LD 1654
pg. 11
Page 10 of 17 An Act to Improve the Efficiency of Environmental Regulation in the Unorganized... Page 12 of 17
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LR 807
Item 1

 
Sec. 21. 38 MRSA §480-E, sub-§9 is enacted to read:

 
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.

 
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.

 
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:

 
1. Exemptions. This article does not apply to:

 
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.

 
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.

 
Sec. 23. 38 MRSA §488, sub-§9, as amended by PL 1997, c. 502, §9, is
further amended to read:

 
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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