| (b) "Eligible timberlands" means land of at least | 10 acres located in the State and used primarily | for the growth of trees to be commercially | harvested. Land that would otherwise be included | within this definition may not be excluded because | of: |
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| (i) Use of the land for multiple public | recreation activities; |
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| (ii) Statutory or governmental restrictions | that prevent commercial harvesting of trees | or require a primary use of the land other | than commercial harvesting; |
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| (iii) Deed restrictions, restrictive | covenants or organizational charters that | prevent commercial harvesting of trees or | require a primary use of land other than | commercial harvesting and that were effective | prior to January 1, 1982; or |
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| (iv) Past or present multiple use for | mineral exploration. |
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| (c) "Forest products that have commercial value" | means logs, pulpwood, veneer, bolt wood, wood | chips, stud wood, poles, pilings, biomass, fuel | wood, Christmas trees, maple syrup, nursery | products used for ornamental purposes, wreaths, | bough material or cones or other seed products. |
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| (d) "Sustainably managed" means: |
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| (i) A forest management and harvest plan, as | defined in section 573, subsection 3-A, has | been prepared for the eligible timberlands | and has been in effect for the entire time | period used to compute the amount of the | subtraction modification under this | paragraph; and |
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| (ii) The taxpayer has received a written | statement from a licensed forester certifying | that, as of the time of the sale, the | eligible timberlands have been managed in | accordance with the plan under subdivision | (i) during that period. |
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