Maine Statute | Act | Code |Title 12. Conservation| US Code - US Statute | Chapter 805. Cooperative Forestry Management

Title 12 - §8601. Advice; recommendations (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 1: TECHNICAL ASSISTANCE (HEADING: PL 1989, c. 555, @7 (rp))

§8601. Advice; recommendations (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8602. Foresters (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 1: TECHNICAL ASSISTANCE (HEADING: PL 1989, c. 555, @7 (rp))

§8602. Foresters (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8603. Annual timber-cut report (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 1: TECHNICAL ASSISTANCE (HEADING: PL 1989, c. 555, @7 (rp))

§8603. Annual timber-cut report (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8604. Reports by forest landowners (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 1: TECHNICAL ASSISTANCE (HEADING: PL 1989, c. 555, @7 (rp))

§8604. Reports by forest landowners (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8611. Bureau of Forestry advisory programs

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 1-A: TECHNICAL ASSISTANCE (HEADING: PL 1989, c. 555, @8 (new))

§8611. Bureau of Forestry advisory programs

The bureau shall undertake the following programs to provide information and educational services for forest management in this State. [1989, c. 555, §8 (new).]

1. Forest management information. The bureau shall provide a forest management information clearinghouse service with a statewide toll-free number. The information and referral service must include, but is not limited to:

A. Reporting, notification and management requirements pursuant to this chapter; [1989, c. 555, §8 (new).]

B. Timber and forest management options; [1989, c. 555, §8 (new).]

C. Soil conservation practices; [1989, c. 555, §8 (new).]

D. Insect and disease management practices; [1989, c. 555, §8 (new).]

E. Recreation management options; and [1989, c. 555, §8 (new).]

F. Wildlife management options. [1989, c. 555, §8 (new).]

Addresses, telephone numbers and electronic mail addresses collected by the bureau for the purpose of contacting forest landowners owning less than 1,000 acres statewide to provide them with forest management information are confidential and may be disclosed only in accordance with section 8005. The bureau shall provide copies of forest management information sent to landowners to the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters. [2005, c. 358, §2 (amd).]

2. Natural resource educator. The director shall employ a natural resource educator to develop and coordinate natural resource education, workshops and training opportunities for school-age children, forest landowners, forest products harvesters and forest managers.

A. [2005, c. 133, §1 (rp).]

B. [2005, c. 133, §1 (rp).]

[2005, c. 133, §1 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 12 - §8612. Field foresters

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 1-A: TECHNICAL ASSISTANCE (HEADING: PL 1989, c. 555, @8 (new))

§8612. Field foresters

The bureau shall employ by 1991, at least 16 field foresters to be located in field offices. [1989, c. 555, §8 (new).]

1. Duties. These foresters shall provide outreach services and referrals to small woodland owners and wood processors for harvesting, marketing and utilization of wood products. The foresters shall assist landowners and processors in:

A. Obtaining and explaining required forms for harvest notification and reporting; [1989, c. 555, §8 (new).]

B. Obtaining information to comply with the performance standards under this chapter; [1989, c. 555, §8 (new).]

C. Following up with landowners after harvest notification; [1989, c. 555, §8 (new).]

D. Reviewing landowner forest management plans; [1989, c. 555, §8 (new).]

E. Obtaining information to comply with environmental standards; [1989, c. 555, §8 (new).]

F. Explaining forest management options; [1989, c. 555, §8 (new).]

G. Promoting involvement in grants and incentive programs; [1989, c. 555, §8 (new).]

H. Disseminating educational material; and [1989, c. 555, §8 (new).]

I. Other duties as the director prescribes. [1989, c. 555, §8 (new).]

[1989, c. 555, §8 (new).]

2. Limitations. Field foresters are limited to 3 site visits per landowner over a 5-year period, except as necessary to administer federal programs related to forestry or to determine compliance with provisions of this Title. [1989, c. 555, §8 (new).]

3. Comprehensive plans. The foresters may provide technical assistance on forestry issues to municipalities in developing their comprehensive plans. [1989, c. 555, §8 (new).]

4. Reporting requirements. The commissioner shall report biannually beginning in 1991, to the joint standing committee of the Legislature having jurisdiction over forestry matters on activities under the field forester program. This report, to be completed by February 1st, must include a description of the types of assistance given to landowners and wood processors, a description of the activities of the field foresters and any recommendations for changes in the program. [2003, c. 346, §2 (amd).]

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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 12 - §8701. Establishment of nurseries (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 2: MATERIAL ASSISTANCE

§8701. Establishment of nurseries (REPEALED)

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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 12 - §8702-A. Elm Tree Restoration Fund

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 2: MATERIAL ASSISTANCE

§8702-A. Elm Tree Restoration Fund

1. Establishment of fund. The Elm Tree Restoration Fund, referred to in this section as the "fund," is established as a nonlapsing fund under the jurisdiction of the bureau to promote the restoration of disease-resistant cultivars of American elm in the municipalities of the State. The bureau may apply for and accept any appropriation, grant, gift or service made available from any public or private sources consistent with the purpose of this section and shall deposit any such money into the fund. [1999, c. 98, §1 (new).]

2. Use of the fund. Through a community forestry program pursuant to section 8002, subsection 1, paragraph B, the bureau shall develop a process for municipalities to submit proposals and establish criteria for reviewing proposals and awarding grants from the fund. The grants must be used for the planting and maintenance of disease-resistant cultivars of American elm and must match on a one-to-one basis funds raised by a municipality. [1999, c. 98, §1 (new).]

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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 12 - §8702. Public shade trees

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 2: MATERIAL ASSISTANCE

§8702. Public shade trees

To promote aesthetic and environmental values of trees to communities and to restore those values lost through death of trees from insect and disease depredation, soil depletion, adverse growth factors and old age, the director may enter into agreement with municipal officials and Penobscot and Passamaquoddy tribal governments to pay, so far as funds are available, up to 50% of the costs of procuring young tree-planting stock and planting and general care of public shade trees. Whenever the State does contribute funds for this purpose, it shall have the authority to establish requirements for a municipal tree care program and requirements and procedures relative to selecting, planting, and care of such trees. This program is not intended to extend beyond village or community limits, except for municipal parks or cemeteries. [1979, c. 545, § 3 (new).]
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8703. Municipal forests
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 2: MATERIAL ASSISTANCE

§8703. Municipal forests

The director may establish a program to provide, at cost, forest seedlings or transplants for use on lands acquired by municipalities for forest purposes as allowed in Title 30, chapter 227. Application for such material shall be made on forms as the director prescribes. The director, whenever providing forest seedlings or transplants, shall recommend procedures for the planting, management and protection of the municipal forest lands. [1979, c. 545, § 3 (new).]
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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 12 - §8704. Rehabilitation program

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 2: MATERIAL ASSISTANCE

§8704. Rehabilitation program

The director may carry out a forest rehabilitation program on unstocked and poorly stocked potential forest land either public or private with first priority to burned areas. He shall make use of federal funds as and if available and of inmates of state institutions, including penal, whenever possible or feasible. The State shall participate in the cost of such forest rehabilitation up to 50% of the total cost on private land including the value of trees, any such rehabilitation on private lands to be only at the landowner's request. [1979, c. 545, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 12 - §8705. Community Forestry Fund

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 2: MATERIAL ASSISTANCE

§8705. Community Forestry Fund

1. Establishment of fund. The Community Forestry Fund, referred to in this section as the "fund," is established as a nonlapsing fund under the jurisdiction of the bureau to promote the community forestry activities in the municipalities of the State. The bureau may apply for and accept any appropriation, grant, gift or service made available from any public or private sources consistent with the purpose of this section and shall deposit any such money into the fund. [2001, c. 439, Pt. XXX, §1 (new).]

2. Use of the fund. The bureau shall develop a process for municipalities to submit proposals and establish criteria for reviewing proposals and awarding grants from the fund for the purpose of developing and maintaining community forestry activities. [2001, c. 439, Pt. XXX, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 12 - §8821. Purpose

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8821. Purpose

The purpose of this Article is to establish a standard method of testing, rating, labeling and certifying of Maine white-cedar shingles and to provide a uniform base for fair competition. [1979, c. 545, § 3 (new).]
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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 12 - §8822. Raw material

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8822. Raw material

Shingles labeled under this chapter shall be sawn from wood of the tree, Thuja occidentalis L., Northern White-Cedar also known as Eastern Arborvitae. [1979, c. 545, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 12 - §8823. Maine commercial standard shingles

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8823. Maine commercial standard shingles

1. Maine commercial standard shingles. "Maine commercial standard shingles," MCST, shall mean northern white-cedar shingles that are graded by producers authorized by the Bureau of Forestry to label northern white-cedar shingles under this Article. [1979, c. 545, § 3 (new).]

