A. The road construction or maintenance is eligible for a permit by rule; and

B. The notification is on a form provided by the department and is complete.

This subsection is repealed August 1, 2002.

Sec. 4. Legislation authorized. The joint standing committee of the Legislature having jurisdiction over forestry matters may report out a bill to the Second Regular Session of the 120th Legislature to specify that the standards for timber harvesting activities in areas adjacent to standing and flowing water bodies and wetlands adopted pursuant to the Maine Revised Statutes, Title 12, section 8867-B apply statewide. The legislation must amend provisions in Title 12, chapter 206-A administered by the Maine Land Use Regulation Commission and in Title 38, chapter 3, subchapter I, articles 2-B and 5-A administered by the Department of Environmental Protection and to clarify the authority of these agencies to regulate timber harvesting.

FISCAL NOTE

The Department of Conservation will incur some minor additional costs to adopt certain rules pertaining to timber harvesting and submit the required report. These costs can be absorbed within the department's existing budgeted resources.

The Department of Environmental Protection will incur some minor additional costs to administer certain permit-by-rule requirements. These costs can be absorbed within the department's existing budgeted resources.

SUMMARY

This bill, which is the majority report, directs the Commissioner of Conservation to provisionally adopt rules to establish statewide standards for timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters. It requires the rules to retain standards established by the Department of Environmental Protection under the laws