Section 669-23-5 - EXEMPTIONS This chapter does not govern timber harvesting on forest lands that meet one or more of the following conditions:
A. Where the land is purchased before or held for at least 5 years following the effective date of these rules. Any land that is exempt from this rule remains exempt, notwithstanding the acquisition of contiguous land subject to this rule;B.Where the timber harvesting is on land that has received independent 3rd-party certification.C. Where the land is managed and the timber harvest is supervised by a Certified Resource Manager in accordance with the standards of the certification program;D. Where the area affected by a harvest occupies 1,000 acres or less, and the harvest is conducted by a Certified Master Logger, and the Forest Operations Notification is signed by the Certified Master Logger. The Certified Master Logger involved shall be responsible for demonstrating to the satisfaction of the Maine Forest Service that the harvested area is 1,000 acres or less;E.Where the landowner owns less than 100 acres of forest land statewide;F. Where the landowner has obtained, prior to commencing timber harvesting, the necessary permit or permits from a federal, state, and/or local governmental entity to change the land use from forest land to a nonforest use (i.e., for development or agriculture). The area exempted shall be that area that is actually to be converted. A copy of the permit or permits must be submitted with the Forest Operations Notification. If the land use change is conversion to a subdivision, the exemption for each lot is limited to 5 acres or the lot size specified in the permit granted by the appropriate governmental entity, whichever is smaller;G.Where the parcel contains less than 20 acres of forest land;H.Where the parcel, or any portion thereof, is conveyed to another party due to inheritance, court order, transfer of deed in lieu of foreclosure,or bona fide gift without any consideration to a person related to the landowner by blood, marriage, or adoption. The exemption for a bona fide gift is conditioned upon the land not being further conveyed by the donee in a non-exempt transaction within 5 years from the date of the gift;I. Where the parcel, or any portion thereof, is conveyed to a government entity exercising the power of eminent domain, or the transfer is under threat of the exercise of such authority;J.Where the parcel, or any portion thereof, is conveyed as a result of partitioning lands held in common and undivided ownership, sales of common and undivided interests in such lands, and trading common and undivided interest in lands provided that in each case the recipient of the lands or interests in land is one of the owners of the property at the time when these rules become effective or at the time of initial purchase;K. Where the parcel, or any portion thereof, is conveyed for bona fide roads and rights of way;L. Where the forest products harvested or processed are for personal use by the landowner.01- 669 C.M.R. ch. 23, § 5