CHAPTER 254
H.P. 1123 - L.D. 1531
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §1862, sub-§2, ¶C, as enacted by PL 1997, c. 678, §13, is amended to read:
C. The director shall charge an administrative fee of $100 for each lease in addition to any rent. A fee of $200 must be charged for a lease application that is received after work has begun for the proposed project.
Sec. 2. 12 MRSA §1862, sub-§3, as enacted by PL 1997, c. 678, §13, is amended to read:
3. Easements. The director may grant, upon terms and conditions the director considers reasonable, assignable easements for a term not to exceed 30 years for the use of submerged and intertidal lands for the purposes permitted in subsection 2. The grantee shall pay an administrative fee of $50 $100 for each easement at the time of processing and a registration fee of $50 due every 5 years. An administrative fee of $200 must be charged for an easement application that is received after work has begun for the proposed project. The director may refuse to grant an easement for the use of submerged and intertidal lands if the director determines that the easement will unreasonably interfere with customary or traditional public access ways to or public trust rights in, on or over the intertidal or submerged lands and the waters above those lands. The director may grant an easement for submerged and intertidal lands if a structure:
A. Is for the exclusive benefit of the abutting upland owner for charitable purposes as defined in the United States Internal Revenue Code, Section 501, (c) (3);
B. Occupies a total of not more than 500 square feet of submerged and intertidal land for any lawful purpose and is permanent; or
C. Occupies a total of not more than 2,000 square feet of submerged and intertidal land for the exclusive purpose of commercial fishing activities and is permanent.
Sec. 3. 12 MRSA §1863, sub-§2, as enacted by PL 1997, c. 678, §13, is amended to read:
2. Purpose. The purpose of the fund is to support shore and harbor management improvement activities by providing grants to municipalities. These activities include but are not limited to the development of harbor management plans and public access facilities. A portion of the fund, not to exceed 25% of available revenues, may be used to support management programs on state-owned coastal islands under the jurisdiction of the bureau.
Sec. 4. 12 MRSA §1866, sub-§2, as enacted by PL 1997, c. 678, §13, is amended to read:
2. Eligibility. An abandoned watercraft is subject to removal under this section only under the following conditions.
A. A permit under Title 38, section 9 has not been granted by the municipal board or commission entrusted with harbor management for the area.
B. A landowner has not granted permission to a watercraft owner to abandon a watercraft on that landowner's property.
C. Notice has been given the director within 120 days of abandonment of watercraft the date that the municipal board or commission determines, in its opinion, that the watercraft has been abandoned after July 1, 1993.
D. Notice has been given the director before January 1, 1994 of watercraft abandoned for less than 25 years before October 9, 1991.
Watercraft that have been abandoned for more than 25 years before October 9, 1991 prior to July 1, 1993 are not subject to removal under this section.
The municipal board or commission entrusted with harbor management is responsible for the notice requirements under this subsection.
Sec. 5. 12 MRSA §1866, sub-§4, ¶A, as enacted by PL 1997, c. 678, §13, is amended to read:
A. After notification under subsection 2, the director shall investigate any report of an abandoned watercraft and give notice to the owner if an owner can be identified. The notice must require the owner to respond within 15 days and to remove the watercraft from the coastal waters within 60 days of notification by the director or, if the watercraft is icebound, within 60 days of ice-out in the body of water where the watercraft is located. If the owner of a watercraft to whom the director has given notice does not respond to the notice and remove the watercraft within the time period specified or the owner can not be identified or contacted, the director may initiate removal of the watercraft is considered abandoned.
Effective September 13, 2003, unless otherwise indicated.
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