Current through Register 1531, September 27, 2024
(1)
Director to Develop Forest
Cutting Plan Forms and Notice to Abutters Forms
(a) The Director shall develop and make
available the form for the forest cutting plan together with instructions for
its proper completion. The forest cutting plan form shall reflect the standards
in the regulations relevant to cutting and logging and all applicants shall use
these forms. The Director shall also develop standard operating procedures for
checking and processing the forest cutting plan and for all necessary field
inspections. The Director and the State Forestry Committee shall review
experience with these forms and procedures periodically and, if necessary,
revise them.
(b) The Director shall
develop and make available a form landowners shall use to notify abutters of
record on file with the assessor's office of the landowner's intent to cut
trees for forest products.
(2) Landowner's Submission of Forest Cutting
Plan
(a) Any landowner, not exempt from M.G.L.
c. 132, §§ 40 through 46, who plans to cut trees for forest products,
shall provide the proper notification to DCR, the Conservation Commission(s) of
the town(s) in which the cutting area lies, and the abutters of record on file
with the assessor. The landowner shall send the required notification forms by
certified mail or by hand-delivery.
(b) Notification to DCR and the Conservation
Commission(s) shall consist of a properly completed forest cutting plan.
Notification of abutters of record on file with the assessors owners shall
consist of a properly completed form as developed by the Director.
(c) DCR and the Conservation Commission(s)
shall receive the completed forest cutting plan form ten business-days before
cutting begins. The landowner shall mail or hand-deliver notification to
abutters at least ten business-days before cutting begins.
(d) A landowner shall provide all required
information on the proposed forest cutting plan. However, the landowner may
leave blank the operator name, address, and license number, and the starting
date, if unknown at the time of the filing. Before cutting begins, a landowner
shall provide, in writing to DCR, any information left blank.
(e) The landowner shall submit a legible
forest cutting plan and associated maps. The landowner shall submit all maps on
standard 81/2 by 11 inch paper and to a scale adequate to clearly show the
proposed operation. The landowner shall provide separate maps for wetland
resource areas and critical areas, if the Director determines that including
this information on one map makes it difficult to read.
(f) Before filing a forest cutting plan with
DCR, a landowner may need to file an Environmental Notification Form (ENF) in
accordance with M.G.L. c. 30, §§ 61 through 62H (The Massachusetts
Environmental Policy Act (MEPA)) and
301 CMR
11.00:
MEPA Regulations, if the
forest cutting plan exceeds one or more MEPA thresholds. The landowner faces a
good probability of exceeding MEPA thresholds if a forest cutting plan
includes:
1. a clearcut exceeding 25
acres;
2. a clearcut within an
ACEC, exceeding one acre;
3. an
unbridged stream crossing within 1,000 feet upstream of a public water supply
reservoir as measured along the course of the stream from the highwater mark of
the reservoir; or
4. for an
unbridged stream crossing in an ACEC within 2640 feet upstream of a public
surface water supply reservoir as measured along the course of the stream from
the highwater mark of the reservoir.
If the applicability of MEPA thresholds is not clear, the
landowner should contact the MEPA unit for advice or a formal
determination.
If a landowner is required to file an ENF under
301 CMR
11.03(1), the landowner
shall include a copy of the final decision of the Secretary of Environmental
Affairs with the forest cutting plan.
(g) If classified land under M.G.L. c. 61 is
being operated, the landowner shall provide a reasonable estimate of the
stumpage value of the forest products to be cut, and properly paint or blaze
the property boundaries within 50 feet of the cutting area.
(3)
Director's Approval Standards
of Forest Cutting Plan.
(a) The
Director or the Director's Agent shall review the proposed forest cutting plan
for conformance with M.G.L. c. 132, §§ 40 through 46 and the
standards in 302 CMR 16.05.
(b) If
the Director or Director's Agent determines the proposed harvest is in
compliance with M.G.L. c. 132, §§ 40 through 46 and the standards in
302 CMR 16.05, as well as the other requirements of M.G.L. c. 132, §§
40 through 46 and 302 CMR 16.05, he shall approve the forest cutting
plan.
(c) If in the determination
of the Director or the Director's Agent the proposed silvicultural system
conflicts with the stated objectives of the landowner, the Director or the
Director's Agent may bring this conflict to the attention of the landowner who
can then decide whether to redesign the harvest or to carry out the proposed
harvest. The Director or the Director's Agent may also make written comments on
the forest cutting plan providing advice for meeting the landowner's
objectives.
(d) If the proposed
forest cutting plan is not in compliance with M.G.L. c. 132, §§ 40
through 46 or the standards in 302 CMR 16.05, the Director or the Director's
Agent shall notify the landowner and not approve the forest cutting plan. Until
the landowner makes corrections to the forest cutting plan to bring it into
compliance, the landowner cannot begin operating on the
land.
