An Act To Change Regulation of Forestry Activities
Maine Legislature, Session 125, LD 1739
Committee: Agriculture, Conservation and Forestry
Sponsors: SHERMAN
Amends: 12 MRSA §8867-A, 12 MRSA §8867-B, 12 MRSA §8869

Legislative Document 
No. 1739
S.P. 596 
In Senate, January 4, 2012
An Act To Change Regulation of Forestry Activities 
Submitted by the Department of Conservation pursuant to Joint Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SHERMAN of Aroostook. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §8867-A, as enacted by PL 1997, c. 720, §2, is repealed. 
Sec. 2.  12 MRSA §8867-B, as amended by PL 2003, c. 335, §2, is repealed and 
the following enacted in its place: 
§8867-B.  Rulemaking to establish performance standards 
In accordance with the purposes of chapter 206-A and Title 38, chapter 3 and no later 
than November 1, 2012, the Commissioner of Conservation shall adopt rules in 
accordance with Title 5, chapter 375 to establish performance standards for: 
1.  Timber harvesting activities in shoreland areas.  Timber harvesting activities in 
areas adjacent to rivers, streams, ponds, wetlands and tidal waters; 
2.  Enhancement of brook trout habitat.  Enhancement of brook trout habitat, 
specifically the placement of wood in stream channels; and 
3.  Timber harvesting activities in protection districts.  Timber harvesting 
activities in protection districts designated by the Maine Land Use Regulation 
Commission. 
The rules must provide the maximum opportunity for flexibility that achieves the 
goal of protecting public trust resources while minimizing the impact on private 
resources.  The initial rules adopted pursuant to this section no later than November 1, 
2012 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. 
The Commissioner of Conservation shall consult with the Commissioner of 
Environmental Protection and the Commissioner of Inland Fisheries and Wildlife to 
ensure that bureau rules are consistent with wildlife habitat and environmental protection. 
Sec. 3.  12 MRSA §8869, sub-§2-A, as amended by PL 1999, c. 361, §2, is 
further amended to read: 
2-A.  Separation zones.  A clear-cut must be separated from any other clear-cut by at 
least 250 feet except where a property line is closer than 250 feet from the edge of the 
clear-cut.  Unless an exemption is provided in rules adopted pursuant to section 8867-A 
8867-B, a separation zone must be equal to or greater than the area clear-cut. 
SUMMARY 
This bill changes regulation of forestry activities in shoreland areas by transferring 
authority for rulemaking regarding timber harvesting activities in protection districts in 
the unorganized territory from the Maine Land Use Regulation Commission to the 
Department of Conservation, Maine Forest Service and authorizing rulemaking at the 
Maine Forest Service regarding the enhancement of brook trout habitat, specifically the 
placement of wood in stream channels.  The bill provides that the initial rules adopted are 
routine technical rules and amendments to these rules are major substantive rules.