§ 12 §8869 — Forest harvest regulations

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.
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.
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.
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.
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.
3-A.
Plans for outcome-based forestry areas.
Practices applied on an 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 forestry principles must address:
3-B.
Reporting and notification; outcome-based forestry projects.
The director, in consultation with the technical panel under subsection 3‑A, shall report to the joint standing committee of the Legislature having jurisdiction over forestry matters as follows.
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.
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.
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.
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.
7-A.
Exemption for outcome-based forestry areas.
An outcome-based forestry area designated under section 8003, subsection 3, paragraph Q is exempt from the requirements of this section if specifically exempted in the agreement establishing the outcome-based forestry area.
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 timber harvesting activities, except that municipalities regulating timber harvesting activities 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, 2028.
9.
Centralized listing of municipal ordinances.
The bureau shall maintain for informational purposes a statewide centralized listing of municipal ordinances that specifically apply to timber harvesting activities.
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.
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.
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.
13.
Confidential information.
Information provided to the bureau voluntarily or to fulfill reporting requirements for the purposes of establishing and monitoring outcome-based forestry areas, as created pursuant to section 8003, subsection 3, paragraph Q, is public unless the person to whom the information belongs or pertains requests that it be designated as confidential and the bureau has determined it contains proprietary information. For the purposes of this subsection, "proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the person submitting the information and would make available information not otherwise publicly available. 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.
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.

Legislative History

PL 1989, c. 555, §10 (NEW). PL 1991, c. 863, §1 (AMD). PL 1993, c. 217, §1 (AMD). PL 1995, c. 122, §1 (AMD). PL 1995, c. 122, §2 (AFF). PL 1997, c. 694, §1 (AMD). PL 1997, c. 720, §§7,8 (AMD). PL 1999, c. 263, §§1,2 (AMD). PL 1999, c. 361, §§2,3 (AMD). PL 2001, c. 339, §§3-6 (AMD). PL 2003, c. 335, §3 (AMD). PL 2003, c. 422, §§A3,4 (AMD). PL 2005, c. 550, §§4-6 (AMD). PL 2007, c. 271, §§3-5 (AMD). PL 2009, c. 567, §9 (AMD). PL 2011, c. 488, §§3-5 (AMD). PL 2011, c. 657, Pt. W, §7 (REV). PL 2013, c. 405, Pt. A, §23 (REV). PL 2013, c. 542, §§3-6 (AMD). PL 2025, c. 274, §§1, 2 (AMD).