Moving firewood in Vermont: import ban, heat treatment and waivers

This page reports what the official source says. It is not legal advice: ask the office named here. It follows the Vermont Department of Forests, Parks and Recreation (FPR) and the rule its Commissioner adopted under 10 V.S.A. section 2681.

The ban

The FPR firewood quarantine page says the rule prohibits importing untreated firewood into Vermont. The rule text, in its section 4.1, says no person shall transport untreated firewood into Vermont from an origin outside the state. The FAQ says the same rules apply to all firewood, including wood for home heating, commercial use and campfires.

What counts as firewood

The official rule text defines firewood as treated or untreated wood processed for residential, recreational or commercial use in a wood-burning appliance or fireplace, cut to a length under 48 inches, split or unsplit. It leaves out wood chips, wood pellets, pulpwood, logs of 48 inches or more, and wood sold or transported for manufacturing, which includes wood sawn into boards, planks or beams. The FPR explains that short lengths are easy to redistribute far from where they grew, which is why the rule stops at 4 feet.

Treated firewood

Treated firewood may come in unless another state or federal rule or quarantine forbids it. The rule sets these terms in section 4.3.

A minimum core temperature of 160 degrees F (71.1 degrees C) held for at least 75 minutes.
Treatment at a facility certified by a regulatory agency, meaning USDA or the agency that regulates plant pests where the wood is treated.
Records at the facility on the method, the volume, the duration and the date, kept for at least three years and open to inspection by the Commissioner.
Certification of treatment travelling with the wood. It may sit in a phytosanitary certificate, invoice, bill of lading or label, and must carry the facility's name and physical address and the name of the certifying agency.

The rule lists kiln drying among methods a regulatory agency may approve to reach that standard. The FPR frequently asked questions have a separate entry on whether kiln drying is acceptable, so the FAQ is the page to read for the department's answer.

Vermont wood and wood passing through

The FAQ says the rule does not apply to firewood harvested in Vermont. It adds that other federal or state rules may apply when Vermont firewood goes into Canada, New York, New Hampshire, Maine or Connecticut. Section 4.4 lets untreated Vermont firewood travel through an adjacent state to a Vermont destination, with no stops except to drop off loads, refuel or wait at traffic lights.

Waivers

Under section 6.1 the Commissioner may waive some or all requirements on written request when a waiver is in the public interest and poses minimal threat to forest health. A request must give the origin of the wood, when it will arrive, where it will go and how it will be used, and the amount. The FAQ says a waiver might allow wood from locations near Vermont. The pre-filled waiver request link on the quarantine page carries a note that because of emerald ash borer, no waiver can be issued for ash firewood from infested counties unless it has been heat treated.

Enforcement and penalties

The FAQ says Agency of Natural Resources Environmental Enforcement Officers investigate violations and that complaints go to the Agency online or by phone. Non-compliant wood may be confiscated and destroyed. The Agency can bring enforcement action and assess penalties, and federal penalties apply to moving regulated firewood out of areas under federal emerald ash borer quarantine. Section 5.3 of the rule lets the Commissioner require immediate treatment or destruction of infested wood from outside Vermont.

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