Frequently Asked Questions about the Tornado, Trees and Forests

Our first goal is to protect the safety and health of our citizens. The state and local communities will assist homeowners– connecting them to private vendors or volunteer organizations that may be able to help them with removing trees from their yard that pose a safety risk.

Beyond that, state agencies and the UNH Cooperative Extension can assist homeowners in assessing debris problems they may have and provide advice on how best to remove the debris. Also, the state is working in conjunction with several non-profit agencies to help provide assistance to families with the greatest needs. Here is a summary of many of the questions we have been receiving.

Will there be any financial assistance for me and my community to deal with the debris from trees?

• On August 11, President Bush granted Governor Lynch’s request for a major disaster declaration for damage caused by the tornado. The President granted the Governor’s request for public assistance, but not individual assistance. The declaration will make public assistance available for impacted communities in Belknap, Carroll and Rockingham counties. Governor Lynch’s original request for a disaster declaration included Merrimack and Strafford counties and the state is asking FEMA to include Merrimack and Strafford counties in the declaration.

• Contact the Public Inquiry Line at 888-330-6764 to be put on a list to learn about any FEMA assistance.
• It is prudent to take pictures before any clean up commences to document the damage.
• Keep all receipts of costs incurred.
• Check with your insurance company.
• You may qualify for shade tree or casualty loss, though the requirements can be complicated. Go to http://timbertax.org/ for additional information.
• Connect with UNH Cooperative Extension County Forester to learn about financial assistance programs for long term stewardship of your property.

Can I talk with someone about what has happened to my trees?

If you live in:                           Call a County Forester:          

Alton                         Andy Fast                    527-5475                     andrew.fast@unh.edu

Barnstead                   Andy Fast                    527-5475                     andrew.fast@unh.edu

Deerfield                     Fred Borman               679-5616                    fred.borman@unh.edu

Effingham                    Wendy Scribner          447-3834               wendy.scribner@unh.edu

Epsom                         Tim Fleury                  796-2151                     tim.fleury@unh.edu

Freedom                      Wendy Scribner          447-3834               wendy.scribner@unh.edu

New Durham               Deborah Goard           749-4445                 deborah.goard@unh.edu

Northwood                  Fred Borman               679-5616                    fred.borman@unh.edu

Ossipee                       Wendy Scribner          447-3834               wendy.scribner@unh.edu

Pittsfield                      Tim Fleury                  796-2151                     tim.fleury@unh.edu

Wolfeboro                   Wendy Scribner          447-3834               wendy.scribner@unh.edu

Questions about the law can be directed to a NH Division of Forests and Lands, Forest Ranger by calling 271-2214.

Visit www.nhwoods.org for information about the tornado, trees and forests and dealing with the aftermath.

How do I know if I should pay to have trees removed, or if I should be receiving money for them? Are my trees worth anything?

Trees immediately around homes or on small lots will very likely cost money to clean up. The value of blown over trees, even on larger lots, can be hard to determine.

Even folks in the wood business are trying to figure out if the wood has value. How shattered is it? How quickly will it stain? How safe and profitable or not is the logging? It is a fluid situation.

More trees are twisted and snapped off than in past storms. Wood that has snapped off is more likely to be shattered and less usable for lumber than trees that are blown over. Bark beetles and blue stain will also degrade log quality over time. Trees that are down and containing good lumber could resist stain from 3 to 6 weeks. However, many sawmills are reluctant to accept storm damaged logs because of the shattered wood fiber. This wood has value as firewood, chips, and/ or pulpwood. Most of the storm damaged timber presents hazardous conditions for logging. The storm also created hazardous conditions for arborists doing tree removal around homes.

Do you have any advice for me?

