).  The law also allows local governments to respond to state or federal mandates, i.e. if state or federal laws or regulations specifically direct local governments to adopt an ordinance that would regulate forestry, this law allows that to happen.

There is also a recapture provision in the law that would allow local governments to delay or deny site plans or building permits for a maximum of 5 years if a area otherwise exempted from regulation moves to development.  Contact Bob Slocum at the NCFA office (919/834-3943, ext. 5) for more information.

PRESCRIBED BURNING
In 1999, legislation provides limited liability protection to landowners in the use of prescribed fire.  The regulations may be found in General Statute 113-60.40-43. The law declares that the use of prescribed fire not a public nuisance and provides limited liability protection for smoke damage to a forest landowner. To obtain this liability protection, the landowner must use a “certified burner” (someone who has been through the prescribed fire training program offered by the NC Division of Forest Resources) and must have a burning plan prepared by the certified burner.  The landowner, or contract burner, must also obtain a burning permit from the Division of Forest Resourcs. The law also allows landowners to burn up to 50 acres of their own property, without a certified burner, provided that it is done under a burning plan prepared by a certified burner.

PUBLIC NUISANCE
Local governments are limited in what activities may be declared a public nuisance.  Article 57, Chapter 106-700 deals with the nuisance liability of agriculture, also called North Carolina’s Right to Farm law.  This legislation limits the ability of local governments to regulate farming activities via public nuisance laws.  In 1992, an amendment was passed that added forestry to this provision.  This protection from public nuisance now includes activities involved in the growing, managing and harvesting of trees.  However, the legislation did specifically exclude “sawmill operations.”

NORTH CAROLINA SEDIMENTATION POLLUTION CONTROL ACT - FOREST PRACTICE GUIDELINES
Legislative action in 1989 regulated land-disturbing forestry activities under the Sedimentation Pollution Control Act (SPCA). Regulations adopted to address these activities are found in 15A NCAC 1J .0201-.0209). These specific requirements are called the Forest Practice Guidelines to Protect Water Quality. The SPCA requires forestry activities to either comply with the Forest Practice Guidelines or obtain an approved sedimentation control plan from the state. Click here for the Forest Practice Guidelines.

Below are the specific performance standards. These are performance oriented rather than prescriptive. The state Best Management Practices Manual identifies specific practices that may be used to comply with these standards. However, the manual itself is not a rule, and the specific practices are not mandatory.

.0201 STREAMSIDE MANAGEMENT ZONE
A streamside management zone (SMZ) shall be established and maintained along the margins of intermittent and perennial streams and perennial waterbodies. The SMZ shall be of sufficient width to confine within the SMZ visible sediment resulting from accelerated erosion.

Ground cover, or other means, within the SMZ shall be sufficient to restrain accelerated erosion.

Access roads and skid trials, except as provided in >0203 of this subchapter, logging decks and mill sites shall be placed outside of SMZs. When barriers such as property lines or limiting land features prohibit the location of any of these outside of SMZs, they can be located within the SMZ. When located within the SMZs, they shall have effective erosion control and sediment control structures on measures installed to restrain accelerated erosion and prevent visible sediment from entering intermittent or perennial waterbodies.

.0202 PROHIBITION OF DEBRIS ENTERING STREAMS AND WATERBODIES
Stream obstruction and the impediment of stream flow an/or degradation of water quality shall be prevented by keeping debris from construction, harvesting, mill sites residue and site preparation out of intermittent and perennial streams an perennial waterbodies.

.0203 ACCESS ROAD AND SKID TRIAL STREAM CROSSINGS
Stream crossings shall be avoided when possible. Access roads and skid trails which must cross intermittent or perennial streams or perennial waterbodies shall be constructed so as to minimize the amount of sediment that enters the streams because of the construction. These crossings shall be installed so that:
1. stream flow will not be obstructed or impeded;
2. no stream channel or perennial waterbody shall be used as an access road or skid trial;
3. crossings are provided with effective structures or ground cover to protect the banks and channel from accelerated erosion;
4. they shall have sufficient water control devices to collect and divert surface flow from the access road or skid trail into undisturbed areas or other control structures to restrain accelerated erosion and prevent visible sediment from entering intermittent and perennial streams; and
ground cover, or other means, sufficient to prevent visible sediment from entering intermittent and perennial streams and perennial waterbodies shall be provided within 10 working days on initial disturbance and will be maintained until the site is permanently stabilized.

