Summary of Forest Policy Statements in Existing Maine Statutes and Resolutions (Through the Second Regular Session of the 118th Legislature, Spring, 1998)

Compiled by David B. Field, Department of Forest Management, University of Maine, Orono, Maine

I. Policy Statements in Statutes

5 MRSA 312:3311 (State Register of Critical Areas) "The Legislature finds that the State has an overriding interest in the optimum development and preservation of sites or areas of unusual natural, scenic or scientific significance....the best ways to accomplish the objectives cited in this section are through continued implementation of the state's land use laws which guide and control development in all areas of the State, including those areas listed in the statewide inventory and through voluntary conservation efforts by landowners....The Legislature further finds that species of native plants are important for human enjoyment, for scientific purposes and as components of their ecosystems for the benefit of the people of this State. Native species of plants within this State and the nation that are reduced in number shall be identified as endangered or threatened so as to encourage their protection and to maintain and enhance their numbers."

5 MRSA 506:6200 (Land for Maine's Future Board) "The Legislature finds that Maine is blessed with an abundance of natural resources unique to the northeastern United States; that these natural resources provide Maine residents with an unparalleled diversity of outdoor recreation opportunities during all seasons of the year and a quality of life unmatched in this nation; that the continued availability of public access to these recreation opportunities and the protection of the scenic and natural environment are essential for preserving the State's high quality of life; that public acquisition programs have not kept pace with the State's expanding population and changing land use patterns so that Maine ranks low among the states in publicly owned land as a percentage of total state area; that rising land values are putting the State's real estate in shoreland and resort areas out of reach to most Maine citizens and that sensitive lands and resources of statewide significance are currently not well protected and are threatened by the rapid pace of development; and that public interest in the future quality and availability for all Maine people of lands for recreation and conservation is best served by significant additions of lands to the public domain.

5 MRSA 220:1832 (Access to nonreserved public lands) "The Legislature declares that it is the policy of the State that full and free public access to the nonreserved public lands to the extent permitted by law, together with the rights to reasonable use of those lands, is the privilege of every citizen of the State. The Legislature further declares that it recognizes that such free and reasonable public access may be restricted to ensure the optimum value of such lands but that such restrictions, if and when imposed, must be in strict accordance with the requirements set out in this section."

5 MRSA 220:1846 (Access to public reserved lands) "The Legislature declares that it is the policy of the State to keep the public reserved lands as a public trust and that full and free public access to the public reserved lands to the extent permitted by law, together with the rights to reasonable use of those lands, is the privilege of every citizen of the State. The Legislature further declares that it recognizes that such free and reasonable public access may be restricted to ensure the optimum value of such lands as a public trust but that such restrictions, if and when imposed, must be in strict accordance with the requirements set out in this section.

7 MRSA 103:603 (Maine Pesticide Control Act) "The purpose of this subchapter is to regulate in the public interest, the labeling, distribution, storage, transportation, use and disposal of pesticides as hereinafter defined. The Legislature hereby finds that pesticides are valuable to our State's agricultural production and to the protection of man and the environment from insects, rodents, weeds and other forms of life which may be pests; but it is essential to the public health and welfare that they be regulated to prevent adverse effects on human life and the environment. New pesticides are continually being discovered or synthesized which are valuable to the control of pests and for use as defoliants, desiccants, plant regulators and related purposes. The dissemination of accurate scientific information as to the proper use of any pesticide is vital to the public health and welfare and the environment, both immediate and future. Therefore, it is deemed necessary to provide for regulation of such pesticides."

12 MRSA 200:401 (Maine's Rivers) "The Legislature finds...that the best interests of the state's people are served by a policy which recognizes the importance that their rivers and streams have for meeting portions of several public needs, provides guidance for striking a balance among the various uses which affords the public maximum benefit and seeks harmony rather than conflict among these uses."

