reglab/statecodes huggingface dataset:
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 669-21-16 - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
A. The effective
				date of this rule in organized municipalities that have either accepted the
				statewide standards in accordance with 38 M.R.S. §438-B, sub-§2 or
				have adopted an ordinance identical to the statewide standards in accordance
				with 38 M.R.S. §438-B, sub-§3 is January 1, 2016.
B. The effective date of this rule in a
				municipality that either accepts the statewide standards in accordance with 38
				M.R.S. §438-B, sub-§2 or adopts an ordinance identical to the
				statewide standards in accordance with 38 M.R.S. §438-B, sub-§3 after
				the effective date specified in subsection A is the date the municipality's
				shoreland zoning ordinance is certified by the Commissioner of the Department
				of Environmental Protection.
C. The
				effective date of this rule in the jurisdiction of the Land Use Planning
				Commission is the first day of January of the second year following the year in
				which the Commissioner of Conservation Agriculture, Conservation and Forestry
				determines 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 38 MRSA M.R.S.
				§438-B, sub-§2 or have adopted an ordinance identical to the
				statewide standards in accordance with 38 MRSA M.R.S. §438-B, sub-§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.
Timber harvesting and related activities are not subject to
				  this rule if, prior to the effective date of the rule, (1) notification has
				  been filed with and accepted by the Bureau, and (2) timber harvesting has
				  begun. Timber harvesting and related activities not subject to this rule are
				  subject to the rules of the proper authority that were in effect at the time
				  notification was filed and accepted by the Bureau and timber harvesting
				  began.
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 › Appendix 669-21-1 - DIAGRAMS OF APPLICATION OF THIS RULE

Current through 2024-29, July 17, 2024
Figure 1. Application of this rule in the jurisdiction of the
				  Land Use Planning Commission
Click to View
				  Image
NOTE: This diagram is for informational purposes only. In the
				  case of discrepancies, the written rule shall govern.
Figure 2. Application of this rule in municipalities not
				  subject to the jurisdiction of the Land Use Planning Commission
Click to View
				  Image
Note: This diagram is for informational purposes only. In the
				  case of discrepancies, the written rule shall govern.
Figure 3. Application of this rule to wetlands
				  statewide
Click to View
				  Image
Note: This diagram is for informational purposes only. In the
				  case of discrepancies, the written rule shall govern.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 23 - TIMBER HARVESTING STANDARDS TO SUBSTANTIALLY ELIMINATE LIQUIDATION HARVESTING › Section 669-23-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this rule is to substantially eliminate the
				  practice of liquidation harvesting. The Legislature has defined liquidation
				  harvesting as "the purchase of timberland followed by a harvest that removes
				  most or all commercial value in standing timber, without regard for long-term
				  forest management principles, and the subsequent sale or attempted resale of
				  the harvested land within 5 years."1
[1] The term "timberland" has the same meaning as "forest
				  land" as defined in this rule.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 23 - TIMBER HARVESTING STANDARDS TO SUBSTANTIALLY ELIMINATE LIQUIDATION HARVESTING › Section 669-23-2 - AMENDMENTS TO MAINE FOREST SERVICE CHAPTER 20 (FOREST REGENERATION AND CLEARCUTTING STANDARDS)

Current through 2024-29, July 17, 2024
Sections 4.E. and 4.F. of this rule constitute amendments to
				  Sections 2.A.1 4, and 2.A.19 of MFS Rule Chapter 20 (Forest Regeneration and
				  Clearcutting Standards) as adopted on April 28,
				  1999.2
[2] A copy of this rule may be obtained from: Maine Forest
				  Service, 22 State House Station, Augusta, ME 04333-0022, Ph: 207-287-2791,
				  Internet:
www.maineforestservice.org
.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 23 - TIMBER HARVESTING STANDARDS TO SUBSTANTIALLY ELIMINATE LIQUIDATION HARVESTING › Section 669-23-3 - SCOPE AND APPLICABILITY

Current through 2024-29, July 17, 2024
A.
SCOPE.
This rule establishes timber harvesting standards for
				forest lands in Maine which are purchased or acquired after the effective date
				of this rule, and harvested and sold or offered for sale or otherwise conveyed
				within five years of acquisition.
Unless an exemption applies, it is a violation of this rule
				  and of the statute if a landowner conducts timber harvesting on a parcel
				  without complying with this rule and then sells, offers for sale, or otherwise
				  conveys the parcel, or any portion thereof, within five years of its
				  acquisition.
B.
Applicability.
Whenever provisions of this rule are less stringent than
				corresponding provisions of applicable federal, state, or municipal law or
				regulations, the more stringent provisions apply.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 23 - TIMBER HARVESTING STANDARDS TO SUBSTANTIALLY ELIMINATE LIQUIDATION HARVESTING › Section 669-23-6 - HARVEST STANDARDS [4]

