Clark County foresters: pick the right forest‑practice permit or risk a development moratorium

Hunter Decker, Clark County forester, told a November Learning Lab that choosing the correct forest‑practice permit up front is the single most important step to avoid legal delays and financial penalties when timber harvest and later development overlap.

"If steps aren't followed," Decker said, "you can trigger legal delays, development moratorium, or other financial penalties." He told attendees that landowners must pay forest excise tax, notify the Department of Natural Resources when operators change, and file continuing forest land obligation forms so there is a clear land‑use record after harvest.

Decker outlined permit classes and when each applies. County‑issued class 1 permits cover minor cutting (about 5,000 board feet or less). DNR handles class 2 (up to 40 acres) and class 3 (more than 40 acres), which typically require reforestation. For landowners intending to convert forest land for development, Decker said a county class 4 general or a Conversion Option Harvest Plan (COHP) is the correct pathway and avoids the automatic replanting obligation that accompanies standard harvest permits.

He highlighted two common mistakes: harvesting under the wrong permit class and beginning development while an FPA is open or absent. "Get the right permit up front, and life will be much easier," Decker said. He added that an approved DNR FPA that indicates replanting triggers a county notification that places a development moratorium on the harvested area; if cutting occurs without required permits the moratorium can apply to the whole parcel.

Decker described a single‑family dwelling waiver available through the county that can waive up to two acres of the state's replanting requirement for one house and accessory building but does not remove continuing forest land obligations on the remainder of the parcel. He also explained COHPs as a paired county/state approval path: the county performs a hypothetical type‑2 review of future development plans, identifies restricted areas to avoid falling into a six‑year moratorium, and that county finding is attached to the state application.

During the question period attendees asked whether hazardous‑tree removal requires a permit. Decker answered it depends on location and volume: within the urban growth area, harvesting under the 5,000 board‑foot threshold and outside critical areas may not need a permit; inside critical areas or above thresholds requires review. He advised keeping maps, FPA numbers and continuing forest land obligation forms together and contacting county staff or DNR early.

Decker closed by pointing listeners to the county Property Information Center and DNR application review system to look up parcel history, FPA numbers and any moratorium notes.

The Learning Lab concluded with staff offering follow‑up contact info and the announcement that sessions will resume in January 2026.