302 CMR 16.07 - Guidelines

Although the following practices are not mandatory under M.G.L. c. 132, §§ 40 through 46, their adoption is strongly recommended because they will benefit both the landowner and the public. If any of these practices are made part of an approved forest cutting plan, they become legal requirements.

(1) Wildlife Habitat Protection. Wildlife of various kinds have special habitat requirements. The harvesting of trees creates changes which may benefit some species and harm others. Silvicultural systems may be designed to improve habitat conditions for some species or to protect habitat. Landowners seeking specific information of species habitat requirements can refer to the document: "Forest Wildlife of Massachusetts" by DeGraaf and Richards, available through the Cooperative Extension Service, or can ask their Service Forester for advice.

(2) Vernal Pools. Vernal Pools provide critically important habitat for a number of rare and endangered species in Massachusetts. Certain precautions should be taken when harvesting in the vicinity of such pools to minimize impacts and preserve the character and physical environment that these species require. Although these pools may only actually be filled with water for a brief period of time in the spring, the most important measure that can be taken to protect the habitat is to recognize pool locations even in the "dry" season and take precautions to preserve the local environment around the pools. Several standards within 302 CMR 16.00 apply to Certified Vernal Pools. Application of those standards, and the guidelines listed below, to all Vernal Pools will further protect and enhance these critical habitats.

(a) Heavy equipment should not be permitted in Vernal Pool depressions at any time of the year. It is also necessary to avoid locating landings, skid roads or haul roads through or near these depressions. It is important that the depressions not fill in with sediment from nearby areas of disturbed soil.

(b) Similarly, stacking logs or otherwise creating soil compaction in Vernal Pool depressions should not be permitted.

(c) Operating logging machinery within approximately 50 feet of a Vernal Pool during mud season (generally March and April), should be avoided. Ruts deeper than six inches can disrupt migration routes of endangered salamanders. There should be no ruts deeper than six inches within 200 feet of a vernal pool. Similarly, the actual Vernal Pool depressions should not be physically altered so that its ability to seasonally hold water is impaired.

(d) Tree tops or slash should not be allowed to fall or be placed into Vernal Pool depressions. While many amphibians use downed woody material to attach their eggs to, no additional material should be added to a pool. If tops or branches do fall into a depression, they should be removed. Similarly, existing natural woody material should not be removed from Vernal Pool depressions.

(e) It is important that the temperature and relative humidity at the soil surface be maintained in the cool, moist condition necessary for amphibians that use vernal pools. Thus, it is important that these vernal pools and an area within 50 feet of these pools be maintained in a shaded and mostly undisturbed condition.

1. Clearcutting should not be permitted in these areas. Some forest cover must be maintained to provide continuous shade and protection from high temperatures at the soil surface. It is necessary to not leave only trees with small or damaged tops, or those that appear to be dead or dying. Established understory vegetation such as mountain laurel, hemlock, or naturally established advanced regeneration can provide shade. Similarly, shade can be provided by vigorous hardwood sprouting following a harvest.

2. Disturbance of the mineral soil within 50 feet of a Vernal Pool depression should be avoided for several reasons. First, it is important that sediment not accumulate in Vernal Pool depressions. Second, the exposure of mineral soil removes the natural insulation provided by the accumulated litter on the forest floor. This litter can be several inches thick, and can keep actual soil moisture and temperature from getting too high, even if exposed to direct sunlight. For these reasons, it would be best to operate in the vicinity of Vernal Pool depressions when the ground is frozen and covered with snow. Under other dry conditions, it would be advisable to not operate machinery within 40 feet of a pool depression, and to winch timber (if any is cut within this radius) out of this area. Finally, it would be advisable not to operate within 50 feet of a Vernal Pool depression during mud season, so as to not create ruts.

(3) Isolated Vegetated Wetlands. These are areas that are generally saturated by groundwater or covered by surface water long enough to produce hydric soil conditions and which, under normal circumstances, support wetland plant communities. Isolated wetlands have many of the same characteristics as bordering vegetated wetlands, except that they do not border on a pond, lake, or stream, and are therefore not defined as wetland resource areas by M.G.L. c. 131, § 40.

