Timber on the parcel being subdivided has not been harvested
in violation of rules adopted pursuant to 12 M.R.S.A. § 8869,
Subsection 14. If a violation of rules adopted by the Maine Forest
Service to substantially eliminate liquidation harvesting has occurred,
the municipal reviewing authority must determine, prior to granting
approval for the subdivision, that five years have elapsed from the
date the landowner under whose ownership the harvest occurred acquired
the parcel. A municipal reviewing authority may request technical
assistance from the Department of Conservation, Bureau of Forestry,
to determine whether a rule violation has occurred, or the municipal
reviewing authority may accept a determination certified by a forester
licensed pursuant to 32 M.R.S.A. Chapter 76. If a municipal reviewing
authority requests technical assistance from the Bureau, the Bureau
shall respond within five working days regarding its ability to provide
assistance. If the Bureau agrees to provide assistance, it shall make
a finding and determination as to whether a rule violation has occurred.
The Bureau shall provide a written copy of its finding and determination
to the municipal reviewing authority within 30 days of receipt of
the municipal reviewing authority's request. If the Bureau notifies
a municipal reviewing authority that the Bureau will not provide assistance,
the municipal reviewing authority may require a subdivision applicant
to provide a determination certified by a licensed forester.