reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 70 - ADJUDICATORY PROCEEDINGS › Section 026-70-19 - Decisions: Appeal

Current through 2024-29, July 17, 2024
A. Every Board
				decision made at the conclusion of an adjudicatory proceeding shall be in
				writing or stated in the record, and shall include findings of fact sufficient
				to apprise the parties and any interested member of the public of the basis for
				the decision. The Board shall maintain a record of the vote of each member of
				the Board with respect to the Board's decision. A copy of the decision shall be
				delivered or promptly mailed to each party to the proceeding or his
				representative of record.
B. The
				Board shall inform the parties at the time the decision is delivered or mailed
				that they have the right to have the Superior Court review the decision and
				that a petition for review of the decision must be filed in the Superior Court
				within 30 days after receipt of notice of the decision pursuant to 5 M.R.S.A.
				§11002.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 80 - ADVISORY RULINGS › Section 026-80-1 - Request for Ruling

Current through 2024-29, July 17, 2024
A.
Written
				request.
Upon written request of any interested person, the Board of
				Pesticides Control may make an advisory ruling with respect to the
				applicability of any statute or rule administered by the Board of Pesticides
				Control to him or his property or actual state of facts.
B.
Address to Director.
All
				advisory ruling requests shall be addressed to the Director, Board of
				Pesticides Control, Maine Department of Agriculture, Augusta, Maine
				04333.
C.
Request for more
				information.
The request shall contain sufficient facts for the Board of
				Pesticides Control to make a ruling. The Board of Pesticides Control may
				request information from the party requesting the ruling. Failure to provide
				such information shall be cause for the Board of Pesticides Control to refuse
				to issue a ruling.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 80 - ADVISORY RULINGS › Section 026-80-2 - Board Response

Current through 2024-29, July 17, 2024
A.
Refusal to
				issue ruling.
The Board of Pesticides Control may refuse to issue an
				advisory ruling if it may harm its interest in any litigation wherein it is or
				may become a party.
B.
Ruling
				in writing within 60 days.
An advisory ruling shall be in writing and
				issued no more than 60 days from the date when all information necessary for
				the ruling has been received by the Board of Pesticides Control.
C.
Advisory ruling not binding.
An advisory ruling shall not be binding upon the Board of Pesticides Control,
				provided that in any subsequent enforcement action initiated by the Board of
				Pesticides Control, any person's justifiable reliance upon the ruling shall be
				considered in mitigation of any penalty sought to be assessed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 90 - COMPLAINTS › Section 026-90-1 - Purpose

Current through 2024-29, July 17, 2024
The purpose of this section is to provide a formal procedure
				  which assures that the Board of Pesticides Control will consider all complaints
				  regarding uses of pesticides.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 90 - COMPLAINTS › Section 026-90-2 - Complaint

Current through 2024-29, July 17, 2024
Any person, individual, corporation, unincorporated
				  association, group of individuals or government agency may submit a complaint
				  regarding any person, known or unknown, relative to the use of
				  pesticides.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 90 - COMPLAINTS › Section 026-90-3 - Address to Director

Current through 2024-29, July 17, 2024
All complaints shall be sent to the Director, Board of
				  Pesticides Control, Department of Agriculture, 28 State House Station, Augusta,
				  Maine 04333-0028. Anyone who cannot submit a complaint in writing to the
				  Director may make arrangements with the Director or staff to record the content
				  of the complaint in a manner and time frame convenient to the Director, staff
				  and complainant. The Director may, at his/her discretion, investigate the
				  complaint prior to Board action.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 90 - COMPLAINTS › Section 026-90-4 - Placed on Board's Agenda

Current through 2024-29, July 17, 2024
The complaint shall be placed on the Board's agenda, the
				  Board shall give reasonable notice to the complainant, the person who is the
				  subject of the complaint, if known, and any other party the Director believes
				  is interested in the complaint.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 90 - COMPLAINTS › Section 026-90-5 - Considered

Current through 2024-29, July 17, 2024
The Board shall consider the complaint along with any
				  information which the Director may have available, and take whatever action it
				  deems necessary to protect the public's interest. Action could include taking
				  no action, requesting the Board's staff to investigate the complaint,
				  scheduling an informal hearing between the affected parties or instituting
				  formal adjudicatory proceedings. Any such consideration shall not constitute an
				  adjudicatory proceeding within the meaning of chapter 70 of the Board's
				  regulations.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 303 - PULL EVENTS COMMISSION › Chapter 15 - RULES FOR SUPERINTENDENTS AND ASSISTANT SUPERINTENDENTS OF PULL EVENTS › Section 303-15-1 - Definitions

