LD 261
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Page 2 of 3 PUBLIC Law Chapter 116 LD 261 Title Page
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LR 583
Item 1

 
high and moderate value waterfowl and wading bird habitat or
shorebird nesting, feeding and staging areas under section 480-B,
subsection 10, paragraph B.__The rules, as applicable, must:

 
1.__Definition of buffer area.__Include a definition of the
buffer area to be regulated;

 
2.__Certain landowners not subject to regulation.__Provide
that a landowner proposing to cause an impact on the buffer area
defined for a significant vernal pool habitat is not subject to
regulation pursuant to the rule if the significant vernal pool
habitat is not on property owned or controlled by that landowner;

 
3.__Department of Environmental Protection must provide
written field determination.__Require that the Department of
Environmental Protection provide a written field determination
upon the request of a landowner whose land may be affected by the
definitions and criteria adopted in a rule;

 
4.__Department of Environmental Protection may not assess fine
in certain cases.__Provide that the Department of Environmental
Protection may not assess a fine against a landowner who acted in
accordance with a written field determination if the fine would
be based solely on information in the written field
determination; and

 
5.__Process for voluntary identification.__Include a process
for a landowner to voluntarily identify the landowner's land as a
significant vernal pool habitat and to provide the Department of
Inland Fisheries and Wildlife the authority to map the
significant vernal pool habitat.

 
Rules adopted pursuant to this section are major substantive
rules as defined in Title 5, chapter 375, subchapter 2-A.

 
Sec. 6. Rules. The major substantive rules adopted pursuant to the
Maine Revised Statutes, Title 38, section 480-BB must be
submitted to the Legislature by January 3, 2006 for review by the
Joint Standing Committee on Natural Resources during the Second
Regular Session of the 122nd Legislature. The Joint Standing
Committee on Natural Resources is authorized to report out
legislation to the Second Regular Session of the 122nd
Legislature regarding significant wildlife habitat.


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