LD 2179
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LD 2179 Title Page An Act Regarding the Clearing of Vegetation in Areas Adjacent to Protected Natu... Page 2 of 2
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LR 3555
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, the provisions of this legislation must take effect
immediately to provide the statutory basis for major substantive
rules authorized to be finally adopted 90 days after adjournment
of the Legislature; and

 
Whereas, in the judgment of the Legislature, these facts create
an emergency within the meaning of the Constitution of Maine and
require the following legislation as immediately necessary for
the preservation of the public peace, health and safety; now,
therefore,

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 38 MRSA §480-B, sub-§9, as amended by PL 1995, c. 460, §2 and
affected by §12, is further amended to read:

 
9. River, stream or brook. "River, stream or brook" means a
channel between defined banks. A channel is created by the
action of surface water and has 2 or more of the following
characteristics.

 
A. It is depicted as a solid or broken blue line on the
most recent edition of the U.S. Geological Survey 7.5-minute
series topographic map or, if that is not available, a 15-
minute series topographic map.

 
B. It contains or is known to contain flowing water
continuously for a period of at least 3 6 months of the year
in most years.

 
C. The channel bed is primarily composed of mineral
material such as sand and gravel, parent material or bedrock
that has been deposited or scoured by water.

 
D. The channel contains aquatic animals such as fish,
aquatic insects or mollusks in the water or, if no surface
water is present, within the stream bed.

 
E. The channel contains aquatic vegetation and is
essentially devoid of upland vegetation.

 
"River, stream or brook" does not mean a ditch or other drainage
way constructed, or constructed and maintained, solely for the
purpose of draining storm water or a grassy swale.


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