§ 3-129. Timber harvesting.

(a)

Bona fide agricultural activity. The following shall be required in order to qualify tree harvesting as a bona fide agricultural activity:

1.

The tract must be under an approved forestry management plan.

2.

The Jackson County Tax Commissioner has approved the property for a preferential agricultural assessment or a conservation use assessment.

3.

There is a contract for delivery of the trees between the tree harvesting company and an end user, such as to a mill or wood pulp company.

4.

Best management practices required by the Georgia Forestry Commission shall be followed. This can be evidenced by a contract between the tree harvesting company and the property owner (the seller) that is consistent with the form and content recommended by the Georgia Forestry Commission.

5.

The tree harvester is currently qualified as a master timber harvester by the Georgia Forestry Commission at the time of the tree harvesting.

(b)

Permit not required. No permit from the department of public development shall be required for timber harvesting; provided, however, that all such activities must be consistent with article 12 of this UDC relative to tree protection and other applicable regulations of this development code.

(c)

Notice required. All persons or firms harvesting standing timber in the unincorporated portion of Jackson County for delivery as pulpwood, logs, poles, or wood chips to any woodyard or processing plant located inside or outside the state of Georgia shall provide notice of such harvesting operations to the Board of Commissioners of Jackson County prior to cutting any such timber. Prior written notice shall be required of any person or firm harvesting such timber for each separate tract to be harvested thereby, shall be in such form as prescribed by state rule or regulation of the Director of the Georgia Department of Natural Resources and shall consist of the following:

1.

A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road;

2.

A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under O.C.G.A. § 48-5-7.5;

3.

The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and

4.

The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber.

Such notice may be submitted in person, by transmission of an electronic record via telefacsimile or such other means as approved by the Board of Commissioners of Jackson County, or by mail. (Reference O.C.G.A. § 12-6-24.)

(d)

Restriction on development approval of recently cleared land. Except for properties with activities consistent with paragraph (a) of this section (bona fide agricultural activity), no development or land disturbance permit will be issued by Jackson County if any portion of the property has been cleared of trees within five years prior to such permit application. This restriction may be waived by the board of commissioners upon a finding that: the tree removal occurred as a bona fide agricultural activity; and a minimum basal area of at least 50 square feet per acre, distributed evenly throughout the property, was retained on the property at the time of tree removal, as certified by a qualified arborist or forester.

(Ord. No. 17-003 , § 1, 10-2-2017)