2. Application. The Maine commercial standard for northern white-cedar shingles shall apply only to those bundles of shingles which are imprinted as described under section 8830. [1979, c. 545, § 3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8824. Grades

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8824. Grades

Five grades of shingles shall be used and the grade shall be determined from poorer face of a shingle. Not more than 5 shingles in a bundle may be below the grade designated on the bundle. [1979, c. 545, § 3 (new).]

1. Extra. "Extra" means heartwood shingles which are completely clear with no defects or sapwood. No wane is permitted. [1979, c. 545, § 3 (new).]

2. Clear. "Clear" means heartwood shingles which are clear of defects for 6 inches from the butt end. Sound red knots no wider than 13 the width of the shingle and unsound defects such as holes, black knots and slightly decayed knots not more than 34 inch in diameter are permitted between 6 inches and 11 inches of the butt end. Above 11 inches from the butt end, any combination of defects is permitted which will not impair the use of the shingle. Sapwood is permitted above 11 inches from the butt end. [1979, c. 545, § 3 (new).]

3. 2nd clear. "2nd clear" means heartwood shingles which may contain sound red knots no larger than a United States 50¢ piece for 6 inches from the butt end. No other defect is permitted for 6 inches from the butt end. Sound red knots up to 12 the width of the shingle are permitted between 6 and 11 inches of the butt end. Holes, black knots, decayed knots, rot pockets or streaks are permitted between 6 inches and 11 inches of the butt end if no more in width or length than 12 the width of the shingle. Sapwood is permitted above 6 inches from the butt end. Above 11 inches from the butt end any combination of defects is permitted which will not impair the use of the shingle. Wane is permitted above 6 inches from the butt end. [1979, c. 545, § 3 (new).]

4. Clear wall. "Clear wall" means heartwood and sapwood shingles which are clear of defects for 6 inches from the butt end. Sound red knots up to 12 the width of the shingle are permitted between 6 inches and 11 inches of the butt end. Holes, black knots, decayed knots, rot pockets or streaks shall be permitted between 6 inches and 11 inches of the butt end if no more in width or length than 12 the width of the shingle. Wane is permitted above 6 inches from the butt end. Above 11 inches from the butt end any combination of defects is permitted which will not impair the use of the shingle. [1979, c. 545, § 3 (new).]

5. Utility. "Utility" means heartwood and sapwood shingles which may contain sound red knot and other small defects in the entire length of the shingle, but no holes, black knots, decayed knots, rot pockets or streaks shall be permitted within 4 inches of the butt end. Holes, black knots, decayed knots, rot pockets or streaks shall be permitted between 4 inches and 11 inches of the butt end if no more in width or length than 12 the width of the shingle. Wane is permitted above 4 inches from the butt end. Above 11 inches from the butt end any combination of defects is permitted which will not impair the use of the shingle. [1979, c. 545, § 3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8825. Nomenclature and definitions

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8825. Nomenclature and definitions

The following terms and definitions shall apply to the grading of Maine northern white-cedar shingles under this Article. [1979, c. 545, § 3 (new).]

1. Black knot. "Black knot" means a knot which results when a dead branch is surrounded by wood. It is generally black in color and it is not grown in its entirety into the surrounding wood. [1979, c. 545, § 3 (new).]

2. Commercial standard. "Commercial standard" means that standard which is set up and established by authority as a rule for the measure of quantity, quality, weight, extent or value of a commodity. [1979, c. 545, § 3 (new).]

3. Defects. "Defects" shall include holes, knots, rot pockets, rot streaks, wane, uneven feather tip, splits and checks, shake, stain and pith. [1979, c. 545, § 3 (new).]

4. Even feather tip. "Even feather tip" means a condition of manufacture found on the thin ends of some shingles where the saw comes out of a piece prematurely, producing a thin, flimsy, feather-like edge which extends across the entire width of the shingle. [1979, c. 545, § 3 (new).]

5. Rot and decay. "Rot and decay" means a disintegration of the wood which occurs through the action of wood-destroying fungi. Dote shall be deemed synonymous with rot and decay. [1979, c. 545, § 3 (new).]

6. Sapwood. "Sapwood" means wood containing wood cells which were alive at the time the tree was cut in contrast to the inactive heartwood cells. Sapwood is distinguished from heartwood by its light color in contrast to the reddish to reddish-brown color of heartwood. [1979, c. 545, § 3 (new).]

7. Shake. "Shake" means a lengthwise separation of the wood which usually occurs between and parallel to the growth rings. It is a defect. [1979, c. 545, § 3 (new).]

8. Shingle. "Shingle" means a piece of sawn wood of various widths, with nearly parallel sides, which tapers so that the butt end is thicker than the other. [1979, c. 545, § 3 (new).]

9. Sound red knot. "Sound red knot" means a knot which is solid across its face, as hard as the surrounding wood, shows no sign of decay and is in its entirety firmly grown into the wood. [1979, c. 545, § 3 (new).]

10. Split or check. "Split or check" means a lengthwise separation of the wood usually occurring across the growth rings. A split or check over 12 inch in length at the butt end is a defect. [1979, c. 545, § 3 (new).]

11. Uneven feather tip. "Uneven feather tip" means a condition similar to "even feather tip" except that the feather-like edge is coarse and irregular in outline across the width of the shingle. It is a defect. [1979, c. 545, § 3 (new).]

12. Wane. "Wane" means bark or the lack of wood or bark on the edge of a shingle. [1979, c. 545, § 3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8826. Dimension of shingles

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8826. Dimension of shingles

All measurements for the standard established under this Article shall be based upon green fresh sawn shingles. [1979, c. 545, § 3 (new).]

1. Length. All shingles under this standard will have a minimum measurement of 16 inches in length with a tolerance of one inch allowed. [1979, c. 545, § 3 (new).]

2. Width. The minimum width of the butt end of a shingle in the first 4 grades shall be 3 12 inches and the maximum width shall be 12 inches. The minimum width of the butt end of a shingle in grade "utility" shall be 3 inches and the maximum width shall be 12 inches. In the first 4 grades, the tip ends of shingles shall be no wider than the butt ends and the maximum difference in width shall not exceed 18 inch at 11 inches from the butt end. [1979, c. 545, § 3 (new).]

3. Breadth. The butt end of shingles of the 5 grades when measured green shall be no less than 52 (5 shingles = 2 inches). [1979, c. 545, § 3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8827. Dimension of bundles

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8827. Dimension of bundles

A standard bundle of Maine northern white-cedar shingles shall contain 40 courses of shingles overlapping under the band stick with 20 courses on each side of the stick. When green, a bundle shall measure 22 12 inches long with a tolerance of 12 inch; 20 inches wide with a tolerance of 12 inch; 8 12 inches thick with a tolerance of 12 inch. The minimum lineal inches of butts in a course in a bundle shall be 18 12 inches. When the shingles are air-dry, 12% to 15% moisture content, the minimum bundle thickness when bunched tightly shall be no less than 7 34 inches. [1979, c. 545, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8828. Sawing

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8828. Sawing

All shingles of the higher 4 grades shall be sawed with sufficient care so as to yield reasonably smooth surfaces. [1979, c. 545, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8829. Area coverage

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8829. Area coverage

The shingles in a standard bundle, when laid 5 inches to the weather, shall cover 25 square feet. Four standard bundles shall equal one square and one square shall cover 100 square feet when the shingles are laid 5 inches to the weather. [1979, c. 545, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8830. Labeling

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8830. Labeling

Maine northern white-cedar shingle producers ascribing to the standard established by this Article shall be authorized to imprint on one or both ends of the shingle bundle the proper grade name for the quality of northern white-cedar shingles in the bundle. The grade name (EXTRA, CLEAR, 2ND CLEAR, CLEAR WALL, UTILITY) for the grade of shingle contained in the bundle shall be precisely as given in the standard under section 8824 and the name shall be imprinted in black letters one inch high and also, below the grade designation, shall be imprinted the letters "MCST" in black, for Maine Commercial Standard in letters of a height equal to those used for the grade name. Following the designation "MCST" they shall imprint their registered mill number assigned to them by the bureau in numerals of equal heights to the letters "MCST." The numerals shall be separated from the letters "MCST" by a hyphen. [1979, c. 545, § 3 (new).] div>
Northern white-cedar shingles manufactured or purchased by a registered mill may be graded and the bundles imprinted with the proper grade designations Maine Commercial Standard (MCST) and the registered mill number of the grading mill. The mill whose number is designated on the bundle shall be responsible for the accuracy of the grade designated on the bundle. [1979, c. 545, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8831. Registration

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8831. Registration

The privilege to use the Maine Commercial Standard grades shall depend on proper mill registration with the bureau and the assignment by the director of a MCST mill number to the shingle producer. The initial mill registration fee shall be $25 for each Maine shingle mill desiring to identify their shingles as being of Maine Commercial Standard with the right given to imprint the letters "MCST" on their bundles of northern white-cedar shingles, as well as their registered mill number. Subsequent annual registration fees shall be $10 for each calendar year payable to the bureau before January of that year. Registration fees shall be credited to the General Fund. [1979, c. 545, § 3 (new).] div>
Those mills who wish to follow the grade names as given in section 8824 may do so, but those who are unwilling to agree to the specifications of each grade as to measurements, tolerances, defects and definitions, including dimensions of shingles and bundles, shall not imprint either the letters "MCST" or a registered mill number on the bundle, band, tie or on any label affixed to the bundle or shingle. Nor will such unwilling mill state, imply or infer that the shingles they are selling are Maine Commercial Standard (MCST) shingles in correspondence, publicity or solicitations. [1979, c. 545, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8832. Grading and reinspection

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8832. Grading and reinspection

1. Inspection. The Bureau of Forestry may authorize the use of the standard and shall periodically verify the proper use of this standard by shingle manufacturers registered under this Article. [1979, c. 545, §3 (new).]

