Rules adopted under this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A.

3.__Chemical pesticide use.__The plan must avoid activities that create an increased likelihood of severe insect, disease or brush problems.__The plan must include a presumption against chemical pesticide use pursuant to Title 22, section 1471-X, which establishes a policy to minimize reliance on pesticides.

4.__Forest management concerns.__The plan must be consistent with other minimum management standards, benchmarks or best management practices established by a state-authorized board, committee, council or agency concerning roads, trails, deer yards, riparian zones, yards or other forest management concerns.

5.__Certified.__The plan must be prepared by a licensed professional or a landowner and be reviewed and certified by a licensed professional forester as consistent with this section and with sound silvicultural practices.

6.__Subdivision.__If any land to which a forest management and harvest plan applies is subdivided, a new plan that meets the requirements of this section must be created for the separate parcels within one year.

7.__Reclassification.__The tax assessor shall consider all forest harvesting that does not meet the basic silvicultural requirements as determined by the Maine Forest Service under Title 12, section 8004 to be inconsistent with long-term forest management and the intent of this chapter and shall follow the procedures under section 581 to withdraw the parcel or portion of the parcel from tree growth classification and assess penalties.__ Land withdrawn from the program due to noncompliance will not qualify for reentry into the program for at least 5 years.

SUMMARY

This bill establishes specific criteria for forest management plans that are necessary to qualify for tree growth classification under the Maine Tree Growth Tax Law. These criteria are consistent with the purpose of the Maine Tree Growth Tax Law of taxing all forest lands according to their