An Act To Change Regulation of Forestry Activities
Maine Legislature, Session 125, LD 1739
Committee Amendment CA_A_S471 (Senate)
Amends: 12 MRSA §685-A, 12 MRSA §8867-C, 12 MRSA §8867-D, 12 MRSA §8867-E, 12 MRSA §8867-F, 12 MRSA §8868, 38 MRSA §438-B, 38 MRSA §480-E, 38 MRSA §480-Q

COMMITTEE AMENDMENT " A" to S.P. 596, L.D. 1739, Bill, "An Act To 
Change Regulation of Forestry Activities" 
Amend the bill by striking out everything after the enacting clause and before 
summary and inserting the following: 
'Sec. 1. 12 MRSA §685-A, sub-§12, as repealed and replaced by PL 2005, c. 
226, § 1, is amended to read: 
12. 
Timber harvesting activities. 
Rules adopted by the Commissioner of 
Conservation pursuant to section 8867-B for the purpose of regulating timber harvesting 
and timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and 
tidal waters become effective for the unorganized and de organized areas on the date 
established under Title 38, section 438-B, subsection 5. 
The Director of the Bureau of Forestry within the Department of Conservation shall 
administer and enforce the regulation of timber harvesting and timber harvesting 
activities in these areas. For the purposes of this subsection, "timber harvesting" and 
"timber harvesting activities" have the same meanings as in section 8868, subsections 4 
and 5. 
Beginning November 1, 2012, the Director of the Bureau of Forestry within the 
Department of Conservation shall administer and enforce the regulation of timber 
harvesting and timber harvesting activities in protection districts and management 
districts in accordance with rules adopted under section 8867-D. 
Sec. 2. 12 MRSA §685-A, sub-§14 is enacted to read: 
14. 
Land management roads, gravel pits and water crossings. 
Beginning 
November 1, 2012, the Director of the Bureau of Forestry within the Department of 
Conservation shall administer and enforce the regulation of construction, maintenance 
and repair of land management roads, water crossings and gravel pits of less than 5 acres 
in protection districts and management districts in accordance with rules adopted under 
section 8867-E. For the purposes of this subsection, "land management road" has the 
same meaning as under section 8868, subsection 7. 
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COMMITTEE AMENDMENT" A" to S.P. 596, L.D. 1739 
Sec.3. 12 MRSA §8867-C is enacted to read: 
§8867-C. Enhancement of cold water fisheries habitat 
By November 1, 2012, the Commissioner of Conservation shall adopt rules to allow 
activities that enhance cold water fishery habitat without a permit or fee. The rules must 
establish standards for the placement of wood in stream channels and specifY that only a 
licensed forester trained by the bureau in cooperation with the Department of Inland 
Fisheries and Wildlife in techniques to enhance fisheries habitat may implement these 
techniques. 
In developing standards to enhance brook trout habitat and the training required to 
implement habitat enhancement, the Commissioner of Conservation shall consult with the 
Department of Inland Fisheries and Wildlife, the Department of Marine Resources and 
the Department of Environmental Protection. The bureau shall notifY the departments of 
habitat enhancement activities conducted under this section. 
A permit is not required for activities conducted in accordance with the rules adopted 
under this section in stream segments that have been identified by the Depal1ment of 
Inland Fisheries and Wildlife as lacking desired habitat features. The Department of 
Marine Resources must be consulted and approve of any habitat enhancement under this 
section on a stream that is identified as Atlantic salmon habitat. 
The initial rules adopted under this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. Subsequent amendments to those rules are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. This section does not 
relieve a person from meeting the requirements of section 8867-B or Title 38, chapter 3, 
subchapter 1, article 2-B. 
Sec. 4. 12 MRSA §8867-D is enacted to read: 
§8867-D. Regulation of timber harvesting and timber harvesting activities within 
the unorganized and deorganized areas of the State 
Beginning November 1, 2012, the director of the bureau shall administer and enforce 
the regulation of timber harvesting and timber harvesting activities in areas classified as 
protection districts and management districts by the commission in accordance with 
section 685-A. The Commissioner of Conservation shall establish standards in rule to 
implement this section. 
The initial rules adopted under this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. Subsequent amendments to those rules are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 5. 12 MRSA §8867-E is enacted to read: 
§8867-E. Regulation of land management roads, gravel pits and water crossings 
within the unorganized and deorganized areas of the State 
1. 
Regulation. 
