LD 564
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LD 564 Title Page An Act To Clarify the Responsibilities of the Department of Environmental Prote... Page 2 of 2
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LR 1053
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 38 MRSA §420-C, 3rd ¶, as enacted by PL 1995, c. 704, Pt. B,
§2 and affected by Pt. C, §2, is amended to read:

 
This section applies to a project or any portion of a
project located within an organized area of this State. For
any activity for which a permit from the Maine Land Use
Regulation Commission is not required under Title 12, section
685-B, subsection 1-A, paragraph B, this section also applies
to any portion of a project located within an unorganized area
of this State. This section does not apply to agricultural
fields. Forest management activities, including associated
road construction or maintenance, conducted in accordance with
applicable standards of the Maine Land Use Regulation
Commission, are deemed to comply with this section. This
section may not be construed to limit a municipality's
authority under home rule to adopt ordinances containing
stricter standards than those contained in this section.

 
Sec. 2. 38 MRSA §480-P, as enacted by PL 1987, c. 809, §2, is
amended by inserting at the end a new paragraph to read:

 
For any activity for which a permit from the Maine Land Use
Regulation Commission is not required under Title 12, section
685-B, subsection 1-A, paragraph B, outstanding river segments
also include any other outstanding river and stream segments
described in Title 12, section 403.

 
Sec. 3. 38 MRSA §488, sub-§9-A is enacted to read:

 
9-A.__Development partially within unorganized territory.__
For developments partially within the jurisdiction of the
Maine Land Use Regulation Commission, the department may
request and obtain technical assistance from the commission
and shall request recommendations from the commission.__The
commission shall respond to the requests in a timely manner.__
The recommendations of the commission must address the ways in
which the proposed project is or is not consistent with the
commission's comprehensive land use plan, but compliance with
that plan is not a requirement under this Title.__The
recommendations of the commission must be considered by the
department in acting upon a development application insofar as
those recommendations relate to standards applicable under the
natural resources protection laws or any other law
administered by the department.


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