Sec. 3. 12 MRSA §8869, sub-§8, as amended by PL 1999, c. 263, §1, is further amended by amending the 2nd paragraph to read:

A municipality may not adopt an ordinance that is less stringent than the minimum standards established in this section and in rules adopted by the commissioner to implement this section and section 8867-B. A municipality may not adopt or amend an ordinance that regulates timber harvesting unless the process set out in this subsection is followed in the development and review of the ordinance.

Sec. 4. 38 MRSA §438-A, as amended by PL 1997, c. 726, §2, is further amended by adding a new 2nd paragraph to read:

Notwithstanding other provisions of this article, beginning January 1, 2006 the regulation of timber harvesting and timber harvesting activities in shoreland areas must be in accordance with section 438-B and rules adopted by the Commissioner of Conservation pursuant to Title 12, section 8867-B.

Sec. 5. 38 MRSA §438-B is enacted to read:

§438-B.__Timber harvesting and timber harvesting activities

in shoreland areas; authority of Director of the

Bureau of Forestry in the Department of Conservation

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.

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Director" means the Director of the Bureau of Forestry within the Department of Conservation.