CHAPTER 37

H.P. 803 - L.D. 1160

Resolve, To Increase Wetland Protection

Sec. 1. Tier 1 freshwater wetland alteration permitting; report. Resolved: That the Department of Environmental Protection shall evaluate the resources necessary to apply all the standards in the Maine Revised Statutes, Title 38, section 480-D to projects eligible for Tier 1 freshwater wetland review. The department's evaluation must include consideration of cumulative impacts, staff time, regulatory processing time, fees and the benefits of applying all the standards to Tier 1 review. The department shall report to the Joint Standing Committee on Natural Resources with any recommendations, including proposed legislation, by February 1, 2006. The department's recommendations may not jeopardize any current single permit review process. The Joint Standing Committee on Natural Resources is authorized to report out legislation related to the department's evaluation to the Second Regular Session of the 122nd Legislature; and be it further

Sec. 2. Freshwater wetland compensation proposal; report. Resolved: That the Department of Environmental Protection shall work with the Executive Department, State Planning Office and other interested parties to develop a proposal for a freshwater wetland compensation program for freshwater wetlands that require a Tier 1 review process, to review the wetlands exemptions contained in the Maine Revised Statutes, Title 38, chapter 3, subchapter 1, article 5-A and to recommend changes to ensure adequate protection of regulated freshwater wetlands. The Department of Environmental Protection shall report to the Joint Standing Committee on Natural Resources on its proposal and recommendations by February 1, 2006 and submit proposed