Current through 2024-29, July 17, 2024
1.
Commission
means the Pull
				Events Commission appointed as authorized by
				7 MRSA
				§75, subparagraph 6.
2.
Commissioner
means the
				Commissioner of the Department of Agriculture, Conservation and
				Forestry.
3.
Department
means the Maine Department of Agriculture, Conservation
				and Forestry.
4.
Driver
means the person(s) that controls/drives the animal(s) that
				is pulling in a licensed pulling event, also referred to as Teamster.
5.
Pull Events Venue
means any
				pulling event licensed within the previous two years by the
				Department.
6.
Superintendent
means a certified pull events superintendent or a
				certified assistant pull events superintendent.
7.
Training
means a program or
				seminar for the certification of pull events superintendents and assistant pull
				events superintendents developed and conducted by the Pull Events
				Commission.
8.
Teamster
means the person(s) that controls/drives the animal(s)
				that is pulling in a licensed pulling event, also referred to as
				Driver.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 303 - PULL EVENTS COMMISSION › Chapter 15 - RULES FOR SUPERINTENDENTS AND ASSISTANT SUPERINTENDENTS OF PULL EVENTS › Section 303-15-2 - Certification Required

Current through 2024-29, July 17, 2024
No person shall act as a Superintendent of any pulling event
				  unless that person is certified by the Commissioner in accordance with these
				  rules.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 303 - PULL EVENTS COMMISSION › Chapter 15 - RULES FOR SUPERINTENDENTS AND ASSISTANT SUPERINTENDENTS OF PULL EVENTS › Section 303-15-3 - Qualifications for Certification as a Superintendent

Current through 2024-29, July 17, 2024
Any applicant for certification as a Superintendent must meet
				  the following minimum qualifications:
The applicant must never have been found guilty, in this
				  state or in any other state, of a violation of any civil or criminal animal
				  welfare law, any domestic violence law, or other violent
				  crime.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 303 - PULL EVENTS COMMISSION › Chapter 15 - RULES FOR SUPERINTENDENTS AND ASSISTANT SUPERINTENDENTS OF PULL EVENTS › Section 303-15-4 - Procedure for Certification

Current through 2024-29, July 17, 2024
1. The Department
				shall issue public notice of annual Pulling Events Training.
2. An applicant for initial certification
				shall work as an apprentice under a Certified Superintendent for two (2) years:
				in the two (2) years the applicant must work with a certified superintendent
				for at least four (4) licensed pulls per year, which must include at least two
				(2) draft horse pulls and two (2) oxen pulls, including weigh-ins. The licensed
				superintendent shall sign off on the apprentices' sign off sheet to verify that
				these requirements have been met, in order for an applicant to become eligible
				to apply to be a certified superintendent. The apprentice requirement does not
				apply to applicants seeking to renew their certification in accordance with
				Section 4(6) below.
3. Beginning in the year 2002, any
				person seeking an initial certification as a Superintendent must, no later than
				February 15th of the year in which certification is requested, submit an
				application to the Department and register for the training.
4. An applicant for initial certification
				must be sponsored by a Maine pull events venue. A letter from a presiding
				officer of that venue affirming sponsorship must be mailed to the Department no
				later than February 15 of the year in which certification is requested.
5. Certification of qualified
				applicants shall be made by the Commissioner upon successful completion of the
				training. Successful completion shall require the applicant to demonstrate a
				working knowledge of the laws and rules pertaining to pulling events and animal
				welfare, and other information provided by the Department.
6 Certification shall be valid for a period
				of two years. Any person seeking to renew his or her certification after the
				two-year period must submit a renewal application and successfully complete
				training as provided in this Section.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 303 - PULL EVENTS COMMISSION › Chapter 15 - RULES FOR SUPERINTENDENTS AND ASSISTANT SUPERINTENDENTS OF PULL EVENTS › Section 303-15-5 - Responsibilities of Pull Superintendents and Assistant Pull Superintendents

