LD 1588
pg. 6
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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. 12. 38 MRSA §470-H is enacted to read:

 
§470-H. Water use standards; rules

 
The board shall adopt rules that establish water use standards
for maintaining in-stream flows and GPA lake or pond water levels
that are protective of aquatic life and other uses and that
establish criteria for designating watersheds most at risk from
cumulative water use.__Standards adopted under this section must
be based on the natural variation of flows and water levels,
allowing variances if use will still be protective of water
quality within that classification.__Rules adopted under this
section are major substantive rules as defined in Title 5,
chapter 375, subchapter 2-A.

 
Sec. 13. 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 the 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. 14. 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repealed and the following enacted in its place: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
chapter.


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