Title 22 W. Va. C.S.R.

Forestry Forestry

Series 01 Ginseng Regulations

W. Va. Code R. § 22-1-1 General

1.1. Scope. -- Legislative rule relating to the digging, possession, and sale of wild ginseng, wild simulated ginseng, woods grown ginseng or cultivated ginseng.

1.2. Authority. -- W. Va. Code §§19-1A-3, 19-1A-4(d).

1.3. Filing Date. -- September 18, 2014.

1.4. Effective Date. -- April 2, 2015.

W. Va. Code R. § 22-1-2 Definitions

2.1. Certified means the ginseng that carries a certificate of origin issued by the Director which allows for the export of legally harvested ginseng from West Virginia;

2.2. Commercial use means to sell or to use ginseng for financial gain;

2.3. Cultivated ginseng means ginseng that is purposefully planted in beds under artificial shade using standard horticultural practices, such as mechanical tillage, fertilization, weed control, irrigation and/or pesticides;

2.4. Dealer means a person who purchases ginseng for purposes of commercial use;

2.5. Digger means a person who digs, collects or gathers wild ginseng by searching woodlands to find the plants;

2.6. Director means the Director of the Division of Forestry;

2.7. Division means the Division of Forestry;

2.8. Export means the movement of ginseng from state to state as well as sending it abroad;

2.9. Ginseng means whole, sliced or parts of roots of cultivated ginseng, woods grown ginseng, wild simulated ginseng and wild ginseng, excluding manufactured parts, products, and derivatives, such as powders, pills, extracts, tonics, teas and confectionary;

2.10. Ginseng bed means any area of forest that is cultivated, plowed, rototilled, or otherwise has a seedbed prepared for the planting of ginseng seed, roots, or plants;

2.11. Green ginseng means a fresh wild, wild simulated, or woods grown ginseng root that has not been intentionally subjected to a drying process and from which most natural moisture has not been removed by drying;

2.12. Grower means a person who purposefully plants and grows cultivated ginseng, woods grown ginseng or wild simulated ginseng for purposes of commercial use: Provided, that a grower does not include a digger who plants wild ginseng seed from the wild ginseng plants he or she digs, collects or gathers;

2.13. Harvest means to dig, collect or gather ginseng;

2.14. Person means an individual, corporation, partnership, firm or association;

2.15. Rootlets means cultivated, woods grown or wild simulated one- to two-year-old ginseng roots commonly sold as transplants to growers;

2.16. Wild ginseng means Panax quinquefolius L. that is not grown or nurtured by a person regardless of the putative origin of the plants: Provided, that wild ginseng may originate from seeds planted by a digger at the same site from which the digger harvests the wild ginseng;

2.17. Wild simulated ginseng means ginseng that is purposefully planted in the woods without a bed being prepared and without the use of any chemical weed, disease or pest control agents;

2.18. Woods grown ginseng means ginseng that is purposefully planted in beds prepared in the woods in a manner that uses trees to provide necessary shade and that may be grown with the use of chemical or mechanical weed, disease or pest control agents.

W. Va. Code R. § 22-1-3 Season

Dates - The season for harvesting wild, wild simulated or woods grown ginseng in any part of West Virginia begins on the first day of September and ends on the 30th day of November of each calendar year. A grower may harvest cultivated ginseng throughout the year.

W. Va. Code R. § 22-1-4 Unlawful Acts

4.1. Possession - It is unlawful for any person to have uncertified wild, woods grown, or wild simulated ginseng (whether green or dry) in his or her possession between April 1 and August 31 of each calendar year. Any uncertified wild, wild simulated, or woods grown ginseng unsold by March 31 of the year after harvest must be weighed and have a weight certificate issued at an official Division weigh station.

4.2. Certificates It is unlawful to alter West Virginia Ginseng Export Certificates and Ginseng Weight Receipts.

4.3. Permits - It is unlawful for a person to act as a grower or act as a dealer unless he or she has received a valid permit from the Division permitting that activity. If a person is acting in both capacities, then a permit for each activity is required. A person may not rescue wild ginseng without first receiving a permit from the Division to rescue wild ginseng plants that are threatened by ground-disturbing activities if the rescue is to be done between April 1 and August 31 each year.

4.4. It is unlawful to harvest wild, wild simulated or woods grown ginseng less than five years of age. A ginseng plant containing three or more prongs is considered to be five years of age.

4.5. It is unlawful to remove wild ginseng seeds from the site of collection, and all seed collected from wild ginseng plants at the time of harvest shall be planted at the site from which the ginseng is harvested.

4.6. It is unlawful to plant ginseng or ginseng seed and to harvest ginseng on West Virginia public lands except for land grant university researchers performing research or demonstration projects regarding the growing, cultivating or harvesting of ginseng. It is unlawful for anyone to plant ginseng or ginseng seed and to dig, collect, or gather ginseng on state wildlife management areas or on state parks.

4.7. It is unlawful to harvest wild ginseng from the property of another person without the written permission of the landowner.

W. Va. Code R. § 22-1-5 Collector's Responsibilities

5.1. Permission - Any person collecting wild ginseng upon the enclosed or posted lands of another shall first obtain permission in writing from the landowner, tenant or agent of the lands and shall carry the written permission on his or her person when collecting ginseng on those lands.

5.2. Replanting - Any person collecting wild ginseng shall plant the seeds from the plants being collected at the site of the digging.

5.3. Weight receipt - Any person who has wild ginseng which was harvested during the previous harvesting season and not sold before April 1 shall have the ginseng weight receipted. Weight-receipted ginseng may be kept and sold during ensuing seasons.

W. Va. Code R. § 22-1-6 Dealer's Responsibilities

6.1. Permit - Any person, who buys wild, wild simulated, woods grown or cultivated ginseng in West Virginia shall first obtain a Ginseng Dealer's Permit from the Division. Any person, that grows wild simulated, woods grown, or cultivated ginseng and directly exports the ginseng from the State shall also obtain a Ginseng Dealers Permit.

6.2. The Division may not certify any ginseng between the first day of January through the 31st day of March unless the person requesting the certification shows a valid dealer permit.

