Rulemaking

Related pages: Prior versions of rules (under construction); Rulemaking History; Board of Environmental Protection (BEP)

[Posted] Amend Chapter 528, Pretreatment Program. Draft amendments. Notice form. Fact sheet.

[Effective February 25, 2008] Amend Chapter 305, Permit by Rule, subsection 20 on Activities in existing developed areas located in, on or over h igh or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas. The amendments were adopted unanimously by the BEP on 2/7/2008. The changes do not become effective until after a final review by the AG's Office, and filing of paperwork with the Secretary of State's Office (SOS). Amendments normally become effective 5 days after filing with SOS.

• Section 20 as amended and effective 2/25/2008 (changes incorporated). For an unofficial copy of Ch. 305 including this revised chapter showing the effective date, go to the NRPA page, and click on "rules". Note: it normally takes a few weeks before the "official" copy is available on the Secretary of State's website.
• Added 1/14/2008:
  • Draft amendments proposed for adoption
  • basis statement.
  • Clean copy (what the rule would look like if the proposed changes were incorporated)
  • Proposed adoption is scheduled for February 7, 2008. Location: the Holiday Inn/Ground Round, 110 Community Drive , Augusta , Maine 04330. BEP Agenda.
• Draft amendment. Notice form. Fact sheet.

IMPORTANT NOTE: There is a text error in the draft amendment of subsection 30.   Section 20(C)(4) and (5) are entirely new and should be completely underlined as follows.

(4) Cutting or removal of vegetation within a high or moderate value inland waterfowl and
wading bird habitat, or shorebird roosting area, is limited to:

(a) Removal of a safety hazard; or
(b) Cutting or removal of vegetation to allow for a footpath not to exceed 6 feet in width as
measured between tree trunks and shrub stems. The footpath may not result in a cleared
line of sight to the water.
Any cutting or removal of vegetation within a shorebird roosting area under this paragraph
must be done in consultation with and as approved by the Department of Inland Fisheries and
Wildlife.

(5) Cutting or removal of vegetation within a shorebird feeding area must meet the vegetative
screening standards set forth in Mandatory Shoreland Zoning, 38 M.R.S.A. § 439-A(6). In
interpreting and enforcing these standards, the department shall rely upon the department’s
shoreland zoning rules regarding cutting or removal of vegetation for activities other than
timber harvesting1 and apply the cutting standards applicable within 75 feet of a coastal
wetland to the entire 100-foot feeding buffer.

[In effect] Amend Chapter 529, General Permits for Certain Wastewater Discharges. Text of proposed amendments; notice form. Final rule in effect June 27, 2007. Contact: Dennis Merrill 207-287-7788.

[In effect] Amend Chapter 595, State Revolving Fund. Text of proposed amendments; notice form; and fact sheet. Final rule in effect 5/5/2007. Contact: Stephen A. McLaughlin, 207-287-7768. Note: this is a joint rulemaking process with the Maine Municipal Bond Bank.

• BEP meeting to request adoption: Thursday April 19, 2007.
• Draft for adoption (showing changes); draft for adoption (with changes incorporated); basis statement.

[Finally Adopted] Adopt Chapter 587, In-stream Flow and Water Level Standards. More information about the Chapter 587 rulemaking. Major substantive.

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