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04
Department of Conservation
1998-99 Regulatory Agenda


058 - Bureau of Forestry
059 - Bureau of Parks and Lands
061 - Land Use Regulation Commission (LURC)


04-059 - Bureau of Parks and Lands
CONTACT PERSON: Herb Hartman, Statehouse Station 22, Harlow Building, Augusta, ME 04333. Tel: 287-4961

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULEMAKING ACTIVITY: In 1998, the Maine legislature consolidated the Bureau of Public Lands with the Bureau of Parks to form the Bureau of Parks and Lands. (LD1852; PL Chap. 678). The rules of the former Bureau of Public Lands were under umbrella 04-063. All Parks and Lands rules now fall under the agency umbrella 04-059. Several of the rules scheduled for rulemaking activity share the same chapter number because one is under 04-059 while the other is under 04-063. The chapter number for any Public Lands rule having the same chapter number as a Parks rule, will be changed as the Public Lands rules are revised. For purposes of clarity, rules under the old 04-063 category will be designated by an " * ".

CHAPTER 2: Rules for Lunch and Camp Sites in Penobscot Corridor, and Lobster and Chesuncook Lake
STATUTORY AUTHORITY: 12 MRSA 1803(6)
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.
ANTICIPATED SCHEDULE: Issue proposed amendments by 10/1/98; adopt amendments by 1/1/99.
AFFECTED PARTIES: Users of lunch and camp sites

CHAPTER 1: Rules for State Parks and Historic Sites
STATUTORY AUTHORITY: 12 MRSA 1803(6)
PURPOSE: The rule establishes standards to protect the safety of the public and protect and preserve state parks and historic sites. It will updated to include public lands and to add new standards.
ANTICIPATED SCHEDULE: Issue proposed amendments by 8/1/98; adopt amendments by 10/1/98.
AFFECTED PARTIES: Users of state parks, public lands, and historic sites.

CHAPTER 2: Rules for Allagash Wilderness Waterway
STATUTORY AUTHORITY: 12 MRSA 1803(6)
PURPOSE: The rule establishes standards of conduct for visitors to the waterway. It will be updated to include the standards adopted under the waterway plan.
ANTICIPATED SCHEDULE: Issue proposed amendments by 10/1/98; adopt amendments by 1/1/99.
AFFECTED PARTIES: Users of the Allagash Wilderness Waterway.

CHAPTER 4: Rules Governing Boating Facilities
STATUTORY AUTHORITY: 12 MRSA 1803(6)
PURPOSE: The rule establishes standards to protect the public and boating facilities. It will be updated to include new standards to facilitate safe use of boating facilities.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/99; adopt amendments by 5/30/99.
AFFECTED PARTIES: Users of state boating facilities.

*CHAPTER 1: Use of Public Lands
STATUTORY AUTHORITY: 12 MRSA 1803(6)
PURPOSE: The rule establishes standards to manage public lands. It will be updated to include new standards to facilitate safe use of public lands and to change the designation from the old Public Lands 04-063, to Bureau of Parks and Lands 04-059.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/99; adopt amendments by 5/30/99.
AFFECTED PARTIES: Users of state public lands.

*CHAPTER 3: Use of Public Submerged Lands
STATUTORY AUTHORITY: 12 MRSA 1803(6)
PURPOSE: The rule establishes standards for the use of submerged lands. It will be updated to include new standards to facilitate safe use of submerged lands and protect public trust interests. It will also be amended to change the designation from the old Public Lands 04-063, to Bureau of Parks and Lands 04-059.
ANTICIPATED SCHEDULE: Issue proposed amendments by 10/1/98; adopt amendments by 1/1/99.
AFFECTED PARTIES: Users of state submerged lands.

