LD 1506
pg. 8
Page 7 of 13 An Act To Update the Laws Governing Borrow Pits and Quarries Page 9 of 13
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LR 585
Item 1

 
Sec. 11. 38 MRSA §490-Z, sub-§§6, 7 and 8, as enacted by PL 1995, c. 700,
§35, is amended to read:

 
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.

 
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.

 
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.

 
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.

 
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.

 
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.

 
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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