Current through 2024-29, July 17, 2024
1. Certified Superintendents must assure the
				pull events are being conducted in accordance with applicable laws and
				regulations.
A. When a teamster receives a
				first warning for any violation of the laws or rules, the teamster is able to
				stay in the ring to finish his/her pull.
B. When a teamster receives a second warning
				for any violation of the laws or rules, the team is disqualified and must leave
				the ring. The teamster can return in that class or any other class that day
				with a different team, but upon receiving any subsequent warning for a
				violation, he/she will be disqualified and he/she must leave the ring and must
				not return to the ring that same day.
C. The next day the teamster will be able to
				start fresh.
D. Every certified
				superintendent and assistant superintendent shall examine every steer and ox
				entered to compete in a licensed pull event in the State of Maine to determine
				if they have a body condition score of 2.75, or greater, when the animal is
				weighed for competition. The body condition score shall be determined by
				referring to the Body Condition Scoring Chart established by Elanco Animal
				Health (Elanco Animal Health Bulletin AI 8478 (Rev. 9/96)). If the condition
				score of the animal is determined to be less than 2.75 by the Pull
				Superintendent, that animal shall not compete in any pull event until that
				animal is determined to have a score of 2.75 or greater.
E. Every certified superintendent and
				assistant superintendent shall examine every draft horse entered to compete in
				a licensed pull event in the State of Maine to determine if they have a body
				condition score of 4/9 or greater, when the animal is weighed for competition.
				The body condition score shall be determined by referring to the Henneke Horse
				Body Condition Scoring System. If the condition score of the animal is
				determined to be less than 4 by the Pull Superintendent, that animal shall not
				compete in any pull event until that animal is determined to have a score of 4
				or greater.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 303 - PULL EVENTS COMMISSION › Chapter 15 - RULES FOR SUPERINTENDENTS AND ASSISTANT SUPERINTENDENTS OF PULL EVENTS › Section 303-15-6 - Commission Responsibilities for Certification of Superintendents

Current through 2024-29, July 17, 2024
1. The Commission will establish criteria,
				establish dates and conduct training for applicants. The training will, at a
				minimum, cover all of the following:
A. All
				pulling event rules.
B. All pulling
				event statutes.
C. All appropriate
				Maine animal welfare statutes.
D.
				The proper conditioning of animals to compete.
E. The correct use, size and taping of the
				goad stick.
F. The correct use of
				the reins.
G. The appropriate use
				of blankets.
H. Heat and
				humidity.
I. Dehydration.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 1 - WHITE PINE BLISTER RUST, QUARANTINE ON CURRANT AND GOOSEBERRY BUSHES › Section 669-1-1 - Ribes plants

Current through 2024-29, July 17, 2024
A. The sale,
				transportation, further planting or possession of plants of the genus Ribes
				(commonly known as currant and gooseberry plants, including cultivated wild, or
				ornamental sorts) is hereby prohibited in the following Counties and Towns in
				the State of Maine, to wit: York, Cumberland, Androscoggin, Kennebec,
				Sagadahoc, Lincoln, Knox, Waldo and Hancock Counties; and that part of Oxford
				County south of Parmachenee T5R5 and Oxbow T4R5 (Both W.B.K.P.); also that part
				of Franklin County south of Seven Ponds T3R5, Alder Stream T2R5, and Jim Pond
				T1R5 (all W.B.K.P.); also that part of Somerset County south of Flaggstaff
				T4R4, T3R4, south and east of Pierce Pond T2R4, east of Lower Enchanted T2R5,
				south of Johnson Mt. T2R6, Misery T2R7, Sapling T1R7 (all B.K.P.W.K.R); also
				that part of Piscataquis County south of Big Squaw T2R6 (B.K.P.E.K.R.), TA2 R13
				& R14 (W.E.L.S.), west and south of Bowdoin College Grant West TA R10,
				south of Bowdoin College Grant East T7 R10, (both N.W.P.), TB R11 and TB R10
				(Both W.E.L.S.); also that part of Penobscot County south of Long A TA R8 &
				R9, TA R7, east of East Millinocket, and south of T1 R6 (All W.E.L.S.); also
				that part of Aroostook County south of T1 R5 and North Yarmouth Academy Grant
				T1 R4 (Both W.E.L.S.); and also that part of Washington County west of T6
				(N.D.), T43, T37, T31, north and west of T24, west of T18 (all M.D), west of
				Columbia (S.D.), north of Harrington, and north and west of
				Milbridge.
B. The planting or
				possession of European black currant, Ribes nigrum or its varieties anywhere
				within the boundaries of the State of Maine is prohibited.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 2 - SPARK ARRESTER › Section 669-2-1 - Approved Spark Arrester

Current through 2024-29, July 17, 2024
Consistent with
				   12 MRSA,
				  Section9601, the Director will approve spark
				  arresters certified by the United States Forest Service, Department of
				  Agriculture. The Director finds such spark arresters to be effective in
				  preventing the escape of sparks, carbon deposits, and other substances likely
				  to cause fires, provided that such arresters are maintained in accordance with
				  section 2.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 2 - SPARK ARRESTER › Section 669-2-2 - Spark Arrester Maintenance

Current through 2024-29, July 17, 2024
In order to maintain approval, equipment owners and
				  operators of machinery equipped with an otherwise approved spark arrester must
				  maintain their equipment so that it is in efficient operating condition.
				  Required maintenance includes, but is not limited to, regular cleaning and
				  replacement of defective parts. Required cleaning includes removing carbon from
				  the equipment at least once a week.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 2 - SPARK ARRESTER › Section 669-2-3 - Older Power Saws