• First you need to determine if you have value to sell, or debris that you need to pay someone to cleanup. The market conditions are changing. Talk with your County Forester to learn the latest on markets and clean up.
• Get estimates from at least three different contractors.
• Ask for references. Ask where they are working now and if you can come see their work.
• Do they have insurance? Make sure the contractor is fully insured; ask for certificates from the insurance carrier, not the contractor.
• Ask how they keep their crews safe. Do they use safety gear?
• Have a written contract.
• As part of your written contract, ask for copies of scale slips for wood removed from your property.These will indicate how much wood has been removed from your property and what products it will be used for. You may need this information for your timber tax assessment.
• Understand what is happening to the wood. Will you get money for it, or will it cost money for it to be removed?
• Understand your payment schedule. For example, pay by completion of tasks not just by the hour.
• Have a clear understand what your land will look like when the contractor is finished. Will all of the debris be removed? Will small branches and tops be scattered on the ground? If you want the stumps removed, this will likely have an additional cost associated with it.
• Consider engaging a licensed forester or logger to give you advice.
• There are laws designed to protect you the landowner, the public and the environment that still need to be followed. Your forester and logger can help you comply.
• Don’t fall for the “I’ll remove all the wood for free”. There is no free lunch!
• Wait until things settle down and decide what you want to do.
• If you want to work the wood up yourself, realize this is the most hazardous cutting situation we have seen in a long time. Don’t exceed your capabilities with a chainsaw and always use safety gear.
  

Should I just give the wood away to get it cleaned up?

It is tempting to trade wood for services. Be cautious when entering into any agreement including bartering the wood for storm clean up. Educate yourself about what you have. Be aware that there may be liability, timber tax, and income tax implications. The same kinds of questions should be asked and answered when bartering as when selling the wood or when hiring someone to clean up. (Do they have insurance? What is happening to the wood? Do they wear safety gear and use safe practices?) In addition, since you may be bartering with someone who isn’t a professional, ask how experienced they are to complete the work. Make sure all parties are safe. Check with your insurer to see that you will be covered in case of an accident.

My neighbor’s trees blew on to my land and vice versa. Who owns what?

You have the right to remove any tree, or any part of a tree that hangs onto or falls onto your property- but only the part that is on your property (and provided your actions don’t degrade the health of the tree). The wood still belongs to the owner of the tree unless they release their ownership.

A healthy tree that falls into a neighbor's yard during a storm usually is the responsibility of the owner of the property where the tree falls.

The law states that whoever pushes over, cuts saws etc. must dispose of the slash according to specified distances and cannot leave slash on the land of another. You don't have the rightto trespass on another person’s property and dump slash there even if the tree originated on their property.

The blowdown has obscured many boundary lines making it difficult, if not impossible to know who owns which trees and who has the obligation to clean up, or conversely who owns those trees in the cases where there is value. Work with your neighbor to locate your lines and discuss debris clean-up.

Trees are all over my boundary and my neighbor and I want to cooperate in the cleanup, but that means we need to move some of our boundary markers. Can we?

Normally, you aren’t allowed to deface, alter, or remove boundary line markers such as a stone wall, monument or a mark on a tree, but you may do so if you and your abutter mutually agree to it. It is prudent to keep boundary line marker destruction to a minimum and to re-mark as soon as possible.

What should homeowners and town workers do with roadside trees that are blown over?

Clearing roadside trees is complicated. The town has the right to remove trees for public safety and travel. However, any product such as firewood is owned by the landowner. Once the imminent threat to safety and property is over, the landowner should be notified in writing before work commences, in certain circumstances. Obviously, the tornado has made it difficult for the town to comply with these laws and satisfy the important public interest of cleaning up such a massive amount of debris.

Slash along the edge of the road that was created by the town or utilities to get the roads open for public safety and for access reasons will not be required to be cleaned up by the landowner or the town. Slash means branches, bark, tops, chunks, cull logs, uprooted stumps and broken or uprooted brush and trees left on the ground after timber harvesting operations, and other cutting operations. Wood chips and small chunks of woody debris are not considered slash when such materials are the result of public safety activities including but not limited to highway right of way maintenance.

I can’t afford to pay for clean up. Is there anybody that can help me?

Through the Voluntary Organizations Active in Disasters (VOAD), the Southern Baptists have trained chainsaw crews working in the tornado towns. For the most part they don’t have heavy equipment and that may limit some of what they are able to do. Their goal is to make sure people can safely get in to their homes- that the house and the immediate surrounding property are safe. Be advised they can’t help in situations that aren’t an immediate threat to your home, vehicles, and outbuildings.

Their services can be accessed through NH VOAD by calling Cathy Hoyt at 271-7205. When VOAD receives your request, they will have an assessor review the situation and determine if they can assist. They will ask you to sign a release and that you be present as they work.

They will stay active in the state as long as their services are needed, so call NH VOAD right away to inquire of this service.

