Current through 2024-51, December 18, 2024
Section 669-26-2 - DEFINITIONSA. For the purpose of 12 M.R.S., Chapter 805, sub-chapter 5 and for these rules, the following terms have the following meanings unless the context otherwise requires: 1.Change Of Land Use means that following timber harvesting the subsequent use for a particular area does not include 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.2.Development Site means the ground area where any significant earth moving, grading, dredging, filling, building, construction, mining operation, or deposition of refu se, solid or liquid waste other than agricultural waste will occur. It does not include forest land areas where bioash or sludge are spread as a soil additive or fertilizer.3.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.4.Director means the Director of the Bureau of Forestry.5.Forest Land means land primarily covered with trees, and where commercial timber harvesting is not precluded by legal requirement.6.Forest Management Activities include cruising and other forest resource evaluation activities, pesticide or fertilizer application, timber stand improvement, pruning, timber harvesting and other forest harvesting, regeneration of forest stands, and other similar or associated activities, but not t he construction, creation, or maintenance of land management roads.7.Forest Management Plan: See "Harvest Plan."8.Forest Products means logs, pulpwood, veneer, boltwood, wood chips, stud wood, poles, pilings, biomass fuel wood, fuel wood or other products commonly known as forest products. It does not include Christmas trees, maple syrup, nursery products used for ornamental purposes, wreaths, bough material, cones or other seed crops.9.Harvester means a person, company, or other entity who harvests, or contracts to harvest, a forest product.10.Harvest Plan means a site specific document signed by a Licensed Forester outlining proposed activities to ensure compliance with performance standards and regeneration requirements of 12 M.R.S. c. 805, sub-c. 3-A and this rule.12.Landowner means a person, company, or other entity which holds title to land, including joint ownership or tenants in common. Where the ownership of the timber located on a parcel is different than the fee ownership of the land, the owners of the timber are deemed to be 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 to be the same landowner. 13.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 forest management activities, including associated log yards, but not including skid trails or skid roads.14.Licensed Forester means a forester licensed under 32 M.R.S. c. 76. 15.Management Plan: see "Harvest Plan."16.Parcel means a contiguous tract or plot of forest land owned by a landowner. Multiple contiguous tracts, plots or parcels of forest land owned by the same landowner are considered a single parcel. Contiguous tracts completely separated by a public road or roadway are considered to be separate parcels under these rules. Tracts of land joined only at a single point are not contiguous.17.Public Road or Roadway means any roadway that is owned or leased by a governmental unit or public entity.18.Timber harvesting means the cutting or removing of timber for the primary purpose of selling or processing forest products.19.Timber harvesting activities means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting, the minin g of gravel used for the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting.20.Yard, Log Yard, Landing means the area where forest products are hauled by forwarding machinery or animals for deposition or storage before transfer to trucks or other means of conveyance.01- 669 C.M.R. ch. 26, § 2