Current through 2024-29, July 17, 2024
Spark arresters on power saws manufactured before 1978 are
				  subject to case by case evaluation and approval by the Director whether or not
				  approved by the United States Forest Service, Department of Agriculture. These
				  arresters may be approved by the Director if they meet the following
				  criteria:
1. The exhaust port must be
				covered with a screen in good condition with openings that do not exceed 0.023
				inches in diameter; or
2. The
				exhaust port must be so constructed as to provide for 3 points of impingement
				(contact) for carbon particles before they exit the arrester.
Note
: For a copy of the USDA Spark Arrester
				  Guide, contact USDA or the Maine Department of Agriculture, Conservation and
				  Forestry.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 4 - RULES FOR SILVICULTURAL TREATMENT DESIGNATION AND NEW MARKET WITHDRAWAL › Section 669-4-1 - Statutory Authority

Current through 2024-29, July 17, 2024
These rules are enacted pursuant to
				  
				  12 MRSA §§1021 and
				  1023.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 4 - RULES FOR SILVICULTURAL TREATMENT DESIGNATION AND NEW MARKET WITHDRAWAL › Section 669-4-2 - Purpose of the Rules

Current through 2024-29, July 17, 2024
A. Silvicultural
				treatment can be an important part of an integrated spruce budworm control
				program. The Budworm Suppression Act recognizes the desirability of managing
				the forest in a way designed to minimize susceptibility and vulnerability to
				future infestations. If land is being managed in this way, it may be granted a
				silvicultural treatment designation.
B. The new market withdrawal is to encourage
				an economical program of salvage and sanitation cutting in budworm damaged
				stands, a part of a broad forest management program.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 4 - RULES FOR SILVICULTURAL TREATMENT DESIGNATION AND NEW MARKET WITHDRAWAL › Section 669-4-3 - Definitions

Current through 2024-29, July 17, 2024
A.
Applicability of Definitions
.
				All terms used in these rules shall have the same meaning as set forth in
				 12 MRSA
				§1012 unless otherwise expressly
				provided herein:
B.
Gross
				merchantable volume
. Volume in trees with dbh greater than 5", measured
				to a 4" top, without any deduction made for cull.
C.
Net merchantable volume
.
				Gross merchantable volume less deductions for cull.
D.
Commercial species
The following native trees are defined as commercial
				  species:
All Pines All spruces American Larch (Tamarack) Hemlock
						  Northern white Cedar Balsam Fir All Ashes Trembling Aspen
Soft Maple Sugar Maple Basswood Beech Paper Birch Yellow
						  Birch Black Cherry American Elm
Large-Toothed Poplar All Oaks except Scrub Oak Gray
						  Birch
Exotic tree species shall be considered commercial species
				  if they attain a size and quality suitable for pulpwood or sawtimber when grown
				  in Maine.
E.
Fir mixed
				with host species
. Fir is defined to be mixed with host species if it is
				in a type composed of more than 75% fir, spruce, and hemlock species, by gross
				merchantable volume.
F.
Fir
				mixed with nonhost species
. Fir is defined to be mixed with nonhost
				species if it is in a type composed of more than 25% commercial species other
				than spruce, fir, and hemlock, by gross merchantable volume. All stands which
				would be classified as "mixed wood" for purposes of the Tree Growth Tax Law
				fall into this category.
G.
Renewal cutting
. Any harvesting operation in even-aged types older
				than 25 years which leaves a residual stocking of less than 5 cords/acre gross
				merchantable volume.
H.
New
				market
. A new market is a market meeting one of the following
				conditions:
1. An existing processing facility
				which used no spruce or fir originating from Maine other than sawlogs prior to
				January 1, 1976;
2. A processing
				facility using spruce or fir other than sawlogs which has been made operational
				for the first time after January 1, 1976; or
3. A net physical expansion of an existing
				facility. Net expansion is defined as the volume of spruce and fir other than
				sawlogs used by an expanded wood processing plant less the average annual
				volume of spruce and fir other than sawlogs used by that plant during the
				calendar years 1973-1975.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 4 - RULES FOR SILVICULTURAL TREATMENT DESIGNATION AND NEW MARKET WITHDRAWAL › Section 669-4-5 - The New Market Withdrawal

Current through 2024-29, July 17, 2024
A.
Scope and
				Purpose
. The Regulations in part 5 hereof implement 12 MRSA 1019. They
				are designed to encourage an economical program of salvage of budworm-damaged
				timber, and the expansion of existing markets for such timber.
B.
Certification of New Markets
1.
Application for
				Certification
. Firms desiring certification as new markets shall certify
				to the Director of the Bureau of Forestry, on a form supplied by the Bureau of
				Forestry, their ownership of or control over processing facilities qualifying
				as a new market.
2.
Consent
. Applications made for new market certification shall be
				granted or denied according to 12 MRSA 1019(2) by the Director of the Bureau of
				Forestry.
3.
Publication of
				New Markets
. The Bureau of Forestry shall publish, and shall from time
				to time revise, a list of new markets which have been certified by the
				Bureau.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 6 - RAILROAD RIGHT-OF-WAY FIRE PREVENTION PLANS › Section 669-6-1 - Identification of Railroad right-of-way requiring prevention action

