01- 669 C.M.R. ch. 20, § 4

Current through 2024-51, December 18, 2024

Section 669-20-4 - CLEARCUT STANDARDS

If a landowner's timber harvesting activities on a parcel result in a clearcut, the following standards apply.

A.Maximum Size of Clearcut: No clearcut shall be larger than 250 acres in size.

B.Category 1 Clearcut: A Category 1 clearcut is any clearcut that is larger than 5 acres and less than or equal to 20 acres.

1.Separation Zone Standards - Category 1 Clearcuts

a. A Category 1 clearcut must have a separation zone of at least 250 feet from any other clearcut (separation zones may be shared).

Exception: A Category 1 clearcut may be created adjacent to a property line between two or more different landowners. The landowner must comply with all other require ments for a Category 1 clearcut.

b. A separation zone for a Category 1 clearcut must meet one of the following requirements:

(1) The separation zone shall contain an average basal area greater than 30 square feet per acre of acceptable growing stock, well distributed on the separation zone;

OR,

(2) The separation zone shall contain at least 450 trees per acre of acceptable growing stock, well distributed on the separation zone; softwood trees must be at least 3 feet in height and hardwood trees must be at least 5 feet in height.

c. Separation zones must be maintained to meet the standards of Sec.4.B.1.a and Sec.4.B.1.b until one of the following conditions is met:

(1) The regenerated clearcut contains a minimum of 300 trees per acre of acceptable growing stock trees, well distributed on the harvest area; softwood trees must be at least 10 feet in height and hardwood trees must be at least 20 feet in height;

OR

(2) At least 10 years have elapsed from the date the clearcut was completed.

C.Category 2 and Category 3 Clearcuts

A Category 2 clearcut is any clearcut larger than 20 acres but less than or equal to 75 acres in size.

A Category 3 clearcut is any clearcut larger than 75 acres but less than or equal to 250 acres in size.

1.Harvest Plans for Category 2 and Category 3 Clearcuts

a. For all Category 2 and Category 3 clearcuts, the landowner shall develop, prior to harvest, a site specific harvest plan signed by a Licensed Forester that demonstrates compliance with the standards of Section 3 (Regeneration Standards) and Section 4 (Clearcut Standards) of this rule.

b.Minimum Elements of Harvest Plan: The following minimum elements are required in the harvest plan for each Category 2 and Category 3 clearcut:

(1) Landowner's name, address, and telephone number.

(2) If applicable, designated agent's name, address and telephone number.

(3) Signature of Licensed Forester preparing the plan.

(4) Date and Intent to Harvest Notification Number.

(5) Anticipated dates of harvest(s).

(6) A certification signed by a Licensed Forester or, if required under this section, a certified wildlife professional, attesting that the clearcutting is needed to improve the health, productivity or wildlife habitat of the forest.

(7) An explanation of how the standards of Section 3 (Regeneration Standards) and Section 4 (Clearcut Standards) of this rule will be met.

(8) The reason for the creation of the clearcut, which must be one of the following four reasons:

(a) Removal of poor quality, intolerant, understocked, short lived or mature overstories where the retention of the residual overstory trees is not justified for further increase in value, as a source of seed, or for protection of the new stand;

(b) Ecologically appropriate improvement or creation of wildlife habitat, with accompanying prescription and justification from a certified wildlife professional;

(c) Removal of timber stands that, if partially harvested according to accepted silvicultural practice, are at high risk for windthrow due to factors such as soils, rooting depth, crown ratio or stem quality; or,

(d) Harvesting of an existing plantation or other forest stands established by or previously treated with precommercial silvicultural activities.

(9) An assessment of the soil erosion potential of the harvest area, and any actions that will be taken to protect riparian zones and minimize erosion into water bodies.

(10) An assessment of the windfirmness of the separation zone as sociated with the clearcut and the steps that will be taken so that the standards for separation zones will be maintained.

(11) A certification, from the Licensed Forester or certified wildlife professional preparing the plan, that the proposed harvest does not occur within significant or essential wildlife habitats, or if the harvest does occur within such areas, a certification that all appropriate approvals, permits or variances have been obtained.

(12) A map showing the location of the clearcut and the separation zone associated with the clearcut. The map should be on the current edition of the United State Geological Survey topographic map or other format as approved by the Bureau. The landowner shall promptly update the map as needed.

