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04
Department of Conservation

1999-2000 Regulatory Agenda


DEPARTMENT CONTACT: Dawn Gallagher, Deputy Commissioner. 207/287-4901


04-058: Bureau of Forestry
04-059: Bureau of Parks and Lands
04-061: Land Use Regulation Commission

UMBRELLA-UNIT NUMBER: 04-058
AGENCY NAME: Bureau of Forestry
CONTACT PERSON: Donald Mansius, 22 State House Station, Augusta, ME 04333-0022. Tel: 287-4906

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULEMAKING ACTIVITY:
In January 1999, the Maine Forest Service submitted a report titled, "The Impact of Timber Harvesting on Nonpoint Source Pollution," to the Legislature, pursuant to Public Law Chapter 648 enacted by the 118th Legislature. The report contains recommendations regarding the creation of statewide forestry water quality standards, placing regulatory responsibility for forestry water quality standards on the Maine Forest Service, and for increased protection of smaller streams. The Maine Forest Service anticipates that the 119th Legislature second session will take action on this report.

CHAPTER 20: Forest Regeneration and Clear-cutting Standards
STATUTORY AUTHORITY: 12 MRSA Chapter 805, Subchapter III-A (Section 8867-A)
PURPOSE: The rule establishes standards for timber harvesting and clear-cutting. It will be amended to be consistent with any new legislation that emerges from the second session of the 119th Legislature.
ANTICIPATED SCHEDULE: Issue proposed amendments by August 1999; provisionally adopt amendments by November 1999; submit for legislative approval by January 2000. It is the policy of the bureau to solicit input from affected parties throughout the rulemaking process. The bureau, at this time, does not plan to use the formal collaborative process described in 5 MRSA Section 8060
AFFECTED PARTIES: Forest landowners, loggers, and foresters.


AGENCY UMBRELLA-UNIT NUMBER: 04-059
AGENCY NAME: Bureau of Parks and Lands
CONTACT PERSON: Herb Hartman, Statehouse Station 22, Harlow Building, Augusta, ME 04333. Tel: 287-4961

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

In 1998, the Maine legislature consolidated the Bureau of Public Lands with the Bureau of Parks to form the Bureau of Parks and Lands. (LD1852; PL Chap. 678). The rules of the former Bureau of Public Lands were under umbrella 04-063. All Parks and Lands rules now fall under the agency umbrella 04-059. Several of the rules scheduled for rulemaking activity share the same chapter number because one is under 04-059 while the other is under 04-063. The chapter number for any Public Lands rule having the same chapter number as a Parks rule, will be changed as the Public Lands rules are revised. For purposes of clarity, rules under the old 04-063 category will be designated by an " * ". It is the policy of the bureau to solicit input from affected parties throughout the rulemaking process. The bureau, at this time, does not plan to use the formal collaborative process described in 5 MRSA Section 8060

CHAPTER 2: Rules for Lunch and Camp Sites in Penobscot Corridor, and Lobster and Chesuncook Lake (UMB/UNIT # 04-056 on Secretary of State List)
STATUTORY AUTHORITY: 12 MRSA Section 1803(6)
PURPOSE: The rule establishes standards for lunch and campsite operations and will be amended to update public use rules and adjust user fees. It will also be moved from General Services Bureau 04-056 designation to Bureau of Parks and Lands 04-059, and be renumbered to avoid duplicative chapter numbers.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/00; adopt amendments by 5/1/00.
AFFECTED PARTIES: Users of lunch and camp sites in the Penobscot Corridor.

CHAPTER 2: Rules for Allagash Wilderness Waterway
STATUTORY AUTHORITY: 12 MRSA Section 1803(6)
PURPOSE: The rule establishes standards of conduct for visitors to the waterway. It will be updated and revised to include the standards and procedures contained the Waterway Management Plan adopted in 1999.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/00; adopt amendments by 5/1/00.
AFFECTED PARTIES: Users of the Allagash Wilderness Waterway.