Current through 2024-29, July 17, 2024
Timber harvesting on a parcel of land, any portion of which
				  is sold, offered for resale, or otherwise conveyed within five years of the
				  date of purchase or acquisition of the parcel, and which is not exempted by
				  Section
				  5 of this rule, must satisfy one of the
				  following four conditions:
A.
Option 1. Basal area removal limited.
Timber harvesting must not remove more than50percent of the
				  basal area of trees 4.5" DBH and larger, present on the entire parcel at the
				  time of purchase. Timber harvesting must not result in high grading and must
				  include measures to protect advanced regeneration by minimizing the area
				  damaged by logging equipment.
B.
Option 2. Accredited Timber
				Harvesters and Licensed Foresters
1.
				Timber harvests where the area affected by the harvest occupies an area of 100
				acres or less conducted by timber harvesters, and/or supervised by Licensed
				Foresters, either of whom have successfully completed training in a timber
				harvest planning, layout, and operations course accredited by the Bureau, and
				who have signed an attestation agreeing not to participate in liquidation
				harvesting. The accredited timber harvester and/or licensed forester involved
				shall be responsible for demonstrating to the satisfaction of the Maine Forest
				Service that the harvested area is 100 acres or less.
2. Accreditation by the Bureau will require
				periodic renewal and is contingent upon compliance with state laws and rules
				governing timber harvesting, including 12 M.R.S.A., Chapter 206-A; 12 M.R.S.A.,
				Chapter 805; 38 M.R.S.A., Chapter 3; and 36 M.R.S.A., Chapter 105; agency rules
				implementing those chapters; and, municipal Shoreland Zoning
				Ordinances.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 23 - TIMBER HARVESTING STANDARDS TO SUBSTANTIALLY ELIMINATE LIQUIDATION HARVESTING › Section 669-23-7 - RESPONSIBILITY

Current through 2024-29, July 17, 2024
All responsible parties 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 23 - TIMBER HARVESTING STANDARDS TO SUBSTANTIALLY ELIMINATE LIQUIDATION HARVESTING › Section 669-23-8 - VARIANCE

Current through 2024-29, July 17, 2024
A variance to the strict applications of these rules 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 23 - TIMBER HARVESTING STANDARDS TO SUBSTANTIALLY ELIMINATE LIQUIDATION HARVESTING › Section 669-23-9 - VIOLATIONS

Current through 2024-29, July 17, 2024
Any responsible party involved in any activity in violation
				  of this rule commits a civil violation, and shall be penalized in accordance
				  with 12 M.R.S.A., Chapter 809, and other applicable law.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 23 - TIMBER HARVESTING STANDARDS TO SUBSTANTIALLY ELIMINATE LIQUIDATION HARVESTING › Section 669-23-10 - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
The effective date of this rule is January 2, 2005.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 24 - BOUNDARY PAINT MARKING STANDARDS › Section 669-24-1 - Scope and Applicability

Current through 2024-29, July 17, 2024
This rule governs all 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 tribal trust
				  lands.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 24 - BOUNDARY PAINT MARKING STANDARDS › Section 669-24-2 - Paint Color and Quality

Current through 2024-29, July 17, 2024
Paint used to post property that access is prohibited without
				  permission of the landowner or the landowner's agent must be:
1. of a quality sufficient for long term
				exterior exposure (including, but not limited to 100% exterior acrylic latex,
				alkyd oil based, acrylic lacquer, modified alkyd solvent based, or specially
				formulated boundary marking paint); and,
2. the color "OSHA Safety Purple," or a close
				match thereto.
Paint markings must be maintained so as to be conspicuous at
				  all times.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 24 - BOUNDARY PAINT MARKING STANDARDS › Section 669-24-3 - Effective Date

