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State of Maine

04
Department of Conservation

2000-2001 Regulatory Agenda


AGENCY NAME: 04 - Department of Conservation

CONTACT PERSON: Dawn Gallagher, 22 SHS, Augusta, ME 04333. 287-4901

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2000-2001 RULE-MAKING ACTIVITY:



AGENCY UMBRELLA-UNIT NUMBER: 04-058
AGENCY NAME: Bureau of Forestry/Maine Forest Service

NEW RULE: Rules governing timber harvesting adjacent to Maine waters
STATUTORY AUTHORITY: 12 MRSA Section 8867-B
PURPOSE: Major substantive rules for statewide forestry water quality standards, placing regulatory responsibility for forestry water quality standards on the Maine Forest Service.
ANTICIPATED SCHEDULE: The rulemaking process will begin in spring or summer 2001. Provisionally adopted rules will be submitted for Legislative review by January 2, 2002 as required.
AFFECTED PARTIES: Individuals and Companies conducting commercial timber harvesting in Maine in areas adjacent to waters.

CHAPTER 3: Incinerators
STATUTORY AUTHORITY: 12 MRSA Sections 9321 and 9325
PURPOSE: The rule defines an incinerator which is affected, establishes standards for issuing fire permits for their use, and describes the materials which can be legally burned.
ANTICIPATED SCHEDULE: Issue proposed amendments by 1/15/01; adopt amendments by 3/15/01.
AFFECTED PARTIES: Users of out of door incinerators.


AGENCY UMBRELLA-UNIT NUMBER: 04-059
AGENCY NAME: Bureau of Parks and Lands

CHAPTER 2: Rules for Lunch and Camp Sites in Penobscot Corridor, and Lobster and Chesuncook Lake
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 3/1/01; adopt amendments by 5/1/01.
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 to establish authorized snowmobile access routes.
ANTICIPATED SCHEDULE: Issued proposed amendments by 3/l/00; plan to adopt amendments by 9/30/00.
AFFECTED PARTIES: Users of the Allagash Wilderness Waterway.

CHAPTER 1: Use of Public Lands
STATUTORY AUTHORITY: 12 MRSA Section 1803(6)
PURPOSE: The rule establishes standards to manage public reserved and non-reserved lands. In 1998, the Maine legislature consolidated the Bureau of Public Lands with the Bureau of Parks to form the Bureau of Parks and Lands. (LD 1852; 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. This rule will also be updated to change the designation from the old Public Lands 04-063, to Bureau of Parks and Lands 04-059 and to change the Chapter number to avoid duplicative chapter numbers.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/01; adopt amendments by 5/30/01.
AFFECTED PARTIES: Users of state public lands.

CHAPTER 7: Rules for Snowmobile Program Grants-in-aid
STATUTORY AUTHORITY: 12 MRSA Section 2903-B
PURPOSE: This rule will establish new standards for the distribution of grants to clubs and municipalities if changes are due from legislative action.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/01; adopt amendments by 12/1/01.
AFFECTED PARTIES: Snowmobile clubs and municipalities participating in grant programs.

CHAPTER 8: Rules for Snowmobile Club Grants-in-aid Program
STATUTORY AUTHORITY: 12 MRSA Section 2903-B
PURPOSE: This rule will establish new standards for the distribution of grants to clubs and municipalities if changes are due from legislative action.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/01; adopt amendments by 12/1/01.
AFFECTED PARTIES: Snowmobile clubs and municipalities participating in grant programs.

CHAPTER 18: General ATV Trail Guidelines
STATUTORY AUTHORITY: 12 MRSA Section 2903-C
PURPOSE: This rule will establish new standards for the distribution of grants to clubs if changes are due from legislative action.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/01; adopt amendments by 12/1/01.
AFFECTED PARTIES: ATV clubs participating in grant programs.

CHAPTER 160: ATV Municipality Grants-in-aid Program
STATUTORY AUTHORITY: 12 MRSA Section 2903-C
PURPOSE: This rule will establish new standards for the distribution of grants to municipalities if changes are due from legislative action.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/01; adopt amendments by 12/1/01.
AFFECTED PARTIES: Municipalities participating in grant programs.


AGENCY UMBRELLA-UNIT NUMBER: 04-061
AGENCY NAME: Land Use Regulation Commission (LURC)

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 need to be updated to address several issues including: an improved definition of home occupations; identifying other activities which should be allowed according to appropriate standards as opposed to a full permit; and possible revisions to the list of lakes on which personal water craft are banned based on petitions which have been filed with the Commission.
ANTICIPATED SCHEDULE: Issue proposed amendments by August 2001; adopt amendments by November 2001; submit for legislative review by January 2002.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC Jurisdiction.


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