(4)
Director's Consultation with Government Agencies Prior to Forest
Cutting Plan Approval.
(a) The
Director or the Director's Agent may request technical comments from the local
Conservation District regarding plans for erosion and sediment control,
including such items as road, skid trail, and landing locations, ditches,
culverts, water bars and other water control measures, stream crossings and
stabilization and revegetation of roads, skid trails and landings.
(b) The Director or the Director's Agent
shall consult with the Division of Fisheries and Wildlife, Natural Heritage and
Endangered Species Program (NHESP) following the procedures in 302 CMR 16.04(6)
for any forest cutting plan which includes rare wetlands wildlife habitat or
high priority sites of rare species habitat.
(c) The Director or the Director's Agent
shall consider the comments of the public entity which manages the publicly
maintained way in reviewing the proposed forest cutting plan where the
landowner proposes a cut in the buffer strip to promote the public safety along
the edges of publicly maintained ways under 302 CMR
16.05(1)(c).
(5)
Director's Inspection of Cutting Area Prior to Approval of Forest
Cutting Plan. The Director or the Director's Agent may inspect the
cutting area when necessary to determine the suitability of the forest cutting
plan and the conformity of the work to it. The timing and number of field
inspections may vary at the discretion of the Director or the Director's Agent,
except that an inspection shall be made before prior to the approval of any
forest cutting plan involving wetland resource areas, rare or endangered
species habitat or Certified Vernal Pools. When no such areas are involved, if
the Director or the Director's Agent has enough reliable evidence from other
sources to determine that the forest cutting plan is suited to the forest
situation and conforms to M.G.L. c. 132, §§ 40 through 46 and 302 CMR
16.00, he may approve a forest cutting plan without a field inspection. The
Director shall give top priority to inspections of harvesting operations on
watersheds upstream of public surface water supply reservoirs, particularly on
a watershed upstream of an unfiltered water supply and within 1/2 mile
upstream of the reservoir or river intake.
(6)
Special Approval Procedures
for Areas Including Rare Wetlands Wildlife Habitat or High Priority
Sites.
(a)
Rare
Wetlands Wildlife Habitat.
1.
Upon receipt of a forest cutting plan, the Director or the Director's Agent
shall consult the most recent edition of the Massachusetts Natural
Heritage Atlas to determine if the area to be impacted by harvesting
falls within an Estimated Habitat of Rare Wetlands Wildlife.
2. If the proposed activity falls within an
estimated habitat of rare wetlands wildlife, the Director or the Director's
Agent shall forward the forest cutting plan to NHESP.
3. The Director or the Director's Agent shall
notify the landowner or the landowner's agent that the land subject to the
forest cutting plan falls within an estimated habitat of rare wetlands wildlife
and that approval of the forest cutting plan shall be delayed until NHESP has
completed its 15 days review. As per 302 CMR 16.04(9)(c), the landowner shall
be notified that no work can be conducted in areas subject to 302 CMR 16.00
until the forest cutting plan has been approved.
4. Upon receipt of the forest cutting plan,
NHESP shall have 15 days to determine whether the proposed harvest will
negatively impact estimated habitat of rare wetlands wildlife habitat and
report to DCR. If NHESP has not responded within 15 business-days, the Director
or the Director's Agent shall presume that the forest cutting plan will not
affect rare wetlands wildlife.
5.
If NHESP determines that the proposed forest cutting plan shall negatively
impact the estimated habitat of rare wetlands wildlife, it shall advise the
Director or the Director's Agent of its finding and recommend mitigation of the
impact to the estimated habitat of rare wetlands wildlife.
6. Upon receipt of NHESP's recommendations,
the Director or the Director's Agent shall modify the forest cutting plan to
avoid negative impacts to the estimated habitat of rare wetlands wildlife and
shall send NHESP a copy of the approved forest cutting plan.
(b)
High Priority Site
of Rare Species Habitat.
1. Upon
receipt of a forest cutting plan, the Director or the Director's Agent shall
consult the most recent edition of the Massachusetts Natural Heritage
Atlas to determine if the area to be harvested falls within a High
Priority Site of Rare Species Habitat.
2. If the harvest falls within a high
priority site of rare species habitat, the forest cutting plan shall be
forwarded to NHESP.
3. The Director
or the Director's Agent shall notify the landowner or the landowner's agent
that the land subject to the forest cutting plan falls within a high priority
site of rare species habitat, and that approval of the forest cutting plan
shall be delayed until NHESP has completed its ten-days review. The landowner
shall be notified that any work conducted before the forest cutting plan has
been approved may result in the taking of a rare species in violation of M.G.L.
c. 131A.
