Current through all regulations passed and filed through September 16, 2024
(A)
Any person who
owns, operates, or is responsible for a silvicultural operation may develop and
operate under a timber harvest plan developed or approved by the chief, the
chief's designee, or the board of supervisors of the applicable district. The
district shall approve or disapprove timber harvest plans and shall maintain a
record of their actions. Plans may also be submitted by the owner or operator
to the chief for approval. All plans shall be developed using a timber harvest
plan form approved by the chief and meet the standards for forestry pollution
abatement contained in rules
1501:3-12-02
to
1501:3-12-08 of
the Administrative Code. Any portion of a timber harvest plan specifying
control of forestry pollution shall allow the owner or operator to phase in
installation of best management practices under a schedule approved by the
chief or the chief's designee until compliance with rules
1501:3-12-02
to
1501:3-12-08 of
the Administrative Code is accomplished.
(1)
If the chief or
the chief's designee determines that any person owning or responsible for a
silvicultural operation is managing such operation in accordance with a timber
harvest plan currently approved by the chief or the chief's designee, the
person shall be considered in compliance with the state rules for forestry
pollution abatement. In a private civil action for nuisances involving forestry
pollution, it is an affirmative defense if the person owning, operating, or
otherwise responsible for silvicultural operations is operating under and in
substantial compliance with an approved timber harvest plan.
(2)
In the event that
the district finds that a timber harvest plan does not meet forestry pollution
abatement standards as contained in these rules, the district shall provide a
written explanation, by certified mail, listing all the deficiencies to be
corrected, to the person who submitted the plan. Any person may appeal the
district's decision to the chief. Upon such appeal, the chief shall review the
plan for compliance with those standards, and uphold the district's action or
reverse it. If the chief reverses the district's action the plan shall be
deemed approved. In either case, the chief shall make such determination within
thirty days of receiving the appeal and shall inform the owner or operator and
the district of his decision in writing. Such notification shall include the
reasons for the chief's decision.
(3)
In the event that
any person operating or owning a silvicultural operation in accordance with an
approved timber harvest plan who, in good faith, is following that plan, causes
forestry pollution, the plan shall be revised in a manner necessary to mitigate
the forestry pollution, as determined and approved by the district board or
chief.
(4)
In the event that the district board determines that it
lacks staff or expertise to adequately review a timber harvest plan, the
district board of supervisors may submit such a plan to the chief for review
and approval or disapproval.