Current through 2024-29, July 17, 2024
The effective date of this rule shall be 09 April
				  2012.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 25 - STANDARDS FOR PLACING WOOD INTO STREAM CHANNELS TO ENHANCE COLD WATER FISHERIES HABITAT › Section 669-25-1 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of this rule is to streamline the permitting
				  process for implementing cold water fisheries habitat enhancement projects that
				  involve adding wood to stream channels. Projects implemented under the
				  supervision of Maine licensed foresters, who have been trained by the Bureau of
				  Forestry in cooperation with the Department of Inland Fisheries and Wildlife
				  (DIFW) in these techniques, and take place in stream reaches designated by DIFW
				  or Department of Marine Resources (DMR) biologists as needing treatment, do not
				  require a state permit or fee if consistent with a treatment plan developed by
				  a DIWF or DMR fisheries biologist or their designee. The intent of the plan is
				  to provide additional guidance to the forester implementing the treatment; the
				  plan must be mutually agreed upon by the DIFW or DMR and the landowner or their
				  agent. The treatment detailed in the plan must be consistent with standards in
				  this rule.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 25 - STANDARDS FOR PLACING WOOD INTO STREAM CHANNELS TO ENHANCE COLD WATER FISHERIES HABITAT › Section 669-25-2 - SCOPE AND APPLICABILITY

Current through 2024-29, July 17, 2024
A.
SCOPE.
This rule establishes standards for adding wood to a river,
				stream or brook channel as defined in 38 MRSA §480-B(9). It does not
				govern federal lands.
B.
Applicability.
This rule applies to treatments where only wood will be
				placed below the bankfull elevation of the stream and that rely on the size of
				the wood for stability. Treatments that artificially anchor or cable wood, add
				boulders, or place fill material below the high water line or otherwise exceed
				or deviate from these standards, are not covered by this rule and require
				permitting.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 25 - STANDARDS FOR PLACING WOOD INTO STREAM CHANNELS TO ENHANCE COLD WATER FISHERIES HABITAT › Section 669-25-4 - TRAINING REQUIRED

Current through 2024-29, July 17, 2024
Before a licensed forester can oversee the implementation of
				  a wood addition project, they must have completed training in wood addition
				  techniques approved by the Bureau of Forestry and the Department of Inland
				  Fisheries and Wildlife. The Bureau of Forestry will maintain a list of
				  foresters who have satisfactorily completed this training.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 25 - STANDARDS FOR PLACING WOOD INTO STREAM CHANNELS TO ENHANCE COLD WATER FISHERIES HABITAT › Section 669-25-5 - DESIGINATED STREAM REACHES

Current through 2024-29, July 17, 2024
A.
Designating Reaches
Wood addition treatments completed under this rule may only
				  take place in designated reaches. To be considered a designated reach, a DIFW
				  or DMR biologist must have identified the stream reach as lacking desirable
				  habitat features and as being suitable for wood addition treatment. Once
				  designated, reaches remain designated for 4 years. If treatment is not
				  undertaken in 4 years, the biologist must renew the designation before
				  treatment can occur.
B.
Plan Requirement
To be considered a designated reach a treatment plan must
				  have been prepared by a DIFW or DMR biologist or their designee for that reach.
				  The treatment detailed in the plan must be consistent with the standards in
				  this rule. The plan must be mutually agreed upon and signed by the DIFW or DMR
				  and the landowner or their agent and is intended to aid the forester
				  implementing the treatment. The plan will include the beginning and ending
				  coordinates of the treatment area, the number of pieces of wood to add and the
				  average stream width. The biologist may also mark trees to be felled, but this
				  is not required. The treatment detailed in the plan must be consistent with the
				  standards in this rule.
C.
List of designated reaches
The MFS will maintain a list of designated
				  reaches.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 25 - STANDARDS FOR PLACING WOOD INTO STREAM CHANNELS TO ENHANCE COLD WATER FISHERIES HABITAT › Section 669-25-6 - WOOD PLACEMENT STANDARDS

Current through 2024-29, July 17, 2024
A.
Key
				Pieces
1.
Species
Decay resistant species, such as hemlock, tamarack, spruce,
				  and cedar are preferred as the key pieces of wood.
2.
Diameter
The minimum diameter required for a key piece of wood depends
				  on the bankfull width of the stream and shall meet or exceed the requirements
				  in Table 1.
Bankfull Width
Feet
Minimum Diameter
Inches
0 to 10
10
10 to 20
16
20 to 32
18
Over 32
22
Source: Oregon - Guide to Placement of Wood, Boulders
							 and Gravel for Habitat Restoration
Table 1. Bankfull widths and minimum diameter of logs to be
				  considered key pieces.
3.
Length
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 25 - STANDARDS FOR PLACING WOOD INTO STREAM CHANNELS TO ENHANCE COLD WATER FISHERIES HABITAT › Section 669-25-7 - NOTIFICATION

