Title 402 KAR — Energy and Environment Cabinet - Department for Natural Resources

Chapter 3 Division of Forestry

402 KAR 3:010 Timber sales {#sec-402-kar-3-010 omnilex-key=us-ky-regs-official--title-402--402 KAR 3:010}

Section 1. Definitions.

(1) "Director" means the director of the Division of Forestry.

(2) "Major timber sales" means sales of merchantable timber with a return of $25,000 or more in cash receipts to the Division of Forestry.

(3) "Minor timber sales" means sales of merchantable timber with a return of less than $25,000 in cash receipts to the Division of Forestry.

Section 2. Major Timber Sales from State Forests. Timber may be harvested from a state forest for sale pursuant to KRS 149.020. Major timber sales shall be conducted in accordance with the requirements of this section.

(1) Advertisement.

(a) The Division of Forestry shall mail a timber sale packet to each prospective buyer a minimum of three (3) weeks before bid opening. The sale shall be advertised at least one (1) time in three (3) local newspapers or three times (3) in one (1) local newspaper.

(b) A timber sale packet shall be prepared for each sale and shall include a:

1. Timber Sale Prospectus, including pertinent details of the sale;

2. Bid for advertised timber;

3. Summary of Timber Marked if the trees are individually designated, or a Cruise Summary if it is a boundary sale;

4. Timber Sale Contract;

5. Map of the sale area; and

6. Self-addressed sealed bid envelope.

(2) Contract.

(a) Timber shall be sold by written timber sales contract. The terms shall be adequate in the judgment of the director to protect the interests of the Commonwealth.

1. The timber sale contract shall be awarded immediately after bid opening.

2. Full payment for the timber sold shall be submitted within five (5) working days of awarding the contract.

(b) A certified check, made payable to Kentucky State Treasurer in an amount not less than $2,500 or more than ten (10) percent of the established minimum bid, shall be required as a sign of good faith to accompany each bid.

1. The bid shall be considered as part of the total sale price of the successful bidder.

2. Deposits of unsuccessful bidders shall be returned.

(c) As a guarantee of the performance of the terms of the contract, the successful bidder shall, within five (5) days of the date of the contract, deposit with the Division of Forestry a certified check as performance bond in the amount of not more than ten (10) percent of the established minimum bid, but not less than $2,500.

1. In lieu of the posting of the certified check as a performance bond, the successful bidder may post a surety bond with surety satisfactory to the Division of Forestry.

2. The bond shall be held until the completion of the terms of the contract.

(3) Compliance.

(a) The timber purchaser shall be required to comply with all timber sale contract requirements.

1. During ongoing harvesting activities, the operation shall be inspected by the local state forest administrator at least once every two (2) weeks to access compliance and to be available to answer any questions the purchaser may have.

2. If the purchaser is found in non-compliance with the contract, then the purchaser shall be informed and told what corrective measures shall be taken.

(b) The timber purchaser shall be required to maintain compliance with best management practices pursuant to 402 KAR 3:030.

(c) If the purchaser fails or refuses to comply with the direction given by the state forest administrator, then the operation shall be suspended or terminated in accordance with the timber sale contract.

(d) Upon satisfactory completion of all terms of the contract and payment of any damages incurred, the Division of Forestry shall release the purchaser's performance bond.

(4) Minimum Bid. A minimum acceptable bid shall be determined for each sale and shall be stated as a part of the timber sale packet advertisement.

(a) A guide for determining the minimum bid shall be calculated by indexing the current price of No. 1 common lumber for each species, multiplying by the general profit or risk percentage and commission for industry in the particular area of the sale, and subtracting average logging, milling and drying cost.

(b) The price of No. 2 common lumber may be substituted for No. 1 common lumber on low quality species.

(c) The director may adjust the minimum bid established in subsection (4) of this section, as necessary, based on the director's professional knowledge, general market conditions in the local area, and the special characteristic of the individual sale.

(5) Negotiated Sale. If bids are not received on an advertised tract of timber, the Division of Forestry, with the approval of the director, may negotiate the sale of the tract of timber if it is judged in the best interest of the Division of Forestry and the Commonwealth.

(a) Negotiated sales shall be for no less than the minimum bid.

(b) The contract shall be executed within six (6) months of the bid opening date.

Section 3. Minor Timber Sales from State Forests.

