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04
Department of Conservation
2004-2005 Regulatory Agenda


04-056 - Bureau of General Services
04-058 - Maine Forest Service
04-059 - Bureau of Parks and Lands
04-061 - Land Use Regulation Commission


AGENCY UMBRELLA-UNIT NUMBER: 04-056
AGENCY NAME: Bureau of General Services

CONTACT PERSON: Karin Tilberg, 22 SHS, Augusta, ME 04333-0022, 287-4901

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 2:
TITLE: Rules and Regulations for Lunch and Campsites in the Penobscot River Corridor, Lobster Lake and Chesuncook Lake
STATUTORY OR OTHER BASIS: 12 M.R.S.A. Section 9341, repealed and replaced by 12 M.R.S.A. Section 1825 (4)
PURPOSE OF THE RULE: These rules govern recreational use and related activities at the Penobscot River Corridor, Lobster Lake, and Chesuncook Lake. Proposed rule changes will establish consistently-worded "core rules" for pubic use of the bureau's facilities and lands; provide for fee changes on corridor and associated lands; and move rules from the General Services Bureau 04-056 to the Bureau of Parks and Lands 04-059.
SCHEDULE FOR ADOPTION: June through October 2004
LISTING OF AFFECTED PARTIES: Visitors to and users of the Penobscot River Corridor, Lobster Lake, and Chesuncook Lake
PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None contemplated


AGENCY UMBRELLA-UNIT NUMBER: 04-058
AGENCY NAME: Maine Forest Service

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

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

NEW RULE CHAPTER 21: Rules governing timber harvesting in shoreland areas
STATUTORY AUTHORITY: 12 M.R.S.A., 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 during the summer of 2004. Rules will be adopted by the fall of 2004.
AFFECTED PARTIES: Individuals and companies conducting commercial timber harvesting in Maine in areas adjacent to waters.
CONSENSUS-BASED RULE DEVELOPMENT: Was conducted in 2002.

AMENDED RULE CHAPTER 20: Forest Regeneration and Clearcutting Standards
STATUTORY AUTHORITY: 12 M.R.S.A., Chapter 805, §8869
PURPOSE: Technical corrections to an existing major substantive rule regulating the size, arrangement, management, and regeneration of clearcuts. Purpose of the rulemaking is to ensure consistent use of terminology in timber harvesting regulations administered by the Bureau.
ANTICIPATED SCHEDULE: Proposed amendments will be published for public comment sometime during the fall or winter of 2004. Final amendments should be adopted by late winter 2005.
AFFECTED PARTIES: Individuals and companies owning forest land and conducting commercial timber harvesting in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.


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

CONTACT PERSON: Karin Tilberg, 22 SHS, Augusta, ME 04333-0022, 287-4901

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

CHAPTER 1:
TITLE: Rules for State Parks and Historic Sites
STATUTORY OR OTHER BASIS: 12 M.R.S.A. Section 1803 (6)
PURPOSE OF THE RULE: These rules govern recreational use and other activities at state parks and state historic sites. Proposed rule changes will establish consistently-worded "core rules" for pubic use of the bureau's facilities and lands.
SCHEDULE FOR ADOPTION: June through October 2004
LISTING OF AFFECTED PARTIES: Visitors to and users of state parks and historic sites
PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None contemplated

CHAPTER 2:
TITLE: Rules and Regulations for the Allagash Wilderness Waterway
STATUTORY OR OTHER BASIS: 12 M.R.S.A. Section 1803 (6)
PURPOSE OF THE RULE: These rules govern public recreational uses of the Allagash Wilderness Waterway; and approval and notification of timber harvesting, herbicide applications, and new construction in the Quarter Mile Zone. Proposed rule changes will establish consistently-worded "core rules" for pubic use of the bureau's facilities and lands; make rules consistent with the River Drivers' Agreement and the Memorandum of Agreement with the National Parks Service; and revise rules governing winter use.
SCHEDULE FOR ADOPTION: June through October 2004
LISTING OF AFFECTED PARTIES: Visitors to and users of the Allagash Wilderness Waterway
PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None contemplated

CHAPTER 3:
TITLE: Maine State Aids to Navigation System
STATUTORY OR OTHER BASIS: 12 M.R.S.A. 1894
PURPOSE OF THE RULE: These rules present a uniform system for the buoying of Maine waters. Proposed rule changes will permit qualified municipalities to establish and administer recreational boat anchorages on non-tidal waters.
SCHEDULE FOR ADOPTION: June through October 2005
LISTING OF AFFECTED PARTIES: Municipalities that provide recreational boat anchorages on non-tidal waters and users of those anchorages
PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None contemplated

CHAPTER 4:
TITLE: Rules and Regulations Governing Boating Facilities
STATUTORY OR OTHER BASIS: 12 M.R.S.A. Section 1803 (6)
PURPOSE OF THE RULE: These rules establish requirements for the control of boats, and govern recreational and other activities at State boat launching facilities. Proposed rule changes will establish consistently-worded "core rules" for pubic use of the bureau's facilities and lands.
SCHEDULE FOR ADOPTION: June through October 2004
LISTING OF AFFECTED PARTIES: Visitors to and users of state boat launching facilities managed by the Bureau and waters immediately surrounding the facilities
PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None contemplated

