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| | Sec. 11. 38 MRSA §480-E-1, as amended by PL 2001, c. 232, §15, is | repealed and the following enacted in its place: |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