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Home > Agendas > 2006-2007 > Department of Conservation

2006-2007 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 2006-2007 RULE-MAKING ACTIVITY:


058: Maine Forest Service
061: Land Use Regulation Commission (LURC)



058: Maine Forest Service

1 - 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 2006. Final rules are anticipated by spring 2007.
AFFECTED PARTIES: Forest and residential landowners.
CONSENSUS-BASED RULE DEVELOPMENT: Not contemplated.

2- 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 2006. Final amendments should be adopted by late winter 2007.
AFFECTED PARTIES: Individuals and companies owning forest land and conducting commercial timber harvesting in Maine.
CONSENSUS-BASED RULE DEVELOPMENT: Not anticipated.

3- 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 2006 or early 2007.
AFFECTED PARTIES: None.
CONSENSUS-BASED RULE DEVELOPMENT: None.

4 - 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 2006 or early 2007.
AFFECTED PARTIES: None.
CONSENSUS-BASED RULE DEVELOPMENT: None.



061: Land Use Regulation Commission

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 2006; adopt amendment by November 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

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 2006; adopt amendments by December 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