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 669-27-5 - Land Management Roads and Water Crossings

Current through 2024-29, July 17, 2024
A. Land management roads and water crossings
				on/for land management roads require a permit from the Bureau in P-AL, P-AR,
				P-FP, P-MA, P-RT, P-SG and P-UA subdistricts, P-RR subdistricts established to
				protect a body of standing water if the road is less than 1,000 feet from the
				normal high water line of the standing body of water, P-WL subdistricts for
				land management roads not in conformance with the standards of subsection
				5(E)(3) of this rule, land management roads that will alter one acre or more in
				P-WL1 and P-WL2 subdistricts, and in FEMA zones A, AE, A1-30 and VE. 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.
B.
				Permits for land management roads and water crossings in P-RR, P-RT and P-UA
				subdistricts require review and approval by the Commission.
C. Land management roads in P-RR subdistricts
				around a body of standing water must be discontinued, gated, obstructed, or
				otherwise made impassable to two wheel drive vehicles within three years of
				construction of the road, provided that, wherever such approval is legally
				required, the Maine Forest Service approves discontinuation of such road, which
				approval the owner must request.
D.
				Water Crossings on/for land management roads require a permit from the Bureau
				in P-SL1 subdistricts and in any subdistrict when crossing a body of standing
				water. 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.
E. Permits for land management roads and
				water crossings in P-RR, P-RT and P-UA subdistricts require review and approval
				by the Commission.
F. The following
				land management road and water crossing requirements apply in P-WL1, P-WL2,
				P-SL1, P-SL2, P-FW, P-GP, P-GP2and P-RR subdistricts if no permit is required
				above, and all management subdistricts:
1.
				Land management roads in P-FW subdistricts must be constructed using the
				following process:
a. A landowner or
				designated agent must confer with the appropriate biologist at the Department
				of Inland Fisheries and Wildlife as to how the proposed road will be
				constructed within the P-FW subdistrict.
b. If a plan acceptable to the parties cannot
				be reached stating how the proposed road should be constructed, the landowner
				or designated agent is required to obtain a permit from the Bureau. The
				applicant for such permit must show by a preponderance of the evidence that the
				proposed road will be built in a manner that produces no undue adverse impact
				upon the resources and uses in the area;
c. If a plan acceptable to the parties can be
				reached, the landowner or designated agent must notify the Bureau in writing
				with a copy of the field investigation report by the biologist that states how
				and over what time period the road will be built. The notification letter must
				be signed by the person responsible for the proposed activity and the field
				investigation report must be signed by the biologist;
d. The landowner or designated agent may
				proceed with road construction in conformity with the plan 14 days after
				notification to the Bureau unless within such time period the Bureau
				disapproves the plan; and
e. The
				landowner or designated agent must notify the Bureau of completion of road
				construction so that a follow-up field investigation may be carried out by the
				Bureau or its designee.