2. Reinspection. Grade complaints, not reconciled by the parties concerned, shall be handled by the bureau and a reinspection shall be made when requested. Grade complaints shall be recognized by the State for the purpose of reinspection when made by a producer, wholesaler, retailer or consumer, within 10 days of his receipt of MCST shingles. The expense of reinspection by the bureau when such request is initiated by either the buyer or seller shall be divided between the buyer and seller or paid by either, according to their agreement. [1979, c. 545, §3 (new).]

3. Violation. A person may not:

A. Misgrade shingles; or [2003, c. 452, Pt. F, §38 (new); Pt. X, §2 (aff).]

B. Engage in the unauthorized use of MCST grades. [2003, c. 452, Pt. F, §38 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. F, §38 (new); Pt. X, §2 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8833. Penalties and revocation

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 1: COMMERCIAL STANDARD FOR MAINE WHITE-CEDAR SHINGLES

§8833. Penalties and revocation

1. Penalties. In addition to the penalty established in section 9701, the penalties for misgrading or unauthorized use of Maine Commercial Standard grades shall include the following.

A. The mill whose registered mill number appears on the bundle shall replace with bundles of the proper grade all bundles of shingles proven by reinspection to have been misgraded under this Article. [1979, c. 545, § 3 (new).]

B. A 2nd and subsequent offense of this Article shall result in a civil violation for which a forfeiture of $200 may be adjudged for each violation. [1979, c. 545, § 3 (new).]

[1979, c. 545, § 3 (new).]

2. Revocation. The director may revoke, suspend or refuse to renew any registration of any mill for violation of sections 8830 and 8831 under the authority granted in Title 5, section 10004. The District Court, acting pursuant to Title 4, chapter 5, may revoke the registration granted to any mill for violation of sections 8830 and 8831 for a period not to exceed 2 years, after which time the mill may make application for reinstatement as a registered mill. [1999, c. 547, Pt. B, §31 (amd); Pt. B, §80 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8841. Definitions

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 2: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES

§8841. Definitions

For the purpose of this Article the following terms shall have the following meanings. [1979, c. 545, Â§ 3 (new).]

1. Christmas tree. "Christmas tree" means any species of coniferous tree severed from the stump and cut for commercial purposes as a Christmas tree. [1979, c. 545, Â§ 3 (new).]

2. Evergreen boughs. "Evergreen boughs" means boughs or tips of all species of coniferous trees cut for commercial purposes. [1979, c. 545, Â§ 3 (new).]

3. [1983, c. 507, Â§ 1 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8842-A. Owner's permission required

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 2: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES

§8842-A. Owner's permission required

1. Cutting prohibited. A person may not:

A. Cut Christmas trees or evergreen boughs on land of another without securing written permission or a bill of sale from the owner or the owner's authorized agents. Only one such permit is needed per work crew. Violation of this paragraph is a Class E crime; or [2003, c. 452, Pt. F, §40 (new); Pt. X, §2 (aff).]

B. Violate paragraph A when:

(1) The value of the trees or boughs is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(3) The value of the trees or boughs is more than $2,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(4) The value of the trees or boughs is more than $1,000 but not more than $2,000. Violation of this subparagraph is a Class D crime; or

(5) The person has 2 prior Maine convictions for any combination of the following: theft; any violation of Title 17-A, section 401 in which the crime intended to be committed inside the structure is theft; any violation of Title 17-A, section 651; any violation of Title 17-A, section 702, 703 or 708; or attempts thereat. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.
[2003, c. 452, Pt. F, §40 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. F, §40 (new); Pt. X, §2 (aff).]

2. Transport prohibited. A person may not:

A. Transport Christmas trees or evergreen boughs without written permission or a bill of sale from the owner of the land where the trees or evergreen boughs were harvested or that owner's authorized agents. Violation of this paragraph is a Class E crime; or [2003, c. 452, Pt. F, §40 (new); Pt. X, §2 (aff).]

B. Violate paragraph A when:

(1) The value of the trees or boughs is more than $10,000. Violation of this subparagraph is a Class B crime;

(2) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;

(3) The value of the trees or boughs is more than $2,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;

(4) The value of the trees or boughs is more than $1,000 but not more than $2,000. Violation of this subparagraph is a Class D crime; or

(5) The person has 2 prior Maine convictions for any combination of the following: theft; any violation of Title 17-A, section 401 in which the crime intended to be committed inside the structure is theft; any violation of Title 17-A, section 651; any violation of Title 17-A, section 702, 703 or 708; or attempts thereat. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.
[2003, c. 452, Pt. F, §40 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. F, §40 (new); Pt. X, §2 (aff).]

3. Inspections and investigations. An officer authorized to make inspections and investigations under this article may require of any person, firm or corporation engaged in cutting or transporting Christmas trees or evergreen boughs to show:

A. If engaged in cutting trees or boughs belonging to another, a current written permit or bill of sale issued pursuant to subsection 1, paragraph A; and [2003, c. 452, Pt. F, §40 (new); Pt. X, §2 (aff).]

B. If engaged in transportation, a current written permit, bill of sale, port of entry statement or other written proof of ownership when transporting for commercial purposes trees, loose or in bundles, or boughs, loose or baled. A driver shall carry this permit on the driver's person or in the vehicle. [2003, c. 452, Pt. F, §40 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. F, §40 (new); Pt. X, §2 (aff).]

4. Remedies not exclusive. Prosecution under this section does not preclude the civil remedy available under Title 14, section 7552. [2003, c. 452, Pt. F, §40 (new); Pt. X, §2 (aff).]

5. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. F, §40 (new); Pt. X, §2 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8842. Owner's permission required (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 2: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES

§8842. Owner's permission required (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8843. Forgery
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 2: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES

§8843. Forgery

Every permit, bill of sale, port of entry statement, or other written document specified in this Article shall be deemed to be a written instrument subject to the laws relating to forgery. [1983, c. 507, § 2 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8844. Seizure or attachment

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 2: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES

§8844. Seizure or attachment

Any officer authorized to make inspections, investigations or arrests under this Article may seize and hold Christmas trees or evergreen boughs until proof of ownership has been established. If no proof of ownership has been established, the officer shall try to determine where those trees or boughs were cut and notify the landowner. If the owner does not want the trees or boughs, or ownership cannot be determined, the State may dispose of them and any money derived from the disposition of the trees and boughs shall be paid to the landowner, if his identity can be established and, otherwise, to the Treasurer of State to be credited to the General Fund. [1983, c. 507, § 2 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8845. Federal quarantine regulations

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 2: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES

§8845. Federal quarantine regulations

Compliance with this Article does not relieve or exempt from legal responsibility any person from compliance with the federal regulations concerning any quarantine law. [1983, c. 507, § 2 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8846. Trees from out-of-state (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 2: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES

§8846. Trees from out-of-state (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8847. Enforcement agencies

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 2: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES

§8847. Enforcement agencies

State police, county sheriffs, municipal law enforcement officers, state forest rangers and game wardens are authorized to make inpsections, investigations, arrests and disposals of trees and boughs under this Article. [1983, c. 507, §4 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8848. Registration (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 2: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES

§8848. Registration (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8849. Penalty (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 2: TRANSPORTATION OR CUTTING OF CHRISTMAS TREES

§8849. Penalty (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8860. Purpose (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 3: FORESTRY SUPERVISION OF BIOMASS FUEL WOOD HARVESTING (HEADING: PL 1989, c. 555, @9 (rp))

§8860. Purpose (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8861. Definitions (CONFLICT)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 3: FORESTRY SUPERVISION OF BIOMASS FUEL WOOD HARVESTING (HEADING: PL 1989, c. 555, @9 (rp))

§8861. Definitions (CONFLICT)
p align="center">(WHOLE SECTION CONFLICT: Text as repealed by PL 1989, c. 555, §9) p align="center"> (WHOLE SECTION CONFLICT: First paragaraph as amended by PL 1989, c. 502, Pt. B, §14) p align="center"> div>
As used in this article, unless the context indicates otherwise, the following terms have the following meanings. [1989, c. 502, Pt. B, §14 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8862. Certification of harvest required (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 3: FORESTRY SUPERVISION OF BIOMASS FUEL WOOD HARVESTING (HEADING: PL 1989, c. 555, @9 (rp))