12 MRSA 200:402 (Maine's Rivers) "In its role as trustee of the public waters, the Legislature declares that the well-being of the citizens of this State depends on striking a carefully considered and well-reasoned balance among the competing uses of the state's rivers and streams. Further, the Legislature declares that such a balance shall:

1. Restoration of water. Restore waters to a condition clean enough to allow fishing and swimming in all our rivers and streams;

2. Revitalization of waterfronts. Revitalize waterfronts and ports;

3. Maintenance of scenic beauty. Maintain, even in areas where development occurs, the scenic beauty and character of our rivers;

4. Interest of riparian owners. Recognize and respect the rightful interests of riparian owners;

5. Increase hydroelectric power. Increase the hydroelectric power available to replace foreign oil in the State;

6. Hydropower development. Streamline procedures to facilitate hydropower development under reasoned environmental, technical and public safety constraints;

7. Fisheries. Restore anadromous fisheries and improve the productivity of inland fisheries;

8. Recreation. Expand the opportunities for outdoor recreation; and

9. Outstanding river stretches. Protect the special resource values of the flowing waters and shorelands of the State's most outstanding river stretches, as identified by the Department of Conservation's 1982 Maine Rivers Study and as specifically delineated in this chapter.

Further, the Legislature finds that with careful planning our foreseeable needs for all of these uses may be reasonably integrated harmoniously with one another on the state's 32,000 miles of rivers and streams."

12 MRSA 202-B:585 (Management of the Public Reserved Lands) " The Legislature finds that:

A. It is in the public interest and for the general benefit of the people of this State that title, possession and the responsibility for the management of the public reserved lands contained within the unincorporated areas of the State be vested and established in an agent of the State acting on behalf of all of the people of the State.

B. It is in the public interest that the public reserved lands be managed under the principles of multiple use to produce a sustained yield of products and services and that this management should be effected by the use of both prudent business practices and the principles of sound planning; and

C. It is in the public interest that the lands be managed to demonstrate exemplary land management practices, including silvicultural wildlife and recreational management practices, as a demonstration of state policies governing management of forested and related types of lands."

12 MRSA 206:661 (Allagash Wilderness Waterway) Declaration of policy. Whereas the preservation, protection and development of the natural scenic beauty and the unique character of our waterways, wildlife habitats and wilderness recreational resources for this generation and all succeeding generations; the prevention of erosion, droughts, freshets and the filling up of waters; and the promotion of peace, health, morals and general welfare of the public is the concern of the people of this State , the Legislature declares it to be in the public interest, for the public benefit and for the good order of the people of this State to establish an area known as the Allagash Wilderness Waterway.

12 MRSA 206-A:681 (Use Regulation) " The Legislature finds that it is desirable to extend principles of sound planning, zoning and subdivision control to the unorganized and deorganized townships of the State: To preserve public health, safety and general welfare; to prevent inappropriate residential, recreational, commercial and industrial uses detrimental to the proper use or value of these areas; to prevent the intermixing of incompatible industrial, commercial, residential and recreational activities; to provide for appropriate residential, recreational, commercial and industrial uses; to prevent the development in these areas of substandard structures or structures located unduly proximate to waters or roads; to prevent the despoilation, pollution and inappropriate use of the waters in these areas; and to preserve ecological and natural values.

In addition, the Legislature declares it to be in the public interest, for the public benefit and for the good order of the people of this State, to encourage the well planned and well managed multiple use of land and resources and to encourage the appropriate use of these lands by the residents of Maine and visitors, in pursuit of outdoor recreation activities, including, but not limited to, hunting, fishing, boating, hiking and camping."

12 MRSA 206-A:685-A (Land Use Districts and Standards)

"5. Considerations, applications and exemptions. No land use standard shall deprive any owner or lessee or subsequent owner or lessee of any interest in real estate of the use to which it is lawfully devoted at the time of adoption of said standard. Year-round and seasonal single residences and operating farms in existence and use as of September 23, 1971, while so used, and new accessory buildings or structures or renovation of such buildings or structures which are or may be necessary to the satisfactory and comfortable continuation of these residential and farm uses shall be exempt from the requirements of section 685-B, subsection 1.

Land use standards adopted pursuant to this chapter for management districts shall in no way limit the right, method or manner of cutting or removing timber or crops, the construction and maintenance of hauling roads, the operation of machinery or the erection of buildings and other structures used primarily for agricultural or commercial forest product purposes, including tree farms. Notwithstanding this subsection, a permit from the commission shall be required for roads covering a ground area of 3 acres or more constructed in management districts, unless those roads are constructed and maintained in accordance with the guidelines of the commission's Land Use Handbook, Section 6, "Erosion Control on Logging Jobs," or as revised. The commission may require a person constructing a road to notify the commission of the location of the road within 21 days.

In adopting district boundaries and land use standards, the commission shall give consideration to public and private planning reports and other data available to it, and shall give weight to existing uses of land and to any reasonable plan of its owner as to its future use."