6.3. Reporting - Authorized ginseng dealers in West Virginia shall report their ginseng commerce to the Division every thirty (30) days between September 1 and March 31 and submit a final report prior to April 15 of each calendar year on forms prescribed by the Division. This form shall include the following:

6.3.1. An original dealer's signature certifying the statements on the form;

6.3.2. The date of the transaction;

6.3.3. Whether the roots were wild, cultivated, woods grown, or wild simulated;

6.3.4. Whether the roots were dried or green (fresh) at time of transaction;

6.3.5. The weight of the roots;

6.3.6. The county of origin of the roots;

6.3.7. Identification numbers of the State certificates used to ship ginseng from the State;

6.3.8. The name, mailing address, physical address, and phone number of the seller or buyer of record of the ginseng maintained by the dealer on his or her commerce record forms supplied by the states of licensing, and made available to the State ginseng program managers if requested; and

6.3.9. Inspection and certification by State personnel of all ginseng harvested in the State to authenticate that the ginseng was legally taken from wild, wild simulated, woods grown or cultivated sources within the State.

6.4. All reports are due within fifteen (15) days after the close of the reporting period. 6.5 Certifying - Ginseng dealers shall include a West Virginia Export Certificate, numbered by the Division, with each shipment of ginseng they export from the State. This certificate shall remain with the ginseng. 6.6 Length of time for record retention - Dealers shall maintain the commerce records for a period of ten (10) years.

W. Va. Code R. § 22-1-7 Uncertified Ginseng

Uncertified ginseng supplied to State-registered dealers from other states must be returned to the state of origin within fifteen(15) calendar days for certification or the roots may not be exported from the country.

W. Va. Code R. § 22-1-8 Revocation of Permit

The Division may, by order entered in accordance with the provisions of chapter twenty-nine-a of the code, deny, suspend or revoke the permit of a grower or dealer and may invalidate an export certificate completed by a dealer when the Division finds that a grower or dealer has violated any provision of this rule.

W. Va. Code R. § 22-1-9 Growers Responsibilities

9.1. Permit - Any person, that intentionally plants wild simulated, woods grown or cultivated ginseng in West Virginia shall first obtain a Ginseng Growers Permit from the Division.

9.2. Prior to planting cultivated, woods grown, or wild simulated ginseng, a grower shall:

9.2.1. Plat - have a plat of the planting site prepared by a licensed surveyor or a forester registered by the State Board of Registration for Foresters. The plat prepared by a registered forester shall be prepared by locating the boundaries of the planting site using Global Positioning Satellite (GPS) technology. The equipment must be capable of reading four or more satellites and be locked in to at least four satellites while traversing the planting site; and

9.2.2. Division Certification - Obtain a written determination from the Director certifying that the planting site is free from wild ginseng. The determination shall be made by an on-the-ground inspection of the intended planting site after April 15 and before June 15 of each year by a Division employee. For plantings in existence prior to July 1, 2005, a grower shall certify to the Director that no wild ginseng plants existed on the site prior to planting and provide copies of receipts of purchase of seed or rootlets or certifications from sellers of seed or rootlets if receipts are not available.

9.3. Records - Shall keep accurate and complete records on each ginseng planting.

9.3.1. These records shall be available for inspection by a Division employee.

9.3.2. These records shall be maintained for a period of ten years.

9.3.3. A copy of the records shall be submitted to the Division within 30 days after the close of the harvesting season in any year when ginseng was planted on the site and/or any year ginseng was harvested from the site. The information required to be kept shall include:

9.3.3.1. The origin of the ginseng seed, rootlets or plants;

9.3.3.2. The location of purposefully planted cultivated, wild simulated and woods grown ginseng and a site plat of the planting;

9.3.3.3. The original copy of the certificate of the Director's determination that the site was free from wild ginseng at the time of planting or the Directors acceptance of the growers certification that the site was free of wild ginseng for plantings in existence prior to July 1, 2005;

9.3.3.4. The date each site was planted;

9.3.3.5. The number of pounds of seeds planted, or the number and age of rootlets, or both; and

9.3.3.6. Any other information required by the Division.

W. Va. Code R. § 22-1-10 Ginseng Rescue

No person may rescue wild ginseng plants endangered by ground-disturbing activities unless he or she has first obtained a moving permit from the Division. The person shall provide the reason for moving the plants, the original location, the proposed new location and any other information required by the Division.

W. Va. Code R. § 22-1-11 Penalties

The Division may assess a civil penalty against a person who violates any provision of this rule. The Division may assess a monetary penalty of not less than one hundred dollars nor more than five hundred dollars.

W. Va. Code R. § 22-1-12 Fees

12.1. The fee for obtaining a ginseng growers permit is $10.00 annually.

12.2. The fee for obtaining a ginseng dealers permit is $100.00 annually.

12.3. The fee for the late renewal of a growers permit is $20.00 or dealers permit is $120.00. For growers applications received after February 1 and for dealers applications received after November 1, the late renewal fee will apply.

12.4. The fee for certifying dry ginseng roots is $2.00 per pound. Any fraction over an even pound will be charged at the next highest pound.

W. Va. Code R. § 22-1-13 Exemptions

13.1. Rootlets are exempt from certification.

13.2. All information provided to the Division by growers or ginseng rescuers as to the specific location of ginseng plants is exempt from the requirements of the West Virginia Freedom of Information Act as having a significant commercial value to the extent permitted by W. Va. Code §29B-1-4(1).

22CSR1

Series 02 Sediment Control During Commercial Timber-Harvesting Operations-Licensing

W. Va. Code R. § 22-2-1 General

1.1. Scope. -- This rule establishes procedures by which the license or exemption certificate required in West Virginia before a person may conduct timbering operations, purchase timber or buy logs for resale may be acquired, suspended or revoked.

1.2. Authority. -- W. Va. Code §19-1B-4.

1.3. Filing Date. -- June 3, 2024

1.4. Effective Date. -- June 3, 2024 1.5 Sunset Provision. This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 22-2-2 Definitions

2.1. "Best Management Practices" or "BMP's" -- means sediment control measures, structural or nonstructural, used singly or in combination, to reduce soil runoff from land disturbances associated with commercial timber harvesting and as are adopted from time to time by the director, upon recommendation of the BMP Committee specified in W. Va. Code §19-1B-7(h).

2.2. "Certified Logger" -- means an individual engaged in the business of severing trees for commercial purposes who has successfully completed the program prescribed by the director to ensure competency in the safe conduct of timbering operations, in first aid, and in the use of BMP's.

2.3. "Chief" -- means the Director of the Division of Water and Waste Management of the Department of Environmental Protection or his or her agent.

2.4. "Commercial" -- means that which is done for a wage, fee, commission, agent or profit.

