Current through 2024-38, September 18, 2024
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.
