LD 1617
pg. 2
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LR 2142
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18. Lake phosphorus concentration. The long-term cumulative
effects of the proposed subdivision will not unreasonably increase
a great pond's phosphorus concentration during the construction
phase and life of the proposed subdivision; and

 
Sec. 3. 30-A MRSA §4404, sub-§19, as enacted by PL 1997, c. 226, §4,
is amended to read:

 
19. Impact on adjoining municipality. For any proposed
subdivision that crosses municipal boundaries, the proposed
subdivision will not cause unreasonable traffic congestion or
unsafe conditions with respect to the use of existing public ways
in an adjoining municipality in which part of the subdivision is
located.; and

 
Sec. 4. 30-A MRSA §4404, sub-§20 is enacted to read:

 
20. Lands subject to liquidation harvesting.__Timber on the
parcel being subdivided has not been harvested in violation of
rules adopted pursuant to Title 12, section 8869, subsection 14.__
If a violation of rules adopted by the Maine Forest Service to
substantially eliminate liquidation harvesting has occurred, the
municipal reviewing authority must determine prior to granting
approval for the subdivision that 5 years have elapsed from the
date the landowner under whose ownership the harvest occurred
acquired the parcel.__A municipal reviewing authority may request
technical assistance from the Department of Conservation, Bureau
of Forestry to determine whether a rule violation has occurred,
or the municipal reviewing authority may accept a determination
certified by a forester licensed pursuant to Title 32, chapter
76.__If a municipal reviewing authority requests technical
assistance from the bureau, the bureau shall respond within 5
working days regarding its ability to provide assistance.__If the
bureau agrees to provide assistance, it shall make a finding and
determination as to whether a rule violation has occurred.__The
bureau shall provide a written copy of its finding and
determination to the municipal reviewing authority within 30 days
of receipt of the municipal reviewing authority's request.__If
the bureau notifies a municipal reviewing authority that the
bureau will not provide assistance, the municipal reviewing
authority may require a subdivision applicant to provide a
determination certified by a licensed forester.

 
For the purposes of this subsection, "liquidation harvesting" has
the same meaning as in Title 12, section 8868, subsection 6 and

 
"parcel" means a contiguous area within one municipality,
township or plantation owned by one person or a group of persons
in common or joint ownership.__This subsection takes effect on


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