2012 Maine Revised Statutes
TITLE 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
38 §480-E-3. Delegation of permit-granting authority to the Department of Agriculture, Conservation and Forestry, Division of Forestry

Subchapter 1: ENVIRONMENTAL PROTECTION BOARD

§480-E-3. Delegation of permit-granting authority to the Department of Agriculture, Conservation and Forestry, Division of Forestry

Notwithstanding section 480-E-1, the Department of Agriculture, Conservation and Forestry, Division of Forestry shall issue all permits under this article for timber harvesting activities that are located within the unorganized and deorganized areas of the State as defined in Title 12, section 682, subsection 1 and are not subject to review and approval by the department under any other article of this chapter. For the purposes of this section, "timber harvesting activities" means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting, the mining of gravel used for the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. [2011, c. 599, §13 (NEW); 2011, c. 657, Pt. W, §§5, 7 (REV).]

1. Activity located in organized and unorganized area. If a timber harvesting activity is located in part within an organized area and in part within an unorganized or deorganized area, that portion of the timber harvesting activity within the organized area is subject to department review under this article if that portion is an activity pursuant to this article. That portion of the timber harvesting activity within an unorganized or deorganized area of the State is not subject to the requirements of this article except as provided in subsection 2.

[ 2011, c. 599, §13 (NEW) .]

2. Allowed use. If a timber harvesting activity is located as described in subsection 1, the department may review that portion of the activity within the unorganized and deorganized areas if the Department of Agriculture, Conservation and Forestry, Division of Forestry determines that the project is an allowed use within the subdistrict or subdistricts for which it is proposed. A permit from the Division of Forestry is not required for those aspects of an activity approved by the department under this subsection.

[ 2011, c. 599, §13 (NEW); 2011, c. 657, Pt. W, §§5, 7 (REV) .]

The Department of Agriculture, Conservation and Forestry, Division of Forestry, in consultation with the department, shall annually review standards for timber harvesting activities adopted by the Division of Forestry to ensure that the standards afford a level of protection consistent with the goals of this article and the goals of Title 12, chapter 805, subchapter 3-A. [2011, c. 599, §13 (NEW); 2011, c. 657, Pt. W, §§5, 7 (REV).]

SECTION HISTORY

2011, c. 599, §13 (NEW). 2011, c. 657, Pt. W, §§5, 7 (REV).