An Act Clarifying the Department of Environmental Protection's Authority Relating to Compensation for Development Activity under the Natural Resources Protection Act

Sec. 1. 38 MRSA §480-Z, 2nd ¶,  as enacted by PL 1997, c. 101, §1 and affected by §2, is amended to read:

The department may require that compensation include the design, implementation and maintenance of a compensation project or, in lieu of such a project, may allow the applicant to purchase credits from a mitigation bank or to pay a compensation fee. The department may not require a form of compensation if the applicant prefers an alternative form of compensation allowed under this section and approved by the department. If compensation is required, the completion and maintenance of a project, purchase of credits or payment of a compensation fee must be a condition of the permit.

summary

This bill prohibits the Department of Environmental Protection from requiring one form of compensation for damages to wetlands or certain bird habitats resulting from a proposed development activity under the Natural Resources Protection Act if the applicant proposing the activity prefers an alternative form of compensation.