§8862. Certification of harvest required (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8863. Sample forms (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 3: FORESTRY SUPERVISION OF BIOMASS FUEL WOOD HARVESTING (HEADING: PL 1989, c. 555, @9 (rp))

§8863. Sample forms (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8864. Repeal (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3: REGULATION
Article 3: FORESTRY SUPERVISION OF BIOMASS FUEL WOOD HARVESTING (HEADING: PL 1989, c. 555, @9 (rp))

§8864. Repeal (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8866. Purpose

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3-A: FOREST PRACTICES (HEADING: PL 1989, c. 555, @10 (new))

§8866. Purpose

The Legislature finds and declares that the State's forests are resources of great significance to the people of the State. These resources have great economic value, environmental value, scenic beauty and unique characteristics and unsurpassed recreational, cultural and historical values of present and future benefit to the citizens of the State. The well-being of communities of the State depends upon sustainable forest management. Liquidation harvesting is a serious and direct threat to forest management, forest industries and rural communities over the landscape of Maine. Liquidation harvesting produces significant adverse economic and environmental effects and threatens the health, safety and general welfare of the citizens of the State. Liquidation harvesting is incompatible with responsible forest stewardship and must be substantially eliminated. [2003, c. 422, Pt. A, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8867-A. Rulemaking

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3-A: FOREST PRACTICES (HEADING: PL 1989, c. 555, @10 (new))

§8867-A. Rulemaking

No later than November 1, 1998, the Commissioner of Conservation shall provisionally adopt rules in accordance with Title 5, chapter 375 to implement this subchapter. Rules adopted pursuant to this subchapter are major substantive rules as defined in Title 5, chapter 375, subchapter II-A and must be submitted to the Legislature no later than January 1, 1999 for review. [1997, c. 720, §2 (new).] div>
The Commissioner of Conservation shall consult with the Commissioner of Environmental Protection and the Commissioner of Inland Fisheries and Wildlife to ensure that bureau rules are consistent with wildlife habitat and environmental protection. [1997, c. 720, §2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8867-B. Regulation of timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3-A: FOREST PRACTICES (HEADING: PL 1989, c. 555, @10 (new))

§8867-B. Regulation of timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters

In accordance with the purposes of chapter 206-A and Title 38, chapter 3 and no later than October 1, 2003, the Commissioner of Conservation shall adopt rules in accordance with Title 5, chapter 375 to establish performance standards for timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters. The rules must provide the maximum opportunity for flexibility that achieves the goal of protecting the public resources while minimizing the impact on private resources. The initial rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Subsequent amendments to those rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 335, §2 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8867. Rulemaking (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3-A: FOREST PRACTICES (HEADING: PL 1989, c. 555, @10 (new))

§8867. Rulemaking (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8868. Definitions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3-A: FOREST PRACTICES (HEADING: PL 1989, c. 555, @10 (new))

§8868. Definitions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1989, c. 555, §10 (new).]

1. Clear-cut. "Clear-cut" means any timber harvesting on a forested site greater than 5 acres in size that results in a residual basal area of trees over 4 12 inches in diameter measured at 4 12 feet above the ground of less than 30 square feet per acre, unless, after harvesting, the site has a well-distributed stand of acceptable growing stock, as defined by rule, of at least 3 feet in height for softwood trees and 5 feet in height for hardwood trees that meets the regeneration standards defined under section 8869, subsection 1.

A. [1997, c. 720, §3 (rp).]

B. [1999, c. 361, §1 (rp).]

[1999, c. 361, §1 (rpr).]

2. Forest management plan. "Forest management plan" means a site-specific document signed by a professional forester outlining proposed activities to ensure compliance with performance standards and regeneration requirements established pursuant to this subchapter. [1989, c. 555, §10 (new).]

2-A. Parcel. "Parcel" means a contiguous tract or plot of forest land owned by a landowner. Multiple contiguous tracts, plots or parcels of forest land owned by the same landowner are considered a single parcel for the purposes of this subchapter. [1997, c. 720, §4 (new).]

2-B. (TEXT EFFECTIVE UNTIL 7106) Outcome-based forest policy. "Outcome-based forest policy" means a science-based, voluntary process to achieve agreed-upon economic, environmental and social outcomes in the State's forest, as an alternative to prescriptive regulation, demonstrating measurable progress towards achieving statewide sustainability goals and allowing landowners to use creativity and flexibility to achieve objectives, while providing for the conservation of public trust resources and the public values of forests. This subsection is repealed July 1, 2006. [2001, c. 339, §2 (new).]

2-B. (TEXT REPEALED 7106) Outcome-based forest policy. [2001, c. 339, §2 (new); T. 12, §8868, sub-§2-B (rp).]

3. Professional forester. "Professional forester" means a person licensed pursuant to Title 32, chapter 76. [2001, c. 261, §2 (amd).]

3-A. Separation zone. "Separation zone" means an area that surrounds a clear-cut and separates it from other clear-cuts. [1997, c. 720, §5 (new).]

4. Timber harvesting. "Timber harvesting" means the cutting or removal of timber for the primary purpose of selling or processing forest products. [1997, c. 720, §6 (amd).]

5. Timber harvesting activities. "Timber harvesting activities" means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. [1999, c. 695, §2 (new).]

6. Liquidation harvesting. "Liquidation harvesting" means 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. [2003, c. 422, Pt. A, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8869. Forest harvest regulations (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3-A: FOREST PRACTICES (HEADING: PL 1989, c. 555, @10 (new))

§8869. Forest harvest regulations (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

To promote a healthy and sustainable forest that contains a balance of age classes necessary for a sustainable timber supply and spatial and compositional diversity, forest harvesting and liquidation harvesting are regulated pursuant to this subchapter. [2003, c. 422, Pt. A, §3 (amd).]

1. Standards for regeneration after harvests. The commissioner shall adopt rules to ensure adequate regeneration of commercial tree species on a site within 5 years of completion of any timber harvest. Rules to implement this requirement shall include identification of commercial tree species, minimum stocking standards and methods to mitigate inadequate regeneration. In developing regeneration standards, the commissioner shall take into consideration regional differences in forest types, tree species and physiographic conditions. [1989, c. 555, §10 (new).]

2. Performance standards for clear-cuts. The commissioner shall establish, by rule, performance standards for clear-cuts, including limitations on size. These standards shall protect water quality, minimize soil erosion, ensure adequate regeneration, address adverse impacts on wildlife habitat and provide for a healthy and sustainable forest. The commissioner shall incorporate regional variations in developing performance standards that consider growing conditions, tree species and site quality. [1989, c. 555, §10 (new).]

2-A. Separation zones. A clear-cut must be separated from any other clear-cut by at least 250 feet except where a property line is closer than 250 feet from the edge of the clear-cut. Unless an exemption is provided in rules adopted pursuant to section 8867-A, a separation zone must be equal to or greater than the area clear-cut. [1999, c. 361, §2 (amd).]

3. Forest management plans for clear-cuts over 20 acres. For a clear-cut of 20 acres or more, the landowner, or agent of the landowner, shall develop, prior to harvest, a forest management plan for that clear-cut signed by a professional forester that conforms to the standards set forth in subsections 1 and 2. The plan must state the purpose of the clear-cut. This plan must be kept on file by the landowner or agent of the landowner and be available for inspection by the bureau until adequate regeneration in accordance with the standards set forth in subsection 1 is established. [1999, c. 361, §3 (amd).]

3-A. (TEXT EFFECTIVE UNTIL 7106) Plans for experimental areas. Practices applied on an experimental area created pursuant to section 8003, subsection 3, paragraph Q must provide at least the equivalent forest and environmental protection as provided by existing rules and any applicable local regulations. At a minimum, tests of outcome-based principles must address:

A. Soil productivity; [2001, c. 339, §3 (new).]

B. Water quality, wetlands and riparian zones; [2001, c. 339, §3 (new).]

C. Timber supply and quality; [2001, c. 339, §3 (new).]

D. Aesthetic impacts of timber harvesting; [2001, c. 339, §3 (new).]

E. Biological diversity; and [2001, c. 339, §3 (new).]

F. Public accountability. [2001, c. 339, §3 (new).]

The Governor shall appoint a panel of technical experts to work with the director to implement, monitor and assess tests of outcome-based forestry principles. In order to participate in the outcome-based forestry experiment, the landowner, director and technical panel must develop agreed-upon desired outcomes for the experimental area and develop a method for determining if the outcomes have been attained and a system for reporting results to the public. This subsection is repealed July 1, 2006. [2001, c. 339, §3 (new).]

3-A. (TEXT REPEALED 7106) Plans for experimental areas. [2001, c. 339, §3 (new); T. 12, §8869, sub-§3-A (rp).]