(1) Timber may be harvested from a state forest for sale pursuant to KRS 149.020. Minor timber sales shall require:

(a) A performance bond of $500 or five (5) percent of the winning bid amount, whichever is greater;

(b) Full payment for products and performance bonds, if necessary, to be made within five (5) working days of execution of the permit; and

(c) The timber purchaser to maintain compliance with best management practices pursuant to 402 KAR 3:030.

(2) A potential buyer for minor timber sales shall notify the division and the sales shall be carried out under the supervision of the Division of Forestry.

(3) If time is insufficient, harvest or salvage operations in preparation for land use change as approved by the director of the Division of Forestry may exceed the $25,000 maximum limitation.

History

• RELATES TO: KRS 149.010, 149.020
• STATUTORY AUTHORITY: KRS 149.010(2), 149.020
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.010(2) requires the director of the Division of Forestry, with the approval of the Secretary of the Energy and Environment Cabinet, to promulgate administrative regulations necessary to carry out the functions assigned to the cabinet. 149.020 authorizes the cabinet to receive by donation, purchase, or lease lands, for forestry purposes, and may convey, exchange, or lease those lands and may sell timber or other forest products thereon. This administrative regulation establishes the requirements of major and minor timber sales.
• History: 402 KAR 003:010. 11 Ky.R. 669; eff. 11-13-1984; 41 Ky.R. 2619; 42 Ky.R. 281; eff. 9-3-2015 44 Ky.R. 577, 922; eff. 11-2-2017; Crt eff. 7-3-2018; Crt eff. 6-17-2025.

402 KAR 3:020 Master logger program {#sec-402-kar-3-020 omnilex-key=us-ky-regs-official--title-402--402 KAR 3:020}

Section 1. Master logger program training course. The master logger program training course shall consist of three (3) one (1) day sessions covering the following topics:

(1) Information on the environmental impacts of timber harvesting operations and the use of best management practices to reduce or eliminate potential adverse effects of timber harvesting operations on water quality;

(2) Laws and administrative regulations impacting logging operations; and

(3) Professional logger safety education.

Section 2. Registration form and fee. A person wishing to attend the master logging program training course shall complete and file a Kentucky Master Logger Registration Form accompanied by a fee of eighty-five (85) dollars.

Section 3. Designation as master logger. A person who successfully completes the master logger program training course shall be designated a master logger. This designation shall be for a period of three (3) years from the date of completion of the course.

Section 4. Designation card.

(1) The Division of Forestry shall issue a wallet-sized master logger designation card to a person who successfully completes the master logger program training course.

(2) The division shall issue a designation card to a person who has previously completed the master logger program in accordance with KRS 149.342(7).

(3) The master logger in charge of a timber harvesting operation shall maintain a current master logger designation card, along with a photo identification card such as a driver's license, on his person at all times when he is on the timber harvesting operation site.

Section 5. Reciprocity. A person who has successfully completed a program in another state which is equivalent to the master logger program training course under Section 1 of this administrative regulation may apply for the issuance of a designation card under Section 4 of this administrative regulation by filing a Kentucky Master Logger Reciprocity Application Form and paying a fee of fifty (50) dollars. The division shall determine that the program is equivalent and that the person successfully completed the program prior to issuing a designation card under Section 4 of this administrative regulation.

Section 6. Continuing education requirements.

(1) A person who wishes to renew his master logger designation card shall complete six (6) hours of continuing master logger education every three (3) years. Continuing master logger education shall consist of one (1) or more of the following subjects: forest management, silviculture, forest health, ecosystem management, timber harvesting, laws and administrative regulations relating to timber harvesting and water quality, logging safety, or advanced best management practices.

(2) Application for renewal and fee. A person wishing to renew a master logger designation and receive a current card shall prior to expiration of the current designation card:

(a) Complete the continuing education requirements established in subsection (1) of this section;

(b) File a Kentucky Master Logger Renewal Form; and

(c) Pay a fee of twenty-five (25) dollars.

Section 7. Revocation of designation as master logger. The cabinet shall revoke the designation card of a master logger who fails to timely apply for renewal, or to comply with the continuing education requirements established in Section 6 of this administrative regulation. The cabinet shall remove the name of the master logger from the list maintained by the division pursuant to KRS 149.342(6).

Section 8. Reinstatement of designation. A person whose master logger designation has been revoked shall attend and successfully complete the master logger training course established under Sections 1 and 2 of this administrative regulation in order to have his designation as a master logger reinstated.

Section 9. Kentucky temporary master logger.

