| | 6. Agricultural activities. Subject to other provisions of | this article that govern other protected natural resources, | cutting or removing vegetation within 25 feet of the normal high- | water line of a small stream as defined in section 480-C, | subsection 4 or altering a freshwater wetland for the purpose of | normal farming activities such as clearing of vegetation for | agricultural purposes if the land topography is not altered, | plowing, seeding, cultivating, minor drainage and harvesting, | construction or maintenance of farm or livestock ponds or | irrigation ditches, maintenance of drainage ditches and | construction or maintenance of farm roads; |
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| | Sec. 5. 38 MRSA §480-Q, sub-§7-A, as enacted by PL 1989, c. 838, §6, | is amended to read: |
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| | 7-A. Forestry. Forest management activities, including | associated road construction or maintenance, in or adjacent to an | existing forested wetland, or a harvested forested wetland or | forest management activities involving the cutting or removal of | vegetation within 25 feet of the normal high-water line of a | small stream as defined in section 480-C, subsection 4, as long | as: |
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| A. The activity results in a forest stand that meets the | minimum stocking requirements in rules adopted pursuant to | Title 12, section 8869. This requirement takes effect when | those rules are adopted; |
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| B. The activity meets permit by rule permit-by-rule | standards in rules adopted pursuant to this article, for any | road crossing of a river, stream or brook, or for any soil | disturbance adjacent to a great pond, river, stream or brook | and the commissioner is notified before the forest | management activity commences; |
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| C. The forested wetland is not mapped as a significant | wildlife habitat under section 480-I; and |
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| D. Any road construction is not used to access development but | is used primarily for forest management activities, unless the | road is removed and the site restored to its prior natural | condition. Roads must be the minimum feasible width and total | length consistent with forest management activities. This | exemption does not apply to roads that provide access to | development in a subdivision as defined in Title 30-A, section | 4401, subsection 4, for the organized portions of the State, or | Title 12, section 682, subsection 2, including divisions of land | exempted by Title 12, section 682, subsection 2, paragraph A, for | portions of the State |
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