Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 16.00 - Forest Cutting Practices
Section 16.05 - Standards

Universal Citation: 302 MA Code of Regs 302.16

Current through Register 1531, September 27, 2024

(1)Cutting Trees.

(a) Silviculture - The intent of these forest cutting standards is to provide the landowner with as much choice as possible in the selection of a silvicultural system suited to meet the landowner's objectives, while ensuring that forest land is cut in such a manner so as to maintain or regenerate a stand of healthy, vigorous growing trees so that the values listed in 302 CMR 16.01(1) are not jeopardized.

It is furthermore deemed to be in the interest of M.G.L. c. 132, §§ 40 through 46 that forest cuttings be properly described in terms of accepted silvicultural methods so that the impacts of the various choices can be reasonably understood and measured by both the landowner and the Director or the Director's Agent. However, it is also understood that the variable character of Massachusetts' forests do not always lend themselves to purely textbook application of the listed systems so that leeway shall be given to the landowner to design a system best suited to meet his or her needs.

1. For each stand to be harvested, the landowner shall:
a. list the forest type on the forest cutting plan and associated maps using the types listed in 302 CMR 16.05(1)(a)7.

b. designate the trees to be harvested by marking, as defined, or by a detailed description in the forest cutting plan of the size, species, and quality of trees to be cut and the percentage of the basal area to be removed. The trees to be cut, the trees to be left standing, or the boundary of the cutting area must be clearly marked so as to be discernable by the Director or the Director's Agent from the time the forest cutting plan is submitted through the duration of the operation.

c. state his or her management objectives on the forest cutting plan.

d. state the silvicultural system to be used, selected from those listed under 302 CMR 16.05(1)(a)6., and state whether it is an intermediate cut or a regeneration cut.

e. if the operation is a regeneration cut, the landowner shall state the method used and the expected source of regeneration.

f. if the operation is an intermediate cut, the landowner shall state the type of intermediate cut employed.

g. exceptions to or deviations from these standards or the listed silvicultural systems shall require a narrative justification and approval by the Director or Director's Agent. The justification should be based upon silvicultural principles and shall state the future desired condition of the stand. Allowable exceptions include, but are not limited to, practices designed to meet the purposes listed in 302 CMR 16.01(2).

2. Clearcutting, coppice cuts, or any regeneration cut leaving less mature trees than those required for a seed tree cut (excepting the removal cut of shelterwood, seed tree or similar systems where, in the judgment of the Director's Agent, the advance regeneration is of suitable size and stocking for release) shall meet the following standards:
a. The maximum size of the opening created shall be ten acres unless the source of the regeneration is seeding from surrounding stands, in which case the maximum size shall be five acres or as otherwise approved by the Director or the Director's agent. Clearcuts larger than these limits shall require a specific reason to be given and approved in the forest cutting plan showing that environmental impact is less, or that environmental benefits would be enhanced, by a larger cut. In these cases, the forest cutting plan must also state the silvicultural justification for the larger area and list the provisions necessary to insure adequate regeneration and mitigation of environmental impacts.

b. Clearcuts separated by less than 100 feet of forest maintained at or above "B-Level" stocking shall be considered to be one clearcut.

c. Clearcutting cannot occur within filter and buffer strips, on slopes of 60% or more, or within wetlands.

d. Where regeneration of a clearcut is to be obtained by seeding from surrounding uncut mature stands of light-seeded species, the clearcut shall be so shaped that all parts are within the effective seeding range of the dominant tree species within the adjoining uncut mature timber stand. The adjoining stand must be at least 21/2 acres in size.

3. For seed-tree regeneration cuts, at least four seed trees of 20 inches DBH or greater, or 12 seed trees of 14 to 20 inches D.B.H. must be left per acre. Seed trees must be full-crowned healthy trees of light seeded species of seed bearing age, well-suited to the site and left well distributed over the area.

4. For any regeneration cut, one of the following standards must be met:
a. More than 1,000 seedlings, seedling sprouts, saplings, or sapling sprouts per acre of tree species well suited to growing on the site are present as advance regeneration.

b. The stand shall be replanted with at least 1,000 seedlings per acre of tree species well suited to growing on the site.

c. The stand shall be direct seeded with seed of a tree species well suited to growing on the site in sufficient numbers to insure 1,000 seedlings per acre under normal conditions, or,

d. In the determination of the Director or the Director's Agent, the conditions exist to meet the same standards as 302 CMR 16.05(1)(a)4.a. within five growing seasons through natural seeding and sprouting.

