| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 12 MRSA §685-A, sub-§12, as enacted by PL 2003, c. 335, §1, is | | repealed and the following enacted in its place: |
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| | | 12. Timber harvesting activities in areas adjacent to rivers, | | streams, ponds, wetlands and tidal waters.__Rules adopted | | pursuant to section 8867-B for the purpose of regulating timber | | harvesting and timber harvesting activities in areas adjacent to | | rivers, streams, ponds, wetlands and tidal waters do not become | | effective for the unorganized and deorganized areas until: |
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| | | A.__More than 1/2 of all municipalities in the State have | | either accepted the statewide standards in accordance with | | Title 38, section 438-B, subsection 2 or have adopted an | | ordinance identical to the statewide standards in accordance | | with Title 38, section 438-B, subsection 3; and |
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| | | B.__The Commissioner of Conservation has filed notification | | with the Secretary of State that the condition imposed under | | paragraph A has been met. |
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| | | The Director of the Bureau of Forestry within the Department of | | Conservation shall administer and enforce the regulation of | | timber harvesting and timber harvesting activities in these | | areas. For the purposes of this subsection, "timber harvesting" | | and "timber harvesting activities" have the same meanings as in | | section 8868, subsections 4 and 5. |
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| | | Sec. 2. 38 MRSA §438-B, first ¶, as enacted by PL 2003, c. 335, §5, is | | amended to read: |
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| | | Except as provided in subsection 4, beginning January 1, 2006, | | rules adopted by the Commissioner of Conservation under Title 12, | section 8867-B apply statewide | | for the purpose of regulating timber harvesting and timber | | harvesting activities in shoreland areas. |
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| | | Sec. 3. PL 2003, c. 335, §7 is amended to read: |
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| | | Sec. 7. Review of rules pertaining to timber harvesting in shoreland areas within | | unorganized and deorganized areas. No later than October 1, 2005, the | | Maine Land Use Regulation Commission, in consultation with the | | Director of the Bureau of Forestry within the Department of | | Conservation, shall review the commission's rules pertaining to | | timber harvesting and timber harvesting activities in shoreland | | areas and provide for the repeal or amendment of rules that | | duplicate or conflict with the rules adopted by the Commissioner | | of Conservation pursuant to the Maine Revised Statutes, Title 12, | | section 8867-B. The commission shall ensure that any necessary |
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