Sec. 1. 12 MRSA §685-B, sub-§4, as amended by PL 1989, c. 430, §2, is further amended by amending the first paragraph to read:

4. Criteria for approval. In approving applications submitted to it pursuant to this section, the commission may impose such reasonable terms and conditions as the commission may deem considers appropriate. The commission may not require an applicant to perform a wetlands delineation on land that will not be disturbed by the permitted activity unless all or part of the land that will be disturbed by that activity is determined to be a wetland.

Sec. 2. Conflicting rule unenforceable. Any rule adopted by the Maine Land Use Regulation Commission that is in conflict with the Maine Revised Statutes, Title 12, section 685-B, subsection 4 is unenforceable

SUMMARY

This bill prohibits the Maine Land Use Regulation Commission from requiring that applicants for Maine Land Use Regulation Commission permits conduct a wetlands delineation on undisturbed land surrounding a proposed development unless a portion of the land to be disturbed by the development is a wetland. The bill also makes unenforceable existing Maine Land Use Regulation Commission rules that conflict with the provisions of this bill.