Instituted during the Clinton Administration, the roadless rule prohibits road building in nearly 60 million acres of national forests stretching across 38 states. It also prohibits the Forest Service from allowing timber to be cut, sold or transported from roadless areas, with a few limited exceptions.
NAHB has opposed the rule because it mandates inflexible federal restrictions that illegally attempt to reverse existing federal forestry management and environmental policy laws.
The Forest Service will publish its proposed exemption in the Federal Register shortly, and public comment on this action will be accepted through mid-August, with a final ruling expected in September.
The Administration is planning amendments that would give the states' governors the discretion to waive the rule in order to protect public health and safety or to reduce the risk of wildfires. The governors would also be able to adjust boundaries to exclude areas now covered that already have roads.
In a related development, a federal district judge in Wyoming issued an injunction on July 14 barring enforcement of the roadless rule.
Judge Clarence A. Brimmer characterized the rule as a “thinly veiled attempt to designate ‘wilderness areas’ in violation of the clear and unambiguous process established by the Wilderness Act.”
The decision is being appealed, and the impact of this ruling on the nationwide implementation of the roadless rule remains unclear.
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