4. Exemption for natural disaster. If the regeneration on a harvested clear-cut, or portion thereof, is destroyed by fire, disease, insect infestation or other natural disaster, the regeneration requirement does not apply. Vegetative cover sufficient to prevent accelerated erosion must be established on the site. [1989, c. 555, §10 (new).]

5. Variance. The commissioner shall establish, by rule, standards to permit activities that exceed the standards set forth under subsection 2. In developing standards, the commissioner shall consider the unique characteristics of a site and any related economic hardship which would result from noncompliance with these standards. [1989, c. 555, §10 (new).]

6. Transfer or sale of property. Upon sale or other transfer of ownership of land that has been harvested, the transferee becomes responsible for the regeneration requirements on the site. The transferor shall disclose in writing to the transferee the regeneration requirements of this section at, or prior to, the time of sale or transfer. Failure of the transferor to comply with the disclosure requirement shall result in the transferor being responsible for compliance with the regeneration requirements of subsection 1. [1989, c. 555, §10 (new).]

7. Application. This section applies to all forest lands within the State, including land in municipal and state ownership. Except as provided in subsection 7-A, only state-owned or operated research forests or industrially owned research forests certified by the commissioner are exempt from these requirements. [2001, c. 339, §4 (amd).]

7-A. (TEXT EFFECTIVE UNTIL 7106) Exemption for outcome-based forest policy experimental areas. Outcome-based forest policy experimental areas designated under section 8003, subsection 3, paragraph Q are exempt from the requirements of this subchapter and rules adopted pursuant to this subchapter. This subsection is repealed July 1, 2006. [2001, c. 339, §5 (new).]

7-A. (TEXT REPEALED 7106) Exemption for outcome-based forest policy experimental areas. [2001, c. 339, §5 (new); T. 12, §8869, sub-§7-A (rp).]

8. Relationship to municipal rules and regulations. Nothing in this subchapter may be construed to preempt or otherwise limit the existing authority of municipalities to regulate harvesting, except that municipalities regulating timber harvesting shall adopt definitions for forestry terms used in their ordinances that are consistent with definitions in section 8868 and with forestry terms adopted by the commissioner pursuant to this subchapter. Municipal timber harvesting ordinances adopted before September 1, 1990 must meet this standard of compliance with definitions no later than January 1, 2001. A municipality may not adopt an ordinance that is less stringent than the minimum standards established in this section and in rules adopted by the commissioner to implement this section and section 8867-B. A municipality may not adopt or amend an ordinance that regulates timber harvesting unless the process set out in this subsection is followed in the development and review of the ordinance.

A. A licensed professional forester must participate in the development or amendment of the ordinance. [1999, c. 263, §1 (amd).]

B. A meeting must take place in the municipality during the development or amendment of the ordinance between representatives of the department and municipal officers and officials involved in developing the ordinance. Discussion at the meeting must include, but is not limited to, the forest practices goals of the municipality. At this meeting and subsequently, the department shall provide guidance to the municipality on how the municipality may use sound forestry practices to achieve the municipality's forest practices goals. [1999, c. 263, §1 (amd).]

C. The municipality shall hold a public hearing to review a proposed ordinance or ordinance amendment at least 45 days before a vote is held on the ordinance. The municipality shall post and publish public notice of the public hearing according to the same general requirements of posted and published notice for zoning ordinance public hearings as provided by Title 30-A, section 4352, subsection 9.
In addition, when a municipality proposes to adopt or amend a timber harvesting ordinance pursuant to its home rule authority as provided by Title 30-A, section 3001, the municipality shall mail notice of the hearing by first-class mail at least 14 days before the hearing to all landowners in the municipality at the last known address of the person on whom a property tax on each parcel is assessed. In the case of a timber harvesting ordinance or amendment that applies only to certain zones or land use districts in the municipality, the municipality may meet the requirements of this paragraph by mailing notice only to those landowners whose land is in a zone or land use district or immediately abutting the affected zone or land use district.
Mailed notice to individual landowners is not required under this subsection for any type of amendment to an existing local land use ordinance merely to conform that ordinance to the minimum timber harvesting guidelines required by Title 38, section 439-A, as those guidelines may be subsequently amended, or to conform any timber harvesting ordinance to the requirements of this section for conformity of definitions when the proposed amendments do not substantially change any previously established timber harvesting standards adopted pursuant to home rule authority.
The municipal officers shall prepare and file with the municipal clerk a written certificate indicating those landowners to whom the notice was mailed and at what addresses, when it was mailed, by whom it was mailed and from what location it was mailed. The certificate constitutes prima facie evidence that notice was sent to those landowners named in the certificate.
Any action challenging the validity of the adoption or amendment of a municipal timber harvesting ordinance based on the municipality's alleged failure to comply with the landowner notice requirement must be brought in Superior Court within 90 days after the adoption of the ordinance or amendment. The Superior Court may invalidate an ordinance or amendment only if the landowner demonstrates that the landowner was entitled to receive a notice under this section, that the municipality failed to send the notice as required, that the landowner had no knowledge of the proposed ordinance or amendment and that the landowner was materially harmed by that lack of knowledge. [1999, c. 263, §1 (amd).]

D. The municipal clerk shall notify the department of the time, place and date of the public hearing and provide the department with a copy of the proposed ordinance that will be reviewed at the hearing at least 30 days before the date of the hearing. [1999, c. 263, §1 (amd).]

E. At the public hearing, representatives of the department must be provided an opportunity to present and discuss for the municipality's information any reports, articles, treatises or similar materials published by acknowledged experts in the field of sound forestry or silvicultural management to the extent such information is relevant to the proposed ordinance or ordinance amendment.
The proposed ordinance or ordinance amendment may be revised after the public hearing. The ordinance or amendment must be submitted to the legislative body of the municipality in accordance with the procedures the municipality uses for adopting ordinances. [1999, c. 263, §1 (new).]

F. Municipal timber harvesting ordinances may not be unreasonable, arbitrary or capricious and must employ means appropriate to the protection of public health, safety and welfare. [1999, c. 263, §1 (new).]

G. All direct costs incurred by a municipality associated with landowner notification requirements and other required public notice must be paid to the municipality in accordance with a distribution schedule established under Title 30-A, section 5685, subsection 5. All direct costs incurred by a municipality in order to comply with this subsection for the amendment of ordinances adopted before September 1, 1990 must be paid to the municipality in accordance with a distribution schedule established under Title 30-A, section 5685, subsection 5. [1999, c. 263, §1 (new).]

[2003, c. 335, §3 (amd).]

9. Centralized listing of municipal ordinances. The bureau shall maintain for informational purposes a statewide centralized listing of municipal ordinances that specifically apply to forest practices.

A. Within 30 days after the legislative body of the municipality votes on a timber harvesting ordinance developed according to the procedures of subsection 8, the clerk shall notify the bureau of the outcome and shall file a copy of the ordinance with the bureau. [1999, c. 263, §2 (rpr).]

B. [1999, c. 263, §2 (rp).]

[1999, c. 263, §2 (rpr).]

10. Right of enforcement. Enforcement of this subchapter shall be by any state, county or municipal law enforcement officer, including forest rangers and field foresters of the bureau and wardens of the Department of Inland Fisheries and Wildlife. [1989, c. 555, §10 (new).]

11. Right of entry. Agents of the bureau have rights of access to all lands within the State to carry out the duties they are authorized by law to administer and enforce. This subsection does not authorize entry into any building or structure. [1997, c. 694, §1 (amd).]

12. Right of action. A landowner found in violation of this section and penalized under section 9701 as a result of actions of a harvester has a right of action to recover the penalty against the harvester who undertook the harvest operation found in violation. In addition to all other defenses permitted by law, it is a defense that the harvester operated under the landowner's instructions. For the purposes of this subsection, the terms "harvester" and "harvest operation" have the same meanings as in section 8881. [1993, c. 217, §1 (new).]

13. (TEXT EFFECTIVE UNTIL 7106) Confidential information. Information provided to the bureau voluntarily or to fulfill reporting requirements for the purposes of establishing and monitoring outcome-based forest policy experimental areas, as created pursuant to section 8003, subsection 3, paragraph Q, is designated as confidential for the purposes of Title 1, section 402, subsection 3, paragraph A if the bureau has determined that failure to designate the information as confidential would provide competitors an opportunity to obtain business or competitive advantage over the person to whom the information belongs or pertains or would result in loss or other significant detriment to that person. The bureau, working with the landowner and the panel of technical experts appointed under subsection 3-A, may publish reports as long as those reports do not reveal confidential information. This subsection is repealed July 1, 2006. [2001, c. 339, §6 (new).]

13. (TEXT REPEALED 7106) Confidential information. [2001, c. 339, §6 (new); T. 12, §8869, sub-§13 (rp).]

