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The Vermont Statutes Online

 

Title 12 : Court Procedure

Chapter 196 : VERMONT RIGHT TO CONDUCT FORESTRY OPERATIONS

(Cite as: 12 V.S.A. § 5755)
  • § 5755. Findings

    The General Assembly finds that:

    (1) Private and public forestlands:

    (A) constitute unique and irreplaceable resources, benefits, and values of statewide importance;

    (B) contribute to the protection and conservation of wildlife, wildlife habitat, air, water, and soil resources of the State;

    (C) provide a resource for the State constitutional right to hunt, fish, and trap;

    (D) mitigate the effects of climate change; and

    (E) result in general benefit to the health and welfare of the people of the State.

    (2) The forest products industry, including maple sap collection:

    (A) is a major contributor to and is valuable to the State's economy by providing jobs to its citizens;

    (B) is essential to the manufacture of forest products that are used and enjoyed by the people of the State; and

    (C) benefits the general welfare of the people of the State.

    (3) Private and public forestlands are critical for and contribute significantly to the State's outdoor recreation and tourism economies.

    (4) The economic management of public and private forestlands contributes to sustaining long-term forest health, integrity, and productivity.

    (5) Forestry operations are adversely impacted by the encroachment of urban, commercial, and residential land uses throughout the State that result in forest fragmentation and conversion and erode the health and sustainability of remaining forests.

    (6) As a result of encroachment on forests, conflicts have arisen between traditional forestry land uses and urban, commercial, and residential land uses that threaten to permanently convert forestland to other uses, resulting in an adverse impact to the economy and natural environment of the State.

    (7) The encouragement, development, improvement, and continuation of forestry operations will result in a general benefit to the health and welfare of the people of the State and the State's economy.

    (8) The forest products industry, in order to survive, likely will need to change, adopt new technologies, and diversify into new products.

    (9) Conventional forestry practices, including logging, transportation, and processing of forest products may be subject to unnecessary or adversarial lawsuits based on the theory of nuisance. Nuisance suits could encourage and result in the conversion of forestland and loss of the forest products industry.

    (10) It is in the public interest of the people of the State to ensure that lawfully conducted conventional forestry practices are protected and encouraged and are not subject to public and private nuisance actions arising out of conflicts between forestry operations and urban, commercial, and residential uses. (Added 2017, No. 198 (Adj. Sess.), § 1, eff. May 30, 2018.)