Weekly State Rulemaking Notices – 6/5/19

Notices are published each Wednesday to alert the public regarding state agency rulemaking. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one — the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone (207) 287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from “…any person who may be directly, substantially and adversely affected by the application of a rule…” (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rulemaking liaisons, who are single points of contact for each agency.

 

AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (Roads and Water Crossings)
ADOPTED RULE NUMBER: 2019-092
CONCISE SUMMARY: The adopted revisions will improve consistency of the Commission’s road and water crossings standards with the Maine DEP rules, as well as improve consistency with certain provisions of the existing Army Corps, General Permit for the State of Maine. References are included to clarify that the Commission’s crossing standards do not apply to land management roads that are regulated by the Maine Forest Service, nor the replacement of existing culverts that are covered by a statutory exemption. The revisions also reorganize the standards to improve readability.
EFFECTIVE DATE: June 17, 2019
AGENCY CONTACT PERSON: Emily Horton, Agriculture, Conservation & Forestry, 22 & 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-4909. Email: Emily.K.Horton@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
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AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix D, Personal Watercraft Prohibited
ADOPTED RULE NUMBER: 2019-093
CONCISE SUMMARY: Consistent with 12 MRS §685-C(10)(D), the Commission updates its list of “Lakes and rivers on which the use of personal watercraft is prohibited” to include Upper Wilson Pond in Bowdoin College Grant West Township. Because of the Moosehead Region Conservation Easement, Upper Wilson Pond now meets the statutory criteria for prohibition of personal watercraft.
EFFECTIVE DATE: June 17, 2019
AGENCY CONTACT PERSON: Emily Horton, Agriculture, Conservation & Forestry, 22 & 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-4909. Email: Emily.K.Horton@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
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AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (relating to the Adjacency Principle)
ADOPTED RULE NUMBER: 2019-094
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted amendments to Ch. 10, Land Use Districts and Standards, related to the Commission’s policy for locating new development – called the adjacency principle. The rule revisions replace the Commission’s current application of the adjacency principle, called the one mile rule-of-thumb, with a new system for locating development near existing compatible development and public roads. Additionally, revisions to the Commission’s subdivision layout and design standards incorporate more flexibility and allow more design options, while maintaining protections for important natural and cultural resources. Changes adopted in this rulemaking include typical redlined edits and a couple sections that have been repealed and replaced.
EFFECTIVE DATE: June 17, 2019
AGENCY CONTACT PERSON: Emily Horton, Agriculture, Conservation & Forestry, 22 & 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-4909. Email: Emily.K.Horton@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
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