CHAPTER 12:12:01
DISEASE AND INSECT CONTROL
(Repealed. 12 SDR 128, 12 SDR 154, effective July 1, 1986)
CHAPTER 12:12:02
LOGGING SLASH ABANDONMENT AND TREATMENT STANDARDS
Section
12:12:02:01 Definitions.
12:12:02:02 Complaints and inspections.
12:12:02:03 Determination of abandonment.
12:12:02:04 Minimum treatment standard.
12:12:02:05 Piled logging slash standard.
12:12:02:06 Prescribed burning standard.
12:12:02:07 Minimum safety zones.
12:12:02:01. Definitions. Terms used in this chapter mean:
(1) "Abandonment," withdrawal of logging operations from an area with no intent to provide satisfactory treatment of all logging slash;
(2) "Burning," igniting piled or unpiled slash under prescribed conditions to reduce the amount and continuity of fuels;
(3) "Chipped," sliced, ground, or pulverized limbs, branches, or other logging debris that has been put through a specially designed portable chipping machine to produce small pieces of wood that are scattered over the area, producing a compact mat of wood debris;
(4) "Habitable structure," a residence, summer home, or other structure inhabited by people on a continual, seasonal, or intermittent basis;
(5) "Lopping," cutting of limbs, branches, treetops, cull logs, and other separate vegetation remaining after harvest into lengths so that the remaining logging slash will lie close to the ground;
(6) "Lopping and scattering," a combination of lopping and scattering that results in a more even and compact distribution of logging slash than lopping or scattering alone;
(7) "Percent slope," a measurement of slope steepness calculated by dividing a measured horizontal distance into the vertical distance, which is the distance from the horizontal line to the ground, and multiplying the answer by 100, using a formula expressed as:
Vertical distance = ______ X 100 = Percent slope
Horizontal distance
(8) "Piling," laying, placing, heaping, or stacking logging slash into piles to facilitate intended burning or to meet other silvicultural purposes;
(9) "Piling and burning," a combination of piling slash and igniting piles;
(10) "Prescribed burning," controlled application of fire to fuels, in a natural or modified state, under conditions of weather, fuel moisture, soil moisture, and topography that allow a fire to be confined to a predetermined area and produce effects that meet planned objectives of silviculture and fire hazard reduction;
(11) "Red slash," a condition of the logging slash, usually conifers, reached when the needles turn reddish-brown while still attached to the limbs;
(12) "Removal," removal of logging slash by lifting, pushing, or taking it away from a logged area in order to utilize the material or dispose of it safely;
(13) "Satisfactory treatment," treatment of logging slash that meets the standards in this chapter;
(14) "Scattering," spreading of lopped or unlopped logging slash evenly over the ground so that the remaining slash will lie close to the ground; and
(15) "Silviculture," the science and art of growing and tending forests based on a knowledge of the life history and general characteristics of forest trees and stands.
Source: 17 SDR 12, effective August 1, 1990.
General Authority: SDCL 21-10-26.
Law Implemented: SDCL 21-10-26.
12:12:02:02. Complaints and inspections. Complaints of logging slash abandonment shall be reported to the state forester. Upon receipt of a complaint, the state forester or his representative shall inspect the site of the complaint to determine if logging slash has been abandoned. The state forester may initiate an investigation without receiving a complaint if he believes logging slash has been abandoned.
Source: 17 SDR 12, effective August 1, 1990.
General Authority: SDCL 21-10-26.
12:12:02:03. Determination of abandonment. The state forester shall declare logging slash as abandoned if he finds one or more of the following conditions:
(1) Logging slash is not satisfactorily treated to minimum standards by the termination date of any written or verbal logging contract between the timber owner and the timber purchaser or logging contractor;
(2) The timber purchaser or logging contractor has removed all commercial wood from an area but has not treated the logging slash to minimum standards; or
(3) The logging slash has not received satisfactory treatment to minimum standards before red slash occurs in the logging debris.
Source: 17 SDR 12, effective August 1, 1990.
General Authority: SDCL 21-10-26.
12:12:02:04. Minimum treatment standard. All logging slash must be lopped and scattered so that it will not exceed 18 inches in depth on any part of the logged area or it must be piled, piled and burned, removed from the site, treated by prescribed burning, or chipped.
Source: 17 SDR 12, effective August 1, 1990.
General Authority: SDCL 21-10-26.
12:12:02:05. Piled logging slash standard. Logging slash must be piled in such a manner that it will not unduly harm the residual forest stand when burned. Piles must be compressed and free of excessive dirt and debris to facilitate complete consumption of the debris.
Source: 17 SDR 12, effective August 1, 1990.
General Authority: SDCL 21-10-26.
12:12:02:06. Prescribed burning standard. Prescribed burning of logging slash or the burning of piled slash must be conducted in a safe manner and in accordance with open burning rules in chapter 74:36:15, laws in SDCL chapter 34-35, and local open burning laws.
Source: 17 SDR 12, effective August 1, 1990.
General Authority: SDCL 21-10-26.
Law Implemented: SDCL 21-10-26, 21-10-27.
Editor's Note: The Legislative Research Council substituted "74:36:15" for "74:26:04" in this section to conform to recodification of rules for air pollution control.
12:12:02:07. Minimum safety zones. A minimum safety zone must be created around habitable structures. All logging slash must be removed or chipped within 100 feet of the structure when the average percent slope of the site is 0 to 39 percent. On sites with an average slope greater than or equal to 40 percent, slash must be removed or chipped within 200 feet of the structure.
Source: 17 SDR 12, effective August 1, 1990.
General Authority: SDCL 21-10-26.