In accordance with section 685-A, subsection 14, beginning 
November 1, 2012, the director of the bureau shall administer and enforce the regulation 
of construction, maintenance and repair of land management roads, water crossings and 
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COMMITTEE AMENDMENT" A" to S.P. 596, L.D. 1739 
gravel pits ofless than 5 acres in areas designated as protection districts and management 
districts by the commission. 
2. Rules. The Commissioner of Conservation shall adopt rules to implement this 
section. Initial rules adopted under this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. Subsequent amendments to those rules are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. Rules adopted under 
this subsection must be adopted in consultation with the commission. The rules must: 
A. Require a permit from the bureau for activities located within areas of special 
flood hazard as defined in the commission's rules; 
B. 
Include standards to protect outstanding river segments, historic, scenic, 
scientific, recreational and aesthetic resources in districts classified by the 
commission for special protection and delineated on land use maps adopted under 
section 685-A. subsection 7-A; and 
C. 
Require review by and approval from the commission for any activity in a 
protection disttict described in paragraph B that requires a pennit. 
Sec. 6. 12 MRSA §8867-F is enacted to read: 
§8867-F. Fee schedule 
The bureau shall establish a schedule of fees through rulemaking for the 
administration of sections 8867-D and 8867-E. Notwithstanding Title 5, section 8071, 
subsection 2, paragraph A, rules adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. The bureau may not issue an 
approval, certificate, special exception or variance until the required fee has been paid. 
Sec. 7. 12 MRSA §8868, sub-§l-A is enacted to read: 
I-A. 
Commission. 
"Commission" means the Maine Land Use Regulation 
Commission established under section 683. 
Sec. 8. 12 MRSA §8868, sub-§5, as enacted by PL 1999, c. 695, §2, is amended 
to read: 
5. 
Timber harvesting activities. 
"Timber harvesting activities" means timber 
harvesting, the construction and maintenance of roads used primarily for timber 
harvesting, the mining of gravel used for the construction and maintenance of roads used 
primarily for timber harvesting and other activities conducted to facilitate timber 
harvesting. 
Sec. 9. 12 MRSA §8868, sub-§7 is enacted to read: 
7. Land management road. "Land management road" means a road constructed 
and used primarily for agricultural or forest management activities. 
Sec. 10. 38 MRSA §438-B, as amended by PL 2005, c. 397, Pt. C, §23 and 
affected by §24, is further amended to read: 
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COMMITTEE AMENDMENT" A" to S.P. 596, L.D. 1739 
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§438-B. Timber harvesting and timber harvesting activities in shoreland areas; 
authority of Director of the Bureau of Forestry in the Department of 
Conservation 
Except as provided in subsection 4, beginning on the effective date established under 
subsection 5, rules adopted by the Commissioner of Conservation under Title 12, section 
8867-B apply statewide for the purpose of regulating timber harvesting and timber 
harvesting activities in shore land areas. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Director" means the Director of the Bureau of Forestry within the Department of 
Conservation. 
B. 
"Statewide standards" means the performance standards for timber harvesting 
activities adopted pursuant to Title 12, section 8867-B. 
C. "Timber harvesting" means cutting or removal of timber for the primary purpose 
of selling or processing forest products. 
D. 
"Timber harvesting activities" means the construction and maintenance of roads 
used primarily for timber harvesting and other activities conducted to facilitate timber 
harvesting. 
2. Municipal acceptance of statewide standards. A municipality may choose to 
have the statewide standards apply to timber harvesting and timber harvesting activities in 
that municipality by authorizing the repeal of all provisions within the municipal 
shoreland zoning ordinance that regulate timber harvesting and timber harvesting 
activities in shoreland areas and notifying the director of the repeal. The authorization 
must specify a repeal date consistent with the effective date established under subsection 
-3-. 
When a municipality accepts the statewide standards in accordance with this 
subsection, the director shall administer and enforce the statewide standards within that 
municipality beginning on the effective date established under subsection 5 or the 
municipal repeal date specified in the notification received under this subsection. 
3. 
Municipal adoption of ordinance identical to statewide standards. 
A 
municipality may adopt an ordinance to regulate timber harvesting and timber harvesting 
activities that is identical to the statewide standards. A municipality that adopts an 
ordinance under this subsection may request the director to administer and enforce the 
ordinance or to participate in joint administration and enforcement of the ordinance with 
the municipality beginning on the effective date established under subsection 5 or within 
days of the director's receiving a request. 
