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Home > Agendas > 2005-2006 > Department of Conservation

2005-2006 Regulatory Agendas

04
Department of Conservation

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

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2005-2006 RULE-MAKING ACTIVITY:


058: Maine Forest Service
059: Bureau of Parks and Lands
061: Land Use Regulation Commission (LURC)



058: Maine Forest Service

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.
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, § 8306)
PURPOSE: This chapter 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 fall 2005. Final rules are anticipated by spring 2006.
AFFECTED PARTIES: Forest and residential landowners.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

AMENDED RULE: CHAPTER 20 – Forest Regeneration and Clearcutting Standards
STATUTORY AUTHORITY: 12 MRSA, Chapter 805, §8869
PURPOSE: Technical corrections to an existing major substantive rule regulating the size, arrangement, management, and regeneration of clearcuts. The rulemaking has three purposes: (1) to ensure consistent use of terminology in timber harvesting regulations administered by the Bureau; (2) to correct inconsistencies between the rule and statute governing Forest Operations Notifications; and, (3) to clarify the notification requirements for land use conversions.
ANTICIPATED SCHEDULE: Proposed amendments will be published for public comment sometime during the fall or winter of 2005. Final amendments should be adopted by late winter 2006.
AFFECTED PARTIES: Individuals and companies owning forest land and conducting commercial timber harvesting in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.

RULE REPEAL: CHAPTER 3 - Incinerators
STATUTORY AUTHORITY: 12 MRSA § 9324
PURPOSE: Rule regulated outdoor incinerators. Rule has become obsolete with passage of laws banning incinerators.
ANTICIPATED SCHEDULE: Rule will be repealed sometime during the second half of 2005.
AFFECTED PARTIES: None.
CONSENSUS-BASED RULE DEVELOPMENT: None.

RULE REPEAL: CHAPTER 22 - Certified Resource Manager Grant Program
STATUTORY AUTHORITY: 12 MRSA, Chapter 801-A, PL 2001, c. 439, Pt. KKKK, § 1
PURPOSE: Rule governing implementation of agency grant program. Rule has become obsolete due to funding elimination.
ANTICIPATED SCHEDULE: Rule will be repealed sometime during the second half of 2005.
AFFECTED PARTIES: None.
CONSENSUS-BASED RULE DEVELOPMENT: None.



059: Bureau of Parks and Lands

CHAPTER 1: Rules for State Parks and Historic Sites
STATUTORY AUTHORITY: 12 MRSA, Section 1803(6)
PURPOSE: These rules govern recreational use and other activities at state parks and state historic sites. The rules 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, 2005
AFFECTED PARTIES: Users of state parks and historic sites
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 2: Rules and Regulations for the Allagash Wilderness Waterway
STATUTORY AUTHORITY: 12 MRSA, Section 1803.6
PURPOSE: 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. The rules will be amended to 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.
ANTICIPATED SCHEDULE: Amendments will be adopted in December 2005.
AFFECTED PARTIES: Users of the Allagash Wilderness Waterway.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 2: Rules and Regulations for Lunch and Campsites in the Penobscot Corridor, Lobster Lake and Chesuncook Lake
STATUTORY AUTHORITY: 12 MRSA § 1825(4)
PURPOSE: These rules govern recreational use and related activities at the Penobscot River Corridor, Lobster Lake, and Chesuncook Lake. The rules will be amended to 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.
ANTICIPATED SCHEDULE: Adopt amendments in December 2005.
AFFECTED PARTIES: Users of lunch and campsites in the Penobscot Corridor.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 3: Maine State Aids to Navigation System
STATUTORY AUTHORITY: Title 12 MRSA, Section 1894
PURPOSE: These rules present a uniform system for the buoying of the Maine waters. These rules will be amended to restrict the lateral extent of private swim areas to no more than 50 ft of shoreline without a permit from the Bureau; and to permit municipalities to establish boat anchorages outside the water safety zone under specified conditions.
ANTICIPATED SCHEDULE: Adopt rules in December 2005.
AFFECTED PARTIES: Users of waters of the state that the Director of the Bureau of Parks and Lands has marked with aids to navigation and/or and regulatory markers, and municipalities wishing to create approved anchorages.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