2.5. "Compliance Order" -- means a written order of the director specifying how a situation that is contributing, or has the potential to contribute, to soil erosion or water pollution, be corrected; and further specifying a reasonable and practical number of days in which the corrective action(s) must be taken.

2.6. "Conference Panel" -- means the entity comprised of those persons selected by the director and the chief, as specified in W. Va. Code §19-1B-11-a, and who, upon the request of an aggrieved person or upon petition of the chief, meet to affirm, modify or vacate orders of the director relating to commercial timber harvesting.

2.7. "Director" -- means the director, also termed the state administrative forester, of the West Virginia Division of Forestry or his or her agent.

2.8. Exempted Person -- means a landowner who severs or removes, or hires or contracts with another to sever or remove standing trees from his or her own property having a gross sales value of $52,000 or less in any one calendar year; or anyone who is hired or contracted to sever or remove standing trees from the land of another having a gross sales value of $52,000 or less in any one calendar year. 2.9 Gross Sales Value means the entire amount of money received by an exemption holder for all wood products harvested from the operation(s) at their respective points of sale.

2.10. "Haul Road" -- means a road, other than roads built under an active permit to comply with other laws or regulations, constructed or used for the transportation of logs from a landing to a state road or highway.

2.11. "Landing" -- means an area, integral to the logging operation, in or near a forest where logs are first accumulated and/or prepared for loading onto or into carriers for transportation to a wood-processing facility.

2.12. "License" -- means a document approved by the director and supplied, upon application, to any qualified person engaged in the conduct of timbering operations, or the purchase of timber for harvesting, or the purchase of logs for resale or some combination thereof.

2.13. "Log" -- means any portion of a tree which has been severed from the stump and delimbed.

2.14. "Log Buyer" -- means any person who buys and/or barters for logs and who then resells some or all of the logs.

2.15. "Notification of Timbering Operations" -- means supplying information about timbering operations to the director, at least 3 days prior to the commencement of operations, using a form designed and distributed by the director.

2.16. "Operator" -- means any person who conducts timbering operations.

2.17. "Person" -- means any individual or combination of individuals, partnership, corporation, company, society, association, firm, organization, or other business entity.

2.18. "Skid Road" -- means a road over which trees and logs are carried or dragged from the point where severed to a landing. 2.19 Suspension Order -- means a written order of the director that suspends a timbering operator from further operations, a timbering operation, or any part of a timbering operation in any part of the state until the corrective action mandated in the compliance order has been completed. 2.20 "Timber Buyer" -- means any person who buys and/or barters for standing or down timber to be used in the manufacture of wood products, including sales where the landowner is paid a percentage of the sale of logs produced from the standing timber.

2.21. "Timbering Operations" or the singular -- as defined in the W. Va. Code §19-1B-3(e), includes all aspects of logging, including but not limited to severing and delimbing of trees, cutting of the delimbed tree into logs either at the point of severing or at a landing, the preparation of any skid and haul roads and the skidding or otherwise moving of logs to landings.

2.22. "Water Pollution Control Act" -- means Article 11, Chapter 22, of the W. Va. Code or the successor citation.

2.23. Wood Products -- materials consisting of, or developed from, the use of the hard fiber substance which makes up the greater part of the trunks and limbs of trees, including but not limited to, logs, veneer, mine timbers, posts, poles, pulpwood, chips and bark mulch.

W. Va. Code R. § 22-2-3 License Procurement; Posting of License Number; Exemption Procurement; Possession of Approved Certificate of Timber-Harvesting Exemption

3.1. Any person engaged in timbering operations, timber buying or log buying for resale shall first procure a license to do so from the director. Licenses may be for a single or for multiple, either two or three, categories.

3.2. Any person applying for a license to engage in timbering operations, timber buying or buying logs for resale shall do so by completing an application form supplied by the director.

3.3. A fee of $150 shall be submitted with each single or multiple category license or license renewal application for each biennial license term. There shall be no prorating of the fee for partial year term licensing.

3.4. Any person applying for the renewal of a timbering operator, timber buyer or log buyer license shall do so by completing a renewal form at least 15 days before the scheduled expiration of the Timbering License. A renewal form shall be sent by the director to the last known address of the licensee at least 30 days prior to the renewal deadline.

3.5. Licenses not renewed for two successive biennial licensing terms (4 years) shall be deemed vacant, and the number shall be available for reassignment.

3.6. Any person found guilty of operating without a license as specified by this rule shall be issued a Suspension Order and a Compliance Order and must procure such license before resuming operations.

3.7. A sign, including thereon the name of the operator and the operator's license number, in letters no less than three inches high, shall be in plain view at each active landing on a timbering operation.

3.8. Any person applying for an exemption from licensing shall complete an Application for Timber-Harvesting Exemption form and a Harvesting of Timber Notification form supplied by the director. The exempted person shall have in his or her possession a certificate of Timber-Harvesting Exemption approved by the director before any trees can be severed.

W. Va. Code R. § 22-2-4 License Suspension; Suspension of Operations

4.1. The license of any operator may be suspended for no less than 30 nor more than 90 days when found to be in violation of the provisions of either the logging sediment control act or the water pollution control act for a second time within any two-year period. Under such circumstances, a compliance order and a suspension order issued for the same violation shall constitute a single offense for the purposes of license suspension.

4.2. The director, or his or her designee, has the discretion to immediately suspend a timbering operator from further operations, a singular timbering operation, or any part of any operation in any part of the state.

4.3. A compliance order must accompany the suspension order and define the violation as well as the corrective actions that must be taken to facilitate the release of the suspension order.

4.4. Violations to be considered as cause for license suspension or a suspension order shall include, but not be limited to:

4.4.a. Failure to have a timbering operation supervised by a certified logger.

4.4.b. Failure to notify the director, on a form provided by the director, at least 3 days prior to the beginning of a timbering operation.

4.4.c. Providing invalid or misleading information on a notification form or failing to provide information on the form as required by the director.

4.4.d. Failure to place a sign, as per section 3.7, at the timbering operation.

4.4.e. Failure to use appropriate best management practices.

4.4.f. Failure to observe compliance orders from the director.

4.4.g. Failure to observe a suspension order from the director.

4.4.h. Interfering with the director's or chief's access to the operation for inspection purposes during reasonable working hours or for emergencies.

4.4.i. The director believes that observed damage or circumstances on a timbering operation are sufficient to endanger life or result in uncorrectable soil erosion or water pollution.

