The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 101: Foresters

• Subchapter 001: GENERAL PROVISIONS

• § 5201. Purpose and effect

  In order to implement State policy and safeguard the public welfare, a person shall not engage in the practice of forestry unless currently licensed under this chapter. (Added 2015, No. 166 (Adj. Sess.), § 2.)

• § 5202. Definitions

  As used in this chapter:

  (1) “Director” means the Director of the Office of Professional Regulation.

  (2) “Disciplinary action” means any action taken against a licensee for unprofessional conduct.

  (3) “Forester” means a person who is licensed to practice forestry under this chapter.

  (4)(A) “Forestry” means the science, art, and practice of creating, managing, using, and conserving forests and associated resources to meet desired goals, needs, and values, including timber management, wildlife management, biodiversity management, and watershed management. Forestry science consists of those biological, physical, quantitative, managerial, and social sciences that are applied to forest management. Forestry services include investigations, consultations, timber inventory, and appraisal, development of forest management plans, and responsible supervision of forest management or other forestry activities on public or private lands.

  (B) “Forestry” does not include services for the physical implementation of cutting, hauling, handling, or processing of forest products or for the physical implementation of silvicultural treatments and practices.

  (5) “License” means a current authorization granted by the Director permitting the practice of forestry pursuant to this chapter.

  (6) “SAF” means the Society of American Foresters. (Added 2015, No. 166 (Adj. Sess.), § 2.)

• § 5203. Prohibitions; offenses

  (a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:

  (1) sell or fraudulently obtain or furnish any forestry degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet in so doing;

  (2) practice forestry under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained, or signed or issued unlawfully or under fraudulent representation;

  (3) practice forestry unless licensed to do so under the provisions of this chapter;

  (4) represent himself or herself as being licensed in this State to practice forestry or use in connection with a name any words, letters, signs, or figures that imply that a person is a forester when not licensed under this chapter; or

  (5) practice forestry during the time a license issued under this chapter is suspended or revoked.

  (b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127.

  (c) When considering a violation of this chapter, the Director shall recognize that, in appropriate circumstances, loggers and log buyers may make investigations, consultations, timber inventories, and appraisals and may responsibly conduct harvesting activities on private land. (Added 2015, No. 166 (Adj. Sess.), § 2.)

• § 5204. Exemptions

  The following shall not require a license under this chapter:

  (1) An individual, college or university, family, family trust, or business from practicing forestry on his, her, or its own lands, provided that a business may only practice forestry on an aggregate of not more than 400 acres of its own lands.

  (2) The practice of any other occupation or profession by a person duly licensed or otherwise authorized under the laws of this State.

  (3)(A) An individual from carrying out forest practices when acting under the general supervision of a forester or acting as an expert consultant on work related to forestry, such as forest certification audits or the study of hydrology or wildlife biology.

  (B) As used in subdivision (A) of this subdivision (3), “general supervision” means the forester need not be on-site when the individual performs the work described in subdivision (A), but shall maintain continued involvement in and accept professional responsibility for that work.

  (4) Unlicensed professional activities within or relating to forests, if such activities do not involve the application of forestry principles or judgment and do not require forestry education, training, and experience to ensure competent performance. (Added 2015, No. 166 (Adj. Sess.), § 2.)

• Subchapter 002: ADMINISTRATION

• § 5211. Duties of the Director

  (a) The Director shall:

  (1) provide general information to applicants for licensure as foresters;

  (2) receive applications for licensure and provide licenses to applicants qualified under this chapter;

  (3) provide standards and approve education programs for applicants and for the benefit of foresters who are reentering practice following a lapse of five or more years;

  (4) administer fees as established by law;

  (5) refer all disciplinary matters to an administrative law officer;

  (6) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and

  (7) explain appeal procedures to licensed foresters and to applicants, and complaint procedures to the public.

  (b) The Director may adopt rules necessary to perform his or her duties under this section. (Added 2015, No. 166 (Adj. Sess.), § 2.)

• § 5212. Advisor appointees

  (a)(1) The Secretary of State shall appoint three foresters for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to forestry. One of the initial appointments shall be for less than a five-year term.

