DALLAS PLANTATION – The Land Use Regulation Commission is scheduled to vote on whether it will continue settlement discussions with landowners in Dallas Plantation for timber harvesting violations. The commission will meet in Cherryfield Wednesday.

William Gregg and Geraldine L. Botka, local real estate agents, bought several acres on Loon Lake with the intention of building and selling homes there. They received proper zoning permits to develop the land and began harvesting timber there in 2003, according to a memo to commissioners from William Galbraith, a commission environmental specialist.

In his memo, Galbraith states that the landowners constructed a land management road and log landing at their lot in Dallas Plantation without obtaining a permit.

“In addition, the Botkas cleared vegetation from their lakeshore lot on Loon Lake in excess of allowable standards limiting clearing within 250 feet of the shoreline and within 50 feet of the subdivision access road,” he said.

A road about 14 feet wide and 100 feet long was cut to the shoreline, creating a canopy opening of approximately 12,500 square feet, according to Galbraith’s report. Regulations state that timber shall not be clear-cut within 250 feet of standing bodies of water greater than 10 acres, and that timber harvesting shall not exceed 10,000 square feet within the zone. The road opened up 14 feet of canopy along the shoreline.

Additionally, a 325-foot driveway was constructed that also violates the landowner’s permit. It has a grade of as much as 22 percent; the permit allows for a maximum grade of 8 percent.

The commission’s regulations governing timber harvesting along ponds and lakes are designed to prevent a variety of environmental and aesthetic problems. The regulations allow property owners to thin trees, but require that more than 40 percent of trees within 100 feet of a lake that have a diameter greater than 4 inches be maintained.

Maintaining a canopy of trees prevents soil erosion, and prevents phosphorous from fertilizers and other sources from entering the water. Rain pounding on a steep grade or off nearby buildings and vehicles can wash soil and other contaminants into the lake, according to Galbraith.

Once cut beyond restrictions, says Galbraith, it is hard to get landowners to replant and maintain those plantings to bring the land back to code.

“Many people don’t understand the harm this (clear-cutting) does,” he said.

Galbraith said that he has endeavored to settle the violations with the Botkas’ attorney, proposing that they pay a $2,000 fine and replant the area along the shoreline, but the settlement has not been accepted. He has recommended that commissioners approve a continuation of settlement discussions.