An Act To Promote Consistent Protection of the State's Waters Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 12MRSA§685-A,sub-§12 is enacted to read: 12. Timbftr harvesting activities in areas adjacent to rivers. streams. ponds. wetlands and tidal waters. Beginning January I. 2006. rules adopted by the Commissioner of Conservation pursuant to section 8867-B apply in the unorganized and deorganized areas for the purpose of regulating timber harvesting and timber harvesting activities in areas adjacent to rivers. streams. ponds. wetlands and tidal waters. The Director of the Bureau of Forestry 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. 12 MRSA §8867 -B, as amended by PL 2001, c. 566 , § 1, is further amended to read: Page I-LRl115(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 0245
Committee Amendment CA_A_H378 (House)
Amends: 12 MRSA §8867, 12 MRSA §8869, 38 MRSA §438-A, 38 MRSA §438-B

COMMITTEE AMENDMENT ,,/tot to H.P. 200, L.D. 245, 
Act To Promote Planning To Protect the State's Waters" 
Bill, "An 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Promote Consistent Protection of the State's Waters' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 12MRSA§685-A,sub-§12 is enacted to read: 
12. 
Timbftr 
harvesting activities 
in areas 
adjacent to 
rivers. streams. ponds. wetlands and tidal waters. 
Beginning 
January 
I. 
2006. 
rules 
adopted 
by 
the 
Commissioner 
of 
Conservation pursuant to section 8867-B apply in the unorganized 
and 
deorganized 
areas 
for 
the 
purpose 
of 
regulating 
timber 
harvesting and timber harvesting activities in areas adjacent to 
rivers. streams. ponds. wetlands and tidal waters. The Director 
of the Bureau of Forestry 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. 12 MRSA §8867 -B, as amended by PL 2001, c. 566 , § 1, 
is further amended to read: 
Page I-LRl115(2) 
COMMITTEE AMENDMENT 
~~, 
~.~ 
COMMITTEE AMENDMENT .. ,r;.. to H.P. 200, L.D. 245 
§8867-B. 
Regulation of timber harvestinq activities in areas 
adjacent to rivers, streams, ponds, wetlands and tidal 
vaters 
In accordance with the purposes of chapter 206-A and Title 
38, chapter 3 and no later than October 1, 2003, the Commissioner 
of Conservation maY-F~ev~6~eBally ~ 
adopt rules in accordance 
with Title 5, chapter 375 to establish performance standards for 
timber 
harvesting 
activities 
in 
areas 
adjacent 
to 
rivers, 
streams, 
ponds, 
wetlands 
and tidal waters. 
The 
rules 
must 
provide the maximum opportunity for flexibility that achieves the 
goal of protecting the public resources while minimizing the 
impact on private resources. 
Rliles The initial rules adopted 
pursuant to this section are ma}e~-~liBS~aB~~ve routine technical 
rules as defined in Title 5, chapter 375, subchapter ±±-A 2-A. 
Subsequent amendments to those rules are major substantive rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. 12 MRSA §8869, sub-§8, as amended by PL 1999, c. 263, 
§1, is further amended by amending the 2nd paragraph to read: 
A municipality may not adopt an ordinance that is less stringent 
than the minimum standards established in this section and in 
rules adopted by the commissioner to implement this section and 
section 
8867-B. 
A municipality may 
not adopt or 
amend 
an 
ordinance that regulates timber harvesting unless the process set 
out in this subsection is followed in the development and review 
of the ordinance. 
Sec. 4. 38 MRSA §438-A, as amended by PL 1997, c. 726, §2, is 
further amended by adding a new 2nd paragraph 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. S. 38 MRSA §438-B is enacted to read: 
§438-B. 
Timber harvesting and timber harvesting activities 
in shoreland areas: authority of Director of the 
Bureau of Foresta in the De!@rtment of Conservation 
Except as provided in subsection 4, beginning January 1, 
2006, 
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. 
COMMITTEE AMENDMENT 
'CO 
~.~ . 
COMMITTEE AMENDMENT "/}:: to H.P. 200, L.D. 245 
1. 
Definitions. 
