Sec. 38. Transitional language; natural resources protection laws. A permit issued by the Department of Environmental Protection prior to the effective date of this Act for an activity altering or adjacent to a protected natural resource within the jurisdiction of the Maine Land Use Regulation Commission and any conditions of that permit continue in effect and may be enforced by the department until the permit expires or is modified by the Maine Land Use Regulation Commission. The Maine Land Use Regulation Commission may enforce a permit it has modified.

Sec. 39. Transitional language; extractions and quarries. An owner or operator of a quarry or excavation for borrow, clay, topsoil or silt, whether alone or in combination, that is subject to the jurisdiction of the Maine Land Use Regulation Commission prior to the effective date of this Act, and that has been approved pursuant to the Maine Revised Statutes, Title 12, sections 685 to 689, may continue to operate in compliance with the terms and conditions of the permit. Any modification of the permit must be in conformance with Title 12, sections 685 to 689. The Maine Land Use Regulation Commission may enforce the terms of the permit.

An owner or operator with a permit under Title 12, sections 685 to 689 may file a notice of intent to comply pursuant to Title 38, chapter 3, subchapter I, article 7, Performance Standards for Excavations for Borrow, Clay, Topsoil or Silt, or article 8-A, Performance Standards for Quarries, with the Department of Environmental Protection. The approval issued under Title 12, sections 685 to 689 lapses as of the date a complete notice of intent is filed with the Department of Environmental Protection. If the permittee chooses to substitute a notification, the Department of Environmental Protection may incorporate any terms or conditions that applied to the permit issued pursuant to Title 12 into the notification approved pursuant to Title 38, chapter 3, subchapter I, article 7 or 8-A.

Sec. 40. Transitional language; hydropower permit laws. A permit issued by the Maine Land Use Regulation Commission under the Maine Revised Statutes, Title 38, section 633 prior to the effective date of this Act continues in effect and may be enforced by the Maine Land Use Regulation Commission until the permit expires or is modified by the Department of Environmental Protection. The department may enforce a permit it has modified.