Sec. 1. 12 MRSA §8867-B is enacted to read:

§8867-B.__Regulation of timber harvesting activities in areas

adjacent to rivers, streams, ponds, wetlands and tidal

waters

In accordance with the purposes of chapter 206-A and Title 38, chapter 3, no later than January 2, 2002, the Commissioner of Conservation shall provisionally adopt rules in accordance with Title 5, chapter 375 to establish performance standards for timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters.__The rules must provide the maximum opportunity for flexibility that achieves the goal of protecting the public resources while minimizing the impact on private resources.__Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II-A and must be submitted to the Legislature no later than January 2, 2002 for review.

In addition to the materials submitted pursuant to Title 5, section 8072, subsection 2, upon submitting the rules authorized by this section, the Commissioner of Conservation shall submit a report to the joint standing committee of the Legislature having jurisdiction over forestry matters that describes the rationale for new standards and the public resources and values protected by each standard.

The rules must resolve inconsistencies among standards established pursuant to chapter 206-A and Title 38, chapter 3, articles 2-B and 5-A and retain standards established pursuant to those statutes when those standards are consistent. Upon final adoption, performance standards established pursuant to this section apply to timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters__throughout the State.__The Commissioner of Conservation shall administer the rules and enforce the standards adopted under this section.

Sec. 2. 12 MRSA §8868, sub-§5 is enacted to read:

5.__Timber harvesting activities.__"Timber harvesting activities" means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting.

Sec. 3. 38 MRSA §480-E, sub-§10 is enacted to read: