HomeMy WebLinkAboutLL-2025-No 6 -Timber Harvesting Regulations1 | P a g e
Town of Danby
Timber Harvest Local Law #6 of 2025
November 3, 2025
Section 1. Purpose
The purpose of this law is to protect the health, safety and welfare of the residents of the
Town of Danby by providing regulations governing logging operations within said town
so as to protect the roads and highways within the Town of Danby and to ensure that
such logging operations are conducted with due regard for environmental concerns. The
Town recognizes that the timber resource in the Town is a renewable resource of
significant value and may be harvested. The Town also recognizes that if the timber
harvesting practices are poorly carried out they can result in significant environmental
damage to the land and to adjacent lands, waters, and roads. Thus, an additional purpose
and goal of this local law is to encourage the use of professional forest management
expertise in the preparation, evaluation, and completion of timber harvests.
Section 2. Definitions
As used in this document, the following terms shall have the meanings indicated:
ToD – Town of Danby, Tompkins County, New York State
MBF – Thousand board feet of timber
ENFORCEMENT OFFICER – The Town of Danby official responsible for interpreting,
applying, and enforcing this local law
HARVESTING (LOGGING) – That process or processes which result in the felling of
trees for purposes of using the timber therefrom for construction purposes, firewood, and
any other uses to which such timber or logs would ordinarily be subjected. Included in
this definition is not only the process of cutting down trees, but all attendant processes in
making such timber usable for the purpose for which it is intended, including what is
commonly known as “skidding” by motorized or animal-driven means, including but not
limited to removal of limbs, cutting of logs to predetermined sizes, on-site splitting of
logs and the removal of logs from property by means of transport by any
method.
PERSON – Includes an individual, society, club, firm, partnership, corporation or
association of persons, and the singular number shall include the plural number.
Section 3. Applicability
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Any person harvesting more than 10 MBF (10 thousand board feet) of timber, 20 cords of
firewood, 40 tons pulpwood or combination thereof within a 12-month period and using
public roads within the ToD to transport these forest products is required to have a
Timber Harvest Permit per this local law.
Section 4. Exempt Activities
The following activities may be carried out without a permit:
1. The felling of trees that pose a hazard to roads, utilities or buildings or any other
harm and any cutting of trees ordinarily incidental to property maintenance or
landscaping work.
2. The cutting of less than 10 MBF of sawtimber, 20 cords of firewood, or 40 tons of
pulpwood or combination thereof per 12-month period.
3. The clearing of a building site as approved in an issued building permit.
4. Harvesting timber from land owned by the State of New York performed under
the supervision of the NYSDEC.
5. Timber Stand improvement, typically a non-commercial treatment to cut and leave
low quality and low vigor trees to improve spacing, growth, vigor and overall
forest health of remaining uncut trees.
6. Forestry activities by Woodland owners enrolled in the NY 480-a forest tax
abatement program.
7. Town residents who engage in logging activities as heretofore defined solely for
their own personal use and not for resale to third parties.
8. The harvesting of Christmas trees.
Section 5. Permit Required
The required permit shall include the following information:
1. Personnel involved in the Timbering Project
a. Owner - name(s), address, contact data, email, phones.
b. Harvester - name(s), address, contact data, email, phones.
c. Trucker(s) - name(s), address, contact data, email, phones.
d. Consultant forester (if any) name(s), address, contact data, email, phones.
2. Property address.
3. Book and page of deed for property and Tax Map number.
4. A site plan to scale, showing:
a. The boundaries of the property (or properties).
b. The access roads into the property (or properties).
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c. The area within which the logging operation will occur.
d. The location of the product loading area.
e. NYSDEC stream crossing(s).
5. Volume estimates by forest product.
6. Number of acres to be harvested.
7. Estimated harvesting dates and hours of operation.
8. Type of harvest e.g. marked with paint, diameter limit, logger’s choice, other
9. The name(s) of the town road(s) to be utilized by the applicant in transporting said
forest products.
10. Approved entry provisions for Tompkins County highways and/or NY State
highways when needed.
11. Other information as required on the permit application, as determined by the
Town of Danby.
12. Any other permits required.
The permit application form shall be signed by the property owner(s) and the harvester.
The harvester shall include with the permit application proof of current liability
insurance in the amount of $1,000,000 and keep it in force during the life of the harvesting
contract. The harvester shall include with the application proof of workers'
compensation and disability coverage or proof exemption thereof. The harvester will
obtain and utilize the current edition of the New York State Forestry BMP Field Guide
Voluntary Best Management Practices for Water Quality.
Section 6. Enforcement Officer
The Town of Danby Town Planner/Zoning Officer/Stormwater Management Officer is the
Enforcement Officer of this local law and shall have the authority to interpret, apply, and
enforce this local law.
Section 7. Permit Review
Permit application shall be reviewed and approved by the ToD Planner/Zoning
Officer/Stormwater Management Officer, in consultation with the ToD Highway
Superintendent, within 10 business days of submission to the ToD Town Clerk and
receipt of a fee in an amount set by resolution of the Danby Town Board.
