LD 1888
pg. 1
LD 1888 Title Page An Act to Amend the Laws Relating to Development and Centralized Listing of Mun... Page 2 of 4
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LR 1342
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 12 MRSA §8869, sub-§8, as amended by PL 1995, c. 122, §1 and
affected by §2, is further amended to read:

 
8. Relationship to municipal rules and regulations. Nothing
in this subchapter may be construed to preempt or otherwise limit
the existing authority of municipalities to regulate harvesting,
except that municipalities regulating timber harvesting shall
adopt definitions for forestry terms used in their ordinances
that are consistent with definitions in section 8868 and with
forestry terms adopted by the commissioner pursuant to this
subchapter. A municipality may not adopt an ordinance that
regulates timber harvesting unless the following process is
followed in the development and review of the ordinance:
Municipal timber harvesting ordinances adopted before September
1, 1990 must meet this standard of compliance with definitions no
later than January 1, 2000.

 
A municipality may not adopt an ordinance that is less stringent
than the minimum standards established in this section and in
rules adopted by the commissioner to implement this section.__A
municipality may not adopt or amend an ordinance that regulates
timber harvesting unless the process set out in this subsection
is followed in the development and review of the ordinance.

 
A. A licensed professional forester must participate in the
development or amendment of the ordinance;.

 
B. A face-to-face meeting must take place in the
municipality during the development or amendment of the
ordinance between representatives of the department and
municipal officers and officials involved in developing the
ordinance. Discussion at the meeting must include, but is
not limited to, the timber harvesting forest practices goals
of the municipality;.__At this meeting and subsequently, the
department shall provide guidance to the municipality on how
the municipality may use sound forestry practices to achieve
the municipality's forest practices goals.

 
C. The municipality shall hold a public hearing to review a
proposed ordinance or ordinance amendment at least 45 days
before a vote is held on the ordinance. The municipality
shall provide post and publish public notice of the public
hearing according to the method the municipality uses for
its regular public meetings; and same general requirements
of posted and published notice for zoning ordinance public
hearings as provided by Title 30-A, section 4352, subsection
9.


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