LD 188
pg. 3
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LR 1428
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4. Municipal ordinances that are not identical to statewide
standards. A municipal ordinance regulating timber harvesting
and timber harvesting activities that is in effect and consistent
with state laws and rules in effect on December 31, 2005
continues in effect unless action is taken in accordance with
subsection 2 or 3. A municipality that retains an ordinance with
provisions that differ from the statewide standards shall
administer and enforce that ordinance. A municipality may not
amend a municipal ordinance regulating timber harvesting and
timber harvesting activities unless the process established in
Title 12, section 8869, subsection 8 is followed. Beginning on
January 1, 2006 the effective date established under subsection
5, a municipality may not amend an ordinance regulating timber
harvesting and timber harvesting activities in a manner that
results in standards that are less stringent than or otherwise
conflict with the statewide standards.

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

 
5.__Effective date for statewide standards.__Except as
provided in subsection 4, rules adopted by the Commissioner of
Conservation under Title 12, section 8867-B apply statewide
beginning on the first day of January of the 2nd year following
the year in which the Commissioner of Conservation determines
that at least 252 of the 336 municipalities identified by the
Commissioner of Conservation as the municipalities with the
highest acreage of timber harvesting activity on an annual basis
for the period 1999-2003 have either accepted the statewide
standards in accordance with subsection 2 or have adopted an
ordinance identical to the statewide standards in accordance with
subsection 3.__Within 30 days of making the determination that
the 251-municipality threshold has been met, the Commissioner of
Conservation shall notify the Secretary of State in writing and
advise the secretary of the effective date for the statewide
standards.

 
Sec. 6. PL 2003, c. 335, §§7 and 8 are amended to read:

 
*Sec. 7. Review of rules pertaining to timber harvesting in shoreland areas within
unorganized and deorganized areas. No later than October 1, 2005, the
The Maine Land Use Regulation Commission, in consultation with
the Director of the Bureau of Forestry within the Department of
Conservation, shall review the commission's rules pertaining to
timber harvesting and timber harvesting activities in shoreland
areas and provide for the repeal or amendment of rules that
duplicate or conflict with the rules adopted by the Commissioner
of Conservation pursuant to the Maine Revised Statutes, Title 12,
section 8867-B. The commission shall ensure that any necessary
changes in rule become effective


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