LD 2604
pg. 2
Page 1 of 5 An Act to Address Nonpoint Source Pollution from Certain Sources Page 3 of 5
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LR 4071
Item 1

 
A. Asbestos;

 
B. Lead-based paint for pre-1978 homes in accordance with
federal regulations;

 
C. Radon; and

 
D. Underground oil storage tanks as required under Title
38, section 563, subsection 6; and

 
5. Known defects. Any known defects.; and

 
Sec. 2. 33 MRSA §173, sub-§6 is enacted to read:

 
6. Land use laws in shoreland zone.__For property located
within the shoreland area described in Title 38, section 435,
information concerning the shoreland zoning laws, Title 38,
chapter 3, subchapter I, article 2-B and the natural resources
protection laws, Title 38, chapter 3, subchapter I, article 5-A.__
The Department of Environmental Protection shall develop a
publication containing information for this purpose, and the
publication must be attached to the property disclosure
statement.

 
Sec. 3. 38 MRSA §480-C, sub-§4 is enacted to read:

 
4.__Prohibition on cutting or removal of vegetation within 25
feet of small streams.__A person may not perform or cause to be
performed the cutting or removal of vegetation within 25 feet of
the normal high-water line of a small stream without first
obtaining a permit from the department, except that selective
cutting of trees and other vegetation may be performed without a
permit if no more than 40% of the trees 4 inches or more in
diameter, measured at 4 1/2 feet above ground level, are cut in
any 10-year period and a well-distributed stand of trees and
other natural vegetation remains.

 
For purposes of this subsection, "small stream" means a stream
that is:

 
A. Depicted as a solid or broken blue line on the most
recent edition of the United States Geological Survey 7.5-
minute series topographic map; and

 
B. Not a river as defined in section 436-A, subsection 11 or
a stream as defined in section 436-A, subsection 11-A.

 
Sec. 4. 38 MRSA §480-Q, sub-§6, as amended by PL 1995, c. 460, §5, is
further amended to read:


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