Forest Practices Act

This act regulates the practice of clearcutting by setting regeneration and clearcut size requirements as follows.

Clearcut type:	Category I	Category II	Category II (exception)
Size in Acres:	5-35	36-125	126-250
Minimum separation distance between clearcuts in feet:	250	*250 for each cut this size	500 for each cut this size
Minimum acres not clearcut adjacent to the clearcut:	None	1.5 X clearcut area	2 X clearcut area
Permitted harvest in separation zone:	Any, as long as not a clearcut	40% of volume (trees > 6" DBH) in a 10 year period, with a minimum of 50 sq ft basal area of residual acceptable growing stock	40% of volume (trees > 6" DBH) in a 10 year period, with a minimum of 50 sq ft basal area of residual acceptable growing stock
Management Plan by Professional Forester:	Not required	Required before cutting for clearcuts above 50 acres. Plan must address erosion control, windthrow, and wildlife habitat.	Required before cutting. Plan must address erosion control, windthrow, and wildlife habitat.
**Reporting of Clearcut:	None	After harvest	After harvest
***Regeneration Certification:	None	Within 5 years of harvest	Within 5 years of harvest

* If two category II clearcuts adjoin each other, the required buffer is 500 '

** Report location and size to Bureau of Forestry (address below)

*** Certification from a professional forester that the clearcut has regenerated within 5 years of harvest. Send to Bureau of Forestry (address below)

 

Definition of a clearcut

• Less than 30 sq ft of basal area per acre of trees (>6" DBH) of acceptable growing stock and all areas within the clearcut greater than 5 acres meet 30 sq ft basal area standard or (MFS 1996)
• If the average residual basal area per acre of trees >1" DBH is greater than than 30 sq ft and the average residual basal area of trees >6" DBH is less than 10 sq ft or
• Residual trees are greater than 5' tall and the area meets the regeneration standard (see below) (Field 1994)

An area is not considered as a clearcut anymore when

• Ten years have passed since harvest and
• The regeneration standard is met by hardwood trees > 10 ' tall and softwood trees > 5 ' tall or
• A change of land use has occurred and the Bureau of Forestry has been notified of this change (up to 5 acres around a home or camp are exempt from the regeneration standard)

Regeneration Standard: At least 60% of sample plots contain at least one tree of acceptable specifications. Specifications are as follows: the tree is at least 10 years old, hardwood stems are at least 10' tall and softwood stems area at least 5' tall. Plots are 1/500 acre or 5.27 ' in radius. If ownership is transferred, new owner is responsible for sufficient regeneration. If natural disaster occurs, regeneration standard does not apply. Vegetation cover sufficient to prevent accelerated erosion must be established on the site after natural disasters.

Additional Details

• If two category I clearcuts are separated by less than 250 ' of forest land, then the clearcut acerage is considered as one clearcut.
• A category II clearcut does not have to have the full 250 ' surrounding it on sides abutting a different owner; although, the clearcut cannot be closer than 100 ' from a property line without written permission of the adjoining landowner.
• A category II (exception) cannot occur on areas identified by the Department of Inland Fisheries and Wildlife as significant, essential, or having endangered species habitat.
• If a harvest cannot meet these standards, a variance must be granted by the Commissioner of Conservation before the harvest begins

(MFS 1996)

Contact

Bureau of Forestry

State House Station #22

Augusta, ME 04333

1-800-367-0223

207-289-2791

HOME / CONTENTS / INDEX / DEFINITIONS / REFERENCES / SUGGESTIONS

http://www.ume.maine.edu/~woodlot/ Copyright ©1997: University of Maine Contact: Webwiz@apollo.umenfa.maine.edu