The Massachusetts Forest Cutting Practices Act was created to ensure the long-term public benefits provided by forests. The Forest Cutting Practices Act (FCPA) states that public welfare requires the rehabilitation, maintenance, and protection of forestlands for the purposes of conserving water, preventing floods and soil erosion, improving conditions for wildlife and recreation, and insuring a continuous supply of wood.
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Forest Cutting Practices Act
Table of Contents
What is Forest Cutting Practices Act?
The FCPA protects the benefits of forests through a permitting process. Applicable to timber harvesting on both public and private forestland, the FCPA regulates any commercial timber cutting of wood products greater than 25 thousand board feet or 50 cords on any parcel of land at any one time. Activities exempt under the FCPA include harvesting for:
- rights-of-way for public utilities and public highways
- cultivation, pasture or pasture maintenance
- non-commercial use of the landowner or tenant
- changing land use, such as the creation of a house lot, a subdivision or for mining gravel or for any other activity requiring town or city permits
- small commercial harvests (however, a cutting plan may be filed to gain exemption to M.G.L. Ch. 131 the Wetlands Protection Act if wetland resources are involved)
If an activity is not exempt, the FCPA requires filing a Forest Cutting Plan with the Department of Conservation and Recreation (DCR) and the local conservation commission at least ten business days before the proposed start date.
Preparing a Forest Cutting Plan
As mentioned above, if an activity is not exempt, the FCPA requires filing a Forest Cutting Plan with the DCR and your local conservation commission at least ten business days before the proposed start date.
The landowner or agent must also prepare the Notice of Intent to Abutters form , which must be sent to abutters of record whose boundaries are within 200 feet of the cutting area. The purpose of the Notice of Intent to Abutters is to provide an opportunity for landowners to determine if boundary lines have been accurately marked; it is not intended as an opportunity for comment on the operation itself. For more information CH 132 A Reference Guide for Abutters
The Forest Cutting Plan includes information such as: landowner name and address, property location, Best Management Practices used for stream and wetland crossings, harvesting in wetlands, type of cutting being proposed for the property, and the volume of products to be harvested. At least two maps need to be included as a part of the Forest Cutting Plan.
The first is a detailed site map which shows the location of: wetland resources, main skid roads, landings, property lines, and the areas to be harvested.
The second map is a locus map with property boundaries outlined to show its general location.
Additional Resources for Preparing a Forest Cutting Plan
Processing a Forest Cutting Plan
Once a properly prepared Forest Cutting Plan is received by DCR, the local Service Forester has ten business days to review the proposed plan for compliance. During this time a second copy of the cutting plan is also sent by the applicant to the local Conservation Commission. The Conservation Commission has 10 business days to review the plan and provide comments to the DCR Service Forester.
The Service Foresters conduct a field review of the wetland mapping, ensure that Best Management Practices are correctly identified to protect water resources, and that the standards for forest regeneration are being met. A Service Forester also compares the proposed plan to the most recent copy of the , if the proposed harvest within Priority Habitat, DCR staff will forward the Forest Cutting Plan to the NHESP for review. After a site visit and cutting plan review, the Service Forester may approve the plan, ask for further clarification or information, or disapprove the plan.
Additional Resources for Processing a Forest Cutting Plan
Who Can Prepare a Forest Cutting Plan?
Foresters can serve as “woodland architects,” helping landowners develop goals and understand available options for their woods. Foresters outline alternatives based on the landowner’s goals for the property—timber management for income, wildlife habitat enhancement, recreational trails, or a mix of these benefits—and draw up plans to achieve those goals.
There are two types of private foresters: consulting foresters and industrial foresters. Consulting foresters generally work independently or in small firms and are paid directly by the landowner. Industrial foresters are private foresters employed by a sawmill or other woodusing industry.
If the property is classified in a current use program (Ch61, Ch61A, Ch61B) then the Forest Cutting Plan must be prepared by a Massachusetts licensed forester or by the landowner.
Foresters and the Care of Your Land
For a list of foresters working in a particular Massachusetts town visit http://masswoods.net/, a website maintained by UMass Extension.
