An Act to Exempt Pegmatite Mining from the Maine Metallic
Maine Legislature, Session 132, LD 0795
Sponsors: MARTIN, SOBOLESKI
Amends: 38 MRSA §490-M, 38 MRSA §490-N

Legislative Document
No. 795
S.P. 360
In Senate, March 4, 2025
An Act to Exempt Pegmatite Mining from the Maine Metallic 
Mineral Mining Act and Establish a Permit-by-rule Process
Received by the Secretary of the Senate on February 27, 2025.  Referred to the Committee 
on Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MARTIN of Oxford.
Cosponsored by Representative SOBOLESKI of Phillips and
Representatives: LANCE of Paris, SCHMERSAL-BURGESS of Mexico, WADSWORTH of 
Hiram.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §490-MM, sub-§11, as amended by PL 2023, c. 398, §3, is 
further amended to read:
11.  Mining, mining operation or mining activity.  "Mining," "mining operation" or 
"mining activity" means activities, facilities or processes necessary for the extraction or 
removal of metallic minerals or overburden or for the preparation, washing, cleaning or 
other treatment of metallic minerals and includes the bulk sampling, advanced exploration, 
extraction or beneficiation of metallic minerals as well as waste storage and other stockpiles 
and reclamation activities, but does not include exploration, pegmatite mining conducted 
pursuant to section 490-NN, subsection 6 or any of the following activities:
A.  The physical extraction, crushing, grinding, sorting, storage or heating of calcium 
carbonate or limestone to produce cement when such activity is subject to article 6, 
article 8‑A or Title 12, chapter 206‑A or when such activity covers one acre or less of 
surface area in total;
B.  The exploration for or physical extraction, crushing, grinding, sorting or storage of 
borrow, topsoil, clay or silt when such activity is subject to article 7 or Title 12, chapter 
206‑A or when such activity covers 5 acres or less of surface area in total;
C.  The exploration for or physical extraction, crushing, grinding, sorting or storage of 
gemstones, aggregate, dimension stone or other construction materials from a quarry 
that is subject to article 8‑A or Title 12, chapter 206‑A or when such activity covers 
one acre or less of surface area in total; and
D.  The exploration for or physical extraction, crushing, grinding, sorting or storage of 
any other metallic minerals when such activity has been excluded from the 
requirements of this article pursuant to a determination made by the department under 
section 490‑NN, subsection 4.
Sec. 2.  38 MRSA §490-MM, sub-§13-B is enacted to read:
13-B.  Pegmatite mining.  "Pegmatite mining" means the extraction for commercial 
sale of pegmatite or similar minerals commonly found in pegmatite rock formations, 
including, but not limited to, gemstones, feldspar, mica and lithium-bearing minerals.
Sec. 3.  38 MRSA §490-NN, sub-§5, as enacted by PL 2023, c. 398, §5, is amended 
to read:
5.  Mining excise tax.  A person engaging in mining activities pursuant to this article 
and a person, pursuant to article 6, article 7, article 8‑A or Title 12, chapter 206‑A, engaging 
in activities described in section 490‑MM, subsection 11, paragraph D following a 
determination by the department under subsection 4 is subject to the mining excise tax 
under Title 36, chapter 371.  A person engaging in pegmatite mining conducted pursuant 
to subsection 6 or in the activities described in section 490‑MM, subsection 11, paragraphs 
A to C is not subject to the mining excise tax under Title 36, chapter 371.
Sec. 4.  38 MRSA §490-NN, sub-§6 is enacted to read:
6.  Pegmatite mining; permit by rule.  In accordance with the requirements of this 
subsection, the department may authorize a person to engage in pegmatite mining through 
a permit by rule if:
A.  The pegmatite mining activity is subject to and satisfies the requirements of article 
8-A, as applicable, including, but not limited to, site reclamation requirements, 
environmental protection standards and public safety standards; and
B.  The area on which active pegmatite mining is to occur covers 20 acres or less of 
surface area in total.  If the area of active pegmatite mining reaches the 20-acre limit, 
the person may apply for and the department may issue additional permits by rule in 
accordance with this subsection as long as the area on which active pegmatite mining 
is to occur under each permit by rule does not exceed 20 acres of surface area.
Notwithstanding any provision of law to the contrary, the department shall decide upon an 
application for permit by rule submitted pursuant to this subsection within 30 calendar days 
after notifying the applicant of acceptance of the application.  If the department does not 
approve or deny the application within that 30-day period, the applicant may begin the 
pegmatite mining activity as described in the application.  
Pegmatite mining conducted pursuant to this subsection is not subject to the otherwise 
applicable requirements of this article, the otherwise applicable rules adopted pursuant to 
this article, except for those rules adopted by the department pursuant to this subsection, or 
the fees for metallic mineral mining set forth in section 352, subsection 4‑A.  
The department shall adopt rules to implement this subsection.  Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2‑A.
SUMMARY
This bill amends the Maine Metallic Mineral Mining Act to provide that the 
Department of Environmental Protection may authorize a person to engage in pegmatite 
mining through a permit by rule if:
1.  The activity is subject to and satisfies the requirements of the quarrying laws, as 
applicable, including, but not limited to, site reclamation requirements, environmental 
protection standards and public safety standards; and
2.  The area on which active pegmatite mining is to occur covers 20 acres or less of 
surface area in total.
Pegmatite mining conducted pursuant to such a permit by rule is not subject to the 
otherwise applicable requirements of the mining law, the otherwise applicable rules 
adopted pursuant to that law or the otherwise applicable fees for metallic mineral mining.  
The bill defines "pegmatite mining" as the extraction for commercial sale of pegmatite or 
similar minerals commonly found in pegmatite rock formations, including, but not limited 
to, gemstones, feldspar, mica and lithium-bearing minerals.