CHAPTER 226
H.P. 139 - L.D. 188
An Act To Promote the Uniform Implementation of the Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §685-A, sub-§12, as enacted by PL 2003, c. 335, §1, is repealed and the following enacted in its place:
12. Timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters. Rules adopted by the Commissioner of Conservation pursuant to section 8867-B for the purpose of regulating timber harvesting and timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters become effective for the unorganized and deorganized areas on the date established under Title 38, section 438-B, subsection 5.
The Director of the Bureau of Forestry within the Department of Conservation shall administer and enforce the regulation of timber harvesting and timber harvesting activities in these areas. For the purposes of this subsection, "timber harvesting" and "timber harvesting activities" have the same meanings as in section 8868, subsections 4 and 5.
Sec. 2. 38 MRSA §438-A, 2nd ¶, as enacted by PL 2003, c. 335, §4, is amended to read:
Notwithstanding other provisions of this article, beginning January 1, 2006 the regulation of timber harvesting and timber harvesting activities in shoreland areas must be in accordance with section 438-B and rules adopted by the Commissioner of Conservation pursuant to Title 12, section 8867-B.
Sec. 3. 38 MRSA §438-B, first ¶, as enacted by PL 2003, c. 335, §5, is amended to read:
Except as provided in subsection 4, beginning January 1, 2006 on the effective date established under subsection 5, rules adopted by the Commissioner of Conservation under Title 12, section 8867-B apply statewide for the purpose of regulating timber harvesting and timber harvesting activities in shoreland areas.
Sec. 4. 38 MRSA §438-B, sub-§§2, 3 and 4, as enacted by PL 2003, c. 335, §5, are amended to read:
2. Municipal acceptance of statewide standards. A municipality may choose to have the statewide standards apply to timber harvesting and timber harvesting activities in that municipality by repealing authorizing the repeal of all provisions within the municipal shoreland zoning ordinance that regulate timber harvesting and timber harvesting activities in shoreland areas and notifying the director of the repeal. The authorization must specify a repeal date consistent with the effective date established under subsection 5. When a municipality accepts the statewide standards in accordance with this subsection, the director shall administer and enforce the statewide standards within that municipality beginning on the effective date established under subsection 5.
3. Municipal adoption of ordinance identical to statewide standards. A municipality may adopt an ordinance to regulate timber harvesting and timber harvesting activities that is identical to the statewide standards. A municipality that adopts an ordinance under this subsection may request the director to administer and enforce the ordinance or to participate in joint administration and enforcement of the ordinance with the municipality beginning on the effective date established under subsection 5. When a municipality requests joint responsibilities, the director and the municipality shall enter into an agreement that delineates the administrative and enforcement duties of each. To continue to receive administrative and enforcement assistance from the director under this subsection, a municipality must amend its ordinance as necessary to maintain identical provisions with the statewide standards.
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 January 1, 2006 on the date established pursuant to Title 38, section 438-B, subsection 5.
Sec. 8. Review of rules pertaining to timber harvesting in shoreland areas. No later than October 1, 2005, the The Commissioner of Environmental Protection, in consultation with the Director of the Bureau of Forestry within the Department of Conservation, shall review rules adopted by the commissioner or the Board of Environmental Protection 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 Commissioner of Environmental Protection and the board shall ensure that any necessary changes become effective January 1, 2006 on the date established pursuant to Title 38, section 438-B, subsection 5.
Sec. 7. Commissioner of Conservation directed to submit legislation. The Commissioner of Conservation, in consultation with the Commissioner of Environmental Protection, shall prepare legislation to make statutory revisions necessary to implement a statewide standard for timber harvesting and timber harvesting activities in shoreland areas and to further clarify as necessary the responsibilities of the Department of Conservation, Bureau of Forestry in administering and enforcing the standard. The Commissioner of Conservation shall submit the legislation for introduction in the legislative session prior to the effective date for rules adopted pursuant to the Maine Revised Statutes, Title 12, section 8867-B as determined by Title 38, section 438-B, subsection 5.
Effective September 17, 2005.
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