01-669 C.M.R. ch. 27, § 4 - Timber Harvesting Standards

A. Timber harvesting requires a permit from the Bureau in P-MA, P-SG, P-RT, P-UA subdistricts; P-RR subdistricts established to protect a trail; P-RR subdistricts established to protect a flowing water when the timber harvesting is not in conformance with the standards for timber harvesting in P-SL1 subdistricts; water crossings of major flowing waters in P-RR subdistricts, and water crossings of all flowing waters surrounded by P­RR and P-RT subdistricts established to protect such waters. 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 timber harvesting in P-RT and P-UA subdistricts and P-RR subdistricts established to protect a trail or flowing water require review and approval by the Commission.

C. The following requirements apply to timber harvesting within all management and protection subdistricts except as otherwise mentioned above or hereinafter provided:

1. Except when surface waters are frozen, skid trails and skid roads must not utilize stream channels bordered by a P-SL1 subdistrict except to cross such channels with a culvert or bridge according to the water crossing requirements of Section 5(C)(4) and (7)

2. Skid trails, skid roads, and winter haul roads in P-RR subdistricts established to protect a trail or flowing water and P-RT subdistricts must follow the shortest practicable route in traversing such subdistrict and traverse such subdistrict the fewest number of times practicable.

3. Skid trails, skid roads, and winter haul 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 upon completion of timber harvesting, provided that, wherever such approval is legally required, the Maine Forest Service approves discontinuation of such road, which approval the owner must request.

4. Timber harvesting in P-SL1, P-GP, P-GP2, and P-RR subdistricts must be conducted in the following manner:

a. Within 50 feet of the normal high water line, no clearcutting is allowed and harvesting operations must be conducted in such a manner that a well-distributed stand of trees is retained so as to maintain the aesthetic and recreational value and water quality of the area and to reasonably avoid sedimentation of surface waters.

b. At distances greater than 50 feet from the normal high water line, harvesting activities may not create single openings greater than 14,000 square feet in the forest canopy. In such areas, single canopy openings of over 10,000 square feet must be no closer than 100 feet apart.

c. Harvesting must not remove, in any ten year period, more than 40 percent of the volume on each acre involved of trees 6 inches in diameter and larger measured at 4 1/2 feet above ground level. Removal of trees less than 6 inches in diameter, measured as above, is permitted if otherwise in conformance with these regulations. For the purposes of these standards, volume may be determined as being equivalent to basal area.

d. No accumulation of slash must be left within 50 feet of the normal high water line of surface water protected by the P-SL1 and P-GP subdistricts. In such subdistricts, at distances greater than 50 feet from the normal high water line of such waters, all slash larger than 3 inches in diameter must be disposed of in such a manner that no part thereof extends more than 4 feet above the ground.

5. Timber harvesting in P-FW subdistricts must be conducted in the following manner:

a. The landowner or designated agent must confer with the appropriate biologist at the Department of Inland Fisheries and Wildlife as to how the proposed activity is to occur within the P-FW subdistrict.

b. If a plan acceptable to the parties cannot be reached stating how the proposed activity should occur, 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 activity will be conducted in a manner which 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 activity is to occur. 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 activity in conformity with the plan 14 days after the 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 activity so that a follow-up field investigation may be carried out by the Bureau or its designee.

6. Timber harvesting in a P-RR subdistrict established to protect a flowing water must be carried out in compliance with the standards for timber harvesting in P-SL1 subdistricts as set forth in this section.

7. Except as provided in Section 4(B)(9), skid trails and other sites, where the operation of machinery used in timber harvesting results in the exposure of mineral soil, must be located such that an unscarified filter strip of at least the width indicated below is retained between the exposed mineral soil and the normal high water line of surface water areas:

Average Slope of Land Between Exposed Mineral Soil and Normal High Water Line (Percent)	Width of Strip Between Exposed Mineral Soil and 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

Table 4-1. Unscarified filter strip width requirements for exposed mineral soil created by the operation of machinery used in timber harvesting.

The provisions of this subsection apply only on a face sloping toward the water, provided however, no portion of such exposed mineral soil on a back face shall be closer than 25 feet. The provisions of this subsection do not apply where skid roads cross such waters.

