Pennsylvania Law recognizes and
protects forestry as a beneficial land use, but some-times timber harvesting
operations run into issues with unauthorized local ordinances.
On July 6, 2005, Act 39 also
known as "ACRE" (Agriculture, Communities and Rural Environment) went
into effect to ensure that ordinances adopted by local governments to regulate
normal agricultural operations (which includes forestry and timber harvesting)
are not in violation of state law.
Through ACRE, an owner or
operator of a normal agricultural operation may request that the Office of the
Attorney General (OAG) review a local ordinance that the owner or operator
believes to be unauthorized. If, after reviewing the local ordinance, the OAG
believes that the ordinance violates ACRE, the OAG and the local government
will work together to bring the ordinance into compliance with state law. If a
resolution cannot be reached, the OAG has the option of filing a lawsuit in the
Common-wealth Court. If the OAG decides not to file a lawsuit, the owner or
operator still can file a lawsuit in Commonwealth Court to challenge the
ordinance.
The Pennsylvania SIC has developed a
new fact sheet summarizing positions the OAG has taken on unauthorized
ordinances related to timber harvesting. This fact sheet and other information
related to timber harvesting ordinances is available on PA Sustainable Forestry
Initiative’s website.
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