By the Editorial Team at SawTheory.com | Updated May 2026
If you run a tree service, manage timber acreage, or simply depend on a professional-grade gas saw to do serious work, the policy landscape shifted under your feet — quietly, and faster than most operators realized.
California no longer sells new gas-powered chainsaws under 45cc. A federal lawsuit over that ban is active in the Ninth Circuit. Twenty-seven states have passed preemptive laws to stop similar bans from spreading. And the chainsaw manufacturers themselves are hedging their bets, releasing battery platforms while still shipping gas saws to states that will take them.
This is not a hypothetical future. It is the present state of the chainsaw industry in 2026, and the regulatory picture varies dramatically depending on where you live and what size saw you run.
Here is everything you need to know, with zero filler.
Quick Answer Summary
- California’s SORE regulation (Assembly Bill 1346) bans the sale of new gas-powered outdoor equipment — including chainsaws — manufactured after January 1, 2024, with a phase-out through model year 2028.
- The 45cc exemption is real and critical: Chainsaws with engine displacements greater than 45 cc are federally exempt from CARB jurisdiction. Professional saws such as the Husqvarna 572 XP (70.6 cc), STIHL MS 500i (79.2 cc), and most commercial felling saws are not banned in California.
- Gas saws you already own are grandfathered in — no state bans the use of existing equipment.
- 27 states have passed preemptive laws blocking local gas equipment bans; these include Texas, Florida, Ohio, and Arizona.
- A major federal lawsuit — Outdoor Power Equipment Institute v. EPA — is pending before the Ninth Circuit as of 2026 and could roll back California’s authority over small engine standards nationwide.
- Battery chainsaws are advancing but remain inadequate for sustained professional felling. Gas is not going away for arborists and loggers anytime soon.
What the California SORE Regulation Actually Says
The Law: Assembly Bill 1346 and CARB’s 2021 SORE Amendments
California Governor Gavin Newsom signed Assembly Bill 1346 in October 2021. The bill directed the California Air Resources Board (CARB) to adopt regulations banning the sale of new gas-powered small off-road engine (SORE) equipment — the category that covers chainsaws, leaf blowers, string trimmers, lawn mowers, and portable generators.
CARB’s implementing regulations established a two-phase roadmap:
- Phase 1 (2024): Ban on the sale of new gas-powered SORE equipment manufactured after December 31, 2023, covering most consumer-grade equipment.
- Phase 2 (Model Year 2028): Full phase-out of new gas-powered SORE engines sold in California.
The regulation targets spark-ignition engines rated at or below 19 kilowatts (approximately 25 horsepower). The stated goal is to reduce particulate matter (PM), reactive organic gases (ROG), and nitrogen oxides (NOx) — pollutants for which California exceeds both EPA and state ozone standards across many regions.
The 45cc Exemption: Why Most Professional Saws Are Still Legal in California
Here is the nuance that matters most to anyone running a commercial operation.
Under CARB’s SORE framework — and reinforced by federal Clean Air Act preemption rules — chainsaws with engine displacement greater than 45cc are explicitly exempt from the regulation. The same exemption applies to brush cutters and clearing saws greater than 40cc, chippers, and construction equipment.
This exemption is not a loophole. It is written directly into the AB 1346 fact sheet published by the California State Assembly and confirmed by the California Air Resources Board’s own applicability guidance.
What that means in practice:
- Banned in California (new sales): Gas chainsaws under 45cc. This includes most homeowner-grade saws and lighter professional top-handles in the 30–44cc range.
- Exempt and still legally sold: Gas chainsaws 45cc and larger. This covers virtually the entire professional felling saw category — the Husqvarna 572 XP at 70.6cc, the STIHL MS 500i at 79.2cc, the Echo CS-900EVL at 89.7cc, and any other saw a working arborist or timber faller would reach for on a job site.
- Existing equipment: Grandfathered in. California does not ban the use or repair of gas saws already in service. You can keep running your current saw, buy replacement parts, and have it serviced without restriction.
The Tree Care Industry Association (TCIA) noted this directly: “Chain saws with greater than 45cc displacement engines are exempt from CARB jurisdiction due to federal regulations, so many of the chain saws popular in the tree care industry would not be impacted by this ban.”
That is the correct read. If you are a professional, your workhorse saws are almost certainly above the threshold.
The Federal Lawsuit That Could Change Everything
OPEI v. EPA: A Case Every Chainsaw User Should Watch
California cannot simply impose its own engine standards without federal permission. Under Section 209 of the Clean Air Act, states are generally preempted from setting their own nonroad engine emission standards — but California has historically been granted waivers by the EPA that allow it to enforce stricter rules.
