(1)
Areas Subject to M.G.L. c. 132, §§ 40 through
46. 302 CMR 16.00 applies to all land devoted to forest growth
owned or administered by private persons, corporations or organizations or by
any federal, state, county, municipal or other public agency.
(2)
Activities Subject to M.G.L.
c. 132, §§ 40 through 46. 302 CMR 16.00 applies to any
commercial cutting of a volume of products equivalent in volume to more than
25,000 board-feet or 50 cords on any parcel of land at any one time. Approval
of a forest cutting plan under M.G.L. c. 132 means that the land is presently
and primarily used in raising forest products and shall be maintained as forest
land and continue to provide values as listed in 302 CMR 16.01(1).
(3)
Activities Exempt Under
M.G.L. c. 132, §§ 40 through 46. 302 CMR 16.00 does not
apply to the following activities:
(a) Cutting
for clearance or maintenance of rights-of-way for public utilities and public
highways;
(b) Maintenance cutting
in pastures;
(c) Cutting of any
amount of forest products that is not for sale or barter, but is for the
noncommercial use of the landowner or the landowner's tenant;
(d) Clearing land for cultivation or pasture
when supported by physical evidence of such changed land use within one year
after the cutting stops;
(e)
Clearing lands for the purpose of changing land use, such as the creation of a
houselot, a subdivision, for mining gravel, or for any other activity requiring
town or city permits; and
(f) Small
commercial harvests, cutting a volume equivalent to 25,000 board-feet or 50
cords of products or less from a parcel of land at any one time.
Any person proposing to cut trees who is not certain if the
operation is exempt under M.G.L. c. 132, §§ 40 through 46 may ask the
Director or the Director's Agent for a determination pursuant to 302 CMR
16.04(14).
(4)
Forest Cutting Practices and M.G.L. c. 131, § 40, the Wetlands
Protection Act.
(a) The
Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40, regulates
activities which will remove, fill, dredge, or alter wetland resource areas. A
project proponent must file a M.G.L. c. 131, § 40 Notice of Intent with
the town or city conservation commission and the Massachusetts Department of
Environmental Protection (DEP) regional office before undertaking any activity
subject to M.G.L. c. 131, § 40.
(b) Under the agricultural exemption section
of
310 CMR
10.00:
Wetlands Protection, a forest
cutting which is usually subject to M.G.L. c. 131, § 40 shall be exempt if
the landowner meets the following requirements:
1. wetland resource areas are properly
identified in the forest cutting plan;
2. the forest cutting plan is approved by the
Director or the Director's Agent;
3. the forest cutting plan is filed with the
local Conservation Commission(s) as required under 302 CMR 16.04(2) allowing
for an opportunity for comment;
4.
the Director or the Director's Agent sends the approved forest cutting plan to
the appropriate DEP regional office; and
5. the landowner faithfully executes the
forest cutting plan.
(c)
Forest cuttings exempt from M.G.L. c. 132, §§ 40 through 46
(see302 CMR 16.02(3)) which involve wetland resource areas
may be subject to M.G.L. c. 131, § 40, and may require the filing of
M.G.L. c. 131, § 40 Notice of Intent prior to the start of the
operation.
(d) Even though small
commercial harvests as defined in 302 CMR 16.02(3)(f) and noncommercial
harvests as defined in 302 CMR 16.02(3)(c), are exempt under M.G.L. c. 132,
§§ 40 through 46 from complying with 302 CMR 16.00, landowners can
submit a forest cutting plan pursuant to 302 CMR 16.00 to qualify for the
exemption from M.G.L. c. 131, § 40 authorized under
310 CMR 10.04:
Agriculture. To gain an exemption from M.G.L. c. 131,
§ 40, the landowner must meet all the requirements detailed in 302 CMR
16.02(4)(b).
(e) The installation
of permanent stream crossings and the construction of permanent roads involving
fill in wetland resource areas requires the approval of the issuing authority
(Conservation Commission or DEP) under M.G.L. c. 131, § 40. Temporary
structures installed under the authority of an approved forest cutting plan
must be removed within one year of the completion of the operation, unless
otherwise permitted to remain as a permanent wetland alteration.
(f) For the purposes of 302 CMR 16.00, the
definition of all wetland resource areas (including, but not limited to,
streams, banks, lakes, ponds, swamps, marshes, bordering vegetated wetlands,
and land subject to flooding) shall be those found in M.G.L. c. 131, § 40
and
310 CMR
10.00.
(g)
Failure to comply with the wetlands provisions of the forest cutting plan and
302 CMR 16.00 shall void the exemption from M.G.L. c. 131, § 40.
