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04
Department of Conservation
2002-2003 Regulatory Agenda



AGENCY NAME: Department of Conservation

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

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2002-2003 RULE-MAKING ACTIVITY:

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)
AGENCY UMBRELLA-UNIT NUMBER 04-056 (Dept. of Conservation-General)
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 in December 2002
AFFECTED PARTIES: Users of lunch and campsites in the Penobscot Corridor.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

Bureau of Parks and Lands

CHAPTER 1: Rules for State Parks and Historic Sites
STATUTORY AUTHORITY: 12 MRSA, Section 1803(6)
AGENCY UMBRELLA-UNIT NUMBER 04-059 (Bureau of Parks and Lands)
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 December ,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 1803.6
AGENCY UMBRELLA-UNIT NUMBER 04-059 (Bureau of Parks and Lands)
PURPOSE: The rule establishes standards of conduct for visitors to the Allagash Wilderness Waterway. It will be amended to establish wording consistent with "core rules" for public use of the bureau's facilities and lands, clarify the original intent of certain rules, and adopt new rules to ensure proper management of the Waterway as a result of staff recommendations, the 1999 Management Plan, and a recent agreement reached among diverse stakeholders and others concerned about the management of the Waterway.
ANTICIPATED SCHEDULE: Amendments will be adopted in September, 2003.
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)
AGENCY UMBRELLA-UNIT NUMBER 04-059 (Bureau of Parks and Lands)
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 December 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)
AGENCY UMBRELLA-UNIT NUMBER 04-059 (Bureau of Parks and Lands)
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 in December 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)
AGENCY UMBRELLA-UNIT NUMBER: 04-059 (Bureau of Parks and Lands)
PURPOSE: This rule will establish new standards for the distribution of trail maintenance grants to clubs and municipalities.
ANTICIPATED SCHEDULE: Adopt amendments by September 2002.
AFFECTED PARTIES: Snowmobile clubs participating in trail maintenance grant program.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 9: Rules for Snowmobile Capital Equipment Grants-in-Aid Program
STATUTORY AUTHORITY: 12 M.R.S.A., Section 7824 (4)
AGENCY UMBRELLA-UNIT NUMBER: 04-059 (Bureau of Parks and Lands)
PURPOSE: This rule expands the rules for capital (trail grooming) equipment purchase grants, and places the rules in a separate, specific chapter. Previously theses rules were combined with the Snowmobile Club Grant-in-Aid rules, in chapter 8.
ANTICIPATED SCHEDULE: Adopt amended rules by September 2002.
AFFECTED PARTIES: Snowmobile clubs, municipalities, or counties receiving grants for assistance in the purchase of capital (trail grooming) equipment.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated.

CHAPTER 18: General ATV Trail Guidelines
STATUTORY AUTHORITY: 12 MRSA § 1893(B)
AGENCY UMBRELLA-UNIT NUMBER: 04-059 (Bureau of Parks and Lands)
PURPOSE: This rule will change the dates for the distribution of grants to clubs. ANTICIPATED SCHEDULE: Adopt amendments by spring 2003
AFFECTED PARTIES: ATV clubs participating in grant programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 160: ATV Municipal Grants-in-Aid Program
AGENCY UMBRELLA-UNIT NUMBER: 04-059 (Bureau of Parks and Lands)
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 2003.
AFFECTED PARTIES: Municipalities participating in grant programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

Land Use Regulation Commission

CHAPTER 10: Land Use Districts and Standards
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
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: standards for major and minor subdivisions; standards for development in floodplains; standards for permanent docks; maximum lot coverage; an improved definition of home occupations and winter haul roads; and identifying other activities which should be allowed according to appropriate standards as opposed to a full permit;
ANTICIPATED SCHEDULE: Issue proposed amendments by January 2003; adopt amendments by June 2003; submit for legislative review by January 2004.
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
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
STATUTORY AUTHORITY: 12 MRSA §684 and Chapter 97, Resolves of the 1st Regular Session of the 120th Legislature
PURPOSE: The Land Use Regulation Commission and the Department of Environmental Protection have adopted 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. In approving these major substantive rules, the legislature has directed DEP and LURC to evaluate the point system used to define a well-distributed stand of trees and report back no later than 1/15/03 with any recommended changes to that point system.
ANTICIPATED SCHEDULE: Submit legislative report by 1/15/03; issue appropriate proposed amendments by May 2003; adopt amendments by December 2003; submit for legislative review by January 2004.
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
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
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 2003; adopt amendments by December 2003; submit for legislative review by January 2004.
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, Planned Development Subdistrict Standards
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
STATUTORY AUTHORITY: 12 MRSA §684
PURPOSE: These changes are necessary to facilitate use of the Commission's Planned Development Subdistrict (D-PD). The description of the D-PD is proposed for amendment to allow for consideration of projects that don't meet the current size thresholds for D-PD zones but otherwise are appropriate for such consideration. The D-PD procedural criteria are also proposed for amendment to be consistent with other boundary change rules, and the limitation on a six-month extension for filing of the final development plan is proposed to be eliminated.
ANTICIPATED SCHEDULE: Issue proposed amendments by June 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

CHAPTER 1: General Provisions
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
STATUTORY AUTHORITY: 12 MRSA §684
PURPOSE: These changes are necessary to change the Commission's fee schedule as part of the administration's plan to address the current budgetary shortfall and bring the Commission's fees more in line with those charged by municipalities.
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

Maine Forest Service

CHAPTER:
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.

NEW RULE: Rules governing timber harvesting in shoreland areas
AGENCY UMBRELLA-UNIT NUMBER: 04-058 (Maine Forest Service)
STATUTORY AUTHORITY: 12 MRSA, Chapter 805, 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: If the 121st Legislature accepts a required report on the development of statewide standards for timber harvesting in shoreland areas (January 2003), Maine Forest Service may be directed to adopt rules to implement further legislative directives. The rulemaking process would begin in spring or summer 2003.
AFFECTED PARTIES: Individuals and Companies conducting commercial timber harvesting in Maine in areas adjacent to waters.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 6: Railroad Rights - of - Way Fire Prevention Plans
AGENCY UMBRELLA-UNIT NUMBER: 04-058 (Maine Forest Service)
STATUTORY AUTHORITY: 12 MRSA, Chapter 807, sub-Chapter 5, Section 9405-A
PURPOSE: This chapter complements the statute and further articulates the rules that railroad companies and the Maine Forest Service will follow in the preparation of required railroad right-of-way fire prevention plans.
ANTICIPATED SCHEDULE: Adopt rules by February 2003.
AFFECTED PARTIES: Railroad companies operating in the state of Maine.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

NEW RULE: Rules to establish quarantines of forest or shade trees or alternate host materials; and rules governing seizure, inspection, destruction or other disposition of any forest or shade tree or any material that exists within the State and is host to a plant pathogen or insect that is the subject of a quarantine
AGENCY UMBRELLA-UNIT NUMBER: 04-058 (Maine Forest Service)
STATUTORY AUTHORITY: Public Law 2001, Chapter 547, An Act to Clarify the Regulatory Authority of the Maine Forest Service Regarding Forestry-related Quarantines (12 MRSA, Chapter 803, Section 8306)
PURPOSE: This chapter specifically authorizes the Director of the Maine Forest Service to address eradication of forest diseases and pests of foreign origin.
ANTICIPATED SCHEDULE: The rulemaking process will begin in late summer/fall 2002. Final rules are anticipated by early winter 2002.
AFFECTED PARTIES: Forest and Residential Landowners
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated


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