5. For any intermediate cut, the residual stand must contain sufficient numbers of healthy, undamaged trees greater than five inches DBH to constitute a stocking level at or above "C-Level" on the appropriate stocking chart.

6. Standard silvicultural systems
a. Even-aged systems
i. Clearcut

ii. Seed-tree

iii. Shelterwood

iv. Coppice

v. Coppice with standards

b. Uneven-aged systems. Selection

The Chapter 132 Guidance Manual, available from DCR, contains descriptions of these systems as well as a listing of applicable silvicultural references.

7. Forest Types. All forest cutting plans shall identify forest types according to the following classification:

WP White Pine - Eastern white pine is pure or predominant. Grows well on moist sandy loam soils.

WK Eastern White Pine and Eastern Hemlock - A large assortment of hardwood is found with these conifers. Pine usually predominates. Although found in all counties, more usually found in Plymouth, Worcester and counties west.

WH White Pine - Hardwoods - Eastern white pine, northern red oak and other hardwoods predominate with red maple as the chief associates. Rarely a permanent type, but tends to develop into

WK. WO White Pine - Oak - Eastern white pine and northern red oak or black oak predominate. Type has some chestnut oak but usually black, red or scarlet. An assortment of hardwoods are associated.

RP Red Pine - Red pine, although able to reproduce naturally, is mostly found in plantations.

PP Pitch Pine - Pitch pine is pure or predominant. Chief associates are chestnut, scarlet and red oak. Found on dry soils predominantly near the coast, Cape Cod and Plymouth County, and scattered dry sites in Worcester, Franklin and Hampden Counties.

PO Pitch Pine - Oak - Pitch pine predominates with scarlet or red oak. In Massachusetts, found where the pure pitch pine type is found and usually the result of fire or cutting.

HK Hemlock - Eastern hemlock is pure or predominant over many associates. Found throughout Massachusetts but more prevalent in Plymouth and west of Connecticut River. Often is the result of cutting of pine in a WK stand. Uncommon as a natural pure stand.

HH Hemlock - Hardwoods - Hemlock and yellow birch dominates the mixture with sugar maple, beech and red oak as associates. Found on moist sites.

TK Tamarack (Larch) - Tamarack is pure or predominant in the stand. Always associated with moist or wet sites. Uncommon and found mostly in northwestern Massachusetts in very scattered stands.

CD Cedar - Either Atlantic white cedar or eastern red cedar are predominant over any other associates.

SN Spruce, Norway - Norway spruce is either pure or predominant and is the result of artificial reforestation.

SR Spruce, Red - Stand dominated by red spruce and associated hardwoods such as yellow birch, sugar maple, red maple and beech. Natural stands found only in Berkshire and northern Franklin Counties predominantly on upland sites.

SF Spruce - Fir - Stand consists predominantly of red or black spruce and balsam fir. Common associates are red maple and paper birch. Found only as a natural stand in Berkshire and northern Franklin Counties predominantly on wetter sites.

OR Northern Red Oak - Northern red oak is predominant with other oaks being the chief associates.

OH Oak - Hardwoods - Stands contain mixtures of red, white, black and scarlet oak, hickories and associated other hardwoods. Oaks and hickories predominate.

OM Mixed Oak - Stands predominantly black, white and red oak with associates of maple and birch. If treated, these stands usually become red oak only.

BW White Birch - White birch is pure or predominant. Pioneer type that is succeeded by spruce-fir, white pine or northern hardwoods.

BM Gray Birch - Red Maple - Gray birch and red maple predominate. Generally a pioneer type found on abandoned fields, tend towards dry sites but found in some moist areas.

BB Beech - Birch Maple - The true northern hardwood type - sugar maple, yellow birch and beech are the component species; many associated species. Climax type throughout Massachusetts, but predominantly in western Massachusetts.

BE Beech - Stands predominantly beech and sugar maple. Due to past cuttings, stands may be predominantly beech.

BL Black Locust - Black locust is pure or predominant. Often, initially the result of artificial reforestation. Many associated species.

PC Pin Cherry - This is a temporary type usually found for a few years after a clearing operation (either clear cutting or after a fire). Common associates are mixtures of many hardwoods.

BC Black Cherry - Northern hardwoods predominate, with black cherry the most common species.

RM Red Maple, Swamp Hardwoods - Stands are pure or contain mixtures of red maple, silver maple, black and green ash, American elm, river birch and sycamore. A large number of associated species are found in these forested wetlands.

SM Sugar Maple - Sugar maple is either pure or predominant. Small proportions of other northern hardwoods are found. Often the results of sugarbush management.

