An Act To Foster Economic Development by Improving Administration of the Laws Governing Site Location of Development and Storm Water Management
Sec. 1. 38 MRSA §420-D, sub-§7, ¶H is enacted to read:
(1) The trail is constructed and maintained in accordance with best management practices for motorized trails established by the Department of Conservation;
(2) The trail is the minimum feasible width for its designated use; and
(3) No lane exceeds 12 feet in width and no trail includes more than 2 lanes.
Sec. 2. 38 MRSA §420-D, sub-§9, as amended by PL 2009, c. 602, §1, is further amended to read:
Sec. 3. 38 MRSA §484, sub-§3, ¶H is enacted to read:
Sec. 4. 38 MRSA §489-E, as enacted by PL 2009, c. 602, §3, is repealed and the following enacted in its place:
§ 489-E. Rulemaking
Rules adopted by the department pursuant to this article are routine technical rules except that rules adopted by the department after January 1, 2010 pursuant to section 484, subsections 1, 3, 4, 4-A, 5, 6 and 7 are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5. High and moderate value waterfowl and wading bird habitat; rulemaking. The Department of Environmental Protection shall amend its rules concerning permit by rule under the Natural Resources Protection Act to allow an activity occurring in, on or over high and moderate value waterfowl and wading bird habitat to be eligible for permit by rule. Rules adopted pursuant to this section are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 6. High and moderate value waterfowl and wading bird habitat. The Joint Standing Committee on Environment and Natural Resources may report out a bill relating to high and moderate value waterfowl and wading bird habitat to the Second Regular Session of the 125th Legislature.