(1) A person who wishes to be designated a Kentucky temporary master logger shall:

(a) Submit a Kentucky Temporary Master Logger Designation Form and pay a fee of fifty (50) dollars; and

(b) Register and pay the applicable fee in accordance with Section 2 of this administrative regulation for a three (3) day Kentucky master logger training program, or an approved equivalent reciprocal training program, scheduled to be held within four (4) months after the date of registration for the training program.

(2)

(a) The applicant shall be designated a Kentucky temporary master logger upon issuance of the Kentucky temporary master logger designation card by the Division of Forestry, and may then begin serving as the temporary master logger on-site and in charge of timber harvesting operations.

(b) The designation card shall state the name and address of the person designated, the date of issuance, and the date of expiration of the designation.

(c) The Kentucky temporary master logger designation shall expire four (4) months from the date of issuance. A renewal shall not be issued. A person shall not receive more than one (1) Kentucky temporary master logger designation in his lifetime.

(d) The Kentucky temporary master logger in charge of a timber harvesting operation shall maintain a valid Kentucky temporary master logger designation card, along with a photo identification card such as a driver's license, on his person at all times when he is on the timber harvesting operation site.

(3)

(a) The logger or operator of a timber harvesting operation who uses a Kentucky temporary master logger shall, prior to beginning the harvest, notify the appropriate local regional office of the Division of Forestry of each operation on which the temporary master logger will be on-site and in charge.

(b) Notification shall be made by letter, facsimile, email, telephone conversation, or in person. A message left on an answering machine or voice mail service shall not constitute valid notification.

(c) In the notification, the logger or operator shall identify the anticipated date of harvest and the location of the timber harvesting site in sufficient detail to enable the division to locate the site in the field. The location shall be identified in at least one of the following ways:

1. Provide the name of the landowner, the county, and the latitude and longitude of the site to the nearest one-tenth (1/10) of a minute or the UTM (Universal Transverse Mercator) coordinates to the nearest 100 meters;

2. Provide the name of the landowner, the county, and a USGS (United States Geological Survey) 7.5-minute topographic quadrangle map or reproduction thereof, marked to show the name of the quadrangle map, the map scale, the north arrow, and the exact location of the site; or

3. Provide the name of the landowner, the county, the nearest named community and the approximate distance and direction from the community to the site, the name and number of the nearest highway or street, and a description of how to reach the site from the nearest road intersection or other appropriate landmark.

(d) The cabinet shall revoke the designation of the Kentucky temporary master logger on-site and in charge of timber harvesting operations if harvest activity is started on the site before valid notification is provided in accordance with this subsection.

(4) A logger or operator who has started harvest activity without a Kentucky master logger or Kentucky temporary master logger on site and in charge of harvest activities shall not be eligible to receive a Kentucky temporary master logger designation, and shall not begin to use a Kentucky temporary master logger on the site.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky Master Logger Registration Form", March 2006;

(b) "Kentucky Master Logger Reciprocity Application Form", November 1998;

(c) "Kentucky Master Logger Renewal Form", March 1999; and

(d) "Kentucky Temporary Master Logger Designation Form", March 2006.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Forestry, 627 Comanche Trail, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

• RELATES TO: KRS 149.330, 149.334, 149.342, 149.344, 149.346
• STATUTORY AUTHORITY: KRS 149.334(5), 149.342(4), (5)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.334 authorizes the cabinet to promulgate administrative regulations relating to KRS 149.330 to 149.355, the Kentucky Forest Conservation Act. KRS 149.342(3) requires the cabinet to specify the requirements for the Master Logger Program and KRS 149.342(4) requires the cabinet to specify the requirements for a temporary master logger designation. This administrative regulation establishes the education and training requirements for the master logger program and the requirements for the temporary master logger designation.
• History: 402 KAR 003:030. 25 Ky.R. 1759; 2411; eff. 5-19-1999; 32 Ky.R. 1328; 1684; 1887; eff. 5-5-2006; TAm eff. 5-12-2015; Crt eff. 7-3-2018; Crt eff. 6-17-2025.

402 KAR 3:030 Best management practices for timber harvesting operations {#sec-402-kar-3-030 omnilex-key=us-ky-regs-official--title-402--402 KAR 3:030}

Section 1. A logger or operator engaged in timber harvesting operations shall comply with the provisions of the silviculture section of The Kentucky Agriculture Water Quality Plan, Best Management Practices, required by KRS 224.71-110 and 224.71-120.

