Recently logging reform got real personal for me when I accidentally discovered an illegal logging job in my neighborhood.

What made me suspect that the operation was illegal? The first clue was that there was no sign posted. Every log job in West Virginia must post a sign giving the name and license number of the logger. When I looked on the vehicles and equipment, I noticed none of them identified the company either. This made me think they were trying to remain "anonymous!"

Walking around the logging site, I found I could barely navigate the terrain. Trucks, dozers, and skidders had churned the ground into a weirdly viscous mud the consistency of quicksand, trying to pull my boots off every step. Dozers and skidders had plowed right through streams and swampy areas, another outright violation of state law.

I called the West Virginia Division of Forestry to check into the operation. They confirmed that the log job was indeed completely illegal on several counts. In addition to no sign, they had not filed a required Timbering Operation Notification Form, which would have described the operation and measures required to protect streams. The operator was in fact not licensed, as required by state law. No certified logger was identified for the job, again counter to state law.

In addition to certification deficiencies, the operation had plowed right through streams, without placing culverts or taking care not to pollute the waters. I learned that the log job had already been reported to the WV Division of Environmental Protection because of observed water pollution. If they had filed a timber notification, Division of Forestry workers would have been sure to include protective measures to prevent stream pollution as required by law.

I felt reassured when Forestry told me they had issued a Suspension Order (stop logging right now) and a Compliance Order (what to do to be able to log legally). Besides the obvious costs to the public of having the public waters polluted and the soil needlessly damaged, this kind of renegade log job is likely to have paid no severance tax, workers comp, unemployment insurance, etc. And no fully qualified logger is on the job.

Imagine my surprise two days later to find a sign up and the logging under way again. A quick call to Forestry revealed that, in their assessment, the logger was now in full compliance with the law and able to resume work. That was quick! Consider that the outfit had to get a West Virginia business license, hire a certified logger, obtain a license as a logging operator, and file a timbering notification.

I contacted Forestry one final time to find out what they intended to do about the illegal logging. Prior to the resumption after the sign was posted, Forestry agreed with me that there was no doubt that the log job had been completely illegal. Not only did they fail to satisfy certification type of requirements, they had torn up the landscape and polluted the streams. Naturally, I asked what sanctions they intended to levy against the illegal operation. Answer: none.

I asked for clarification. You know that the operation was illegal for an unknown period before they were busted – right? Right. You know they were unlicensed, uncertified, and un-notified – right? Right. You know they were illegally damaging and polluting the stream – right? Right. And they probably didn’t pay severance, unemployment, and workers’ comp taxes – right? Probably.

Finally I asked: Is this standard procedure, that nobody is held accountable for their illegal logging prior to being busted? That they could be nearly finished with a major illegal log job, with no consequences? That laws could be flouted, streams polluted, taxes unpaid – all with no consequences?

The answer was yes. The Division of Forestry focuses on bringing logging operations into compliance. Consequences for violations that led to a compliance action on the same log job are not assessed or pursued.

What about monitoring to assure that the operation is genuinely complying as required? Again to Forestry: Will you be checking, since you know they operate illegally when they can get away with it, to see that they are now logging responsibly and legally? Answer: We plan to send someone to take a look. Q: Will it be soon, since we know they could operate improperly, finish the job, and disappear unless Forestry gets there soon? A: I really can’t say when we’ll visit the job.

I suppose I shouldn’t have been so surprised by the blatant disregard for logging law and regulations. According to the Division of Forestry’s 1998 annual report, nearly 40% of compliance inspections found logging operations that were out of compliance. Almost 10% never even bothered to file a timbering notification – the most basic requirement under state law.

Do we need to reform the regulation of logging in West Virginia? My experience says yes, indeed! We’ve got a problem here!