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Home > Agendas > 2008-2009 > Department of Conservation

2008-2009 Regulatory Agendas

04
Department of Conservation

CONTACT PERSON: Eliza Townsend, 22 SHS, Augusta, ME 04333, 287-4901

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 2008-2009 RULE-MAKING ACTIVITY:

CHAPTER 10: Land Use Districts and Standards, Matters Concerning Wind Power Development
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
STATUTORY AUTHORITY: 12 MRSA §684
PURPOSE: PL 2008, Chapter 661, “An Act to Implement Recommendations of the Governor’s Task Force on Wind Power Development”, requires the Commission to adopt certain rules by September 2008 to implement portions of the Act.
ANTICIPATED SCHEDULE: Issue proposed amendments by June 2008; adopt amendments by August 2008; submit for legislative review by January 2009.
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
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 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, revisions to flood plain management rules to comply with FEMA requirement.
ANTICIPATED SCHEDULE: Issue proposed amendments by February 2009; adopt amendments by May 2009; submit for legislative review by January 2010.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC Jurisdiction.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated

CHAPTER 4: Rules of Practice
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 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 May 2009; adopt amendments by July 2009; submit for legislative review by January 2010.
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 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 March 2009; adopt amendments by July 2009; submit for legislative review by January 2010.
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, Rules to Implement Comprehensive Land Use Plan recommendations
AGENCY UMBRELLA-UNIT NUMBER: 04-061 (Land Use Regulation Commission)
STATUTORY AUTHORITY: 12 MRSA §684
PURPOSE: The Commission anticipates adopting its revised Comprehensive Plan in 2009. It is expected there will be certain recommendations contained in the Plan that will require rule changes to implement.
ANTICIPATED SCHEDULE: Issue proposed amendments by June 2009; adopt amendments by September 2009; submit for legislative review by January 2010.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC jurisdiction.
CONSENSUS-BASED RULE DEVELOPMENT: not contemplated