4.4.j. Upon request from another state or federal agency that the operator is in violation of state or federal law.

W. Va. Code R. § 22-2-5 License Revocation

5.1. The license of any timbering operator, timber buyer, or log buyer, or exemption held by an approved person may be revoked for any of the following reasons:

5.1.a. Providing false data on the licensing application or exemption form.

5.1.b. Being found in violation of either the logging sediment control act or the water pollution control act for a third time within any two-year period. Violations to be considered as causes for license revocation shall include, but are not necessarily limited to, the listing in section 4.4.a through 4.4j of this regulation.

W. Va. Code R. § 22-2-6 Exceptions

6.1. Persons severing evergreen trees for sale during the traditional Christmas season shall be exempt from licensing for that activity.

6.2. Persons severing trees incidental to ground-disturbing construction activities shall be exempt from licensing for that activity provided that the wood products produced are not sold.

6.3. Persons severing trees incidental to the construction of access roads, well sites, gathering lines or transportation pipelines shall be exempt for that activity provided that the wood products produced are not sold.

6.4. Persons severing trees incidental to the construction of highways or public utility rights-of-way or for the maintenance of existing highways or public utility rights-of-way shall be exempt from licensing for that activity providing that the trees so severed are not sold.

6.5. Companies regulated by the federal energy regulatory commission shall be exempt from licensing for the severing of trees incidental to the purposes for which they are regulated.

6.6. An individual severing trees on the individual's own property with the intention of using the logs directly or for the manufacture of wood products for the personal use of the individual or the immediate family of the individual shall be exempt from licensing for that activity, provided that the individual does not have the severing conducted by a person whose business is the commercial severing or removal of trees.

W. Va. Code R. § 22-2-7 Right of Appeal

7.1. Any person aggrieved or having an interest adversely affected by a decision of the director relative to the licensing of timbering operators, or timber buyers or log buyers purchasing logs for resale shall have the right to appeal the order pursuant to the provisions of W. Va. Code §19-1B-10, W. Va. Code §19-1B-11, W. Va. Code §51-11-1 et seq. or W. Va. Code §29A-5-4, as applicable.

22CSR2

Series 03 Sediment Control During Commercial Timber-Harvesting Operations-Logger Certification

W. Va. Code R. § 22-3-1 General

1.1. Scope. -- This rule establishes procedures by which the certification necessary before a person may directly supervise timbering operations in West Virginia may be acquired, suspended or revoked.

1.2. Authority. -- W. Va. Code §19-1B-7.

1.3. Filing Date. -- June 3, 2024

1.4. Effective Date. -- June 3, 2024

1.5. Sunset Provision. This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 22-3-2 Definitions

2.2. "Chief" -- means the Director of the Division of Water and Waste Management of the Department of Environmental Protection or his or her agent.

2.3. "Certified Logger" -- means an individual engaged in the business of severing trees for commercial purposes who has successfully completed the program prescribed by the director to ensure competency in the safe conduct of timbering operations, in first aid, and in the use of BMP's.

2.4. Certified Logger Supervising -- means at an active timbering operation the certified logger shall be physically present to observe and supervise the work and performance of logging crew personnel while engaged in logging activities, including the severing and delimbing of trees, the cutting of delimbed trees into logs, the preparation of any skid and haul roads and installation of BMPs and administering first aid procedures.

2.5. "Commercial" -- means that which is done for a wage, fee, commission, agent or profit.

2.6. "Compliance Order" -- means a written order of the director specifying how a situation that is contributing, or has the potential to contribute, to soil erosion or water pollution, be corrected; and further specifying a reasonable and practical number of days in which the corrective action(s) must be taken.

2.7. "Conference Panel" -- means the entity comprised of those persons selected by the director and the chief, as specified in W. Va. Code §19-1B-11(a), and who, upon the request of an aggrieved person or upon petition of the chief, meet to affirm, modify or vacate orders of the director relating to commercial timber harvesting.

2.8. "Director" -- means the director, also termed the state administrative forester, of the West Virginia Division of Forestry or his or her agent.

2.9. "Haul Road" -- means a road, other than roads built under an active permit to comply with other laws or regulations, constructed or used for the transportation of logs from a landing to a state road or highway.

2.10. "Landing" -- means an area, integral to the logging operation, in or near a forest where logs are first accumulated and/or prepared for loading onto or into carriers for transportation to a wood-processing facility.

2.11. "Logger Certification" -- means the issuance of a numbered certificate and a wallet-sized photo identification card to individuals successfully completing a regularly scheduled program of education, training and examination prescribed by the director in the safe conduct of timbering operations, in first aid procedures, and in the use of best management practices.

2.12. "Skid Road" -- means a road over which trees and logs are carried or dragged from the point where severed to a landing.

2.13. "Timbering Operations" or the singular -- as defined in the W. Va. Code §19-1B-3(e), includes all aspects of logging, including but not limited to severing and delimbing of trees, cutting of the delimbed tree into logs either at the point of severing or at a landing, the preparation of any skid and haul roads and the skidding or otherwise moving of logs to landings.

2.14. "Water Pollution Control Act" -- means Article 11, Chapter 22, of the W. Va. Code or the successor citation.

W. Va. Code R. § 22-3-3 Procedures for Certifying Loggers; Supervisory Activities; Carrying Photo Identification Card

3.1. Any individual engaged in the supervision of a logging crew shall be certified as a certified logger by the director. Logging crew members not involved in supervision may be certified, but certification is not mandatory.

3.2. The chief or any agent of the chief engaged in the review of timbering operations to ascertain compliance with appropriate statutes shall be specially certified by the director upon successful completion of the BMP training portion of the program.

3.3. Any individual applying for certification as a certified logger shall first complete the course of instruction prescribed by the director for that purpose and shall then complete an application form supplied by the director.

3.4. A fee of $150 shall be submitted with each application for certification or for certification renewal for each biennial certification term. There shall be no prorating of the fee for partial term certification.

3.5. Certified Loggers must complete a course of continuing education approved by the director before every biennial recertification.

3.5.a. The course of training must include a minimum of 6 credits approved by the director, 2 of the credits must consist of a review relating to West Virginia laws and BMPs for silvicultural operations.

3.5.b. All applications for continuing education credits must be made on the form provided by the Division and approved by the director.

3.5.c. Any provider holding an approved training shall provide a roster of attendees, certified by affixing his or her signature on the roster, to the Division before credits shall be applied.

