§ 8866 Purpose
§ 8867-A Rulemaking
§ 8867-B Regulation of timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters
§ 8867-C Enhancement of cold water fisheries habitat
§ 8867-D Regulation of timber harvesting and timber harvesting activities within the unorganized and deorganized areas of the State
§ 8867-E Regulation of land management roads, gravel pits and water crossings within the unorganized and deorganized areas of the State
§ 8867-F Fee schedule
§ 8867-G Forest certification programs
§ 8868 Definitions
§ 8869 Forest harvest regulations
§ 8869-A Prior bureau approval for harvesting trees and authority to issue stop-work orders
§ 8869-B Maine Forestry Operations Cleanup and Response Fund
§ 8870 Penalties

Terms Used In Maine Revised Statutes > Title 12 > Part 11 > Chapter 805 > Subchapter 3-A - Forest Practices

  • Agreement: means a legally binding written document between 2 or more parties, including, but not limited to, a document commonly referred to as an accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement, purchase of service or state aid. See Maine Revised Statutes Title 5 Sec. 1660-D
  • agreement funding: means all agreement funds received by a community agency from the department. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Clear-cut: means any timber harvesting on a forested site greater than 5 acres in size that results in a residual basal area of trees over 4 1/2 inches in diameter measured at 4 1/2 feet above the ground of less than 30 square feet per acre, unless, after harvesting, the site has a well-distributed stand of acceptable growing stock, as defined by rule, of at least 3 feet in height for softwood trees and 5 feet in height for hardwood trees that meets the regeneration standards defined under section 8869, subsection 1. See Maine Revised Statutes Title 12 Sec. 8868
  • Commission: means the Maine Land Use Planning Commission established under section 683?A. See Maine Revised Statutes Title 12 Sec. 8868
  • Commissioner: means the Commissioner of Health and Human Services, who has responsibility for the administration of this chapter. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Community agency: means any public or private nonprofit organization, firm, individual, partnership or business corporation operated for profit that:
A. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Community agency fiscal year: means the fiscal year of a community agency commencing on or after July 1, 1995. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county commissioners: means the county commissioners of Aroostook County. See Maine Revised Statutes Title 30-A Sec. 739
  • county commissioners: means the county commissioners of Knox County. See Maine Revised Statutes Title 30-A Sec. 751
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Health and Human Services as well as other departments and agencies of State Government approved for inclusion in this chapter by the commissioner. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Department examination: means actions determined to be necessary by the department's audit division, including, but not limited to, analyses or testing of reported agreement balances and transactions, provision of internal control systems and compliance with rules. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Department review: means a review by the department of a community agency's submitted annual financial statement report. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Dollar threshold: means a funding limit that is set to determine how a community agency will be held accountable for agreement receipts of state and federal funds from the department. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Entitywide financial reporting: means financial statements and agreement supplemental schedules of a community agency prepared based on its fiscal year. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal audit: means an audit made pursuant to the federal Office of Management and Budget uniform guidance under Title 2 of the Code of Federal Regulations, Part 200 or any subsequent revisions. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Federal funds: means all federal funds received by a community agency and not just those agreements received from the department. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forest management plan: means a site-specific document signed by a professional forester outlining proposed activities to ensure compliance with performance standards and regeneration requirements established pursuant to this subchapter. See Maine Revised Statutes Title 12 Sec. 8868
  • Fund for a Healthy Maine: whenever used in this chapter , mean the Other Special Revenue account within the Department of Administrative and Financial Services established pursuant to Title 22, section 1511. See Maine Revised Statutes Title 5 Sec. 1661
  • Generally accepted accounting principles: means uniform minimum standards and guidelines for financial accounting and reporting ordinarily employed by skilled accountants and agreed upon by authoritative practitioners of recognized professional standing, such as the American Institute of Certified Public Accountants and other recognized professional bodies. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Government auditing standards: means auditing standards promulgated by the Comptroller General of the United States that are applicable to financial audits. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Governor-elect: whenever used in this chapter and chapter 145, shall be held to mean the candidate most recently elected to the office of Governor of the State of Maine in the November election for choice of Governor, or his successor. See Maine Revised Statutes Title 5 Sec. 1661
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Independent public accountant: means a person who complies with government auditing standards and who is one of the following:
  • A. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land management road: means a road constructed and used primarily for agricultural or forest management activities. See Maine Revised Statutes Title 12 Sec. 8868
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquidation harvesting: means the purchase of timberland followed by a harvest that removes most or all commercial value in standing timber, without regard for long-term forest management principles, and the subsequent sale or attempted resale of the harvested land within 5 years. See Maine Revised Statutes Title 12 Sec. 8868
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
  • Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
  • Nonparticipating department: means a department or division of State Government other than one defined as a department in this section that has not been approved for inclusion in this chapter by the commissioner. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Nonprofit organization: means any agency, institution or organization that consists of or is owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Outcome-based forest policy: means a science-based, voluntary process to achieve agreed-upon economic, environmental and social outcomes in the State's forests, as an alternative to prescriptive regulation, demonstrating measurable progress towards achieving statewide sustainability goals and allowing landowners to use creativity and flexibility to achieve objectives, while providing for the conservation of public trust resources and the public values of forests. See Maine Revised Statutes Title 12 Sec. 8868
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parcel: means a contiguous tract or plot of forest land owned by a landowner. See Maine Revised Statutes Title 12 Sec. 8868
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Professional forester: means a person licensed pursuant to Title 32, chapter 76. See Maine Revised Statutes Title 12 Sec. 8868
  • Public: means a municipal, county or other governmental body that is a political subdivision within the State. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Risk pool: means utilizing and assessing risk factors for determining the need for an examination of an agreement. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Separation zone: means an area that surrounds a clear-cut and separates it from other clear-cuts. See Maine Revised Statutes Title 12 Sec. 8868
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Social service: means any social services program funded in whole or in part through an agreement issued by the department. See Maine Revised Statutes Title 5 Sec. 1660-D
  • Timber harvesting: means the cutting or removal of trees or forest products that when cut or removed are transported to a roundwood processing operation, as defined in section 8881, subsection 10. See Maine Revised Statutes Title 12 Sec. 8868
  • Timber harvesting activities: means timber harvesting, the construction and maintenance of roads used 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. See Maine Revised Statutes Title 12 Sec. 8868
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72