Section 669-23-6 - HARVEST STANDARDS [4] Timber harvesting on a parcel of land, any portion of which is sold, offered for resale, or otherwise conveyed within five years of the date of purchase or acquisition of the parcel, and which is not exempted by Section 5 of this rule, must satisfy one of the following four conditions:
A. Option 1. Basal area removal limited. Timber harvesting must not remove more than50percent of the basal area of trees 4.5" DBH and larger, present on the entire parcel at the time of purchase. Timber harvesting must not result in high grading and must include measures to protect advanced regeneration by minimizing the area damaged by logging equipment.
B. Option 2. Accredited Timber Harvesters and Licensed Foresters1. Timber harvests where the area affected by the harvest occupies an area of 100 acres or less conducted by timber harvesters, and/or supervised by Licensed Foresters, either of whom have successfully completed training in a timber harvest planning, layout, and operations course accredited by the Bureau, and who have signed an attestation agreeing not to participate in liquidation harvesting. The accredited timber harvester and/or licensed forester involved shall be responsible for demonstrating to the satisfaction of the Maine Forest Service that the harvested area is 100 acres or less.2. Accreditation by the Bureau will require periodic renewal and is contingent upon compliance with state laws and rules governing timber harvesting, including 12 M.R.S.A., Chapter 206-A; 12 M.R.S.A., Chapter 805; 38 M.R.S.A., Chapter 3; and 36 M.R.S.A., Chapter 105; agency rules implementing those chapters; and, municipal Shoreland Zoning Ordinances.C. Option 3. Timber harvest plan developed prior to timber harvest.1. Prior to a timber harvest subject to this rule, a site specific timber harvest plan must be prepared that contains the following elements:a. Landowner's name, address, and telephone number.b. Designated agent's name, address, and telephone number (if applicable).c. Signature and license number of Licensed Forester preparing or approving the plan.d. Forest Operations Notification number and the date it was filed.f. A stand-specific narrative that includes:i. A description of the pre-harvest stand, including information on approximate stand acreage, stocking, timber volumes, timber quality, potential for increases in future timber volume and value, an assessment of wind firmness and other stand characteristics relevant to the planned harvest;ii. For harvests that will result in an adequately stocked stand, a silvicultural rationale for the harvest in each stand that explains how the harvest will maintain or improve stand productivity, grow stands to sawtimber size, improve timber quality, and specifically avoid high grading. The rationale must specify actions that will be taken to minimize damage to the residual stand, including without limitation minimizing the area occupied by skid trails and retaining adequate residual stocking to reduce the risk of blowdown. The rationale must include a description of the residual stand that will result from the harvest, including but not limited to species, stocking, tree condition, size classes, and other stand characteristics.iii. For harvests that will result in an understocked stand, and for regeneration harvests, a silvicultural rationale thatexplains the reason justifying the harvest, which must include at least one of the reasons identified in Maine Forest Service Rule, Chapter 20, Forest Regeneration and Clearcutting Standards. The rationale for a harvest that will result in an understocked stand must specify actions that will be taken to retain adequate residual stocking to reduce the risk of blowdown and to minimize damage to the residual stand and advanced regeneration. These measures include, without limitation, minimizing the area occupied by skid trails, and/or creating conditions suitable for the prompt regeneration of the site to commercially valuable species. The rationale must include a description of the residual stand that will result from the harvest, including but not limited to species, stocking, tree condition, size classes, and other stand characteristics.g. An assessment of the soil erosion potential of the harvest area; and specification of actions that will be taken to minimize rutting, the potential for soil erosion, and the deposition of sediment into water bodies. These actions should include without limitation planning the layout of skid trails and yards to minimize erosion, and the use of applicable Best Management Practices.h. A description of how the proposed harvest will protect known occurrences of threatened or endangered species and rare or exemplary natural communities.i. A description of how the proposed harvest will protect significant wildlife habitat and essential wildlife habitat; and water quality; wetlands; and riparian zones; if any, including the use of applicable Best Management Practices.j. A stand-specific map prepared at a scale adequate to identify individual stands clearly, but no less than 1:15,840 (1 in. = 1,320 ft. or 20 chains) or larger. The map must identify wetlands, water bodies, and any known occurrences of threatened or endangered species, rare natural communities, and significant wildlife habitat and essential wildlife habitat, if present. The map must contain a legend, north arrow, landowner name, town, date of preparation, and the name of the preparer. The landowner must update the map to conform to conditions in the field.2. The timber harvest plan must be implemented during the harvest.3. A Licensed Forester must attest in writing within 60 days of completion of the harvest or expiration of the Forest Operations Notification, whichever is earlier, that the harvest has complied with the timber harvest plan. The attestation must include the Licensed Forester's signature and license number.4. The timber harvest plan and the attestation required in subsection 6.C.3 must be kept on file by the landowner and must be made available to the Bureau for at least seven years following the completion of the harvest or the expiration of the Forest Operations Notification, whichever is later.D. Option 4. Unforeseen economic hardship. If the landowner demonstrates to the satisfaction of the Bureau that unforeseen circumstances create an economic hardship and necessitate the sale of a parcel, the requirements of this rule do not apply, as set forth in a written decision by the Bureau. A landowner will only be allowed to use this option once and only for a single parcel in any five-year period.
[4] Note: Landowners may request the Maine Forest Service to review their proposed timber harvesting activities to ensure compliance with this rule.
01- 669 C.M.R. ch. 23, § 6