1016 A NATIONAL PLAN FOB AMERICAN FORESTRY 



that an owner must be allowed to manage his forest in his own way, 

 provided he keeps within the limits of "conservative forestry". As 

 each State decides for itself, what constitutes "conservative forestry", 

 practically any degree of control may be adopted. In some of the 

 States the old forest laws are still in force; others have adopted new 

 laws, providing for an extension of public regulation beyond that 

 previously in effect. 



The essential provisions of the laws of the principal German states 

 are as follows: 



BADEN 18 



One third of the forest in Baden is privately owned. Three 

 fourths of this is in tracts of less than 20 hectares. Only 44 properties 

 are larger than 100 hectares, having an aggregate area of 7,000 hec- 

 tares, (approximately 17,300 acres). An owner may use his forest 

 as he pleases, so far as this does not interfere with the obligation to 

 maintain it as continuously productive forest. Management on a 

 sustained yield basis is not required. In order to insure that the 

 forest will be continuously productive, deforestation without per- 

 mission of the State forest service is forbidden, as is also the destruc- 

 tion or jeopardizing of the forest through mismanagement. Where 

 clearing is permitted, the land must be put to agricultural use within 

 a specified period. Permission to clear will not be granted if there 

 are valid objections by neighboring owners, or if the land is not 

 suited for agriculture. 



Clear cutting (or its equivalent) requires the consent of the local 

 authority ; consent is to be refused unless the applicant agrees to plant 

 the area as directed by the district forest office and unless the success 

 of artificial restocking is reasonably certain. 



All plantable forest land which will not become fully stocked natu- 

 rally must be planted. This includes land already denuded before 

 the law was passed. The district forest office is to see that sufficient 

 planting stock is grown, preferably in the private forests themselves, 

 or, if necessary, by public authorities, and that it is sold at low prices. 

 In case an owner fails to do the required planting at the time and in 

 the way specified, the State forest authorities are to do it at his 

 expense. 



If he destroys the forest or utilizes it in a way that threatens to 

 destroy it, his operations may be stopped, he may be fined, and the 

 forest may be put under control of a State forest officer for not less 

 than 10 years. On such a forest the owner must notify the forester 

 by April of the kind and quantity of timber he desires to cut in the 

 succeeding fiscal year. The forester marks the timber to be cut, in- 

 structs the owner in methods of felling and removing the timber and 

 by products, and inspects the cutting area to see that his instructions 

 are carried out. 



Cutting or hauling of timber at night is forbidden, as is night 

 grazing. The erection of buildings in or near forests, and the burning 

 of charcoal or use of fire for other purposes are subject to restrictions. 

 Forest properties of less than 20 hectares may not be subdivided 

 except by permission of the authorities. 



18 Muncke, Th. (editor), Das Badische Forstgesetz in seiner jetzigen Qestalt. (Law of 1833 as amended 

 in 1854, and supplementary ordinance of January 30, 1855.) Karlsruhe, 1874. 



Eichhorn, Das badische Forstgesetz und seine Erneuerung. Allgemeine Forst- und Jagdzeitung 105: 

 441-454. 1929. 