12 MRSA 428:5011 (Department of Conservation) " There is created and established the Department of Conservation to preserve, protect and enhance the land resources of the State of Maine; to encourage the wise use of the scenic, mineral and forest resources of the State of Maine, and to ensure that coordinated planning for the future allocation of lands for recreational, forest production, mining and other public and private uses is effectively accomplished; and to provide for the effective management of public lands in the State of Maine."

12 MRSA 713:7751 (Endangered Species) " The Legislature finds that various species of fish or wildlife have been and are in danger of being rendered extinct within the State of Maine, and that these species are of esthetic, ecological, educational, historical, recreational and scientific value to the people of the State. The Legislature, therefore, declares that it is the policy of the State to conserve, by according such protection as is necessary to maintain and enhance their numbers, all species of fish or wildlife found in the State, as well as the ecosystems upon which they depend."

12 MRSA 803:8422 (Spruce Budworm) " The Legislature declares that it shall be the policy of the State to undertake a spruce budworm management program to minimize the short-term and long-term impacts of spruce budworm insect infestations upon the state's spruce and fir forests in accordance with the following policy objectives:

1. Supply of wood. The protection of an adequate present and future supply of wood to support the long-term economic needs of the State and of its forest products industries;

2. Development of program. The development and utilization in both the public and private sectors of forest protection and management programs which are cost-effective, biologically sound and responsive to the environmental and health concerns of the public;

3. Reduction in use of insecticides. The reduction in reliance upon the use of chemical insecticides in spruce budworm suppression programs;

4. Private efforts; pest management. The encouragement of private efforts to undertake a variety of integrated pest management techniques which result in a long-term reduction in the susceptibility of the state's forests to spruce budworm infestation and loss;

5. Implementation. The implementation of equitable methods for determining private and public participation in, and financing of, spruce budworm suppression and prevention programs, including provision for voluntary participation in future insecticide spray projects;

6. Regulatory review. The provision for adequate regulatory review of insecticide spray projects by an independent state agency; and

7. Assistance programs. The provision of management and utilization assistance programs for small forest landowners designed to minimize impacts of spruce budworm infestation and loss."

22 MRSA 258-A:147-A. (Pesticides Control) " For the purpose of assuring to the public the benefits to be derived from the safe, scientific and proper use of chemical pesticides while safeguarding the public health, safety and welfare, and for the further purpose of protecting natural resources of the State, it is declared to be the policy of the State of Maine to regulate the sale and application of chemical insecticides, fungicides, herbicides and other chemical pesticides, and to regulate the return and disposal of limited and restricted use pesticide containers."

30-A MRSA 187:4312. (Comprehensive Planning and Land Use Regulation--Growth Management) "1. Legislative findings. The Legislature finds that:

A. The natural resources of the State, including its forests, agricultural lands, wetlands, waters, fisheries, wildlife, minerals and other related resources, are the underpinnings of the State's economy;

B. These same natural resources and traditional patterns of development have defined the quality of life which the citizens of the State treasure and seek to protect;

C. The pace of land speculation and development has accelerated and outstripped the capacity of the State and municipalities to manage this growth under existing state and local laws;

D. This unplanned growth threatens the integrity of the State's natural resource base, the ability of local and State Government to provide necessary public services, the affordability of decent housing, the long-term economic viability of the State's economy and the quality of life presently enjoyed by Maine's citizens;

E. The most effective land use planning can only occur at the local level of government and comprehensive plans and land use ordinances developed and implemented at the local level are the key in planning for Maine's future;

F. Continued application of the current reactive, case-by-case system of land use regulation is detrimental to the public health, safety and welfare;

G. The State must take appropriate measures to protect and manage certain areas and natural resources which are of statewide significance and concern; and

H. The State has a vital interest in ensuring that a comprehensive system of land use planning and growth management is established as quickly as possible which, while building on the strong foundation of local land use planning, also protects unique aspects of the State's heritage and environment, encourages appropriate uses of the State's natural resources, guides sound economic development and ensures prosperity for Maine Citizens in all regions of the State.