  (2) An appointee shall have not less than ten years’ experience as a forester immediately preceding appointment, shall be licensed as a forester in Vermont, and shall be actively engaged in the practice of forestry in this State during incumbency.

  (b) The Director shall seek the advice of the forestry advisor appointees in carrying out the provisions of this chapter. (Added 2015, No. 166 (Adj. Sess.), § 2.)

• Subchapter 003: LICENSES

• § 5221. Qualifications for licensure

  Applicants for licensure shall qualify under one of the following paths to licensure:

  (1) Possession of a bachelor’s degree, or higher, in forestry from a program approved by the Director, satisfactory completion of two years of the SAF Certified Forester experience requirements, and passage of the SAF Certified Forester examination, which may include a State portion if required by the Director by rule.

  (2) Possession of a bachelor’s degree, or higher, in a forestry-related field from a program approved by the Director, satisfactory completion of three years of the SAF Certified Forester experience requirements, and passage of the SAF Certified Forester examination, which may include a State portion if required by the Director by rule.

  (3) Possession of an associate degree in forestry from a program approved by the Director, satisfactory completion of four years of the SAF Certified Forester experience requirements, and passage of the SAF Certified Forester examination, which may include a State portion if required by the Director by rule.

  (4) Possession of a valid registration or license to engage in the practice of forestry issued by the appropriate regulatory authority of a state, territory, or possession of the United States, or the District of Columbia, based on requirements and qualifications shown by the application to be equal to or greater than the requirements of this chapter. Such an applicant may be examined on forestry matters peculiar to Vermont and may be granted a license at the discretion of the Director. (Added 2015, No. 166 (Adj. Sess.), § 2.)

• § 5222. Applications for licensure

  Applications for licensure shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant’s education, forestry experience, and other pertinent information required by the Director. Applications shall be accompanied by the required fee. (Added 2015, No. 166 (Adj. Sess.), § 2.)

• § 5223. Issuance of licenses

  The Director shall issue a license, upon payment of the fees prescribed in this chapter, to any applicant who has satisfactorily met all the requirements of this chapter. (Added 2015, No. 166 (Adj. Sess.), § 2.)

• § 5224. Renewals

  (a) Licenses shall be renewed every two years upon payment of the renewal fee.

  (b) Biennially, the Director shall provide notice to each licensee of license expiration and renewal requirements. Upon receipt of the completed form and the renewal fee, the Director shall issue a new license.

  (c) As a condition of renewal, the Director shall require that a licensee establish that he or she has completed continuing education, as approved by the Director, of 24 hours for each two-year renewal period.

  (d) The Director may reinstate the license of an individual whose license has expired upon payment of the required fee and reinstatement penalty, provided the individual has satisfied all the requirements for renewal, including continuing education. (Added 2015, No. 166 (Adj. Sess.), § 2.)

• § 5225. License and renewal fees

  Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2015, No. 166 (Adj. Sess.), § 2.)

• § 5226. Unprofessional conduct

  (a) The Director may deny an application for licensure or relicensure, revoke or suspend any license to practice forestry issued under this chapter, or discipline or in other ways condition the practice of a licensee upon due notice and opportunity for hearing in compliance with the provisions of 3 V.S.A. chapter 25 if the person engages in the following conduct or the conduct set forth in 3 V.S.A. § 129a:

  (1) has made or caused to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license to practice forestry;

  (2) whether or not committed in this State, has been convicted of a crime related to the practice of forestry or a felony that evinces an unfitness to practice forestry;

  (3) is unable to practice forestry competently by reason of any cause;

  (4) has willfully or repeatedly violated any of the provisions of this chapter;

  (5) is habitually intemperate or is addicted to the use of habit-forming drugs capable of impairing the exercise of professional judgment;

  (6) engages in conduct of a character likely to deceive, defraud, or harm the public; or

  (7) aiding, abetting, encouraging, or negligently causing a substantial violation of the statutes or rules of the Vermont Department of Forests, Parks and Recreation.

  (b) Any person or institution aggrieved by any action of the Director under this section may appeal as provided in 3 V.S.A. § 130a.

  (c) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Director about incompetent, unprofessional, or unlawful conduct of a forester. (Added 2015, No. 166 (Adj. Sess.), § 2.)