H.P. 299 - L.D. 407
An Act to Reconcile Minor Technical Differences between Forest Practices Laws and Rules
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §8868, sub-§1, as amended by PL 1997, c. 720, §3, is repealed and the following enacted in its place:
1. Clear-cut. "Clear-cut" means any timber harvesting on a forested site greater than 5 acres in size that results in a residual basal area of trees over 4 1/2 inches in diameter measured at 4 1/2 feet above the ground of less than 30 square feet per acre, unless, after harvesting, the site has a well-distributed stand of acceptable growing stock, as defined by rule, of at least 3 feet in height for softwood trees and 5 feet in height for hardwood trees that meets the regeneration standards defined under section 8869, subsection 1.
Sec. 2. 12 MRSA §8869, sub-§2-A, as enacted by PL 1997, c. 720, §7, is amended to read:
2-A. Separation zones. For a parcel of land 100 acres or less, a A clear-cut must be separated from any other clear-cut by at least 250 feet except where a property line is closer than 250 feet from the edge of the clear-cut. Unless an exemption is provided in rules adopted pursuant to section 8867-A, a separation zone must be equal to or greater than the area clear-cut.
For a parcel of land over 100 acres, a clear-cut must be separated from any other clear-cut by a defined area equal to at least the area contained within the perimeter of the clear-cut. For a parcel of land over 100 acres, each defined separation zone must be identified with a specific clear-cut and be a minimum of 250 feet in width and may not be designated to meet the separation zone requirements for any other clear-cut.
The Commissioner of Conservation may establish, by rule, more stringent separation zone standards for clear-cuts greater than 35 acres.
Sec. 3. 12 MRSA §8869, sub-§3, as amended by PL 1997, c. 720, §8, is further amended to read:
3. Forest management plans for clear-cuts over 20 acres. For a clear-cut of 35 20 acres or more, the landowner, or agent of the landowner, shall develop, prior to harvest, a forest management plan for that clear-cut signed by a professional forester that conforms to the standards set forth in subsections 1 and 2. The plan must state the purpose of the clear-cut. This plan must be kept on file by the landowner or agent of the landowner and be available for inspection by the bureau until adequate regeneration in accordance with the standards set forth in subsection 1 is established.
Sec. 4. 12 MRSA §8883, first ¶, as amended by PL 1997, c. 648, §4, is further amended to read:
Prior Unless exempted under subsection 5 or by rule, prior to commencing harvesting operations, the landowner or designated agent shall notify the bureau of the harvest operation. When the harvest is occurring within a municipality, the bureau shall send a copy of the notification form to the municipal clerk.
Sec. 5. 12 MRSA §8883, sub-§1, as amended by PL 1997, c. 648, §5, is further amended to read:
1. Notification prior to harvest. Notification Unless an alternate form or method of reporting is provided in rule, notification must be on forms supplied by the bureau and must include the following information:
A. The name, address and phone number of the landowner, any designated agent, and, if known, any harvester or harvesters;
B. The name and address of any licensed professional forester consulting the landowner on forest management or harvesting practices;
C. The municipality or township and county of harvest;
D. The name of the nearest public or private all-weather road;
E. The approximate dates the harvest will begin and finish;
F. The anticipated acreage to be harvested;
G. Whether the land is being harvested to convert to another use within 2 years and, if so, what that use is to be;
H. The signatures of the landowner or designated agent and the signature of the harvester when listed on the form in accordance with paragraph A and the licensed professional forester when listed on the form in accordance with paragraph B;
H-1. The signature of the landowner and the signature of the designated agent when a designated agent is listed in accordance with paragraph A. If the designated agent is a licensed professional forester who has a fiduciary responsibility to the landowner, the signature of the landowner is not required;
I. A map locating the harvest site in relation to known or easily identifiable terrain features, such as a road junction or a stream and road junction. The map must be a copy of a 7.5 or 15 minute series topographical map produced by the United States Geological Survey or a map of equivalent or superior detail in the location of roads; and
J. The date of notification.
When a landowner has a designated agent, the designated agent must submit with the notification form a notarized statement of agreement signed by the landowner and the designated agent or a durable power of attorney.
Sec. 6. 12 MRSA §8883, sub-§3, as amended by PL 1997, c. 648, §6, is further amended to read:
3. Notification form on file; posted. The landowner or designated agent shall retain a copy of the notification form and produce it upon request of agents as specified in section 8888. The landowner or designated agent shall post a copy of the notification form number at the harvest site in a clearly visible location.
Sec. 7. 12 MRSA §8883, sub-§5, as enacted by PL 1989, c. 555, §12 and affected by c. 600, Pt. B, §11, is amended to read:
5. Notification exemption. The following activities are exempt from the notification requirement under this section:
A. Activities where forest products are harvested for an owner's own use and are not sold or offered for sale or used in the owner's primary wood-using plants; and
B. Precommercial silvicultural forestry activities.; and
C. Harvesting within a 12-month period when the total area harvested on land owned by that landowner does not exceed:
(1) Two acres if the residual basal area of acceptable growing stock over 4 1/2 inches in diameter measured at 4 1/2 feet above the ground is less than 30 square feet basal area per acre; or
(2) Five acres if the residual basal area of acceptable growing stock over 4 1/2 inches in diameter measured at 4 1/2 feet above the ground is more than 30 square feet basal area per acre.
Effective September 18, 1999, unless otherwise indicated.
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