An Act To Improve Harvest Standards for Lands Purchased and Harvested within an 8-year Period
Maine Legislature, Session 121, LD 1518
Committee: Agriculture, Conservation and Forestry
Sponsors: McKEE, EDMONDS, DUPLESSIE, EDER, JACKSON, PINEAU, PIOTTI, WATSON, TREAT
Amends: 12 MRSA §8883

Legislative Document 
No. 1518 
H.P.11lO 
House of Representatives, April 2, 2003 
An Act To Improve Harvest Standards for Lands Purchased and 
Harvested within an 8-year Period 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative McKEE of Wayne. 
Cosponsored by Senator EDMONDS of Cumberland and 
1J1~ 
1J7.1llP£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUPLESSIE of Westbrook, EDER of Portland, JACKSON of Fort Kent, 
PINEAU of Jay, PIOTTI of Unity, WATSON of Bath, Senator: TREAT of Kennebec. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA c. 805, sub-c. 2-A is enacted to read: 
SUBCHAPTER 2-A 
HARVESTING STARDARDS FOR SHORT-TERM ONRERSHIP 
§8711. 
Definitions 
As 
used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Harvest plan. 
"Harvest plan" means a site-specific 
document signed by a professional forester outlining proposed 
harvesting activities to ensure compliance with this subchapter. 
2. 
Heavy cut. 
"Heavy cut" means a harvest that exceeds 20 
acres in size and results in a residual basal area of less than 
square feet per acre of acceptable growing stock of trees over 
4.5 inches in diameter measured at 4 1/2 feet above the ground 
and 
that is 
not 
a 
clear-cut 
as 
defined 
in 
section 
8868, 
subsection 1. 
3. 
Landowner. 
"Landowner" means a person, company or other 
entity that holds title to land, 
including joint owners 
or 
tenants in common. 
If the ownership of the timber located on the 
land is different from the fee ownership of the land, the owner 
of the timber is deemed to be a landowner and is jointly and 
severally responsible with the fee landowner for compliance with 
this subchapter. 
If a corporate landowner is a wholly owned 
subsidiary of another corporation, both parent and subsidiary are 
deemed to be the same landowner. 
4. 
Parcel. 
"Parcel" means 
a contiguous tract of forest 
land. 
5. 
Short-term ownership. 
"Short term ownership" means 
a 
period of less than 8 years between the date that a landowner 
acquires a parcel of land or the timber on a parcel of land and 
the date that landowner conducts a harvest on that parcel. 
§8712. 
Applicability 
This subchapter applies to a parcel of forest land 20 acres 
or greater in size that is purchased or on which the timber 
rights are purchased after July 1, 2003. 
§8713. 
Prohibition on heavy cuts 
Except as provided in sections 8714 and 8715. a landowner 
may not harvest or cause a parcel to be harvested within 8 years 
of acquiring the parcel or timber rights on the parcel in a 
manner that creates a heavy cut. 
§87l4. 
Bean cut allowed with harvest plan 
A landowner may harvest or cause a parcel to be harvested in 
a manner that creates a heavy cut if a harvest plan is prepared 
prior to the harvest and the conditions of this section are met. 
A harvest plan must be prepared for each parcel 
acres or 
greater in area prior to harvesting on that parcel. 
1. Map. 
A harvest plan must include a map indicating: 
A. 
The total area of the parcel: and 
B. 
All areas proposed for harvesting and the forest stand 
type for each area proposed for harvest. 
2. 
Silyicultural 
justification. 
A 
harvest 
plan 
must 
include a statement signed by a professional forester stating the 
reason for the heavy cut. 
The accepted justifications for 
a 
heavy cut are limited to: 
A. 
The removal of poor quality. intolerant. understocked. 
short-lived or mature overstories where the retention of the 
overstory trees is not justified for further increase in 
val ue. as a source of seed or for protection of the new 
stand; 
B. 
Ecologically appropriate 
improvement 
or 
creation of 
wildlife habitat; 
C. 
Harvest of timber stands that if less heavily harvested 
are at high risk for windthrow due to factors such as soils. 
rooting depth. crown ratio or stem quality: or 
D. 
Harvesting of an existing plantation or other forest 
stands 
established 
by 
or 
previously 
treated 
with 
precommercial silvicultural activities as defined in section 
8881. 
3. 
EnyiroDlllental protection. 
A harvest plan must include 
prov~s~ons that address protection of soiL water quality and 
wildlife habitat. 
4. 
Changes to plan: harvest cogpletion. 
When a change is 
made to a harvest plan required under this section, the landowner 
shall keep a record of the change and the reason for the change. 
5. 
Plan available for inspection. 
A landowner must keep a 
copy of the harvest plan, a written description of any changes to 
the plan prior to harvest and 
a 
written description of 
any 
deviation from the plan during the harvest for a minimum of 10 
years from the date the parcel or timber on the parcel was 
acguired. 
The harvest plan and descriptions must be available to 
the Director of the Bureau of Forestry or the director's designee 
upon request. 
A harvest plan provided in accordance with this 
subsection is confidential and is not a public record as defined 
in Title 1, section 402, subsection 3. 
§S715. 
Change in use exemption 
A landowner is exempt from the prohibition under section 
8713 for a 
parcel or a portion of the parcel that is being 
harvested for conversion to another use within 2 years. 
The use 
must be indicated on the harvest notification form reguired under 
section 8883. If the change in use is for residential dwellings, 
the exemption is limited to the total area of the lots or 5 acres 
per dwelling, whichever is less. 
§S716. 
