An Act To Change the Point System for Clearing Vegetation Adjacent to Protected Natural Resources
Maine Legislature, Session 121, LD 1858
Committee: Natural Resources
Amends: 38 MRSA §480-Q

Legislative Document 
No. 1858 
S.P.705 
In Senate, February 18,2004 
An Act To Change the Point System for Clearing Vegetation 
Adjacent to Protected Natural Resources 
Reported by Senator MARTIN of Aroostook for the Joint Standing Committee on Natural 
Resources pursuant to Joint Order 2004, S.P. 684. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §480-Q, sub-§23, 
as enacted by PL 2001, c. 
618, §5, is amended to read: 
23. 
Cutting or clearing subject to mandatory shoreland 
zoning laws. 
Cutting or clearing of upland vegetation adjacent 
to those protected natural resources listed in section 480-C, 
subsection 1, paragraph A or B for a purpose other than forest 
management as long as: 
A. The cutting or clearing is subject to the jurisdiction of 
a 
municipality pursuant 
to 
chapter 
3, 
subchapter 
~ 1, 
article 2-B: or 
B. 
If the cutting or clearing is not 
subject 
to 
the 
jurisdiction 
of 
a 
municipality 
pursuant 
to 
chapter 
3, 
subchapter 
~ 1, article 2-B, vegetation within the adjacent 
area is maintained as follows: 
(1) 
There is 
no 
cleared opening greater than 
square feet in the forest canopy as measured from the 
outer limits of the tree crown, except that a footpath 
may 
be 
eeBst~aetea established 
for 
the 
purpose 
of 
access to water if it does not exceed 6 feet in width 
as measured between tree trunks and has at least one 
bend in its path to divert channelized runoff; 
(2) 
Any selective cutting of trees wi thin the buffer 
strip leaves 
a 
well-distributed stand of trees 
and 
other natural vegetation. 
(a) 
For 
the purposes of this 
subparagraph, 
a 
"well-distributed stand of trees aBa-et.A.e~-Hat.\i£al 
ve~etatieB" is defined as maintaining a 
rating 
score of 8 or more points in a 25-foot by 
69-~eet. 
sEfaa~e 50-foot rectangular area as determined by 
the following rating system. 
(i) 
A tree with a diameter at 4 112 feet 
above ground level of 6-te-4 ~2~.~0~t~o~l~e~s~s~~t~h~a~n 
~ 
inches has a point value of one. 
(ii ) 
A tree with a diameter at 4 1/2 feet 
above ground level of me~e-~£~£-~-~aG&&&-aBa 
ap--t-o--aBa--1no-1-ud-i-nq--la 4.0 inches to less 
than 8.0 inches has a point value of 2. 
(iii) 
A tree with a diameter at 4 1/2 feet 
above ground level of me~e-tA.aB-16 8.0 inches 
to less than 12.0 inches has a point value of 
4. 
(iv) 
A tree with a diameter at 4 1/2 feet 
above ground level of 12.0 or more inches has 
a point value of 8. 
A landowner or lessee may not for any purpose, 
including the purpose of prohibiting the growth 
and recruitment of young trees into the class of 
trees that have a diameter at 4 
2 feet above 
ground level of 2.0 inches, aggressively eliminate 
all woody vegetation that exceeds 3 feet in height. 
(b) 
In applying this point system: 
(i) 
The 25-foot by 
69-fee~--~~aFe 50-foot 
rectangular plots must be established where 
the 
landowner 
or 
lessee 
proposes 
clearing 
within the required buffer; 
(ii) 
Each successive plot must be adj acent 
to, but may not overlap, a previous plot; 
(iii) 
Any plot not containing the required 
points may have no vegetation removed except 
as otherwise allowed by this subsection; and 
(iv) 
Any plot containing the required points 
may 
have 
vegetation 
removed 
down 
to 
the 
minimum 
points 
required 
or 
as 
otherwise 
allowed by this subsection; 
(3) 
In addition to the requirements of subparagraph 
(2), no more than 
400~ of the total volume of trees 4 
hQ inches or more in diameter, measured 4 1/2 feet 
above ground level, is selectively cut in any 10-year 
period; 
(4) 
In order to protect water quality and wildlife 
habitat, existing vegetation under 3 feet in height and 
other 
ground 
cover 
is ~ not 
removed 
except 
for 
eeas~FQe~iea establishment of a footpath as provided in 
subparagraph (1); 
(5) 
Tree branches are not pruned except on the bottom 
1/3 of the tree as long as tree vitality will not be 
adversely affected; and 
(6) 
In order to maintain a buffer strip of vegetation, 
when the removal of storm-damaged, diseased, unsafe or 
dead trees results in the creation of cleared openings 
in excess 
of 
square 
feet, 
these 
openings 
are 
replanted with native tree species 
unless 
there is 
existing new tree growth. 
blea~eQ-~~-le~all~-~~~~~~-9B-~~--lT 
6gg6-maY-Be-maiBtaiBeQ-BHt-may-Bet-Be-eBla~~eQT 
Cleared openings legally in existence on September 1, 2002 may be 
maintained but may not be enlarged. 
This 
subsection applies 
to 
an 
area with vegetation 
primarily of shrubs, 
trees or other woody vegetation 
regard to whether the area was previously cut or cleared; 
SUMMARY 
composed 
without 
This bill amends the point system for clearing vegetation 
adjacent to protected natural resources pursuant to Joint Order 
2004, S.P. 684. 
It changes the definition of "well-distributed 
stand of trees" by increasing the area from a 25-foot by 25-foot 
square area to a 
25-foot by 50-foot rectangular area and by 
changing the rating system. 
The bill also prohibits a landowner 
or lessee from aggressively eliminating all woody vegetation that 
exceeds 3 feet in height.