A coversation with the Sheriff

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Nah, quit cutting wood early summer, have about 3 year's worth in the shed and have run out of places to put it.. LOL

I cut most of it at night out of the city park. Amazing how quiet a chainsaw can be if you just route the exhaust to a bucket of water. :greenchainsaw:

Ian

So much for your muf mod! :greenchainsaw: :spam:
 
I never worked the federal forest patrol contracts so I never had to sit through the classes about enforcing forest products transport laws. I hear those classes are a real yawner BTW.

We got a rough outline of forest product laws in academy and the Sgt. teaching the class basically said "Here are some laws if you need em' but use your common sense and if some guy is just getting wood to heat his house we don't care."

Now having said all of that here is one ORS that I remember, there may be more...

There are similar laws for hay, marine products and species, metal, and many other rather common items.

UNLAWFUL TRANSPORT



164.813 Unlawful cutting and transport of special forest products. (1) It is unlawful for any person to cut or split wood into special forest products or to harvest or remove special forest products from a place unless the person has in possession a written permit to do so from the owner of the land from which the wood is cut or the products taken. The written permit required under this subsection must set forth:

(a) The date of the permit;

(b) The name, address, telephone number and signature of the person granting the permit;

(c) The name, address and telephone number of the person to whom the permit is granted;

(d) The amount and kind of wood, by species, to be cut or split or the amount and kind of special forest products to be taken;

(e) A description of the premises from which the wood is to be cut or the products taken. The description may be by legal description, tax account number or other description clearly identifying the premises; and

(f) The date of expiration of the permit.

(2) It is unlawful for a person to transport special forest products without possessing a permit as described in subsection (1) of this section or a document of sale showing title thereto. A document of sale must be signed by the landowner, seller or donor, and must set forth:

(a) The date of the document;

(b) The name, address and telephone number of the seller or donor of the products;

(c) The name, address and telephone number of the purchaser or donee;

(d) The amount and kind of products sold, by species; and

(e) A description of the premises from which the special forest products were taken. The description may be by legal description, tax account number or other description clearly identifying the premises, or by street address in the event of purchase from a woodlot or fuel dealer or dealer in other special forest products.

(3) Any person who engages in the purchase or other acquisition of special forest products for resale, other than special forest products acquired from property owned by that person, shall keep records of such purchases or acquisitions for a period of one year from the date of purchase or acquisition. The records shall be made available to any peace officer upon request and shall reveal:

(a) The date of purchase or acquisition;

(b) The name, address, telephone number and signature of the person from whom the special forest products were obtained and the date they were obtained;

(c) The license number of any vehicle used to deliver the special forest products to the dealer for resale;

(d) The quantity of special forest products purchased or acquired; and

(e) The name and address of the landowner from whose land the special forest product was harvested.

(4) Any permit for the removal of special forest products from public lands issued by the United States Forest Service or the Bureau of Land Management is sufficient for the purposes of subsections (1) and (2) of this section, regardless of whether the permit conforms to the specific requirements as to content set forth in subsections (1) and (2) of this section.

(5) Subsections (1) and (2) of this section do not apply to:

(a) The cutting or transportation of wild edible mushrooms occupying a volume at harvest of one gallon or less;

(b) The cutting or transportation of special forest products, as defined in subsection (6)(b)(D), (F) and (H) of this section, having a total volume of less than 27 cubic feet;

(c) The cutting or transportation of special forest products, other than those specified in paragraphs (a) and (b) of this subsection, having a total volume of less than 12 cubic feet;

(d) The cutting or transportation of coniferous trees that are subject to the provisions of ORS 164.825;

(e) The cutting or transportation of special forest products by the owner of the land from which they were taken or by the owner’s agent; or

(f) The transportation of special forest products by a common carrier or contract carrier.

(6) As used in this section:

(a) “Harvest” means to separate by cutting, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from:

(A) Its physical connection or point of contact with the ground or vegetation upon which it was growing; or

(B) The place or position where it lay.

