# New Law in Tennessee:Native timber/lumber



## TnAndy (Sep 15, 2005)

After 2 years of working with my legislator (Mathew Hill), there is now a new law in Tennessee regarding the use of lumber cut from native timber. 

Signed into law by the governor 05/20/2016, effective 05/23/2016.

This law allows any commercial sawmill operator to certify (requirements below) lumber sawed from Tennessee timber for use in residential construction in lieu of a grade stamp, and building code officials must accept this.

The second thing it does is allow anyone to use lumber sawed off their own place for use on their own place to certify themselves that the lumber can be used in lieu of graded stamped lumber. So if you have a small sawmill like I do, or if you have a portable one come to your place and saw your logs, you can now use that to build a house (just like was the case for hundreds of years), and not have to meet building code stamped lumber requirement.

This law is similar to laws in some other States regarding native timber/lumber.

A small amount of freedom has been returned to the people.



*SENATE BILL 822 *
*By Bailey*
*HOUSE BILL 978 *
*By *
*Hill M*
*AN ACTto amend Tennessee Code Annotated, Title 5; Title 6; Title 43, Chapter 28, Part 3 and Title 68, Chapter 120, relative to native species lumber.*
*BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:*
*SECTION 1. *
*Tennessee Code Annotated, Title 43, Chapter 28, Part 3,is amended by adding the following as a new, appropriately designated section:*
*(a) This sectionshall be known and may be cited as the &#8220;Tennessee Native Species Lumber Act.&#8221;*
*(b)*
*As used in this section:*
*(1) &#8220;Agricultural building&#8221; means any structure used primarily for agricultural purposes or for forest product production;*
*(2) &#8220;Commercial sawmill&#8221; means any type of sawmill that produces lumber for sale;*
*(3) &#8220;End user&#8221; means any person who purchases native lumber from a commercial sawmill for the purpose of residential construction;*
*(4) &#8220;Grader&#8221; means the owner of a commercial sawmill, or the owner&#8217;s designated employee, who has visually inspected each piece of lumber; and*
*(5) &#8220;Native timber&#8221; means any hardwood or softwood species growingwithin the borders of this state.*
*(c) (1) The operator of any commercial sawmill may, when requested by the end user of the native lumber, certify in writing to the purchaser that the quality and safe working stresses of the lumber are equal to or better than No. 2 grade, in accordance with the conditions set forth in the American Softwood Standard PS 20&#8211;70 of the United States department of commerce, as amended; provided, that the minimum grade of lumber use din load-bearing wall members shall be stud grade.*
*(2) The certification provided pursuant to subdivision (c)(1) shall includeA) The name of the wood species; (B) The quantity of wood certified;(C) The location where the wood is to be used; *
*(D) Whether or not the wood is seasoned; (E) The name of the commercial sawmill where the wood was cut; (F) The name of the grader; and(G) The date on which the wood was cut at the commercial sawmill and graded. *
*(3) *
*(A) Upon the request of the local building official, the end user shall provide written certification of the quality and safe working stresses of the native lumber provided by the commercial sawmill operator pursuant to subdivision (c)(1),as part of the building permit application.*
*(B) The certification provided pursuant to subdivision (c)(3)(A) shall be accepted by code officials in lieu of any grade stamp requirements.*
*(d) Any person who uses the native timber harvested from and used entirely on the person&#8217;s own property shall, if required, certify that the lumber meets the requirements of any building codes*
*.*
*(e) No certification of native lumber shall be required in the construction of an agricultural building.*

*SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
*


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## Dan in Ohio (Jul 16, 2005)

Good job, Andy! Congrats!


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## vicker (Jul 11, 2003)

Way to go!


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## just_sawing (Jan 15, 2006)

Fantastic. This at a time that small mills are in trouble with the decline of the tie market is great.


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## dademoss (May 2, 2015)

Wtg !


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## just_sawing (Jan 15, 2006)

Reading the Law it sounds like in some places it is limiting you to only cut wood from their farm for their house. Was the intent for that or am I reading it wrong?


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## TnAndy (Sep 15, 2005)

Two parts, the way I read it:

1. A commercial mill can (at their option) certify any lumber sawed from any logs that were harvested in TN , following the requirements 5-2, A thru G. The purpose of that part was to promote the use of Tennessee timber to be used IN Tennessee rather than being forced to buy mostly lumber imported from other places.

2. A person can harvest logs from their own place, either saw the lumber themselves, OR have it sawed by anyone else, and use it on their own property. They do their own 'certification' if a building code official requires it....their logs, their lumber, their building.

And I take it the property the logs were cut off, and the property the house is built on DO NOT HAVE TO BE THE SAME. 

In other words, like happened to me in the late 90's, my pine was hit hard with pine beetle and were dying. So I sawed enough pine lumber to frame 3 rental houses, all located 3 different properties, which I owned (and later sold all 3) At that time, it wasn't an issue, because there was no building code here. 

NOW, I couldn't do the exact same thing (we do have codes now)....which is why I got Rep. Hill involved in this law.


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## just_sawing (Jan 15, 2006)

I like it. I am at the point of the kids needing homes and this way they can have them without debt.


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