History

• RELATES TO: KRS 149.330, 149.332, 149.334, 149.344, 149.346, 149.348, 149.350, 149.355, 224.10-100, 224.71-110, 224.71-120
• STATUTORY AUTHORITY: KRS 149.330, 149.344
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.334(5) authorizes the cabinet to promulgate administrative regulations relating to the Kentucky Forest Conservation Act, KRS 149.330 to 149.355. KRS 149.344 requires that any logger or operator engaged in the conduct of any timber harvesting operations use appropriate best management practices. This administrative regulation establishes the best management practices for timber harvesting operations as developed by the Division of Forestry and approved by the Agriculture Water Quality Authority.
• History: 25 Ky.R. 1761; eff. 5-19-1999; 27 Ky.R. 3154; 28 Ky.R. 79; eff. 7-16-2001; 41 Ky.R. 2621; eff. 9-3-2015; 44 Ky.R. 579; eff. 11-2-2017; Crt eff. 7-3-2018; Crt eff. 6-17-2025.

402 KAR 3:040 Removal of bad actor designation {#sec-402-kar-3-040 omnilex-key=us-ky-regs-official--title-402--402 KAR 3:040}

Section 1. Request and Agreement.

(1) A logger or operator designated as a bad actor under KRS 149.344(8), who has complied with the terms of the secretary's orders or agreed orders, has completed corrective actions on all sites with violations, and has paid all monetary penalties imposed by the cabinet or the court, may request to have his bad actor designations removed.

(2) The bad actor shall submit to the Division of Forestry a written request to have each bad actor designation removed.

(3) The bad actor shall enter into a written agreement with the division in which he shall:

(a) Affirm that he meets the requirements of subsection (1) of this section;

(b) Agree to a two (2) year period of review, during which time he shall give prior notice to the appropriate regional office or offices of the division of all timber harvesting operations on which he is the primary contractor or master logger in charge of operation, and agree that the division shall track and inspect the timber harvesting operations as it deems necessary;

(c) Agree that the written agreement and the two (2) year period of review shall be terminated if, during the review period, he is issued a notice of violation as the primary contractor, or is actively involved as a subcontractor or master logger on the site of a timber harvesting operation that receives a notice of violation; and

(d) Affirm that he understands that the designation shall be removed if the division determines that he meets the requirements of Section 3(1) of this administrative regulation regarding his compliance with orders, corrective actions on all sites with violations, payment of monetary penalties, prior notification of timber harvesting operations, and demonstration of adherence to implementing best management practices during the review period.

Section 2. Review Period.

(1) The division shall notify the bad actor in writing of the beginning date and anticipated ending date of the two (2) year period of review.

(2) The division shall conduct a two (2) year period of review during which the division:

(a) Shall track all timber harvesting jobs in which the bad actor is engaged that are applicable to the review process; and

(b) May inspect all the commercial timber harvesting operations that the bad actor conducts.

(3) During the two (2) year period of review, the bad actor shall provide prior notice to the appropriate regional office or offices of the division of all timber harvesting operations on which he is the primary contractor or master logger in charge.

(a) Notification shall be made by letter, facsimile, email, telephone conversation, or in person, to the appropriate regional office. A message left on an answering machine or voice mail service shall not constitute valid notification.

(b) In the notification the bad actor shall identify the anticipated dates of harvest and the location of the timber harvesting site in sufficient detail to enable the division to locate the site in the field. The location shall be identified in at least one of the following ways:

1. Provide the name of the landowner, the county, and the latitude and longitude of the site to the nearest one-tenth (1/10) of a minute or the UTM (Universal Transverse Mercator) coordinates to the nearest 100 meters;

2. Provide the name of the landowner, the county, and a USGS (United States Geological Survey) 7.5 minute topographic quadrangle map or reproduction thereof, marked to show the name of the quadrangle map, the map scale, the north arrow, and the exact location of the site; or 3. Provide the name of the landowner, the county, the nearest named community and the approximate distance and direction from the community to the site, the name and number of the nearest highway or street, and a description of how to reach the site from the nearest road intersection or other appropriate landmark.

(4) During the two (2) year period of review, if the bad actor is issued a Notice of Violation or is actively involved with any site that is issued a Notice of Violation, or fails to give prior notice of the location of his logging operation in accordance with subsection (3) of this section, the written agreement and review process shall be terminated and the bad actor designation shall be retained.

Section 3. Removal of Designation.