3.5.d. Disputes over denial of credits or the amount of credits issued for a particular training shall be resolved by a panel consisting of the director, a currently certified logger, a representative from WVU Division of Forestry and Natural Resources, a representative from a forest-products industry organization and a representative from a forestry certification organization.

3.6. Certifications not renewed for 2 successive biennial terms shall be deemed vacant, and the number shall be available for reassignment.

3.7. Any person found guilty of supervising a logging crew without a valid certification shall be eligible for certification upon satisfactory completion of the next regularly scheduled course of instruction prescribed by the director.

3.8. A certified logger shall not directly supervise more than 1 crew at a time.

3.9. A certified logger shall, when supervising an active timbering operation, be at the operation each day, but may leave the operation for short periods of time if an emergency situation develops.

3.10. Certified loggers shall have their certified logger photo identification cards on their person at any time they are supervising a logging crew.

W. Va. Code R. § 22-3-4 Logger Certification Suspension

4.1. The certification of any certified logger may be suspended for no less than 30 nor more than 90 days when found to be in violation of the provisions of either the logging sediment control act or the water pollution control act for a second time within any two-year period. A single incident, regardless of the number of citations, shall constitute a single violation.

4.2. Violations to be considered as cause for certification suspension shall include, but shall not be limited to:

4.2.a. Providing invalid or misleading information on an application form.

4.2.b. Failure to use appropriate best management practices.

4.2.c. Failure to observe compliance orders from the director.

4.2.d. Failure to observe a timbering operation suspension order from the director.

4.2.e. Failure to keep first aid certification current.

4.2.f. Interfering with the director's or chief's access to the operation for inspection purposes during reasonable working hours or for emergencies.

W. Va. Code R. § 22-3-5 Logger Certification Revocation

5.1. An individual's certified logger certification may be revoked for any of the following reasons. Recertification shall be contingent upon again successfully completing the general certification procedures, but in no event shall a recertification be issued prior to 1 year after the revocation.

5.1.a. Providing false data on the application for certification.

5.1.b. Being found in violation of either the logging sediment control act or the water pollution control act for a third time within any two-year period. Violations to be considered as causes for certification revocation shall include, but aren't necessarily limited to, the listing set forth in section 4.2.a through 4.2.f of this regulation.

W. Va. Code R. § 22-3-6 Reciprocity with Other States

6.1. Reciprocity with other states with similar certification programs shall be on the basis of a written agreement signed by the director and the appropriate official of the other state.

6.2. The director may enter into reciprocal agreements with agencies or organizations responsible for logger training and education in another state. Provided, before signing a reciprocal agreement with another state, the director shall first determine that the program or aspect of the program under consideration is at least equal to that of the West Virginia logger certification program.

6.3. Standard first aid cards; i.e., Red Cross, Emergency Medical Technician, etc., showing competency in a course of first aid at least equal to that prescribed by the director, shall be acceptable as proof of competency for that part of the training.

W. Va. Code R. § 22-3-7 Right of Appeal

7.1. Any person aggrieved or having an interest adversely affected by a decision of the director relative to his or her certification as a certified logger shall have the right to appeal the order pursuant to the provisions of W. Va. Code §19-1B-1010, W. Va. Code §19-1B-11, W. Va. Code §51-11-1 et seq. or W. Va. Code §29A-5-4, as applicable.

W. Va. Code R. § 22-3-8 Exemptions

8.1. Any individual exempt from licensing is also exempt from certification.

22CSR3

Series 05 Procedure for the WV Forest Legacy Program

W. Va. Code R. § 22-5-1 General

1.1. Scope. -- This rule establishes the procedures for the West Virginia Forest Legacy Program as administered by the West Virginia Division of Forestry (WVDOF) as lead state agency, so designated by Governor and under authority of W. VA. Code §19-1A-1, 2 & 4, under the West Virginia Forest Legacy Program.

1.2. Authority. -- W. Va. Code §19-1A-4(b)(3)

1.3. Filing Date. -- January 30, 2017

1.4. Effective Date. -- February 1, 2017

1.5. Repeal of Former Rule. -- This procedural rule repeals and replaces WV 22CSR5 Rules on procedure for applying for Conservation Easement Status and Funding under the W. Va. Forest Legacy Program filed December 3, 2004 and effective January 4, 2005.

1.6. Background. -- Section 1217 of Title XII of the 1990 Farm Bill (P.L. 101-624 stats. 3359; 16 USC 2103c) amended the Cooperative Forestry Assistance Act of 1978 (15 U.S.C 2101) to allow the establishment of a Forest Legacy Program to protect important forest areas believed to be threatened to conversion to non-forest uses. The authority continues indefinitely. The 1996 Farm Bill (P.L. 104-127; Title III Conservation Subtitle G Forestry; Section. 374, Optional State Grants for Forest Legacy Program) authorized grants to states for a Forest Legacy Program. The West Virginia Division of Forestry, as lead agency for forestry in the State, administers the West Virginia Forest Legacy Program (FLP).

W. Va. Code R. § 22-5-2 Definitions

2.1. Approved Forest Stewardship Plan is a written document that is no more than 10 years old, prepared by a West Virginia Registered Professional Forester who is also a West Virginia Division of Forestry certified Stewardship plan writer. The Forest Stewardship Plan and any subsequent revisions will be in accordance with the current revision of the West Virginia Forest Stewardship Operating Plan of the West Virginia Division of Forestry and the Conservation Easement terms. The Forest Stewardship Plan and any subsequent revisions shall be approved by the State Forester, and maintained on file at the headquarters office of the West Virginia Division of Forestry.

2.2. Assessment of Need (AON) is the formal assessment developed by the West Virginia Division of Forestry (WVDOF) to document: (1) the need for the Forest Legacy Program in West Virginia; (2) to identify and delineate the boundaries of forest areas meeting the overall eligibility requirements for designation as Forest Legacy Areas; (3) to recommend those areas to the US Forest Service/US Secretary of Agriculture for inclusion in the Forest Legacy Program; (4) to provide instruction to the US Forest Service and WVDOF on how to protect properties; and 5) is hereby incorporated by reference. The original June 30, 2003 AON was approved by US Department of Agriculture (USDA) and distributed by WVDOF on December 2, 2003.

