An Act Concerning Regulation of Borrow Pit Excavations

Sec. 1. 38 MRSA §490-B, first ¶,  as amended by PL 2007, c. 297, §3, is further amended to read:

Sections 490-A to 490-K apply to any excavation for borrow, clay, topsoil or silt, whether alone or in combination, including reclaimed and unreclaimed areas, if the total excavated area on a parcel is 5 or more acres or the total excavated area on adjacent parcels under a common owner or operator is 5 or more acres. Section 490-M applies to a total excavated area of less than 5 acres. This article applies if the excavation is located in whole or in part within an organized area of this State.

SUMMARY

This bill amends the law concerning borrow pits to regulate excavation from individual parcels of land regardless of whether or not there is a common owner between or among parcels.