Current through 2024-29, July 17, 2024
A. All sections of railroad right-of-way will
				be classified in one of three categories by quarter mile segments or easily
				identified geographical markers.
1.
Priority 1
requires burning or other acceptable fire prevention
				action with a specific date for completion.
2.
Priority 2
requires some type
				of fire prevention action during the calendar year.
3.
Priority 3
does not require
				fire prevention action during the calendar year.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 6 - RAILROAD RIGHT-OF-WAY FIRE PREVENTION PLANS › Section 669-6-2 - Completion Dates for Priority 1 areas

Current through 2024-29, July 17, 2024
Completion Dates for Priority 1 areas will be determined by
				  each Regional Ranger based on the following criteria:
A. Fire records of the 5-year occurrence of
				fires started within the right -of-way will be summarized to determine the
				average or most common date that spring fires begin to occur. This will
				determine a "completion date" for a specific clearance plan.
B. Total amount of right-of-way to be cleared
				and the time required to complete the work.
C. In relation to burning, each Fire Control
				Region will determine the beginning date each spring that snow cover and
				conditions would allow burning and track the number of allowable burning days
				based on likely fire weather conditions.
The "completion date" may be extended if a reasonable number
				  of days have not been available to complete the job based on class day, and
				  wind speed. Any extension must be requested by the Railroad Co. requesting an
				  extension through the local Ranger. If a mechanical burner is used there should
				  be sufficient burning days in the fall and early spring to meet a "completion
				  date".
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 6 - RAILROAD RIGHT-OF-WAY FIRE PREVENTION PLANS › Section 669-6-3

Current through 2024-29, July 17, 2024
Guidelines For Allowable Burning conditions are:
A.
Minimum conditions
- Class 1
				day with no ongoing precipitation.
B.
Maximum conditions
- Class 3
				day with wind 10 mph.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 6 - RAILROAD RIGHT-OF-WAY FIRE PREVENTION PLANS › Section 669-6-4 - Acceptable Methods

Current through 2024-29, July 17, 2024
All priority 1 areas must be cleared by burning unless an
				  alternative method or combination of methods is agreed to and approved in
				  advance by the respective Regional Ranger.
A. Burning is the most effective, and in most
				cases the only method, to remove flammable fuels such as grass, weeds and
				bushes. Burning will be acceptable if all fine fuels are burned up to 25 feet
				from the nearest rail.
B. Cutting
				and chipping is acceptable only where fine fuels and grass do not exist to
				easily support fire spread.
C.
				Herbicide and soil sterilant, if used in conjunction with burning the first
				year, nay prohibit subsequent years' growth and temporarily eliminate the need
				for subsequent prevention action. Erosion and environmental concerns may be
				factors to be considered by the railroad, and railroads must comply with all
				applicable rules, regulations and statutes.
D. Fire breaks are an acceptable alternative
				to burning and in some areas more practical. Fire breaks must be at least six
				(6) ft. in width cleared to mineral soil, located with outer edge of cleared
				strip not less than twenty-five (25) ft. from the nearest rail.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 6 - RAILROAD RIGHT-OF-WAY FIRE PREVENTION PLANS › Section 669-6-5 - Acceptable Plan Format

Current through 2024-29, July 17, 2024
A. Each plan shall
				contain a description of action to be taken pursuant to Section 4 acceptable
				methods.
B. Each plan shall contain
				a timetable of operations pursuant to Section 2.
C. Each plan shall show the location of
				operations on a nap provided by the railroad clearly identified by mile post
				marker or easily identified geographical location points.
D. Each plan must otherwise comply with the
				terns hereof and of any conditions imposed by the Maine Forest
				Service.
E. MFS by August 1 each
				year will provide the priority areas for the track of each railroad company and
				the completion dates for each area.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 20 - FOREST REGENERATION AND CLEARCUTTING STANDARDS › Section 669-20-1 - SCOPE AND APPLICABILITY

