Preventing Timber Trespass and Theft in North Carolina
Timber trespass and theft can occur on any forest, at any time. Timber trespass, the unauthorized removal of trees, may occur unintentionally where property boundaries are unmarked, unmaintained, or remote. The outright, intentional theft of timber can be devastating to owners, their resources, and profitability. Although laws are in place to punish timber thieves and trespassers, tree harvests may often go undetected for months –making prosecution and restitution difficult.
This publication defines timber trespass and theft; lists preventive measures for landowners, pertinent North Carolina Law, and steps to assess lost timber value and seek legal recourse.
Timber trespass and theft are fairly infrequent in North Carolina. The intent of this publication is to ensure that you have taken all the necessary steps to avoid becoming a victim or theft or trespass. It may be nearly impossible to imagine the forest that you’ve nurtured could be harvested without your permission and/or in your absence. Preventive steps can help ensure your property against trespass. If theft ocurs you''ll need assistance and a plan for going forth.
The intent of this publication is to alert landowners and managers to the proactive steps that can be taken to avoid timber trespass and theft. The steps are fairly straight forward:
Clearly identify and mark property lines. Have a surveyor blaze and paint the boundaries of your property to prevent any theft, and if it occurs help to establish intentionality. Property boundaries must be identified by clearly visible vertical purple paint marks (at least 2 inches wide x 8 inches long) at intervals of not more than 100 feet. These marks should be between three and five feet above the base of the tree or post. Consulting foresters can often provide the service of reestablishing and marking boundary lines and/or assist in obtaining a licensed surveyor if needed. In short:
- Clearly post your property (conform to or exceed the legal requirements)
- Be diligent with boundary line maintenance
- Repaint as needed to ensure high visibility in all seasons
- Clearly identify property corners
Walk the property frequently to prevent trespass or theft. Frequent visits will allow you to detect harvesting operations occurring on neighboring properties. This is a particularly crucial issue for absentee landowners. Having someone walk the property at least once every year or so will keep you appraised of any issues arising in your absence, such as illegal dumping or squatters. If you are an absentee landowner, ask neighbors to notify you of any logging operations adjacent to your property. In short:
- Visit the property frequently
- Join or establish a formal or informal neighborhood watch group
- Post signage that indicates the property is under surveillance by such a group or insurer
- Encourage ag and hunting lease holders to monitor and report any suspicious activity on the property
Closely monitor neighboring logging operations. Risk of theft or trespass is at its greatest when adjoining landowners are harvesting their property. Learn or establish the name of the contractor harvesting the timber in case an issue arises. Alert neighbors of harvesting operation on your property in hopes that they will inform you when they have harvests planned. Good communication reduces theft and makes for good neighbors.
Work with reputable foresters when selling or harvesting timber. Professional foresters can plan and sell timber following best practices that ensure future productivity. Their work involves an estimate of worth, clearly marking the area for harvest and regular inspection of logging activity and close-out. Professional oversight ensures that harvest is confined to the sale boundary, complies with water-quality laws, and protects physical structures such as roads and fences.
Stay informed of changes or proposals to change the current North Carolina laws that protect landowners against timber thieves. The North Carolina Forest Service, NC State University Department of Forestry and Environmental Sciences, NC Cooperative Extension, consulting foresters, and groups such as the Society of American Foresters (SAF), NC Woodlands, and the North Carolina Forestry Association (NCFA) are all reputable sources of information on possible changes in the laws. Participate where you can to strengthen landowner legal protections.
The law
Distinguish between: Timber theft is when someone intentionally steals trees from an owner, while timber trespass is when a logger cuts down an adjacent landowner’s trees.
§ 14‑128. Injury to trees, crops, lands, etc., of another.
Any person, not being on his own lands, who shall without the consent of the owner thereof, willfully commit any damage, injury, or spoliation to or upon any tree, wood, underwood, timber, garden, crops, vegetables, plants, lands, springs, or any other matter or thing growing or being thereon, or who cuts, breaks, injures, or removes any tree, plant, or flower, shall be guilty of a Class 1 misdemeanor: Provided, however, that this section shall not apply to the officers, agents, and employees of the Department of Transportation while in the discharge of their duties within the right‑of‑way or easement of the Department of Transportation. (Ex. Sess. 1924, c. 54; 1957, c. 65, s. 11, c. 754; 1965, c. 300, s. 1; 1969, c. 22, s. 1; 1973, c. 507, s. 5; 1977, c. 464, s. 34; 1993, c. 539, s. 68; 1994, Ex. Sess., c. 24, s. 14©.)
Timber Trespass on Public Lands
§ 14-130. Trespass on public lands.
If any person shall erect a building on any state-owned lands, or cultivate or remove timber from any such lands, without the permission of the State, he shall be guilty of a Class 1 misdemeanor. Moreover, the State can recover from any person cutting timber on its land three times the value of the timber which is cut. (1823, c. 1190, P.R.; 1842, c. 36, s. 4; R.C., c. 34, s. 42; Code, s. 1121; Rev., s. 3746; 1909, c. 891; C.S., s. 4302; 1979, c. 15; 1993, c. 539, s. 70; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14‑131. Trespass on land under option by the federal government.
On lands under option which have formally or informally been offered to and accepted by either the North Carolina Department of Environment and Natural and Cultural Resources or the Department of Environmental Quality by the acquiring federal agency and tentatively accepted by said a Department for administration as State forests, State parks, State game refuges or for other public purposes, it shall be unlawful to cut, dig, break, injure or remove any timber, lumber, firewood, trees, shrubs or other plants; or any fence, house, barn or other structure; or to pursue, trap, hunt or kill any bird or other wild animals or take fish from streams or lakes within the boundaries of such areas without the written consent of the local official of the United States having charge of the acquisition of such lands.
