Resolve, Regarding Legislative Review of Portions of Chapter 305: Permit by Rule, a Major Substantive Rule of the Department of Environmental Protection
Maine Legislature, Session 125, LD 1797
Committee Amendment CA_A_H751 (House)

COMMITTEE AMENDMENT" A" to H.P. 1323, L.D. 1797, "Resolve, Regarding 
Legislative Review of Portions of Chapter 305: Permit by Rule, a Major Substantive Rule 
of the Department of Environmental Protection" 
Amend the resolve by striking out all of section 1 (page I, lines 14 to 17 in L.D.) and 
inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 305: 
Permit by Rule, a provisionally adopted major substantive rule of the Department of 
Environmental Protection that has been submitted to the Legislature for review pursuant 
to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if 
the following changes are made. 
1. The portion of the rule designated as standards for new activities in an upland area 
on a lot in a moderate value inland waterfowl and wading bird habitat and that contains 
no development area must be amended to change from 150 feet to 100 feet: 
A. The minimum distance that new structures must be located landward of the 
upland edge or forested wetland edge of the inland wetland complex within the 
waterfowl and wading bird habitat; 
B. The distance from the upland edge or forested wetland edge of the inland wetland 
complex within the waterfowl and wading bird habitat beyond which no more than 
20% of the applicant's land within the habitat may be cleared or developed; and 
C. The distance from the upland edge or forested wetland edge of the inland wetland 
complex within the waterfowl and wading bird habitat within which cutting and 
removal of vegetation is limited as otherwise provided for in the rule. 
2. The note in section 20, paragraph A regarding exterior lighting must be amended 
to provide that if exterior lighting is anticipated to extend into the habitat within the 
100-foot setback, the department may request a detailed lighting plan.' 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT·A "to H.P. 1323, L.D. 1797 
SUMMARY 
This amendment is the minority report of the committee. The amendment changes 
from 150 feet to 100 feet the setback within which specified activities may occur within 
upland areas in moderate value inland waterfowl and wading bird habitat. 
FISCAL ~OTE REQCIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/01112 frac:. 
LD 1797 
LR 2729(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 305: Permit by Rule, a Major 
Substantive Rule of the Department of Environmental Protection 
Fiscal Note for Bill as Amended by Committee Amendment ',Iq" (U -75 ~ 
Committee: Environment and Natural Resources 
I I) 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - Other Special Revenue Funds 
Fiscal Detail and Notes 
The bill would expand the number of development projects that can be issued a permit utilizing the permit-by-rule 
process under the Natural Resources Protection Act rather than a standard permit. The fee assessed by the Department 
of Environmental Protection for the issuance of a permit-by-rule is lower than the fee for a standard permit, which will 
result in a minor reduction of funds to the Maine Environmental Protection Fund. 
LR2729(02) - Fiscal Note - Page 1 of 1