(b) “Special forest products” means:

(A) Bear grass (Xerophyllum tenas), boughs, branches, ferns and other forest plant parts used in floral arrangements and decorations;

(B) The bark and needles of the Pacific yew (Taxus brevifolia);

(C) Cascara bark from the cascara tree (Rhamnus purshiana);

(D) Cedar salvage including cedar chunks, slabs, stumps and logs that are more than one cubic foot in volume;

(E) Cut or picked evergreen foliage and shrubs including, but not limited to, ferns, huckleberry, Oregon grape, rhododendron and salal;

(F) Firewood;

(G) Native ornamental trees and shrubs, including trees and shrubs that are not nursery grown and that have been removed from the ground with the roots intact;

(H) Round or split posts, poles, pickets, stakes or rails, shakeboards, shake-bolts, shingle bolts or other round or split products of any forest tree species; and

(I) Wild edible mushrooms that have not been cultivated or propagated by artificial means.

(c) “Special forest products” does not mean mill ends, driftwood and artificially fabricated fireplace logs.

(d) “Transportation” means the physical conveyance of special forest products away from a harvest site and includes, but is not limited to, transportation in or on:

(A) A motor vehicle designed for use on improved roadways;

(B) A boat, barge, raft or other water vessel; or

(C) An airplane, helicopter, balloon or other aircraft.

(7) Subsection (3) of this section does not apply to a person who purchases cedar products that are special forest products and who complies with the record keeping requirements of ORS 165.109.

(8) Violation of any provision of subsections (1) to (3) of this section is a Class B misdemeanor. [1981 c.645 §2; 1989 c.368 §1; 1993 c.167 §1; 1995 c.75 §1]



164.814 State Forester required to develop forms for special forest products. No later than three months after September 9, 1995, the State Forester shall develop a typical form for the permit and document of sale required by ORS 164.813 and for the records required by ORS 164.813 (3). The State Forester shall make copies of the forms available. Use of the forms is not required. [1995 c.75 §2]
 
The laws continue...

Note that landowners are exempt, but you may have to go to court to prove you are the landowner.


164.825 Cutting and transport of coniferous trees without permit or bill of sale. (1) It is unlawful for any person to cut more than five coniferous trees unless the person has in possession written permission to do so from the owner of the land from which the trees are cut. The written permit required under this subsection must set forth:

(a) The date of the permit;

(b) The name, address, telephone number and signature of the person granting the permit;

(c) The name, address and telephone number of the person to whom the permit is granted;

(d) The number of trees, by species, to be cut;

(e) A description of the premises from which the trees are to be cut. The description may be by legal description or tax account number; and

(f) The date of expiration of the permit.

(2) It is unlawful for any person to transport over the highways of this state more than five coniferous trees without possessing a cutting permit as described in subsection (1) of this section or a document of title showing title thereto. A document of sale must be signed by the landowner, seller or donor, and shall set forth:

(a) The date of the document;

(b) The name, address and telephone number of the seller or donor of the trees;

(c) The name, address and telephone number of the purchaser or donee of the trees;

(d) The number of trees, by species, sold or transferred by the permit or document of sale; and

(e) A description of the premises from which the trees were taken. The description may be by legal description, tax account number or other description clearly identifying the premises.

(3) The provisions of subsections (1) and (2) of this section do not apply to:

(a) The transportation of trees in the course of transplantation, with their roots intact.

(b) The cutting or transportation of coniferous trees by the owner of the land from which they were taken or by the owner’s agent.

(c) The transportation of coniferous trees by a common carrier or contract carrier.

(4) Violation of the provisions of subsection (1) or (2) of this section is a Class B misdemeanor. [1971 c.743 §295; 1981 c.645 §6]



164.828 Ownership as affirmative defense under ORS 164.813 and 164.825. It is an affirmative defense to any charge under ORS 164.813 or 164.825 that the defendant is in fact the owner of the trees or special forest products cut or transported. [1981 c.645 §7; 1993 c.167 §2]



Note: 164.828 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.



164.830 [Repealed by 1971 c.743 §432]



164.835 Investigation to prevent violations of ORS 164.813 and 164.825. (1) All peace officers shall note and investigate the cutting and transportation of coniferous trees and special forest products as defined in ORS 164.813 for the purpose of preventing violations of ORS 164.813 and 164.825.

(2) Justice courts and circuit courts have concurrent jurisdiction of violations of ORS 164.813 and 164.825. [1971 c.743 §296; 1981 c.645 §3; 1993 c.167 §3]



164.840 [Repealed by 1971 c.743 §432]



164.845 Arrest, summons for cutting or transport of trees or special forest products; effect of failure to appear. (1) Whenever any peace officer has reasonable cause to believe that a person is cutting or transporting trees or special forest products in violation of ORS 164.813 (1) or (2) or 164.825, the peace officer may arrest the person without a warrant and take the person before any court having jurisdiction of the offense. The court shall proceed without delay to hear, try and determine the matter and enter judgment according to the allegations and proofs.