On January 6, 2025, the EPA granted California authorization to enforce its 2021 SORE Amendments under one such waiver. The industry responded immediately.
On February 10, 2025, the Outdoor Power Equipment Institute (OPEI) — the trade group representing chainsaw and outdoor power equipment manufacturers — filed a petition for judicial review with the U.S. Court of Appeals for the Ninth Circuit. The American Fuel and Petrochemical Manufacturers (AFPM) and the Energy Marketers of America followed with their own petitions.
In October 2025, OPEI, joined by the Tree Care Industry Association and other organizations, sent a letter to EPA Administrator Lee Zeldin urging the agency to withdraw or reconsider the authorization, arguing the EPA’s decision contained factual and procedural errors.
On February 11, 2026, the National Federation of Independent Business (NFIB) filed an amicus brief in support of OPEI at the Ninth Circuit. NFIB’s Executive Director Beth Milito stated plainly: “Electric and battery-powered chainsaws and generators are simply less effective and reliable than their gas-powered alternatives, especially in the event of an emergency where first responders cannot rely on the electric grid to charge their equipment.”
The case remains active before the Ninth Circuit as of this writing. A ruling in OPEI’s favor could invalidate California’s SORE waiver authority — effectively reversing the ban. A ruling against OPEI would likely accelerate other states considering similar frameworks.
This is the most consequential legal proceeding in the outdoor power equipment industry right now. Watch it closely.
State-by-State Gas Chainsaw Ban Status
The table below covers chainsaw-specific bans, SORE-style regulations, and preemptive laws as of May 2026. Regulations evolve — verify current local codes before making purchasing or fleet decisions.
| State | Status | Key Detail |
|---|---|---|
| California | 🔴 Active Ban (partial) | Gas chainsaw sales banned under 45cc since 2024. 45cc+ exempt. Use of existing saws permitted. |
| New York | 🟡 Monitoring | All-Electric Buildings Act paused pending federal appellate ruling. No SORE-specific chainsaw ban enacted. |
| Washington | 🟡 Monitoring | Gas chainsaw sales have been banned under 45cc since 2024. 45cc+ exempt. Use of existing saws permitted. |
| Texas | 🟢 Preemption Law | State law prohibits local governments from banning gas equipment or utilities. |
| Florida | 🟢 Preemption Law | Following California’s framework, no enacted SORE ban as of 2026, but regulatory pressure is increasing. |
| Ohio | 🟢 Preemption Law | Preemptive statute in place protecting gas equipment at the state and local level. |
| Arizona | 🟢 Preemption Law | First state in the U.S. to pass a preemptive gas law (February 2020). |
| Indiana | 🟢 Preemption Law | One of the largest residential gas consumers, state law bars municipal gas bans. |
| Tennessee | 🟢 Preemption Law | State law preempts local gas equipment restrictions. |
| Georgia | 🟢 Preemption Law | Preemptive statute passed; gas equipment protected. |
| South Carolina | 🟢 Preemption Law | Preemptive law in place. |
| North Carolina | 🟢 Preemption Law | Preemptive legislation enacted. |
| Alabama | 🟢 Preemption Law | Gas equipment protections in place. |
| Mississippi | 🟢 Preemption Law | Preemptive statute passed. |
| Louisiana | 🟢 Preemption Law | State-level protections for gas equipment. |
| Arkansas | 🟢 Preemption Law | Preemptive restrictions on local gas bans. |
| Oklahoma | 🟢 Preemption Law | Preemptive statute in place. |
| Kansas | 🟢 Preemption Law | State preemption law enacted. |
| Kentucky | 🟢 Preemption Law | Gas equipment protections active. |
| West Virginia | 🟢 Preemption Law | Preemptive statute in place. |
| Idaho | 🟢 Preemption Law | Preemptive law enacted. |
| Utah | 🟢 Preemption Law | Preemptive statute enacted; a large gas-consuming state. |
| Montana | 🟢 Preemption Law | Preemptive statute in place. |
| Wyoming | 🟢 Preemption Law | Gas equipment is protected under state law. |
| South Dakota | 🟢 Preemption Law | Most recently joined preemption states (March 2023). |
| North Dakota | 🟢 Preemption Law | Preemptive statute in place. |
| Nebraska | 🟢 Preemption Law | Preemptive law enacted. |
| Pennsylvania | 🟡 In Progress | Preemption bill advancing in legislature; not yet enacted. |
| Michigan | 🟡 Monitoring | Preemption bills have made little legislative progress. |
| Minnesota | 🟡 Monitoring | No active preemption law; no SORE ban enacted. |
| Illinois | 🟡 No Action | No SORE ban; no preemption law as of 2026. |
| Colorado | 🟡 Monitoring | Considering air quality regulations; no chainsaw-specific ban. |
| Oregon | 🟡 Monitoring | Strong pro-gas-equipment stance; preemption law is active. |
| Massachusetts | 🟡 Monitoring | Following CARB discussions, no enacted ban. |
Status Key: 🔴 Active restriction | 🟡 Developing / No action | 🟢 Preemption law protects gas equipment Sources: NFIB, NAHB, S&P Global Market Intelligence, state legislative databases. Always verify against current local regulations.
