# Sawmill lumber, Native Species Law



## TnAndy (Sep 15, 2005)

Does your State have a "Native Species" law or act, that allows you to use ungraded, non-stamped sawmill lumber for construction in a home ?

I know some States do, and I'm trying to find information on them, and how it works. Been talking with my local State legislator about introducing such an act here.

Basically, it allows the sawyer to certify the lumber meets at least #2 softwood lumber standards in his/her opinion, and that certification must be accepted by any code official in the State in lieu of a grade stamp on the lumber.

Kinda silly to be living in the middle of a forest and have to import lumber from the west coast or Canada because of a stamp.


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## just_sawing (Jan 15, 2006)

That would be wonderful.
I checked in on becoming certified to grade and the bottom line is that the PRIVATE company that controls this would be happy to give me a stamp after a class as long as I send them $300 dollars a month for the right. 
I understand the stated reason for having the standards but the bottom line is that it is a Sham company with a large Lobby.


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## moeh1 (Jan 6, 2012)

Even regulation happy NY allows it. Here is the first link I found, I assume the NYS websites have more detail.
http://www.villageofdolgeville.org/...07/Building-Permit-Application-Pgs.-18-25.pdf


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## TnAndy (Sep 15, 2005)

Yeah, that's the type thing I'm hunting for. Haven't had much luck with a search engine. I understand some of the more northern New England States have it as well, which is how I first heard about it (Maine, or New Hampshire, etc)

If you find a link to any State law, I'd sure appreciate it.

Thanks !


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## Dave S. (Jul 5, 2006)

A Google search for MA native lumber laws will bring something up.


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## moeh1 (Jan 6, 2012)

http://sos.ri.gov/documents/archives/regdocs/released/pdf/BCSC/7278.pdf

Link for Rhode Island regs ( down the pages a ways.


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## nosedirt (Sep 24, 2014)

Andy,
Slightly off topic...There is a movie called "Still Mine" with James Cromwell as the lead. It is set in Canada. He is building his own home and has his own sawmill but a local official is being quite nasty because his lumber is not graded. It is based on a true story. You might enjoy watching it as you proceed in your endeavor. It is currently on Netflix or you can get it through Amazon.


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## texican (Oct 4, 2003)

AFAIK, no code concerns here in Tx, if you build outside of town, and don't take out a mortgage. Never had any code inspectors visit. Don't believe our county even has any....


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## TnAndy (Sep 15, 2005)

texican said:


> AFAIK, no code concerns here in Tx, if you build outside of town, and don't take out a mortgage. Never had any code inspectors visit. Don't believe our county even has any....


Yep. It was that way here too until recently. The change came about gradually.

In the mid 80's, the counties were all required to passing some type of zoning laws so they could get Federal flood insurance. The idea was to prevent folks from building in flood zones unless they met certain requirements (such as the height of the foundation off the ground, base on 10 and 100 year flood expectations). Seemed reasonable, of course, but as with most creeping governmentalism, it didn't stop there.

At first, all you had to do was get a zero cost zoning permit. The county tax assessor loved it as well, since they could simply go by the zoning office and see who was building what.

Then a few years ago, the fee went to 50 bucks.

Then, 2 years ago, the whole State got covered by a State law on building inspection. Some places are still sorta slow about adopting it, but most counties now have it in place. (The creeping continues). Permits now run close to 500 bucks.

So far, agricultural buildings are exempt, but as with any creeping, I feel sure they will tighten that 'loophole' at some point as well......"the public health and welfare requiring it".....as they say in the start of a lot of legislation.


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## Hoopjohn (Mar 8, 2013)

Here in Wisconsin, only graded lumber with a stamp can be used for structural purposes in residential construction. The entire state (with a couple of small exceptions) requires building inspections before an occupancy permit will be issued.

It boils down to this. Houses must use graded lumber. Garages and outbuildings may still use non-graded lumber. This is a rather recent regulatory change, I'm guessing within the last 5 - 8 years.


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## TnAndy (Sep 15, 2005)

[FONT=&quot]Here is the Act I've submitted to my legislator. He said he will introduce it new week when he returns to Nashville. IF any of you are at all interested in this, you might contact your State reps and advise them of your feelings on the issue.

[FONT=&quot]Also, [FONT=&quot]anyone from anywhere feel free to comment on th[FONT=&quot]e proposed act, good or bad !

