Sale of Forest Land Parcels Versus Division Requiring Permit

The court addressed whether the sale of a property comprising several parcels, some forested, constituted a division of private forest requiring a permit under forestry law. The court reasoned that the relevant legal distinction, consistent with established federal jurisprudence, defines "division" as the real separation of previously undivided shares (e.g., within co-ownership), whereas "sale" involves transferring forest property to outside third parties. Since the owner sold distinct, already established forest land parcels to his son, this transaction was classified as a "sale" and not a "division" that would trigger the requirement for a cantonal forestry permit, leading to the annulment of the registration refusal.