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04 - Department of Conservation
2001-2002 Regulatory Agenda



AGENCY NAME: Department of Conservation

CONTACT PERSON: Dawn Gallagher, 22 SHS, Augusta, ME 04333, (207) 287-4901.

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2001-2002 RULE-MAKING ACTIVITY:


UMBRELLA-UNIT NUMBER: 04-056
AGENCY: Department of Conservation - General

CHAPTER 2: Rules for Lunch and Camp Sites in Penobscot Corridor, and Lobster and Chesuncook Lake
STATUTORY AUTHORITY: 12 MRSA 1825(4)
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. The rule will be amended to establish consistently-worded "core rules" for the bureau's facilities and lands.
ANTICIPATED SCHEDULE: Adopt amendments by spring 2002
AFFECTED PARTIES: Users of lunch and campsites in the Penobscot Corridor.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


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

CHAPTER 1: Rules for State Parks and Historic Sites
STATUTORY AUTHORITY: 12 MRSA, Section 1803(6)
PURPOSE: The rule establishes limits on public use and activities at state parks and state historic sites and will be amended to establish consistently-worded "core rules" for pubic use of the bureau's facilities and lands.
ANTICIPATED SCHEDULE: Adopt proposed amendments in spring 2002
AFFECTED PARTIES: Users of state parks and historic sites
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 2: Rules for the Allagash Wilderness Waterway
STATUTORY AUTHORITY: 12 MRSA, Section 1883
PURPOSE: The rule establishes standards of conduct for visitors to the Allagash WildernessWaterway. It will be amended to establish updated authorized snowmobile access routes and to establish consistently-worded "core rules" for public use of the bureau's facilities and lands.
ANTICIPATED SCHEDULE: Amendments will be adopted by January 1, 2002
AFFECTED PARTIES: Users of the Allagash Wilderness Waterway.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 4: Rules and Regulations Governing Boating Facilities
STATUTORY AUTHORITY: 12 MRSA, Section 1895(2)
PURPOSE: This rule establishes rules for the public use of state-owned boat launching sites and associated land. The rule will be amended to establish consistently-worded "core rules" for the bureau's facilities and lands.
ANTICIPATED SCHEDULE: Adopt rules in spring 2002
AFFECTED PARTIES: Users of state-owned boat launching sites and associated land.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 51: Use of Public Lands
STATUTORY AUTHORITY: 12 MRSA 1803(6)
PURPOSE: The rule establishes rules for the public use of public reserved and non-reserved lands. The rule will be amended to establish consistently-worded "core rules" for the bureau's facilities and lands.
ANTICIPATED SCHEDULE: Adopt amendments by spring 2002
AFFECTED PARTIES: Users of state public reserved and non-reserved lands.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 8: Rules for Snowmobile Club Grants-in-aid Program
STATUTORY AUTHORITY: 12 MRSA 7824(4.B.1)
PURPOSE: This rule will establish new standards for the distribution of grants to clubs and municipalities.
ANTICIPATED SCHEDULE: Adopt amendments by summer 2002.
AFFECTED PARTIES: Snowmobile clubs participating in grant programs.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 18: General ATV Trail Guidelines
STATUTORY AUTHORITY: 12 MRSA 1893(B)
PURPOSE: This rule will change the dates for the distribution of grants to clubs.
ANTICIPATED SCHEDULE: Adopt amendments by spring 2002
AFFECTED PARTIES: ATV clubs participating in grant programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 160: ATV Municipality Grants-in-Aid Program
STATUTORY AUTHORITY: 12 MRSA 1893(B)
PURPOSE: This rule will change the dates for the distribution of grants to municipalities and allow for an increase to the maximum percentage paid by state if funds are available.
ANTICIPATED SCHEDULE: Adopt amendments by spring 2002.
AFFECTED PARTIES: Municipalities participating in grant programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated


UMBRELLA-UNIT NUMBER: 04-061
AGENCY: Land Use Regulation Commission

CHAPTER 10: Land Use Districts and Standards
STATUTORY AUTHORITY: 12 MRSA 684
PURPOSE: These rules establish land use standards for lands under LURC jurisdiction. They need to be updated to address several issues including: incorporate statutory changes from 119th Legislature; standards for development in floodplains; standards for permanent docks; maximum lot coverage; an improved definition of home occupations and winter haul roads; 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 September 2001; adopt amendments by December 2001; submit for legislative review by January 2002.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC
Jurisdiction.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 10: Land Use Districts and Standards, Standards for Clearing Vegetation
STATUTORY AUTHORITY: 12 MRSA 684 and Chapter 116, Resolves of the 2nd Regular Session of the 119th Legislature
PURPOSE: The Land Use Regulation Commission and the Department of Environmental Protection have been directed by the legislature to provisionally adopt rules 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 that resolve inconsistencies between the two agencies' regulations.
ANTICIPATED SCHEDULE: Issue proposed amendments by August 2001; adopt amendments by December 2001; submit for legislative review by January 2002.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC
Jurisdiction.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 10: Land Use Districts and Standards, Standards for Timber Harvesting
STATUTORY AUTHORITY: 12 MRSA 684 and Chapter 695, Public Laws of the 2nd Regular Session of the 119th Legislature
PURPOSE: The Department of Conservation has been directed to provisionally adopt rules to establish performance standards for timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters. Should the legislature approve these rules, the Land Use Regulation Commission will need to amend its timber harvesting rules to be consistent.
ANTICIPATED SCHEDULE: Issue proposed amendments by August 2002; adopt amendments by December 2002; submit for legislative review by January 2003.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC
Jurisdiction.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Rules governing administration of cost share program for independent 3rd party certification of forest resource managers.
STATUTORY AUTHORITY: 12 MRSA chapter 801-A, Sections 8011 - 8013.
PURPOSE: Routine technical rules to establish procedures for administering a cost share grant program to encourage licensed foresters to seek independent 3rd party certification as forest resource managers.
ANTICIPATED SCHEDULE: The rulemaking process will begin in spring 2002. Final rules are anticipated by end of summer 2002.
AFFECTED PARTIES: Consulting Foresters
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


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