[FONT=&quot]Thanks[/FONT]
[/FONT][/FONT][/FONT] [/FONT]
*[FONT=&quot]
[/FONT]*
*[FONT=&quot]Short Title[/FONT]*

[FONT=&quot]This act shall be known as The Tennessee Native Species Lumber Act.[/FONT]

*[FONT=&quot]Purpose[/FONT]*

[FONT=&quot] The general assembly recognizes the enormous contribution that the Tennessee forest products industry makes to the state. The continued health of the industry is vital to Tennessee's economic well-being. The purpose of this Act is to encourage the use of native Tennessee timber, and the lumber sawn from that timber, for the purpose of construction of residential and agricultural buildings. Recognizing that building codes, and/or inspectors, across the state may require graded and stamped lumber in the construction industry, this Act shall provide an alternative means to utilize Tennessee native forest products in the construction industry.[/FONT]

*[FONT=&quot]Definitions[/FONT]*

[FONT=&quot]Native Timber â shall be any hardwood or softwood species that grows within the borders of Tennessee.[/FONT]

[FONT=&quot]Commercial sawmill â Any type of sawmill that produces lumber for sale.[/FONT]

[FONT=&quot]Grader - The owner, or their designate employee, of a commercial sawmill that has visually inspected each piece of lumber subject to this Act. [/FONT]

[FONT=&quot]Agricultural Building - Any structure used primarily for the purpose of agriculture, or forest product production.[/FONT]

[FONT=&quot]End User â Person or persons who purchases native lumber from a commercial sawmill for the purpose of residential construction.[/FONT]




*[FONT=&quot]The Act[/FONT]*​ 
[FONT=&quot]1. [/FONT][FONT=&quot]The operator of any saw mill selling native lumber 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 20-70, or as amended, providing that lumber for use in load bearing wall members shall be of stud grade minimum. The certificate shall include wood species, quantity, location of use, green or dry, sawmill name, name of grader and date. Upon the request of the local building official, the end user shall furnish the certification as part of the building permit application. Any code official in the State of Tennessee shall be required to accept this certificate in lieu of, or equal to, any grade stamp on the lumber.[/FONT]

[FONT=&quot]2. [/FONT][FONT=&quot]Any person that uses the native timber from their own property, for use on entirely on their own property, shall, if required, certify their own lumber as meeting the requirements of any building code.[/FONT]

[FONT=&quot]3. [/FONT][FONT=&quot]No certification of native lumber shall be required in the construction of any agricultural building.[/FONT]

[FONT=&quot]
[/FONT]


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## riggerjack (Apr 21, 2014)

I see your intent, to certify the lumber, but paragraph 1 seems to have issues. Enabling the sawmill operator grade native lumber in accordance with ASS standards, is fine. 

Setting the standard that they can certify, the use for the wood is going to have other effects.

What does the operator do with the uncertifiable wood? Or the stud grade wood? Will he then need to keep copies of all his certifications? X Mbf stud grade, Y Mbf no 2, to person Z on AA/BB/CC date? 

All this does is add a paper trail to someone that took up work avoiding paperwork. I understand your purpose is to saw your own lumber, there's no need to complicate anyone else's gig for that.

Simplifying paragraph 1 seems like it would accomplish what you want. I suggest:

"1. The operator of any saw mill selling native lumber may, when requested by the end user of the native lumber, certify in writing to the purchaser the grading of said lumber according to the American Softwood Standard PS 20-70, or as amended. The certificate shall include wood species, quantity, location of use, green or dry, sawmill name, name of grader and date. Upon the request of the local building official, the end user shall furnish the certification as part of the building permit inspection. Any code official in the State of Tennessee shall be required to accept this certificate in lieu of, or equal to, any grade stamp on the lumber."

I change permit application to inspection for timeline reasons. Why would you need to buy the wood before even applying for a permit?

Just my $0.02.


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## mreynolds (Jan 1, 2015)

That's a cool idea. Did a search and cant find any in Texas. there may be one but probably not. Like was mentioned previously you can build out of town and AHJ with whatever you want. The codes only go so far as the local AHJ. We use mostly the IBC code statewide. The key to passing a law would be to garner interest with the national homebuilders assoc. They are the ones that pull the biggest strings with the IBC and the UBC.


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## gimpyrancher (Jun 6, 2010)

You might want to also check into Washington State. They have a published paper on the subject. It doesn't exactly override the certified wood but what it does allow is using rough sawn ungraded lumber one size over instead of graded lumber. Example being requiring a graded 2x10 for a use or rough sawn ungraded 2x12. Just one example. Also, graded lumber is required in many places "only" on load baring walls. Non-load baring interior walls can use rough sawn ungraded lumber.

Here is the referenced policy paper.

http://www.homesteadingtoday.com/attachment.php?attachmentid=43699&stc=1&d=1423173593


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## just_sawing (Jan 15, 2006)

I haven't heard the status of what the gov has done does anyone have a update.


