# COMAR Title 08 — Department of Natural Resources

## Subtitle 07 — Forests and Parks

### Chapter 08 — Licensed Forest Products Operator

**Authority:** Natural Resources Article, §5-608.1, Annotated Code of Maryland

**Administrative History:** Effective date: November 14, 2011 (38:23 Md. R. 1420)

**Administrative History:** Regulation .05A amended effective January 7, 2016 (42:26 Md. R. 1594)

**Administrative History:** Regulation .08 adopted effective January 22, 2024 (51:1 Md. R. 16)

#### Regulation .01 Definitions.

*COMAR 08.07.08.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Commercial logging or timber harvesting operations” means the cutting and removing of tree stems from a site for commercial purposes while leaving the root mass intact.

  (2) Forest Products.

    (i) “Forest products” includes trees or parts of trees that are harvested for compensation.

    (ii) “Forest products” includes green lumber, logs, pulpwood, firewood, bark, chips, shavings, and sawdust.

  (3) “Forest products operator” means a person who represents to the public that the person is available to engage in the commercial trade of forest products, including the harvesting, transporting, selling or re-selling of forest products.

  (4) “Licensed forest products operator” means a person who has received a license from the Department displaying the person’s qualification to practice as a forest products operator.

#### Regulation .02 License Required.

*COMAR 08.07.08.02*

Forest products may be sold for compensation only by a person licensed as a forest products operator by the Department.

#### Regulation .03 Responsibilities.

*COMAR 08.07.08.03*

A. A licensed forest products operator shall comply in all respects with applicable statutes and regulations pertaining to forest products operations.

B. A licensed forest products operator may not engage in any form of false or misleading advertising or promotional activities, including the falsification or misrepresentation of:

  (1) The professional or trade qualifications or affiliations of the forest products operator; or

  (2) The experience or licensing status of the forest products operator.

C. A licensed forest products operator may not falsely represent the species of forest products sold or delivered, the quantity of forest products sold or delivered, or records of forest product transactions.

D. A licensed forest products operator shall retain documentation of all sales of chips produced at the site of harvest, logs, pulpwood, and firewood for one year from the date of sale. The documentation shall provide:

  (1) Date of sale, name and address of purchaser;

  (2) Quantity of forest product sold or delivered including unit of measurement;

  (3) Species of the forest product; and

  (4) County from which the forest product originated.

E. A licensed forest products operator shall disclose the license number issued by the Department in all advertisements of services offered or notices for sale of forest products.

F. A forest products operator shall not trespass upon property adjacent to the property from which the forest products operator is lawfully harvesting or collecting forest products.

G. A forest products operator shall ensure the safe operation of all equipment used during the harvesting or collecting of forest products.

H. In the performance of harvesting, collecting, or transporting forest products, a forest products operator shall make every reasonable effort to protect the safety, health, property, and welfare of the public.

I. A forest products operator shall cooperate fully with the Department of Natural Resources in an investigation or adjudication of an alleged violation of laws pertaining to licensed forest product operators and, upon request, shall provide copies of documents to the Department.

J. A forest products operator shall, within 30 days, inform the Department of Natural Resources Forest Service in writing of a change in business address or telephone number.

#### Regulation .04 Supervision.

*COMAR 08.07.08.04*

A licensed forest products operator is responsible for the quality and content of all work and acts performed by those working under the license.

#### Regulation .05 Requirements for Licensure.

*COMAR 08.07.08.05*

A. Qualifications; Issuance. The Department shall issue a forest products operator license to any applicant who:

  (1) Pays the fee of $20 per year; and

  (2) Completes a form provided by the Department indicating the applicant’s sales of forest products during the previous calendar year.

B. Licensee to Carry Insurance. Every licensee shall obtain workman’s compensation insurance in an amount meeting the minimum requirements established pursuant to the Maryland Workers’ Compensation Act under Title 9 of the Labor and Employment Article, prior to the Department issuing the license. The licensee shall maintain the insurance protection for the period the license is in effect.

