North Carolina
 State Board of Registration for Foresters
 

 
 
 

  

 

Periodic Review of Existing Rules

N.C. Gen. Stat. 150B-21.3A, adopted in 2013, requires the North Carolina State Board of Registration for Foresters to review existing rules every 10 years. An initial review will be completed during the next five years, and thereafter rules will be reviewed on a 10-year review cycle. The Board's rules are located by subchapters in Title 21 of the NC Administrative Code. The Board's rules will be reviewed on a schedule established by the Rules Review Commission.

The Board is required to evaluate each of the existing rules and make an initial determination from one of these three classifications:

  • Necessary with substantive public interest - the agency has received public comment on the rule within the past two years or the rule affects the property interest of the regulated public, and the agency knows or suspects that any person may object to the rule.
  • Necessary without substantive public interest - the agency determines that the rule is needed, and the rule has not had public comment in the last two years. This category includes rules that identify information that is readily available to the public, such as an address or telephone number.
  • Unnecessary - the agency determines that the rule is obsolete, redundant or otherwise not needed.

Instructions

The public may provide comments for each rule from 8/01/2014 through 10/07/2014.

To submit a comment regarding a rule, do the following:

  1. Find the rule in the table below.
  2. Click on the "Comment" link in the rule row to open the comment page
  3. Complete the comments page and submit the comment

A public comment is defined as a written comment objecting to the rule, in whole or in part, received by an agency from any member of the public, including an association or other organization representing the regulated community or other members of the public (G.S. 150B-21.3A(a)(5)).
In order for a comment to be considered by the Rules Review Commission, the comment must address the content of the rule.

Comments may also be submitted by mail to:
NC Board of Registration for Foresters
PO Box 27393
Raleigh, NC 27611

RULE CITATION
AND
RULE NAME
RULE IMPLEMENTS OR CONFORMS TO FEDERAL REGULATION
[150B-21.3A(D1)]
BOARD DETERMINATION
[150B-21.3A(C)(1)A]
0101
PURPOSE OF PROGRAM
Comment
The rules in this Chapter shall govern the registration program for foresters.

History Note: Authority G.S. 89B-6;
Eff. February 1, 1976;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2000.
No Necessary without substantive public interest
0102
CONTACTING THE BOARD
Comment
All communications with the Board shall be through the secretary of the Board at the following address:
Secretary of the State Board of Registration for Foresters
P. O. Box 27393
Raleigh, North Carolina 27611.

History Note: Authority G.S. 89B-6;
Eff. February 1, 1976;
Amended Eff. February 1, 1985.
No Necessary without substantive public interest
0103
QUALIFICATIONS FOR REGISTRATION
Comment
(a) An application may be obtained from the Secretary of the Board.
(b) An applicant shall submit an application to the Secretary which shall include:
    (1) Legible official college transcripts, if applicable;
    (2) Five references as required in Rule .0105 of this Section;
    (3) Proof of professional work experience in forestry; and
    (4) Payment of application fee as set out in Rule .0107 of this Section.
(c) For purposes of G.S. 89B-9(a)(1) a forestry curriculum is a curriculum that satisfies the Education Requirements used by the Society of American Foresters (SAF) to become a Certified Forester.
(d) An applicant who holds a forestry degree from a university outside of the United States may qualify for registration if he/she provides verification to the Board which demonstrates that the degree is equivalent to SAF accreditation standards.
(e) The Board may issue a forester-in-training certificate to an applicant who has completed the education requirement in G.S. 89B-9(a)(1). The certificate is valid for 4 years. The time period shall be extended by the Board in case of hardship beyond the control of the applicant.

History Note: Authority G.S. 89B-6; 89B-9;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2010; August 1, 2000.
No Necessary with substantive public interest
0104
EXAMINATIONS
Comment
(a) The comprehensive written exam required by G.S. 89B-9(a)(1), called a Level 2 examination, focuses on the practice of forestry in North Carolina and shall be offered twice annually. There is no limit to the number of times that an applicant may attempt the examination.
(b) For applicants not meeting the education requirements in G.S. 89B-9(a)(1), a comprehensive written exam, called the Level 1 examination is required. The exam tests the applicants' knowledge of forestry approximating that obtained through graduation from a four-year curriculum in forestry and focuses on the practice of forestry in North Carolina. The exam shall be offered twice annually. There is no limit to the number of times that an applicant may attempt the examination.
(c) The Board shall notify applicants by certified mail, return receipt requested, not less than 30 days before the examination, as to the time and place of the examination. If the applicant fails to respond at least ten days prior to the date of the exam, it is assumed that the applicant does not plan to take the examination. The applicant's file shall then be considered inactive and no further action shall be initiated by the Board. The application fee shall be forfeited.
(d) The passing grade for registration is 70 percent on any exam. The determination by the Board as to the score on each exam shall be final.
(e) Re-examination fees are forty dollars ($40.00) per examination. 