CHAPTER 7:
TITLE: Rules for Snowmobile Program
STATUTORY OR OTHER BASIS: Title 12 M.R.S.A. §7824 (4B)
PURPOSE OF THE RULE: These rules set forth the Bureau's procedures for making grants-in-aid to political subdivisions for the construction and/or maintenance of snowmobile trails. Proposed rule changes will update rules to address the funding percentage available to towns, municipalities, and counties; and rephrase certain provisions to increase clarity and eliminate redundancy.
SCHEDULE FOR ADOPTION: June through October 2004
LISTING OF AFFECTED PARTIES: Political subdivisions of the state (towns, municipalities, & counties)
PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None contemplated

CHAPTER 18:
TITLE: ATV Municipal Grant-In-Aid Program
STATUTORY OR OTHER BASIS: Title 12 1893 (2A)
PURPOSE OF THE RULE: These rules set forth the Bureau's procedures for making grants-in-aid to political subdivisions for the construction and/or maintenance of ATV trails. Proposed rule changes will update rules to address the funding percentage available to towns, municipalities, and counties; and rephrase certain provisions to increase clarity and eliminate redundancy.
SCHEDULE FOR ADOPTION: June through October 2004
LISTING OF AFFECTED PARTIES: Political subdivisions of the state (towns, municipalities, & counties)
PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None contemplated

CHAPTER 51:
TITLE: Use of "Public Lands"
STATUTORY OR OTHER BASIS: 12 M.R.S.A. Section 1803 (6)
PURPOSE OF THE RULE: These rules define "Public Lands" and explain bureau policy governing public use with respect to camping, fires, litter, disturbances, altering of property, abandoned property, storage of property, closed areas, vehicular use, firearms, preserves, and enforcement and penalty. Proposed rule changes will establish consistently-worded "core rules" for pubic use of the bureau's facilities and lands.
SCHEDULE FOR ADOPTION: June through October 2004
LISTING OF AFFECTED PARTIES: Visitors to and users of the Public Reserved Lands of the State and all other lands under the jurisdiction and control of the former Bureau of Public Lands
PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None contemplated

CHAPTER 53:
TITLE: Submerged Lands Rules
STATUTORY OR OTHER BASIS: 12 M.R.S.A. Section 1803 (6)
PURPOSE OF THE RULE: The purposes of these Rules are to ensure a consistent and standard approach to the management of the Submerged Lands of Maine; to protect customary and traditional public access ways to, and public trust rights in, on or over the Submerged Lands and the waters above those lands; to protect fishing and other existing marine uses of the Submerged Lands; to protect ingress and egress of riparian owners; to balance competing uses in, on or over Submerged Lands; and to provide procedures for the issuance of conveyances for use of Submerged Lands. Proposed rule changes will update rules to be consistent with statutory amendments regarding administrative fees and rule violations; exempt certain activities from the submerged lands leasing program; and address standards for cable and pipeline placement, abandoned structures, and the location of low water line and littoral boundaries on submerged lands.
SCHEDULE FOR ADOPTION: July through October 2004
LISTING OF AFFECTED PARTIES: Shorefront property owners and others proposing development on public submerged lands
PLANNED USE OF CONSENSUS-BASED RULE DEVELOPMENT: None contemplated


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

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

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2004-2005 RULE-MAKING ACTIVITY:

Amendment filed June 7, 2005:
CHAPTER 1: General Provisions, Fee Schedule
STATUTORY AUTHORITY: 12 M.R.S.A. §684
PURPOSE: These rules establish a fee schedule for the Commission. Certain fee provisions mirror fee requirements stated in Maine statutes, specifically 12 M.R.S.A. §685-B(2)(B). LD 117 of the 122nd Legislature amended this section of law eliminating a fee exemption for petitions to rezone land from management district to development district. The Commission is proposing to make a change in its fee schedule to mirror this change in law.
ANTICIPATED SCHEDULE: Issue proposed amendment by June 2005; adopt amendment by August 2005; submit for legislative review by January 2006.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC jurisdiction.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated.


Agenda dated May 5, 2004:
CHAPTER 10: Land Use Districts and Standards, Vegetation Clearing Standards
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
STATUTORY AUTHORITY: 12 M.R.S.A. §684
PURPOSE: These rules establish standards for vegetation clearing in shoreland and road vegetative buffers. The 121st Legislature approved LD 1858, which amends the vegetation clearing standards within the Natural Resources Protection Act. The legislature expects LURC to amend its rules to be consistent with these changes to NRPA.
ANTICIPATED SCHEDULE: Issue proposed amendments by June 2004; adopt amendments by August 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, Shoreland Development
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
STATUTORY AUTHORITY: 12 M.R.S.A. §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 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 10: Land Use Districts and Standards, Standards for Timber Harvesting
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
STATUTORY AUTHORITY: 12 M.R.S.A. §684 and Chapter 695, Public Laws of the 2nd Regular Session of the 119th Legislature
PURPOSE: The Department of Conservation, Maine Forest Service 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 January 2005; adopt amendments by September 2005; submit for legislative review by January 2006.
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, Aquifer Protection
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
STATUTORY AUTHORITY: 12 M.R.S.A. §684
PURPOSE: The Commission established the Aquifer Protection Subdistrict many years ago, but, up until now, has not had the necessary information to apply the zone except in very limited situations. With the recent availability of sand and gravel aquifer mapping and the wellhead protection program, the issue of the Commission's protection of groundwater supplies needs to be reviewed and revised as appropriate.
ANTICIPATED SCHEDULE: Issue proposed amendments by January 2005; adopt amendments by July 2005; submit for legislative review by January 2006.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC
Jurisdiction.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated