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

 
under the jurisdiction of the Maine Land Use Regulation
Commission.

 
Sec. 6. Recommendations; inspections of subsurface wastewater disposal systems. The
Department of Environmental Protection and the Department of
Human Services shall develop recommendations for requiring
inspections of subsurface wastewater disposal systems at the time
of real estate transfers. The recommendations must include
requirements for inspection of any system that is more than 20
years old or that lacks documentation of the system design and
location, provisions for certifying system inspectors and
provisions regarding responsibility for paying for a mandatory
inspection. In developing the recommendations, the departments
shall consult with interested parties. The departments shall
submit a report with their recommendations and any implementing
legislation to the joint standing committee of the Legislature
having jurisdiction over natural resources matters by January 15,
2001. The joint standing committee of the Legislature having
jurisdiction over natural resources matters may report out a bill
to the First Regular Session of the 120th Legislature relating to
inspections of subsurface wastewater disposal systems.

 
Sec. 7. Real Estate Commission rulemaking. The Real Estate Commission
shall amend its rules relating to real estate brokerage standards
of practices to provide that the requirements in the Maine
Revised Statutes, Title 33, section 173, subsections 3 and 6
apply to the transfer of any interest in residential real
property, whether by sale, exchange, installment land contract,
lease with an option to purchase or any other option to purchase,
when the transaction is conducted with the assistance of a person
licensed to practice real estate brokerage. Such rules are
routine technical rules pursuant to Title 5, chapter 375,
subchapter II-A.

 
SUMMARY

 
This bill implements the recommendations of the Department of
Environmental Protection relating to measures to reduce nonpoint
source pollution and improve water quality. The bill amends the
natural resources protection laws to require a permit for the
cutting or removal of vegetation, other than for farming or
forest management activities, within 25 feet of small mapped
streams. The bill requires that sellers of residential real
property and real estate brokers disclose additional information
regarding subsurface wastewater disposal systems and information
regarding land use laws affecting property located within the
shoreland zone. The bill also requires the Department of
Environmental Protection and the Department of Human Services to


Page 3 of 5 Top of Page Page 5 of 5