History Note: Authority G.S. 89B-6; 89B-9; 89B-12;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2010; August 1, 2000.
No Necessary with substantive public interest
0105
REFERENCES
Comment
(a) Five references are required to satisfy the Board of an applicant's professional experience and moral character. Three or more shall be practicing, registered foresters in North Carolina. No more than one of the practicing forester references shall be an employee of the same firm or agency as the applicant. No member of the Board shall act as a reference for any applicant for registration.
(b) If a majority of the references do not recommend approval, the Board shall reject the applicant.
(c) If two of the references do not recommend approval, the Board shall request more detailed input from all references to use in evaluating the applicant. 

History Note: Authority G.S. 89B-6; 89B-9;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2000.
No Necessary without substantive public interest
0106
REGISTRATION FEES
Comment
Fees sent to the Board for any segment of the registration process shall be payable to the Secretary, Board of Registration for Foresters. The application fee for registration is fifty dollars ($50.00), which shall be submitted by the applicant at the time of application. An approved applicant shall submit an additional fee of forty dollars ($40.00) to receive a certificate of registration. Annual renewal fee is forty dollars ($40.00). The Board shall waive renewal fees for Registered Foresters for hardship circumstances, such as military deployment, extended illness, or other similar circumstances, upon written petition by the Registered Forester or Registered Forester's agent for this exemption. 

History Note: Authority G.S. 89B-6; 89B-10; 89B-11; 93B-15(b);
Eff. February 1, 1976;
Amended Eff. February 1, 1990; May 1, 1985;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2010; January 1, 2005; August 1, 2000.
No Necessary without substantive public interest
0107
INCOMPLETE APPLICATIONS
Comment
Any application for registration which is not complete within 12 months of the date of application shall be declared null and void and the application fee retained. 

History Note: Authority G.S. 89B-6;
Eff. February 1, 1976;
Amended Eff. May 1, 1989.
No Necessary without substantive public interest
0108
DELINQUENT FEES
Comment
The Board shall notify by mail or email all foresters registered by the Board for the previous year when they become 30 days in arrears in payment of renewal fees for the ensuing year. The notifications shall remind the delinquents of the required penalty fees.
 
History Note: Authority G.S. 89B-6;
Eff. February 1, 1976;
Amended Eff. August 1, 2010.
No Necessary without substantive public interest
0109
REGISTRATION CARD
Comment
In addition to the certificate prescribed by G.S. 89B-10, upon request and receipt of required fees, the Board shall furnish each registered forester with a card impressed with the seal of the Board indicating that the individual is a registered forester for the period indicated. 

History Note: Authority G.S. 89B-6;
Eff. February 1, 1976;
Amended Eff. August 1, 2010; May 1, 1989; February 1, 1985.
No Unnecessary
0110
REGISTRATION SEAL
Comment
Upon issuance of a certificate to an applicant as a registered forester, the applicant becomes eligible to purchase an impression type seal or rubber stamp of a design approved by the Board. This seal will bear the registrant's name and number as shown on the registration certificate. This seal can be affixed on all plans, maps, and reports prepared by the registrant. Where a registrant is required to reproduce original plans, maps, or reports in multiple copies, a suitable replica or rubber stamp may be employed to facilitate reproduction. The Board considers it flagrant misconduct for a registered forester to use a seal to stamp work done by another individual unless it is the work of an employee or agent working under the supervision of the registrant. The outside diameter of the seal shall be 1-9/16 inches. In ordering a seal, the registrant must provide the supplier with the proper registration number. 

History Note: Authority G.S. 89B-6;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985.
No Unnecessary
0111
REGISTRATION CERTIFICATE
Comment
(a) Registrations issued to successful applicants will be given consecutive individual numbers. Once issued to a registrant, a number will not be assigned again.
(b) A revoked, expired or invalid registration shall not be displayed in any public office or place of business by any registrant in connection with the practice of forestry.
(c) Any violation of this Rule may be cause for the Board to require the custodian of said registration to surrender it to the Board. 

History Note: Authority G.S. 89B-6; 89B-13;
Eff. February 1, 1976;
Amended Eff. February 1, 1985.
No Necessary without substantive public interest
0112
REGISTRATION REPLACEMENTS
Comment
The Board shall issue a new registration certificate identified by the same number as that of the original to replace any registration lost, destroyed, or mutilated upon receipt by the Board of a written request and a fee of five dollars ($5.00) from the registrant provided the Board's records show the original registration certificate is valid. This new registration shall bear the signatures of current officers, the date of reissue, and below the registration number the following: "Original registration approved_____(date)_____".