I want to work with neighbors to hire someone to clean up or sell the wood. Do you have any advice?

Each homeowner should have their own contract with contractors (logger, forester, arborist) as well as make sure that each is covered by any required permits (see below).

Part of the agreement should be that the contractor will track wood and payments by individual owner as best as they are able.

I heard I need to pay taxes on the fallen trees, for tops on the ground, standing stubs? Is that true? Do I need to file an intent to cut?

An intent to cut may be required even for tornado damage. The NH Department of Revenue Administration provides the following information in their advisory, TIR 2008-05:

1. You do not need to file an Intent to Cut if:

• You use the wood for personal use. Personal use is limited to 20 cords of firewood or 10,000 board feet of logs.
• You are cleaning up trees that are maintained for shade or ornamental purposes. Within the disaster area declared by the Governor, this could be as much as 200 feet away from any structures.
• You are only cleaning up broken off limbs and trees that have fallen to the ground and are not severing the trees from the stump.

2. You do need to file an Intent to Cut if:

• You sell the wood or exchange it for services (such as the cost of cleaning up the property);
• The trees are not maintained for shade or ornamental purposes such as those associated with a woodlot.
• The volume of wood is greater than 20 cords of firewood or 10,000 board feet of logs.
• You are harvesting or processing whole tree chips.

Tax assessments are made by the town assessing officials. Assessed tax can be reduced because of many factors including: difficult access, costs of difficult logging, damaged wood. Undamaged wood that is removed should be taxed as usual.

Provide assessing officials with pertinent information so they can make an accurate evaluation. Such documentation may include: contracts, canceled checks, pictures, etc. All Intents to Cut for property damaged by the tornado, should be prominently labeled “STORM DAMAGE” at the top of the form.

Property owners have the right to appeal any timber tax assessed under RSA 79:8, and the Board of Selectmen of each town has the ability to abate any assessed tax for good cause. RSA 76:16.

I heard that I need to follow the slash laws. What are they and do I need to follow them?

Unless the Division of Forests and Lands (the Forest Rangers) deem that it is causing an unusual fire hazard, you aren’t required to “clean up” trees that fell from the storm, but once you start processing the slash, you need to follow the setbacks for the slash law. Slash can’t be:

• In any river, stream or brook that normally flows throughout the year, or any other standing body of water, public highway, or active railroad bed.
• On the property of another, or in a cemetery.
• Within 25 feet of land of another, or fourth order stream.
• Within 50 feet of any great pond, any other standing body of water 10 acres or more in area, public highway, or active railroad bed.
• Within 100 feet of any occupied structure (RSA 635:1, III) including all barns, sheds, and other storage buildings, except a temporary lumber camp.
• Slash may not be more than four feet high within 50 to 150 feet of any great pond, standing body of water 10 acres or more in area, or public highway.

You will be required to remove that slash where it is clear that the branch was cut, meaning you can clearly see a saw mark. If you are cutting and removing trees in an area where there is a tremendous amount of slash from the tornado already on the ground, you will not have to clean up the rest of the slash in the area if you did not clearly “cut or caused to be cut” the specific pieces of slash.

What is the basal area law and does it apply?

The basal area law requires you to leave 50% of a stand of healthy trees next to a public highway or waterway. However, it applies only to trees left standing. It doesn’t apply to trees on the ground, leaners, and standing trees with their tops broken off. These can all be removed without a variance to this law. You would only need to request a variance to the basal area law if you are cutting more than 50% of the still standing healthy trees. The application to exceed the basal area law is available on the web http://www.dred.state.nh.us/divisions/forestandlands/reference/documents/Basalareavar4_02.pdf or from the Forest Rangers, or the County Foresters.

Do I need to follow the shoreland protection law?

The NH Department of Environmental Services says: Within the protected shoreland (reference line to 250 feet landward) downed and damaged trees and trees posing an imminent hazard or threat may be felled and removed without a shoreland permit. Within 50 feet from surface waters, stumps must be left intact for soil stabilization. Stumps uprooted by the weather event may be removed and the hole backfilled without a permit. While the planting of saplings to replace lost trees is encouraged, property owners are not required to replant or restore the shoreland.

Trees and debris can be removed from waterbodies. If equipment is necessary for removal of debris, monitor equipment for fluid leakage and use temporary work pads to lessen the impacts to the shoreline. It is recommended that homeowners take photographs of damaged trees and structures for documentation.