2. Legislative purpose. The Legislature declares that it is the purpose of this Act to:

A. Establish, in each municipality of the State, local comprehensive planning and land use management according to the schedule contained in this subchapter and consistent with the goals and policies of the State;

B. Provide municipalities with the tools and resources to effectively plan for and manage future development within their jurisdictions with a maximum of local initiative and flexibility;

C. Encourage, through state and regional technical and financial assistance and review, local land use ordinances, tools and policies that are based on local comprehensive plans that are prospective and inclusive of all matters determined by the Legislature to be in the best interests of the State;

D. Incorporate regional considerations into local planning and decision making so as to ensure consideration of regional needs and the regional impact of development;

E. Create a strong partnership between State Government and local government, while clarifying the respective roles of each, to improve land use planning and management;

F. Provide for continued direct state regulation of development proposals that occur in areas of statewide concern, that directly impact natural resources of statewide significance or that by their scale or nature otherwise affect vital state interests;

G. Encourage the widest possible involvement by the citizens of each municipality in all aspects of the planning and implementation process, in order to ensure that the plans developed by municipalities and reviewed by the State have had the benefit of citizen input; and

H. Assure predictable, timely and cost-effective land use decision making that is coordinated and consistent between State Government and local governments and that minimizes unnecessary duplication.

3. State goals. The Legislature hereby establishes a set of state goals to provide overall direction and consistency to the planning and regulatory actions of all state and municipal agencies affecting natural resource management, land use and development. The Legislature declares that, in order to promote and protect the health, safety and welfare of the citizens of the State, it is in the best interests of the State to achieve the following goals:

A. To encourage orderly growth and development in appropriate areas of each community, while protecting the State's rural character, making efficient use of public services and preventing development sprawl;

B. To plan for, finance and develop an efficient system of public facilities and services to accommodate anticipated growth and economic development;

C. To promote an economic climate which increases job opportunities and overall economic well-being;

D. To encourage and promote affordable, decent housing opportunities for all Maine citizens;

E. To protect the quality and manage the quantity of the State's water resources, including lakes, aquifers, great ponds, estuaries, rivers and coastal areas;

F. To protect the State's other critical natural resources, including without limitation, wetlands, wildlife and fisheries habitat, sand dunes, shorelands, scenic vistas and unique natural areas;

G. To protect the State's marine resources industry, ports and harbors, from incompatible development and to promote access to the shore for commercial fishermen and the public;

H. To safeguard the State's agricultural and forest resources from development which threatens those resources;

I. To preserve the State's historic and archeological resources; and

J. To promote and protect the availability of outdoor recreation opportunities for all Maine citizens, including access to surface waters."

32 MRSA 75:5001 (Forester Licensing) " It is the purpose of this chapter to protect the public by improving the standards relative to the practice of forestry; to protect the public from unqualified practitioners; and to help insure the proper management of the forest resources of the State."

36 MRSA 105:563 ("Chase Law") "It is declared to be the public policy of the State, by which all officials of the State and of its municipal subdivisions are to be guided in the performance of their official duties, to encourage by the maintenance of adequate incentive the operation of all forest lands on a sustained yield basis by their owners, and to establish and maintain uniformity in methods of assessment for purposes of taxation according to the productivity of the land, giving due weight in the determination of iassessed value; to location and public facilities as factors contributing to advantage in operation."

36 MRSA 105:571 (Tree Growth Tax Law) " It has for many years been the declared public policy of the State of Maine, as stated in sections 563 and 564 to tax all forest lands according to their productivity and thereby to encourage their operation on a sustained yield basis. However, the present system of ad valorem taxation does not always accomplish that objective. It has caused inadequate taxation of some forest lands and excessive taxation and forfeiture of other forest lands.

It is declared to be the public policy of this State that the public interest would be best served by encouraging forest landowners to retain and improve their holdings of forest lands upon the tax rolls of the State and to promote better forest management by appropriate tax measures in order to protect this unique economic and recreational resource.

This subchapter implements the 1970 amendment of Section 8 of Article IX of the Maine Constitution providing for valuation of timberland and woodlands according to their current use by means of a classification and averaging system designed to provide efficient administration.

Therefore, this subchapter is enacted for the purpose of taxing forest lands generally suitable for the planting, culture and continuous growth of forest products on the basis of their potential for annual wood production in accordance with the following provisions."

36 MRSA 105:1101 (Farm and Open Space Tax Law) " It is declared that it is in the public interest to encourage the preservation of farmland and open space land in order to maintain a readily available source of food and farm products close to the metropolitan areas of the State to conserve the State's natural resources and to provide for the welfare and happiness of the inhabitants of the State, that it is in the public interest to prevent the forced conversion of farmland and open space land to more intensive uses as the result of economic pressures caused by the assessment thereof for purposes of property taxation at values incompatible with their preservation as such farmland and open space land, and that the necessity in the public interest of the enactment of this subchapter is a matter of legislative determination."

