| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 38 MRSA §420-C, 3rd ¶, as enacted by PL 1995, c. 704, Pt. B, | | §2 and affected by Pt. C, §2, is amended to read: |
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| | | This section applies to a project or any portion of a | | project located within an organized area of this State. For | | any activity for which a permit from the Maine Land Use | | Regulation Commission is not required under Title 12, section | | 685-B, subsection 1-A, paragraph B, this section also applies | | to any portion of a project located within an unorganized area | | of this State. This section does not apply to agricultural | | fields. Forest management activities, including associated | | road construction or maintenance, conducted in accordance with | | applicable standards of the Maine Land Use Regulation | | Commission, are deemed to comply with this section. This | | section may not be construed to limit a municipality's | | authority under home rule to adopt ordinances containing | | stricter standards than those contained in this section. |
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| | | Sec. 2. 38 MRSA §480-P, as enacted by PL 1987, c. 809, §2, is | | amended by inserting at the end a new paragraph to read: |
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| | | For any activity for which a permit from the Maine Land Use | | Regulation Commission is not required under Title 12, section | | 685-B, subsection 1-A, paragraph B, outstanding river segments | | also include any other outstanding river and stream segments | | described in Title 12, section 403. |
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| | | Sec. 3. 38 MRSA §488, sub-§9-A is enacted to read: |
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| | | 9-A.__Development partially within unorganized territory.__ | | For developments partially within the jurisdiction of the | | Maine Land Use Regulation Commission, the department may | | request and obtain technical assistance from the commission | | and shall request recommendations from the commission.__The | | commission shall respond to the requests in a timely manner.__ | | The recommendations of the commission must address the ways in | | which the proposed project is or is not consistent with the | | commission's comprehensive land use plan, but compliance with | | that plan is not a requirement under this Title.__The | | recommendations of the commission must be considered by the | | department in acting upon a development application insofar as | | those recommendations relate to standards applicable under the | | natural resources protection laws or any other law | | administered by the department. |
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