LD 1305
pg. 3
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LR 1758
Item 1

 
(ii)__Statutory or governmental restrictions
that prevent commercial harvesting of trees
or require a primary use of the land other
than commercial harvesting;

 
(iii)__Deed restrictions, restrictive
covenants or organizational charters that
prevent commercial harvesting of trees or
require a primary use of land other than
commercial harvesting and that were effective
prior to January 1, 1982;__or

 
(iv)__Past or present multiple use for
mineral exploration.

 
(c)__"Forest products that have commercial value"
means logs, pulpwood, veneer, bolt wood, wood
chips, stud wood, poles, pilings, biomass, fuel
wood, Christmas trees, maple syrup, nursery
products used for ornamental purposes, wreaths,
bough material or cones or other seed products.

 
(d)__"Sustainably managed" means:

 
(i)__A forest management and harvest plan, as
defined in section 573, subsection 3-A, has
been prepared for the eligible timberlands
and has been in effect for the entire time
period used to compute the amount of the
subtraction modification under this
paragraph; and

 
(ii)__The taxpayer has received a written
statement from a licensed forester certifying
that, as of the time of the sale, the
eligible timberlands have been managed in
accordance with the plan under subdivision
(i) during that period.

 
(2)__To the extent they are included in the taxpayer's
federal adjusted gross income, the following amounts
must be subtracted from federal adjusted gross income:

 
(a) For eligible timberlands held by the taxpayer
for at least a 10-year period__beginning on or
after January 1, 2005 but less than an 11-year
period beginning on or after January 1, 2005, 1/15
of the gain recognized on the sale of the eligible
timberlands;


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