Current through 2024-29, July 17, 2024
A.Prior to implementing a wood addition
				project a licensed forester must a Forest Operations Notification form to the
				Bureau of Forestry. This submission must:
1.
				Have the appropriate box checked indicating that an in-stream wood addition
				project will be taking place.
2.
				Include a map showing the location of the treatment area. The map shall have
				sufficient detail for a person unfamiliar with the site to locate the treatment
				area.
3. Include a copy of the
				treatment plan previously prepared and signed by IFW, DMR or their designee and
				the landowner or their agent, for the designated stream reach. DMR must sign
				the form if the reach is in an Atlantic salmon area.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 25 - STANDARDS FOR PLACING WOOD INTO STREAM CHANNELS TO ENHANCE COLD WATER FISHERIES HABITAT › Section 669-25-8 - RESPONSIBILITY

Current through 2024-29, July 17, 2024
The licensed forester overseeing the wood addition treatment
				  is responsible for complying with the standards in this rule.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 25 - STANDARDS FOR PLACING WOOD INTO STREAM CHANNELS TO ENHANCE COLD WATER FISHERIES HABITAT › Section 669-25-9 - VIOLATIONS

Current through 2024-29, July 17, 2024
Any person, 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 is subject to
				  the penalties located in12 MRSA, chapter 809.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 25 - STANDARDS FOR PLACING WOOD INTO STREAM CHANNELS TO ENHANCE COLD WATER FISHERIES HABITAT › Section 669-25-10 - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
The effective date of this rule is December 25, 2012.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 26 - FOREST OPERATIONS NOTIFICATION STANDARDS › Section 669-26-1 - 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.
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. 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 26 - FOREST OPERATIONS NOTIFICATION STANDARDS › Section 669-26-3 - NOTIFICATION PROCESS FOR LANDOWNERS INTENDING TO CONDUCT TIMBER HARVESTING ACTIVITIES

Current through 2024-29, July 17, 2024
A.
Notification Form and Process
:Prior to conducting timber
				harvesting activities, a landowner or designated agent must notify the Bureau
				in writing. The landowner or designated agent must submit a "Forest Operations
				Notification" on a form specified by the Bureau.
1.
Signature required
: All
				parties named by a landowner or designated agent on a notification (landowner,
				designated agent, forester, and harvester) must sign the notification. A
				notification submitted without one or more signatures of named parties will be
				considered incomplete.
Exception
: A landowner with a licensed forester
				  in its employ is exempt from the requirement for landowner signature, provided
				  the la ndowner maintains with the Bureaua list of licensed foresters authorized
				  to sign for the landowner.
2.
Designated Agent requirement
:
				Unless exempted under Sec. 3. A.1, a notification that names a designated agent
				must include a clause, signed by the designated agent and landowner, stating
				that the designated agent has the authority to act on behalf of the landowner
				to harvest forest products on the landowner's property.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 26 - FOREST OPERATIONS NOTIFICATION STANDARDS › Section 669-26-4 - 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 then in effect.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 27 - STANDARDS FOR TIMBER HARVESTING ACTIVITIES WITHIN UNORGANIZED AND DEORGANIZED AREAS OF THE STATE › Section 669-27-1 - Scope and Applicability

Current through 2024-29, July 17, 2024
This rule applies to timber harvesting activities, the
				  construction and maintenance of land management roads, water crossings on/for
				  land management roads, and to gravel pits less than five acres in size in order
				  to protect public resources, maintain safe and healthful conditions, prevent
				  and control water pollution, and protect fish and wildlife habitat. This rule
				  governs only lands within the unorganized and deorganized areas of the State of
				  Maine that have been classified by the Commission as protection or management
				  subdistricts pursuant to
				   12 M.R.S.
				  §685-A(1), including
				  those owned by state and local governmental units, nonprofit organizations, and
				  private forest owners. It does not govern federal forest lands or tribal trust
				  lands. Chapter 10 Sub-chapter II of the Commission's Rules and Standards
				  describes these subdistricts and identifies the specific activities that are
				  allowed within each one. Landowners and applicants should first identify within
				  which subdistricts their proposed activity is located by referring to a Land
				  Use Guidance Map of the appropriate town, plantation or township. These maps
				  may be obtained from any of the Commission's offices.
For land within a P-RP Subdistrict, sub-areas identified in
				  the resource or concept plan as development areas will be regulated (in regards
				  to timber harvesting, land management roads, water crossings on/for land
				  management roads, and gravel extraction) by the Land Use Planning Commission as
				  Development Subdistricts. Areas not so identified will be regulated by the
				  Maine Forest Service according to the underlying protection and/or management
				  subdistrict. Specific standards incorporated into the resource or concept plans
				  will continue to apply until the expiration or revision of the related
				  plan.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 27 - STANDARDS FOR TIMBER HARVESTING ACTIVITIES WITHIN UNORGANIZED AND DEORGANIZED AREAS OF THE STATE › Section 669-27-3 - Notification Process for Landowners Intending to Conduct Timber Harvesting Activities within the Unorganized and Deorganized Areas of the State

