§ 17-2. Timber harvesting requirements for activities constituting forestry land management practices or agricultural operations.

(a)

This section shall apply only to timber harvesting operations that qualify as forestry land management practices or agricultural operations under O.C.G.A. § 12-7-17, not incidental to development, on tracts that are zoned for or used for forestry, silvicultural, or agricultural purposes.

(b)

All persons or firms harvesting standing timber for delivery as pulpwood, logs, poles, or wood chips to any wood yard or processing plant located inside or outside this State to provide prior written notice of such harvesting operations to the City Manager or designee prior to cutting any such timber. Such notice shall be in such form as prescribed by rule or regulation of the State, and shall consist of:

(1)

A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road;

(2)

A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under O.C.G.A. § 48-5-7.5;

(3)

The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and

(4)

The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber.

(c)

The notice may be submitted in person, by transmission of an electronic record via telefacsimile or such other means as approved by the Mayor and City Council or by mail.

(d)

The notice shall not be or remain effective for such harvesting operations unless and until the person or firm providing such notice has delivered to the City Manager or designee a valid surety bond, executed by a surety corporation authorized to transact business in this State, protecting the City against any damage caused by such person or firm in an amount specified by the City Council not exceeding $5,000.00 or, at the option of the person or firm harvesting timber, a valid irrevocable letter of credit issued by a bank or savings and loan association, as defined in O.C.G.A. § 7-1-4, in the amount of and in lieu of such bond. For purposes of this subsection any such surety bond or letter of credit shall be valid only for the calendar year in which delivered.

(e)

Notice shall be effective for such harvesting operation on such tract upon receipt of the same by the City Manager or designee and compliance with the requirements of subsection (d) of this section and until such time as the person or firm giving such notice has completed the harvesting operation for such tract; provided, however, that any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the City Manager or designee within three business days after such change.

(f)

Violation of the notice requirements of this section shall be punishable by a fine not exceeding $500.00.

State law reference

Authority for above section and permissible provisions, O.C.G.A. § 12-6-24.