01- 669 C.M.R. ch. 21, § 4

Current through 2024-51, December 18, 2024

Section 669-21-4 - DEFINITIONS

Unless otherwise provided herein, this rule incorporates by reference the definitions contained in MFS Rule Chapter 20 (Forest Regeneration and Clearcutting Standards). For the purpose of 12 M.R.S., chapter 805, subchapter 3-A and this rule, the following terms are defined as follows.

A.Brook: See "Stream Channel."

B.Coastal Wetland is defined by 38 M.R.S. §480-B (2) (Supp. 2013).

C.Change of Land Use means that following timber harvesting the subsequent primary use for a particular area is not growing forest products. Change of land use may include, but is not limited to, conversion to farm pasture, site for growing agricultural crops, residential dwelling unit, development site, or gravel pit. The division of forest land into smaller units does not by itself automatically constitute a change of land use.

D.Cross-sectional area of a stream channel is determined by multiplying the stream channel width by the average stream channel depth. The stream channel width is the straight line distance from the normal high water line on one side of the channel to the normal high water line on the opposite side of the channel. The average stream channel depth is the average of the vertical distances from a straight line between the normal high water lines of the stream channel to the bottom of the channel.

E.Crossing means any timber harvesting and related activity involving the passage of ground-based equipment from one side to the opposite side of a water body, or to an island or upland within a water body. Such activities include, but are not limited to construction of roads, fords, bridges, and culverts, as well as maintenance work on these crossings.

F.Designated Agent means a person, company or other entity that is authorized by the landowner to act on the landowner's behalf for timber harvesting and related activities on the landowner's property.

G.Disruption of shoreline integrity means the alteration of the physical shape, properties, or condition of a shoreline at any location by timber harvesting and related activities. A shoreline where shoreline integrity has been disrupted is recognized by compacted, scarified and/or rutted soil, an abnormal channel or shoreline cross-section, and in the case of flowing waters, a profile and character altered from natural conditions.

H.Essential Wildlife Habitat means areas identified by the Commissioner, Maine Department of Inland Fisheries and Wildlife in accordance with the provisions of 12 M.R.S., §§12801 et seq.(2005 and Supp. 2013) and any Department of Inland Fisheries and Wildlife rules implementing that subchapter.

I.Forested Wetland means a freshwater wetland dominated by woody vegetation that is at least 20 feet tall.

J.Forest Stand means a contiguous group of trees sufficiently uniform in age class distribution, composition, and structure, and growing on a site of sufficiently uniform quality, to be a distinguishable unit.

K.Freshwater Wetland means ponds, freshwater swamps, marshes, bogs and similar areas that are:

1. Inundated or saturated by surface or groundwater at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils; and,

2. Not part of a Great Pond, coastal wetland, stream, or river.

L.Great Pond means any inland body of water which in a natural state has a surface area in excess of 10 acres, and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres.

M.Harvest Area means the area where timber harvesting and related activities, including the cutting of trees, skidding, yarding, and associated road construction take place. The area affected by a harvest encompasses the area within the outer boundaries of these activities, excepting unharvested areas greater than 10 acres within the area affected by a harvest.

N.Landowner means a person, company, or other legal entity which holds title to land, including as a joint ownership or as tenants in common. Where the ownership of the timber located on the land is different than the fee ownership of the land itself, the owners of the timber are deemed a landowner and are jointly and severally responsible with the fee landowner to comply with this rule. Where a corporate landowner is a wholly owned subsidiary of another corporation, both parent and subsidiary are deemed the same landowner.

O.Land Management Road means a route or track consisting of a bed of exposed mineral soil, gravel, or other surfacing materials constructed for, or created by, the passage of motorized vehicles and used primarily for timber harvesting and related activities, including associated log yards, but not including skid trails or skid roads.

P.Licensed Forester means a forester licensed under 32 M.R.S. §5501(3) (Supp. 2013).

Q.Normal High Water Line means that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. In the case of nonforested freshwater wetlands adjacent to streams and other water bodies, the normal high water line is the upland edge of the freshwater wetland, not the edge of the open water.