14. Substantial elimination of liquidation harvesting. The commissioner shall adopt rules to substantially eliminate liquidation harvesting. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 422, Pt. A, §4 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8870. Penalties

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 3-A: FOREST PRACTICES (HEADING: PL 1989, c. 555, @10 (new))

§8870. Penalties

1. Civil violation. A person who violates a rule adopted pursuant to section 8869, subsection 14 or a condition or term of a permit, variance or decision issued by the director or the commissioner in accordance with rules adopted pursuant to section 8869, subsection 14 commits a civil violation. [2003, c. 694, §1 (new).]

2. Penalty. Except as provided in subsection 3, the following penalties apply to violations of this section.

A. A person who violates this section commits a civil violation for which a fine of not less than $100 and not more than $1,000 may be adjudged for each day of that violation. [2003, c. 694, §1 (new).]

B. A person who violates this section after having previously been adjudicated of a violation of this section within the previous 5-year period commits a civil violation for which a fine of not less than $1,000 but not more than $2,000 may be adjudged for each day of that violation. [2003, c. 694, §1 (new).]

[2003, c. 694, §1 (new).]

3. Economic benefit. If the economic benefit resulting from the violation exceeds the applicable penalties under subsection 2, the maximum fines may be increased. The maximum fine may not exceed an amount equal to twice the economic benefit resulting from the violation. The bureau shall consider as economic benefit, without limitation, the costs avoided or the enhanced value accrued at the time of the violation by the violator as a result of not complying with the applicable legal requirements. [2003, c. 694, §1 (new).]

4. Effective date. This section takes effect January 2, 2005. [2003, c. 694, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8871. Maine's forests (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4: ASSESSMENT OF FOREST RESOURCES (HEADING: PL 1989, c. 555, @11 (rp))

§8871. Maine's forests (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8872. Assessment of forest resources (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4: ASSESSMENT OF FOREST RESOURCES (HEADING: PL 1989, c. 555, @11 (rp))

§8872. Assessment of forest resources (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8873. Annual report (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4: ASSESSMENT OF FOREST RESOURCES (HEADING: PL 1989, c. 555, @11 (rp))

§8873. Annual report (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8874. Cooperation (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4: ASSESSMENT OF FOREST RESOURCES (HEADING: PL 1989, c. 555, @11 (rp))

§8874. Cooperation (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8875. Authority (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4: ASSESSMENT OF FOREST RESOURCES (HEADING: PL 1989, c. 555, @11 (rp))

§8875. Authority (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8876-A. Forest sustainability

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4-A: FOREST RESOURCE ASSESSMENT PROGRAM (HEADING: PL 1989, c. 875, Pt. J, @10 (new))

§8876-A. Forest sustainability

The director shall establish a process to assess forest sustainability. In developing this process, the director shall build on the principles of sustainability developed by the Northern Forest Lands Council established by Congress in 1990 and the criteria developed by the Maine Council on Sustainable Forest Management pursuant to Executive Order #11 dated April 25, 1995. [1997, c. 720, §10 (new).]

1. Standards. Standards must be established to assess each of the criteria listed in this subsection by January 1st of the year indicated. The following standards must be specific, measurable and understandable by both forest managers and the general public:

A. Soil productivity by 2001; [1997, c. 720, §10 (new).]

B. Water quality, wetlands and riparian zones by 1999; [1997, c. 720, §10 (new).]

C. Timber supply and quality by 1999; [1997, c. 720, §10 (new).]

D. Aesthetic impacts of timber harvesting by 2003; [1997, c. 720, §10 (new).]

E. Biological diversity by 2002; [1997, c. 720, §10 (new).]

F. Public accountability of forest owners and managers by 1999; and [1997, c. 720, §10 (new).]

G. Traditional recreation by 2003. [1997, c. 720, §10 (new).]

[1997, c. 720, §10 (new).]

2. Process. The director shall identify individuals with scientific background and practical experience in each of the criteria areas listed in subsection 1 and convene technical working groups. In the development of standards pursuant to subsection 1, the director and working groups shall assess current status and trends, the desired objectives and actions to reach the objectives. Each working group shall identify a range of alternative standards and recommend a set of standards based on a comprehensive review of available information and an assessment of the economic impacts of implementing the standards. The director shall coordinate the efforts of each working group and provide an opportunity for public comment on the recommended standards prior to final adoption. [1997, c. 720, §10 (new).]

3. Report. The director shall report to the joint standing committee of the Legislature having jurisdiction over forestry matters with a recommendation for each set of standards and an articulated goal for each criterion by the date specified in subsection 1. At the time of the report, the director shall indicate the recommended timetable for revisiting the particular criterion and standards. [1997, c. 720, §10 (new).]

4. Monitoring. As each set of standards is adopted, the director shall develop a system to monitor statewide progress in achieving those standards and begin monitoring. Standards and monitoring systems must be in place for all criteria by July 1, 2004. [1997, c. 720, §10 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8876. Forest Resource Assessment Program

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4-A: FOREST RESOURCE ASSESSMENT PROGRAM (HEADING: PL 1989, c. 875, Pt. J, @10 (new))

§8876. Forest Resource Assessment Program

There is established in the Bureau of Forestry a Forest Resource Assessment Program. The purpose of the Forest Resource Assessment Program is to systematically and continually assess the ability of the State's forests to provide sustainable forest resources and socioeconomic benefits for the people of this State. The Director of the Bureau of Forestry, referred to in this subchapter as "the director," shall implement this program to: [1997, c. 720, §9 (amd).]

1. Current status. Assess the current status of forest resources, using standards of forest sustainability developed in accordance with section 8876-A; [1997, c. 720, §9 (amd).]

2. Future demand. Project future demand for forest resources based on a common economic forecast developed by the State Planning Office and on other appropriate economic projections; [1997, c. 720, §9 (amd).]

3. Trends. Identify trends in resource utilization and forecast supply available to meet the projected demands; and [1997, c. 720, §9 (amd).]

4. Potential shortfalls. Identify potential shortfalls in forest resources and the management and policy actions necessary in the public and private sector to avoid shortfalls. [1997, c. 720, §9 (amd).]

5. Recomendations. [1997, c. 720, §9 (rp).]
div>
The director shall coordinate the efforts of this program fully with ongoing bureau and federal forestry program planning efforts and with the efforts of the Maine Economic Growth Council to develop a long-term plan for the State's economy pursuant to Title 10, section 929-B. [1997, c. 720, §9 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8877-A. Determination of supply and demand for timber resources

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4-A: FOREST RESOURCE ASSESSMENT PROGRAM (HEADING: PL 1989, c. 875, Pt. J, @10 (new))

§8877-A. Determination of supply and demand for timber resources

The director shall use a variety of methods, including those specified in this section, to assess the status of timber resources, project future demand for these resources and forecast the supply available to meet the projected demands. [1997, c. 720, §11 (new).]

1. Forest inventory. The director, in cooperation with the United States Forest Service, shall conduct a forest inventory and analysis program. The inventory must be based on plot data collected annually in a manner that provides for the entire State to be inventoried on a cycle of not more than 5 years. Plot data must be collected and compiled to provide for analysis by ownership class and geographic region. The director shall provide for collection of supplemental plot data when needed to assess the impact of catastrophic events on the State's forests or significant changes in harvesting levels or methods. [1997, c. 720, §11 (new).]

2. Remote sensing data. The director shall review data collected using remote sensing technology to determine the area of forest types and gross changes in forest types. [1997, c. 720, §11 (new).]

3. Timber supply modeling. The director shall coordinate efforts to project future timber supply using forest models based on growth, harvest and other dynamic factors affecting the forest. The models must allow for statewide projections and projections for geographic regions and landowner classes. [1997, c. 720, §11 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8877. Review and coordination (REPEALED)
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4-A: FOREST RESOURCE ASSESSMENT PROGRAM (HEADING: PL 1989, c. 875, Pt. J, @10 (new))

§8877. Review and coordination (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8878-A. Annual report on clearcutting

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4-A: FOREST RESOURCE ASSESSMENT PROGRAM (HEADING: PL 1989, c. 875, Pt. J, @10 (new))

§8878-A. Annual report on clearcutting

The director shall prepare and publish an annual report that summarizes clearcutting statewide by geographic region and by ownership class. For the purposes of this section, "clearcutting" means harvesting that results in an area meeting the definition of a clear-cut in section 8868, subsection 1. [1997, c. 720, §13 (new).]

1. Information. For landowners owning 100,000 acres or more of forest land statewide, the summary must include aggregate data and frequency distributions and must present the following information:

A. Total area clear-cut; [1997, c. 720, §13 (new).]

B. Area clear-cut as a percentage of a landowner's statewide land ownership; [1997, c. 720, §13 (new).]

C. Stated purposes for clearcutting; [1997, c. 720, §13 (new).]

D. The number of clear-cuts over 75 acres in size; [1997, c. 720, §13 (new).]

E. Total acres planted; and [1997, c. 720, §13 (new).]

F. Total acres precommercially thinned. [1997, c. 720, §13 (new).]

[1997, c. 720, §13 (new).]