PA Poplar, Aspen or Willow - Stands dominated by quaking aspen, bigtooth aspen or willow. Paper birch, pin cherry and red maple are common associates of this pioneer type.

OT Other - Describe on forest cutting plan,

(b) All trees within or on the boundaries of a public way are public shade trees and are subject to special regulation under M.G.L. c. 87. The town tree warden or the designated city official administers M.G.L. c. 87. Before such trees can be cut, the appropriate municipal official must give permission, after a public hearing.

(c) Buffer Strips shall be left along the edges of publicly maintained ways (except along forest management roads in federal, state, county or municipal forests, parks or reservations) to improve the visual quality of the landscape. Within these buffer strips, unless public safety along the road requires a different standard, no more than 50% of the basal area shall be cut at any one time and a waiting period of five years must elapse before another cut is made. The residual stand shall be composed of healthy growing trees well distributed over the area. Slash shall be disposed of as required by M.G.L. c. 48, § 16. Buffer strips shall extend 50 feet back from the outer edge of the highway, except for designated scenic roads, where it shall be 100 feet.

(d) Filter strips shall be left along the edges of all water bodies and Certified Vernal Pools. No more than 50% of the basal area shall be cut at any one time and a waiting period of five years must elapse before another cut is made. The residual stand shall be composed of healthy growing trees well distributed over the area. Exceptions to this standard may be granted by the Director or the Director's agent, if it is shown in the forest cutting plan that a heavier cut is necessary to protect the stream, the bank or water quality. Equipment restrictions within filter strips are listed under 302 CMR 16.05(2): Engineering and Logging. The filter strip shall extend 50 feet back from the bank, except in the following cases (all distances shall be measured along the slope):
1. Where slopes within the filter strip are 30% or greater, the filter strip shall extend 100 feet back from the bank, or to the point between 50 and 100 feet from the bank, where a break in the topography reduces the slope to less than 30%.

2. Along Outstanding Resource Waters and their tributaries (excluding Vernal Pools and bordering vegetated wetlands), streams which are 25 feet or more from bank to bank, and ponds of ten acres or greater, where the "Variable filter strip widths for municipal watersheds and critical areas" (Table 1) shall be used.

Table 1. Variable filter strip widths for municipal watersheds and critical areas. Required along Outstanding Resource Waters and their tributaries, streams measuring greater than 25 feet, bank to bank, and ponds greater than ten acres.

Slope (%)

Filter strip width (feet)

0

50

10

90

20

130

30

170

40

210

50

250

60

290

70

330

80

370

90

410

100

450

(e) Bordering Vegetated Wetlands require close attention to insure that they continue to perform their special water quality functions. No more than 50% of the basal area shall be cut at any one time as single trees or in small patches, and a waiting period of five years shall elapse before another cut is made. The residual stand shall be composed of healthy growing groups of trees well distributed over the site. Slash shall be disposed of as required by law (M.G.L. c. 48, § 16). Each area where trees will be cut in a wetland must be accurately shown on the forest cutting plan map, and the forest cutting plan must state the acreage of wetlands to be cut.

(f) For Certified Vernal Pools, the landowner and operator shall keep tree tops and slash out of the pool depression. If an occasional top does land in the pool, the operator shall leave it only if it falls in during the breeding season (approximately March 1 through July 1) and its removal will disturb newly-laid eggs or newly-hatched amphibians.

(g) In High Elevation Land, the landowner may need special permits from the Conservation Commission in towns that have adopted M.G.L. c. 131, § 39A which provides for the Protection of the Mountainous Regions of Berkshire County.

(h) Scenic Rivers - Cuts in areas designated under federal and state laws as scenic rivers or wild and scenic rivers maybe subject to additional management requirements. See 16 U.S.C. §§ 1271 through 1287, and M.G.L. c. 21A, § 11C, and 302 CMR 3.00: Scenic and Recreational Rivers Orders.

(2) Engineering and Logging.

(a) Roads, Skid Roads and Skid Trails shall be laid out, constructed, maintained and stabilized according to the principles set forth in the BMP Manual.
1. Adequate drainage ditches, culverts, and water bars shall be provided and runoff shall be led into appropriate filter strips or hay bale impoundments to remove sediments before discharging into wetlands, water bodies, or Certified Vernal Pools.

2. All principal skid trails shall be stabilized whenever they are to be left inactive for a period of over one month, or whenever the Director or the Director's Agent determines such work to be necessary. All necessary and required erosion control and stabilization work shall be performed by the completion of the operation.