(2) The peace officer making the arrest, if not immediately taking the person arrested into custody, may issue a summons to the person. The summons shall direct the person to appear at the court named in the summons to answer a complaint to be filed therewith. The violation shall be noted on the summons, which shall be dated and signed by the peace officer.

(3) Any person to whom a summons is issued under this section who fails to appear at the time and place specified therein commits a Class B misdemeanor. [1971 c.743 §297; 1981 c.645 §4; 1993 c.167 §4]



164.850 [Repealed by 1971 c.743 §432]



164.855 Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825. (1) Whenever any peace officer has reasonable cause for believing that a person is cutting or transporting trees or special forest products in violation of ORS 164.813 (1) or (2) or 164.825, the peace officer may, at the time of making the arrest or issuing the summons, under ORS 164.845, seize and take possession of the trees or special forest products. The peace officer shall hold the trees or special forest products subject to the order of the court before which the arrested person is ordered to appear. If the owner of the trees or special forest products appears before the court within 48 hours after the seizure thereof and presents satisfactory evidence of ownership, the court shall order the peace officer to deliver the trees or special forest products to the owner. If the owner does not appear within the 48-hour period and prove ownership of the trees or special forest products, the court may direct the peace officer to sell the trees or special forest products in any manner and for any price that appears to the court to be warranted. If the trees or special forest products have no value, the court may direct the officer to destroy them in any manner practicable. The proceeds of the sale, less the reasonable expenses thereof, shall be paid to the treasurer of the county in which the trees or special forest products are sold. At any time within one year after the seizure of the trees or special forest products the owner thereof may appear before the court, and, upon presentation of satisfactory evidence of ownership, the court shall direct the treasurer of the county to pay the proceeds to the owner. If the owner does not appear within one year from the seizure of the trees or special forest products and prove a right to the proceeds, the proceeds shall thereafter belong to the county, and may be disposed of as the county court may direct.

(2) The return of the trees or special forest products or the payment of the proceeds shall not preclude the court from imposing any fine or penalty for any violation of ORS 164.825 to 164.855. [1971 c.743 §298; 1981 c.645 §5; 1993 c.167 §5]
 
Here is the link I pulled the ORS's from.


http://www.leg.state.or.us/ors/164.html


It really is pretty simple to comply. More and more officers are becoming aware of these laws and starting to misuse them IMO. The laws exist to protect private and public owned forest products and to give law enforcment the tools to bring about justice when real thefts had occured.

There are a new breed of cops coming down the line that are little gustopos that have very little common sense and they live to write the maximum $$$$ they can in tickets. They are loved by governments because they bring in revenue. The problem is that it is basically a lottery tax where just by going about your daily business you run the risk of having to pay a little extra that day.

It is wrong. But the trucking industry bent over and let them do it at all the weigh stations and now the state is looking for ways to do it everywhere else.

Sorry to rant a little, but I spent many years in law enforcement and political office and I don't like how it is being run today at all. The crooks and lawyers (sorry to repeat myself like that) are taking over everything and throwing common sense out the window.


Mr. HE:cool:
 
Here is the link I pulled the ORS's from.


http://www.leg.state.or.us/ors/164.html


It really is pretty simple to comply. More and more officers are becoming aware of these laws and starting to misuse them IMO. The laws exist to protect private and public owned forest products and to give law enforcment the tools to bring about justice when real thefts had occured.

There are a new breed of cops coming down the line that are little gustopos that have very little common sense and they live to write the maximum $$$$ they can in tickets. They are loved by governments because they bring in revenue. The problem is that it is basically a lottery tax where just by going about your daily business you run the risk of having to pay a little extra that day.

It is wrong. But the trucking industry bent over and let them do it at all the weigh stations and now the state is looking for ways to do it everywhere else.

Sorry to rant a little, but I spent many years in law enforcement and political office and I don't like how it is being run today at all. The crooks and lawyers (sorry to repeat myself like that) are taking over everything and throwing common sense out the window.


Mr. HE:cool:

I suspect you are close to the truth on the local cops generating a little random revenue, but consider that popping outstanding warrants generates more $$.