.0205 PROHIBITION OF WASTE ENTERING STREAMS, WATERBODIES AND GROUNDWATER
Measures shall be taken to prevent equipment servicing waste, petroleum, fertilizers or other chemical waste from entering streams, perennial waterbodies, and groundwater which result in a violation of an adopted water quality standard of the Environmental Management Commission in Sections 15 NCAC 2L .0200 – Classifications and Water Quality Standards Applicable to Surface Waters of North Carolina, and 15 NCAC 2L .0200 – Classifications and Water Quality Standards (related to groundwater).

.0206 PESTICIDE APPLICATION
Application of pesticides shall be limited to those labeled for that intended use, shall be used in accordance with labeling and rules adopted by the N.C. Pesticide Board as set forth in 2 NCAC 9L .1005, Restricted Areas, and applied in a manner to prevent adverse impacts on water quality.

.0207 FERTILIZER APPLICATION
When used, fertilizers shall be applied in a manner to prevent adverse impacts on water quality.

.0208 STREAM TEMPERATURE
Adequate shade within SMZs associated with natural perennial streams shall be retained to protect those streams from adverse temperature fluctuations which result in a violation of an adopted water quality standard of the Environmental Management Commission as contained in rule 15 NCAC 2B .0211 – Fresh Surface Water Classifications and Standards

.0209 REHABILITATION OF PROJECT SITE
Areas on the project site that have the potential for accelerated erosion, resulting in concentrated flow directly entering an intermittent or perennial stream or other waterbody, shall be provided with ground cover or other means of adequate sedimentation control within 30 working days after ceasing any phase of an operation or beginning a period of inactivity. Treatment and maintenance of those areas shall be sufficient to restrain accelerated erosion and prevent visible sediment from entering intermittent and perennial streams and perennial waterbodies until the site is permanently stabilized.

WATER QUALITY
Forestry operations in North Carolina must comply with the forest practice guidelines for water quality under the state Sedimentation Pollution Control Act. The guidelines are designed to prevent sediment and chemicals from entering streams or other water bodies during a forestry operation. Compliance with these provisions is considered necessary to meet federal nonpoint source pollution requirements under the Coastal Zone Management Act and the Clean Water Act. The North Carolina Division of Forest Resources is charged with technical oversight and implementation.

One of these requirements is that a vegetated streamside management zone (buffer) be maintained on perennial and intermittent streams and water bodies.  The buffer must be of sufficient width to confine visible sediment from accelerated erosion.  Note:  The rule does not require that standing timber be left in the buffer.  It only requires a vegetated buffer. 

Maps showing these buffers and other river basins are available by clicking here.

Neuse and Tar-Pamlico River Basins
The state Environmental Management Commission (EMC) has adopted separate mandatory buffer rules for land in the Neuse and Tar-Pamlico River Basins.  These rules supercede the Forest Practice Guidelines for Water Quality in these areas since they are more stringent.  The forest land must either be enrolled as timberland under the use-value tax program or have a written forest management plan prepared or approved by a registered forester for these harvesting allowances to apply. 

In general, these rules require the following:

• The maintenance of a 50-foot buffer along perennial and intermittent streams and waterbodies.  The buffer is divided into Zone 1 (the first 30 feet) and Zone 2 (the outer 20 feet).
• Harvesting of “high value” trees (14-inch or greater DBH pines and 16-inch or greater DBH hardwoods) is allowed within the first 10 feet of Zone 1 provided that the trees do not have exposed primary roots in the streambank.
• Within the next 20 feet, fifty percent of the trees 5 inches or greater DBH may be harvested;
• Harvesting in Zone 2 is allowed and must be in accordance with the Forest Practice Guidelines for Water Quality.

Catawba River Basin
Buffer rules are also in place for the main stem of the Catawba River below Lake James and along the main stem lakes. As in the Neuse and Tar-Pamlico rules, the forest land must be either enrolled as timberland under the use-value tax program or have a written forest management plan prepared or approved by registered forester for these harvesting allowances to apply. In general, these rules require the following:

• Maintenance of a 50-foot buffer, divided into Zone 1 (the first 30 feet) and Zone 2 (the outer 20 feet);
• Within Zone 1, selective harvesting is allowed as follows:  1) Only “high value” trees may be removed within the first 10 feet closest to the stream.  High value is defined as a tree with a stump diameter of 18 inches or more; (2) Trees with a stump diameter of greater than 12 inches may be harvested within the remaining area of Zone 1.  In the case of thinnings or partial cuts within plantations, the re-entry time for harvesting is 5 years.  Note:  Mechanized equipment is not allowed in Zone 1 (Wheeled or tracked vehicles)
• In Zone 2, harvesting must be in accordance with the Forest Practice Guidelines for Water Quality.