(1) At the end of the two (2) year period of review, the division shall remove the bad actor designation if it determines that the bad actor:

(a) Has provided prior notification of all timber harvesting operations in accordance with Section 2(3) of this administrative regulation;

(b) Has demonstrated adherence to implementing best management practices on timber harvesting operations conducted during the two (2) year period of review; and

(c) Is in compliance with the requirements established in Section 1(1) of this administrative regulation.

(2) If the bad actor designation is removed pursuant to subsection (1) of this section, the division shall:

(a) Notify the logger or operator in writing that the designation has been removed; and

(b) Make information available to the public which shows that the designation has been removed.

Section 4. Designation Not Removed.

(1) If the written agreement and review period are terminated pursuant to Section 2(4) of this administrative regulation or if the review period is completed but the division is unable to remove the designation pursuant to Section 3(1) of this administrative regulation, the division shall notify the bad actor in writing and shall inform the bad actor that he may begin the review process again in accordance with Section 1(1) of this administrative regulation.

(2) If a bad actor is unsuccessful in having the designation removed in three (3) consecutive review periods, the designation shall become permanent.

Section 5. Removal of Second Designation.

(1) If a bad actor successfully completes the review process and the bad actor designation is removed, and based upon subsequent timber harvesting operations the operator then is designated a bad actor for a second time, he may seek to have the second designation removed in accordance with Section 1(1) of this administrative regulation.

(2) If the bad actor is unsuccessful in having the second designation removed in two (2) consecutive review periods, the designation shall become permanent.

Section 6. Third Designation. If a logger or operator is designated a bad actor for a third time, the designation shall become permanent.

History

• RELATES TO: KRS 149.330, 149.344, 149.346, 149.348
• STATUTORY AUTHORITY: KRS 149.334(5), 149.344(9)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.344(9) authorizes the cabinet to promulgate administrative regulations to establish rules and procedures to remove the bad actor designation from a logger or operator that was previously designated a bad actor under KRS 149.344(8). This administrative regulation establishes the requirements for removal of a bad actor designation.
• History: 402 KAR 003; 040. 32 Ky.R. 1349; 1889; eff. 5-5-2006; TAm eff. 5-12-2015; Crt eff. 7-3-2018; Crt eff. 6-17-2025.

402 KAR 3:050 Bad actor notice provisions {#sec-402-kar-3-050 omnilex-key=us-ky-regs-official--title-402--402 KAR 3:050}

Section 1. Notice Required.

(1) Pursuant to KRS 149.344(11)(a), a bad actor who has received one (1) or more bad actor designations pursuant to KRS 149.344(8) shall notify the Division of Forestry prior to conducting logging operations.

(2) The bad actor shall continue to notify the division until all civil penalties have been paid and all site remediation required by the division has been performed.

Section 2.

(1)

(a) Bad actor notification shall be made by letter, facsimile, email, telephone conversation, or in person to the appropriate Division of Forestry regional office covering the county where the harvest shall occur.

(b) A message left on an answering machine or voice mail service shall not constitute valid notification.

(2) In the notification, the bad actor shall identify the anticipated date of harvest and the location of the timber harvesting site in sufficient detail to enable the division to locate the site in the field. The location shall be identified by:

(a) The name of the landowner;

(b) The county; and

(c) One (1) of the following methods:

1. Latitude and longitude of the site to the nearest one-tenth (1/10) of a minute or the UTM (Universal Transverse Mercator) coordinates to the nearest 100 meters;

2. USGS (United States Geological Survey) 7.5-minute topographic quadrangle map or reproduction thereof, marked to show the name of the quadrangle map, the map scale, the north arrow, and the exact location of the site; or

3. The nearest named community and the approximate distance and direction from the community to the site, the name and number of the nearest highway or street, and a description of how to reach the site from the nearest road intersection or other appropriate landmark.

History

• RELATES TO: KRS 149.330, 149.332, 149.344, 149.346, 149.348
• STATUTORY AUTHORITY: KRS 149.344
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.344 requires the cabinet to establish notification requirements for loggers or operators who have received one (1) or more bad actor designations. This administrative regulation establishes the methods and requirements for bad actors to notify the Division of Forestry before beginning timber harvest operations.
• History: 402 KAR 003:050. 41 Ky.R. 2694; 42 Ky.R. 282; 1153; 1444; eff. 9-3-2015; Crt eff. 7-3-2018; Crt eff. 6-17-2025.