Current through 2024-29, July 17, 2024
Prior to conducting timber harvesting activities, a landowner
				  or designated agent must notify the Bureau in accordance with Maine Forest
				  Service rules, Ch 20, Section
				  3.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 27 - STANDARDS FOR TIMBER HARVESTING ACTIVITIES WITHIN UNORGANIZED AND DEORGANIZED AREAS OF THE STATE › Section 669-27-6 - Gravel Extraction Less than Five Acres in Size

Current through 2024-29, July 17, 2024
A. Gravel pits in P-AL, P-AR, P-FP,P-FW,
				P-GP, P-GP2, P-SG and P-UA subdistricts, P-RR and P-RT subdistricts except
				those in conformance with Section 6(B)(6) below, and FEMA zones A, AE, A1-30
				and VE require a permit from the Bureau. Unless otherwise indicated, pits may
				not exceed five acres in size. Gravel pits must not exceed one acre in size in
				P-FW and P-WL subdistricts. Gravel pits must not exceed two acres in size in
				P-GP2 subdistricts. Gravel pits between two acres and five acres in size
				require a permit from the Bureau in P-SL subdistricts. Gravel pits are not
				permitted in other protection subdistricts. In approving applications submitted
				to it pursuant to 12 M.R.S. §8867-D and §8867-E, the Bureau may
				impose such reasonable terms and conditions as the Bureau considers appropriate
				in order to satisfy the purpose set forth in its governing statutes and rules.
				Permits for gravel pits less than five acres in size in P-RR, P-RT and P-UA
				subdistricts require review and approval by the Commission.
B. The following requirements apply to gravel
				extraction from pits less than five acres in size in a P-RR subdistrict
				established to protect a flowing water, gravel extraction from pits less than
				two acres in size in a P-SL subdistrict and all management subdistricts except
				as otherwise hereinafter provided:
1. A
				vegetative buffer strip must be retained between the ground area disturbed by
				the extraction activity and:
a. 75 feet of
				the normal high water line of any body of standing water less than ten acres in
				size, any flowing water draining less than 50 square miles, tidal water, or
				wetland identified as a P-WL1 subdistrict; and
b. 100 feet of the normal high water line of
				any body of standing water ten acres or greater in size or flowing water
				draining 50 square miles or more.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 27 - STANDARDS FOR TIMBER HARVESTING ACTIVITIES WITHIN UNORGANIZED AND DEORGANIZED AREAS OF THE STATE › Section 669-27-9 - Responsibility

Current through 2024-29, July 17, 2024
All responsible parties 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 27 - STANDARDS FOR TIMBER HARVESTING ACTIVITIES WITHIN UNORGANIZED AND DEORGANIZED AREAS OF THE STATE › Section 669-27-10 - Variance

Current through 2024-29, July 17, 2024
A. A variance to the strict applications of
				these rules may be granted as specified in MFS Rule Chapter 20 (Forest
				Regeneration and Clearcutting Standards, Section 6) for activities in all
				subdistrict except P-FP.
B. For
				activities located in P-FP subdistricts, the Bureau may grant a variance from
				the requirements of this rule consistent with state law and the following:
1. Variances shall not be granted within any
				designated regulatory floodway if any increase in flood levels during the base
				flood discharge would result.
2.
				Variances shall be granted only upon:
a. A
				showing of good and sufficient cause;
b. A determination that should a flood
				comparable to the base flood occur, the granting of a variance will not result
				in increased flood heights, additional threats to public safety, public expense
				or create nuisances, cause fraud or victimization of the public or conflict
				with existing local laws or ordinances;
c. A showing that the issuance of the
				variance will not conflict with other federal, state or local laws or
				ordinances; and
d. A determination
				that failure to grant the variance would result in undue hardship which in this
				subsection means:
i. That the land in question
				cannot yield a reasonable return unless a variance in granted;
ii. That the need for a variance is due to
				the unique circumstances of the property and not to the general conditions in
				the vicinity;
iii. That the
				granting of a variance will not alter the essential character of the locality;
				and
iv. That the hardship is not
				the result of action taken by the applicant or a prior owner.
3. Variances shall only
				be issued upon a determination that the variance is the minimum necessary,
				considering the flood hazard, and to afford relief. The Bureau may impose
				conditions to a variance that it deems necessary.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 27 - STANDARDS FOR TIMBER HARVESTING ACTIVITIES WITHIN UNORGANIZED AND DEORGANIZED AREAS OF THE STATE › Section 669-27-11 - Violations

