U.S. legal framework dictates need for jurisdictional risk-based approach

When it comes to demonstrating that U.S. hardwoods are legally sourced, many regulators and importers in export markets seem very focused on obtaining specific documents – such as licenses or permits - from their suppliers to confirm that the forest owner has permission to harvest. This expectation seems driven by norms in most European countries and in many tropical countries. In the U.S., the cultural and regulatory background is very different.

AHA analysis reveals that in most states, private forest owners have the right to harvest timber on their own land without obtaining prior permission from state authorities. As a result, they generally do not — and often cannot — obtain harvest permits or logging licences. This is a key reason for AHA’s reliance on a risk-based jurisdictional approach to demonstrate legal compliance and good governance in the U.S. hardwood sector.

The independent risk assessments of hardwood-producing states, conducted under the AHA jurisdictional risk assessment framework, provide important insight into forest governance in the United States.

The analysis challenges two common misconceptions:

• that American hardwood logs must always be accompanied by harvest permits or logging licences; and
• truckloads of hardwood logs must always be accompanied by log load tickets.

AHA analysis reveals that in most states, private forest owners have the right to harvest timber on their own land without obtaining prior permission from state authorities. As a result, they generally do not — and often cannot — obtain harvest permits or logging licences. This situation is very different to many other countries, but it does not mean that timber harvesting in the US hardwood regions is not regulated. A broad range of environmental, social and business focused legislation exists at a federal, state and often local level that that must be, and the assessments suggest, routinely is complied with.

Of the 37 states assessed, 34 do not require forest owners to secure permission before harvesting. Only California, Maryland, and Washington require permits for commercial timber harvests. These 3 states together harvest just over 3% of the volume of American hardwoods each year. Eleven states require advance notification to authorities but not formal approval. In these cases, landowners must inform the relevant agency but retain the right to proceed without waiting for authorization.

Four additional states impose notification or permit requirements under specific conditions. For example, Vermont requires permits for logging above certain elevations; Florida offers a “presumption of compliance” with water quality standards if a Notice of Intent is submitted; Maine requires consultation for harvesting in designated deer wintering areas; and New York requires permits in protected streams, wetlands, or parts of the Adirondack Park.

Twenty-one hardwood-producing states have no requirements for permits, prior approval, or notification before harvest on private land. In some states, permits are only required for related activities such as stream crossings, wetlands work, or road use — not for timber harvesting itself.

Right-to-Farm Acts, adopted in every state, further reinforce the rights of landowners to conduct agricultural and forestry operations. Many explicitly extend nuisance protections to forestry and timber harvesting. Currently, 32 states extend Right-to-Farm protections to the timber industry, and 31 states restrict local government authority over agricultural operations, often facilitating timber harvests. While these laws vary in scope, they generally protect established forestry practices.

The assessments also reveal significant variation in log or load ticket requirements. Sixteen of the 37 states require some form of load, scale, or trip ticket for timber transport or sale. These systems typically apply to timber purchasers, mills, or transporters rather than landowners, and are often linked to transportation, taxation, or record-keeping requirements. Collectively these 16 states account for around 42% of the hardwood harvested per year.

However, the majority — 21 hardwood-producing states — do not require logs to be accompanied by load tickets.

In summary:

• Nearly 97% of American hardwood logs are harvested without any legal requirement to obtain harvest permits or logging licences.
• Almost 58% of American hardwood logs are not legally required to be accompanied by log load tickets.
• Over 57% of the hardwood production volume in the states assessed is from states that neither have harvest permit requirements or log load ticketing requirements.
• The lack of requirements for permission to harvest or need for load tickets to transport logs does not imply the hardwood sector is unregulated.
• Federal, state, and local level regulations exist covering a broad range of environmental, social and business aspects of the hardwood industry.
• The AHA jurisdictional risk assessments indicate a high level of compliance with these laws and indicate negligible risk of hardwoods being produced in breach of these requirements.