CHAPTER 4: Rules and Regulations Governing Boating Facilities
STATUTORY AUTHORITY: 12 MRSA, Section 1895(2)
PURPOSE: These rules establish requirements for the control of boats, and govern recreational and other activities at State boat launching facilities. The rules will be amended to establish consistently-worded “core rules” for the bureau’s facilities and lands.
ANTICIPATED SCHEDULE: Adopt rules in December 2005.
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: These rules govern recreational use and other activities on Public Reserved lands and nonreserved public lands. The rules will be amended to establish consistently-worded “core rules” for the bureau’s facilities and lands.
ANTICIPATED SCHEDULE: Adopt amendments in December 2005.
AFFECTED PARTIES: Users of state public reserved and non-reserved lands.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 7: Rules for Snowmobile Program
STATUTORY AUTHORITY:
PURPOSE: 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. The rules will be amended to increase clarity and eliminate redundancy; to clarify the eligibility of political subdivisions and funding of multi-town trail projects; to create consistent procedures in the snowmobile and ATV municipal grant-in-aid programs; and to simplify application forms.
ANTICIPATED SCHEDULE: Adopt amendments by December 2005.
AFFECTED PARTIES: Municipalities and counties participating in this trail grant program.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 160: ATV Municipal Grants-in-Aid Program
STATUTORY AUTHORITY: 12 MRSA § 1893(B)
PURPOSE: 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. The rules will be amended to increase clarity and eliminate redundancy; to clarify the eligibility of political subdivisions and funding of multi-town projects; to create consistent procedures in the snowmobile and ATV municipal grant-in-aid programs; and to simplify application forms.
ANTICIPATED SCHEDULE: Adopt amendments by December 2005.
AFFECTED PARTIES: Municipalities and counties participating in this trail grant program.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated

CHAPTER 53: Submerged Lands Rules
STATUTORY AUTHORITY: 12 MRSA §1803(6)
PURPOSE: These rules govern the use and conveyance of Submerged Lands owned by the State of Maine and held in the public trust for the people of Maine. The rules indicate when a lease or easement of Submerged Lands is required and the process to be used in granting such leases and easements. The rules will be updated to be consistent with statutory amendments regarding large-scale projects, 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.
ANTICIPATED SCHEDULE: Adopt proposed amendments by December 2005.
AFFECTED PARTIES: Submerged Lands lease/easement applicants.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.


061: Land Use Regulation Commission (LURC)

CHAPTER 1: General Provisions, Fee Schedule
STATUTORY AUTHORITY: 12 MRSA §684
PURPOSE: These rules establish a fee schedule for the Commission. Certain fee provisions mirror fee requirements stated in Maine statutes, specifically 12 MRSA, §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

CHAPTER 1: General Provisions, Fee Schedule
STATUTORY AUTHORITY: 12 MRSA §684
PURPOSE: These rules establish a fee schedule for the Commission. These rules need to be updated to more accurately reflect the cost of processing certain permit applications, defining “development cost” as a basis for establishing certain fees, and developing any necessary rules to implement the Commission’s authority to establish a special processing fee for extraordinary projects.
ANTICIPATED SCHEDULE: Issue proposed amendments by September 2005; adopt amendment by November 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, Miscellaneous Changes
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 which have become obvious through experience gained from applying current rules including: applying rules to entire jurisdiction that now apply only to Rangeley area, differentiating between different types of trails, clarifying clustering provisions for subdivisions, defining expansion of nonconforming structures, rules for special events, and identifying situations where deer wintering areas may need to be protected through other than the normal procedure because of rapidly changing ownerships.
ANTICIPATED SCHEDULE: Issue proposed amendments by October 2005; adopt amendments by December 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 4: Rules of Practice
STATUTORY AUTHORITY: 12 MRSA §684
PURPOSE: These rules need to be updated to address several issues including identifying when a request for a public hearing may be addressed by staff rather than the Commission.
ANTICIPATED SCHEDULE: Issue proposed amendments by September 2005; adopt amendments by November 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
STATUTORY AUTHORITY: 12 MRSA §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 2006; adopt amendments by July 2006; submit for legislative review by January 2007.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC
Jurisdiction.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated