An Act To Facilitate the Removal of Dams That Pose a Hazard to Public Safety and the Installation and Repair of Fishways
Maine Legislature, Session 124, LD 0348
Committee: Natural Resources
Sponsors: DAMON
Amends: 38 MRSA §480, 38 MRSA §480-Q

MAINE STATE LEGISLATURE 
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124th MAl 
LEGISLATURE 
FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No. 348 
S.P.112 
In Senate, February 3, 2009 
An Act To Facilitate the Removal of Dams That Pose a Hazard to 
Public Safety and the Installation and Repair of Fishways 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
Printed O~ recycled pil •• r 
9t9(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §480-:Q, sub-§25, as amended by PL 2005, c. 330, §15, is 
further amended to read: 
25. Existing agricultural fields and pastures. Maintenance, but not enlargement, 
of agricultural fields and pastures in existence on September 1, 2002 that are adjacent to a 
river, stream or brook not rc:gulated by a municipality under chapter 3, subchapter 1, 
article 2-B; aOO 
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Sec. 2. 38 MRSA §480-Q, sub-§26, as enacted by PL 2005, c. 330, §16, IS 
amended to read: 
26. 
Overboard wastewater system. Installation, maintenance or removal of a 
licensed overboard discharge treatment system, including the outfall pipe, if: 
A. 
Erosion control measures are taken to prevent sedimentation of the water; 
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B. 
Effects of construction activity on the protected natural resource are minimized; 
and 
C. 
The activity is approved by the department as provided in the department's rules 
concerning overboard discharges adopted pursuant to section 414-A·.;. 
Sec. 3. 38 MRSA §480-Q, sub-§27 is enacted to read: 
27. Fishways. Erection, maintenance, repair or alteration of a fishway in a dam or 
other artificial obstruction when required or performed by the Commissioner of Inland 
Fisheries and Wildlife pursuant to Title 12, section 12760 or by the Commissioner of 
. Marine Resources pursuant to Title 12, section 6121; 
Sec. 4. 38 MRSA §480-Q, sub-§28 is enacted to read: 
28. Release of water from abandoned dam. Activity associated with the release of 
water from an abandoned dam pursuant to an order issued by the department pursuant to 
section 905; and 
Sec. 5. 38 MRSA §480-Q, sub-§29 is enacted to read: 
. 29. Dam safety order. Activity associated with the breach or removal of a dam 
. pursuant to an order issued by the Commissioner of Defense, Veterans and Emergency 
Management under Title 37-B, chapter 24. 
SUMMARY 
This bill amends the Natural Resources Protection Act to specify that a permit is not 
required for: 
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1. The erection, maintenance, repair or alteration of a fishway in a dam or other 
artificial obstruction when required by the Commissioner of InIand Fisheries and Wildlife 
or the Commissioner of Marine Resources; 
2. Activity associated with the release of water from an abandoned dam pursuant to 
an order issued by the Department of Environmental Protection under the Maine Revised 
Statutes, Title 38, section 905; and 
3. Activity associated with the breach or removal of a dam pursuant to a dam safety 
order issued by the Commissioner of Defense, Veterans and Emergency Management 
under Title 37-B, chapter 24.