When a municipality requests joint 
responsibilities, the director and the municipality shall enter into an agreement that 
delineates the administrative and enforcement duties of each. To continue to receive 
administrative and enforcement assistance from the director under this subsection, a 
municipality must amend its ordinance as necessary to maintain identical provisions with 
the statewide standards. 
4. 
Municipal ordinances that are not identical to statewide standards. 
A 
municipal ordinance regulating timber harvesting and timber harvesting activities that is 
in effect and consistent with state laws and rules in effect on December 31, 2005 
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COMMITTEE AMENDMENT" A" to S.P. 596, L.D. 1739 
continues in effect unless action is taken in accordance with subsection 2 or 3. 
A 
municipality that retains an ordinance with provisions that differ from the statewide 
standards shall administer and enforce that ordinance unless the municipality requests 
that the director administer and enforce the ordinance and the director agrees with the 
request after reviewing the ordinance. The director may not administer or enforce any 
ordinance that is more stringent than or significantly different from the requirements of 
section 438-A. A municipality may not amend a municipal ordinance regulating timber 
harvesting and timber harvesting activities unless the process established in Title 12, 
section 8869, subsection 8 is followed. Beginning on the effective date established under 
subsection 5, a municipality may not amend an ordinance regulating timber harvesting 
and timber harvesting activities in a manner that results in standards that are less stringent 
than or otherwise conflict with the statewide standards. 
5. Effective date for statewide standards. Except as provided in subsection 4, 
rules adopted by the COlmnissioner of Conservation under Title 12, section 8867-B apply 
statewide beginning on the first day of January of the 2nd year following the year in 
which the Commissioner of Conservation detennines that at least 252 of the 336 
municipalities identified by the Commissioner of Conservation as the municipalities with 
the highest acreage of timber harvesting activity on an annual basis for the period 1999-
2003 have either accepted the statewide standards in accordance with subsection 2 or 
have adopted an ordinance identical to the statewide standards in accordance with 
subsection 3. Within 30 days of making the determination that the 252-municipality 
threshold has been met, the Commissioner of Conservation shall notify the Secretary of 
State in writing and advise the secretary of the effective date for the statewide standards. 
6. 
Effective date for statewide standards in 
certain municipalities. 
Notwithstanding any provision in a local ordinance to the contrary, beginning January 1, 
2013 rules adopted by the Commissioner of Conservation under Title 12, section 8867 -B 
apply in all municipalities that have either accepted the statewide standards in accordance 
with subsection 2 or have adopted an ordinance identical to the statewide standards in 
accordance with subsection 3. 
Sec. 11. 38 MRS A §480-B, sub-§2-B, as amended by PL 2005, c. 116, §1, is 
further amended to read: 
2-B. Forest management activities. "Forest management activities" means timber 
stand improvement, timber harvesting activities, forest products harvesting and 
regeneration of forest stands. For the purposes of this definition, "timber harvesting 
activities" means timber harvesting, the construction and maintenance of roads used 
primarily for timber harvesting, the mining of gravel used for the construction and 
maintenance of roads used primarily for timber harvesting and other activities conducted 
to facilitate timber harvesting. For the purposes of this definition, "timber harvesting" 
means the cutting or removal of timber for the primary purpose of selling or processing 
forest products. 
Sec. 12. 38 MRS A §480-E-l, first~, as amended by PL 2009, c. 615, Pt. E, §11, 
is further amended to read: 
+he Except as provided in section 480-E-3, the Maine Land Use Regulation 
Commission shall issue all permits under this article for activities that are located wholly 
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COMMITTEE At\1ENDMENT" A" to S.P. 596, L.D. 1739 
within its jurisdiction and are not subject to review and approval by the department under 
any other article of this chapter, except as provided in subsection 3. 
Sec. 13. 38 MRSA §480-E-3 is enacted to read: 
§480-E-3. 
Delegation of permit-granting authority to the Department of 
Conservation, Bureau of Forestry 
Notwithstanding section 480-E-1, the Department of Conservation, Bureau of 
Forestry shall issue all permits under this article for timber harvesting activities that are 
located within the unorganized and deorganized areas of the State as defined in Title 12, 
section 682, subsection 1 and are not subject to review and approval by the department 
under any other article of this chapter. For the purposes of this section, "timber harvesting 
activities" means timber harvesting, the construction and maintenance of roads used 
primarily for timber harvesting, the mining of gravel used for the construction and 
maintenance of roads used primarily for timber harvesting and other activities conducted 
to facilitate timber harvesting. 