2. Sources of information. The summary must be based on landowner harvest reports required under section 8885. The director may request additional information and provide field verification as resources allow. [1997, c. 720, §13 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8878. Reports (REPEALED)
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4-A: FOREST RESOURCE ASSESSMENT PROGRAM (HEADING: PL 1989, c. 875, Pt. J, @10 (new))

§8878. Reports (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8879. Biennial report on the state of the State's forests
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 4-A: FOREST RESOURCE ASSESSMENT PROGRAM (HEADING: PL 1989, c. 875, Pt. J, @10 (new))

§8879. Biennial report on the state of the State's forests

The director shall publish a biennial report on the state of the State's forests. The director must submit a copy of the report to the joint standing committee of the Legislature having jurisdiction over forestry matters by January 1st of odd-numbered years beginning January 1, 1999. [1997, c. 720, §13 (new).]

1. Content. The report must describe the condition of the State's forests based on historical information and information collected and analyzed by the bureau for the biennium. The report must provide an assessment at the state level of progress in achieving the standards developed pursuant to section 8876-A, including progress of the outcome-based forestry experiment authorized under section 8003, subsection 3, paragraph Q. The director shall also provide observations on differences in achieving standards by landowner class. The report must summarize importing and exporting of forest products for foreign and interstate activities. The director shall obtain public input during the preparation of the report through public hearings and other appropriate methods. [2001, c. 339, §7 (amd).]

1-A. Report on changes in ownership of forest land. Using information received under Title 36, section 581-E, the director shall monitor changes in ownership of parcels of forest land that are 1,000 acres or greater in area within the municipalities of the State and classified under the Maine Tree Growth Tax Law. Using information received under Title 36, sections 581-E and 581-F, the director shall monitor the number of parcels classified under the Maine Tree Growth Tax Law and the distribution of parcels by size. The biennial report must include information on the number of parcels, classified by size categories, for the organized and unorganized territories of the State. The information must be presented in a manner that facilitates comparison from year to year. In assessing changes in forest land ownership, the director shall also consider information reported pursuant to Title 36, sections 305 and 2728. The director shall provide a summary of changes in ownership of forest land in the biennial report. [2001, c. 564, §2 (new).]

2. Recommendations. The report must include recommendations for state and private actions designed to address the needs identified in the assessment.

A. State action recommendations must be defined in terms of necessary policies, programs, staff and budgetary requirements to achieve specific goals. [1997, c. 720, §13 (new).]

B. Recommendations for actions on privately held forest lands may be developed separately for large, industrial ownerships and small, nonindustrial ownerships. These recommendations must be defined in terms of actions needed to achieve specific goals. [1997, c. 720, §13 (new).]

[1997, c. 720, §13 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8881. Definitions

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 5: FOREST LANDOWNER AND WOOD PROCESSOR REPORTING REQUIREMENTS (HEADING: PL 1989, c. 555, @12 (new))

§8881. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

1. All-weather road. "All-weather road" means a public or private road that may be traversed during all seasons of the year. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

2. Designated agent. "Designated agent" means a person, firm, company, corporation or other legal entity representing the landowner in timber sales or land management. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

3. Forest products. "Forest products" means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass fuel wood, fuel wood or other products commonly known as forest products, but does not include Christmas trees, maple syrup, nursery products used for ornamental purposes, wreaths, bough material, cones or other seed crops. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

4. Harvester. "Harvester" means a person, firm, company, corporation or other legal entity which harvests or contracts to harvest a forest product. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

5. Harvest operation. "Harvest operation" means a harvest of forest products on land in a single municipality or township. Land harvested need not be contiguous and more than one harvester may work a harvest operation. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

5-A. Landowner. "Landowner" means a person, company or other entity that holds title to land, including joint owners or tenants in common. If the ownership of the timber located on the land is different from the fee ownership of the land, the owner of the timber is deemed to be a landowner and is jointly and severally responsible with the fee landowner for compliance with this subchapter. If a corporate landowner is a wholly owned subsidiary of another corporation, both parent and subsidiary are deemed to be the same landowner. [2001, c. 603, §1 (new).]

6. Lump-sum sale. "Lump-sum sale" means a sale in which the owner of standing timber sells the timber for one price and that price is not broken down by species or product. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

7. Precommercial silvicultural activities. "Precommercial silvicultural activities" means chemical or mechanical thinning operations, planting, stand conversion or timber stand improvement activities where no forest products are sold. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

8. Residue. "Residue" means by-products of a processed log, including, but not limited to bark, woodchips or sawdust. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

9. Roundwood. "Roundwood" means logs, bolts and other round sections of wood as they are cut from a tree. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

10. Roundwood processing operation. "Roundwood processing operation" means sawmills; bolter mills; shingle mills; veneer mills; fence pole and piling making operations; pulp and paper mills; wafer board, particle board and plywood mills; whole tree chippers; commercial fuel wood processors; and custom processing mills of these products. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

11. Stumpage. "Stumpage" means standing timber. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8882. Forms

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 5: FOREST LANDOWNER AND WOOD PROCESSOR REPORTING REQUIREMENTS (HEADING: PL 1989, c. 555, @12 (new))

§8882. Forms

Forms required under this subchapter must be provided by the bureau and must be written in an easily understandable format. In addition to the information required under section 8883-B, the bureau may request information regarding business practices and workers' compensation coverage. [2003, c. 452, Pt. F, §42 (amd); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8883-A. Notification of importing or exporting (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 5: FOREST LANDOWNER AND WOOD PROCESSOR REPORTING REQUIREMENTS (HEADING: PL 1989, c. 555, @12 (new))

§8883-A. Notification of importing or exporting (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8883-B. Notification
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 5: FOREST LANDOWNER AND WOOD PROCESSOR REPORTING REQUIREMENTS (HEADING: PL 1989, c. 555, @12 (new))

§8883-B. Notification

1. Notification required prior to harvest. Unless exempted under subsection 6 or by rule, prior to commencing harvesting operations the landowner or designated agent shall notify the bureau of:

A. A harvest operation of 50 cords or less; or [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

B. A commercial harvest operation of more than 50 cords. [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

When the harvest is occurring within a municipality, the bureau shall send a copy of the notification form to the municipal clerk. [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

2. Notification form. Unless an alternate form or method of reporting is provided in rule, notification must be on forms supplied by the bureau and must include the following information:

A. The name, address and phone number of the landowner, any designated agent and, if known, any harvester or harvesters; [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

B. The name and address of any licensed professional forester consulting the landowner on forest management or harvesting practices; [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

C. The municipality or township and county of harvest; [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

D. The name of the nearest public or private all-weather road; [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

E. The approximate dates the harvest will begin and finish; [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

F. The anticipated acreage to be harvested; [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

G. An indication whether the land being harvested is taxed under the Maine Tree Growth Tax Law. If the land being harvested is taxed under the Maine Tree Growth Tax Law, the notification must include a statement, signed by the landowner, indicating that the harvest is consistent with the forest management and harvest plan required by Title 36, section 574-B, subsection 1. A licensed professional forester who has a fiduciary responsibility to the landowner may sign the statement required in this paragraph.
Failure to indicate that the harvest is consistent with the forest management and harvest plan constitutes a withdrawal from taxation under the Maine Tree Growth Tax Law of the land being harvested in a manner that is not consistent with the forest management and harvest plan. When such failure is indicated, the director shall notify the assessor for the jurisdiction in which the parcel is located that the land or a portion of the land no longer meets the requirements of Title 36, chapter 105, subchapter 2-A and must be withdrawn in accordance with Title 36, section 581; [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

H. Whether the land is being harvested to convert to another use within 2 years and, if so, what that use is to be.
If the land being converted to another use is taxed under the Maine Tree Growth Tax Law, notification of a change of land use under this subsection constitutes a withdrawal from taxation under the Maine Tree Growth Tax Law of that portion of land being converted to another use. When a change in land use is indicated, the director shall notify the assessor for the jurisdiction in which the parcel is located that the land or the portion of land no longer meets the requirements of Title 36, chapter 105, subchapter 2-A and must be withdrawn in accordance with Title 36, section 581; [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

I. The signatures of the harvester when listed on the form in accordance with paragraph A and the licensed professional forester when listed on the form in accordance with paragraph B; [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

J. The signature of the landowner and the signature of the designated agent when a designated agent is listed in accordance with paragraph A. If the designated agent is a licensed professional forester who has a fiduciary responsibility to the landowner, the signature of the landowner is not required; [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

K. A map locating the harvest site in relation to known or easily identifiable terrain features such as a road junction or a stream and road junction. The map must be a copy of a 7.5 or 15 minute series topographical map produced by the United States Geological Survey or a map of equivalent or superior detail in the location of roads; and [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

