New law benefits small timber projects

For landowners, loggers, sawmills and those who manage the state’s natural resources, Montana House Bill 79 is an all-around win. Passed in April, this new bill creates a small timber sale exemption primarily for property owners to clear landings for a homesite, reduce wildfire risk by thinning, or clean up damage after wind events.

The bill was sponsored by newly elected Rep. Curtis Cochran (R), from the Montana House of Representatives for District 90. 

He mentioned, “I talked with the Department of Natural Resources, who came up with the exact wording, and they asked me to carry it, in partnership with the Montana DNRC Forestry Division. They all knew I was an old logger, so they figured I was a good one to do it.”

In the past, landowners would have had to contact the DNRC, have someone from the forestry division come and look at their trees, get a certificate, reach out to a sawmill, and contract with a logger. Then, once the trees were cut down, a follow-up inspection would take place to ensure proper cleanup. After all these steps, the landowner could then be paid for their load of wood. 

Cochran explained, “So, say you want to cut a tree in your yard, sell it to the mill, you have to have an agreement with the state DNRC, receive a brush number, give that number to the sawmill, load it up have to have that number with you. If it’s worth $500, you might get $475 after all the clean-up is done. Next, you call up the state forester, they come to inspect, then call the sawmill, and get a fire hazard reduction agreement.”

Hazard Reduction Agreements are a four-party contract between the state foresters, the landowner, the logger, and the sawmill owner. 

In general, HB79 removes many of the hoops that landowners have to jump through to take care of small timber projects on their property. Cochran said, “This red tape reduction inspires more guys to clear up fuels, helps landowners, and it helps the sawmills.”

The bill amends the definition of minimum slash hazard to include small-scale commercial timber harvest. Small scale will be defined as a one-time delivery to a purchaser or 5,000 board-feet (log scale) equivalent, whichever is greater. Landowners would still be required to contact a DNRC Service Forester to receive information on Forestry Best Management practices.

Projects would still be required to follow the Streamside Management Zone Law. And a written exemption would be issued for projects that meet the criteria as determined by a DNRC Service Forester. Landowners can only receive this exemption once a year. 

Various benefits of HB79 would include a reduction of the time required to administer HRAs on roughly 50 projects per year. Diminish the burden of paperwork and oversight expenses. The bill would also encourage property owners to sell the wood to forest product manufacturers instead of burning it in slash piles. And lastly, the hope is to motivate small forest landowners to actively manage their property to reduce wildfire risk. 

Cochran recommended, “Say you have an acre of land, and you want to build a home on it, someone from the DNRC forestry division can come out and help you decide what to keep, it’s like a free timber cruising. You’ll find out how many loads you’ve got, and how much it’s worth.”

Being a self-proclaimed gypo logger, Cochran noted, “When I was logging back in the 70s, we had 35 mills around Montana. Today we have five.” So, in turn, any measure that helps to bring more loads of wood to local mills it’s a positive outcome for Montana. For more information on HB79 or other bills, the DNRC website, dnrc.mt.gov, has a 2025 legislative session overview.