History Note: Authority G.S. 89B-6; 89B-11;
Eff. February 1, 1976.
No Unnecessary
0113
REJECTIONS
Comment
A person whose application for registration has been rejected shall be notified of the fact and of the basis for rejection. The applicant will be provided every opportunity to submit additional evidence and references for further consideration by the Board. Requests for reconsideration of the Board's action shall be made in writing to the Board. Failure to comply with a written request of the Board to appear for an interview or to appear for examination shall be considered as proper grounds for rejection of registration. 

History Note: Authority G.S. 89B-6; 89B-9;
Eff. February 1, 1976;
Amended Eff. May 1, 1989.
No Necessary without substantive public interest
0114
RE-REGISTRATION
Comment
Re-registration and renewals, including late renewals, shall be handled by the Board in accordance with G.S. 89B-11.
 
History Note: Authority G.S. 89B-6; 89B-10; 89B-11;
Eff. February 1, 1976;
Amended Eff. November 1, 1993; February 1, 1990; May 1, 1989; February 1, 1985.
No Necessary without substantive public interest
0115
CODE OF ETHICS
Comment
In their signed affidavits, all applicants shall indicate their agreement to adhere to the following Code of Ethics. The code shall be used by the Board to help govern its decisions in adjudicating flagrant misconduct in the practice of forestry under G.S. 89B-13.
Code of Ethics
(1) A Registered Forester shall practice forestry consistent with ecologically sound principles and all applicable laws.
(2) A Registered Forester shall not engage in unlawful acts or business practices.
(3) A Registered Forester shall present truthful, accurate, and complete information while practicing forestry.
(4) A Registered Forester shall practice forest management in accordance with landowner objectives and Forestry Best Management Practices as described in the "North Carolina Forestry Best Management Practices Manual to Protect Water Quality" published by the Department of Environment and Natural Resources, or will advise landowners of the consequences of deviating from Forestry Best Management Practices.
(5) A Registered Forester shall advertise and perform only those services for which the Registered Forester is qualified.
(6) A Registered Forester shall indicate on whose behalf any public statements are made, and keep proprietary information confidential unless the appropriate person authorizes its disclosure.
(7) A Registered Forester must avoid conflicts of interest or even the appearance of such conflicts. If, despite such precaution, a conflict of interest is discovered, it must be disclosed to the Registered Forester's employer or client, and the Registered Forester must attempt to resolve the conflict.
(8) A Registered Forester shall: act in a civil and professional manner; respect the needs, contributions, and viewpoints of others, and; give credit to others for their methods, ideas, or assistance.
(9) A Registered Forester shall not accept compensation or expenses from more than one employer for the same service, unless the parties involved are informed and consent.
(10) A Registered Forester having evidence of violation of this code by another Registered Forester shall present the information and charges to the State Board of Registration for Foresters. 

History Note: Authority G.S. 89B-6; 89B-9; 89B-13;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985;
Temporary Amendment Eff. June 1, 2001;
Amended Eff. September 1, 2010; August 1, 2002.
No Necessary without substantive public interest
0116
REVOCATION OR SUSPENSION
Comment
(a) The registration of any registered forester may be revoked or suspended by the Board for conduct found to violate the code of ethics adopted under Rule .0115 of this Chapter or G.S. 89B-13.
(b) Before any such Board action, the registrant shall have an opportunity for a full hearing in front of the Board. The hearing shall be held in accordance with procedures found in Article 3A of G.S. 150B. 

History Note: Authority G.S. 89B-6; 89B-13; 150B-3; 150B-38;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985.
No Necessary without substantive public interest
0117
RECIPROCITY
Comment
(a) For residents of North Carolina, within one year of establishing residency for voting purposes in North Carolina, individuals who are legally registered or licensed as foresters in another state, shall submit evidence of such registration or licensing to the Board. A statement from the Board of registration or licensing in the state in which they are legally registered or licensed attesting that they are legally registered or licensed to practice forestry in that state, and indicating the final date on which their registration or license remains valid, shall be accepted by the Board as adequate evidence. This provision does not apply unless the state in which the applicant is registered or licensed observes similar rules of reciprocity in regard to persons registered under the provisions of G.S. 89B.
(b) If the Board determines that the reciprocity applicant is qualified to practice as a registered forester in North Carolina, the Board shall issue a letter conveying this approval.
(c) The fee for obtaining such reciprocity is the same as is charged a North Carolina resident seeking to obtain registration in the state of North Carolina. (See Rule .0106 of this Section.) 

History Note: Authority G.S. 89B-6; 89B-9;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2010; August 1, 2000.
No Necessary without substantive public interest
0118
REGISTERED FORESTERS
Comment
(a) Persons registered as foresters under G.S. 89B are encouraged to insert the abbreviation R.F. (meaning registered forester) after their signatures.
(b) The authorized forms are:
    (1) for signatures only:
           (Name) R.F.
           official title
    (2) for certifications only:
           (Name) R.F.
            title or designation
            N. C. Registration No. 