A logger must hold a Timber Harvester License in Massachusetts. Timber harvesters are in the business of cutting down trees, cutting them into logs, removing the logs from the woods to the roadside, and transporting the logs to the sawmill. The logger is like the “builder” and may be involved with the implementation of the forester’s plan or “blueprint” if timber harvesting is involved. If the land is not classified in a current use program (Ch61, Ch61A, Ch61B) then a Massachusetts Timber Harvester may prepare a forest cutting plan for a landowner.
Landowners in Massachusetts have the right to prepare their own Forest Cutting Plan. Typically only those landowners who are very involved in the management of their land and have some familiarity with the FCPA file their own plans.
The Filing of a Cutting Plan not only helps the private landowner by achieving a better job through planning but also helps ensure the continued public benefits of our state's forests, by protecting our wetlands and water resources, mitigating or eliminating potential impacts on Rare and Endangered Species, and regenerating our forests. All rules and regulations of the FCPA are minimum standards and many landowners chose to also implement additional environmental or aesthetic protection through the use of a strong timber sale contract.
FAQs and More Information
FAQs for Landowners
How long is a cutting plan valid?
Answer: A Forest Cutting Plan is valid for two years from the date received with the opportunity for 2, 1-year extensions
FAQs for Conservation Commissions
What are the responsibilities of a Conservation Commission when they receive a Forest Cutting Plan (FCP)?
Answer: Once a FCP is received, a Conservation Commission is allotted 10 business days to review and comment on the FCP. The Conservation Commission should review the submitted FCP and notify the appropriate DCR Service Forester if any of the following should occur:
- Resource Areas appear to be inaccurately identified
- The limits of cutting or property boundaries are unclear
- Wetland or stream crossings are not depicted or depicted inaccurately
- The submitted FCP appears to allow for or sanction explicit or implicit change in land use from forest to some other use.
- The Conservation Commission should notify the appropriate DCR Service Forester if any of the above should occur. All final decisions relative to the approval or disapproval of a Forest Cutting Plan will be made by a DCR Service Forester.
Can a Conservation Commission comment on a Forest Cutting Plan or timber harvest while the operation is active?
Answer: At any point a FCP is active, the Conservation Commission can and should direct any questions or concerns regarding the FCP and associated timber harvest to their regional DCR Service Forester.
Should the Conservation Commission be reviewing a Forest Cutting Plan (FCP) in the field?
Answer: The submission of a forest cutting plan does not give permission to a Conservation Commission to enter an applicant’s property. DCR Service Foresters conduct field inspections of FCP’s prior to determination to ensure accuracy and regulatory compliance. The Service Forester may inspect the harvest area at any time while the FCP is valid. If requested, Conservation Commission agents can arrange an office meeting, or field meeting with prior landowner permission, with the Service Forester to review resource area boundaries and forest cutting activities.
What happens if the Conservation Commission receives a Forest Cutting Plan (FCP), but has not had a chance to review the FCP before approval by DCR?
Answer: Ideally, both DCR and the local Conservation Commission should receive the FCP at the same time. Once received, each party is allotted 10 business days to review a FCP. If the Conservation Commission meets irregularly and there are concerns over a plan that has already been approved by DCR, the Conservation Commission should contact their DCR Service Forester.
Answer: If a Conservation Commission did not receive a copy of the initial filing, they should contact their regional Service Forester. If the plan preparer cannot show proof of mailing, then the operation may be halted until the Conservation Commission is given their 10 business day review period.
Who can I contact if I have questions or concerns regarding a Forest Cutting Plan (FCP)?
Answer: Conservation Commissions should contact their regional DCR Service Forester if any questions or concerns arise regarding a FCP. The Service Forester’s contact information is provided on DCR’s website.
Answer: Questions or concerns from town residents may be forwarded to the DCR Service Forester as well.
Answer: Contact information can also be found on the orange FCP Certificate which should be clearly posted outside any active DCR approved timber harvest.
For more FAQs, see attachment below