WHAT STATE OR FEDERAL REGULATIONS MIGHT AFFECT MAPLE TAPPING?
The Oregon Forest Practices Act (FPA), passed by the Legislature in 1971, implemented in 1972, and recently revised in 2022 makes clear the stewardship expectations of the public for private and public lands, and ensures that landowners operating under its rules can manage their forests for a variety of objectives.
The Act sets standards for any commercial activity involving the establishment, management or harvesting of trees on Oregon’s forestlands. Road construction, slash disposal, pre-commercial thinning, harvesting, chemical application and petroleum use, quarry development for use in forest operations, site preparation for reforestation, and changing use from forest to non-forest are considered commercial activities subject to the notification requirements of the FPA. Tree planting, routine road maintenance, personal use firewood cutting, collecting of tree boughs, cones, tapping trees for syrup, and similar minor products do not require a notification.
The Act is administered by Oregon Department of Forestry (ODF) Stewardship Foresters. Landowners who plan to initiate the following activities on their land must file a Notification of Operation with ODF at least 15 days prior to starting the activity. A Notification of Operation form is available at ODF offices, or can be downloaded from the ODF website. Your local Oregon Department of Forestry Stewardship Forester can provide specific guidance on how the FPA may affect your forest management. Oregon Forest Resources Institute has prepared an excellent booklet describing the current RPA rules. It is only available as an online PDF at present, but by 2025 they expect to have printed copies available.
Many of the prime sites for production of maple syrup occur on maple trees in riparian areas. The updated (2022) Oregon Forest Practices Act provides increased protection for riparian areas based on their importance to streams that provide anadromous fish habitat. However, management of these areas for nontimber products, including tapping of maple trees to produce syrup, is not restricted. However, some management activities that a maple tree tapper might want to do could be affected by the FPA. This could include building roads to access tapping sites, removing trees or use of herbicides surrounding tap trees (to reduce competition for water and sunlight on the tap trees) or building permanent structures.
Finally, the Oregon FPA is not the only source of regulations or restrictions that could affect a maple tapping operation. In riparian area, particularly those with streams that are habitat for threatened or endangered species (fish, amphibians, mollusks, etc), Oregon and Federal regulations for protecting these species may apply if the riparian area or its’ vegetation is disturbed. Other regulations protect nesting and other habitat for threatened and endangered animal and bird species. More specific information on these restrictions can be obtained from the following agencies:
National Marine Fisheries Service Oregon State Habitat Office
1201 NE Lloyd Blvd., Suite 1100
Portland, OR 97232
503-231-2202
www.fisheries.noaa.gov/contact/west-coast-region
U.S. Fish & Wildlife Service Oregon State Office
2600 SE 98th Ave., Suite 100
Portland, OR 97266
503-231-6179
www.fws.gov/office/oregon-fish-and-wildlife
Oregon Dept. of Fish & Wildlife
4034 Fairview Industrial Drive SE
Salem, OR 97302
(503)947-6000
www.dfw.state.or.us/