CHAPTER 4: Rules Governing Boating Facilities
STATUTORY AUTHORITY: 12 MRSA Section 1803(6)
PURPOSE: The rule establishes standards to protect the public and boating facilities. It will be updated to include new standards to facilitate safe use of boating facilities.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/00; adopt amendments by 5/30/00.
AFFECTED PARTIES: Swimmers at state boating facilities.

CHAPTER 1: *Use of Public Lands
(The chapter number was changed to Ch. 51 to avoid duplication of chapter numbers when Bureau of Public Lands and Bureau of Parks & Recreationw were merged)
STATUTORY AUTHORITY: 12 MRSA Section 1803(6)
PURPOSE: The rule establishes standards to manage public lands. It will be updated to include new standards to facilitate safe use of public lands and to change the designation from the old Public Lands 04-063, to Bureau of Parks and Lands 04-059.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/99; adopt amendments by 5/30/99.
AFFECTED PARTIES: Users of state public lands.

CHAPTER 3: *Use of Public Submerged Lands
(The chapter number was changed to Ch. 53 to avoid duplication of chapter numbers when Bureau of Public Lands and Bureau of Parks & Recreationw were merged)
STATUTORY AUTHORITY: 12 MRSA Section 1803(6)
PURPOSE: The rule establishes standards for the use of submerged lands. It will be updated to include new standards to facilitate safe use of submerged lands, protect public trust interests, and address permitting underwater cables and salvage of sunken logs. It will also be amended to change the designation from the old Public Lands 04-063, to Bureau of Parks and Lands 04-059.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/00; adopt amendments by 5/1/00.
AFFECTED PARTIES: Users of state submerged lands.


AGENCY UMBRELLA-UNIT NUMBER: 04-061
AGENCY NAME: Land Use Regulation Commission
CONTACT PERSON: Fred Todd, 22 State House Station, Augusta, ME 04333-0022. Tel: 287-2631

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1999-2000 RULEMAKING ACTIVITY:

CHAPTER 1: General Provisions
CHAPTER 3: Delegations of Authority to Staff
CHAPTER 4: Rules of Practice
CHAPTER 5: Conduct of Public Hearings
CHAPTER 7: Regulation of Public Utilities
CHAPTER 8: Variances
CHAPTER 15: Guidelines for Roads in Management Districts
CHAPTER 16: Subdivision Rules
CHAPTER 17: LURC Jurisdiction over Brighton Plantation
STATUTORY AUTHORITY: 12 MRSA Section 684
PURPOSE: These rules establish standards for LURC proceedings and the use of lands under LURC jurisdiction. They will be updated to comply with EO #6 FY 94-95, current legislation and to be consistent, where appropriate, with land use practices in organized areas.
ANTICIPATED SCHEDULE: Issue proposed amendments by 10/1/99; adopt amendments by 2/1/2000. It is the policy of the bureau to solicit input from affected parties throughout the rulemaking process. The bureau, at this time, does not plan to use the formal collaborative process described in 5 MRSA Section 8060
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC jurisdiction.

CHAPTER 10: Land Use Districts and Standards
STATUTORY AUTHORITY: 12 MRSA Section 684
PURPOSE: These rules establish land use standards for lands under LURC jurisdiction. They will be updated to comply with current legislation, the Comprehensive Land Use Plan and specific zoning plans. Changes will include: rules of public and private boat launches, recreational gold prospecting, and changes to conform with statuary changes enacted in 1999.
ANTICIPATED SCHEDULE: Amendments may be proposed throughout this period. Rules on public and private boat launches, recreational gold prospecting, and changes to be consistent with 1999 laws, are expected to be adopted by 2/1/ 2000. Rules to ban person water craft on selected lakes PL739) were adopted by the Commission in October 1998 and rules to clarify the Commission's nonconforming rules were adopted in 1/99. It is the policy of the bureau to solicit input from affected parties throughout the rulemaking process. The bureau, at this time, does not plan to use the formal collaborative process described in 5 MRSA Section 8060.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC jurisdiction, and members of the public who use personal water craft and boat launches.


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