36 MRSA 367:2721 (Commercial Forestry Excise Tax) " The Legislature finds that engaging in commercial forestry is a privilege that results in costs as well as benefits to the State and that persons enjoying that privilege should be subject to the tax imposed by this chapter.

The Legislature further finds that the persons owning 500 acres or more of forest land are typically engaged in commercial forest activity. Historically, that amount of land has been used for administrative efficiency and to delineate the amount of land indicative of management for commercial activity, especially for purposes of the Maine Tree Growth Tax Law and the spruce budworm tax. The activity of growing commercially valuable trees is one which occupies a very long cycle. It is not uncommon that 40 years must pass between the planting of a seedling and the time when the tree will be harvested for commercial use. During that interim, it may at times be difficult to discern any obvious commercial activity taking place on the land. In many instances, the best accepted commercial practice with regard to that forest land is to do nothing other than to allow the trees to follow the natural course of maturation. Experience has shown that it is almost inevitable that a large amount of land containing commercially valuable trees will at some point be harvested for commercial purposes. Owners of such large amounts of land will receive the financial benefit of commercial activity either through the sale of the forest product or through the increased value that the forest product adds to the land when the land is transferred."

38 MRSA 480-A. (Protection of Natural Resources) " The Legislature finds and declares that the State's rivers and streams, great ponds, fragile mountain areas, freshwater wetlands, significant wildlife habitat, coastal wetlands and coastal sand dunes systems are resources of state significance. These resources have great scenic beauty and unique characteristics, unsurpassed recreational, cultural, historical and environmental value of present and future benefit to the citizens of the State and that uses are causing the rapid degradation and, in some cases, the destruction of these critical resources, producing significant adverse economic and environmental impacts and threatening the health, safety and general welfare of the citizens of the State.

The Legislature further finds and declares that there is a need to facilitate research, develop management programs and establish sound environmental standards that will prevent the degradation of and encourage the enhancement of these resources. It is the intention of the Legislature that existing programs related to Maine's rivers and streams, great ponds, fragile mountain areas, freshwater wetlands, significant wildlife habitat, coastal wetlands and sand dunes systems continue and that the Department of Environmental Protection provide coordination and vigorous leadership to develop programs to achieve the purposes of this article. The well-being of the citizens of this State requires the development and maintenance of an efficient system of administering this article to minimize delays and difficulties in evaluating alterations of these resource areas.

The Legislature further finds and declares that the cumulative effect of frequent minor alterations and occasional major alterations of these resources poses a substantial threat to the environment and economy of the State and its quality of life."

38 MRSA 3:481. (Site Location of Development) " The Legislature finds that the economic and social well-being of the citizens of the State of Maine depends upon the location of state, municipal, quasi-municipal, educational, charitable, commercial and industrial developments with respect to the natural environment of the State; that many developments because of their size and nature are capable of causing irreparable damage to the people and the environment on the development sites and in their surroundings; that the location of such developments is too important to be left only to the determination of the owners of such developments; and that discretion must be vested in state authority to regulate the location of developments which may substantially affect the environment and quality of life in Maine.

The Legislature further finds that certain geological formations particularly sand and gravel deposits, contain large amounts of high quality ground water. The ground water in these formations is an important public and private resource, for drinking water supplies and other industrial, commercial and agricultural uses. The ground water in these formations is particularly susceptible to injury from pollutants, and once polluted may not recover for hundreds of years. It is the intent of the Legislature, that activities that discharge or may discharge pollutants to ground water may not be located on these formations.

The purpose of this subchapter is to provide a flexible and practical means by which the State, acting through the department, in consultation with appropriate state agencies, may exercise the police power of the State to control the location of those developments substantially affecting local environment in order to insure that such developments will be located in a manner which will have a minimal adverse impact on the natural environment within the development sites and of their surroundings and protect the health, safety and general welfare of the people.

The Legislature further finds that noise generated at development sites has primarily a geographically restricted and frequently transient impact that is best regulated at the municipal level pursuant to a municipality's economic development and land use plans. It is the intent of the Legislature that regulation of noise from developments be primarily the responsibility of local municipal governments. "

38 MRSA 20:1841. (Protection of Maine Lakes) " Maine's great ponds are an important element of the State's economy and traditional way of life. Their abundance and relatively high water quality are precious resources in light of the growing inadequacy of water supplies and the deterioration of natural settings and habitat in many other states. The use of great ponds as a source for drinking water, recreation and power production is vital to the State.

