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: Agriculture, Conservation and Forestry
Sponsors: SA VIELLO, PERRY, CLARK, JACKSON, LUNDEEN, MOODY, TRAHAN, TWOMEY
Amends: 12 MRSA §685-A, 38 MRSA §438-B

Legislative Document 
No. ISS 
H.P.139 
House of Representatives, January 13, 2005 
An Act To Promote the Uniform Implementation of the Statewide 
Standards for Timber Harvesting and Related Activities in 
Shoreland Areas 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative SA VIELLO of Wilton. 
Cosponsored by Senator PERRY of Penobscot and 
'7J1~ 1/1. 7T/1J£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CLARK of Millinocket, DUGA Y of Cherryfield, JACKSON of Fort Kent, 
LUNDEEN of Mars Hill, MOODY of Manchester, TRAHAN of Waldoboro, TWOMEY of 
Biddeford. 
Printed on recycled paper 
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335, §1, is repealed and the following enacted in its place: 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 
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 do not become 
effective for the unorganized and deorganized areas until: 
A. 
More than 1/2 of all municipalities in the State have 
either accepted the statewide standards in accordance with 
Title 38, section 438 B, 
subsection 2 or have adopted an 
Qrdinance identical to the statewide standards in accordance 
with Title 38, section 438-B, subsection 3; and 
B. 
The Commissioner of Conservation has filed notification 
with the Secretary of State that the condition imposed under 
paragraph A has been met. 
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-B. first 11. as enacted by PL 2003, c. 335, 
§5, is amended to read: 
Except as provided in subsection 4, 
beginning January 1, 
2006, 
rules adopted by the Commissioner of Conservation under 
Title 12, section 8867-B apply s~a~ewiee in all municipalities of 
the State for the purpose of regulating timber harvesting and 
timber harvesting activities in shoreland areas. 
Sec. 3. PL 2003. c. 335. §7 is amended to read: 
Sec. 7. Review of rules pertaining to timber harvesting in shoreland 
areas within unorganized and deorganized areas. 
No 
later 
than 
October 
L 
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 0 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 effecti ve 
Jaa1:iaFy--l-,--~gge on the date 
established pursuant to Title 12, section 685-A, subsection 12. 
SUMMARY 
This bill makes 
the effective date for rules regulating 
timber 
harvesting 
activities 
in 
shoreland 
areas 
within 
the 
jurisdiction 
of 
the 
Maine 
Land 
Use 
Regulation 
Commission 
contingent 
on 
acceptance 
by 
more 
than half 
of 
the 
State's 
municipalities of the statewide standards in accordance with the 
Maine Revised Statutes, Title 38, section 438-B. 
It amends a 
provision in chaptered law that required changes in these rules 
adopted by the Maine Land Use Regulation Commission to become 
effective January 1, 2006.