In order to initiate contact(Stop) a valid and documented reason is needed.
Tail light out, crossing the fog line, obscured lisc. plate, etc.
The Log check is just another justification for contact when trolling for defectives with warrants.

With the increase in tweakers, meth labs and grower operations out that way, it should be good fishing.

Cut the local cops some slack. They ain't all JBT's.;)

Stay safe!
Dingeryote
 
Sheesh this is one Kalfornian you wont have to worry about moving to Oregon. Our cops are too busy putting CRIMINALS in jail to track down who sold who a load of "forest firewood products". What a joke.
 
Wow does dat make us wood leggers? never thought I would see the day wood was a controlled substance! Anyway never had a permit and likely never will:monkey:
 
Interesting thread.

I'm going up to get a couple of loads of beetle-kill pine this weekend (from private land) and haul it out through a national forest. Out of curiosity I called the Forest Service to see if they were going to pull me over for hiding a meth lab underneath the firewood. A:meth lab OK, but we're going to throw you in the hoosegow for carrying wood of indeterminate parentage.

Kidding aside, they stated that if they did pull me over, all they wanted to see was a signed letter from the private landowner authorizing me to take the wood. If I get pulled over we'll see how picky they are on formatting and font selection. :)
 
I suspect you are close to the truth on the local cops generating a little random revenue, but consider that popping outstanding warrants generates more $$.

In order to initiate contact(Stop) a valid and documented reason is needed.
Tail light out, crossing the fog line, obscured lisc. plate, etc.
The Log check is just another justification for contact when trolling for defectives with warrants.

With the increase in tweakers, meth labs and grower operations out that way, it should be good fishing.

Cut the local cops some slack. They ain't all JBT's.;)

Stay safe!
Dingeryote



Local cops are ok and the older ones are usually great. My problem is with the new young cops that are thinking like revenue agents. All the ones I trained had that trained right out of them, but I watched others with small agencies solo with that mindset. They'll learn in time I guess.

As far as labs and growers it is a huge problem and would keep twice the number of cops busy. The mexican cartels are making a huge power play along the West Coast. They regularly kill people over payment and territory desputes. They bail people out of jail just so they can kill them; usually so they don't talk and name names in court.



Mr. HE:cool:
 
Sheesh this is one Kalfornian you wont have to worry about moving to Oregon. Our cops are too busy putting CRIMINALS in jail to track down who sold who a load of "forest firewood products". What a joke.



California has basically the exact same laws and they have people to enforce them. I know of two tree services in the bay area that had to show contracts in court to get citations dismissed. One of them then had to pay a fine because they failed to get a city permit to cut down the tree.




Mr. HE:cool:
 
Yes in Oregon you need to write yourself a permit even if you are transporting firewood from your property across the street to your other property!

Here are the laws...

For full requirements to cut and transport wood, see Oregon Revised Statutes, available at many libraries or online here...
http://www.leg.state.or.us/ors

164.813 Unlawful cutting and transport of special forest products.
164.825 Cutting and transport of coniferous trees without permit or bill of sale.
164.845 Arrest, summons for cutting or transport of trees or special forest products; effect of failure to appear.
164.855 Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825.

Note: Various laws pertain to the transportation of; hay, bear grass, boughs, branches, ferns, bark and needles of the Pacific yew, Cascara bark, Cedar salvage, evergreen foliage and shrubs, ornamental trees and shrubs, round or split posts, poles, pickets, stakes or rails, shake boards, shake-bolts, shingle bolts, mushrooms, and forest plant parts used in floral arrangements and decorations.
 
Here is the basic information you need on your permit. Attached is a Microsoft Word document form with all this formatted...

Wood (and firewood) Transportation Permit



[Please print] Date issued:__________________________ Date

Expires:_________________________

Description of wood (mixed, fir, maple, oak,

etc.):_____________________________________________

Amount of wood being transported:___________________ License plate of

vehicle:__________________


Contact information of person granting permit:

Name:__________________________________________________________

___________________


Address:________________________________________________________

___________________

City:_____________________________ State:____________

Area code and phone

number:__________________________________________________________


Location wood from:

Address or legal

description:__________________________________________________

City:_____________________________ State:____________



Location wood being transported to:

Address or legal

description:__________________________________________________

City:_____________________________ State:____________


Contact information of person transporting wood:

Name:__________________________________________________________

___________________

Address:__________________________________________________________

_________________

City:_____________________________ State:____________

Area code and phone number:__________________________



_________________________________
Signature of person granting permit


_________________________________
Signature of person transporting wood
 
Well, here in this wild part of the mid-east if you get caught transporting wood w/out permit you are in deep deep manure... :)!