Current through 2024-29, July 17, 2024
A.
Scope
This rule governs all forest lands within Maine, including
				  those owned by state and local governmental units, nonprofit organizations, and
				  private forest lands. It does not govern federal forest lands, or research
				  forests exempted by the Department of Agriculture, Conservation, and Forestry
				  under Section 1.C. of this rule.
B.
Applicability
1. Unless specifically exempted in these
				rules, this rule applies to any timber harvesting when the primary purpose is
				to sell the timber or the timber is processed into forest products for
				sale.
2. The clearcutting standards
				of this rule apply to clearcuts larger than five acres in size.
3. All timber harvesting activities must
				comply with other applicable laws, rules, and standards, including but not
				limited to: The Natural Resource Protection Act [38 M.R.S. §480 A to
				480-Z], the Shoreland Zoning Act [38 M.R.S. §435 to 449], and Maine Land
				Use Planning Commission Law [12 M.R.S. §681 et seq.] and Standards,
				Chapter 10.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 20 - FOREST REGENERATION AND CLEARCUTTING STANDARDS › Section 669-20-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. For the purpose of 12 M.R.S., Chapter 805,
				sub-chapter 3-A and for these rules, the following terms have the following
				meanings unless the context otherwise requires:
1.
Acceptable growing stock
means live trees of commercially valuable species that are not culls, are
				capable of developing into trees suitable for producing merchantable products,
				and which:
A. Have survived at least two full
				growing seasons (April 1 through October 1);
B. Do not lean more than 30 degrees from
				vertical;
C. Do not have a broken,
				dead, or missing main stem;
D. For
				trees 8 inches DBH or larger, have not suffered scrapes from timber harvesting
				that penetrate the cambium on more than one half of the stem circumference at
				any point on the tree ;
E. For
				trees less than 8 inches DBH, have not suffered scrapes from timber harvesting
				that penetrate the cambium on more than one third of the stem circumference at
				any point on the tree; and
F. Have
				not suffered visible severing, mutilation, or exposure from timber harvesting
				of more than one third of the root spread.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 20 - FOREST REGENERATION AND CLEARCUTTING STANDARDS › Section 669-20-3 - REGENERATION STANDARDS

Current through 2024-29, July 17, 2024
A.
Overstory
				Removal Standards
To qualify as an overstory removal, a harvest area must be
				  stocked with at least 450 trees per acre, well distributed on the harvest area,
				  of acceptable growing stock trees that are at least 3 feet in height for
				  softwood trees and 5 feet in height for hardwood trees. The Bureau may verify
				  that the harvest area qualifies as an overstory removal through a field
				  procedure that uses sample plots that are randomly or systematically located to
				  provide a fair representation of the entire harvest area.
B.
Clearcut Regeneration
				Standards
Within five years of completing a timber harvest that
				  creates a clearcut, the harvest area must be stocked with at least 450 trees
				  per acre of acceptable growing stock trees. The harvest area may not contain
				  any contiguous area larger than 5 acres that does not meet this
				  condition.
C.
Exemptions from Regeneration Standards
1.
Natural Disaster
:
				Regeneration standards do not apply to a harvested area if the regeneration is
				destroyed by fire, disease, insect infestation or other natural disaster
				provided the landowner promptly thereafter notifies the Bureau in writing of
				the location, size, approximate date, and cause of the disaster. The
				regeneration requirement does not apply to the area affected by the disaster.
				Vegetative cover sufficient to prevent accelerated erosion must be established
				on the affected area as soon as possible.
2.
Change of Land Use
:
				Regeneration standards do not apply to the portion of a harvested area where
				there is a change of land use, provided:
a.
				The change of land use must be completed by the end of the second full calen
				dar year following the year of the timber harvest.
b. The intent to change land use must be
				stated on the Forest Operations Notification form submitted to the Bureau of
				Forestry or other format approved by the Bureau.
c. If the change of land use is to
				residential dwelling units, the exemption from regeneration standards is
				limited to the actual size of the residential lot or five acres, whichever is
				smaller.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 20 - FOREST REGENERATION AND CLEARCUTTING STANDARDS › Section 669-20-4 - CLEARCUT STANDARDS

Current through 2024-29, July 17, 2024
If a landowner's timber harvesting activities on a parcel
				  result in a clearcut, the following standards apply.
A.
Maximum Size of Clearcut
: No
				clearcut shall be larger than 250 acres in size.
B.
Category 1 Clearcut
: A
				Category 1 clearcut is any clearcut that is larger than 5 acres and less than
				or equal to 20 acres.
1.
Separation Zone
				Standards - Category 1 Clearcuts
a. A
				Category 1 clearcut must have a separation zone of at least 250 feet from any
				other clearcut (separation zones may be shared).
Exception
: A Category 1 clearcut may be created
				  adjacent to a property line between two or more different landowners. The
				  landowner must comply with all other require ments for a Category 1
				  clearcut.
b. A separation
				zone for a Category 1 clearcut must meet one of the following requirements:
(1) The separation zone shall contain an
				average basal area greater than 30 square feet per acre of acceptable growing
				stock, well distributed on the separation zone;
OR,
(2)
				The separation zone shall contain at least 450 trees per acre of acceptable
				growing stock, well distributed on the separation zone; softwood trees must be
				at least 3 feet in height and hardwood trees must be at least 5 feet in
				height.
c. Separation
				zones must be maintained to meet the standards of Sec.4.B.1.a and Sec.4.B.1.b
				until one of the following conditions is met:
(1) The regenerated clearcut contains a
				minimum of 300 trees per acre of acceptable growing stock trees, well
				distributed on the harvest area; softwood trees must be at least 10 feet in
				height and hardwood trees must be at least 20 feet in height;
OR
(2)
				At least 10 years have elapsed from the date the clearcut was
				completed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 20 - FOREST REGENERATION AND CLEARCUTTING STANDARDS › Section 669-20-5 - VARIANCE

