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38 §902. Consultation process

§902. Consultation process 1.  Consultation required.  Within 180 days of filing a petition pursuant to section 901, a dam owner shall consult with the persons and entities listed in subsection 3 to determine whether any of them wish to assume ownership of the dam. During consultation with each person or group of persons, the owner […]

38 §903. Assessment of public value of dam

§903. Assessment of public value of dam 1.  Notification of agencies.  If a new owner was not located during the consultation process and the department has not rejected the petition, the department shall immediately notify the Department of Inland Fisheries and Wildlife, the Department of Agriculture, Conservation and Forestry and the Maine Emergency Management Agency […]

38 §837. Awards of new ownership (REPEALED)

§837. Awards of new ownership (REPEALED) SECTION HISTORY PL 1983, c. 417, §6 (NEW). PL 1987, c. 737, §§C92,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1989, c. 890, §§A40,B196 (AMD). PL 1993, c. 370, §8 (RP).

38 §840. Establishment of water levels

§840. Establishment of water levels 1.  Power.  The commissioner may on the commissioner’s own motion and shall, at the request of the owner, lessee or person in control of a dam, the Commissioner of Inland Fisheries and Wildlife or the Commissioner of Marine Resources, or upon receipt of petitions from the lesser of at least […]

38 §841. Maintenance of dams

§841. Maintenance of dams 1.  Prohibition.  After issuance of an order under section 840, subsection 5, establishing a water level regime for any body of water, no owner, lessee or person in control of any dam impounding the body of water, nor any subsequent transferee, may operate or maintain the dam or cause or permit […]

38 §842. Transition provision

§842. Transition provision All orders of the State Soil and Water Conservation Commission or the Commissioner of Agriculture, Food and Rural Resources issued under former Title 12, section 304 continue in effect and must be enforced by the commissioner until they expire or are rescinded or amended under this subarticle.   [PL 1989, c. 890, […]

38 §843. Municipal authority

§843. Municipal authority The commissioner shall review an ordinance submitted pursuant to Title 30‑A, chapter 187, subchapter VI for consistency with this article. If the commissioner determines that the ordinance includes all substantive provisions of this article and includes all provisions required by Title 30‑A, chapter 187, subchapter VI, the commissioner shall approve that municipality […]