Section 669-21-3 - SCOPE AND APPLICABILITYA.SCOPE. This rule governs all timber harvesting and related activities conducted in, over, or near water bodies, including rivers, streams, brooks, ponds, lakes, Great Ponds, freshwater and coastal wetlands, throughout the state, unless exempted in Section 3.C. of this rule.B.EXCLUSIONS. The activities described in this subsection are not considered timber harvesting and must comply with the requirements for clearing or removal of vegetation for activities other than timber harvesting under rules promulgated by the Department of Environmental Protection, Municipal Shoreland Zoning Ordinance or the Land Use Planning Commission, depending on which entity has jurisdiction. 1. Removal of vegetation in proximity to an existing developed area. For purposes of this provision, "developed area" means a footprint encompassing structures, access roads (other than land management roads), and maintained non-forested areas, on a lot with shore frontage on any great pond, stream, pond, river, or freshwater or coastal wetland. "In proximity to" describes an envelope around a developed area, and includes all areas that: a. are within 50 feet of the developed area,b. are between the developed area and the water body, c. occupy an area whose width in parallel with the shoreline extends 50 feet beyond each end of the footprint of the developed area at its widest point. In no case shall the envelope in proximity to a developed area be less than 20,000 square feet or less than 100 feet along the shoreline.
2. Removal of vegetation in the shoreland area from parcels less than two acres in size. 3. Removal of vegetation for the primary purpose of converting the land to a use other than forestland. If a change of land use occurs on the parcel or on any portion thereof within five years of the expiration of the Forest Operations Notification or the cessation of timber harvesting and related activities, whichever is later, the residual stand must comply with the requirements for clearing or removal of vegetation for activities other than timber harvesting under rules promulgated by the Department of Environmental Protection, Municipal Shoreland Zoning Ordinance or the Land Use Planning Commission, depending on which entity has jurisdiction. If the residual stand does not comply with these requirements after the change of land use, it constitutes prima facie evidence that a violation of the MFS Chapter 21 rule has occurred.C.EXEMPTION. This rule does not govern timber harvesting and related activities in forested wetlands, unless the forested wetlands lie within a shoreland area.D.RELATIONSHIP TO OTHER LEGAL REQUIREMENTS. Whenever provisions of this rule are less stringent than corresponding provisions of applicable federal, state, or municipal legal requirements, the more stringent provisions shall apply.01- 669 C.M.R. ch. 21, § 3