LD 2604
pg. 3
Page 2 of 5 An Act to Address Nonpoint Source Pollution from Certain Sources Page 4 of 5
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LR 4071
Item 1

 
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;

 
Sec. 5. 38 MRSA §480-Q, sub-§7-A, as enacted by PL 1989, c. 838, §6,
is amended to read:

 
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:

 
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;

 
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;

 
C. The forested wetland is not mapped as a significant
wildlife habitat under section 480-I; and

 
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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