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<section number="25-124" name="Forest Management and Harvesting" law="code" slug="sec-25-124" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_25TRVE_DIV2WOWIHACOOR_S25-124FOMAHA">
  <level label="a">
    <text>General</text>
    <level label="1">
      <text>Properties that have been or will be harvested for forest products for commercial purposes within five (5) years of DRD or grading permit application submission shall be subject to this Division.</text>
    </level>
    <level label="2">
      <text>Forest harvesting for commercial purposes may be exempt from this Division and receive a Numbered Letter of Exemption if the criteria in Section 25-119(b)(6) are met.</text>
    </level>
    <level label="3">
      <text>Forests that have been harvested may be considered for use as woodland preservation if a report from a qualified professional states that the woodlands are in good condition, are in the process of regenerating, and contain limited amounts of invasive or exotic plants.</text>
    </level>
    <level label="4">
      <text>If a site has a pending DRD application, that application must receive signature approval prior to the commencement of forest harvesting operations.</text>
    </level>
  </level>
  <level label="b">
    <text>Forest Management Activities Not Requiring a Grading or Forest Harvest Permit</text>
    <level label="1">
      <text>The removal of less than five (5) cords or two thousand (2,000) board feet of wood per year for personal use is allowed if a stocking level of eighty (80) square feet of basal area is maintained, and the shrub layer, herbaceous layer, and the leaf litter remain intact.</text>
    </level>
    <level label="2">
      <text>Non-commercial forest management activities, such as trimming or stand improvement, are allowed performed in accordance with a Forest Management Plan prepared by a licensed forester when no forest products are removed from the site and acceptable stocking levels are maintained.</text>
    </level>
    <level label="3">
      <text>Non-commercial removal of other forest products such as mushrooms, nuts, or berries not requiring the use of motorized wheeled or tracked equipment is allowed, unless the activity will impair the health of the forest.</text>
    </level>
  </level>
  <level label="c">
    <text>Exemptions for Forest Harvesting</text>
    <level label="1">
      <text>A Numbered Letter of Exemption may be issued by the Planning Director for forest harvesting when the following apply:</text>
      <level label="A">
        <text>There is no approved TCP for the subject property except as noted in (d) below;</text>
      </level>
      <level label="B">
        <text>There are no zoning requirements, Planning Board, Zoning Hearing Examiner or District Council approvals, or decisions pending for the site that would be adversely impacted by the proposed forest harvest;</text>
      </level>
      <level label="C">
        <text>The environmental setting of a designated historic district or historic resource would not be adversely impacted;</text>
      </level>
      <level label="D">
        <text>A Forest Management Plan prepared by a licensed forester is submitted with the application for the Numbered Letter of Exemption; and</text>
      </level>
      <level label="E">
        <text>A Declaration of Intent is submitted that states the property owner's intent to conduct a commercial forest harvest and not to develop the land within five years of the completion of the forest harvest.</text>
      </level>
    </level>
    <level label="2">
      <text>Letters of Exemption for forest harvests shall remain valid for a period of five years following the date of issuance.</text>
    </level>
  </level>
  <level label="d">
    <text>Commercial Forest Harvesting on Properties with a Previously Approved TCP</text>
    <level label="1">
      <text>A property with an approved TCP shall not be issued a Numbered Letter of Exemption for forest harvesting.</text>
    </level>
    <level label="2">
      <text>Forest harvesting must be performed in accordance with a revised TCP2 approved for harvesting, and a Forest Management Plan prepared by a licensed forester.</text>
    </level>
    <level label="3">
      <text>A forest harvesting permit shall be obtained from the County permitting authority prior to commencement of the harvesting operation. The permit application shall include a forest harvest plan and an approved erosion and sediment control plan. The forest harvesting plan is a plan drawn to scale showing the regulated environmental features, the areas to be harvested, staging areas, proposed stream crossings, and the forest harvesting methods proposed for each area to be harvested.</text>
    </level>
  </level>
  <level label="e">
    <text>Commercial Forest Harvesting on Properties without a Previously Approved TCP</text>
    <level label="1">
      <text>If forest harvesting is proposed on a site without a previously approved TCP, a Numbered Letter of Exemption shall be issued by the Planning Director prior to the issuance of the forest harvesting permit by the County permitting authority.</text>
    </level>
    <level label="2">
      <text>A Forest Management Plan prepared by a licensed forester shall be submitted with the application for a Numbered Exemption.</text>
    </level>
    <level label="3">
      <text>A forest harvesting permit shall be obtained from the County permitting authority prior to the commencement of the harvesting operation. The permit application shall include an approved forest harvest plan and an approved erosion and sediment control plan. The forest harvesting plan is a plan drawn to scale showing the regulated environmental features, the areas to be harvested, staging areas, proposed stream crossings, and the forest harvesting methods proposed for each area to be harvested.</text>
    </level>
    <level label="4">
      <text>If a forest harvesting permit is issued for a property with an approved NRI or FSD, the NRI or FSD must be revised prior to the submittal of any subsequent DRD and grading permit applications to reflect the harvested area and the current condition of the woodlands remaining.</text>
    </level>
  </level>
</section>
