Sec. 1. 38 MRSA §482, sub-§6, ¶B, as amended by PL 1993, c. 383, §18 and affected by §42, is further amended to read:

B. Buildings, parking lots, roads, paved areas, wharves or areas to be stripped or graded and not to be revegetated that cause a total project to occupy a ground area in excess of 10 acres for agricultural projects or in excess of 3 acres for other projects. Stripped or graded areas that are not revegetated within a calendar year are included in calculating the 3-acre applicable acreage threshold.

Sec. 2. 38 MRSA §488, sub-§17, as amended by PL 1997, c. 393, Pt. A, §45, is further amended to read:

17. Structure area within residential lots. Buildings, roads, paved areas or areas to be stripped or graded and not revegetated that are located within lots used solely for single- family residential housing are not counted toward the 3-acre applicable acreage threshold described in section 482, subsection 6, paragraph B for purposes of determining jurisdiction. A road associated only with such lots is also not counted toward the 3- acre applicable acreage threshold. For purposes of this subsection, "single-family residential housing" does not include multi-unit housing such as condominiums and apartment buildings.

Sec. 3. Rulemaking. The Board of Environmental Protection shall adopt rules defining the term "agricultural projects" for the purposes of the site location of development laws under the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, article 6. That definition may not be adopted without the prior approval of the Commissioner of Agriculture, Food and Rural Resources. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A and must be adopted within 180 days after the effective date of this Act.

SUMMARY

This bill exempts agricultural projects smaller than 10 acres from the site location of development laws. The Board of Environmental Protection is directed to adopt routine technical rules to define what constitutes an agricultural project under the site location of development laws. The board is prohibited from adopting a definition of "agricultural project" without the prior approval of the Commissioner of Agriculture, Food and Rural Resources.