Current through 2024-29, July 17, 2024
Any responsible party involved in any activity in violation
				  of this rule commits a civil violation and shall be penalized in accordance
				  with 12 M.R.S., chapter 809, and any other applicable laws.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 27 - STANDARDS FOR TIMBER HARVESTING ACTIVITIES WITHIN UNORGANIZED AND DEORGANIZED AREAS OF THE STATE › Section 669-27-12 - Appeals

Current through 2024-29, July 17, 2024
Persons aggrieved by final actions of the Bureau, including
				  any final decision of the Bureau with respect to any application for permit
				  approval, may appeal therefrom in accordance with Title 5, chapter 375,
				  subchapter 7.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 27 - STANDARDS FOR TIMBER HARVESTING ACTIVITIES WITHIN UNORGANIZED AND DEORGANIZED AREAS OF THE STATE › Section 669-27-13 - Severability

Current through 2024-29, July 17, 2024
If any section of this rule is declared invalid by the
				  courts, such decision shall not invalidate any other section or provision of
				  this rule.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 27 - STANDARDS FOR TIMBER HARVESTING ACTIVITIES WITHIN UNORGANIZED AND DEORGANIZED AREAS OF THE STATE › Section 669-27-14 - Abrogation

Current through 2024-29, July 17, 2024
This rule shall not in any way impair or remove the necessity
				  of compliance with any other applicable laws, ordinances or regulations. Where
				  this rule imposes a greater restriction, the provisions of this rule shall
				  control.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 27 - STANDARDS FOR TIMBER HARVESTING ACTIVITIES WITHIN UNORGANIZED AND DEORGANIZED AREAS OF THE STATE › Section 669-27-15 - Effective Date

Current through 2024-29, July 17, 2024
The effective date of this rule is March 3, 2013
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 29 - FEE SCHEDULE › Section 669-29-1 - Scope and Applicability

Current through 2024-29, July 17, 2024
This rule applies to timber harvesting and related activities
				  for which a permit or permit by rule is required by the Bureau.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 29 - FEE SCHEDULE › Section 669-29-2 - Definitions

Current through 2024-29, July 17, 2024
For the purposes of this rule, the following terms have the
				  following meanings unless the context otherwise requires.
A.
Bureau
means the Bureau of
				Forestry in the Department of Agriculture, Conservation, and
				Forestry.
B.
Development
				costs
means all costs of a proposed project including, without
				limitation, site preparation, building and road construction, installation of
				monitoring and erosion control devices, but shall not include the cost of
				acquiring the land.
C.
Director
means the Director of the Bureau of Forestry.
D.
Minor changes
means a
				revision or amendment to a permit previously issued by the Bureau where the
				revision or amendment is a result of:
1.
				transfer of ownership or permit holder;
2. typographical errors or other errors of
				transcription;
3. changing the
				phrasing of the Bureau's written decision, where the phrasing is consistent
				with the intent of the Bureau's decision; or
4. corrections of dimensions or minor
				variations, expansions or changes affecting less than ten (10) percent of a
				structure or project.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 29 - FEE SCHEDULE › Section 669-29-3 - Schedule of Fees

Current through 2024-29, July 17, 2024
A.
General
				Provisions
Square foot and linear foot calculations apply to new,
				  reconstructed, replaced, expanded, additions, or changes of use to structures
				  or disturbances. Legally existing or previously approved structures or
				  disturbances, unless otherwise specified, are not counted in the fee
				  calculation. For land management roads and gravel pits used for road purposes,
				  only the portions of the project or the additional length or acreage that
				  triggers permit review will be subject to these fees.
Amendments to permits shall be assessed using the same method
				  as initial permit applications.
After-the-Fact fees, or fees for activities already begun
				  prior to receiving permit approval, shall be three (3) times the listed
				  fee.
No fee will be charged for processing notifications.
B.
Permit Fees
				Established
The following fees will be assessed for processing
				  applications. These fees are only for activities and/or projects, or portions
				  of the activity and/or project that requires an application and permit
				  decision.
1.
Forestry Operations Permit
$100.00
2.
Gravel Pits for Road Purposes
$200.00
Base fee
+ $100.00
per acre of disturbed area
$700.00
Maximum Fee (based on upper limit of 5 acres
3.
Land Management Road Permit Applications
$200.00
Base fee
+ $ 0.15
per linear foot
$1,000.00
Maximum Fee
4.
Water Crossing Permit Applications
$250.00
Base fee
+ $2.00
per linear foot of span length or culvert width
5.
All other permit and amendment
							 applications
$100.00
C.
Exceptions
1. The Director, at
				the Director's discretion, may reduce or waive the fees for special services
				for an agency of state government and application fees when the applicant is a
				governmental agency.
2. No fee
				shall be assessed for minor changes.
3. The Director, at the Director's
				discretion, may reduce or waive an application or special service fee when the
				applicant or person requesting the reduction or waiver demonstrates to the
				satisfaction of the Director that an extreme hardship or injustice would result
				from payment of the fee.
4. If the
				director determines that a particular application, by virtue of its size,
				uniqueness, complexity or other relevant factors is likely to require a
				disproportionate share of state resources, the director may designate that
				application as subject to special fees, and may assess a fee of up to 0.25% of
				the estimated development costs.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 29 - FEE SCHEDULE › Section 669-29-4 - Severability

