Weekly State Rulemaking Notices – 8/29/18

AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBERS AND TITLES:
Ch. 13, Metallic Mineral Exploration, Advanced Exploration and Mining; and
Ch. 10, Land Use Districts and Standards
ADOPTED RULE NUMBERS: 2018-171, 172
CONCISE SUMMARY: The Land Use Planning Commission has adopted rule changes to comply with PL 2017 c. 142, 128th Legislature. Specifically, §12 of Ch. 142 requires the Commission, by July 1, 2018, to “adopt rules related to commission certification of metallic mineral mining permit applications in accordance with the Maine Revised Statutes, Title 38, section 490-NN, subsection 2.” Also, the section requires that, “Rules adopted pursuant to this section must include any additional provisions necessary to ensure consistency with the Maine Metallic Mineral Mining Act and rules related to the Maine Metallic Mineral Mining Act adopted by the Department of Environmental Protection.” Changes adopted in this rulemaking include a repeal and replacement of the Commission’s Ch. 13 rule, renaming Ch. 13 to Metallic Mineral Exploration and Mining Certifications, updating provisions for metallic mineral exploration, adding provisions for mining certifications, and amending the Commission’s Ch. 10 rule to ensure consistency with Ch. 13 and clarify the relationship between the two chapters.
EFFECTIVE DATE: September 20, 2018
DACF CONTACT PERSON / RULEMAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 & 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-4909. Email: Mari.Wells@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/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
ADOPTED RULE NUMBERS: 2018-173
CONCISE SUMMARY: The Land Use Planning Commission has adopted rule revisions for routine maintenance of its Ch. 10, Land Use Districts and Standards. For organizational purposes, the revisions were divided into three parts:
Part 1 includes responses to two laws in 2017 that affect the Commission, as well as other revisions that cover general housekeeping matters, update references, and clarify existing provisions. Part 2 of this rulemaking updates the Commission’s standards relating to protected natural resources to ensure consistency, as required in statute, with the goals of the Natural Resources Protection Act (NRPA). The NRPA-related changes clarify the existing practice for rezoning areas that include wetlands, ensure consistent application of existing standards to wetland alterations in all zoning subdistricts, establish that filling and grading an acre or more in the General Management Subdistrict (M-GN) requires a permit, and contain other miscellaneous revisions to improve clarity and consistency with other related statutes and rules. Part 3 includes revisions that correct errors and update references in Appendix C – “Alphabetical List of Lakes Showing Wildlands Lake Assessment Findings”. Revisions include updating minor civil division and waterbody names, as well as correcting certain management classifications and resource values for some waterbodies.
EFFECTIVE DATE: September 20, 2018
DACF CONTACT PERSON / RULEMAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation and Forestry, 22 & 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-4909. Email: Mari.Wells@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/index.shtml .