| | | (5) Northern Stream in Township 19 Eastern Division - | | Class AA. |
|
| | | (6) Creamer Brook in Township 19 Eastern Division - | | Class AA. |
|
| | | (7) Clifford Brook in Marion Township - Class AA. |
|
| | | Sec. 10. 38 MRSA §480-B, sub-§2, as amended by PL 1989, c. 430, §3, is | | further amended to read: |
|
| | | 2. Coastal wetlands. "Coastal wetlands" means all tidal and | subtidal lands, including all areas below any identifiable debris | line left by tidal action; all areas with vegetation present that | | is tolerant of salt water and occurs primarily in a salt water or | | estuarine habitat; and any swamp, marsh, bog, beach, flat or | other contiguous lowland which that is subject to tidal action | during the maximum spring highest tide level for each year in | | which an activity is proposed as identified in tide tables | | published by the National Ocean Service. Coastal wetlands may | | include portions of coastal sand dunes. |
|
| | | Sec. 11. 38 MRSA §480-E-1, as amended by PL 2001, c. 232, §15, is | | repealed and the following enacted in its place: |
|
| | | §480-E-1. Delegation of permit-granting authority to Maine |
|
| | | Land Use Regulation Commission |
|
| | | The Maine Land Use Regulation Commission shall issue all | | permits under this article for activities that are located wholly | | within its jurisdiction and are not subject to review and | | approval by the department under any other article of this Title | | except as follows. |
|
| | | 1.__Activity located in organized and unorganized area. If an | | activity is located in part within an organized area and in part | | within an area subject to the jurisdiction of the Maine Land Use | | Regulation Commission, that portion of the activity within the | | organized area is subject to review under this article by the | | department and that portion of the activity within the | | jurisdiction of the Maine Land Use Regulation Commission requires | | a permit from the commission pursuant to this article except as | | provided in subsection 2. The part of the activity within the | | organized area is subject to review under this article if that | | portion is a regulated activity pursuant to this article. |
|
| | | 2.__Allowed use.__If an activity is located as described in | | subsection 1 and the Maine Land Use Regulation Commission | | determines that the project is an allowed use within the | | subdistrict or subdistricts for which it is proposed, so that a |
|
|