Timber harvesting and forestry activities must operate in accordance with RSA 227-J:9. (elements of this are explained else where in this FAQs).

Damaged structures may be repaired or replaced without a shoreland permit provided no change occurs to the existing footprint. If excavation is required, an emergency authorization can be obtained from DES by calling (603) 271-2147.

Do I need to follow the wetland laws?

If you have wetlands, you need to follow these laws. This requires you follow Best Management Practices and file the “Notification of Forest Management or Timber Harvest Activities Having Minimum Wetlands Impact” http://www.des.state.nh.us/Wetlands/pdf/forestrynotification.pdf Your logger or forester can assist you with this.

I have mature trees lining the stream bank that have been uprooted and are located in and across streams. What do I do with the uprooted stump once the rest of the tree is removed?

Tip the stumps back into the ground for soil stabilization.

Can I burn the debris?

Yes, you can burn clean and untreated brush and wood from trees, however, there are several things to know.

• Contact your local forest fire warden or fire department to get a fire permit, which is required. They can also provide you with information on how to stay safe.
• Do not burn pressure treated, painted or any other treated wood.
• There are minimum setbacks to structures designed to prevent the fire from spreading.
• Typical setbacks are a minimum of 50 feet. Contact your forest fire warden before you burn and remember learn about these setbacks before you move your brush to avoid having to move it twice.
• Burn safely. If the fire gets out of control, you may be liable for suppression costs.
• Your fire must be attended at all times and you need to have sufficient water, tools, and people to control and extinguish fire.
• The wood must be less than 5 inches in diameter.
• If the fire danger is high, you may not be allowed to burn

Your local forest fire warden is your key contact. He will issue the permit, tell you of the laws and tell you when you can burn.

If I can’t afford to clean up the mess do I have to?

As long as you don’t handle the slash you can leave it where it fell. Once you start cutting it up, you must follow the slash laws (i.e it must be removed 25 feet from boundaries lines, 100 feet from occupied structures and 50 feet from any public road. See above).

If it constitutes an unusual fire hazard, by notice in writing to the owner, the Division of Forests and Lands may require the removal or disposal of slash wherever its located when in the judgment of the department its constitutes an unusual hazard endangering other property through the setting or spreading of woodland fires.

Will all this tree debris be a fire hazard?

In the short term, wildfire danger is minimal because of the wetness of the vegetation. However, in the long term as the wood dries out, these areas could pose a significant hazard. The first priority is to create defensible space around your home to prevent fires caused by an abundance of fuel near your house. The second priority is to reduce the amount of fuel along roads and trails and other areas at risk.

Depending on the weather, the leaves, needles and smaller branches will become flammable by the late fall. The larger diameter may take a year or more to dry out. The softwoods are a greater fire hazard. Cutting the debris up so it comes in closer contact with the ground will minimize the hazard.

The Division of Forests and Lands strongly advises homeowners, landowners, and communities to clean up the slash as soon as you are able because it may constitute an unusual fire hazard next spring. Contact your local Forest Ranger at 271-2214 for more information.

I have a woodlot on a class 6 road. Will the town clean it up?

By state law, class 6 roads will not be maintained (cleared from debris) unless declared an emergency lane. Contact your town to find the status of the road.

Where can I take wood debris?

Check with your local transfer station to see if they will accept the wood. There are private companies that will remove the wood for a fee. Though your town may be prevented from cleaning up your land because of liability issues, your town may be planning curbside pick ups or some other program to help homeowners handle the debris.

The intent of this fact sheet is to provide guidance for homeowners, landowners, and other townspeople affected by the tornado of July 24, 2008. Consult relevant statutes for additional information. Prepared by Karen P. Bennett, Extension Forestry Professor and Specialist, Karen.bennett@unh.edu August 12, 2008

UNH Cooperative Extension programs and polices are consistent with pertinent Federal and State laws and regulations on nondiscrimination regarding race, color, national origin, sex, sexual orientation, age, disability or veteran’s status. College of Life Sciences and Agriculture, County Governments, NH Dept. of Resources and Economic Development, Division of Forests and Lands, NH Fish and Game, U.S. Dept. of Agriculture and U.S. Fish and Wildlife Service cooperating.