CHAPTER 637
S.P. 705 - L.D. 1858
An Act To Change the Point System for Clearing Vegetation Adjacent to Protected Natural Resources
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §480-Q, sub-§23, as enacted by PL 2001, c. 618, §5, is amended to read:
23. Cutting or clearing subject to mandatory shoreland zoning laws. Cutting or clearing of upland vegetation adjacent to those protected natural resources listed in section 480-C, subsection 1, paragraph A or B for a purpose other than forest management as long as:
A. The cutting or clearing is subject to the jurisdiction of a municipality pursuant to chapter 3, subchapter I 1, article 2-B; or
B. If the cutting or clearing is not subject to the jurisdiction of a municipality pursuant to chapter 3, subchapter I 1, article 2-B, vegetation within the adjacent area is maintained as follows:
(1) There is no cleared opening greater than 250 square feet in the forest canopy as measured from the outer limits of the tree crown, except that a footpath may be constructed established for the purpose of access to water if it does not exceed 6 feet in width as measured between tree trunks and has at least one bend in its path to divert channelized runoff;
(2) Any selective cutting of trees within the buffer strip leaves a well-distributed stand of trees and other natural vegetation.
(a) For the purposes of this subparagraph, a "well-distributed stand of trees and other natural vegetation" is defined as maintaining a rating score of 8 16 or more points in a 25-foot by 25-foot square 50-foot rectangular area as determined by the following rating system.
(i) A tree with a diameter at 4 1/2 feet above ground level of 2 to 4 2.0 to less than 4.0 inches has a point value of one.
(ii) A tree with a diameter at 4 1/2 feet above ground level of more than 4 inches and up to and including 12 4.0 inches to less than 8.0 inches has a point value of 2.
(iii) A tree with a diameter at 4 1/2 feet above ground level of more than 12 8.0 inches to less than 12.0 inches has a point value of 4.
(iv) A tree with a diameter at 4 1/2 feet above ground level of 12.0 or more inches has a point value of 8.
(b) In applying this point system:
(i) The 25-foot by 25-foot square 50-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;
(ii) Each successive plot must be adjacent to, but may not overlap, a previous plot;
(iii) Any plot not containing the required points may have no vegetation removed except as otherwise allowed by this subsection; and
(iv) Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this subsection; and
(v) Where conditions permit, no more than 50% of the points on any 25-foot by 50-foot rectangular area may consist of trees greater than 12 inches in diameter.
(c) For the purposes of this subparagraph, "other natural vegetation" is defined as retaining existing vegetation under 3 feet in height and other ground cover and retaining at least 5 saplings less than 2 inches in diameter at 4 1/2 feet above ground level for each 25-foot by 50-foot rectangular area. If 5 saplings do not exist, the landowner or lessee may not remove any woody stems less than 2 inches in diameter until 5 saplings have been recruited into the plot;
(3) In addition to the requirements of subparagraph (2), no more than 40% of the total volume of trees 4 4.0 inches or more in diameter, measured 4 1/2 feet above ground level, is selectively cut in any 10-year period;
(4) In order to protect water quality and wildlife habitat, existing vegetation under 3 feet in height and other ground cover is not removed except for construction of a footpath as provided in subparagraph (1);
(5) Tree branches are not pruned except on the bottom 1/3 of the tree as long as tree vitality will not be adversely affected; and
(6) In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings in excess of 250 square feet, these openings are replanted with native tree species unless there is existing new tree growth.
Cleared openings legally in existence on September 1, 2002 may be maintained but may not be enlarged.
Cleared openings legally in existence on September 1, 2002 may be maintained but may not be enlarged.
This subsection applies to an area with vegetation composed primarily of shrubs, trees or other woody vegetation without regard to whether the area was previously cut or cleared;
Sec. 2. Rulemaking. Notwithstanding Resolve 1999, chapter 116, rules adopted by the Board of Environmental Protection and the Department of Conservation, Maine Land Use Regulation Commission pursuant to this Act are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Effective July 30, 2004, unless otherwise indicated.
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