302 CMR, § 16.08 - Timber Harvester License

(1) The Director shall issue a Massachusetts Timber Harvester License annually to a person, firm, or corporation when the applicant:

(a) submits a completed application on a form approved by the Director;

(b) pays by a negotiable check or money order the currently established annual fee;

(c) submits evidence that the applicant is familiar with, and has consistently complied with, the Massachusetts and applicable federal laws governing forest land, forestry, and forest harvesting; and

(d) certifies that the applicant is in compliance with state tax laws and other state and local laws, ordinances, and regulations governing forestry property, public health, and safety.

(2) A timber harvester license is valid only for the person to whom it is issued. A firm or corporation may hold a timber harvester license for employees identified on its application; however, each employee so named shall meet the requirements of 302 CMR 16.08(l)(a), (c) and (d). Every person, firm, or corporation harvesting wood products for hire or profit on an operation not exempt from M.G.L. c. 132, §§ 40 through 46 shall have his, her or its own timber harvester license.

(3) The landowner or the landowner's agent shall notify in writing the Director or the Director's Agent of the name, address, phone number, and license number of all licensed timber harvesters operating under an approved forest cutting plan.

(4) The landowner shall have a licensed timber harvester on the site whenever work is done.

(5) Each licensed timber harvester shall obtain a copy of the approved forest cutting plan and have a copy on the site whenever work is done. The licensed timber harvester is responsible for compliance with the terms of the approved forest cutting plan and 302 CMR 16.00.

(6) After an opportunity for hearing is provided, the Director may revoke or suspend a license for any violation of M.G.L. c. 132, §§ 42 through 46 or regulations promulgated thereunder. The Director shall consider evidence of criminal conviction in another jurisdiction under laws and regulations analogous to those identified in 302 CMR 16.08(l)(c) and (l)(d), or revocation of a timber harvester license issued in another state, sufficient ground for withholding, suspending, or revoking a Massachusetts Timber Harvester License.

Notes

302 CMR, § 16.08

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