Current through 2024-29, July 17, 2024
If any section of this rule is declared invalid by the
				  courts, such decision shall not invalidate any other section or provision of
				  this rule.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 30 - PRIOR APPROVAL PROCESS AND STOP WORK ORDERS › Section 669-30-1 - 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.
B.
Applicability
1. This rule applies to any timber harvesting
				activities conducted by any person who has been convicted of two or more
				violations of Title 17, section 2510, subsection 1 (unlawful cutting of trees)
				during the five years prior to conducting any new timber harvesting
				activities.
2. All timber
				harvesting activities must comply with other applicable laws, rules, and
				standards, including but not limited to:
The Forest Practices
				Act
[
				12 M.R.S.
				§§8866 to
				8870 ], 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 to
				689
				].
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 30 - PRIOR APPROVAL PROCESS AND STOP WORK ORDERS › Section 669-30-3 - WRITTEN APPROVAL REQUIRED TO HARVEST TREES

Current through 2024-29, July 17, 2024
Prior to harvesting timber, any person who has been convicted
				  of two or more violations of Title 17, section 2510, sub-section 1 (unlawful
				  cutting of trees) during the five years prior to conducting any new timber
				  harvesting activities must:
A. Ensure
				that a landowner or the landowner's designated agent has filed a Forest
				Operations Notification with the bureau at least thirty days prior to the start
				date of the timber harvesting activities as shown on the notification. The
				notification must be accepted by the bureau as complete before timber
				harvesting activities can begin;
B.
				Submit a copy of a written contract executed between the person conducting the
				timber harvesting activities and the landowner or the designated agent.
1. The contract must be submitted with the
				forest operations notification;
2.
				The contract must state clearly that any violations which occur as a result of
				timber harvesting activities are the responsibility of the contractor;
				and,
3. The contract must not waive
				any requirements of law, including, but not limited to Title 17, section 2512,
				subsection 2.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 30 - PRIOR APPROVAL PROCESS AND STOP WORK ORDERS › Section 669-30-4 - PRIVATE BOND REQUIRED

Current through 2024-29, July 17, 2024
A. Prior to
				conducting timber harvesting activities, any person who has been adjudicated
				two or more times for violations of Title 17, section 2510, subsection 1
				(unlawful cutting of trees) during the five years prior to conducting any new
				timber harvesting activities shall deposit cash, a surety bond, a certified
				check, or other form acceptable to the seller in the amount of $500,000 or the
				value of the standing timber on the parcel, whichever is greater, as a bond to
				assure proper performance.
B. The
				performance bond is to be held by the seller until the purchaser has completed
				or complied with all contract conditions.
C. Upon breach of any condition of the
				contract between the seller and the purchaser, the performance bond shall be
				applied to actual damages incurred by the seller. Damages must be determined by
				the bureau.
D. The performance bond
				(or any balance after damages are deducted) shall be returned to the purchaser
				within sixty days of the completion of the timber harvesting activities
				consistent with the contract, if the purchaser notifies the seller in writing
				that the harvest is finished.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 30 - PRIOR APPROVAL PROCESS AND STOP WORK ORDERS › Section 669-30-5 - STOP WORK ORDER