As 
used in this section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. "Director" means the Director of the Bureau of Forestry 
within the Department of Conservation. 
B. "Statewide standards" means the performance standards for 
timber harvesting activities adopted pursuant to Title 12, 
section 8867-B. 
C. 
"Timber harvesting" means cutting or removal of timber 
for the primary purpose of selling or processing forest 
products. 
D. "Timber harvesting activities" means the construction and 
maintenance of roads used primarily for timber harvesting 
and 
other 
activities 
conducted 
to 
facilitate 
timber 
harvesting. 
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 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. When a municipality accepts the statewide 
standards in accordance with this subsection. the director shall 
administer 
and 
enforce 
the 
statewide 
standards 
within 
that 
municipality. 
3. Mun j cipal adoRtion of ordinance identica1 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. 
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. Municipa1 ordinances that are not identica1 to statewide 
standards. 
A municipal ordinance regulating timber harvesting 
and timber harvesting activities that is in effect and consistent 
COMMITTEE AMENDMENT 
~~~, 
, \:) 
<', 
COMMITTEE AMENDMENT .. if. to H.P. 200, L.D. 245 
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, 
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. 6. Adoption of rule; legislation authorized. 
The Commissioner 
of 
Conservation shall 
proceed with 
adoption 
of 
a 
rule 
to 
establish statewide standards for timber harvesting and timber 
harvesting activities in shoreland areas. The rule must implement 
the recommendations submitted in a report dated February 18, 2003 
and presented to the Joint Standing Committee on Agriculture, 
Conservation and Forestry on February 24, 2003. The committee may 
report out a bill to the Second Regular Session of the 12lst 
Legislature to make statutory revisions necessary to implement a 
statewide standard for timber harvesting and timber harvesting 
activities in shoreland areas, to clarify the responsibilities of 
the 
Bureau 
of 
Forestry 
in 
administering 
and 
enforcing 
the 
standard and to clarify municipal authority to adopt, administer 
and enforce a standard that is consistent with or more stringent 
than the statewide standard. 
Sec. 7. Review of rules pertaining to timber harvesting in shoreland 
areas within unorganized and deorganized areas. 
No 
later than 
October 1, 2005, 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. 
Sec. 8. Review of rules pertaining to timber harvesting in shoreland 
areas. 
No 
later 
than October 
1, 
2005, 
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 
COMM/rrEE AMENDMENT 
.. 
~. 
" 
COMMITTEE AMENDMENT ,,/I. to H.P. 200, L.D. 245 
the rules adopted by the Commissioner of Conservation pursuant to 
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 .• 
SUMMARY 
This 
amendment 
replaces 
the 
bill. 
It 
authorizes 
the 
Department 
of 
Conservation 
to 
proceed 
wi th 
rulemaking 
to 
implement a statewide standard for timber harvesting and timber 
harvesting 
activities 
in 
shore1and 
areas. 
It 
allows 
a 
municipality to retain a municipal ordinance pertaining to timber 
harvesting and timber harvesting activities in shoreland areas if 
the 
ordinance is consistent with 
laws 
and 
rules 
in effect 
December 31, 
2005. The statewide standards must be adopted by 
October 1, 2003 with a delayed effective date of January 1, 2006. 
The Maine Land Use Regulation Commission, the Commissioner of 
Environmental 
Protection 
and 
the 
Board 
of 
Environmental 
Protection are 
directed to 
amend 
or 
repeal 
their rules 
as 
necessary to remove any 
prov~s~ons that duplicate or conflict 
with the statewide standards. It authorizes the Joint Standing 
Committee on Agriculture, Conservation and Forestry to report out 
legislation necessary to implement the statewide standard for 
timber 
harvesting 
in 
shore1and 
areas 
or 
clarify 
the 
responsibilities of the Bureau of Forestry in administering and 
enforcing the standard. 
FISCAL ~OTE RE<iURED, 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/13/03 :;::tb/ae. 
Office of Fiscal and Program Review 
LD245 
An Act To Promote Consistent Protection of the State's Waters 
LR 1115(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Agriculture, ConserVation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR1115(2) - Fiscal Note - Page 1 of 1