4. Upon receipt of the
forest cutting plan, NHESP shall have ten days to determine whether the
proposed harvest may result in the taking of rare species and to report to the
Director or the Director's Agent. If NHESP has not responded within ten
business-days, the Director or the Director's Agent shall presume that the
forest cutting plan will not affect rare species.
5. If NHESP determines that the proposed
harvest may result in the taking of rare species, it shall advise DCR of its
findings and make recommendations to avoid the potential taking.
6. Upon receipt of NHESP's recommendations,
the Director or the Director's Agent shall modify the forest cutting plan to
avoid a potential taking of rare species and send NHESP a copy of the approved
forest cutting plan. If the above process has been followed and the landowner
complies with the approved forest cutting plan, it shall be presumed that the
landowner has avoided any potential violations of M.G.L. c. 131A.
(7)
Director's Issuance of an Approved Forest Cutting
Plan.
(a) When the Director or
the Director's Agent approves a forest cutting plan, he shall issue an approved
forest cutting plan and a certificate promptly to the landowner, with copies of
the approved forest cutting plan sent to the appropriate conservation
commission(s) and DEP regional office(s).
(b) If the proposed cutting area is within
the watershed upstream of a public surface water supply reservoir, the Director
or the Director's Agent shall send a copy of the approved forest cutting plan
to the responsible water supply authority and the appropriate DEP regional
office.
(8)
Appeal of Director's or Director's Agent's Decision Approving a
Forest Cutting Plan. An applicant landowner or operator who is
aggrieved by a decision of the Director or the Director's Agent may appeal the
decision within ten days of receipt of the decision, by writing to the Director
of State Parks and Recreation, 9th floor, 251
Causeway Street, Boston, MA 02114. The Director or his designee shall act as
hearing officer and hold an informal hearing within ten days of receipt of the
hearing request and render a written decision within five days of the hearing.
An applicant landowner or operator may appeal this decision within 30 days to
the superior court.
(9)
Landowner's Compliance with an Approved Forest Cutting
Plan.
(a) The landowner or
landowner's agent and the operator are responsible for day-to-day compliance
with an approved forest cutting plan.
(b) The landowner or the landowner's agent
shall have responsibility for insuring that a copy of the approved forest
cutting plan or, where applicable, the proposed forest cutting plan has been
provided to the operator.
(c) The
landowner may have cutting commence as soon as practical after the approved
forest cutting plan has been issued by the Director or the Director's Agent,
and the required ten business-days notification period has elapsed for all
required notifications (DCR, local conservation commission(s), and abutters of
record on file with the assessor), unless the landowner has received a notice
stating that a review by NHESP is required under 302 CMR 16.04(6). If the
landowner is operating under the provision to begin operation after the
ten-business days notification period has elapsed, the landowner shall not
operate on wetlands resource areas until the Director or Director's Agent has
issued an approved forest cutting plan.
(d) The landowner or the landowner's agent
shall have the approved forest cutting plan on the site ready for inspection
whenever work is done. If logging began without an approved forest cutting
plan, a copy of the proposed forest cutting plan must be kept on the site ready
for inspection whenever work is done, and all work must follow the proposed
forest cutting plan.
(e) If logging
began after the ten business-days notification period has elapsed and if the
Director or Director's Agent disapproves the proposed forest cutting plan and
the Director or Director's Agent cannot agree upon acceptable changes with the
landowner or the landowner's agent, or if the required information has not been
provided, the Director or the Director's Agent may stop the work until he or
she can issue an approved forest cutting plan.
(f) When a cutting is under way, the
certificate shall be posted in a conspicuous place at the entrance to the
cutting area. Where possible, it shall be posted next to a public
way.
(10)
Forest Cutting Plan Amendment.
(a) The landowner or landowner's agent shall
notify DCR in writing of any change in an approved forest cutting plan,
including operator and starting date, before a change takes place.
(b) After the Director or Director's Agent
has approved a forest cutting plan the landowner or the landowner's agent may
ask the Director or the Director's Agent to amend the approved forest cutting
plan in writing. The Director or Director's Agent shall determine if the
amendment is significant. If the amendment is significant, then the landowner
or landowner's agent or operator shall file the amendment to the approved
forest cutting plan under the procedures in 302 CMR 16.04. The Director or the
Director's Agent shall distribute the amended approved forest cutting plan as
required in 302 CMR 16.04.
(11)
Inspection by Director or
Director's Agent and Issuance of Stop Orders.