8. Timber harvesting operations must be conducted in such a manner that slash is not left below the normal high water line of a body of standing water or tidal waters, or below the normal high water line of stream channels downstream from the point where such channels drain 300 acres or more.

9. Except when surface waters are frozen, skid trails and skid roads must not utilize stream channels bordered by P-SL2 subdistricts except to cross the same by the shortest possible route. Unless culverts or bridges are installed in accordance with Section 5(C)(4)and (7), such crossings must only use channel beds which are composed of gravel, rock or a similar hard surface which would not be eroded or otherwise damaged. The requirements of this subsection may be modified according to the provisions of Section 4(B)(9).

10. Except as provided in Section 4(B)(9), skid trail and skid road approaches to stream channels must be located and designed so as to divert water runoff from the trail or road in order to prevent such runoff from directly entering the stream.

11. Timber harvesting operations in P-SL2 subdistricts along stream channels upstream from the point where they drain 300 acres or less, and in P-WL subdistricts adjacent to such P-SL2 subdistricts, may be conducted in a manner not in conformity with the requirements of the foregoing Sections 4(B)(5),(8)and (9)provided that such operations are conducted so as to avoid the occurrence of sedimentation of water in excess of 25 Jackson Turbidity Units as measurable at the point where such stream channel drains 1 square mile or more. Jackson Turbidity Units are a standard measurement of the relative amount of light that will pass through a sample of water compared with the amount of light that will pass through a reference suspension; the Jackson Turbidity Unit measurement for water without turbidity is 0;

12. Harvesting operations in P-SL2 subdistricts along stream channels downstream from the point where they drain 300 acres or more and along bodies of standing water must be conducted in such a manner that sufficient vegetation is retained to maintain shading of the surface waters; and

13. In addition to the foregoing minimum requirements, except as provided for in Section 4(B)(9), provision must be made to conduct timber harvesting operations to reasonably avoid sedimentation of surface waters.

14. In addition to the preceding standards, timber harvesting in proximity to an existing development must also comply with the applicable requirements of Chapter 10 of the Commission's Rules and Standards, Land Use Districts and Standards, Section 10(27)(B), "Vegetation Clearing. "For purposes of this provision, "in proximity to an existing development" means the following:

a. For a lot developed with a single family dwelling unit with shoreline frontage on any body of standing water ten acres or greater, or a flowing water draining 50 square miles or more, the area within a rectangle measuring 200 feet along the shoreline centered on the primary structure by 250 feet perpendicular to the shoreline measured from the normal high water line of the waterbody.

b. For a lot developed with a single family dwelling unit with shoreline frontage on a standing body of water less than ten acres in size, or any tidal water, or flowing water draining less than 50 square miles, the area within a rectangle measuring 150 feet along the shoreline centered on the primary structure by 75 feet perpendicular to the shoreline measured from the normal high water line of the waterbody.

c. For a lot developed with a single family dwelling unit with road frontage on a public road, the area within a rectangle measuring 100 feet along the road right-of-way or similar boundary of the road centered on the primary structure by 50 feet perpendicular to the roadway measured from the edge of the road right-of-way.

d. For a commercially developed lot or lot developed with multiple structures located parallel to a water body with shoreline frontage on any body of standing water ten acres or greater, or a flowing water draining 50 square miles or more, the area within a rectangle measured from 50 feet from each end of the development along the shoreline and 250 feet perpendicular to the shoreline measured from the normal high water line.

e. For a commercially developed lot or lot with multiple structures located parallel to a water body with shoreline frontage on a standing body of water less than ten acres in size, or any tidal water, or flowing water draining less than 50 square miles, the area within a rectangle measured from 50 feet from each end of development along the shoreline and 75 feet perpendicular to the shoreline measured from the normal high water line.

f. For a commercially developed lot or lot developed with multiple structures located parallel to and with frontage on a public road, the area within a rectangle measured from 50 feet from each end of development along the road right-of-way or similar boundary of the road and 50 feet perpendicular to the roadway measured from the edge of the road right-of-way.

Notes

01-669 C.M.R. ch. 27, § 4