my property is zoned business office. it is my residence . i split and sell campfire wood.i received a ticket and have to appear in court.i've been doing this for almost 10 years.any advice
State/Country relating to question: Michigan
HI and welcome,
All kinds of VERY RECENT RULES AND REGULATION:
No. All the 2009 requirements and restrictions still apply:
The firewood definition was expanded to clarify several points, specifically:
No. The "Prohibition subsection, 192.5 (b) has been revised to consolidate and clarify the prohibitions on importing untreated firewood, movement of untreated firewood more than 50 miles from its source or origin and the labeling and documentation requirements for untreated and treated firewood.
Both are designations of where the firewood (or logs made into firewood) was grown. "Source" is used in the documentation required of firewood producers and dealers for firewood that is sold commercially. "Origin" is to be used when persons are moving firewood for personal use, on the "Self-issued Certificate of Origin" (PDF, 14.9 kb) which replaces the "Self-issued C-certificate of Source".
No. A main purpose of this revision was to clarify that firewood users are not required to retain source documentation once their untreated firewood is at their home or place of use. The only exception to this is if untreated firewood is being brought onto DEC or State Parks lands. In that case, source or origin documentation, or a treatment label must be retained with the firewood.
No. The new enforcement subsection, 192.5 (f) simply states and clarifies the current penalty provisions and enforcement options available to DEC Law Enforcement staff under the Environmental Conservation Law section 9-1303. This includes the option of directing non-compliant firewood found in transport or possession be returned to its source, or confiscated and destroyed.
This Section was added to clarify and articulate the Department's authority, pursuant to ECL section 9-1303, to enforce the provisions of any quarantine order issued by the Department.
All species of trees that are used as firewood are regulated since dangerous, invasive insects and diseases can be found in, or on, almost every native New York tree species. We are focusing on firewood, as the vector, or means by which pests are moved, rather than addressing individual pests one at a time.
There are many invasive, exotic forest insects and diseases of concern to New York. Almost every native New York trees species is susceptible to attack by one or more exotic pest. Some of these insects and diseases are already known to be present in parts of New York, some are threatening us from other states or regions, and still others have yet to find their way to this country (that we know of). Some pests and their hosts of particular concern include:
"Source" is defined as the village, town or city, which an untreated firewood producer or dealer designates, declaring that the untreated firewood firewood all was produced from trees grown within 50-miles of that named location.
The 50-mile limit is defined as meaning "a 50-mile linear distance determined by using the scale-bar on a New York State road map, atlas or gazetteer, from the point identified by the producer as the declared and labeled source of the firewood in question." The idea is to use a simple point as the radius center, rather than trying to determine a street address or GPS location for every tree.
Many other States and jurisdictions have imposed regulations on the movement and/or importation of firewood, for the same purposes we have in proposing our regulations. Firewood regulations, in various forms, currently exist in Pennsylvania, Vermont, Maine, Minnesota, Wisconsin, Michigan, Illinois, Indiana, Kentucky, Ohio and Maryland. Many other States are considering similar actions and have outreach and awareness campaigns asking users to not move firewood.
The Canadian government has had a ban in effect for several years on the import of any firewood into that country that has not been heat-treated to their specifications.
DEC's Legal Office has looked into the Commerce Clause provisions and determined that case law supports State's rights to protect themselves through regulations that incidentally affect interstate trade if:
See: Maine v. Taylor, 477 U.S. 131, 138 (1986)
Any law enforcement officer could enforce this regulation. This includes NYSDEC Environmental Conservation Officers, NYSDEC Forest Rangers, NYS Office of Parks, Recreation and Historic Preservation Park Police, NYS Department of Agriculture and Markets Horticultural Inspectors, and any other State, County or Local police officer.
No. The regulation specifically exempts out-of-state firewood that is being transported through New York, to another State, and is not sold or used in New York. However, there are regulations in place for the transportation of wood in areas of the country that are quarantined. See the EAB Regulations and Quarantines webpage for information about areas of New York and other states that are under quarantine. If you have questions about bringing firewood into any other state, you should contact their Department of Agriculture or State Forestry Office to check on their state's regulations or restrictions.
No. Wood pellets, bark and mulch are not covered under this regulation. The manufacturing processes involved in producing these commodities (chipping, grinding and/or compressing) are deemed adequate to eliminate any invasive pest that may be in or on the wood. In most invasive forest pest quarantine situations, chipping infested, or host material is an accepted disposal method.
No. Christmas trees are not covered under this regulation. Christmas trees have not been found to be a method of transport for these invasive pests and are not considered a risk for the spread of these destructive species.
If you have any questions, contact one of our offices: http://www.fs.usda.gov/main/hmnf/about-forest.
NOTE: Forest Service Offices are only permitted to take Cash or Check. We cannot accept credit cards. Make checks payable to: XXXXX XXXXX Service
This permit is not intended for commericial firewood operations.
Please press 3 or 4 or 5 below so that I may get credit for assisting you. Please do NOT press 1 or 2 since that will result in a negative rating for me which you may not have intended If you want further information or clarification, just ask before you accept my answer and give a rating. Also, I ask you to be fair in your rating. For instance, these should NOT have received a negative rating: a. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know. b. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY NO YOU CAN'T". c. The answer is short, but ACCURATE. A customer simply wants a longer answer. Thank you for reading this and for your consideration. I'm always ready to help further. rich
Please press 3 or 4 or 5 below so that I may get credit for assisting you. Please do NOT press 1 or 2 since that will result in a negative rating for me which
you may not have intended If you want further information or clarification, just ask before you accept my answer and give a rating.
Also, I ask you to be fair in your rating. For instance, these should NOT have received a negative rating:
a. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know.
b. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY NO YOU CAN'T".
c. The answer is short, but ACCURATE. A customer simply wants a longer answer.
Thank you for reading this and for your consideration. I'm always ready to help further.
you misunderstood my question . i do it as a hobby i'm going to court because they say i'm running a business from my residence. i say its just like if i had a garden and sold vegetables or had a car for sale in my driveway
I'm sorry. I don't think you said it was a hobby. When you go to court present 2 things
1. All documentation (eg, pay stubs) and even witnesses, if possible, proving your full time job.
2. Documentation about the kind of small amount of money you get from selling the wood. If any neighbors have anything to contribute on the issue, have them testify too
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).