2.3. Assessment of Need Amendment is a document produced by the WVDOF to amend the AON in some fashion.

2.4. Baseline Documentation Report (BDR) is a report that includes results of a natural resources inventory of the protected property; US Geological Survey 7.5 quadrangle map with Protected Property boundaries and other contiguous or nearby protected areas; map drawn to scale depicting manmade improvements, flora and fauna, land use history, and distinct natural features; and a most recent aerial photograph (to scale). The Baseline Documentary Report shall be supplemented by additional descriptive detail and onsite photographs. Said Baseline Documentary Report documents the condition of the property at the time of closing and shall meet the requirements of Title 26 CFR §1.170A-14(g)(5)(i). This document shall be prepared, updated, and kept on file by WVDOF.

2.5. Conservation is the professional management of forest, soil, and water that produces goods and services for society. Prohibition or extinguishment of timber harvesting or forest management, in whole or in part, shall not constitute conservation.

2.6. Cost Sharing is the proportionate amount of non-federal funding that accompanies federal Forest Legacy Program funding. The federal Forest Legacy Program share is always cash. To meet the non-federal share, WVDOF may use cash or donations in the interests in land or fee parcels, in accordance with US Forest Service Requirements. Conservation Easements funded without any federal Forest Legacy Program Funding are only subject to cost sharing requirements of the funding source.

2.7. Forestland is real estate inhabited by trees and other woody plants capable of producing timber, other wood products and commonly associated organisms.

2.8. Forest Legacy Area (FLA) is a portion of the state delineated, described, mapped and listed in the AON as suitable for Forest Legacy Projects.

2.9. The Forest Legacy Program (FLP) is a cooperative program between the United States Forest Service (USFS) of the United States Department of Agriculture and the WVDOF of the West Virginia Department of Commerce that identifies and protects significant forestland threatened by conversion to non-forest uses. WVDOF is provided the opportunity but not the obligation to protect such forestland through WVDOF approved fee acquisitions or Working Forest Conservation Easements.

2.10. FLP Forester is the Forest Legacy Program Forester of the West Virginia Division of Forestry.

2.11. Forest Legacy Program Project (FLPP) is a federally funded, non-federally funded, or donated tract that has received prior approval by the FSCC and WVDOF in accordance with sections §22-5-3, §22-5-4, and §22-5-5 of this rule.

2.12. Forms are data sheets provided by the WVDOF on which relevant information has to be submitted for consideration under the FLP.

2.13. Grantee is defined as the entity receiving title to the rights named in a conservation easement or fee purchase for forestland; in the case of the FLP, the Grantee is the WVDOF.

2.14. Grantor is a landowner conveying forestland in fee or as a working forest conservation easement to the Grantee.

2.15. Interest In Land is a legal ownership or right in property that is less than a full title.

2.16. Forest Stewardship Coordinating Committee (FSCC) is the committee, appointed by the State Forester, to coordinate forest stewardship planning and other forest-based activities as prescribed in the Cooperative Forest Assistance Act of 1978 as amended.

2.17. State Attorney General is the elected Attorney General of the State of West Virginia or his designee.

2.18. State Forester is the Director/State Forester of the West Virginia Division of Forestry.

2.19. Threat is the degree of probability that forestland is in danger of being converted to non-forest uses or subdivided into smaller tracts.

2.20. Traditional Forest Uses are actions historically associated with forest lands; i.e., timber production and harvest, wildlife production, forest-based recreation, such as hunting, fishing and hiking and historically specialized aesthetics.

2.21. Working Forest Conservation Easement (WFCE) is a conservation easement that provides the opportunity for: (1) for professional forestry to be practiced; (2) forest management to occur with pre-commercial as well as commercially feasible silvicultural practices; (3) for timber harvesting to occur; and (4) for conservation as defined in subsection 22CSR5-2.5 of this rule, to occur. Development and further subdivision of the protected property, not counting excluded areas shall be prohibited. All management activities on the protected property shall be in compliance with an Approved Forest Stewardship Plan.

W. Va. Code R. § 22-5-3 Submission of Applications

3.1. All applications for a proposed sale in fee or of a conservation easement, shall be submitted to the State Forester at the address given on the forms.

3.2. The landowner shall submit only one application per property.

3.3. To allow time to meet the US Forest Service application deadline during the current calendar year, applications shall be received by WVDOF, at the address listed on the form, by February 1. If an application is received by WVDOF after February 1, it shall be considered for the federal application deadline during the next calendar year. After applications have been submitted to WVDOF, applicants do not have to re-submit new applications year after year.

W. Va. Code R. § 22-5-4 Application Evaluation

4.1. The FLP Forester shall provide applications to the FLP Subcommittee who will perform an initial screening of the applications. The subcommittee shall score the applications to perform the initial screening. The purpose of the initial screening is to determine the applications that due diligence will be conducted on and to provide a number of applications that can be efficiently ranked and/or visited on site. The preliminary screening will prioritize the applications that due diligence is to be conducted on. The FLP Subcommittees preliminary screening will be submitted to the FSCC for approval/disapproval.

4.2. Once the initial screening has been approved by the FSCC, due diligence is to be conducted on the applications. Due diligence is to be conducted to identify potential problems with the applications. Due diligence, shall at a minimum, include: preliminary courthouse work, review of deed calls and boundaries, review of access, review of mineral rights issues, inspection of the property for open dumps, and review of any documentation in the possession of the landowner.

4.3. If a potential problem is found, the landowner shall be notified of the potential problem, in writing with a description of the curative work that will be necessary before the application can receive further consideration, along with the necessary deadlines.

W. Va. Code R. § 22-5-5 Application Ranking

5.1. Applications found to be free of potential problems and applications for which curative work has been completed shall be submitted to the Forest Legacy Subcommittee to be prioritized and organized into proposed FLP projects. The resulting proposed FLP projects shall be submitted to the FSCC for approval / disapproval.

5.2. Projects shall be evaluated based on criteria identified in the AON or subsequent amendments, whichever is most current.

W. Va. Code R. § 22-5-6 Easement Acquisition

6.1. The DOF shall negotiate all FLP WFCEs using its template that has been approved by the USFS and approved as to form by the Attorney General. The approved WFCE template is maintained by WVDOF and is included in the WVDOF Forest Legacy Procedures Manual.

6.2. The DOF may contract for any and all property surveys necessary for closing on Conservation Easements.

6.3. The Attorney General shall certify the title and provide a letter of title assurance to the DOF before closing on Conservation Easements.

6.4. If there is more than one property owner , WVDOF reserves the right but not the obligation to require one owner to obtain power of attorney to negotiate and sign documents on behalf of all other owner(s).