Why Professionals Still Depend on Gas — And Will for Years
The Battery Chainsaw Gap Is Real
Battery technology has improved. No one disputes that. Husqvarna’s 36V cordless saws handle residential pruning work well. STIHL’s AP system has earned genuine respect in tree care circles for light-duty applications. ECHO’s 56V platform continues to expand.
But for sustained, professional felling — working through dense hardwoods, running long bars, bucking timber in remote terrain far from any charger — battery systems still fall short on three fronts:
1. Runtime. A professional gas saw can work through a full day on a jug or two of mix. Battery systems at comparable power levels require multiple packs to match even a few hours of heavy use. Charging infrastructure in the field is largely nonexistent.
2. Power-to-weight in the extreme range. The STIHL MS 500i, running at 79.2cc with electronic fuel injection, produces power figures that no cordless platform currently replicates. For a faller dropping old-growth timber or a land-clearing crew working against the weather, that margin is not optional.
3. Cold weather performance. Lithium-ion battery capacity drops significantly in cold temperatures — a meaningful problem for anyone working in the Northeast, upper Midwest, or mountain West during fall and winter operations.
The NFIB brief in the OPEI lawsuit put it plainly for emergency responders specifically: battery tools cannot be relied upon when the grid is down. The same logic applies to commercial operations in remote areas where charging is not feasible.
None of this means battery saws are bad tools. For urban arborists doing residential removals, they are increasingly practical — quieter, lower-emission, and lower-maintenance. But the idea that battery platforms can fully replace gas for heavy professional applications is, as of 2026, not supported by the tools available on the market.
What This Means for Your Operation
If you work in California: Your professional gas saws (45cc and above) can still be purchased, sold, and used legally. The ban affects smaller consumer-grade saws. You cannot buy new sub-45cc gas saws from California dealers, but you can purchase them out of state and bring them in for personal use — though CARB compliance for commercial fleets is a different conversation worth reviewing with your legal counsel.
If you work in a preemption state: Your current gas equipment rights are protected at the state level. Local municipalities in Texas, Florida, Ohio, and the other 24 preemption states cannot enact ordinances restricting your gas chainsaw use or purchase.
If you work in a monitoring state (NY, WA, OR, CO): Watch the OPEI v. EPA Ninth Circuit case and your own state legislature. These are the most likely candidates for SORE-style regulations if California’s framework survives federal court scrutiny.
On fleet purchasing: If you are replacing equipment in 2026, the 45cc threshold is the line that matters most in California. For every other state, the current market is open. Given the legal uncertainty in the Ninth Circuit, holding off on full electrification of professional fleets until the case resolves is a defensible position.
The Bottom Line
The chainsaw gas ban is real — but narrower than the headlines suggest. California’s regulation targets small-displacement saws in the consumer category, not the professional equipment that arborists, loggers, and land managers depend on. The 45cc exemption is your single most important data point.
The legal fight in the Ninth Circuit is the regulatory event of the year for this industry. A ruling against the EPA’s CARB authorization would freeze California’s framework and likely halt similar state-level attempts for years.
Twenty-seven states have already drawn the line. The map is contested, and the legal outcome remains uncertain. What is certain is this: gas is not out of the professional chainsaw market yet, and the industry — from manufacturers to trade associations to federal courts — is making sure the story does not end quietly.
Sources: California Air Resources Board SORE Applicability Fact Sheet; AB 1346 Official Assembly Fact Sheet (Assemblymember Marc Berman); Tree Care Industry Magazine (TCIA); NFIB Press Release, February 11, 2026; TCIA Letter to EPA, October 29, 2025; OPEI Ninth Circuit Petition, February 10, 2025; NAHB August 2025; S&P Global Market Intelligence; National Law Review; Mordor Intelligence Chainsaw Market Report 2026.
SawTheory.com publishes independent equipment analysis, policy coverage, and reviews for professional arborists, timber fallers, and serious landowners. No manufacturer paid for placement in this article.
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