LD 1506
pg. 3
Page 2 of 13 An Act To Update the Laws Governing Borrow Pits and Quarries Page 4 of 13
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LR 585
Item 1

 
road.__The width of a natural buffer strip adjacent to a
public road or right-of-way may be reduced if there is a
public entity or entities with authority to grant permission
and the applicant receives permission from each authority in
writing.

 
C. A natural buffer strip at least 50 feet wide must be
maintained between the working edge of an excavation and any
private road or right-of-way. If a private road is
contained within a wider right-of-way, the buffer is
measured from the edge of the right-of-way. The width of
the natural buffer strip adjacent to a private road may be
reduced if the applicant receives written permission from
the person or persons having a right-of-way over the private
road.

 
Except for paragraph B, the department may not grant a variance
from the provisions of this subsection. The department may grant
a variance from paragraph B, provided that if the variance will
not result in the natural buffer strip being reduced to less than
50 feet between the working edge of the excavation and any road
or right-of-way, whichever is farther from the excavation, and
provided that if the owner or operator installs visual screening
and safety measures as required by the department.

 
A distance specified in this subsection is measured from the
outside edge of the shoulder of the road or edge of the right-of-
way unless otherwise specifically provided.

 
7. Property boundary. A natural buffer strip at least 50
feet wide must be maintained between any excavation and any
property boundary. A natural buffer strip at least 25 feet wide
must be maintained between any topsoil excavation and a property
boundary. These distances may be reduced to not less than 10
feet with the written permission of the affected property owner
or owners, except that the distance may not be reduced to less
than 25 feet from the boundary of a cemetery or burial ground.
The buffer strip between excavations owned by abutting owners may
be eliminated with the abutter's written permission, provided the
elimination of this buffer strip does not increase the runoff
from either excavation across the property boundary. Any written
permission to reduce a buffer must provide that it remains in
effect until mining ceases and must be recorded in the registry
of deeds. All property boundaries must be identified in the
field by markings such as metal posts, stakes, flagging or blazed
trees. The department may not grant a variance from the
provisions of this subsection.

 
8. Erosion and sedimentation control. All reclaimed and
unreclaimed areas, except for access roads, must be naturally


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