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12 §1871. Declaration of policy

§1871. Declaration of policy Whereas the preservation, protection and development of the natural scenic beauty and the unique character of our waterways, wildlife habitats and wilderness recreation resources for this generation and all succeeding generations; the prevention of erosion, droughts, freshets and the filling up of waters; and the promotion of peace, health, morals and […]

12 §1872. Definitions

§1872. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1997, c. 678, §13 (NEW).] 1.  Bounds of the watercourse.  “Bounds of the watercourse” means the high-water marks of the shorelines of the lakes and ponds, the high-water marks of the intervening and connecting […]

12 §1873. Establishment; area

§1873. Establishment; area 1.  Allagash Wilderness Waterway.  The Allagash Wilderness Waterway, in this subchapter called the “waterway,” is established. The area of the waterway includes the watercourse as defined in section 1872, subsection 12 and all land area and all waters within one mile of the bounds of the watercourse as defined in section 1872, […]

12 §1874. Administration

§1874. Administration The bureau shall administer the waterway under this subchapter, with the exception of powers to control activities previously delegated by law to the department’s Bureau of Forestry, the Department of Inland Fisheries and Wildlife and the Board of Environmental Protection. The director shall create technical committees as needed to advance the waterway’s purposes. […]

12 §1875. Control of water areas; permitted and prohibited uses

§1875. Control of water areas; permitted and prohibited uses 1.  Power watercraft.  Power watercraft may be used in the waterway only as follows.   A. Watercraft equipped with power propulsion of any kind or any other motorized equipment are allowed on Telos Lake, Round Pond (T. 6, R. 11) and Chamberlain Lake as permitted by […]

12 §1876. Control of land areas

§1876. Control of land areas 1.  Structures.  New structures or expansions of existing structures are not permitted within the restricted zone, except those structures essential to state service agencies, those structures determined by the bureau to be essential in maintaining water level controls and temporary structures determined by the bureau to be necessary for watercourse […]

12 §1877. Authority to acquire property by eminent domain or otherwise

§1877. Authority to acquire property by eminent domain or otherwise The bureau may acquire, on behalf of the State, land, improvements or any interest therein and water and power rights within the boundaries of the waterway or adjacent thereto by purchase, lease or gift and to enter into agreements concerning the same. Any land acquired […]

12 §1878. Manner of acquisition by eminent domain

§1878. Manner of acquisition by eminent domain Acquisition of property by the bureau by eminent domain pursuant to section 1877 must be made in the manner provided in Title 35-A, chapter 65.   [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] […]

12 §1879. Initial plan for acquisition

§1879. Initial plan for acquisition As soon as possible after availability of funds after December 29, 1966 the bureau shall proceed to acquire title in fee simple to land within the restricted zone. The bureau shall acquire within the restricted zone any other rights the bureau determines necessary or convenient to accomplish the purposes of […]

12 §1880. Control of timber harvesting operations

§1880. Control of timber harvesting operations 1.  Restricted zone; timber harvesting.  Timber harvesting operations are not permitted within the restricted zone, except:   A. By direction of the bureau for the purpose of maintaining healthy forest conditions; or   [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, […]

12 §1881. Use of roads

§1881. Use of roads 1.  New roads.  The bureau has sole control of access to the waterway from any public road.   [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] 2.  Existing roads.  Existing private roads within the waterway remain privately […]

12 §1882. Access points and control stations

§1882. Access points and control stations Except as provided in this section, the bureau may determine the location of access points, control stations and watercourse crossings within the waterway.   [PL 2005, c. 598, §1 (RPR); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] 1.  Spring, summer […]

12 §1884. Enforcement, inspection and penalties for violations

§1884. Enforcement, inspection and penalties for violations Permits issued by the bureau under this subchapter have the force and effect of law. No timber harvesting operation may be undertaken except in conformance with this subchapter.   [PL 2001, c. 604, §16 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. […]

12 §1888. Employees

§1888. Employees The bureau shall fix the duties of and employ permanently or part-time any employees and other personnel, subject to the Civil Service Law, the bureau considers necessary in the discharge of its duties under this subchapter.   [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, […]

12 §1889. Allocation of funds

§1889. Allocation of funds Except for revenues resulting from an increase in fees in the waterway that, as provided in this chapter, accrue to a dedicated revenue account to be used for capital improvements in the waterway, all money received by the bureau with respect to the operation and management of the waterway must be […]