Moving firewood in New York: state rule, heat treatment and penalties

This page reports what the official source says. It is not legal advice: ask the office named here. It sets out what the New York State Department of Environmental Conservation (DEC) says about moving firewood, the regulation behind it, and the quarantines that sit on top of it.

The rule in one place

The DEC says a regulation enacted in 2009 limits the transport of firewood, to stop the accidental and often long-distance spread of invasive pests. The agency says the rule covers all species of wood, cut or not cut, split or not split, that is destined for use as fuel. Logs are covered only if their intended use is as firewood. The text is on the DEC firewood page.

Untreated firewood may not be imported into New York from any other state or country.
Untreated firewood grown in New York may not be transported more than 50 miles, measured as linear distance, from its source or origin unless it has been heat treated.
Heat treated means a core temperature of 71 degrees C (160 degrees F) for 75 minutes.

Paperwork that travels with the wood

The DEC lists what has to accompany a load. Untreated firewood cut for personal use needs a Self-Issued Certificate of Origin. Untreated firewood that was bought needs a receipt or label that names the source. Heat treated firewood needs a receipt or label with the words "New York Approved Heat-Treated Firewood/Pest Free". The agency says heat treated firewood may be moved unrestricted.

The DEC separates origin from source. Origin is where the wood grew. Source was created for firewood producers who gather wood from several places: a producer may collect wood grown within 50 miles of the business and declare the business as the source. The page says the producer must keep records for at least two years on the amount collected and where it came from, and must give customers labels or receipts with the business address and contact information.

The page says proof of source, origin or heat treatment is needed during transport and may be discarded once the firewood reaches its destination, or kept until all the wood is used if it is going to several sites. No documentation is needed for firewood used on the property where it was cut, unless it is carried on public roads from one area of the property to another.

It also says seasoning firewood is not an acceptable treatment for wood that will be moved away from its source, and that kiln drying alone is not regulated, so it does not necessarily reach the 71 degrees C for 75 minutes that counts as heat treated.

What the regulation text says

The regulation is 6 NYCRR 192.5. The Cornell Legal Information Institute copy carries its prohibitions. No person shall buy, sell, possess or import untreated firewood into the state from any location outside it. No person shall buy, sell or possess untreated firewood within the state without source documentation or a self-issued certificate of origin. No person shall buy, sell or possess untreated New York firewood more than 50 miles from its source. Retail treated firewood must carry the label described in the regulation, and treated firewood moved in the state must carry that label or a plant health certificate from a state agriculture department, USDA or an equivalent authority. The definition of firewood leaves out kiln dried dimensional lumber and wood chipped to pieces no greater than 1 inch in two dimensions. The LII site reproduces the text and is not the state's own site.

Quarantines that stack on top

The DEC says federal and state quarantines for individual pests, such as Asian longhorned beetle, regulate host materials, and that the stricter of the quarantine and the firewood regulation applies. Its example: if a mover reaches a quarantine boundary before 50 miles, the quarantine stops further movement.

New York's Department of Agriculture and Markets says on its Asian longhorned beetle page that state and federal quarantines prohibit moving the beetle and any regulated article out of the quarantine areas. Regulated articles include any host wood, infested or not. It says one active quarantine area remains, in central Long Island, covering parts of Nassau and Suffolk counties, and that wood that is not infested can move under a permit or compliance agreement with the state to an approved disposal site.

Enforcement and penalties

The DEC says any law enforcement officer can enforce the regulation, including its Environmental Conservation Officers and Forest Rangers, state park police, Agriculture and Markets horticultural inspectors, and state, county or local police. Under the Environmental Conservation Law, it says violations are subject to a fine of US$250, plus a civil penalty of US$100 and up to 15 days in jail. Untreated firewood moved in violation may be ordered back to its source or origin, or confiscated and destroyed. Questions go to the DEC at the toll-free number on its page.

For other states and provinces see the table on moving wood and firewood.