W. Va. Code R. § 22-5-7 Baseline Documentation

7.1. All Baseline Documentation Reports (BDR) shall be Prepared by a WVDOF Registered Professional Forester in compliance with Title 26 CFR §1.170A-14(g)(5)(i). This document shall be prepared, updated and kept on file by WVDOF.

W. Va. Code R. § 22-5-8 Federal Forest Legacy Program Funded Appraisals and Appraisal Reviews

8.1. The appraisal shall be conducted after the WVDOF has negotiated the WFCE with the landowner and after the WFCE has been approved by the USFS and Attorney General.

8.2. The appraisal must be prepared in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book / UASFLA) and the Uniform Standards for Professional Appraisal Practice of the Appraisal Foundation (USPAP). The UASFLA requirements supersede USPAP, and will require the citing of jurisdictional exception under USPAP.

8.3. The appraisal review shall be a technical review under USPAP SR-3. The reviewer is required to prepare a written, narrative review report, without an independent opinion of value, which evaluates the appraisals compliance with UASFLA, USPAP and Task Assignment instructions.

8.4. The FLP Forester and USFS shall jointly prepare task assignments for all federal Forest Legacy Program funded appraisals and appraisal reviews. The appraiser and review appraiser shall be provided with the task assignments with appropriate maps, and backup documentation prior to the start of the appraisal.

8.5. A pre-work meeting of the FLP Forester, appraiser and review appraiser is required before the start of the appraisal.

8.6. In accordance with USFS requirements, WVDOF may not pay grantors more than 75% of the appraised value of the conservation easement or property with federal Forest Legacy Program Funds.

8.7. For conservation easements where federal Forest Legacy Program funds are not involved at all, appraisals and appraisal reviews shall be conducted in accordance with the requirements of the funding source, are not subject to §22-5-8.1, 8.2, 8.3, 8.4, 8.5, and 8.6 of this rule, and USFS approvals are not required. 8.8 Regardless of the funding source, WVDOF may not pay more than the appraised value for any conservation easement or fee acquisition.

W. Va. Code R. § 22-5-9 Closings

9.1. The Attorney General shall handle all closings for the DOF. Further the Attorney General shall coordinate payment of any liens and establishment of subordination of deeds of trust prior to closing.

W. Va. Code R. § 22-5-10 Monitoring

10.1. The objectives of DOF easement monitoring are: 1) to meet the US Forest Service FLP Guidelines which state that the Governmental entity holding the interest in land acquired under the FLP shall monitor and manage these interests in perpetuity; and 2) to build and maintain partnerships with landowners.

10.2. The DOF shall annually monitor each of its conservation easements.

10.3. The FLP Forester will file a monitoring report after each monitoring visit.

10.4. Monitoring shall be conducted in accordance with the most recent revision of the WVDOF Conservation Easement Stewardship Policy.

W. Va. Code R. § 22-5-11 Record Keeping

11.1. The DOF will maintain permanent records in accordance with the most recent revision of WVDOF Conservation Easement Stewardship Policy.

11.2. Documents that are to be retained include but are not limited to:

11.2.a. Application

11.2.b. Minerals Determination

11.2.c. USFS approval of easement

11.2.d. Recorded easement with survey plats

11.2.e. Recorded subordination deeds of trust

11.2.f. Appraisal task assignment

11.2.g. Appraisal

11.2.h. Appraisal review

11.2.i. Appraiser qualifications

11.2.j. Review appraiser qualifications

11.2.k. Survey task assignment

11.2.l. Surveyor qualifications

11.2.m. Baseline report

11.2.n. Stewardship Plan and Stewardship Amendments

11.2.o. Title report with copies of recorded documents

11.2.p. Title assurance letter

11.2.q. Amicable agreement/offer letter

11.2.r. Payment information

11.2.s. Correspondence

11.2.t. Monitoring reports

11.2.u. Easement amendments

11.2.v. Grant agreement

11.2.w. Written approvals / disapprovals

W. Va. Code R. § 22-5-12 Approvals

12.1. The FLP Forester shall review Stewardship Plans, Stewardship Plan Revisions, and other requests for approval from landowners and provide recommendations to the State Forester, who will approve or disapprove the request in writing. On other than routine requests, the FLP Forester, if necessary, shall consult with the USFS, Attorney General and/or Stewardship Committee before providing a recommendation to the State Forester.

22CSR5

Series 06 Rules for the Certification of Managed Timberland

W. Va. Code R. § 22-6-1 General

1.1. Scope. -- This legislative rule establishes the guidelines and procedures for the certification of managed timberland.

1.2. Authority. -- W. Va. Code §11-1C-11(e)

1.3. Filing Date. -- 03/11/2026

1.4. Effective Date. -- 03/11/2026

1.5. 1.5 Sunset Provision.—This rule shall terminate and have no further force or effect on and after August 1, 2031.

W. Va. Code R. § 22-6-2 Introduction

2.1. The certification of property as Managed Timberland outlined herein shall be performed solely by the Division of Forestry. No other agency, state or local shall have any authority to certify or decertify land as Managed Timberland.

W. Va. Code R. § 22-6-3 Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meaning ascribed in this section.

3.1. "dbh" means the diameter of trees at breast height, which is 4.5' above ground level.

3.2. "Division of Forestry" means the West Virginia Department of Commerce, Division of Forestry.

3.3. "Farm wood lot" means that portion of a farm in timber but may not include land used primarily for the growing of timber for commercial purposes except that Christmas trees, or nursery stock and woodland products, such as nuts or fruits harvested for human consumption, shall be considered farm products and not timber products.

3.4. "MBF" means thousand board feet..

3.5. "Managed Timberland" means surface real property, including farm wood lots deemed eligible under section 5 of this rule, of not less than ten contiguous acres which is devoted primarily to forest use and which, in consideration of their size, has sufficient numbers of commercially valuable species of trees to constitute at least forty percent normal stocking of forest trees which are well distributed over the growing site, and that it is managed according to a plan as defined in subsection 3.6 or by a managing forester as defined in section 3.7 of this rule.

3.6. "Managed Timberland Plan" means the written plan approved by either a Registered Forester or Registered Forestry Technician that conforms to the following standards established by the Division of Forestry in the plan:

3.6.1. Includes the owner's multipurpose objectives for the property.

3.6.2. Provides for the land:

3.6.2.a. To remain in at least 40% or greater forest cover of well-distributed non-invasive trees,

3.6.2.b. Includes recommendations for silvicultural practices and harvests that will produce continuous crops of timber according to the site's productivity, and

3.6.2.c. to be monitored for and action taken against threats from injurious agencies, such as but not limited to invasive pests, invasive plants, or disease.

