An Act To Streamline the Paperwork Requirements of the State's Forest Practices Laws
Maine Legislature, Session 125, LD 1741
Committee Amendment CA_A_S409 (Senate)
Amends: 12 MRSA §8881, 12 MRSA §8883-B

COMMITTEE AMENDMENT "A " to S.P. 598, L.D. 1741, Bill, "An Act To 
Streamline the Paperwork Requirements of the State's Forest Practices Laws" 
Amend the bill by striking out all of section 1 (page 1, lines 2 to 6 in L.D.) 
Amend the bill by striking out all of sections 4 and 5 (page 2, lines 7 to 17 in L.D.) 
and inserting the following: 
'Sec. 4. 12 MRSA §8881, sub-§12 is enacted to read: 
12. Timber harvesting. "Timber harvesting" has the same meaning as in section 
8868, subsection 4. 
Sec. 5. 12 MRSA §8883-B, sub-§I, as enacted by PL 2003, c. 452, Pt. F, §44 and 
affected by Pt. X, §2, is amended to read: 
1. Notification required prior to harvest. Unless exempted under subsection 6 or 
by rule, prior to commencing harvesting operations the ~ landowner or designated agent 
shall notify the bureau ef. prior to beginning timber harvesting. 
A. A harvest operation of 50 cords or less; or 
B. A commercial harvest operation of more than 50 cords. 
When the harvest timber harvesting is occurring within a municipality, the bureau shall 
send a copy of the notification form to the municipal clerk. 
Sec. 6. 12 MRSA §8883-B, sub-§2, ,G, as enacted by PL 2003, c. 452, Pt. F, 
§44 and affected by Pt. X, §2, is amended to read: 
G. An indication whether the land being harvested is taxed under the Maine Tree 
Growth Tax Law. If the land being harvested is taxed under the Maine Tree Gro'i'.w 
Tax La'i'l, the notification must include a statement, signed by the landO'tvner, 
indicating that the harvest is consistent "'lith the forest management and harvest plan 
required by Title 36, section 574 B, subsection 1. A licensed professional furester 
who has a fiduciary responsibility to the landovmer may sign the statement required 
in this paragraph.~ 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f\" to S.P. 598, L.D. 1741 
Failure to indicate that the harvest is consistent vlith the forest management and 
harvest plan constitutes a withdrawal from taxation under the Maine Tree GrO'tvth 
Tax Lav,' of the land being harvested in a manner that is not consistent '?lith the forest 
management and harvest plan. '''hen such failure is indicated, the director shall 
notify the assessor for the jurisdiction in '""hich 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 ;' 
Amend the bill in section 7 in subsection 6 by striking out all of the last underlined 
paragraph (page 3, lines 7 to 9 in L.D.) 
Amend the bill by inserting after section 7 the following: 
'Sec. 8. 12 MRSA §8883-B, sub-§6-A is enacted to read: 
6-A. Alternative notifications. The bureau may develop alternative notification 
forms and methods for reporting: 
A. A timber harvesting operation 10 acres or less in area; and 
B. Timber harvesting for the purpose of converting the land to another use when a 
person certified in erosion control practices by the Department of Environmental 
Protection is responsible for management of erosion and sedimentation control at the 
harvest site.' 
Amend the bill in section 8 in subsection 7 in paragraph C in the first line (page 3, 
line 19 in L.D.) by striking out the following: "commercial harvest" and inserting the 
following: 'commercial harvest timber harvesting' 
Amend the bill in section 8 in subsection 7 in paragraph D in the first line (page 3, 
line 25 in L.D.) by striking out the following: "commercial" and inserting the following: 
'commercial timber' 
Amend the bill by inserting after section 8 the following: 
'Sec. 9. 12 MRSA §8883-B, sub-§9 is enacted to read: 
9. Rulemaking. No later than November 1, 2012, the bureau shall adopt rules to 
implement this section. Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by striking out all of section 10 (page 3, lines 38 and 39 in L.D.) and 
inserting the following: 
'Sec. 10. Directive to amend certain rules pertaining to certification of 
clearcuts and notification of timber harvesting. No later than November 1,2012, 
the Commissioner of Conservation shall amend the Department of Conservation Rule 
Chapter 20: Forest Regeneration and Clearcutting Standards to: 
1. 
Remove the requirement that a licensed professional forester certify that 
regeneration standards have been met for Category 2 and Category 3 c1earcuts; 
2. Remove the requirement that a landowner file a report with the Department of 
Conservation, Bureau of Forestry along with certification that the regeneration standards 
have been met for Category 2 and Category 3 c1earcuts; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 598, L.D. 1741 
3. Remove that section of Rule Chapter 20 that establishes a process by which 
landowners file a notification with the bureau prior to beginning a timber harvesting 
operation. 
Notwithstanding the Maine Revised Statutes, Title 12, section 8867-A, 
revisions to Rule Chapter 20 in accordance with this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment: 
1. Deletes section 1 of the bill, which revises rule-making authority in the Maine 
Revised Statutes, Title 12, chapter 805, subchapter 3-A, which governs forest practices; 
2. Defines "timber harvesting" to specifY when it is necessary for a landowner or 
designated agent to file a harvest notification with the Department of Conservation, 
Bureau of Forestry; 
3. Retains the requirement in current law that a harvest notification form indicate if 
the land being harvested is taxed under the Maine Tree Growth Tax Law but removes the 
requirement that the notification include a statement that the harvest is consistent with the 
forest management and harvest plan required under Title 36; 
4. Clarifies the bureau's authority to modifY the notification process for harvests 
under 10 acres and harvesting for the purpose of land use conversion; 
5. Directs the bureau to adopt rules pertaining to timber harvesting notifications; and 
6. 
Amends the section of the bill dealing with penalties to replace the term 
"commercial harvesting" with "timber harvesting." 
FISCA.L :\'OTE REQVIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/29/12 
~ac.. 
LD 1741 
LR 2500(02) 
An Act To Streamline the Paperwork Requirements of the State's Forest Practices Laws 
Fiscal Note for Bill as Amended by Committee Amendment "4" (s-~cf1 ) 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations related to failure to notify bureau of a commercial harvest operation of less 
than 50 cords. 
The collection of additional fmes may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Conservation associated with rulemaking can be absorbed within existing 
budgeted resources. 
LR2500(02) - Fiscal Note - Page 1 of 1