01- 669 C.M.R. ch. 26, § 3

Current through 2024-51, December 18, 2024

Section 669-26-3 - NOTIFICATION PROCESS FOR LANDOWNERS INTENDING TO CONDUCT TIMBER HARVESTING ACTIVITIES

A.Notification Form and Process:Prior to conducting timber harvesting activities, a landowner or designated agent must notify the Bureau in writing. The landowner or designated agent must submit a "Forest Operations Notification" on a form specified by the Bureau.

1.Signature required: All parties named by a landowner or designated agent on a notification (landowner, designated agent, forester, and harvester) must sign the notification. A notification submitted without one or more signatures of named parties will be considered incomplete.

Exception: A landowner with a licensed forester in its employ is exempt from the requirement for landowner signature, provided the la ndowner maintains with the Bureaua list of licensed foresters authorized to sign for the landowner.

2.Designated Agent requirement: Unless exempted under Sec. 3. A.1, a notification that names a designated agent must include a clause, signed by the designated agent and landowner, stating that the designated agent has the authority to act on behalf of the landowner to harvest forest products on the landowner's property.

B.Notification Requirement for Category 3 Clearcuts (Clearcuts Larger than 75 Acres)

1. Prior to conducting a timber harvest that creates a Category 3 clearcut (larger than 75 acres), the landowner or designated agent must submit to the Bureau a Forest Operations Notification at least 60 days prior to commencing the timber harvest.

2. Every notification for a timber harvest that results in a Category 3 clearcut must also include a harvest plan. The harvest plan must include the information specified in MFS Chapter 20 Rule, Forest Regeneration and Clearcutting Standards.

3. The Bureau will review each notification and harvest plan submitted under this provision for completeness. Either shall be deemed incomplete if the Bureau finds that the required information is missing, inadequate, or inaccurate.

4. A Bureau Forester and the landowner or the landowner's representative must have a meeting at the proposed harvest site to review the harvest plan. This meeting must take place during normal working hours and within the 60 day notification period, unless extended by agreement of the parties.

5. Following this meeting, a Bureau Forester will have 10 working days to make a written determination whether the notification and harvest plan comply with requirements of this rule. If a Bureau Forester finds that the harvest plan does not comply, the Bureau Forester shall identify in writing any inadequacies in the harvest plan or notific ation and/or, as appropriate, request more information.

6. A landowner must provide the information requested or address any inadequacies and receive written confirmation from the Bureau that the notification and harvest plan are in compliance prior to commencing the harvest.

C.Notification Requirements for Persons Certified in Erosion Control Practices by the Department of Environmental Protection

1. This subsection applies only to persons certified in erosion control practices by the Department of Environmental Protection pursuant to 38 M.R.S. §439-B.

2. Notifications filed by such persons are valid:

a. for individual harvests covering a footprint of 10 acres or less; and,

b. solely for a change of land use; and,

c. only if the person filing the notification is responsible for management of erosion and sedimentation control at the harvest site.

3. Notifications filed pursuant to this subsection may be used in multiple municipalities provided that the person filing the notification maintains a separate record of:

a. each landowner's name;

b. the name of the municipality;

c. the acreage harvested; and,

d. the volume harvested.

This information must be filed annually with the Bureau as required by 12 M.R.S. §8885.

D.Notification Requirements for Landowners Intending to Conduct Timber Harvesting and Related Activities and/or To Construct Land Management Roads and/or Gravel Pits for Road Construction in Protection Subdistricts Designated by the Land Use Planning Commission

1. Landowners intending to conduct timber harvesting and related activities and/or to construct land management roads and/or gravel pits for road construction in protection subdistricts designated by the Land Use Planning Commiss ion must provide additional information on the Forest Operations Notification form as supplied by the Bureau.

E.Notification Requirements for Landowners Intending to Place Wood in Streams to Enhance Cold-Water Fishery Habitat

1. Prior to implementing a wood addition project, a licensed forester must submit a Forest Operations Notification form to theBureau.This submission must:

a. Have the appropriate box checked indicating that an in-stream wood addition project will be taking place;

b. Include a map showing the location of the treatment area.The map shall have sufficient detail for a person unfamiliar with the site to locate the treatment area; and,

c. Include a copy of the treatment plan previously prepared and signed by the Department of Inland Fisheries and Wildlife, Department of Marine Resources, or their designee and the landowner or their agent, for the designated stream reach.The Departm ent of Marine Resources must sign the form if the reach is in an Atlantic salmon area.

2. The Bureauwill provide copies of the Forest Operations Notification form, map and treatment plan to the Department of Inland Fisheries and Wildlife and the Department of Marine Resources if the project is in an Atlantic salmon Area.

F.Exception from Notification Requirement. The following types of timber harvests are exempt from the notification requirements of this rule, even if the forest products harvested are sold commercially:

1. Removal of single trees or small groups of trees from residential yards, roadsides, and similar urban or suburban settings where the tree removal occurs on an area two acres in size or less, and is conducted for the purposes of hazard tree removal, right of way and driveway clearance, and lot clearance for the construction of residential dwelling units. This exemption applies only to land on which a person resides, or for lot clearing operations for a landowner who possesses a building permit, or where such lot clearance does not exceed the necessary construction footprint.

2. Timber harvests where the forest products harvested or processed are for personal use by the landowner.

G.Completed Notification: The Bureau will acknowledge receipt of a completed notification by returning a copy of the notification in a format suitable for posting.

H.Landowner/Agent Requirements after Notification is Acknowledged: The landowner or designated agent is responsible for complying with the following notification standards:

1. The returned notification, a copy of the original notification, or the notification number shall be posted and maintained in a conspicuous location at or near the principal landing or yard associated with the timber harvest.

2. Where a parcel is accessed by a private road sys tem, a single notification may be posted in a conspicuous location at the parcel boundary on the principal access road leading into the parcel.

3. Notifications shall remain posted at the timber harvest site until the harvest is completed, at which time the notification may be removed.

4. The Bureau will provide replacement forms upon written request stating the need and reason for needing a replacement.

01- 669 C.M.R. ch. 26, § 3