LD 1588
pg. 5
Page 4 of 18 An Act To Amend Certain Laws Administered by the Department of Environmental Pr... Page 6 of 18
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LR 379
Item 1

 
(5) Northern Stream in Township 19 Eastern Division -
Class AA.

 
(6) Creamer Brook in Township 19 Eastern Division -
Class AA.

 
(7) Clifford Brook in Marion Township - Class AA.

 
Sec. 10. 38 MRSA §480-B, sub-§2, as amended by PL 1989, c. 430, §3, is
further amended to read:

 
2. Coastal wetlands. "Coastal wetlands" means all tidal and
subtidal lands, including all areas below any identifiable debris
line left by tidal action; all areas with vegetation present that
is tolerant of salt water and occurs primarily in a salt water or
estuarine habitat; and any swamp, marsh, bog, beach, flat or
other contiguous lowland which that is subject to tidal action
during the maximum spring highest tide level for each year in
which an activity is proposed as identified in tide tables
published by the National Ocean Service. Coastal wetlands may
include portions of coastal sand dunes.

 
Sec. 11. 38 MRSA §480-E-1, as amended by PL 2001, c. 232, §15, is
repealed and the following enacted in its place:

 
§480-E-1. Delegation of permit-granting authority to Maine

 
Land Use Regulation Commission

 
The Maine Land Use Regulation Commission shall issue all
permits under this article for activities that are located wholly
within its jurisdiction and are not subject to review and
approval by the department under any other article of this Title
except as follows.

 
1.__Activity located in organized and unorganized area. If an
activity is located in part within an organized area and in part
within an area subject to the jurisdiction of the Maine Land Use
Regulation Commission, that portion of the activity within the
organized area is subject to review under this article by the
department and that portion of the activity within the
jurisdiction of the Maine Land Use Regulation Commission requires
a permit from the commission pursuant to this article except as
provided in subsection 2. The part of the activity within the
organized area is subject to review under this article if that
portion is a regulated activity pursuant to this article.

 
2.__Allowed use.__If an activity is located as described in
subsection 1 and the Maine Land Use Regulation Commission
determines that the project is an allowed use within the
subdistrict or subdistricts for which it is proposed, so that a


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