*CHAPTER 4: Bear Baiting Rules
STATUTORY AUTHORITY: 12 MRSA 1803(6)
PURPOSE: The rule establishes standards for the use of baits to hunt bears. It will be updated to include new standards and amended to change the designation from the old Public Lands 04-063, to Bureau of Parks and Lands 04-059.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/99; adopt amendments by 5/30/99.
AFFECTED PARTIES: Hunters of Bear.
AGENCY UMBRELLA-UNIT NUMBER: 04-061


04-061 - Land Use Regulation Commission (LURC)
CONTACT PERSON: Fred Todd, Statehouse Station 22, Harlow Building, Augusta, ME 04333. Tel: 287-2631

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULEMAKING ACTIVITY

CHAPTER 1: General Provisions
CHAPTER 3: Delegations of Authority to Staff
CHAPTER 4: Rules of Practice
CHAPTER 5: Conduct of Public Hearings
CHAPTER 7: Regulation of Public Utilities
CHAPTER 16: Subdivision Rules
CHAPTER 17: LURC Jurisdiction over Brighton Plantation
STATUTORY AUTHORITY: 12 MRSA 684
PURPOSE: These rules establish standards for LURC proceedings and the use of lands under LURC jurisdiction. They will be updated to comply with current legislation and to be consistent, where appropriate, with land use practices in organized areas.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/99; adopt amendments by 5/30/99.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC jurisdiction.

CHAPTER 10: Land Use Districts and Standards
STATUTORY AUTHORITY: 12 MRSA 684
PURPOSE: These rules establish land use standards for lands under LURC jurisdiction. They will be updated to comply with the current legislation to include: Comprehensive Land Use Plan and specific zoning plans; PL 739 banning personal water craft on selected lakes; and public and private boat launches.
ANTICIPATED SCHEDULE: Amendments may be proposed and adopted throughout this period. The personal water craft rule is expected to be adopted by October 1, 1998. The boat launch rule is expected to be adopted by early 1999.
AFFECTED PARTIES: Landowners and others who hold interests in lands under LURC jurisdiction and members of the public who use personal water craft and boat launches.


04-058 - Bureau of Forestry
CONTACT PERSON: Tom Parent or Don Mansius, Statehouse Station 22, Harlow Building, Augusta, ME 04333. Tel: 287-4990

EMERGENCY RULES ADOPTED SINCE LAST REGULATORY AGENDA: None

EXPECTED 1998-99 RULEMAKING ACTIVITY:

CHAPTER 3: Incinerators
STATUTORY AUTHORITY: 12 MRSA 8002
PURPOSE: The rule establishes standards for issuing condition permits for incinerators. It will be amended to update standards consistent with existing law.
ANTICIPATED SCHEDULE: Issue proposed amendments by 10/1/98; adopt amendments by 1/1/99.
AFFECTED PARTIES: Incinerator users not covered by DEP.

CHAPTER 4: Silvicultural Treatment
STATUTORY AUTHORITY: 12 MRSA 8002
PURPOSE: The rule established standards for implementing the spruce bud worm program during the epidemic. It will be amended or repealed consistent with existing law.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/99; adopt amendments by 5/30/99.
AFFECTED PARTIES: public and private landowners

CHAPTER 5: Railroad Right-of-Way Fire Prevention Plans
STATUTORY AUTHORITY: 12 MRSA 9405
PURPOSE: The rule established standards for implementing a fire prevention program for railroad right-of-ways. It will be repealed consistent with existing law.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/99; adopt amendments by 5/30/99.
AFFECTED PARTIES: owners of railroad right-of-ways.

CHAPTER 20: Forest Regeneration and Clear Railroad Right-of-Way Fire Prevention Plans
STATUTORY AUTHORITY: 12 MRSA 9405
PURPOSE: The rule established standards for implementing a fire prevention program for railroad right-of-ways. It will be repealed consistent with existing law.
ANTICIPATED SCHEDULE: Issue proposed amendments by 3/1/99; adopt amendments by 5/30/99.
AFFECTED PARTIES: owners of railroad right-of-ways.


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