Complete Buffer Rules can be found by clicking here.

Goose Creek Buffer Rules
Goose Creek is on the border of Mecklenburg and Union counties.  A map of the affected area may be viewed by clicking here.

• In this watershed, undisturbed riparian buffers are required within 200 feet of waterbodies within the 100-Year Floodplain and within 100 feet of waterbodies that are not within the 100-Year Floodplain. The 100-Year Floodplain is the one percent Annual Chance Floodplain as delineated by the North Carolina Floodplain Mapping Program in the Division of Emergency Management.
• Timber harvesting is allowed provided the land is under use value tax treatment as “timberland” or the land is under a forest management plan written and/or approved by a registered forester.
• While these harvesting rules are similar to other existing buffer rules, there are a few important differences related to allowable harvesting.  Harvesting within 50 feet of streams and water bodies is regulated.
• No harvesting within the first 10 feet is allowed unless approved by the Division of Forest Resources;  Harvesting in the next 40 feet is limited to 50 percent of the trees greater than 5 inches DBH.
• For the area from 50 feet out to the boundary (100 feet or 200 feet), the Forest Practice Guidelines for Water Quality apply.

To see the full document, click here.

Jordan Lake Nutrient Rules
To see the entire Jordan Lake Rules, click here. To see a map of the area, click here.
The following requirements shall apply for forest harvesting operations and practices:

(a) All the following measures shall apply in the entire riparian buffer as applicable:

(i) Logging decks and sawmill sites shall not be placed in the riparian buffer;
(ii) Access roads and skid trails shall be prohibited except for temporary and permanent stream crossings established in accordance with 15A NCAC 1I .0203. Temporary stream crossings shall be permanently stabilized after any site disturbing activity is completed;
(iii) Timber felling shall be directed away from the stream or waterbody;
(iv) Skidding shall be directed away from the stream or water body and shall be done in a manner that minimizes soil disturbance and prevents the creation of channels or ruts;
(v) Individual trees may be treated to maintain or improve their health, form or vigor;
(vi) Harvesting of dead or infected trees as necessary to prevent or control the spread of tree pest and disease infestation shall be allowed. These practices must be approved by the Division of Forest Resources for a specific site pursuant to the rule. The Division of Forest Resources must notify the Division of all approvals;
(vii) Removal of individual trees that are in danger of causing damage to structures or human life shall be allowed;
(viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover plants to enhance the riparian buffer shall be allowed provided that soil disturbance is minimized;
(ix) High-intensity prescribed burns shall not be allowed; and
(x) Application of fertilizer shall not be allowed except as necessary for permanent stabilization. Broadcast application of fertilizer to the adjacent forest stand shall be conducted so that the chemicals are not applied directly to or allowed to drift into the riparian buffer.

(b) In Zone One, forest vegetation shall be protected and maintained. Selective harvest as provided for below is allowed on forest lands that have a deferment for use value under forestry in accordance with G.S. 105-277.2 through 277.6 or on forest lands that have a forest management plan. A plan drafted under either option shall meet the standards set out in this Item. Copies of either the approval of the deferment for use value under forestry or the forest management plan shall be produced upon request. For such forest lands, selective harvest is allowed in accordance with the following:

(i) Tracked or wheeled vehicles are permitted for the purpose of selective timber harvesting where there is no other practical alternative for removal of individual trees provided activities comply with forest practice guidelines for water quality as defined in Rule 15A NCAC 01I .0101 through .0209, and provided no equipment shall operate within the first 10 feet immediately adjacent to the stream except at stream crossings designed, constructed and maintained in accordance with Rule 15A NCAC 1I .0203;
(ii) Soil disturbing site preparation activities are not allowed; and
(iii) Trees shall be removed with the minimum disturbance to the soil and residual vegetation.

