July 5, 2009
...The crux of the issue is whether the Bohemian Club owns too many acres of timberland to qualify for the streamlined permit that is meant for small holdings. The law says an owner can't have more than 2,500 acres of timberland to get the permit.
Since last year, the club has whittled down its inventory of holdings. It offered 163 acres for a conservation easement to the Rocky Mountain Elk Foundation in Missoula, Mont. Then its consulting forester, Nick Kent, eliminated 56.75 acres on the basis that they weren't available for commercial logging. The club said it qualified for the permit with 2,316 acres.
But the opponents - and their lawyers - say the law requires that all timberland should be counted and not just the commercially available land.
If all of the timberland is counted, the club has 2,535.75 acres, making it ineligible for the permit, the opponents say...