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| | | An Act Relating to the Consideration of the Cumulative |
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| | | Effects on Protected Natural Resources |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 38 MRSA §480-X, sub-§§2 and 3, as enacted by PL 1995, c. 460, §7 | | and affected by §12, are amended to read: |
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| | | 2. Three-tiered review process; tiers defined. Except as | | provided in subsection 1, an application for a permit to | | undertake activities altering freshwater wetlands must be | | reviewed in accordance with the following. |
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| | | A. A Tier 1 review process applies to any activity that | | involves a freshwater wetland alteration up to 15,000 square | | feet and does not involve the alteration of freshwater | | wetlands listed in subsection 4. |
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| | | B. A Tier 2 review process applies to any activity that | | involves a freshwater wetland alteration of 15,000 square | | feet up to one acre and does not involve the alteration of | | freshwater wetlands listed in subsection 4 or 5. |
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| | | C. A Tier 3 review process applies to any activity that | | involves a freshwater wetland alteration of one acre or more | | or an alteration of a freshwater wetland listed in | | subsection 4 or 5. |
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| | | If the project as a whole requires Tier 2 or Tier 3 review, then | | any activity that is part of the overall project and involves a | | regulated freshwater wetland alteration also requires the same | | higher level of review, unless otherwise authorized by the | | department. |
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