An Act To Change Regulation of Forestry Activities

Sec. 1. 12 MRSA §8867-A,  as enacted by PL 1997, c. 720, §2, is repealed.

Sec. 2. 12 MRSA §8867-B,  as amended by PL 2003, c. 335, §2, is repealed and the following enacted in its place:

§ 8867-B.  Rulemaking to establish performance standards

In accordance with the purposes of chapter 206-A and Title 38, chapter 3 and no later than November 1, 2012, the Commissioner of Conservation shall adopt rules in accordance with Title 5, chapter 375 to establish performance standards for:

The rules must provide the maximum opportunity for flexibility that achieves the goal of protecting public trust resources while minimizing the impact on private resources. The initial rules adopted pursuant to this section no later than November 1, 2012 are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Subsequent amendments to those rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

The Commissioner of Conservation shall consult with the Commissioner of Environmental Protection and the Commissioner of Inland Fisheries and Wildlife to ensure that bureau rules are consistent with wildlife habitat and environmental protection.

Sec. 3. 12 MRSA §8869, sub-§2-A,  as amended by PL 1999, c. 361, §2, is further amended to read:

SUMMARY

This bill changes regulation of forestry activities in shoreland areas by transferring authority for rulemaking regarding timber harvesting activities in protection districts in the unorganized territory from the Maine Land Use Regulation Commission to the Department of Conservation, Maine Forest Service and authorizing rulemaking at the Maine Forest Service regarding the enhancement of brook trout habitat, specifically the placement of wood in stream channels. The bill provides that the initial rules adopted are routine technical rules and amendments to these rules are major substantive rules.