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 669-23-5 - EXEMPTIONS

Current through 2024-29, July 17, 2024
This chapter does not govern timber harvesting on forest
				  lands that meet one or more of the following conditions:
A. Where the land is purchased before or held
				for at least 5 years following the effective date of these rules. Any land that
				is exempt from this rule remains exempt, notwithstanding the acquisition of
				contiguous land subject to this rule;
B.Where the timber harvesting is on land that
				has received independent 3rd-party
				certification.
C. Where the land is
				managed and the timber harvest is supervised by a Certified Resource Manager in
				accordance with the standards of the certification program;
D. Where the area affected by a harvest
				occupies 1,000 acres or less, and the harvest is conducted by a Certified
				Master Logger, and the Forest Operations Notification is signed by the
				Certified Master Logger. The Certified Master Logger involved shall be
				responsible for demonstrating to the satisfaction of the Maine Forest Service
				that the harvested area is 1,000 acres or less;
E.Where the landowner owns less than 100
				acres of forest land statewide;
F.
				Where the landowner has obtained, prior to commencing timber harvesting, the
				necessary permit or permits from a federal, state, and/or local governmental
				entity to change the land use from forest land to a nonforest use (i.e., for
				development or agriculture). The area exempted shall be that area that is
				actually to be converted. A copy of the permit or permits must be submitted
				with the Forest Operations Notification. If the land use change is conversion
				to a subdivision, the exemption for each lot is limited to 5 acres or the lot
				size specified in the permit granted by the appropriate governmental entity,
				whichever is smaller;
G.Where the
				parcel contains less than 20 acres of forest land;
H.Where the parcel, or any portion thereof,
				is conveyed to another party due to inheritance, court order, transfer of deed
				in lieu of foreclosure,or bona fide gift without any consideration to a person
				related to the landowner by blood, marriage, or adoption. The exemption for a
				bona fide gift is conditioned upon the land not being further conveyed by the
				donee in a non-exempt transaction within 5 years from the date of the
				gift;
I. Where the parcel, or any
				portion thereof, is conveyed to a government entity exercising the power of
				eminent domain, or the transfer is under threat of the exercise of such
				authority;
J.Where the parcel, or
				any portion thereof, is conveyed as a result of partitioning lands held in
				common and undivided ownership, sales of common and undivided interests in such
				lands, and trading common and undivided interest in lands provided that in each
				case the recipient of the lands or interests in land is one of the owners of
				the property at the time when these rules become effective or at the time of
				initial purchase;
K. Where the
				parcel, or any portion thereof, is conveyed for bona fide roads and rights of
				way;
L. Where the forest products
				harvested or processed are for personal use by the landowner.