Any person, firm or corporation convicted of the violation of this section shall be guilty of a Class 3 misdemeanor.
The Department of Environment and Natural Resources Environmental Quality through its legally appointed forestry, fish and game wardens is hereby authorized and empowered to assist the county law‑enforcement officers in the enforcement of this section."
Timber Trespass on Private Lands
§ 14‑135. Cutting, injuring, or removing another’s timber.
If any person not being the bona fide owner thereof, shall knowingly and willfully cut down, injure or remove any standing, growing or fallen tree or log off the property of another, the person shall be punished the same as in G.S. 14‑72. (1889, c. 168; Rev., s. 3687; C.S., s. 4306; 1957, c. 1437, s. 1; 1993, c. 539, s. 77; 1994, Ex. Sess., c. 24, s. 14©; 2009‑508, s. 1.)
(a) Any person, firm or corporation not being the bona fide owner thereof or agent of the owner who shall without the consent and permission of the bona fide owner enter upon the land of another and injure, cut or remove any valuable wood, timber, shrub or tree therefrom, shall be liable to the owner of said land for double the value of such wood, timber, shrubs or trees so injured, cut or removed.
(b) If any person, firm or corporation shall willfully and intentionally set on fire, or cause to be set on fire, in any manner whatever, any valuable wood, timber or trees on the lands of another, such person, firm or corporation shall be liable to the owner of said lands for double the value of such wood, timber or trees damaged or destroyed thereby.
(c) Any person, firm or corporation cutting timber under contract and incurring damages as provided in subsection (a) of this section as a result of a misrepresentation of property lines by the party letting the contract shall be entitled to reimbursement from the party letting the contract for damages incurred. (1945, c. 837; 1955, c. 594; 1971, c. 119; 1977, c. 859.)
Posting Timber Land
§ 14-159.7. Regulations as to posting of property.
For purposes of posting property under G.S. 14-159.7, the owner or lessee of the property may use either of the following methods:
(1) The owner or lessee of the property may place notices, signs, or posters on the property. The notices, signs or posters shall measure not less than 120 square inches and shall be conspicuously posted on private lands not more than 200 yards apart close to and along the boundaries. At least one such notice, sign, or poster shall be posted on each side of such land, and one at each corner thereof, provided that said corner can be reasonably ascertained. For the purpose of prohibiting fishing, or the taking of fish by any means, in any stream, lake, or pond, it shall only be necessary that the signs, notices, or posters be posted along the stream or shoreline of a pond or lake at intervals of not more than 200 yards apart.
(2) The owner or lessee of the property may place identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight inches in length, and the bottom of the mark shall be no less than three feet nor more than five feet from the base of the tree or post. The paint marks shall be placed no more than 100 yards apart and shall be readily visible to any person approaching the property. For the purpose of prohibiting fishing, or the taking of fish by any means, in any stream, lake, or pond, it shall only be necessary that the paint marks be placed along the stream or shoreline of a pond or lake at intervals of not more than 100 yards apart. (1949, c. 887, s. 2; 1953, c. 1226; 1965, c. 923; 1975, c. 280, ss. 2, 3; 1979, c. 830, s. 11; 2011-231, s. 2.)
Reporting a theft
Most cases of timber harvest (without permission of its owner) wind up in civil court because intent can be difficult to prove. Landowners who didn't have their property lines clearly marked can find it hard to prove someone intended to take the trees. Make sure there are no disputes regarding the location of boundary lines, past or present, through research at your local Register of Deeds office as well as your adjacent landowners.
Documenting the extent and value lost
In most cases where a timber theft or overcutting a line has transpired it is best to employ a forester to document the extent of the cutting . This is typically done with a detailed "stump cruise" whereby a measurement of each stump is made including species and a volume estimate of the removed tree is made. There is software available to aid in stump cruising, including a free version available from the US Department of Agriculture, U.S. Forest Service entitled Timber Theft Program. The software helps categorize cut trees by species and size and a regression equation helps determine volumes removed. Alternatives to this method involve a correlation of stump size to diameter at breast height to accurately assess the volume of similar species in the general area of the theft. Removed trees are tallied and volume and value estimate are made from the collected data. Having a stump cruise performed by a registered forester is key to having a fair, defensible calculation of the loss that is evidence-based.
Summary
While double compensation for removed trees is possible, it is impossible to replace the mature trees that have been cut illegally. However, the law can help enforce the illegal cutting of trees by a third party and provide compensation for property owners whose trees have been removed. Frequent maintenance of property lines, vigilance and monitoring of activities on adjacent lands can decrease the likelihood of loss. Careful documentation and swift reporting increases the probability of just compensation once a timber trespass has occurred.
References
Baker, S., Mortimer, M. and J. Gagnon. 2010. Dealing with timber theft. Virginia Cooperative Extension Service Pub 420-136.
Hepler, D.A. and J. Aginsky. 2008. Timber Trespass in a Nutshell: Understanding, Preventing, and Obtaining Compensation for Wrongful Tree Cutting.
Page, J.R. and J. Turnage. 2010. Timber trespass legislation in North Carolina. In NCWoodland Review Summer, Vol 5 No 2.
USDA US Forest Service. 2016. Timber theft software and Users guide.
Correct placement of posting (purple blaze) of property to comply with the NC Landowner Protection Act. Posting with purple paint allows law officers to enforce trespass. Note: users will require a permission slip to legally be present.
NC Wildlife Resource Commission CC BY 4.0
Publication date: May 17, 2019
Revised: Nov. 3, 2024
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