Current through 2024-29, July 17, 2024
A.
Petition
: Any forest
				landowner may petition the Director for permission to operate in a manner
				inconsistent with these rules.
B.
Burden of Proof
: The burden of proof is on the petitioner to
				demonstrate that:
1. Strict compliance with
				the regulations or standards would, because of unique conditions of topography,
				access, location, shape, size, or other physical features of the site or forest
				condition, cause unusual hardship or extraordinary difficulties;
2. The unusual hardship or extraordinary
				difficulties claimed as a ground for variance have not been created by the
				owner or a predecessor in title;
3.
				The proposed use meets the purpose and intent of 12 M.R.S. c. 805;
				and
4. The public interest is othe
				rwise served.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 20 - FOREST REGENERATION AND CLEARCUTTING STANDARDS › Section 669-20-6 - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
A.
Effective
				Date
: The effective date of these rules shall be May 1, 2014.
Timber harvests for which notification has been filed and
				  timber harvesting has begun prior to the effective date are not subject to
				  these rules, but are subject to the rules currently in place.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-1 - PURPOSES

Current through 2024-29, July 17, 2024
The purposes of this rule include the following: to establish
				  statewide standards for timber harvesting and related activities in shoreland
				  areas; to resolve inconsistencies among existing standards; to provide maximum
				  opportunity for flexibility; to protect public resources while minimizing
				  impacts on private resources; to further the maintenance of safe and healthful
				  conditions; prevent and control water pollution from various agents, including
				  sediment, temperature, toxic materials, and excessive nutrient inputs; to
				  maintain shoreline stability; to protect fish spawning grounds, aquatic life,
				  bird and other wildlife habitat; to protect freshwater and coastal wetlands;
				  and to conserve natural beauty, open space, and public recreational
				  values.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-2 - AMENDMENTS TO MAINE FOREST SERVICE CHAPTER 20 RULE (FOREST REGENERATION AND CLEARCUTTING STANDARDS) (Repealed)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-3 - SCOPE AND APPLICABILITY

Current through 2024-29, July 17, 2024
A.
SCOPE
. This rule governs all timber harvesting and related
				activities conducted in, over, or near water bodies, including rivers, streams,
				brooks, ponds, lakes, Great Ponds, freshwater and coastal wetlands, throughout
				the state, unless exempted in Section 3.C. of this rule.
B.
EXCLUSIONS.
The activities
				described in this subsection are not considered timber harvesting and must
				comply with the requirements for clearing or removal of vegetation for
				activities other than timber harvesting under rules promulgated by the
				Department of Environmental Protection, Municipal Shoreland Zoning Ordinance or
				the Land Use Planning Commission, depending on which entity has jurisdiction.
1. Removal of vegetation in proximity to an
				existing developed area. For purposes of this provision, "developed area" means
				a footprint encompassing structures, access roads (other than land management
				roads), and maintained non-forested areas, on a lot with shore frontage on any
				great pond, stream, pond, river, or freshwater or coastal wetland. "In
				proximity to" describes an envelope around a developed area, and includes all
				areas that:
a. are within 50 feet of the
				developed area,
b. are between the
				developed area and the water body,
c. occupy an area whose width in parallel
				with the shoreline extends 50 feet beyond each end of the footprint of the
				developed area at its widest point.
In no case shall the envelope in proximity to a developed
				  area be less than 20,000 square feet or less than 100 feet along the
				  shoreline.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-5 - SHORELINE INTEGRITY AND SEDIMENTATION