History Note: Authority G.S. 89B-6;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985.
No Necessary without substantive public interest
0120
CERTIFICATION OF CONSULTING FORESTERS
Comment
Each registered forester who practices as a consulting forester shall file an affidavit with the Board each year by June 30, utilizing the proper form supplied by the Board.

History Note: Authority G.S. 89B-2; 89B-6;
Eff. November 1, 1993;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2000.
No Necessary without substantive public interest
0121
REJECTION OF CONSULTANT AFFIDAVIT
Comment
Any applicant whose application to be certified as a consulting forester is rejected by the Board shall be notified of the rejection and the basis for it. The applicant may request reconsideration by the Board and submit additional information. Requests for reconsideration of the Board's decision must be made in writing to the Board. The reconsidered decision shall be the Board's final agency decision. 

History Note: Authority G.S. 89B-2; 89B-6;
Eff. November 1, 1993.
No Necessary without substantive public interest
Comment
0122
HANDLING OF COMPLAINTS
Comment
(a) The Board, upon receipt of a notarized letter identifying specific complaints of gross negligence, fraud, deceit or flagrant misconduct in the practice of forestry or incompetence by a registered forester, shall follow-up by written correspondence to the accused requesting a response to the accusation. The Board may request the complainant, the accused registrant, or both to personally appear before the Board.
(b) Following a review of the facts and verification of the violation, the Board may choose appropriate action, which may include revocation or suspension of the registered forester status of the individual as outlined in Rule .0106 of this Section.

History Note: Authority G.S. 89B-2; 89B-6; 89B-13; 89B-15; 150B-3; 150B-38;
Eff. November 1, 1993;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2010; August 1, 2000.
No Necessary without substantive public interest
0123
CONTINUING EDUCATION
Comment
(a) All registered foresters shall attend continuing education courses annually to maintain their registration. Ten CFE (Continuing Forestry Education) credits approved by the Society of American Foresters are required each year, except as outlined in this Rule. CFE's must be SAF category 1, 2, or 3, with at least six being from category 1.
(b) Registered foresters shall verify CFE compliance to the Board with each annual renewal.
(c) Those registered foresters who provide information to the Board that verifies that they are retired from a career in forestry may qualify to continue their registration by earning a minimum of three category 1, 2, or 3 CFE's annually.
(d) The Board shall approve hardship cases, such as military deployment, extended illness or other circumstances that prevent the Registered Forester from obtaining the required CFE's upon request. 

History Note: Authority G.S. 89B-6; 89B-11;
Temporary Adoption Eff. March 1, 1999;
Eff. August 1, 2000;
Amended Eff. August 1, 2010.
No Necessary without substantive public interest
0124
COMPLIANCE WITH ANNUAL REPORTS REQUIRMENTS
Comment
In the event the board's authority to expend funds is suspended pursuant to G.S. 93B-2, the board shall continue to issue and re-new licenses and all fees tendered shall be placed in the escrow account maintained by the board for this purpose.

History Note: Authority G.S. 93B-2;
Eff. August 1, 2010.
No Necessary without substantive public interest
0125
PETITION FOR RULE-MAKING
Comment
(a) Any person may petition the State Board of Registration for Foresters (NCBRF) to adopt a new rule, or amend or repeal an existing rule by submitting a rule-making petition to NCBRF. The petition must be titled "Petition for Rulemaking" and must include the following information:
    (1) the name and address of the person submitting the petition;
    (2) a citation to any rule for which an amendment or repeal is requested;
    (3) a draft of any proposed rule or amended rule;
    (4) an explanation of why the new rule or amendment or repeal of an existing rule is requested and the effect of the new rule, amendment, or repeal on the procedures of NCBRF; and
    (5) any other information the person submitting the petition considers relevant.
(b) In making the decision to grant or deny the petition, the Board shall consider the information submitted with the petition and any other relevant information. 

History Note: Authority G.S. 150B-20;
Eff. September 1, 2010.
No Necessary without substantive public interest
0126
DECLARATORY RULINGS: AVAILABILITY
Comment
Declaratory rulings pursuant to G.S. 150B-4 shall be issued by the State Board of Registration for Foresters (NCBRF) upon request only on the validity of a rule of the State NCBRF or on the applicability of a rule or order of the NCBRF to stipulated facts. A declaratory ruling will not be issued on a matter requiring an evidentiary proceeding. 

History Note: Authority G.S. 150B-4;
Eff. August 1, 2010.
No Necessary without substantive public interest

 
 

 US Mail: NC Board of Registration for Foresters;  PO Box 27393; Raleigh, NC 27611     Telephone: 919-847-5441  E-mail: info@ncbrf.org