The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 077: Trees and Plants

• § 3601. Definitions

  As used in this chapter:

  (1) “Diameter breast height” or “DBH” means the diameter of a standing tree at four and one-half feet from the ground.

  (2) “Harvest” means the cutting, felling, or removal of timber.

  (3) “Harvest unit” means the area of land from which timber will be harvested or the area of land on which timber stand improvement will occur.

  (4) “Harvester” means a person, firm, company, corporation, or other legal entity that harvests timber.

  (5) “Landowner” means the person, firm, company, corporation, or other legal entity that owns or controls the land or owns or controls the right to harvest timber on the land.

  (6) “Landowner’s agent” means a person, firm, company, corporation, or other legal entity representing the landowner in a timber sale, timber harvest, or land management.

  (7) “Stump diameter” means the diameter of a tree stump remaining after cutting, felling, or destruction.

  (8) “Forest products” means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, or bark.

  (9) “Timber” means:

  (A) trees of every size, nature, kind, and description; and

  (B) sprouts from which trees may grow, seedlings, saplings, bushes, or shrubs that have been planted or cultivated by a person who owns or controls the property where they are located. (Added 2009, No. 147 (Adj. Sess.), § 4; amended 2015, No. 106 (Adj. Sess.), § 1.)

• § 3602. Valuation of trees or timber

  Any person who is entitled to damages pursuant to section 3606 of this title or who is entitled to restitution for a violation of section 3606a of this title may provide an assessment of the value, based upon the kind, condition, location, and use of the timber cut down, destroyed, removed, injured, damaged, or carried away or, in the alternative, may assess the value of the timber as follows:

  (1) if a tree is no more than six inches in stump diameter or DBH, $50.00;

  (2) if a tree is more than six inches and not more than ten inches in stump diameter or DBH, $100.00;

  (3) if a tree is more than 10 inches and not more than 14 inches in stump diameter or DBH, $300.00;

  (4) if a tree is more than 14 inches and not more than 18 inches in stump diameter or DBH, $750.00;

  (5) if a tree is more than 18 inches and not more than 22 inches in stump diameter or DBH, $1,500.00;

  (6) if a tree is greater than 22 inches in stump diameter or DBH, $2,000.00;

  (7) for a bush or shrub, $50.00. (Added 2009, No. 147 (Adj. Sess.), § 4; amended 2015, No. 106 (Adj. Sess.), § 1.)

• § 3603. Marking harvest units

  As a best management practice, a landowner who authorizes timber harvesting or who in fact harvests timber should clearly and accurately mark the harvest unit with visible means. (Added 2009, No. 147 (Adj. Sess.), § 4; amended 2015, No. 106 (Adj. Sess.), § 1.)

• § 3604. Exemptions

  The cutting, felling, or destruction of a tree or the harvest of timber by the following shall not be subject to a civil action under section 3606 of this title or a criminal penalty under section 3606a of this title:

  (1) The Agency of Transportation, or its representatives, conducting vegetation management.

  (2) A municipality conducting brush removal subject to the requirements of 19 V.S.A. § 904.

  (3) A utility conducting vegetation management within the boundaries of the utility’s established right-of-way.

  (4) [Repealed.]

  (5) A railroad conducting vegetation management.

  (6) A licensed surveyor establishing boundaries between abutting parcels under 27 V.S.A. § 4. (Added 2009, No. 147 (Adj. Sess.), § 4; amended 2015, No. 106 (Adj. Sess.), § 1.)

• § 3605. Financial surety required for continued timber harvesting activities

  (a) Under one or more of the following circumstances, a person shall not engage in timber harvesting activities for compensation unless the person satisfies the conditions of subsection (b) of this section:

  (1) The person was convicted of a second or subsequent violation of timber trespass under section 3606a of this title.

  (2) The person is subject to two or more civil judgments under section 3606 of this title.

  (3) The person is subject to the financial surety requirements of subsection 2029(e) of this title for land improvement fraud.

  (4) The person was convicted of a combination of one or more violations of timber trespass and one or more occurrence of land improvement fraud.

  (b)(1) A person subject to prohibition under subsection (a) of this section may engage in timber harvesting activities for compensation if:

  (A) the work is for a company or individual engaged in timber harvesting activities and the company or individual has not previously committed a violation under this section; the person and the management of the company or the individual are not a family member, a household member, or a current or prior business associate; and the person first notifies the company or individual of the conviction or civil judgment and notifies the Office of the Attorney General of the person’s current address and telephone number; the name, address, and telephone number of the company or individual for whom the person is going to work; and the date on which the person will start working for the company or individual; or

  (B) the person notifies the Office of the Attorney General of the intent to engage in timber harvesting activities, has filed a surety bond or an irrevocable letter of credit with the Office in an amount of not less than $250,000.00, and pays on a regular basis all fees associated with maintaining such bond or letter of credit.

