APPROVED CHAPTER
APRIL 7, 2021 30
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
S.P. 44 - L.D. 36
An Act To Amend the Definition of "Timber Harvesting"
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Department of Agriculture, Conservation and Forestry, Bureau of
Forestry relies on timber harvest notifications to track green wood movement in the State
and on accurate information provided by landowners and wood processors to track wood
use, which, in turn, informs forest policy discussions; and
Whereas, with the increase in large power line, wind farm and solar projects
throughout the State, this legislation must take effect as soon as possible to assist the
regulated community to better understand when it is necessary to file a timber harvest
notification with the Bureau of Forestry; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §8868, sub-§4, as amended by PL 1997, c. 720, §6, is further
amended to read:
4. Timber harvesting. "Timber harvesting" means the cutting or removal of timber
for the primary purpose of selling or processing forest products trees or forest products that
when cut or removed are transported to a roundwood processing operation, as defined in
section 8881, subsection 10. "Timber harvesting" does not include reclaiming trees, logs
or bark from timber harvesting or other operations, including but not limited to retrieving
submerged timbers from log drives or bark from bark piles.
Sec. 2. 12 MRSA §8881, sub-§3, as enacted by PL 1989, c. 555, §12 and affected
by c. 600, Pt. B, §11, is amended to read:
3. Forest products. "Forest products" means logs, pulpwood, veneer, bolt wood,
wood chips, stud wood, poles, pilings, biomass fuel wood, fuel wood, bark or other
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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.
Sec. 3. 12 MRSA §8881, sub-§10, as enacted by PL 1989, c. 555, §12 and affected
by c. 600, Pt. B, §11, is amended to read:
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 bark processors; custom processing mills of these
products; and log yards established to accumulate logs awaiting shipment to these
operations.
Sec. 4. 17 MRSA §2511, sub-§1, ¶E, as enacted by PL 2003, c. 550, §1, is
amended to read:
E. "Timber harvesting" means the cutting or removal of timber for the primary purpose
of selling or processing forest products has the same meaning as in Title 12, section
8868, subsection 4.
Sec. 5. 23 MRSA §3360-A, sub-§1, ¶A-2, as enacted by PL 1999, c. 718, §1, is
amended to read:
A-2. "Commercial timber harvesting activity" means the cutting or removal of timber
for the primary purpose of selling or processing forest products and includes the
attendant operation of mobile or portable chipping mills and of cutting and skidding
machinery and the creation, use and maintenance of skid trails, skid roads, winter haul
roads and other roads to facilitate timber harvesting has the same meaning as "timber
harvesting activities" as defined in Title 12, section 8868, subsection 5.
Sec. 6. 38 MRSA §436-A, sub-§13, as amended by PL 2013, c. 320, §6, is further
amended to read:
13. Timber harvesting. "Timber harvesting" means the cutting and removal of timber
for the primary purpose of selling or processing forest products has the same meaning as
in Title 12, section 8868, subsection 4. "Timber harvesting" does not include the cutting
or removal of vegetation within the shoreland zone when associated with any other land
use activities.
Sec. 7. 38 MRSA §438-B, sub-§1, ¶C, as enacted by PL 2003, c. 335, §5, is
amended to read:
C. "Timber harvesting" means cutting or removal of timber for the primary purpose of
selling or processing forest products has the same meaning as in Title 12, section 8868,
subsection 4.
Sec. 8. 38 MRSA §480-B, sub-§2-B, as amended by PL 2011, c. 599, §11, is
further amended to read:
2-B. Forest management activities. "Forest management activities" means timber
stand improvement, timber harvesting activities, forest products harvesting and
regeneration of forest stands. For the purposes of this definition, "timber harvesting
activities" means timber harvesting, the construction and maintenance of roads used
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primarily for timber harvesting, the mining of gravel used for the construction and
maintenance of roads used primarily for timber harvesting and other activities conducted
to facilitate timber harvesting. For the purposes of this definition, "timber harvesting"
means the cutting or removal of timber for the primary purpose of selling or processing
forest products has the same meaning as in Title 12, section 8868, subsection 4.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text LD 36, SP 44: 12.8868, 12.8881, 17.2511, 23.3360, 38.436, 38.438, 38.480
Bill Text ACTPUB , Chapter 30: 12.8868, 12.8881, 17.2511, 23.3360, 38.436, 38.438, 38.480