1. Activity located in organized and unorganized area. If a timber harvesting 
activity is located in part within an organized area and in part within an unorganized or 
deorganized area, that portion of the timber harvesting activity within the organized area 
is subject to department review under this article if that portion is an activity pursuant to 
this article. That portion of the timber harvesting activity within an unorganized or 
deorganized area of the State is not subject to the requirements of this article except as 
provided in subsection 2. 
2. Allowed use. If a timber harvesting activity is located as described in subsection 
1, the department may review that portion of the activity within the unorganized and 
deorganized areas if the Department of Conservation, Bureau of Forestry determines that 
the project is an allowed use within the subdistrict or subdistricts for which it is proposed. 
A permit from the Bureau of Forestry is not required for those aspects of an activity 
approved by the department under this subsection. 
The Department of Conservation, Bureau of Forestry, in consultation with the 
department, shall annually review standards for timber harvesting activities adopted by 
the Bureau of Forestry to ensure that the standards afford a level of protection consistent 
with the goals of this article and the goals of Title 12, chapter 805, subchapter3-A. 
Sec. 14. 38 MRSA §480-Q, sub-§32 is enacted to read: 
32. Placement of wood in streams. The placement of wood in stream channels to 
enhance cold water fisheries habitat in accordance with Title 12, section 8867-C and rules 
adopted to implement that section. 
Sec. 15. Transition. In adopting rules under the Maine Revised Statutes, Title 12, 
section 8867-D, the Department of Conservation shall review rules adopted by the Maine 
Land Use Regulation Commission and in effect for timber harvesting, timber harvesting 
activities, land management roads, water crossings and gravel pits of less than 5 acres. 
The department and the commission shall jointly review standards for land management 
roads, water crossings and gravel pits to protect historic, scenic, scientific, recreational 
and aesthetic resources in areas identified by the commission as requiring special 
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protection. The department may adopt permit by rule standards through rulemaking 
under Title 12, sections 8867-D and 8867-E to allow activities without a permit.' 
SUMMARY 
This amendment does the following. 
1. It amends the definition of "timber harvesting activities" to include mining gravel 
for the construction and maintenance of roads used primarily for timber harvesting. 
2. 
It provides more specific direction to the Commissioner of Conservation for 
adopting rules to allow wood to be placed in stream channels for the purpose of 
enhancing cold water fisheries habitat. 
3. 
It amends the directive regarding oversight of timber harvesting and timber 
harvesting activities within the jurisdiction of the Maine Land Use Regulation 
Commission. The Department of Conservation, Bureau of Forestry would assume 
responsibility for regulation of these activities in protection and management districts 
beghming November I, 2012. 
4. It provides for the Bureau of Forestly to administer and enforce the construction 
and maintenance of land management roads, water crossings and gravel pits of less than 5 
acres in the protection and management districts within the unorganized and deorganized 
areas. 
5. It allows the Bureau of Forestry to establish a fee schedule for activities relating to 
timber harvesting, land management roads, water crossings and gravel pits in protection 
and management distlicts. 
6. It provides for the Bureau of Forestry to administer and enforce timber harvesting 
and timber harvesting activities in shoreland areas for municipalities that: 
A. Have repealed their ordinances; 
B. Have adopted ordinances identical to the statewide standards and request the 
bureau to assume administrative and enforcement responsibilities; and 
C. Have ordinances that are consistent with laws and rules in effect on December 31, 
2005 and request the bureau to assume responsibility. The bureau may agree to 
assume the responsibility after reviewing the ordinance but is not required to do so. 
The bureau may not assume responsibility for administering or enforcing ordinances 
that are more stringent than or significantly different from requirements under 
shore land zoning. 
7. It provides an exemption from permit requirements under the Natural Resources 
Protection Act for the placement of wood in stream channels when the placement is in 
compliance with rules adopted by the Department of Conservation for this activity. 
¥ISCAL NOTE REQUIRED 
(See .a~tached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/21112 wac. 
LD 1739 
LR 2498(02) 
An Act To Change Regulation of Forestry Activities 
Fiscal Note for Bill as Amended by Committee Amendment "A" S 4-71 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Conservation associated with establishing rules and standards can be absorbed 
within existing budgeted resources. Additional costs to the Departments of Environmental Protection and Inland 
Fisheries and Wildlife associated with providing guidance to the department can also be absorbed. 
LR2498(02) - Fiscal Note - Page 1 of 1