| | | Sec. 11. 38 MRSA §490-Z, sub-§§6, 7 and 8, as enacted by PL 1995, c. 700, | | §35, is amended to read: |
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| | | 6. Roads. A natural buffer strip must be maintained between | | the working edge of an excavation and a road or right-of-way as | | follows. |
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| | | A. A natural buffer strip at least 150 feet wide must be | | maintained between the working edge of an excavation and a | | road designated as a scenic highway by the Department of | | Transportation. |
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| | | B. A natural buffer strip at least 100 feet wide must be | | maintained between the working edge of the excavation and | | any other public road. A natural buffer strip at least 50 | | feet wide must be maintained between the working edge of an | | excavation and any public right-of-way that does not contain | | a road.__The width of a natural buffer strip adjacent to a | | public road or right-of-way may be reduced if there is a | | public entity or entities with authority to grant permission | | and the applicant receives permission from each authority in | | writing. |
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| | | C. A natural buffer strip at least 50 feet wide must be | | maintained between the working edge of an excavation and a | | private road or a right-of-way. If a private road is | | contained within a wider right-of-way, the buffer is | | measured from the edge of the right-of-way. The width of | | the natural buffer strip adjacent to a private road may be | | reduced if the applicant receives written permission from | | the persons having a right-of-way over the private road. |
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| | | The department may not grant a variance from the provisions of | | paragraph A or C. The department may grant a variance from | | paragraph B if the variance does not result in the natural buffer | | strip being reduced to less than 50 feet between the working edge | | of the excavation and any road or right-of-way, whichever is | | farther from the excavation, and if the owner or operator | | installs visual screening and safety measures as required by the | | department. |
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| | | A distance specified in this subsection is measured from the | | outside edge of the shoulder of the road or edge of the right-of- | | way unless otherwise specifically provided. |
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| | | 7. Property boundary. A natural buffer strip at least 100 | | feet wide must be maintained between an excavation and any | | property boundary. This distance may be reduced to 10 feet with | | the written permission of the affected abutting property owner or | | owners, except that the distance may not be reduced to less than | | 25 feet from the boundary of a cemetery or burial ground. The |
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