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04-058 - Maine Forest Service
04-059 - Bureau of Parks and Lands
04-061 - Land Use Regulation Commission

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

04-058
Maine Forest Service

EXPECTED 2003-2004 RULE-MAKING ACTIVITY:

1 - NEW RULE: CHAPTER 21: Rules governing timber harvesting in shoreland areas
AGENCY UMBRELLA-UNIT NUMBER: 04-058 (Maine Forest Service)
STATUTORY AUTHORITY: 12 MRSA, Chapter 805, §8867-B, as amended by PL 2003, Chapter 335
PURPOSE: Routine technical rules for statewide forestry water quality standards, placing regulatory responsibility for forestry water quality standards on the Maine Forest Service. Future amendments will be major substantive.
ANTICIPATED SCHEDULE: Rules will be published for public comment sometime in October 2003. Rules will be adopted by the end of 2003.
AFFECTED PARTIES: Individuals and companies conducting commercial timber harvesting in Maine in areas adjacent to waters.
CONSENSUS-BASED RULE DEVELOPMENT: Was conducted in 2002.

2 - NEW RULE: Rules to substantially eliminate liquidation harvesting
AGENCY UMBRELLA-UNIT NUMBER: 04-058 (Maine Forest Service)
STATUTORY AUTHORITY: 12 MRSA, Chapter 805, §8869, sub-§14, and as directed by PL 2003, Chapter 422
PURPOSE: Major substantive rules to "substantially eliminate" liquidation harvesting.
ANTICIPATED SCHEDULE: Stakeholder group in process of advising MFS on development of rule. Rules will be published for public comment sometime in November or December 2003. Rules will be provisionally adopted and submitted for legislative approval by the end of January 2004.
AFFECTED PARTIES: Individuals and companies conducting commercial timber harvesting in Maine on forest land held for 5 years or less.
CONSENSUS-BASED RULE DEVELOPMENT: The department has convened a stakeholder group to advise it on development of the rule.

CHAPTER: New Rule
AGENCY UMBRELLA-UNIT NUMBER: (Maine Forest Service)
STATUTORY AUTHORITY: 12 MRSA §8306
PURPOSE: These rules
A. Establish process for establishing quarantines for nonnative insect/disease pests of forest and shade trees for those situations for which there are not preexisting state or federal quarantines
B. Establish a process for seizure, inspection, and disposition of any forest or shade tree (or other material) that is host for a quarantined plant insect or disease.
ANTICIPATED SCHEDULE: Develop draft rules November 2003; Conduct public hearings regarding in rules January 2004; Issue final rules by end of January 2004.
AFFECTED PARTIES: Landowners and others whose forest and shade tree resources may be impacted by either quarantine on movement of infested material or by condemnation and disposition of infested material.
CONSENSUS-BASED RULE DEVELOPMENT: Input from potentially impacted parties will be sought and considered.

04-059
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, 2003
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 clarify and revise that portion of the rule pertaining to winter access to the Waterway by snowmobiles.
ANTICIPATED SCHEDULE: Amendments will be adopted in December 2003.
AFFECTED PARTIES: Users of the Allagash Wilderness Waterway.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

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 2003.
AFFECTED PARTIES: Users of lunch and campsites in the Penobscot Corridor.
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 2003.
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 2003.
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 municipalities.
ANTICIPATED SCHEDULE: Adopt amendments by May 2004.
AFFECTED PARTIES: Snowmobile clubs participating in trail maintenance grant program.
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 2004
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 2004.
AFFECTED PARTIES: Municipalities participating in grant programs.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 53: Submerged Lands Rules
AGENCY UMBRELLA-UNIT NUMBER: 04-059 (Bureau of Parks and Lands)
STATUTORY AUTHORITY: 12 MRSA §1803
PURPOSE: This rule will incorporate recent statutory amendments establishing violations of rules as civil violations rather than a Class E crime and to increase application fees for projects begun prior to bureau approval. In addition, the proposed amendments would exempt certain federal projects and shoreline stabilization projects from leasing requirements and clarify standards for submerged cables.
ANTICIPATED SCHEDULE: Adopt proposed amendments March 2004.
AFFECTED PARTIES: Lease applicants
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

04-061
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; and a variety of miscellaneous changes including provisions for disability variances, nonconforming uses, signs on trails, building height limitations, and permit expirations.
ANTICIPATED SCHEDULE: Issue proposed amendments by September 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, Shoreland Development
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
STATUTORY AUTHORITY: 12 MRSA §684
PURPOSE: These rules need to be updated to address several shoreland development issues including standards for development in floodplains; standards for permanent docks; and maximum lot coverage.
ANTICIPATED SCHEDULE: Issue proposed amendments by January 2004; adopt amendments by March 2004; submit for legislative review by January 2005.
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. [report submitted but no legislative action taken]
ANTICIPATED SCHEDULE: Resubmit legislative report by 1/15/04; issue appropriate proposed amendments by May 2004; adopt amendments by July 2004; submit for legislative review by January 2005.
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 was directed to provisionally adopt rules to establish performance standards for timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters. The legislature approved these rules, and has directed the Land Use Regulation Commission and DEP to amend their timber harvesting rules to be consistent by January 2006.
ANTICIPATED SCHEDULE: Issue proposed amendments by July 2004; adopt amendments by September 2004; submit for legislative review by January 2005.
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 to provide for more appropriate fees for projects which require a substantial amount of staff time.
ANTICIPATED SCHEDULE: Issue proposed amendments by October 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

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