Section 669-20-3 - REGENERATION STANDARDSA.Overstory Removal Standards To qualify as an overstory removal, a harvest area must be stocked with at least 450 trees per acre, well distributed on the harvest area, of acceptable growing stock trees that are at least 3 feet in height for softwood trees and 5 feet in height for hardwood trees. The Bureau may verify that the harvest area qualifies as an overstory removal through a field procedure that uses sample plots that are randomly or systematically located to provide a fair representation of the entire harvest area.
B.Clearcut Regeneration Standards Within five years of completing a timber harvest that creates a clearcut, the harvest area must be stocked with at least 450 trees per acre of acceptable growing stock trees. The harvest area may not contain any contiguous area larger than 5 acres that does not meet this condition.
C.Exemptions from Regeneration Standards1.Natural Disaster: Regeneration standards do not apply to a harvested area if the regeneration is destroyed by fire, disease, insect infestation or other natural disaster provided the landowner promptly thereafter notifies the Bureau in writing of the location, size, approximate date, and cause of the disaster. The regeneration requirement does not apply to the area affected by the disaster. Vegetative cover sufficient to prevent accelerated erosion must be established on the affected area as soon as possible.2.Change of Land Use: Regeneration standards do not apply to the portion of a harvested area where there is a change of land use, provided:a. The change of land use must be completed by the end of the second full calen dar year following the year of the timber harvest.b. The intent to change land use must be stated on the Forest Operations Notification form submitted to the Bureau of Forestry or other format approved by the Bureau.c. If the change of land use is to residential dwelling units, the exemption from regeneration standards is limited to the actual size of the residential lot or five acres, whichever is smaller.D.Mitigation for Inadequate Regeneration1.Certified Plan: In the event of a failure to meet regeneration standards, in addition to being potentially liable for civil penalties and other remedial action, the landowner shall, within 30 days of notification by the Bureau, submit to the Bureau a mitigation plan certified by a Licensed Forester that will enable the landowner to attain compliance with the regeneration standards as soon thereafter as possible. At a minimum, the mitigation plan shall include:a. Specification of commercial tree species to be planted or regenerated;b. Consideration of the site physiographic conditions;c. Specific procedures to insure satisfactory growth and survival of specified commercial tree species; andd. An action plan outlining all necessary actions and an expeditious timetable to complete the mitigation measures.2.Landowner Responsibility: Following approval of the mitigation plan by the Bureau, the land owner shall ensure that the mitigation plan and its actions are implemented.3.Certification by Landowner: When the plan has been implemented, the land owner shall submit to the Bureau certification by a Licensed Forester that the plan has been completed and that the regeneration standards have been met.01- 669 C.M.R. ch. 20, § 3