Section 8. Requirements for Permit Implementation
1. Timber shall not be skidded across any highway nor shall log harvesting
equipment cross the highway as part of the logging operation if the Highway
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Superintendent determines that this action is unsafe or may cause extreme
highway damage.
2. All debris resulting from tree cutting along the highway and at the loading area
within 50 feet of the highway shall be removed by the applicant.
3. Entry from property onto ToD roads shall be approved by ToD Highway
Superintendent prior to installation/use.
4. The Town Highway Superintendent is hereby granted the power to order the
cessation of logging operations within the Town of Danby when weather
conditions are such that the utilization of town roads for purposes of a logging
operation may result in damages to said roads or the creation of a hazard to
residents utilizing said town roads.
5. The Town Highway Superintendent is further empowered to impose reasonable
restrictions as hereinafter set forth when a logging operation may result in the
creation of a hazardous condition to residents or damage to town roads, regardless
of weather conditions.
6. The Highway Superintendent may require the following of the logging operator
(harvester):
a. The erection of signs indicating truck entrance.
b. The installation of temporary culverts, at the entrance to a logging operation
which abuts a town road.
c. Off-street parking for all vehicles of those participating in the logging
operation.
d. Determining the distance of loading and storing of logs from the traveled
way of any Highway.
e. Placement of gravel, stone, mats, planking or other treatments of the entry
area onto public highways to minimize damage to ToD roads.
f. Such other conditions of operation may be imposed that, in the judgment of
the ToD Highway Superintendent, effectuate the provisions of this section.
Section 9. Appeals
In the event the permit is denied by the ToD Planner/Zoning Officer/Stormwater
Management Officer, the applicant may appeal the decision to the Town of Danby Board
of Zoning Appeals in writing within 30 days of the denial. The Board of Zoning Appeals
shall act on the appeal within 62 days of the written appeal request.
Section 10. Penalties for offenses
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1. Violations and appearance tickets; Penalties. Any noncompliance with or violation
of the requirements of this Local Law shall be a criminal offense classified as a
“violation,” and for purposes of this Local Law the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other warrants in
compliance with the New York Criminal Procedure Law and administrative codes
of the State of New York, as well as to hear and adjudicate allegations relating to
the criminal violation of this Local Law and thereafter, if appropriate, impose any
fine, penalty, or sanction. In addition to such other penalties as may be prescribed
by state law, any person or entity that violates, or fails to comply with, any
provision of this Local Law shall be guilty of a violation and subject to a criminal
fine of not more than $1500 nor less than $1000. If the offense is a second violation,
being one that occurs within five years of any prior conviction for violating or not
complying with this Local Law, then the fine shall be not more than $3,000 and not
less than $2,000. Each week that any noncompliance or violation continues is and
may be charged as a separate violation and, in addition to any other remedy, a
violation of or noncompliance with this Local Law may result in the termination,
modification, or revocation of any permits or approvals issued.
2. Injunctive relief; Remedies not Exclusive. Whenever the Town shall believe from
evidence satisfactory to it that there is a violation of, or noncompliance with, this
Local Law, the Town may bring an action to enjoin or restrain the threatened
breach, or continuation of, such violation or noncompliance. In any such
proceeding, the court may also declare the rights and interests of any parties, may
adjudicate any criminal violation allegations, and may impose any fines or award
any damages or other relief requested by the Town. In any action seeking
equitable relief or injunctions, including under Article 63 of the New York Civil
Practice Law and Rules, the Town shall not be required to post any bond or
undertaking, prove that there is or will likely be irreparable harm, or prove that
the Town has no adequate remedy at law. The application or pursuit of any civil or
criminal remedy under this Local Law shall not affect an election of remedies by
the Town, nor foreclose the pursuit of any other remedy or option. The rights and
enforcement provisions of this Local Law are in addition to, and not in limitation
of, any other rights or remedies the Town may have in law or equity.
Section 11. Partial invalidity
If any provision of this local law is found to be invalid by a court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law.
Section 12. Effective date
This local law shall take effect immediately.
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Resolution 263 of 2025 To Adopt Local Law #6 Timber Harvest Law as Amended
Moved by Gagnon Seconded by Connors
Gagnon modified the motion to have “ Hours of operation” replace “Time of operation”.
Vote:
Connors Yes
Hunter Yes
Stein Yes
Woodworth Yes
Gagnon Yes
Resolution 263 of 2025 passed on November 3, 2025
I, Mariah Dillon, do hereby certify that the above local law was passed at a meeting of the
Town of Danby Town Board held on November 3, 2025, is incorporated in the original
minutes of said meeting, and that said resolution to approve Local Law 6 of 2025 has not
been altered, amended, or revoked, and is in full force and effect.
E Mariah Dillon
Mariah Dillon, Town Clerk