01- 669 C.M.R. ch. 20, § 1

Current through 2024-51, December 18, 2024
Section 669-20-1 - SCOPE AND APPLICABILITY
A.Scope

This rule governs all forest lands within Maine, including those owned by state and local governmental units, nonprofit organizations, and private forest lands. It does not govern federal forest lands, or research forests exempted by the Department of Agriculture, Conservation, and Forestry under Section 1.C. of this rule.

B.Applicability
1. Unless specifically exempted in these rules, this rule applies to any timber harvesting when the primary purpose is to sell the timber or the timber is processed into forest products for sale.
2. The clearcutting standards of this rule apply to clearcuts larger than five acres in size.
3. All timber harvesting activities must comply with other applicable laws, rules, and standards, including but not limited to: The Natural Resource Protection Act [38 M.R.S. §480 A to 480-Z], the Shoreland Zoning Act [38 M.R.S. §435 to 449], and Maine Land Use Planning Commission Law [12 M.R.S. §681 et seq.] and Standards, Chapter 10.
C.Research Forests: Owners or managers of research forests may make application for exemption to the Bureau of Forestry.
1. Applications shall contain a description of the property; a map showing the location or locations of the research area to be exempted; a demonstration of Right, Title or Interest in the property; and a statement certifying the purposes, uses and restriction to research of the property.
2. Bureau of Forestry staff shall make a recommendation, including recommended terms and conditions, to the Director concerning the conformance of the proposed research with generally accepted research practices and the standards of these rules.
3. The exemption shall remain in effect for the term stated in the exemption, or until such time as there is a change in use of the property that is inconsistent with the terms and conditions of the exemption, whichever is sooner; at such time the normal rules shall apply.
4. Failure to comply with the terms and conditions of the written exemption shall render it null and void; at which time all normal rules shall apply.
D.Municipal Ordinances: Municipalities regulating timber harvesting must adopt definitions that are consistent with those contained in these rules.

01- 669 C.M.R. ch. 20, § 1