CHAPTER 97
H.P. 1571 - L.D. 2076
Resolve, Regarding Legislative Review of Amendments to Chapter 305, Permit by Rule Standard and Chapter 310, Wetland Protection Regarding Cutting and Removal of Vegetation, Major Substantive Rules of the Department of Environmental Protection
Sec. 1. Adoption. Resolved: That final adoption of amendments to Chapter 305, Permit by Rule Standard and Chapter 310, Wetland Protection Regarding Cutting and Removal of Vegetation, provisionally adopted major substantive rules of the Department of Environmental Protection, that have been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A is authorized only if Chapter 305 is amended as follows:
1. Section 2, paragraph C, subparagraph (1) of the proposed amendment to Chapter 305 must be amended to strike the sentence proposed in that subparagraph that states: "Division of a parcel of land that occurs after September 1, 2002, and that results in circumvention of the setback requirement may be considered by the department and may be the basis for a denial under this subsection"; and
2. Section 2, paragraph C, subparagraph (3) of the proposed amendment to Chapter 305 must be amended by striking everything in that subparagraph after the word "minimized."
The Department of Environmental Protection is not required to hold hearings or conduct other formal proceedings on this rule prior to finally adopting this rule in accordance with this resolve; and be it further
Sec. 2. Report. Resolved: That the Department of Environmental Protection and the Maine Land Use Regulation Commission shall evaluate the point system used by those agencies to define what constitutes a well-distributed stand of trees within a vegetative buffer between development and a regulated water body and shall jointly report the results of that evaluation to the joint standing committee of the Legislature having jurisdiction over protected natural resources no later than January 15, 2003. The department and the commission shall invite the participation of the regulated community when conducting its evaluation under this section. The report must include, but is not limited to, recommendations on any changes to the specific points given to trees of specific diameters, the reasons for those recommendations and the effect of those changes over time on the distribution of trees and other vegetation in those buffer strips.
Effective July 25, 2002, unless otherwise indicated.
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