Home > State Info > Innovative Legislation > Forestry in State Parks

ISSUE: FORESTRY IN STATE PARKS

Introduction

The 13 million acres of state park lands nationwide are an invaluable public trust that was used by a total of 730 million people in 2001.(1) With such a high volume of visitation, state park managers sometimes have their hands full when it comes to maintaining healthy ecosystems within their park borders. Forests on state park lands can present especially daunting challenges. Large, destructive forest fires in the West during recent years have focused concern on fire suppression practices on government-owned lands. President Bush’s “Healthy Forests” initiative addresses this issue by increasing allowable forest thinning. Some accuse the President of putting forest industry profit over ecosystem health, but the long-term impact of this policy has yet to be seen.

Based on the responses of state park and state forestry officials, most states do not directly address tree removal in state parks legislatively. Instead, the policy is set by the state forestry service, or equivalent, and actions are often taken at the discretion of individual state park managers. Many state park or state forestry service policies explicitly prohibit logging for commercial profit within state parks. However, many states outsource tree removal to private industry, citing lack of state resources. California has a law that prevents commercial exploitation of natural resources on state park lands, with certain exceptions. New York has introduced a bill that would ban all commercial exploitation of state park lands. Some states have legislation that sets the tone and priorities for state park management and some forestry policies require a management plan for each tree removal project.

Generally, states allow tree removal from state parks if:

  • The tree is a safety hazard (to park visitors, buildings, etc.);
  • The tree is infested with an insect species that threatens forest health;
  • Removal is necessary for fire suppression purposes; or
  • Removal is part of a salvage operation.

Less noted reasons for tree removal cited by state service personnel include invasive species removal, or removals made upon recommendation by the state forest service.

The following summary is not a comprehensive list of all state actions addressing logging in state parks. It highlights various approaches to the issue by a few states. For further information, contact the State Environmental Resource Center.

State Actions

California
California Public Resources Code #5001.65 prohibits commercial exploitation of state park lands. Under the code, tree removal for profit is prohibited; however, slant, or directional drilling for oil or gas underneath certain park lands is allowed. The forestry department’s policy on tree removal is that each project must be justified on an individual basis. The parks department may remove trees in the most cost-efficient, least-damaging manner possible, so long as the reasons for removal are non-economic.

Minnesota
Minnesota General Law Section 86A declares that state parks must be managed in order to “preserve, perpetuate, and interpret natural features that existed in the area of the park prior to settlement and other significant natural, scenic, scientific, or historic features that are present. Management shall seek to maintain a balance among the plant and animal life of the park and to reestablish desirable plants and animals that were formerly indigenous to the park area but are now missing.” The Minnesota Department of Natural Resources Division of Parks and Recreation reflects this mandate in its State Park Forest Management policy. The policy is realistic because it recognizes that restoring certain parkland to presettlement status is implausible. The policy requires site-specific management goals based on the site’s history, current use, and relative ecological importance, promotes ecosystem-based management, and recommends forest management techniques, including the removal of invasive tree species.

New York
AB 820 (2004) would prevent commercial exploitation of natural resources, including trees, in state parks. The stated justification for the bill is that, while best forestry management practices are debatable, commercial exploitation within these parks would be a violation of the public trust.(2)

Oregon
In 1996, the Oregon Parks and Recreation Department (OPRD) had approximately 40,000 acres of undeveloped forest land inventoried. The main purpose of the study was to assess forest health and current stand conditions. Based on this inventory, the properties were placed into three risk categories:

  • Risk 1 – Active insect or disease infestation, or previously infested, and now a fire risk due to heavy fuel accumulations
  • Risk 2 – Forested stand is in general area of insect or disease infestation and at a high risk for infestation
  • Risk 3 – No recent evidence of insect or disease infestation, but treatments such as thinning would improve the resistance of the stand to insects, disease, and fire

OPRD developed annual goals for treating a percentage of each risk category, with Risk 1 trees or stands garnering the highest priority. All projects involve writing a management plan that discusses numerous topics including all of the property’s resources, threatened and endangered species issues, cultural resources, current stand conditions and desired future stand conditions, project objectives, and monitoring requirements.(4)

South Carolina
South Carolina has no law regulating logging within state parks. However, State Park Service policy prohibits tree removal from state parks for purely economic reasons. The park service’s forestry management goal is to “restore and maintain the forest environment as near as possible to traits, which would have been experienced by the early settlers and explorers in this state (c. 1670).” This goal is similar to Minnesota’s, which is legislatively mandated. Much of the timber removal within state parks is associated with the conversion of monoculture to more natural mixed forests appropriate to specific site conditions, such as topography and soil type.(5)

Sources:
(1) “State Park Facts.” National Association of State Park Directors. Updated 4 December 2003. 15 June 2004 <http://139.102.62.141/statistics.html>.
(2) See the bill summary. State of New York. New York State Assembly. “AN ACT to amend the parks, recreation and historic preservation law, in relation to protecting natural resources in state parks and historic sites.” 2003-2004 Regular Sessions, Assembly Bill No. 820. 8 January 2003. 15 June 2004 <http://assembly.state.ny.us/leg/?bn=A00820>.
(3) Bakken, Stephen, California State Park Forester. Personal communication. 23 April 2004.
(4) Gillette, Amy, Forestry Manager, Oregon Parks and Recreation Department. Personal communication. 22 April 2004.
(5) Foley, Mike, South Carolina State Park Service. Personal communication. 23 April 2004.

This page was last updated on June 15, 2004.

The SERC project has been discontinued due to lack of funding. We apologize, but it’s unlikely that we’ll be able to respond to requests for information about the material posted on this site.