H.P. 883 - L.D. 1240
Resolve, Regarding Legislative Review of Chapter 20: Forest Regeneration and Clearcutting Standards, a Major Substantive Rule of the Department of Conservation
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Adoption. Resolved: That final adoption of Chapter 20: Forest Regeneration and Clearcutting Standards, a provisionally adopted major substantive rule of the Department of Conservation, and submitted to the Legislature for review pursuant to the Maine Administrative Procedure Act, is authorized only if the rule is amended substantially in accordance with the revised rule dated April 28, 1999 and presented by the Commissioner of Conservation to the Joint Standing Committee on Agriculture, Conservation and Forestry on that date. A copy of that revised rule and the document prepared by the Maine Forest Service and dated April 28, 1999 that presents a comparison of the provisionally adopted rule dated January 5, 1999 and the revised rule must be filed with the Secretary of State as part of the written statement required under the Maine Revised Statutes, Title 5, section 8052, subsection 5. The revised rule dated April 28, 1999 includes the following changes to the provisionally adopted rule.
1. It changes the clear-cut size categories.
2. It changes the required height of softwood for assessing a stand of acceptable growing stock.
3. It changes stocking and regeneration standards from a percent basis to a trees-per-acre basis.
4. It exempts landowners with fewer than 100 acres total ownership from certain standards for clear-cuts.
5. It changes the provisions for maintenance of separation zones.
The Commissioner of Conservation is not required to hold hearings or conduct other formal proceedings prior to finally adopting the rule in accordance with this resolve.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 1, 1999.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