#### Regulation .06 Prohibited Conduct.

*COMAR 08.07.08.06*

Illegal Action and Activity. A person may not:

A. Solicit, advertise, or represent oneself to the public as a forest products operator without having received a license;

B. After having received the license and subsequently losing it by revocation or suspension, continue to represent oneself as a licensed forest products operator; or

C. Use the title or abbreviation “F.P.O.” or any other words, letters, or abbreviations tending to indicate that one is a licensed forest products operator without having received a license, or when the license has been revoked or suspended.

#### Regulation .07 Suspension and Revocation.

*COMAR 08.07.08.07*

A. The Department may permanently revoke or temporarily suspend the license of any licensed forest products operator who:

  (1) Is guilty of any fraud or deceit in obtaining the license;

  (2) Violates any provision of Natural Resources Article, §5-608, Annotated Code of Maryland or this chapter.

B. The Department shall provide notice of its intent to suspend or revoke a license in accordance with Natural Resources Article, §5-608(c), Annotated Code of Maryland.

#### Regulation .08 Voluntary Firewood Heat Treatment Certification.

*COMAR 08.07.08.08*

A. Definitions.

  (1) In this regulation, the following terms have the meanings indicated.

  (2) Terms Defined.

    (a) “Certificate” or “certification” means a written confirmation or document from the Department which affirms that firewood heat-treatment meets the requirements of this regulation at the time of inspection.

    (b) “Certified forest product operator” means a licensed forest product operator who has obtained a certificate as defined in this section.

    (c) “Compliance agreement” means a written agreement between a licensed forest product operator and the Department in which the licensed forest product operator agrees to comply with the provisions of this regulation.

    (d) “Department” means the Department of Natural Resources.

    (e) “Firewood” means cut wood products intended for burning.

    (f) “Heat-treated firewood” means firewood produced by a certified forest product operator that has been heated to a minimum temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln for at least 75 minutes.

B. Requirements for Heat-Treated Firewood.

  (1) The following requirements apply to a certification for heat-treated firewood:

    (a) All firewood labeled and sold as heat-treated firewood shall be heated to a temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln for at least 75 minutes;

    (b) All firewood labeled and sold as heat-treated firewood shall be stored in such a manner to avoid infection or infestation by pests or plant disease pathogens, and at least 4 inches above ground;

    (c) All kiln controls, thermocouples, or other temperature instrumentation shall provide accurate outputs and readings;

    (d) Kiln methods and operations shall maintain for a minimum of 75 minutes a temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln;

    (e) A record-keeping system shall document:

      (i) For each treatment cycle, the date, time the required temperature is achieved, and duration for which the required temperature was maintained; and

      (ii) For each shipment of heat-treated firewood, the name and address of the receiving person or entity, the destination, and the date of shipment;

    (f) Records required by §B(1)(e) shall be maintained for at least 2 years; and

    (g) All firewood sold as heat-treated firewood shall be labeled with:

      (i) The name and address of the certified forest product operator;

      (ii) The certificate number and date of expiration of the certificate; and

      (iii) The following statement: “State of Maryland Department of Natural Resources Certified Heat-Treated Firewood Operator. This firewood was heat-treated for at least 75 minutes to a temperature of at least 71.1° C (160° F).”

  (2) Facilities, equipment, and records for firewood heat-treatment shall be inspected by the Department prior to issuance of a certificate, renewal of a certificate, and at any other time the Department considers necessary.

C. Certification Application. To attain certification, an applicant shall:

  (1) Complete an application form provided by the Department;

  (2) Remit a fee of $30; and

  (3) Enter into a compliance agreement with the Department.

D. Certification Term and Renewal.

  (1) A certificate shall remain valid for 1 year from the date issued by the Department.

  (2) A certificate renewal application form shall be submitted, with a fee of $30, to the Department no later than 60 days prior to expiration of the certificate.

E. Suspension and Revocation.

  (1) The Department may permanently revoke or temporarily suspend the certification of any licensed forest products operator who:

    (a) Is guilty of fraud or deceit in obtaining the certification;

    (b) Violates any provision of Natural Resources Article, §5-608, Annotated Code of Maryland, or this chapter; or

    (c) Violates any provision of the compliance agreement.

  (2) The Department shall provide a certified forest products operator with notice of its intent to suspend or revoke a certification and the right to a contested case hearing in accordance with COMAR 08.01.04.