1. Identification by maps. The commissioner shall map areas meeting the definition of fragile mountain areas set forth in this article. The data developed under section 546?B may be used for mapping significant wildlife habitat. Maps of significant wildlife habitats that have been produced by the Department of Inland Fisheries and Wildlife must be adopted by rule pursuant to the Maine Administrative Procedure Act by the department if:
A. The maps are of one or more of the types of areas listed in section 480?B, subsection 10, paragraph A; or [PL 2007, c. 290, §3 (NEW).]
B. The maps are of one or more of the types of areas listed in section 480?B, subsection 10, paragraph B and are for purposes of determining when a permit is required for forest management activities. [PL 2007, c. 290, §3 (NEW).]

[PL 2007, c. 290, §3 (AMD).]

Terms Used In Maine Revised Statutes Title 38 Sec. 480-I

  • Forest management activities: means timber stand improvement, timber harvesting activities, forest products harvesting and regeneration of forest stands. See Maine Revised Statutes Title 38 Sec. 480-B
  • Fragile mountain areas: means areas above 2,700 feet in elevation from mean sea level. See Maine Revised Statutes Title 38 Sec. 480-B
  • Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
  • significant wildlife habitat: is a s defined and mapped in accordance with section 480?I by the Department of Inland Fisheries and Wildlife, the following areas that are defined by the Department of Inland Fisheries and Wildlife and are in conformance with criteria adopted by the Department of Environmental Protection or are within any other protected natural resource:
    (1) Significant vernal pool habitat;
    (2) High and moderate value waterfowl and wading bird habitat, including nesting and feeding areas;
    (3) Shorebird nesting, feeding and staging areas; and
    (4) Habitat for state endangered and state threatened species listed under Title 12, section 12803, subsection 3 that is within another protected natural resource area or that is located wholly or partly within the boundaries of a proposed project site that requires approval from:
    (a) The department pursuant to this article or article 6, 7 or 8?A, except for activity or development on a residential lot that is not part of a proposed multi lot housing development; or
    (b) The Maine Land Use Planning Commission pursuant to this article as provided in section 480?E?1 or, for subdivisions and nonresidential uses only, pursuant to Title 12, chapter 206?A. See Maine Revised Statutes Title 38 Sec. 480-B
2. Procedures. The maps and subsequent amendments to be adopted pursuant to the Maine Administrative Procedure Act are subject to the following procedures.
A. Preliminary maps of the affected area or amendments of a map must be sent to the municipal officers or their designees. [PL 2007, c. 290, §4 (AMD).]
B. Upon receipt of the proposed maps, the municipal officers of each municipality shall take any action they determine appropriate to increase public participation in this identification and delineation, but shall return their comments to the commissioner within a 90-day period. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §77 (AMD).]

[PL 2007, c. 290, §4 (AMD).]

3. Progress report.

[PL 2007, c. 655, §2 (RP).]

SECTION HISTORY

PL 1987, c. 809, §2 (NEW). PL 1989, c. 890, §§A40,B76,77 (AMD). PL 1991, c. 693, §2 (AMD). PL 1997, c. 230, §1 (AMD). PL 2007, c. 290, §§3, 4 (AMD). PL 2007, c. 655, §2 (AMD).
  Previous section
Next section  
 Article 5-A Contents