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## FarmerKat (Jul 3, 2014)

just_sawing said:


> I haven't heard the status of what the gov has done does anyone have a update.


Would love to know the same.


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## TnAndy (Sep 15, 2005)

The law is sitting on my desk waiting on me to re-write it some, and hopefully it will pass in the next legislative session in January.


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## just_sawing (Jan 15, 2006)

434:59 Grading and Certification or Stamping of Native Lumber.
Currentness
I. For the purposes of this subdivision, ânative lumberâ means wood processed in the state of New Hampshire by mills registered in accordance with the provisions of RSA 227-I. Such wood shall be considered certified or stamped in accordance with the requirements of this section.
II. (a) Notwithstanding any provision of law to the contrary, a mill registered in accordance with RSA 227-I selling native lumber shall, when required, certify in writing to the purchaser on a form approved by the commissioner of agriculture, markets, and food 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 20-70, or as amended, provided that lumber for use in load bearing wall members shall be of stud grade minimum. The certificate shall include wood species, quantity, location of use, green or dry, sawmill name, name of permitted grader and date. The certification shall be filed with the local building official having jurisdiction as part of the building permit application.
(b) Notwithstanding subparagraph (a), a mill registered in accordance with RSA 227-I selling native timber may stamp such timber.
III. The commissioner of agriculture, markets, and food, in consultation with the division of forests and lands and the University of New Hampshire cooperative extension, shall establish standards for mill graders who will stamp or certify native lumber. The commissioner shall issue a written permit to each mill grader who has received training and who demonstrates by examination or other procedure prescribed by the commissioner in rulemaking, competence and ability to grade and certify or stamp native lumber in accordance with paragraph II of this section. No lumber shall be sold as certified or stamped native lumber unless it is accompanied by a certificate signed by a grader holding a valid permit.
IV. Any municipality which has adopted a building code which requires regular grade stamped lumber shall accept a stamp or a certificate prepared pursuant to this subdivision which certifies that the native lumber meets the appropriate structural standards in lieu of an accepted and recognized lumber grading stamp. Any structure which is built with such approved native lumber shall be considered equivalent to a structure built with regular grade stamped lumber.
Copyright Â© 2015 by the State of New Hampshire Office of the Director of Legislative Services and Thomson Reuters/West 2015.
N.H. Rev. Stat. Â§ 434:59, NH ST Â§ 434:59
Updated with laws current through Chapter 273 of the 2015 Reg. Sess., not including changes and corrections made by the State of New Hampshire, Office of Legislative Services
End of Document


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## gohammergo (Dec 18, 2005)

Hoopjohn said:


> Here in Wisconsin, only graded lumber with a stamp can be used for structural purposes in residential construction. The entire state (with a couple of small exceptions) requires building inspections before an occupancy permit will be issued.
> 
> It boils down to this. Houses must use graded lumber. Garages and outbuildings may still use non-graded lumber. This is a rather recent regulatory change, I'm guessing within the last 5 - 8 years.


A lot of this is gray area. I just built a house north of you, just up from Minoqcua. An attached porch was timber framed. We built it with ungraded lumber from a mill with the inspectors approval. The miller is a licensed grader, but was not required to have anything stamped. This was the case for structural lumber. I was told that the studs in the wall are not considered to be structural lumber, just anything bearing a load, such as headers, floor joists, rafters, etc.


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## miraclemant (May 28, 2011)

Where I live in South Central Tennessee, no building permits or inspections are required for ANY thing you want to build in my county.
The ONLY exception is if you are putting in a bathroom, the country then requires a $500 septic permit, That's all, No other permits, no other inspections. 
I was extremely surprised when the county assessor told me this. He told me that as long as I was not putting in a bathroom (one declared anyway) that I could just go ahead and build it, no permits needed. Don't know how long this will last, but love it while it lasts. 
Hopefully, it will still be the same in 2-3 years when I want to build a new house here. haha :banana:


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## Ryss (Nov 29, 2011)

Any updates TnAndy? 
miraclemant what county are you in? I'm in Putnam. Was recently told we now have building bs. : (


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## TnAndy (Sep 15, 2005)

Got sent back to bill sponsor this spring. Will try again this coming session. I re-wrote it to just allow for personal use, not commercial sale...which was the big hang-up. We'll see !


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## fishhead (Jul 19, 2006)

Good luck. Dealing with legislators or congress isn't easy and will test your patience.

We've been trying to get a hearing for our bi-partisan bill for the past 4 years and a small special interest group has gotten the chair of the committee to refuse to hear it in his committee. That effectively kills the bill for another year. The bill has 9 authors from both parties but one single legislator is preventing 201 other legislators from hearing and voting on the bill.


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