(a) The Director or the Director's Agent may
conduct field inspections at any time during the operation. If the operation
fails to follow the requirements of M.G.L. c. 132, §§ 40 through 46,
302 CMR 16.00, the approved forest cutting plan or - if applicable - a proposed
forest cutting plan, the Director or the Director's Agent may issue a stop
order to immediately shut down the operation until the deficiency is
remedied.
(b) The Director or the
Director's Agent may inspect operations to check compliance with M.G.L. c. 48,
§ 16, the Slash Law, and for conformity to M.G.L. c. 132, §§ 40
through 46 including such practices as the possession of a valid timber
harvester's license, presence on the lot of a valid forest cutting plan, and
the observance of appropriate filter and buffer strip widths.
(c) The Director or a Directors' Agent may
issue a stop order for, among other reasons, failure to submit a notice of
intent to cut and/or a forest cutting plan before an operation begins, failure
to follow the forest cutting plan, starting an operation before the ten
business-days waiting period has passed, and failure to correct any deficiency
in the plan or the operation pointed out by the Director or the Director's
Agent.
(d) When the Director or the
Director's Agent issues a stop work order for an operation, the landowner, the
landowner's agent and the operator shall immediately cease operating. The
Director or the Director's Agent shall work with the landowner or the
landowner's agent and the operator to correct the matters not in compliance.
The stop order shall stay in effect until the Director or the Director's Agent
revokes it. If the landowner or the landowner's agent believes the stop order
was issued in error, the landowner or the landowner's agent may request the
Director to hold a hearing on the stop order. The Director or the Director's
designee shall hold the hearing within ten days of receiving a request for a
hearing.
(12)
Notification of Completed Operation.
(a) The landowner or the landowner's agent
must notify DCR within two weeks of the completion of the operation. If the
landowner or the landowner's agent wants to be present at the final inspection,
he or she shall notify DCR of this intention at that time.
(b) When an operation is complete the
landowner or the landowner's agent shall notify DCR within two weeks of the
completion of the operation, and as soon thereafter as possible a final field
inspection shall be made to determine whether the work conformed to the
approved forest cutting plan. If notice is given two weeks before the work is
finished, the final inspection shall be made within seven days of the
completion date; with later notice, inspection may be made within 30 days after
the completion date. If the work is satisfactory a final report shall be signed
by the Director or the Director's Agent certifying compliance with state
forestry laws. If deficiencies exist, the final report shall not be signed
until they have been corrected. The Director's Agent shall then report to said
Director on the nature of the operation, its extent, the amount of product cut,
and such other information as said Director may require.
(13)
Computation of
Time. The ten-days waiting period that must elapse between the
receipt of notice at DCR and the start of cutting shall be computed using
business-days only. The period shall begin on the first business-day following
the arrival of the notice of intent to cut at DCR and shall end on the tenth
business-day thereafter. All other time periods specified in the law or 302 CMR
16.00 shall be computed using calendar days, unless the last day falls on a
Saturday, Sunday or legal holiday, in which case the last day shall be the next
business day.
(14)
A
Landowner's Request for a Determination of Exemption.
(a) If a forest landowner believes that a
planned operation is exempt from the requirements of M.G.L. c. 132,
§§ 40 through 46 and 302 CMR 16.00, he or she may ask the Director or
the Director's Agent for an exemption by submitting a notice of intent to cut
in the usual way, together with a brief statement about the planned operation
and why it should be exempt.
(b) If
a landowner requests an exemption and the Director or the Director's Agent
judges that the operation is exempt, the landowner shall be so notified. If the
operation is not deemed exempt, the landowner shall be required to file a
forest cutting plan and go through the procedure in 302 CMR 16.00.
(15)
Time an Approved
Forest Cutting Plan is Valid. An approved forest cutting plan is
valid for up to two years from the date of receipt at DCR. At least 30 days
before the expiration date of the approved forest cutting plan, the landowner
or the landowner's agent may submit in writing to DCR a request for an
extension of the forest cutting plan. The request should include the reason for
the request. At his or her discretion, the Director or the Director's Agent may
grant up to two one-year extensions of the forest cutting plan. All logging,
engineering and stabilization requirements of the approved forest cutting plan
must be fulfilled by the completion date of the operation or by the expiration
date, whichever is sooner.
(16)
Landowner's Appointment of a Landowner's Agent.
(a) The landowner, whose land is being
operated, may appoint in writing a landowner's agent to execute the necessary
forms and give the required notifications. However, the landowner shall sign
the proposed forest cutting plan along with the landowner's agent.
(b) The landowner's agent must sign the
forest cutting plan and list his or her full name, address, and phone number on
the forest cutting plan. The appointment of a landowner's agent does not
absolve the landowner of liabilities for failure to comply with 302 CMR
16.00.