What do you mean you can't transport? We can't cut without permits. If you have the permit to cut you have the permit to transport. no?
 
P.S. On that form above, I am always the person transporting, so I have my own forms with all my information already typed in. So I just need to fill in the "wood from" lines and have that person sign it.

But if you are selling wood, then you could type in your information in the "wood from" lines and leave the other blank, then print off those forms.

Also if you have a Forest Service permit or BLM permit, then that is all the paperwork you need to transport. (Except for the tag you need to place on the wood itself if required).
 
I sold a pickup load of firewood this morning. The sheriff pulled him over and then called to verify that he got the wood from me. He then proceeded to read me the riot act for not giving the guy a permit. So now I know a permit is required to transport firewood products.

The question I have is whether I have to write myself a permit to transport my own firewood?

Big brother is watching.:confused:

we now have that here in NYS. you must fill out and carry a "permit" when hauling logs or firewood. they have it available on-line. i made several copies to have on hand just in case.

you never know when you get a cop who wants to break your balls and i'll be damned if i'm going to pay a $1000 fine when they drain me of enough tax dollars already.
 
So, because they are doing the job we pay them to do, in enforcing the laws that are passed by the people we elect, they are douche bags?

How's that work? In a grown-up, non-spoiled-brat kind of world, I mean.

Kiss my rosy red ash.

It smacks of 1940s German occupied Europe: Show me ZEE papers....old man....must I call ZEE SS?

I would not live where I had to walk on eggshells.
Gotta have a PERMIT to have wood in the truck? I about imagine.
 
Here is the basic information you need on your permit. Attached is a Microsoft Word document form with all this formatted...

Wood (and firewood) Transportation Permit



[Please print] Date issued:__________________________ Date

Expires:_________________________

Description of wood (mixed, fir, maple, oak,

etc.):_____________________________________________

Amount of wood being transported:___________________ License plate of

vehicle:__________________


Contact information of person granting permit:

Name:__________________________________________________________

___________________


Address:________________________________________________________

___________________

City:_____________________________ State:____________

Area code and phone

number:__________________________________________________________


Location wood from:

Address or legal

description:__________________________________________________

City:_____________________________ State:____________



Location wood being transported to:

Address or legal

description:__________________________________________________

City:_____________________________ State:____________


Contact information of person transporting wood:

Name:__________________________________________________________

___________________

Address:__________________________________________________________

_________________

City:_____________________________ State:____________

Area code and phone number:__________________________



_________________________________
Signature of person granting permit


_________________________________
Signature of person transporting wood

All it's missing is 2 questions...

"Are you of ethnic decent?"

"Who did you vote for in the last election?"
 
Kiss my rosy red ash.

It smacks of 1940s German occupied Europe: Show me ZEE papers....old man....must I call ZEE SS?

I would not live where I had to walk on eggshells.
Gotta have a PERMIT to have wood in the truck? I about imagine.

Yup; if they were doing the jobs they were elected to do and enforcing the laws they wrote,we would not have 20 million illegals taking our jobs!
 
I'm afraid that unless you have lived here, you don't understand. Cedar thieving can be a problem, I suspect there are easier things to steal now. We have folks digging up newly planted clearcut blocks, then selling the stolen trees to landscapers. We have the music wood theft. We've had logs stolen.

Forests grow well here, and those items can bring in a hefty price. Not to mention that the landowner was going to sell the musicwood and then found it gone.

Mushrooms are worth $$$ too. I know one guy who made $600 one day picking them legally. Salal and beargrass are other items that get stolen.
You name it, it can bring in the dollars. And it gets stolen from the woods.

Around here, that's mostly off the federal land. That's money that could go into the treasury. I believe we sell at least a million dollars a year in permits here. Just in this location. That's quite an industry. And that is just to the pickers. They turn around and sell their stuff to another business.

I guess I should take a picture of the mushroom buyer tents that are now up and will be until it gets too cold. There's a whole group of migrants who do nothing but pick mushrooms, berries and whatever up and down the coast.

It has nothing to do with being liberal or conservative. It has everything to do with there being a problem with folks stealing or taking advantage of the system.
 

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