Current through 2024-29, July 17, 2024
A.
APPLICABILITY
. The requirements of Section 5 apply to all timber
				harvesting and related activities conducted in all shoreland areas as defined
				in this rule.
B.
STANDARDS
. Persons conducting timber harvesting and related
				activities in shoreland areas must take reasonable measures to avoid the
				disruption of shoreline integrity, the occurrence of sedimentation of water,
				and the disturbance of stream banks, stream channels, shorelines, and soil
				lying within ponds and wetlands. If, despite such precautions, the disruption
				of shoreline integrity, sedimentation of water, or the disturbance of stream
				banks, stream channels, shorelines, and soil lying within ponds and wetlands
				occurs, such conditions must be corrected. This section does not apply to
				crossings of water bodies conducted in compliance with Section 11 of this rule.
NOTE
: For guidance on reasonable measures,
				  consult the Bureau publication, "Best Management Practices for Forestry:
				  Protecting Maine's Water Quality" (2004). This publication is available from
				  the Bureau and on the Bureau's website,
www.maineforestservice.gov
.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-6 - SLASH TREATMENT

Current through 2024-29, July 17, 2024
A. Timber
				harvesting and related activities shall be conducted such that slash or debris
				is not left below the normal high water line of any water body. This section
				does not apply to minor, incidental amounts of slash that result from timber
				harvesting and related activities otherwise conducted in compliance with this
				section.
B. No accumulation of
				slash shall be left within 50 feet of:
1. the
				normal high water line of Great Ponds, rivers, non-forested wetlands larger
				than 10 acres, and tidal waters in the jurisdiction of the Land Use Planning
				Commission; and,
2. the normal high
				water line of Great Ponds, rivers, non-forested wetlands larger than 10 acres,
				and tidal waters in municipalities not subject to the jurisdiction of the Land
				Use Planning Commission.
Slash actively used to protect soil from disturbance by
				  equipment or to stabilize exposed soil may be left in place, provided no part
				  thereof extends more than 4 feet above the ground.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-7 - STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS REQUIRING A 250-FOOT ZONE

Current through 2024-29, July 17, 2024
A.
APPLICABILITY
. The requirements of Section 7 apply to all timber
				harvesting and related activities in shoreland areas within 250 feet,
				horizontal distance, of the normal high water line of:
1. Rivers below the 50 square mile drainage
				point in the jurisdiction of the Land Use Planning Commission
2. Rivers below the 25 square mile drainage
				point in municipalities not subject to the jurisdiction of the Land Use
				Planning Commission;
3. Great Ponds
				and nonforested freshwater wetlands 10 acres or larger;
4. Any coastal wetland; and,
5. Any size pond or freshwater wetland
				identified by the Department of Inland Fisheries and Wildlife as significant
				wildlife habitat or essential wildlife habitat.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-8 - STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS REQUIRING A 75-FOOT ZONE

Current through 2024-29, July 17, 2024
A.
APPLICABILITY
. The requirements of Section 8 apply to all timber
				harvesting and related activities in shoreland areas within 75 feet, horizontal
				distance, of the normal high water line of:
1. Streams between the 300 acre drainage
				point and the 50 square mile drainage point in the jurisdiction of the Land Use
				Planning Commission; and,
2.
				Between the 300 acre drainage point and the 25 square mile drainage point in
				municipalities not subject to the jurisdiction of the Land Use Planning
				Commission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-9 - SKID TRAILS, YARDS, AND EQUIPMENT OPERATION

Current through 2024-29, July 17, 2024
A.
APPLICABILITY
. The
				requirements of Section 9 apply to the construction, maintenance, and use of
				skid trails and yards in shoreland areas. This section does not apply to
				crossings of water bodies conducted in compliance with Section 11 of this
				rule.
B.
STREAM
				CHANNELS
. Equipment used in timber harvesting and related activities
				shall not use stream channels as travel routes except when:
1. surface waters are frozen and snow
				covered; and,
2. the activity will
				not result in any ground disturbance.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-12 - SLOPE TABLE

Current through 2024-29, July 17, 2024
Filter strips, skid trail setbacks, and land management road
				  setbacks must be maintained as specified in the rule, but in no case shall be
				  less than shown in the following table.
Average slope of land between exposed mineral
						  soil and and normal high water line (percent)
Width of
						  strip between exposed mineral soil normal high water line (feet along surface
						  of the ground)
0
25
10
45
20
65
30
85
40
105
50
125
60
145
70
165
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-13 - RESPONSIBILTY

Current through 2024-29, July 17, 2024
All responsible parties as set forth in §(4)(T)(1)-(4)
				  of this rule may be jointly and severally responsible for compliance with this
				  rule, and liable for violations of this rule.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-14 - VARIANCE

Current through 2024-29, July 17, 2024
A variance to the strict application of this rule may be
				  granted as specified in MFS Rule Chapter 20 ("Forest Regeneration and
				  Clearcutting Standards", Section
				  6 ).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-15 - VIOLATIONS

Current through 2024-29, July 17, 2024
Any responsible party, including but not limited to a
				  landowner, a landowner's agent or a contractor, who orders, contracts for, or
				  conducts any activity in violation of this rule commits a civil violation, and
				  shall be penalized in accordance with 12 M.R.S., chapter 809.