(1) Erosion control measures must be used to prevent sedimentation of protected natural resources. A 25- foot buffer strip must be maintained between the activity and any river, stream or brook.

(2) The activity must comply with applicable water quality standards pursuant to section 480-D, subsection 5.

D. An applicant for Tier 1, Tier 2 or Tier 3 review shall comply with the standards contained in section 480-D. In evaluating a Tier 1 application for compliance with the standards contained in section 480-D, the department shall take into consideration impacts to the freshwater wetland from other regulated activities that occurred during the prior year.

Sec. 3. 38 MRSA §480-X, sub-§6, ¶B, as amended by PL 1999, c. 243, §13, is further amended to read:

B. Work may not occur until 30 60 days after the department receives a complete application, unless written approval is issued sooner by the department. The department shall notify the applicant in writing no later than 30 days after the department receives a complete application if the applicable requirements of this section have not been met or if the review period may be extended pursuant to section 344-B, subsection 4. If the department has not notified the applicant within the 30-day 60-day review period, a permit is deemed to be granted.

Sec. 4. Freshwater wetlands compensation proposal; report. The Department of Environmental Protection shall work with the Executive Department, State Planning Office and other interested parties to develop a proposal for a freshwater wetland compensation program for freshwater wetlands that require a Tier 1 review process, to review the wetlands exemptions contained in the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, Article 5-A and to recommend changes to ensure adequate protection of regulated wetlands. The Department of Environmental Protection shall report to the Joint Standing Committee on Natural Resources on its proposal and recommendations by January 1, 2006 and submit proposed legislation to implement the recommendations. The Joint Standing Committee on Natural Resources is authorized to report out legislation regarding the department's report to the Second Regular Session of the 122nd Legislature.