An Act To Close Loopholes in Environmental Laws
Maine Legislature, Session 124, LD 1538
Committee Amendment CA_A_H665 (House)
Amends: 38 MRSA §420-D, 38 MRSA §480-Q

COMMITTEE AMENDMENT "A" to H.P. 1082, L.D. 1538, Bill, "An Act To 
Close Loopholes in Environmental Laws" 
Amend the bill by striking out all of sections 2 to 4 (page I, lines 14 to 39 in L.D.) 
and inserting the following: 
'Sec. 2. 38 MRSA §420-D, sub-§7, ~A, as enacted by PL 1995, c. 704, Pt. B, §2 
and affected by PL 1997, c. 603, §§8 and 9, is repealed and the following enacted in its 
place: 
A. 
Forest management activities as defined in section 480-B, subsection 2-B, 
including associated road construction or maintenance, do not require review 
pursuant to this section as long as any road construction is used primarily for forest 
management activities that do not constitute a change in land use under rules adopted 
by the Depaliment of Conservation, Bureau of Forestry concerning forest 
regeneration and clear-cutting and is not used primarily to access development, 
unless the road is removed and the site restored to its prior natural condition. Roads 
must be the minimum feasible width and total length consistent with forest 
management activities. This exemption does not apply to roads within a subdivision 
as defined in Title 30-A, section 4401, subsection 4, for the organized portions of the 
State. 
Sec. 3. 38 MRSA §480-Q, sub-§7-A, ~A, as enacted by PL 1989, c. 838, §6, is 
repealed. 
Sec. 4. 38 MRS A §480-Q, sub-§7-A,~, as amended by PL 2001, c. 618, §4, is 
further amended to read: 
D. Any road construction is used primarily for forest management activities that do 
not constitute a change in land use under rules adopted by the Department of 
Conservation, Bureau of ForestIy concerning forest regeneration and clear-cutting 
and is not used primarily to access development but is. used primarily for forest 
management activities, unless the road is removed and the site restored to its prior 
natural condition. 
Roads must be the minimum feasible width and total length 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "It" to H.P. \082, L.D. 1538 
consistent with forest management activities. This exemption does not apply to roads 
that provide access to development in within a subdivision as defined in Title 30-A, 
section 4401, subsection 4, for the organized portions of the State, or Title 12, section 
682, subsection 2-A, including divisions of land exempted by Title 12, section 682-B, 
for portions of the State under the jurisdiction of the Maine Land Use Regulation 
Commission;' 
SUMMARY 
This amendment strikes the provision in the bill that provides guidance to municipal 
planning boards when determining whether 2 or more contiguous nonconforming lots are 
owned by the same person for purposes of treating the lots as a single lot. 
The amendment replaces the exemption for forest management activities in the storm 
water management law with text that is more consistent with the exemption addressing 
forest management activities in the Natural Resources Protection Act. The amendment 
retains the clarification in the bill concerning changes in land use. 
The amendment changes part of the exemption addressing forest management 
activities in the Natural Resources Protection Act to include a clarification concerning 
changes in land use. 
COMMITTEE AMENDMENT 
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