CHAPTER 116
H.P. 1868 - L.D. 2604
Resolve, to Require the Board of Environmental Protection and the Maine Land Use Regulation Commission to Adopt Consistent Rules Regarding Cutting and Removal of Vegetation
Sec. 1. Rules to regulate cutting and removal of vegetation in areas adjacent to rivers, streams, brooks, ponds, wetlands and tidal waters. Resolved: That notwithstanding the Maine Revised Statutes, Title 38, chapter 3, subchapter I, articles 2-B and 5-A and in accordance with the purposes of Title 12, chapter 206-A and Title 38, chapter 3, including the control of nonpoint source pollution, no later than January 2, 2002, the Board of Environmental Protection and the Department of Conservation, Maine Land Use Regulation Commission shall each provisionally adopt rules in accordance with Title 5, chapter 375 to regulate the cutting and removal of vegetation, other than timber harvesting activities, in areas adjacent to rivers, streams, brooks, ponds, wetlands and tidal waters.
The Board of Environmental Protection and the Maine Land Use Regulation Commission shall coordinate their rulemaking to adopt rules that resolve inconsistencies, where appropriate, among standards established pursuant to the Maine Revised Statutes, Title 12, chapter 206-A and Title 38, chapter 3, subchapter I, articles 2-B and 5-A and retain standards established pursuant to those statutes when those standards are consistent. Upon final adoption, rules adopted by the board apply in the organized areas of the State and rules adopted by the commission apply in the unorganized and deorganized areas of the State.
Rules adopted pursuant to this section do not apply to timber harvesting activities, but the Board of Environmental Protection and the Maine Land Use Regulation Commission shall consult with the Commissioner of Conservation to coordinate the standards related to timber harvesting activities with the standards related to the cutting and removal of vegetation other than timber harvesting.
Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II-A and must be provisionally adopted and submitted to the Legislature no later than January 2, 2002 for review; and be it further
Sec. 2. Legislation authorized. Resolved: That the joint standing committee of the Legislature having jurisdiction over natural resources matters may report out a bill to the Second Regular Session of the 120th Legislature to amend provisions in the Maine Revised Statutes, Title 12, chapter 206-A administered by the Department of Conservation, 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 to clarify the authority of these agencies to regulate the cutting or removal of vegetation and to resolve inconsistencies between the rules adopted pursuant to section 1 and those statutes; and be it further
Sec. 3. Education initiative. Resolved: That after rules are adopted pursuant to section 1, the Department of Environmental Protection and the Department of Conservation, Maine Land Use Regulation Commission and Bureau of Forestry shall jointly develop and implement an educational initiative to inform the public in all areas of the State about the standards for the cutting and removal of vegetation.
Effective August 11, 2000, unless otherwise indicated.
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