| | | Notwithstanding other provisions of this article, beginning | January 1, 2006 | | harvesting activities in shoreland areas must be in accordance | | with section 438-B and rules adopted by the Commissioner of | | Conservation pursuant to Title 12, section 8867-B. |
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| | | Sec. 3. 38 MRSA §438-B, first ¶, as enacted by PL 2003, c. 335, §5, is | | amended to read: |
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| | | Except as provided in subsection 4, beginning January 1, 2006 | | on the effective date established under subsection 5, rules | | adopted by the Commissioner of Conservation under Title 12, | | section 8867-B apply statewide for the purpose of regulating | | timber harvesting and timber harvesting activities in shoreland | | areas. |
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| | | Sec. 4. 38 MRSA §438-B, sub-§§2, 3 and 4, as enacted by PL 2003, c. 335, | | §5, are amended to read: |
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| | | 2. Municipal acceptance of statewide standards. A | | municipality may choose to have the statewide standards apply to | | timber harvesting and timber harvesting activities in that | municipality by repealing | | provisions within the municipal shoreland zoning ordinance that | | regulate timber harvesting and timber harvesting activities in | | shoreland areas and notifying the director of the repeal. The | | authorization must specify a repeal date consistent with the | | effective date established under subsection 5. When a | | municipality accepts the statewide standards in accordance with | | this subsection, the director shall administer and enforce the | | statewide standards within that municipality beginning on the | | effective date established under subsection 5. |
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| | | 3. Municipal adoption of ordinance identical to statewide | | standards. A municipality may adopt an ordinance to regulate | | timber harvesting and timber harvesting activities that is | | identical to the statewide standards. A municipality that adopts | | an ordinance under this subsection may request the director to | | administer and enforce the ordinance or to participate in joint | | administration and enforcement of the ordinance with the | | municipality beginning on the effective date established under | | subsection 5. When a municipality requests joint | | responsibilities, the director and the municipality shall enter | | into an agreement that delineates the administrative and | | enforcement duties of each. To continue to receive | | administrative and enforcement assistance from the director under | | this subsection, a municipality must amend its ordinance as | | necessary to maintain identical provisions with the statewide | | standards. |
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