R.Permanent crossing means any structure constructed or erected with a fixed location, in, on, or over a water body for a period exceeding 7 months in any 12 month period, including, but not limited to, culverts and bridges.

S.Pond means any inland body of water which in a natural state has a surface area between 4,300 square feet and 10 acres.

T.Responsible party means all of the following persons or entities, jointly and severally:

1. The landowner, or landowners, who owned the property at the time a timber harvest subject to this rule was conducted;

2. The landowner's designated agent at the time a timber harvest subject to this rule was conducted;

3. The Licensed Forester and/or the employer of the Licensed Forester who supervised a timber harvest subject to this rule; and

4. The timber harvester who conducted a timber harvest subject to this rule.

U.Residual Stand means a stand of trees remaining in the forest following timber harvesting and related activities.

V.River means a free-flowing body of water, including its associated flood plain wetlands, from that point at which it provides drainage for a watershed of:

1. fifty square miles to its mouth in the jurisdiction of the Land Use Planning Commission; and,

2. twenty-five square miles to its mouth in municipalities not subject to the jurisdiction of the Land Use Planning Commission.

W.Shoreland area means all land areas within:

1. 250 feet, horizontal distance, of the normal high water line of:

a. Rivers below the 50 square mile drainage point in the jurisdiction of the Land Use Planning Commission;

b. Rivers below the 25 square mile drainage point in municipalities not subject to the jurisdiction of the Land Use Planning Commission;

c. Great Ponds and nonforested freshwater wetlands 10 acres or larger;

d. Any coastal wetland;

e. Any size pond or freshwater wetland identified by the Department of Inland Fisheries and Wildlife as significant wildlife habitat or essential wildlife habitat;

2. 75 feet, horizontal distance, of the normal high water line of:

a. Streams between the 300 acre drainage point and the 50 square mile drainage point in the jurisdiction of the Land Use Planning Commission;

b. Streams between the 300 acre drainage point and the 25 square mile drainage point in municipalities not subject to the jurisdiction of the Land Use Planning Commission;

3. Adjacent to:

a. The normal high water line of streams above the 300 acre drainage point; and,

b. Ponds or freshwater wetlands larger than 4,300 square feet but less than 10 acres that are not identified by the Department of Inland Fisheries and Wildlife as significant wildlife habitat or essential wildlife habitat.

X.Shoreline: See "Normal High Water Line" and "Coastal Wetland."

Y.Significant wildlife habitat is defined by 38 M.R.S §480-B (10) (Pamph. 2013).

Z.Skid Road or Skid Trail means a route repeatedly used by forwarding machinery or animal to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal excavation.

AA.Slash means the residue, e.g., treetops and branches, left on the ground after a timber harvest.

BB.Stand: see "Forest Stand."

CC.Stream: means a stream channel upstream from the point at which it becomes a river.

DD.Stream channel means a channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil parent material or bedrock; and which is connected hydrologically with other water bodies. "Stream channel" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetative cover has been removed by human activity.

EE.Timber harvesting means the cutting or removing of timber for the primary purpose of selling or processing forest products.

FF.Timber harvesting and related activities means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting, and other activities conducted to facilitate timber harvesting.

GG. Used for navigation means those rivers, streams or brooks used by motorized watercraft.

HH.Water body means any river, stream, stream channel, brook, freshwater wetland, coastal wetland, pond, lake, Great Pond, or any other hydrological feature regulated by this rule.

II.Woody Vegetation means live trees or woody, non-herbaceous shrubs.

JJ.Windfirm means the ability of a forest stand to withstand strong winds and resist windthrow, wind rocking, and major breakage.

NOTE: In the context of this definition, an assessment of windfirmness will include assessment of soil conditions, depth to bedrock, and live crown ratios and height/diameter ratios on residual trees. Trees with live crown ratios of 30 percent or greater and/or trees with height/diameter ratios of 90 or less could be considered indicators of windfirmness.

01- 669 C.M.R. ch. 21, § 4