§480-I. Identification of freshwater wetlands and fragile mountain areas
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).]
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).
Structure Maine Revised Statutes
TITLE 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 5-A: NATURAL RESOURCES PROTECTION ACT
38 §480-A. Findings; purpose; short title
38 §480-E. Permit processing requirements
38 §480-E-1. Delegation of permit-granting authority to Maine Land Use Planning Commission
38 §480-F. Delegation of permit-granting authority to municipality; home rule
38 §480-G. Periodic review of delegated authority
38 §480-H. Rules; performance and use standards
38 §480-I. Identification of freshwater wetlands and fragile mountain areas
38 §480-N. Lake Restoration and Protection Fund
38 §480-O. Bulkheads and retaining walls on Scarborough River; permit requirements
38 §480-P. Special protection for outstanding river segments
38 §480-Q. Activities for which a permit is not required
38 §480-R. Violations; enforcement
38 §480-S. Fee for significant wildlife habitat review
38 §480-T. Transportation improvements (REPEALED)
38 §480-U. Cranberry cultivation
38 §480-W. Emergency actions to protect threatened property
38 §480-X. Alterations of freshwater wetlands
38 §480-Y. Creation of agricultural irrigation ponds
38 §480-AA. Coastal sand dune rules
38 §480-BB. Significant wildlife habitat; major substantive rules
38 §480-CC. Significant wildlife habitat; shorebird feeding and roosting areas
38 §480-EE. Significant wildlife habitat criteria; inland open water
38 §480-FF. Notification of identification; shorebird nesting, feeding and staging areas
38 §480-HH. General permit for offshore wind energy demonstration project
38 §480-II. Small-scale wind energy development; permit requirements