Mars Hill landowner penalized for Forest Practices Act violation

    AUGUSTA – The Department of Conservation’s Maine Forest Service recently announced the settlement of a Forest Practices Act clear-cutting violation on land owned by County Land Co. of Mars Hill. The violations occurred on a parcel of land off the McBurnie Road in Presque Isle.
    Harvest operations on the 400-acre parcel resulted in 27 acres of timber being cleared as a change of land use from forestry to agriculture. However, County Land Co. could not complete the change of land use within the two years of completing the timber harvest as required by the state’s forest practices rules. County Land Co. therefore was responsible for complying with the state’s law and rules governing the size and arrangement of clearcuts. County Land Co.’s actions resulted in the creation of a 27-acre, Category 2 clearcut that did not have a harvest plan prepared by a licensed forester prior to the harvest.
    In the settlement agreement, County Land Co. admitted responsibility for the violation and agreed to pay a $6,000 civil penalty. Maine Forest Service Director Alec Giffen noted that, “To make them effective as a deterrent, penalties for forest practices rule violations are intended to remove the financial benefit obtained through such violations.”
    Regional Enforcement Coordinator Tom Whitworth said that these types of violations “often result from inadequate planning.”
    “Landowners need to be aware that if they clear timber for a change of land use, whether for development activities or agricultural uses, they need to complete the change of land use within two full calendar years of completing the harvest,” said Whitworth. “If landowners fail to complete a change of land use, they are responsible for demonstrating compliance with the state’s Forest Practices Act and its implementing rule. Landowners should also acquire the necessary permits from the proper authorities before beginning any land use change activities.”
    “Our goal is to improve the management of Maine’s forests,” Giffen said. “Our agency focuses on educating and informing landowners to reduce the possibility of such violations. But, when violations do occur, we have a responsibility to uphold the law and to enforce the Forest Practices Act. We take this and our other responsibilities very seriously.”
    The FPA investigation and settlement negotiations were carried out by Maine Forest Service staff.
    Representatives from County Land Co. could not be reached for comment.