An Act To Promote the Uniform Implementation of the Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas
Maine Legislature, Session 122, LD 0188
Committee Amendment CA_A_H371 (House)
Amends: 38 MRSA §438-B

COMMITTEE AMENDMENT "A" to H . P . 13 9, L . D . 
Act 
To 
Promote 
the 
Uniform 
Implementation of 
Standards 
for 
Timber 
Harvesting 
and 
Related 
188, Bill, "An 
the 
Statewide 
Activities 
in 
Shoreland Areas" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
I Sec. 1. 12 MRS A §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335, §1, is repealed and the following enacted in its place: 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 vaters. 
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 actiyities" have the same meanings as in 
section 8868, subsections 4 and 5. 
Sec. 2. 38 MRS A §438-A, 2nd 1r, as enacted by PL 2003, c. 335, 
§4, is amended to read: 
Page l-LR1428(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ./Jr .. to H.P. 139, L.D. 188 
Notwithstanding other prov~s~ons of this article, 
Be~iRRiR~ 
JaR1:l.af'y--l-,--6GGe 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 1(, as enacted by PL 2003, c. 335, 
§5, is amended to read: 
Except as provided in subsection 4, beginning JaR1:l.a£y--l r 
6GGe 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 
li'e~ealiR~ 
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. 
COMMITTEE AMENDMENT 
~. 
,~ 
~.>.;;I 
COMMITTEE AMENDMENT ,A .. to H.P. 139, L.D. 188 
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 
JaBQa~Y-+r--6999 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. 
Effectiye 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. 
N9--J:a~eF--U3.aB 
ge~9Ber-~T-~gg§T-~Be ~ 
Maine Land Use Regulation Commission, in 
consul tation with the Director of the Bureau of Forestry wi thin 
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 
COMMITTEE AMENDMENT 
~lb' 
;r." 
.~.·r' 
",' 
COMMITTEE AMENDMENT ,It .. to H.P. 139, L.D. 188 
JaB1:la!'y-~--agg9 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. 
Ne--lat.-e-r--t:aaB--OGt:-obe-r--h--6C0-5-,--t:ae The Commissioner of 
Environmental Protection, in consultation with the Director of 
the Bureau of Forestry wi thin 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 
~ Maine 
Revised 
Statutes, 
Title 
12, 
section 
8867-B. 
The 
Commissioner of Environmental Protection and the board shall 
ensure that any necessary changes become effective JaB1:lo.:-y--lr 
6999 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.' 
SUMMARY 
This amendment replaces the bill. 
It makes the effective 
date 
for 
rules 
regulating 
timber 
harvesting 
activities 
in 
shoreland 
areas 
contingent 
on 
acceptance 
of 
the 
statewide 
standards by 252 municipalities on a list of 336 municipalities. 
It requires 
the 
Commissioner 
of 
Conservation to 
notify the 
Secretary of State when the 251-municipality threshold has been 
reached and to submit legislation to make any necessary statutory 
revisions 
prior 
to 
the 
effective 
date 
for 
the 
statewide 
standards. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05110/05 ~ac:. 
LD188 
LR 1428(02) 
An Act To Promote the Uniform Implementation of the Statewide Standards for Timber Harvesting 
and Related Activities in Shoreland Areas 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR1428(2) - Fiscal Note - Page 1 of 1