CHAPTER 619
H.P. 604 - L.D. 827
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 36 MRSA §1102, sub-§10 is enacted to read:
10. Wildlife habitat. "Wildlife habitat" means land that is subject to a written management agreement between the landowner and either the Department of Inland Fisheries and Wildlife or the Department of Conservation to ensure that the habitat benefits provided by the land are not lost. Management agreements may be revised or updated by mutual consent of both parties at any time. Management agreements must be renewed at least every 10 years. "Wildlife habitat" must also meet one of the following criteria:
A. The land is designated by the Department of Inland Fisheries and Wildlife as supporting important wildlife habitat;
B. The land supports the life cycle of any species of wildlife as identified by the Department of Inland Fisheries and Wildlife;
C. The land is identified by the Department of Conservation as supporting a natural vegetation community; or
D. The land is designated as a resource protection area in a comprehensive plan, zoning ordinance or zoning map.
Sec. 2. 36 MRSA §1109, sub-§3, ¶M, as amended by PL 2003, c. 414, Pt. B, §51 and affected by Pt. D, §7, is further amended to read:
M. The identification of the land or of outstanding natural resources on the land by a legislatively mandated program, on the state, local or federal level, as particular areas, parcels, land types or natural resources for protection including, but not limited to, the Register of Critical Areas under Title 5, chapter 312; the laws governing wildlife sanctuaries and management areas under Title 12, section 10109, subsection 1 and sections 12706 and 12708; the laws governing the State's rivers under Title 12, chapter 200; the natural resource protection laws under Title 38, chapter 3, subchapter 1, article 5-A; and the Maine Coastal Barrier Resources Systems under Title 38, chapter 21; or
Sec. 3. 36 MRSA §1109, sub-§3, ¶N, as enacted by PL 1989, c. 748, §4, is amended to read:
N. Whether the land contains historic or archeological resources listed in the National Register of Historic Places or is determined eligible for such a listing by the Maine Historic Preservation Commission, either in its own right or as contributing to the significance of an adjacent historic or archeological resource listed, or eligible to be listed, in the National Register of Historic Places.; or
Sec. 4. 36 MRSA §1109, sub-§3, ¶O is enacted to read:
O. Whether there is a written management agreement between the landowner and the Department of Inland Fisheries and Wildlife or the Department of Conservation as described in section 1102, subsection 10.
Effective July 30, 2004, unless otherwise indicated.
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