Current through 2024-29, July 17, 2024
A. A forest ranger
				of the bureau's Forest Protection Division may issue a stop-work order if the
				forest ranger has probable cause to believe that a person subject to this rule
				is violating any provision of
				17 M.R.S.
				§2510, §
									2511,
				or §
									2512,
				or 17-A M.R.S., Chapter 15, or has failed to comply with the contract
				conditions.
B. The issuance of a
				stop-work order must be approved by the bureau director or the bureau
				director's designee.
C. The stop
				work order shall contain at a minimum the following information:
1. The name and address of the person
				responsible for conducting the timber harvest;
2. The name and address of the landowner;
3. The Forest Operations
				Notification number;
4. The
				location of the timber harvesting activity;
5. A description of the violation of this
				rule; and
6. The actions that must
				be taken to resolve the violation .
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 30 - PRIOR APPROVAL PROCESS AND STOP WORK ORDERS › Section 669-30-6 - VIOLATIONS

Current through 2024-29, July 17, 2024
A. Any person 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.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 30 - PRIOR APPROVAL PROCESS AND STOP WORK ORDERS › Section 669-30-7 - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
A.
EFFECTIVE
				DATE
: The effective date of these rules shall be 15 July 2016.
Timber harvesting activities 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 35 - BROWNTAIL MOTH MITIGATION FUND › Section 669-35-1 - PROGRAM DESCRIPTION

Current through 2024-29, July 17, 2024
Pursuant to 12 M.R.S. §
									8321, the Browntail Moth Mitigation
				  Fund was established to provide funding to government entities or nonprofit
				  organizations to assist with reducing impacts from browntail moths. The
				  Browntail Moth Mitigation Fund was established to be distributed in support of
				  browntail moth mitigation using mechanical, cultural, or chemical control
				  methods; education campaigns; and other activities.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 35 - BROWNTAIL MOTH MITIGATION FUND › Section 669-35-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
For the purpose of this rule chapter, the following terms are
				  defined as follows:
1.
Browntail
				Moth
means the insect species
Euproctis chrysorrhoea
in
				all its life stages.
2.
Bureau
means the Bureau of Forestry in the Maine Department of
				Agriculture, Conservation and Forestry, also known as the Maine Forest
				Service.
3.
Department
means the Maine Department of Agriculture, Conservation and Forestry.
4.
Division
means the Division
				of Forest Health and Monitoring.
5.
Division Director
means the director of the Bureau's Forest Health
				and Monitoring Division.
6.
Forest Entomologist
means an expert on insects with a
				concentration in forest insects.
7.
Government Entity
means a local or tribal government authority,
				board, commission, department, division, or agency.
8.
Grant Review Committee
means
				the committee assembled by the Division Director to review proposals. The
				committee shall include at minimum an integrated pest management expert, a
				resource administrator, and a forest entomologist.
9.
Grantee
means anentity
				selected for receipt of Browntail Moth Mitigation Funds.
10.
Integrated Pest Management
				Expert
meansan expert in pest management systems that bring together a
				range of biological, cultural, physical, and pesticide options to address pest
				problems.
11.
Nonprofit
				Organization
means an organization that is incorporated as a non-profit
				organization, is registered with Maine's Secretary of State office, engaged in
				activity of public benefit without any intention of earning income for its
				owners, and is exempt for taxation under US Internal Revenue Service Tax Code
				501(c)(3).
12.
Resource
				Administrator
means theposition within the Bureau responsible for
				providing support to the Bureau for finance issues.
13.
State of Maine Vendor
means
				an entity registered with the Maine Department of Administrative and Financial
				Services to receive payments from the State of Maine.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 35 - BROWNTAIL MOTH MITIGATION FUND › Section 669-35-3 - APPLICATION PROCESS

Current through 2024-29, July 17, 2024
A. The Division
				will issue a request for applications with application requirements and
				guidelines. Details on the request for applications will be provided on the
				Division website and announced in Department bulletins, including the Browntail
				Moth News bulletin.
B. The request
				for applications will include, at minimum:
i.
				proposal requirements,
ii. funding
				limitations,
iii. proposal
				deadlines,
iv. review criteria,
				and
v. reporting
				requirements.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 35 - BROWNTAIL MOTH MITIGATION FUND › Section 669-35-4 - ELIGIBILITY

Current through 2024-29, July 17, 2024
Government entities and Nonprofit Organizations engaged in or
				  wishing to engage in activities to reduce the impacts from Browntail Moth in
				  areas of Maine with significant Browntail Moth populations are eligible to
				  apply for mitigation funds.
The Division will identify areas with significant populations
				  of Browntail Moth through surveys conducted the previous winter and summer. A
				  listing of eligible areas will be posted on the Division website by December of
				  each year. Upon request by an applicant, the Division, in its sole discretion,
				  may decide to add additional areas to the Division's list of eligible
				  areas.