Maine Legislature, Session 121, LD 1617
Committee Amendment CA_A_H792 (House)
Amends: 12 MRSA §685-B, 30-A MRSA §4404

COMMITTEE AMENDMENT ,A" to H.P. 1195, L.D. 1617, Bill, "An 
Act To Improve Subdivision Standards" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 12 MRSA §685-B, sub-§4-A is enacted to read: 
4-A. 
Subdivision 
of 
land 
subject 
to 
liquidation 
harvesting. 
The commission may not approve an application for a 
subdivision if the commission determines that timber 
on 
the 
parcel proposed for subdivision has been harvested in violation 
of rules adopted pursuant to section 8869, subsection 14. 
If a 
violation of 
rules 
adopted 
by 
the 
Maine 
Forest 
Service 
to 
substantially eliminate liguidation harvesting has occurred, the 
commission must determine prior to granting approval for the 
subdivision that 5 years have elapsed from the date the landowner 
under whose ownership the harvest occurred acguired the parcel. 
The commission may request technical assistance from the Maine 
Forest Service to determine if a rule violation has occurred. 
For the purposes of this subsection, "liguidation harvesting" has 
the same meaning as in section 8868, subsection 6 and "parcel" 
means 
a 
contiguous area within one municipality, 
township or 
plantation owned by one person or a group of persons in common or 
joint ownership. 
This subsection takes effect on the effective 
date of rules adopted pursuant to section 8869, subsection 14. 
Page l-LR2142(2) 
COMMITTEE AMENDMENT 
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~ ~. 
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COMMITTEE AMENDMENT .~. to H.P. 1195, L.D. 1617 
Sec. 2. 30-A MRSA §4404, sub-§l8, as amended by PL 1997, c. 
226, §3, is further amended to read: 
18. 
Late 
phosphorus' 
concentration. 
The 
long-term 
cumulative 
effects 
of 
the 
proposed 
subdivision 
will 
not 
unreasonably increase 
a 
great pond's phosphorus concentration 
during 
the 
construction 
phase 
and 
life 
of 
the 
proposed 
subdivision; aREl 
Sec. 3. 30-A MRSA §4404, sub-§ 19, as enac ted by PL 1997, c. 
226, §4, is amended to read: 
19. 
Impact on adjoining municipality. 
For 
any proposed 
subdivision 
that 
crosses 
municipal 
boundaries, 
the 
proposed 
subdivision will not cause unreasonable traffic congestion or 
unsafe conditions with respect to the use of existing public ways 
in an adjoining municipality in which part of the subdivision is 
locatedT~ 
Sec. 4. 30-A MRSA §4404, sub-§20 is enacted to read: 
20. Lands subject to liqpidation harvesting. 
Timber on the 
parcel being subdivided has not been harvested in violation of 
rules adopted pursuant to Title 12. section 8869, subsection 14. 
If a violation of rules adopted by the Maine Forest Service to 
substantially eliminate liquidation harvesting has occurred. the 
municipal reviewing authority must determine prior to granting 
approval for the subdivision that 5 years have elapsed from the 
date the landowner under whose ownership the harvest occurred 
acquired the parcel. 
A municipal reviewing authority may request 
technical assistance from the Department of Conservation, Bureau 
of Forestry to determine whether a rule violation has occurred, 
or the municipal reviewing authority may accept a determination 
certified by a forester licensed pursuant to Title 32, chapter 
76. 
If 
a 
municipal 
reviewing 
authority 
requests 
technical 
assistance from the bureau. the bureau shall respond within 5 
working days regarding its ability to provide assistance. 
If the 
bureau agrees to provide assistance, it shall make a finding and 
determination as to whether a rule violation has occurred. 
The 
bureau 
shall 
provide 
a 
written 
copy 
of 
its 
finding 
and 
determination to the municipal reviewing authority within 30 days 
of receipt of the municipal reviewing authority's request. 
If 
the bureau notifies a 
municipal 
reviewing authority that the 
bureau will 
not provide 
assistance. 
the municipal 
reviewing 
authority 
may 
require 
a 
subdivision applicant 
to 
provide 
a 
determination certified by a licensed forester. 
For the purposes of this subsection. "liquidation harvesting" has 
the same meaning as in Title 12. section 8868. subsection 6 and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to H.P. 1195, L.D. 1617 
"parcel" 
means 
a 
contiguous 
area 
within 
one 
municipality, 
township or plantation owned by one person or a group of persons 
in common or joint ownership. 
This subsection takes effect on 
the effective date of rules adopted pursuant to Title 12. section 
8869, subsection 14. I 
SUMMARY 
This 
amendment 
is 
the 
majority 
report. 
The 
amendment 
replaces the bill. 
It prohibits a municipality or the Maine Land 
Use Regulation Commission from approving an application for a 
subdivision if the parcel has been harvested in violation of 
rules adopted by the Maine Forest Service to regulate liquidation 
harvesting. 
This prohibition ends 
years from the date the 
parcel 
was 
purchased 
by 
the 
landowner 
responsible 
for 
the 
harvest. 
This provision takes effect on the same date that the 
Maine Forest Service rules become effective. 
COMMITTEE AMENDMENT