CHAPTER 695
H.P. 1919 - L.D. 2665
An Act to Provide for Statewide Standards for Timber Harvesting in Shoreland Areas and to Modify Regulation of Stream Crossings
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §8867-B is enacted to read:
§8867-B. Regulation of timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters
In accordance with the purposes of chapter 206-A and Title 38, chapter 3, no later than January 2, 2002, the Commissioner of Conservation shall provisionally adopt rules in accordance with Title 5, chapter 375 to establish performance standards for timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters. The rules must provide the maximum opportunity for flexibility that achieves the goal of protecting the public resources while minimizing the impact on private resources. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II-A and must be submitted to the Legislature no later than January 2, 2002 for review.
In addition to the materials submitted pursuant to Title 5, section 8072, subsection 2, upon submitting the rules authorized by this section, the Commissioner of Conservation shall submit a report to the joint standing committee of the Legislature having jurisdiction over forestry matters that describes the rationale for new standards and the public resources and values protected by each standard.
The rules must resolve inconsistencies among standards established pursuant to chapter 206-A and Title 38, chapter 3, articles 2-B and 5-A and retain standards established pursuant to those statutes when those standards are consistent. Upon final adoption, performance standards established pursuant to this section apply to timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters throughout the State. The Commissioner of Conservation shall administer the rules and enforce the standards adopted under this section.
Sec. 2. 12 MRSA §8868, sub-§5 is enacted to read:
5. Timber harvesting activities. "Timber harvesting activities" means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting.
Sec. 3. 38 MRSA §480-E, sub-§10 is enacted to read:
10. Road construction associated with forest management activities. A permit by rule for road construction or maintenance associated with a forest management activity becomes effective upon receipt of notification by the department as long as:
A. The road construction or maintenance is eligible for a permit by rule; and
B. The notification is on a form provided by the department and is complete.
This subsection is repealed August 1, 2002.
Sec. 4. Legislation authorized. The joint standing committee of the Legislature having jurisdiction over forestry matters may report out a bill to the Second Regular Session of the 120th Legislature to specify that the standards for timber harvesting activities in areas adjacent to standing and flowing water bodies and wetlands adopted pursuant to the Maine Revised Statutes, Title 12, section 8867-B apply statewide. The legislation must amend provisions in Title 12, chapter 206-A administered by the Maine Land Use Regulation Commission and in Title 38, chapter 3, subchapter I, articles 2-B and 5-A administered by the Department of Environmental Protection and to clarify the authority of these agencies to regulate timber harvesting.
Effective August 11, 2000, unless otherwise indicated.
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