Variance 
The Commissioner of Conservation may grant a variance from 
the reguirements under section 8714 for financial hardship. The 
Commissioner 
of 
Conservation 
shall 
establish 
criteria 
for 
determining financial hardships under which a variance may be 
issued. 
§S717. 
Enforceaent 
The Director of the Bureau of Forestry is responsible for 
enforcing this subchapter. 
Agents of the bureau have the right 
to access land to administer and enforce this subchapter. 
1. Civil violation. 
A violation of this subchapter is a 
civil violation. 
In accordance with subsection 2, fines imposed 
for a violation of this chapter are based on the length of time 
the land was held and the parcel-wide basal area. 
2. 
Schedule of fines. 
Fines 
for 
violations 
under 
this 
subchapter are as provided in this subsection. 
A. 
When the basal area after harvest is less than 60 but 
more than 30 sguare feet of acceptable growing stock per 
acre and: 
(1) 
The land has been held for 24 months or less, the 
fine is $800 per acre of area harvested; 
{ 2} 
Thg lang 
h~1i! been hglg fQr 
tQ 
4~ monthli! or 
leli!s, the fing iii! $600 per acrg Qf area harveli!tgdj 
{ 3} 
The land 
h~1i! been hglg fQr 49 to 72 months or 
less, the fine iii! $400 per acre Qf area haryeli!tgdj and 
{4} 
Thg 
l~ng has been hgld fQr 
tQ 
months or 
less, thg fing i§ ~200 per ~!;;re Qf ~rga h~rvestegj and 
B. 
When thg basal arga aftgr harvest i§ 19ss than 30 sguare 
feet Qf accgptablg grQwing §tQck per a!;;rg ang; 
{I} 
Thg land has bggn hgld fQr 24 mQnth§ or less, the 
fine is $1,000 pgr acre of arga harvg§tedj 
{2} 
The land ha§ bgen hgld fQr 25 to 48 months or 
le§s, the fing i§ $800 per a!;;re of arga harvgstgdi 
{3} 
Thg land ha§ been held fQr 49 to 72 months or 
less, thg fing is $600 pgr acre Qf arga harvestgdj and 
{4} 
The land ha§ been hgld for 73 
tQ 
mQnths or 
les§, thg fine i§ $400 per acrg Qf arga harveli!ted. 
3. 
Fines 
deposited 
in 
dedicated 
account. 
collected undgr this se!;;tion must be deposited in 
account 
and 
usgd 
for 
thg bureau's 
edu!;;ation 
and 
activities. 
§8718. 
Rulemaking 
All 
fines 
a degicated 
enforcement 
The Director of the Bureau Qf FQre§try shall adQpt rules in 
accordance 
with 
Title 
5, 
!;;haptgr 
tQ 
implgment 
this 
subchapter. Rules agopted pur§uant to thi§ 
subch~pter are major 
substantivg rulg§ as dgfingg in Titlg 5, chapter 375, subchapter 
2-A and must be submittgg to the Legislature for review. 
Sec. 2. 12 MRSA §8883, sub-§I, V-I, as enacted by PL 2001, c. 
603, §2, is amended to read; 
F-l. 
An 
indication whether the land being 
taxed under the Maine Tree Growth Tax Law. 
harvested is 
If the land 
being harvested is taxed under the Maine Tree Growth Tax 
Law, 
the notification must include a statement, signed by 
the landowner, 
indicating that the harvest is consistent 
with 
the 
forest 
management 
and harvest plan 
and 
sound 
silvi!;;ultural practi!;;gs as required by Title 36, 
section 
574-B, subsection 1. 
A licensed professional forester who 
has a fiduciary responsibility to the landowner may sign the 
statement required in this paragraph. 
Failure to indicate that the harvest is consistent with the 
forest management and harvest plan constitutes a withdrawal 
from taxation under the Maine Tree Growth Tax Law of the 
land being harvested in a manner that is not consistent with 
the forest management and harvest plan. 
When such failure 
is indicated, the director shall notify the assessor for the 
jurisdiction in which the parcel is located that the land or 
a portion of the land no longer meets the requirements of 
Title 36, chapter 105, subchapter 2-A and must be withdrawn 
in accordance with Title 36, section 581; 
Sec. 3. 12 MRSA §8883, sub-§ 1,~, as amended by PL 1997, c. 
648, §5, is further amended to read: 
I. 
A map locating the harvest site in relation to known or 
easily 
identifiable 
terrain 
features, 
such 
as 
a 
road 
junction or a stream and road junction. 
The map must be a 
copy of a 7.5 or 15 minute series topographical map produced 
by 
the 
United 
States 
Geological 
Surveyor 
a 
map 
of 
equivalent or superior detail in the location of roads; aaa 
Sec. 4. 12 MRSA §8883, sub-§I, ,J, as enacted by PL 1989, c. 
555, §12 and affected by c. 600, Pt. B, §ll, is amended to read: 
J. 
The date of notificationT~ 
Sec. 5.12 MRSA §8883, sub-§I"K is enacted to read: 
K. 
For land or timber purchased after July L 
2003, when 
the land is to be harvested within 8 years of the purchase, 
the landowner must indicate the date of purchase of the land 
or timber on the land. 
SUMMARY 
This 
bill 
establishes 
harvesting 
standards 
for 
land 
harvested within 8 years of purchase or purchase of the timber 
rights. 
It requires 
the 
landowner 
to 
have 
a 
harvest 
plan 
prepared prior to harvest and also requires that a minimum basal 
area of trees of certain size and quality remain after harvest, 
unless one the specified conditions exists.