H.P. 1493 - L.D. 2092
An Act to Clarify Certain Laws Pertaining to the Department of Environmental Protection, Bureau of Land and Water Quality
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §480-B, sub-§1, as enacted by PL 1987, c. 809, §2, is amended to read:
1. Coastal sand dune systems. "Coastal sand dune systems" means sand and gravel deposits within a marine beach system, including, but not limited to, beach berms, frontal dunes, dune ridges, back dunes and other sand and gravel areas deposited by wave or wind action. Coastal sand dunes dune systems may extend into the coastal wetlands.
Sec. 2. 38 MRSA §482, sub-§5, as amended by PL 1995, c. 704, Pt. A, §5 and affected by Pt. C, §2, is further amended by amending the first paragraph to read:
5. Subdivision. A "subdivision" is the division of a parcel of land into 5 or more lots, other than lots for single-family, detached, residential housing, common areas or open space, to be offered for sale or lease to the general public during any 5-year period, if the aggregate land area includes more than 20 acres; or the division of a parcel of land into 15 or more lots except that when all lots are for single-family, detached, residential housing, common areas or open space, a "subdivision" is the division of a parcel of land into 15 or more lots to be offered for sale or lease to the general public within any 5-year period, if the aggregate land area includes more than 30 acres. The aggregate land area includes lots to be offered together with the roads, common areas, easement areas and all portions of the parcel of land in which rights or interests, whether express or implied, are to be offered. This definition of "subdivision" is subject to the following exceptions:
Sec. 3. 38 MRSA §488, sub-§18, ¶E, as enacted by PL 1995, c. 493, §7, is amended to read:
E. For purposes of this subsection only, "roundwood" means logs, bolts and other round sections of wood as they are cut from the tree and split firewood.
Sec. 4. 38 MRSA §488, sub-§19, as amended by PL 1997, c. 485, §1, is further amended by amending the first paragraph to read:
19. Municipal capacity. A structure, as defined in section 482, subsection 6, that is from 3 acres up to and including 7 acres or a subdivision, as defined in section 482, subsection 5, that is made up of 15 or more lots for single-family, detached, residential housing, common areas or open space with an aggregate area of from 30 acres up to and including 100 acres is exempt from review under this article if located wholly within a municipality or municipalities having delegated review pursuant to section 489-A or meeting the criteria in paragraphs A to D as determined by the department. The planning board of the municipality in which the development is located or an adjacent municipality may petition the commissioner to review such a structure or subdivision if it has regional environmental impacts. This petition must be filed within 20 days of the receipt of the application by the municipality. State jurisdiction must be exerted, if at all, within 30 days of receipt of the completed project application by the commissioner from the municipality or within 30 days of receipt of any modification to that application from the municipality. Review by the department is limited to the identified regional environmental impacts. The criteria are as follows:
Sec. 5. 38 MRSA §489-A, sub-§4, as amended by PL 1993, c. 383, §27 and affected by §42, is further amended to read:
4. Suspension of registration. If the commissioner finds that a municipality no longer meets the criteria set forth under subsection 2 or 2-A, or is not adequately implementing those requirements, the commissioner may suspend the registration and shall notify the municipality accordingly. The notice must contain findings of fact and conclusions of law. If registration is suspended, the commissioner shall recommend actions for the municipality to come into compliance with this section. The commissioner may waive the suspension for new projects that have received at least one substantive municipal review prior to the suspension of registration. If the department determines that a municipality meets the criteria specified in section 488, subsection 19, the department shall suspend the registration for the type of development exempt from review in that municipality pursuant to section 488, subsection 19.
Sec. 6. 38 MRSA §490-D, sub-§3-A, as amended by PL 1995, c. 700, §24, is further amended to read:
3-A. Medium borrow pits unlicensed on October 1, 1993. Notwithstanding subsection 3, the following provisions apply to a medium borrow pit that on October 1, 1993 was not licensed under article 6 and on which gravel had been extracted to a level less than 5 feet above, at or below the seasonal high water table.
The medium borrow pit owner or operator may not further excavate in areas where gravel had been extracted to a level less than 5 feet above, at or below the seasonal high water table unless a variance is granted by the department.
A. The department may not require the medium borrow pit owner or operator to elevate the medium borrow pit floor to 5 feet or more above the seasonal high water table as a condition of operation.
C. The medium borrow pit owner or operator may reclaim as a pond that area of the medium borrow pit less than 5 feet above on which gravel had been extracted to a level at or below the seasonal high water table.
Sec. 7. PL 1995, c. 704, Pt. A, §23, sub-§3, as amended by PL 1997, c. 502, §12, is further amended to read:
3. A municipality with delegated authority pursuant to the Maine Revised Statutes, Title 38, section 489-A prior to the effective date of this Act continues to have delegated authority following the effective date of this Act and is presumed to have capacity pursuant to Title 38, section 488, subsection 19 as of the effective date of this Act.
Sec. 8. PL 1995, c. 704, Pt. C, §2 is amended to read:
Sec. C-2. Effective date. This Act takes effect July 1, 1997, except section 1 of this Part takes effect 90 days after adjournment of the Second Regular Session of the 117th Legislature. The following provisions take effect September 19, 1997: Part A, section 10 that amends the Maine Revised Statutes, Title 38, section 484, subsection 4; Part A, section 11 that enacts Title 38, section 484, subsection 4-A; and that portion of Part B, section 2 that enacts Title 38, section 420-D.
Sec. 9. Retroactivity. That section of this Act that amends Public Law 1995, chapter 704, Part C, section 2 applies retroactively to July 1, 1997.
See title page for effective date, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