(13) Certification by a Licensed Forester that the landowner has a plan to manage the regeneration consistent with the regeneration standards of this rule. The plan shall indicate what measures the landowner will t ake and a time frame for carrying out those measures in order to meet the stocking and other regeneration standards.

(14)Additional Requirement for Category 3 Clearcut Harvest Plan: For all Category 3 clearcuts, the harvest plan must include a summary of how the proposed clearcut and other adjacent harvest activities collectively provide for water quality protection and wildlife habitat needs.

c.Harvest Plan Kept on File

For all Category 2 and Category 3 clearcuts, the harvest plan must be kept on file by the landowner and be made available for on-site inspection by the Bureau until regeneration standards are achieved.

d.Category 3 Clearcuts - Harvest Plan Filed with Bureau and On-Site Harvest Plan Review

For all Category 3 clearcuts, the harvest plan must be submitted to the Bureau with the Forest Operations Notification at least 60 days prior to comme ncing the timber harvest, as specified in MFS Chapter 26 Rule.

A Bureau Forester and the landowner or the landowner's representative must have a meeting at the proposed harvest site to review the harvest plan. This meeting must take place during normal working hours and within the 60 day notification period, unless extended by agreement of the parties.

Following this meeting, a Bureau Forester will have 10 working days to make a written determination whether the notification and harvest plan comply with requirements of this rule. If a Bureau Forester finds that the harvest plan does not comply, the Bureau Forester shall identify in writing any inadequacies in the harvest plan or Notification and/or, as appropriate, request more information.

A landowner must provide the information requested or address any inadequacies and receive written confirmation from the Bureau that the Notification and harvest plan are in compliance prior to commencing the harve st.

e.Landowner Responsibility: The landowner is responsible for ensuring that the harvest plan and its recommended actions are implemented.

2.Separation Zone Standards - Category 2 and Category 3 Clearcuts

a. A Category 2 or Category 3 clearcut must have a separation zone of at least 250 feet from any other clearcut (separation zones may be shared).

Exception: A Category 2 or Category 3 clearcut may be created adjacent to a property line between two or more different landowners. The landowner must comply with all other requirements for Category 2 and Category 3 clearcuts, including but not limited to the requirement that the area of the separation zone be at least equal to the area of the clearcut [Section 4.C.2.b].

b. The area of the separation zone must be equal to or greater than the area of the clearcut.

c. The separation zone mu st meet one of the following requirements:

(1) Contain at least 60 square feet basal area per acre of trees 1.0 inches DBH or larger, well distributed on the separation zone. A minimum of 40 square feet basal area per acre must be comprised of acceptable growing stock trees, and a minimum of 40 square feet basal area per acre must be comprised of trees 4.5 inches DBH or larger;

Exception: Areas not capable of growing at least 60 square feet basal area per acre due to poor soils or other site conditions may be used as part or all of a separation zone, provided this condition is documented and mapped by a Licensed Forester in a harvest plan available for inspection by agents of the Bureau.

OR,

(2) Contain at least 300 trees per acre of acceptable growing stock trees, well distributed on the separation zone; softwood trees must be at least 10 feet in height and hardwood trees must be at least 20 feet in height.

d. Separation zones must be maintained to meet the standards of Sec.4.C.2.a through Sec.4.C.2.c until one of the following conditions is met:

(1) The regenerated clearcut contains a minimum of 300 trees per acre of acceptable growing stock trees, well distributed on the harvest area; softwood trees must be at least 10 feet in height and hardwood trees must be at least 20 feet in height;

OR,

(2) At least 10 years have elapsed from the date the clearcut was completed.

D.Exemption from Clearcut Standards

1. Landowners who own 100 acres or less, total ownership statewide, are exempt from the clearcut standards Sec.4.A through Sec.4.C.

2.Change of Land Use: Clearcut 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 calendar year following the year of the timber harvest.

b. The intent to change land use must be properly indicated on the "Forest Operations Notification" form submitted to the Bureau or other format approved by the Bureau.

c. If the change of land use is to residential dwelling units, the exemption from clearcut standards is limited to the actual size of the lot or five acres, whichever is smaller.

01- 669 C.M.R. ch. 20, § 4