Isolated wetlands may perform some important water quality functions, and may also provide wildlife habitat. In order to maintain their ability to perform these functions it is suggested that the standards required for Bordering Vegetated Wetlands also be applied to isolated wetlands, that is; avoid them if possible, cross them only when the ground is dry, frozen, or otherwise stable, and harvest no more than 50% of the basal area at any one time.

(4) Riparian areas. Land immediately adjacent to streams and rivers (riparian areas) are important for the protection of water quality, fish and wildlife habitat. Forested riparian areas filter sediment, pollutants, and nutrients from surface runoff, slow water movement, and reduce flooding, provide streams with shade and a source of nutrients, provide habitat for fish and wildlife, and serve as migration corridors for animals. Filter strips along streams and water bodies serve to protect water quality during timber harvesting (see:302 CMR 16.05: Standards). The following guidelines may be used to provide additional protection for sensitive streams (tributaries to water supply reservoirs, high-quality trout streams, and rare species habitat) as well as protection for fish and wildlife habitat.

(a) In riparian areas runoff is slowed as it moves across and through plants, leaves, and other debris on the forest floor, dropping sediment carried in the water. This settling process keeps sediments and nutrients from flowing into lakes and streams. Some of the water soaks into the soil reducing peak flow levels in streams and replenishing groundwater that helps maintain stream flows. Plant roots take up nutrients that have dissolved in the runoff and soaked into the soil, further reducing the amount of pollution carried into lakes and streams. It is important to protect the characteristics of riparian areas that remove sediments and nutrients, prevent erosion, and control flooding.

1. Maintain a 15-foot no-cut zone along high quality streams, tributaries to water supply reservoirs, and streams that provide habitat for rare species.

2. Use variable width filter strips (see:302 CMR 16.04: Standards) for high quality trout streams and streams that provide habitat for rare species.

3. Avoid soil compaction and rutting within 200 feet of streams.

(b) Trees and shrubs along stream banks shade streams, reducing summer water temperatures and increasing dissolved oxygen in the water. Cold-water fish such as trout require cool water and high levels of dissolved oxygen. Stream shading is critical for maintaining cold-water fisheries.

Plants along the stream banks are an important source of nutrients for stream ecosystems. Leaves, seeds, fruits, and invertebrates that fall into the water from overhanging plants can account for up to 75% of the nutrients in some streams. Tree limbs and branches that fall into streams provide cover for fish and other aquatic organisms, as well as perches and basking areas for reptiles, amphibians, and birds. Large trees that fall into streams often create riffle areas and plunge pools, critical habitat for fish and other aquatic organisms.

The roots of trees growing on or near stream banks stabilize the soil and reduce erosion. Exposed tree roots and undercut banks along streams also provide important cover for wildlife.

1. Maintain a 15-foot, no-cut zone along high-quality trout streams and streams that provide rare species habitat.

2. Minimize the cutting of trees directly on the stream bank. Allow large trees and snags to remain within the riparian zone. Do not create large openings in the canopy within these areas, especially along trout streams.

3. Avoid, to the extent possible, the use of riprap to stabilize banks.

(c) Riparian areas are particularly valuable habitats for wildlife. Songbird diversity and abundance tend to be higher in riparian forests than in other forested areas. Many birds, reptiles, and amphibians are dependent on streams and areas adjacent to them (water thrushes, kingfisher, mink, wood turtle, two-lined, dusky, and spring salamanders). Forested riparian areas are also important migration and dispersal corridors for wildlife. Habitat quality can be maintained in riparian zones by protecting certain habitat characteristics. Reptiles and amphibians may be concentrated in areas close to streams; minimizing disturbance in these areas will also help protect local populations of these species.

1. Maintain areas within 200 feet of a stream in a forested condition.

2. Minimize the use of heavy equipment within 200 feet of streams and other water bodies.

3. Preserve important habitat characteristics within 200 feet of streams and water bodies (stone walls, rock jumbles, understory tangles, down logs, hollow logs, snags and trees with cavities).

(5) Engineering and Logging Guidelines are listed in the BMP Manual.

(6) Contracts. A written contract for a timber sale is critically important to insure that the landowner and operator are both aware of their rights and responsibilities. In some instances, the landowner should require a performance bond. The landowner should be assured that the operator carries adequate insurance. In many instances, the parties may find it desirable to make the approved forest cutting plan a part of the timber sale contract.

Notes

302 CMR 16.07

Adopted by Mass Register Issue 1356, eff. 1/12/2018.