To protect the public trust, the State's great ponds must be protected from degradation. They must be managed according to watershed boundaries, while a diversity of lake setting types within each region of the State is maintained. Potable water from the State's great ponds should require minimal treatment.

A primary goal of the protection of the State's great ponds is to ensure that consistent land use management policies and regulations are applied throughout the direct watershed of each great pond.

The State's goals in managing the surface uses of great ponds are to avoid or minimize conflicts among recreational users, energy producers, shoreland owners and other users; maintain traditional water-dependent businesses; and ensure that the intensity of use allowed on a great pond is in keeping with its capacity to accommodate that use."

II. Policy Statements in Legislative Resolutions

LD 1764 (1994) (An Act to Preserve Productive Forests)

Whereas, healthy forest ecosystems are vital to the people of the State in order to provide for ecologically and economically sustainable yields of wood fiber, clean water and air, productive soils, flood control, recreational opportunities, wildlife habitat and biological diversity of native species; and

Whereas, current forest management practices within state wildlands are destructive to healthy forest ecosystems and are not economically sustainable; and

Whereas, tens of thousands of acres of forest in state wildlands are clear-cut every year; and

Whereas, inventories of forest resources in the State show that important tree species are in decline, jeopardizing forest productivity; and

Whereas, clear-cutting and other even-aged forest management practices are destructive to healthy forest ecosystems because these practices result in large, unnatural disturbaqnces, impair ecological habitat and diversity, lower forest resistance to fire, wind, insect and disease infestations, and promote even-aged forest stands with a predominance of short-lived tree species; and

Whereas, the establishment of minimum forest management standards is necessary to restore, protect, and promote healthy forest ecosystems in state wildlands; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. Evaluation of forest practices. The Department of Conservation shall evaluate the implementation of the Maine Revised Statutes, Title 12, chapter 805, subchapter III-A and the forest harvest regulations adopted pursuant to Title 12, section 8869 and conduct an assessment of pressures on the State's forest resources. That evaluation and assessment must include:...

LD 1963 (1994) (Resolve, to Enhance the Development of Alternative Uses of Maine Agriculture and Forestry Products)

Whereas, developing ways to market agricultural products in forms other than food, feed or traditional forest or fiber products would provide valuable economic opportunities for farmers in this State; and...

LD 1996 (1994) (Resolve to Establish a Commission on the Future of Maine's Paper Industry)

Whereas, the paper industry has served as a mainstay of the State's economy for over 100 years, directly of indirectly providing vital employment to thousands of families in the State; and

Whereas, the health of the paper industry nationally is in doubt and recent production declines within the State have brought into question the industry's long-term ability to remain a major part of the State's economy; and

Whereas, these developments threaten the paper industry's historic role as a major employer in the State, creating the potential for a devastating ripple effect throughout the State's economy; and

Whereas, the continued healthy and vitality of the paper industry in the State is an issue of vital concern to the entire State and deserving of immediate study to determine what problems the industry is facing and what, if any, actions the State may take to assist the industry; and...

LD 1892 (1996) (Resolution Proposing a Competing Measure Under the Constitution of Maine to Implement the Compact for Maine's Forests)

"The Legislature finds that forest management, when practiced in accordance with environmentally sound silvicultural principles, constitutes a beneficial and desirable use of the State's forest resource and makes vital contributions to the economy, environment and aesthetic features of the State. The tradition of using the forest resource for the production of forest products and related commercial activities, for recreation and for sustenance of the State's fisheries and wildlife is essential to the favorable quality of life in the State."

"The Legislature finds that timber harvesting is a traditional and legitimate use of the State's lands. The Legislature finds further that it is vital to the welfare of the State that any law, rule or ordinance enacted to regulate this activity seek a lawful balance between the constitutional rights of all private property owners affected by the regulation or activity and the interests of the citizens of the State to protect public health, safety and welfare."

"The Legislature finds that certain forest lands in the State have been subjected to the practice of timber liquidation harvesting. The act of timber liquidation harvesting, defined as excessive timber harvesting on lands held for less than 10 years, is inconsistent with accepted silvicultural and forest stewardship principles shared by the State and its private forest landowners. Ensuring a sustainable forest resource for the State requires the objective of severely restricting timber liquidation activities in the State. While the regulatory changes introduced by this Resolution will impact and reduce timber liquidation in the State, additional policies will be required to achieve the objective of severely restricting this activity."