3. The forest cutting plan must include a narrative of the erosion control measures to be used. The forest cutting plan map must show the location of all truck roads, principal skid roads, stream and wetland crossings, and general skid road locations, as well as the general location of appropriate erosion control measures.

4. Special care shall be taken on sustained steep slopes (grades of 30% or more for a slope distance of 200 feet or more) to prevent erosion from roads, skid roads and skid trails by closely following the drainage and erosion control practices listed in the BMP Manual, particularly the water bars and other measures needed to stabilize steep skid roads. When such steep slopes are operated, the specific measures to be used to control erosion on these areas must be detailed in the forest cutting plan, and the steep slope areas must be indicated on the forest cutting plan map.

5. Wheeled or tracked harvesting equipment shall not be operated on slopes of 60% or more unless special permission is given by the Director or the Director's Agent in the forest cutting plan. In these cases, the applicant must show that the soils are stable and that measures shall be used to minimize erosion during and following the operation.

(b) Wetland Resource Areas and Certified Vernal Pools shall have the following special attention:
1. Wetland resource areas that shall be crossed or logged in or lie adjacent to any harvesting activity shall be accurately shown and labeled on the forest cutting plan map.

2. Every reasonable effort shall be made, including trying to obtain a right-of-way over abutting ownerships, to avoid or minimize access through wetland resource areas. Where a crossing is essential, then existing old accessways shall be rehabilitated and used provided it is shown that this shall cause less disturbance than constructing a new accessway. Rehabilitation and new construction shall be done to the standards contained in the BMP Manual. Temporary forest drainage structures shall be removed at the completion of the operation and the site shall be stabilized. The installation of permanent stream crossings and the construction of permanent roads involving fill in wetland resource areas requires the approval of the town Conservation Commission under M.G.L. c. 131, §40.

3. B ordering vegetated wetlands shall not be operated except when the ground is frozen, dry or otherwise stable enough to support the logging equipment used. When these conditions are not met, the forest cutting plan requires special approval by the Director or the Director's Agent, after showing it shall help avoid significant environmental damage. The locations of such crossings shall be marked on the ground by paint or flagging when the forest cutting plan is filed, and clearly shown on the forest cutting plan map. If for any reason the crossing needs to be changed during the operation the Director or the Director's Agent must be notified for approval, but no amendment of the forest cutting plan would be necessary if the site conditions and method of crossing remain the same.

4. Certified Vernal Pools - No equipment shall be allowed to operate within the Vernal Pool depression at any time of the year. Within the 50 foot filter strip, the filter strip restrictions must be followed.

5. All stream crossings shall be built, maintained, and stabilized according to the principles set forth in the BMP Manual, and by methods shown on the table below. All stream crossings shall be made at right angles to the stream channel. When crossings involve fill or other closed or semi-closed structures which will obstruct flow, they shall be designed to accommodate at least the 25-year storm and built and maintained to the standards set forth in the BMP Manual. All banks and approaches to stream crossings must be adequately stabilized. All stream crossings shall be accurately mapped and labeled on the forest cutting plan map and marked on the ground with paint or flagging at the time the forest cutting plan is filed. If for any reason the crossing must be changed during the operation the Director or the Director's Agent must be notified for approval, but no amendment of the approved forest cutting plan would be necessary if the site conditions and method of crossing remain the same.

Table 2. Acceptable mitigation methods for crossing streams.

Banks

Streambed

Acceptable Mitigation Methods

Shallow <1 ft.)

Rocky

Ford (with approaches stabilized), corduroy, culvert, bridge

Steep (>1 ft.)

Soft Rocky

Corduroy, corduroy with culvert, bridge Corduroy, culvert, bridge

Soft

Corduroy, culvert, bridge

6. Where a culvert is to be used, the forest cutting plan must state the diameter of the culvert based upon the culvert sizing table in the BMP Manual.

7. Within 1,000 feet upstream of a public water supply reservoir, measured along the course of the stream from the highwater mark of the reservoir, all stream crossings must use a temporary bridge. Exceptions to this require filing of an environmental notification form in compliance with 302 CMR 16.06(2)(f).

8. All soils exposed during work shall be stabilized as needed according to the standards set forth in the BMP Manual.

(c) Filter Strips shall be left along the edges of all water bodies and Certified Vernal Pools. To prevent soil compaction it is essential that no logging equipment run over the surface of the ground within the filter strip, except
1. to reduce environmental damage which is shown to be necessary by a statement in the approved forest cutting plan, or

2. at a stream crossing, or

3. on a pre-existing logging road, or

4. in filter strips greater than 50 feet, beyond 50 feet from the water body.

