| | | Sec. 21. 38 MRSA §480-E, sub-§9 is enacted to read: |
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| | | 9.__Activities within jurisdiction of Maine Land Use | | Regulation Commission.__The Maine Land Use Regulation Commission | | shall process all permits under this article for activities that | | are wholly within its jurisdiction and are not subject to review | | and approval by the department under any other section of this | | Title.__The Maine Land Use Regulation Commission shall process | | these permits in accordance with the provisions of Title 12, | | sections 681 to 689 and rules and standards adopted under those | | sections. |
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| | | Permits for an activity located within an area subject to the | | jurisdiction of the Maine Land Use Regulation Commission that | | does not meet these criteria must be processed by the department, | | but may not be approved unless the commission certifies that the | | activity is in an appropriate subdistrict or that the commission | | has approved a rezoning application for the project contingent | | upon development approval by the department.__The certification | | or rezoning approval is considered a required comment pursuant to | | section 344-B, subsection 3, paragraph B, subparagraph (2) for | | purposes of processing periods. |
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| | | Sec. 22. 38 MRSA §480-V, sub-§1, as enacted by PL 1993, c. 721, Pt. F, | | §4 and affected by Pt. H, §1, is amended to read: |
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| | | 1. Exemptions. This article does not apply to: |
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| | | A. Significant wildlife habitat not within another | | protected natural resource, unless that significant wildlife | habitat is identified on a map adopted by the board; and. |
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| | B. Those portions of fragile mountain areas, deer wintering | areas, seabird nesting islands and great ponds, rivers, | streams and brooks within the jurisdiction of the Maine Land | Use Regulation Commission under Title 12, chapter 206-A. | The commission, in consultation with the department, shall | periodically review land use standards adopted by the | commission for these resources to ensure that the standards | afford a level of protection consistent with the goals of | this article, the goals of Title 12, chapter 206-A and the | commission's comprehensive land use plan. |
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| | | Sec. 23. 38 MRSA §488, sub-§9, as amended by PL 1997, c. 502, §9, is | | further amended to read: |
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| | | 9. Development within jurisdiction of Maine Land Use | Regulation Commission. A development structure, from 3 acres up | | to and including 7 acres, or a subdivision located entirely | | within an area subject to the jurisdiction of the Maine Land Use |
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