LD 1786
pg. 1
LD 1786 Title Page An Act to Amend the Review Criteria for Submerged Leases of Coastal Waters ... Page 2 of 2
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LR 2516
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, the Department of Marine Resources has pending before
it applications for leases for review; and

 
Whereas, it is necessary that this legislation be enacted as an
emergency in order that the department may apply the new criteria
when reviewing the pending applications; and

 
Whereas, in the judgment of the Legislature, these facts create
an emergency within the meaning of the Constitution of Maine and
require the following legislation as immediately necessary for
the preservation of the public peace, health and safety; now,
therefore,

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 12 MRSA §6072, sub-§7-A, ¶¶E and F, as enacted by PL 1987, c.
453, §1, are amended to read:

 
E. The applicant has demonstrated that there is an
available source of organisms to be cultured for the lease
site; and

 
F. The lease does not unreasonably interfere with public
use or enjoyment within 1,000 3,000 feet of municipally
owned, state owned or federally owned beaches and parks or
municipally owned, state owned or federally owned docking
facilities.; and

 
Sec. 2. 12 MRSA §6072, sub-§7-A, ¶G is enacted to read:

 
G.__The lease will not adversely affect the rights of
riparian owners by diminishing their overall economic
interests, including property values; by creating a
nuisance; by negatively affecting aesthetic values and
views; by negatively affecting ecological conditions; or by
being incompatible with existing recreational and
residential uses.

 
For purposes of this paragraph, "riparian owner"__means a
shorefront owner whose property boundaries are within 3,000
feet of the proposed lease boundaries.

 
Emergency clause. In view of the emergency cited in the preamble,
this Act takes effect when approved.


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