In these cases, equipment can operate in the area beyond 50 feet of the waterbody in order to harvest trees, provided that no principal skid trail is located within the filter strip, that disturbance of the forest floor is kept to a minimum, and any disturbed soil is promptly stabilized. In all cases, cut trees shall be pulled out of the strip and slash shall be treated as required by law (M.G.L. c. 48, § 16).

(d) Landings shall have all unnatural debris such as cans, papers, discarded tires, metal parts and other junk removed. Waste wood such as branches, cut log ends and logs shall be placed neatly to improve the appearance of the landing and promote rapid decay. The soil shall be stabilized and if necessary seeded to grass at the end of the operation. To reduce the tracking of mud onto public roads to a safe level during the operation, part of the access road shall be graveled or mulched, or use shall be curtailed during wet weather or mud shall be immediately removed from the public road.

(3) Volume Standards. For the purposes of determining volumes on lots claiming an exemption or on lots where no forest cutting plans are filed, or for settling disputes relative to M.G.L. c. 132, §§ 40 through 46, the following standards shall be used (merchantable material left on the lot, but not utilized, shall be included):

(a) Equations. All volumes shall be measured in terms of board-feet or cords. Board foot and cord volumes are defined as follows:
1. Board foot volumes shall be computed using the Form Class 78 International 1/4-inch Log Rule. The formula is:

where: Click to view image

DBH = diameter at breast height

HT = merchantable height in feet

F = 0.78

2. Cord volume shall be computed using a conversion factor of one-cord equals 80 cubic feet of solid wood. The formula for computing cubic foot volume is as follows:

where: Click to view image

V1 = .OOlxDBH

V2 = 1.94 + (.01xDBH)

V3 = (.026xHT) - (.000156xHT2) + (.32÷HT)

3. For the purpose of determining threshold volumes on harvests involving both board-feet and cords, two cords shall be considered equal to 1,000 board-feet,

(b) Measurement Standards.
1. Board-feet - minimum diameters for board foot volume are assumed to be ten inches DBH for both softwoods and hardwoods to an eight-inch top-diameter (outside bark).

2. Cordwood - minimum diameters for cubic foot volume are six inches DBH to a four inches top diameter (outside bark).

3. DBH - diameter at breast height (four and one-half feet) to the nearest one-inch class (for example, a ten-inch tree ranges from 9.6 to 10.5 inches). If the trees have been severed, the DBH shall be estimated using the equations and procedures given in "Predicting Diameter at Breast Height for Stump Diameters for Northeastern Tree Species" by Eric H. Wharton, USDA Forest Service, NE-322, 1984. Stump heights are assumed to be one-foot or less.

4. Height - height shall be measured (or estimated) in number of half-logs to a top diameter outside the bark of eight inches for sawlogs and four inches for cordwood. A half-log is eight feet. If the trees are cut, the height shall be measured either using the tops left, if in place, or by making a local height over diameter curve from trees left within the cut. If all trees and tops are removed, the height-over-diameter curve shall be made from the closest like timber stand.

5. Soundness - Trees shall be given full measure for height and diameter. Any defect in the tree shall be accounted for by application of a soundness factor, as shown in Table 3. The volume to be deducted for defect from each half-log shall be obtained by multiplying the soundness factor by the gross volume of the half-log. The half-log volume shall be determined by multiplying total tree volume by the appropriate percentage from Table 4.

Table 3. Determining tree defect (soundness).

Soundness Class

Factor

Soundness Range

1

1.00

96 - 100

2

.93

89-95

3

.86

82-88

4

.78

73-81

5

.65

50-72

Table 4. Guide to the percentage of a tree's total volume contained in each half-log.

Log Height

Number of half-logs

1

2

3

4

5

6

7

8

9

10

1.0

56

44

1.5

41

32

27

Percentage of total volume per half-log

2.0

33

26

22

19

2.5

27

23

19

17

14

3.0

24

20

18

15

13

10

3.5

22

19

17

14

13

9

6

4.0

20

17

16

13

12

9

8

5

4.5

19

16

15

12

11

9

8

6

4

5.0

18

15

13

12

11

9

8

6

5

3

Half-logs less than 50% sound shall not be tallied. The soundness factor shall be applied to the volume measure of half-logs of sound volume greater than or equal to 50%.

6. Tops - the tops of sawlog trees shall not be included for the purposes of determining the threshold volumes when they are lopped in accordance with the slash law (M.G.L. c. 48, § 16).

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