E.__"Timber harvesting" means the cutting or removal of timber for the primary purpose of selling or processing forest products.

2.__Prohibitions.__The following acts are prohibited.

A.__A landowner or landowner representative who authorizes timber harvesting or a harvester who in fact harvests timber shall clearly mark with flagging or other temporary and visible means any established property lines that are within 200 feet of the area to be harvested.__The marking of property lines must be completed prior to commencing timber harvesting. A person who fails to mark property lines in accordance with this paragraph commits a civil violation for which a fine of not less than $250 nor more than $1,000 may be adjudged.

B.__A landowner, landowner representative or harvester who authorizes the__timber harvesting or in fact harvests a line tree without first obtaining permission from the abutting landowner commits a civil violation for which a fine of not less than $250 nor more than $1,000 may be adjudged.

3.__Exemptions.__The following are exempt from this section:

A.__The Department of Transportation in the performance of activities under Title 23, section 701;

B.__Public utilities engaged in maintaining adequate facilities in compliance with Title 35-A, section 301;

C.__Municipal employees, persons contracting with a municipality or other legitimate agents of a municipality acting within the course and scope of their employment or performing volunteer work for the municipality by removing trees obstructing a public way or fallen trees or in emergencies; and

D.__Timber harvesting performed on a parcel of land that is 5 acres or less.