L. The date of notification. [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

3. Harvest reporting forms. Upon receipt by the bureau of the form required under subsection 2, the bureau shall mail forms to the landowner or designated agent for reporting harvest information pursuant to this subchapter. [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

4. Notification form on file; posted. The landowner or designated agent shall retain a copy of the notification form and produce it upon request of agents as specified in section 8888. The landowner or designated agent shall post the notification number at the harvest site in a clearly visible location. [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

5. Duration. A notification shall remain valid for 2 years from the date of issue or upon completion of the harvest, whichever occurs first. If the harvest extends beyond 2 years, a new notice under this section must be filed. [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

6. Notification exemption. The following activities are exempt from the notification requirement under this section:

A. Activities where forest products are harvested for an owner's own use and are not sold or offered for sale or used in the owner's primary wood-using plants; [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

B. Precommercial silvicultural forestry activities; and [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

C. Harvesting performed by the landowner within a 12-month period when the total area harvested on land owned by that landowner does not exceed:

(1) Two acres if the residual basal area of acceptable growing stock over 4 12 inches in diameter measured at 4 12 feet above the ground is less than 30 square feet basal area per acre; or

(2) Five acres if the residual basal area of acceptable growing stock over 4 12 inches in diameter measured at 4 12 feet above the ground is more than 30 square feet basal area per acre.
[2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

7. Penalties. The following penalties apply to the failure to notify the bureau pursuant to this section. Each day of failure to notify is a separate offense.

A. Failure to notify the bureau of a harvest operation of 50 cords or less constitutes a civil violation for which a fine of not more than $50 may be adjudged. [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

B. Providing inaccurate information on a notification form for a harvesting operation of 50 cords or less is a civil violation for which a fine of not more than $50 may be adjudged. [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

C. Failure to notify the bureau of a commercial harvest operation of more than 50 cords constitutes a civil violation for which a fine not to exceed $1,000 for each occurrence may be adjudged and for which immediate cessation of the operation may be ordered by the court. Continued operation after receiving an order to cease operation constitutes a civil violation for which a fine not to exceed $1,000 for each day the operation continues may be adjudged. [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

D. Providing inaccurate information on a notification form for a commercial harvesting operation of more than 50 cords is a civil violation for which a fine of not more than $1,000 for each occurrence may be adjudged. [2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. F, §44 (new); Pt. X, §2 (aff).]

8. Confidentiality. The addresses, telephone numbers and electronic mail addresses of forest landowners owning less than 1,000 acres statewide contained in notifications filed under this section are confidential and may be disclosed only in accordance with section 8005. [2005, c. 358, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8883. Notification (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 5: FOREST LANDOWNER AND WOOD PROCESSOR REPORTING REQUIREMENTS (HEADING: PL 1989, c. 555, @12 (new))

§8883. Notification (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8884. Annual wood processing reports
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 5: FOREST LANDOWNER AND WOOD PROCESSOR REPORTING REQUIREMENTS (HEADING: PL 1989, c. 555, @12 (new))

§8884. Annual wood processing reports

1. Wood processor reports. Owners or operators of all roundwood processing operations shall submit an annual report to the director of the bureau during the month of January for the roundwood used or processed by the operation during the preceding year. The report shall specify the amount of roundwood processed by species and county where cut from the stump. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

1-A. Reclaimed waste wood and cedar waste report. A taxpayer claiming a credit under Title 36, section 5219-F shall submit an annual report to the Director of the Bureau of Forestry, initially by July 1, 1994, and during the month of January thereafter, specifying the source, volume and location of reclaimed wood waste or cedar waste for which a credit has been claimed. [1991, c. 528, Pt. G, §10 (amd); Pt. RRR (aff); c. 591, Pt. G, §10 (amd).]

2. Imports and exports. Persons, firms, corporations or companies selling forest products out of the State or buying forest products to bring into the State shall submit an annual report to the director of the bureau during the month of January for the forest products sold out of the State or brought into the State. The report must also identify the origin of imported forest products by state or country, the county in the State in which exported forest products were harvested and the destination of exported forest products by state or country. [2005, c. 133, §4 (amd).]

3. Confidentiality. Volume information contained in these reports is confidential and shall not be made public except that summary reports may be published that use aggregated data which do not reveal the activities of an individual person or firm. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

4. Failure to submit report; penalty. Failure to submit reports pursuant to this section constitutes a civil violation for which a fine not to exceed $1,000 for each failure may be adjudged. [2003, c. 452, Pt. F, §45 (new); Pt. X, §2 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8885. Reports by forest landowners

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 5: FOREST LANDOWNER AND WOOD PROCESSOR REPORTING REQUIREMENTS (HEADING: PL 1989, c. 555, @12 (new))

§8885. Reports by forest landowners

1. Harvest report. Except as provided in subsection 1-A, an owner of forest land who sells forest products or harvests forest products for that owner's commercial use shall submit a report to the director stating the species, volume and stumpage price per unit of measure for each transaction, the municipality or township where the stumpage was located, the estimated acreage of the harvest, the harvest method employed and the extent of whole-tree harvesting of both solid and chipped wood. For lump-sum sales, the purchaser shall be responsible for submitting the report. [1997, c. 720, §14 (amd).]

1-A. Alternate harvest report. The director may develop alternate forms for or methods of collecting harvest information from landowners who do not harvest timber on a regular basis. The director shall define landowners subject to the provisions of this subsection and provide report forms pursuant to section 8883-B, subsection 3. [2003, c. 452, Pt. F, §46 (amd); Pt. X, §2 (aff).]

2. Precommercial silvicultural practices report. Owners of forest land on which precommercial silvicultural practices have been performed on more than 10 acres in any year shall report these practices to the director. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

2-A. Report on clear-cuts. When timber harvesting produces a clear-cut as defined in section 8868, the landowner shall report to the director the acreage of the clear-cut and the purpose of the clear-cut. [1997, c. 720, §16 (new).]

3. Reports. Reports required under subsections 1 and 2 are due during the month of January. If the period of cutting under subsection 1 or 2 extends beyond December 31st of any calendar year, a report must be submitted during the month of January for the preceding year. A person filing a harvest notification form pursuant to section 8883-B must complete and return to the bureau a harvest report whether or not the landowner has harvested that year. [2003, c. 452, Pt. F, §47 (amd); Pt. X, §2 (aff).]

4. Confidentiality. Information contained in reports filed under this section shall not be made public, except that summary reports may be published that use aggregated data which do not reveal the activities of an individual person or firm. Forms submitted pursuant to this section shall be available for the use of the State Tax Assessor pursuant to Title 36, chapter 105, subchapter II-A. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

5. Disclosure. Nothing in this section may be construed to prevent the disclosure of information to duly authorized officers of the United States and of other states, districts and territories of the United States and of the provinces and Dominion of Canada. The information shall be given only on the written request of the duly authorized officer when that officer's government permits the exchange of similar information with the taxing officials of this State and when that officer agrees that the information shall be used only for tax collection purposes. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

6. Failure to submit report; penalty. Failure to submit reports pursuant to this section constitutes a civil violation for which a fine not to exceed $1,000 for each failure may be adjudged. [2003, c. 452, Pt. F, §48 (new); Pt. X, §2 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8886. Reports

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 5: FOREST LANDOWNER AND WOOD PROCESSOR REPORTING REQUIREMENTS (HEADING: PL 1989, c. 555, @12 (new))

§8886. Reports

The director shall produce the following reports. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

1. Harvesting practices. Utilizing a sample of forest landowner reports and any other appropriate survey methods, the director shall tabulate an annual survey of the methods of harvesting and the harvest practices employed. The information on harvesting shall include, but not be limited to, the silvicultural prescriptions employed, the estimated acreage of various harvest methods, including clear-cutting, and the extent of whole-tree harvesting of both solid and chipped wood. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]

2. Annual price reports. The bureau shall publish, annually, a report on prices as specified below. These reports must be reported by zones as determined by the director and must include a statewide average of all zones.

A. The reports must include stumpage prices paid for forest tree species of the State as reported pursuant to section 8885. Prices for other forest products may be collected using acceptable survey techniques. [1997, c. 720, §18 (amd).]

B. [2005, c. 133, §5 (rp).]

[2005, c. 133, §5 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8887. Penalties (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 5: FOREST LANDOWNER AND WOOD PROCESSOR REPORTING REQUIREMENTS (HEADING: PL 1989, c. 555, @12 (new))

§8887. Penalties (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8888. Enforcement

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 805: COOPERATIVE FORESTRY MANAGEMENT
Subchapter 5: FOREST LANDOWNER AND WOOD PROCESSOR REPORTING REQUIREMENTS (HEADING: PL 1989, c. 555, @12 (new))

§8888. Enforcement

Enforcement of this subchapter shall be by any state, county or municipal law enforcement officer, including forest rangers and field foresters of the Bureau of Forestry and wardens of the Department of Inland Fisheries and Wildlife. [1989, c. 555, §12 (new); c. 600, Pt. B, §11 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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