(c) In addition to the requirements of (b) in this item, the following provisions for selective harvesting shall be met:

(i) The first 10 feet of Zone One directly adjacent to the stream or waterbody shall be undisturbed except for the removal of individual high value trees as defined provided that no trees with exposed primary roots visible in the streambank be cut unless listed as an exempt activity under Vegetation Management in the Table of Uses, Sub-Item (9) of this Rule;
(ii) In the outer 20 feet of Zone One, a maximum of 50 percent of the trees greater than five inches DBH may be cut and removed. The reentry time for harvest shall be no more frequent than every 15 years, except on forest plantations where the reentry time shall be no more frequent than every five years. In either case, the trees remaining after harvest shall be as evenly spaced as possible; and
(iii) In Zone Two, harvesting and regeneration of the forest stand shall be allowed in accordance with 15A NCAC 01I .0100 through .0200 as enforced by the Division of Forest Resources.

Randleman Lake
Separate rules have been adopted by the Environmental Management Commission for the Randleman Lake reservoir in the Greensboro/High Point area.  As in the other rules, a 50-foot buffer is required and the buffer is divided into Zone 1 (the first 30 feet) and Zone 2 (the outer 20 feet).  The rule allows for selective harvesting of timber in Zone 1 as follows:

• No trees less than 12-inches DBH may be harvested unless they are dead or dying, present a threat to a dwelling, structure or the stream channel or is necessary for insect or disease control.
• Must be recommended by the Division of Forest Resources)
• Half of the trees 12-inches or greater DBH may be harvested in Zone 1.
• Trees may not be harvested more frequently than every 10 years.

Federal Regulations
Federal regulations define wetlands as "..areas inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands are considered waters of the U.S. and are subject to federal regulations under the Clean Water Act. Ongoing forestry operations are exempt from obtaining a 404 dredge and fill permit provided that certain requirements are met. To maintain this permitting exemption, the forestry operation (1) must be established and ongoing; (2) must not change or convert the wetland to an upland; (3) must not change the use of the wetland where the reach and flow of waters are impaired. Change in use is generally defined as changing forest land to agriculture, or forest land to development or similar changes. Conversion to upland is also a change in use. Specific regulatory requirements and interpretations are constantly evolving. Landowners should understand current requirements prior to implementing forestry operations on lands that are or may be considered wetlands. Landowners do not need to notify state or federal agencies in order to take advantage of this permitting exemption. However, landowners should consult a professional forester to avoid possible violations. Contact Bob Slocum at 919-834-3943 or 800-231-7723 or by e-mail at rwslocum@ncforestry.org.

Click here for a copy of What Landowners Need to Know About Practicing Forestry in Wetlands in North Carolina.

State Wetland Regulations
In 2000, the North Carolina Environmental Management Commission adopted a rule (15A NCAC 2B .0230) that incorporated the federal wetland provisions for forestry and agriculture into state rule. This provides the mechanism for forestry and agricultural operations to comply with the state wetland standards found in (15A NCAC 2B .0231).  In the addition to the federal requirements, the state rule requires that spoil from any ditch construction be deposited within 20 feet of the ditch. Further, the state rule gives authority to the Director of the Division of Water Quality, in consultation with the Corps of Engineers andor EPA, to determine if an activity falls within or is in compliance with the permitting exemption. If a landowner's forestry operation is challenged by EPA, the Corps of Engineers or the N.C. Division of Water Quality on the basis of wetland regulations, please contact the NCFA immediately. 

State Pesticide Board
In 2000, the N.C. Pesticide Board adopted an enforcement policy to clarify label language concerning the application of pesticides used in forestry in wetlands. This policy states:"No pesticide can be applied to surface water unless it has an aquatic label. An exception exists if ephemeral water is present with little likelihood of the water moving offsite. Ephemeral water is surface water (i) that temporarily accumulates in shallow depressions during and following rain events, (ii) that is less than one foot deep, and (iii) that has been present less than 30 consecutive days at the time of application. This exception is does not apply if the product label has an aquatic organism toxicity statement."

Rule for Isolated Wetlands
In July of 2001, the Environmental Management Commission developed a rule regarding isolated wetlands in the state.

ZONING
North Carolina General Statutes 153A-340 grants zoning authority to counties.  Section (B)(2) limits this authority with respect to “bona fide farm purposes.”  In 2006, legislation was passed that defined “bona fide farm purposes” as defined in the Agricultural Development Act which specifically include the production of trees and timber.  This clarified that counties may not zone forestry operations.