Article 5-A: NATURAL RESOURCES PROTECTION ACT HEADING: PL 1987, C. 809, §2 (NEW); 2007, C. 290,
§480-E. Permit processing requirements
The department shall process all permits under this article, except as provided in
section 480-E-1, in accordance with chapter 2, subchapter I, and the following requirements. [1999, c. 333, §19 (AMD).]
1.Municipal and other notification.
The department shall provide notice according to this subsection.
A. Except as otherwise provided in paragraph B, the department may not review a permit
without notifying the municipality in which the proposed activity is to occur. The
municipality may provide comments within a reasonable period established by the commissioner
and the commissioner shall consider any such comments. [2009, c. 615, Pt. E, §10 (NEW).]
B. The department may not review an application for an offshore wind power project without
(1) Notice to the Maine Land Use Planning Commission when the proposed development
is located within 3 miles of an area of land within the jurisdiction of the Maine
Land Use Planning Commission; and
(2) Notice to any municipality with land located within 3 miles of the proposed development
and any municipality in which development of associated facilities is proposed.
The Maine Land Use Planning Commission and any municipality notified pursuant to this
paragraph may provide comments within a reasonable period established by the commissioner
and the commissioner shall consider such comments. [2009, c. 615, Pt. E, §10 (NEW); 2011, c. 682, §38 (REV).]
2009, c. 615, Pt. E, §10 (RPR);
2011, c. 682, §38 (REV)
2.Water supply notification and review.
If the resource subject to alteration or the underlying ground water is utilized
by a community public water system as a source of supply, the applicant for the permit shall, at the time of filing
an application, forward a copy of the application to the community public water system and the drinking water program of the Department of
Health and Human Services by certified mail and the department shall consider any comments concerning the application
filed with the commissioner within a reasonable period, as established by the commissioner.
2007, c. 353, §10 (AMD)
3.Dredge spoils disposal.
The commissioner may not accept an application for dredge spoils disposal in a coastal
wetland unless the following requirements are met.
A. The applicant has collected and tested the dredge spoils in accordance with a protocol
approved by the commissioner. [1993, c. 296, §3 (AMD).]
B. The applicant has published notice of the proposed route by which the dredged materials
are to be transported to the disposal site in a newspaper of general circulation in
the area adjacent to the proposed route. [1989, c. 656, §4 (NEW).]
C. The application has been submitted to each municipality adjacent to any proposed
marine and estuarine disposal site and route. [1989, c. 656, §4 (NEW).]
Any public hearing held pursuant to this application must be held in the municipality
nearest to the proposed disposal site.
1993, c. 296, §3 (AMD)
When winter conditions prevent the department or municipality from evaluating a
permit application, the department or municipality, upon notifying the applicant of
that fact, may defer action on the application for a reasonable period. The applicant
may not alter the resource area in question during the period of deferral.
1989, c. 656, §4 (NEW);
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. B, §73 (AMD)
5.Permission of record owner.
The written permission of the record owner or owners of flowed land is considered
sufficient right, title or interest to confer standing for submission of a permit
application, provided that the letter of permission specifically identifies the activities
being performed and the area that may be used for that purpose. The commissioner
may not refuse to accept a permit application for any prohibited activity due to the
lack of evidence of sufficient right, title or interest if the owner or lessee of
land adjoining a great pond has made a diligent effort to locate the record owner
or owners of flowed land and has been unable to do so.
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. B, §73 (NEW)
A person issued a permit pursuant to this article for activities in a great pond
watershed shall have a copy of the permit on site while work authorized by that permit
is being conducted. Activities exempt by rule from the requirements of this article
are not required to be in compliance with this subsection.
1991, c. 838, §24 (NEW)
7.Individual permit; maintenance dredging.
Notwithstanding section 480-X, if an analysis of alternatives to the dredging project
has been completed by the applicant within the previous 10 years pursuant to section
480-X and rules adopted to implement that section as part of an individual permit
application, the applicant may update the previous analysis for purposes of obtaining
an individual permit for maintenance dredging under this subsection.
2011, c. 65, §1 (RPR)
8.Permit by rule; maintenance dredging renewal.
An individual permit for maintenance dredging may be renewed with a permit by rule
only if the area to be dredged is located in an area that was dredged within the last
10 years and the amount of material to be dredged does not exceed the amount approved
by the individual permit.
2011, c. 65, §2 (RPR)
9.Permit; reconstruction in V-Zone.
2005, c. 548, §1 (RP)
10.Road construction associated with forest management activities.
1999, c. 695, §3 (NEW);
MRSA T. 38, §480-E, sub-§10 (RP)
11.Road construction associated with forest management activities.
A permit by rule for road construction or maintenance associated with a forest
management activity becomes effective upon receipt of notification by the department
as long as:
A. The road construction or maintenance is eligible for a permit by rule; and [2003, c. 23, §1 (NEW).]
B. The notification is on a form provided by the department and is complete. [2003, c. 23, §1 (NEW).]
2003, c. 23, §1 (NEW)
A person intending to file an application for a permit to remove an existing dam
must attend a preapplication meeting with the department and must hold a public informational
meeting prior to filing the application. The preapplication meeting and the public
informational meeting must be held in accordance with the department's rules on the
processing of applications.
2003, c. 134, §1 (NEW)
1987, c. 809, §2 (NEW).
1989, c. 656, §4 (RPR).
1989, c. 890, §§A40,B73 (AMD).
1991, c. 838, §24 (AMD).
1993, c. 296, §3 (AMD).
1997, c. 240, §1 (AMD).
1999, c. 298, §1 (AMD).
1999, c. 333, §19 (AMD).
1999, c. 695, §3 (AMD).
2003, c. 23, §1 (AMD).
2003, c. 134, §1 (AMD).
2005, c. 548, §1 (AMD).
2007, c. 353, §10 (AMD).
2009, c. 615, Pt. E, §10 (AMD).
2011, c. 65, §§1, 2 (AMD).
2011, c. 682, §38 (REV).
MRSA T.38, §480E/10 (AMD).
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