3.6.3. Ensures that harvesting will be done in a manner that assures regeneration of the landowner's preferred non-invasive species; and

3.6.4. Assures sustainability of forest resources and compliance with the Logging Sediment Control Act, W. Va. Code '19-1B-1 et seq.

3.6.5. Includes an inventory of tree species and volume present on the property.

3.6.6. Includes a map of the property, which divides the property into stands of different timber types or age classes, if applicable.

3.7. “Managing Forester” means any Registered Forester or Registered Forestry Technician employed by or engaged in writing by the owner to manage their forests to the same standards as a Managed Timberland Plan.3.8. “Registered Forester” means any Forester registered by the WV Board of Registration for Foresters in the State of West Virginia.

3.9. “Registered Forestry Technician” means any Forestry Technician registered by the WV Board of Registration for Foresters in the State of West Virginia.

3.10. “Silviculture” means the practice of controlling the growth, composition/structure, as well as quality of forests to meet values and needs, specifically timber production.

3.11. "Owner of surface less timber" means any person who owns an interest in the surface where the timber rights have been sold to someone else.

3.12. "Owner of Timber" means any person who owns an interest in timber, including a lessor or sublessor and an owner of a contract right to cut timber. The owner of timber must have the right to cut timber for sale on their account for use in their trade or business to have property rights that are subject to ad valorem property taxes.

3.13. "Timber" means trees of any marketable species, whether planted or of natural growth, standing or down, located on public or privately owned land, which are suitable for commercial or industrial use.

3.14. "Timberland (Woodland/Wasteland)" means any surface real property, except farm woodlots of not less than ten contiguous acres, which is primarily in forest and which has, in consideration of their size, sufficient numbers of commercially valuable species of trees to constitute at least forty percent (40%) normal stocking of forest trees which are well distributed over the growing site. Additionally, land recently harvested of merchantable timber growing into or being planted as a new forest may be classified as timberland.

W. Va. Code R. § 22-6-4 Ownership Limitations on Managed Timberland

4.1. Surface less timber -- Property where the surface owner does not also own the timber rights is not eligible for managed timberland classification and shall be valued by the assessor.

4.2. Timber -- Property where the owner of the timber rights does not also own the surface is not eligible for managed timberland classification and shall be valued by the assessor. '22-6‑5. Certification of Land Previously Classified as Farm Wood Lots.

5.1. Lands that were previously valued as farm wood lot as part of farm property under W. Va. Code §11-1A-10, but which have had their use change may be considered for certification as Managed Timberland.

W. Va. Code R. § 22-6-6 Timberland Improvements

6.1. Improvements such as roads and service buildings that are a required (usual) part of timber management operations can be included in the Certification of Managed Timberland. Improvements that are not a necessary part of the timber management operations, such as dwellings, cottages, hunting camps, other recreational facilities, and associated real estate, are ineligible for Certification. Additionally, haul roads, strip and/or mountaintop removal mines, plant facilities, powerline and gas/oil pipeline rights‑of‑way, and gas/oil well pads are ineligible for Certification. '22-6‑7. Valuation of Less Than 10 Acres.

7.1. A parcel, or contiguous parcels, of timberland totaling less than ten (10) acres shall not be considered for certification as managed timberland. '22-6‑8. Application for Certification and Valuation as Managed Timberland.

8.1. For property to qualify for managed timberland the owner of the surface real property identified on the county tax mapping system shall enter into a written contract with the Division of Forestry, on or before the first day of July, which confirms that the property satisfies the requirements of managed timberland, as defined in Section 3 of this rule, and that within 2 years they will have engaged a Registered Forester or Registered Forestry Technician to develop a Managed Timberland Plan or to act as their Managing Forester. Voluntary withdrawal of Certification by the owner before this 2-year grace period has passed will not constitute a breach of contract and no penalty will be assessed against the owner.

8.2. Every fifth year thereafter, on or before September 1, the owner shall apply via an approved method for renewal of their certification as managed timberland with the Division of Forestry. The application shall include the name of the forester who prepared the plan or the name of the managing forester. Falsification of certification or failure to follow a professionally prepared plan shall result in loss of valuation as managed timberland. In any event, the following information shall be provided:

8.2.1. The county, district, map, parcel number, deed book surface acreage and actual surveyed surface acreage, if available, for each parcel that is to be valued as managed timberland. 8.2.2 The amount of acreage in each parcel that should be classified as managed timberland. For those properties where managed timberland acreage is different than deed acreage, information identifying the use of the non-managed acreage is required.

8.2.3. The signature of the owner (including all fractional interests) acknowledging that the contract with the Division of Forestry has been reviewed and approved and that the property is being managed according to accepted silvicultural standards and the Best Management Practices for water quality as outlined in the West Virginia Silvicultural Best Management Practices handbook. If there are multiple owners, all must sign unless a legal document has been provided to the Division of Forestry giving certain owners authority to manage the timber on their behalf.

8.4. The Division of Forestry shall, on or before October 1 of each year, provide the State Tax Commission with a copy of the certifications and reports and provide a list of those properties certified as managed timberland and those denied certifications. After the October 1 report is filed, the Division of Forestry has until January 15 of the next calendar year to review any applications questioned by the State Tax Commissioner or county officials.

8.5. The property owner whose initial contract was denied or who has been refused recertification for any reason may, on or before November 1st of the assessment year, file an appeal of the denial or file the requested data with the Director of the Division of Forestry. On or before the following December 1st, the Division of Forestry shall advise the Tax Commissioner of any changes to the status of denied parcels. Should the appeal be denied or should an owner fail to appeal by November 1st, then the property is denied certification for that tax year, and thus the certification will be considered revoked. Further appeals will utilize the process designated in §11-1C-11b(g).

8.5.1. Revocation for failure to reapply shall not prevent an owner from submitting a new contract prior to July 1st of the next tax year.

8.6. Owners who were previously certified as Managed Timberland prior to July 1st, 2025, will be assigned a random reapplication deadline by the Division of Forestry between 1 and 5 years, to phase in the bulk of reapplications so that they are not all due within the same tax year. Thereafter, they will renew every fifth year.