  (2) As used in this subsection:

  (A) “Business associate” means a person joined together with another person to achieve a common financial objective.

  (B) “Family member” means a spouse, child, sibling, parent, next of kin, domestic partner, or legal guardian of a person.

  (C) “Household member” means a person who, for any period of time, is living or has lived together, is sharing or has shared occupancy of a dwelling.

  (c) The Office of the Attorney General shall release the letter of credit at such time when:

  (1) any claims against the person relating to timber harvesting activities or land improvement fraud have been paid;

  (2) there are no pending actions or claims against the person from the person’s timber harvesting activities or land improvement fraud; and

  (3) the person has not been engaged in timber harvesting activities for at least six years and has signed an affidavit so attesting.

  (d) A person who violates subsection (b) of this section or subdivision 3606a(c)(1) of this title shall be imprisoned for not more than two years or fined not more than $1,000.00, or both. (Added 2023, No. 153 (Adj. Sess.), § 2, eff. July 1, 2024.)

• § 3606. Trespass; civil action

  (a) In addition to any other civil liability or criminal penalty allowed by law, if a person cuts down, fells, destroys, removes, injures, damages, or carries away any timber placed or growing for any use or purpose whatsoever, or forest products standing, lying, or growing belonging to another person, without permission from the owner of the timber or forest product, or cuts out, alters, or defaces the mark of a log or other valuable forest product, the party injured may recover of such person, in an action on this statute, treble damages for the value of the timber or forest product, and any damage caused to the land or improvements thereon as a result of such action. The injured party or landowner may rely on an assessment of damages based on the kind, condition, location, and use of the timber or forest product by the injured party or landowner, or alternatively, may elect to rely on the values established under section 3602 of this title.

  (b) If the defendant in an action brought pursuant to subsection (a) of this section establishes by a preponderance of the evidence that he or she had good reason to believe that the timber or forest products belonged to him or her, or that he or she had a legal right to perform the acts complained of, the plaintiff shall recover single damages only, with costs.

  (c) As used in this section, “damages” shall include any damage caused to the land or improvements thereon as a result of a person cutting, felling, destroying, removing, injuring, damaging, or carrying away timber or forest products without the permission of the owner of the property on which the timber stands. (Amended 1959, No. 61, eff. March 26, 1959; amended 2009, No. 147 (Adj. Sess.), § 5; 2015, No. 106 (Adj. Sess.), § 1.)

• § 3606a. Trespass; criminal penalty

  (a) No person shall knowingly or recklessly:

  (1) cut down, fell, destroy, remove, injure, damage, or carry away any timber or forest product placed or growing for any use or purpose whatsoever, or timber or forest product lying or growing belonging to another person, without permission from the owner of the timber or forest product; or

  (2) deface the mark of a log, forest product, or other valuable timber in a river or other place.

  (b) Any person who violates subsection (a) of this section shall:

  (1) for a first offense, be imprisoned not more than one year or fined not more than $20,000.00, or both; or

  (2) for a second or subsequent offense, be imprisoned not more than three years or fined not more than $50,000.00, or both.

  (c) Whenever a person is convicted of timber trespass under this section:

  (1) the person shall notify the Office of the Attorney General;

  (2) the court shall notify the Office of the Attorney General; and

  (3) the Office of the Attorney General shall place the person’s name on the Home Improvement and Land Improvement Fraud Registry and shall include on the Registry whether the person has notified the Office of Attorney General under subdivision 3605(b)(1)(B) of this title that they have filed a surety bond or an irrevocable letter of credit. (Added 2015, No. 106 (Adj. Sess.), § 1; amended 2023, No. 153 (Adj. Sess.), § 3, eff. July 1, 2024.)

• §§ 3607, 3608. Repealed. 1971, No. 222 (Adj. Sess.), § 7, eff. April 5, 1972.

• § 3609. Transportation of trees; evidence

  A person found transporting upon a public highway one or more pine, spruce, hemlock, cedar, or other evergreen trees, under such condition or circumstances as to reasonably justify any police officer or a person from whom trees of such type have been stolen, or his or her employees, to believe that such trees have been stolen or taken without the consent of the owner, such police officer, person, or his or her employees, or any of them, may stop the person transporting such trees and interrogate such person as to where and from whom he or she obtained such trees and ask such person to produce a bill of sale or a writing showing his or her rightful possession of such trees. If the person interrogated fails to produce a bill of sale or writing showing his or her rightful possession of such trees or refuses to answer such interrogations, or if his or her answers to such interrogations are false, it shall be prima facie evidence that such person has stolen such trees and upon conviction for such an offense he or she shall be imprisoned for not more than six months or fined not more than $300.00, or both. (Amended 1959, No. 199.)

• §§ 3610-3612. Repealed. 1971, No. 222 (Adj. Sess.), § 7, eff. April 5, 1972.

• §§ 3613, 3614. Repealed. 1971, No. 159 (Adj. Sess.), § 4, eff. March 9, 1972.