| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 12 MRSA §685-B, sub-§4, as amended by PL 1989, c. 430, §2, is | further amended by amending the first paragraph to read: |
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| | 4. Criteria for approval. In approving applications | submitted to it pursuant to this section, the commission may | impose such reasonable terms and conditions as the commission may | deem considers appropriate. The commission may not require an | applicant to perform a wetlands delineation on land that will not | be disturbed by the permitted activity unless all or part of the | land that will be disturbed by that activity is determined to be | a wetland. |
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| | Sec. 2. Conflicting rule unenforceable. Any rule adopted by the Maine | Land Use Regulation Commission that is in conflict with the Maine | Revised Statutes, Title 12, section 685-B, subsection 4 is | unenforceable |
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| | This bill prohibits the Maine Land Use Regulation Commission | from requiring that applicants for Maine Land Use Regulation | Commission permits conduct a wetlands delineation on undisturbed | land surrounding a proposed development unless a portion of the | land to be disturbed by the development is a wetland. The bill | also makes unenforceable existing Maine Land Use Regulation | Commission rules that conflict with the provisions of this bill. |
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