Timber protections in San Mateo County threatened

by Lennie Roberts

San Mateo County's hard-won logging protections are under attack. In a recent ruling directly at odds with a landmark 1995 decision upholding San Mateo County's Timber Buffer Zone regulations, the Sixth District Court of Appeal ruled that local governments may not regulate the location of timber harvest operations.

The Sixth District disagreed with a prior appellate court decision in Big Creek Lumber v. County of San Mateo. In that case, the First District Court of Appeal ruled that although state timber regulations preempted county control over the how of timber harvesting, they did not apply to the where of such operations.

This recent decision throws into question a carefully crafted 1,000-foot buffer zone separating logging operations from residences on non-commercial timberlands. Many residential areas of San Mateo County, such as Skyline, La Honda and Loma Mar, where homes are located in residentially-zoned districts within heavily forested areas, could be affected by this decision. Commercial logging operations in these areas could increase fire hazards, landslides and erosion, damaging local water supplies.

San Mateo County's timber buffer ordinance was enacted in the early 1990's in response to protests by CGF and public outcry regarding "cut and run" loggers harvesting trees on parcels as small as five acres. Although Big Creek Lumber challenged these protections, the First District Court in 1995 upheld the county's buffer zone.

During the late 1990's, Santa Cruz County sought to restrict logging because of complaints from residents in the forested rural areas of the county. Santa Cruz County chose a different set of regulations, including setbacks from riparian corridors, restrictions on helicopter logging and a prohibition of timber harvesting in certain zoning districts. Big Creek Lumber sued Santa Cruz County and the California Coastal Commission, contending that state law preempted the regulations. The Court of Appeal agreed with the lumber company.

As requested by Santa Cruz County, the state Supreme Court has agreed to hear the appeal due to conflicting published opinions from two different appellate courts. San Mateo County has indicated it will be defending its ordinance. CGF strongly supports San Mateo County's efforts to uphold its Timber Buffer Zone regulations and ensure the protections of our important forest habitat.