reglab/housing_qa huggingface dataset:
38 ME Rev Stat § 961 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 6: SACO RIVER CORRIDOR|38 §961. Relation to municipal, state and federal regulations

 §961. Relation to municipal, state and federal regulations Nothing in this chapter prevents municipal, state or federal authorities from adopting and administering more stringent requirements regarding performance standards or permitted uses within use districts established by the commission or within districts overlapping the districts established pursuant to this chapter. Where there is a conflict between a provision adopted under this chapter and any other municipal, state or federal requirement applicable to the same land or water areas within the corridor, the more restrictive provision takes precedence. All performance standards, rules and regulations proposed for hearing by the commission must be submitted to the Commissioner of Environmental Protection, the Department of Agriculture, Conservation and Forestry, the Greater Portland Council of Governments and the Southern Maine Regional Planning Commission at least 7 days prior to the hearing for review and comment. The commission may not adopt any rule establishing air or water quality standards within the corridor in conflict with the rules of the Department of Environmental Protection without the prior approval of the Board of Environmental Protection.   [PL 2011, c. 655, Pt. JJ, §37 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]SECTION HISTORY PL 1979, c. 459, §1 (NEW). PL 1989, c. 890, §§A40,B204 (AMD). PL 2011, c. 655, Pt. JJ, §37 (AMD). PL 2011, c. 655, Pt. JJ, §41 (AFF). PL 2011, c. 657, Pt. W, §5 (REV).
38 ME Rev Stat § 962-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 6: SACO RIVER CORRIDOR|38 §962-A. Additional performance standards

 §962-A. Additional performance standards The commission, after notice and public hearing, may establish such additional performance standards as it deems necessary to carry out the purposes of this chapter, provided that such standards are consistent with the standards established in section 962.   [PL 1977, c. 459, §1 (NEW).]1.  Standards.  In establishing additional performance standards under this section for any permitted use, the commission shall endeavor to develop standards which will assure that the uses under consideration will be located on suitable soils and will not result in unreasonable:   A. Degradation of air and water quality;   [PL 1979, c. 459, §1 (NEW).]B. Harmful alteration of wetlands;   [PL 1979, c. 459, §1 (NEW).]C. Increase in erosion or sedimentation;   [PL 1979, c. 459, §1 (NEW).]D. Obstruction of flood flow;   [PL 1979, c. 459, §1 (NEW).]E. Destruction of fish and wildlife habitat;   [PL 1979, c. 459, §1 (NEW).]F. Despoliation of the scenic, rural and open space character of the corridor;   [PL 1979, c. 459, §1 (NEW).]G. Overuse of the rivers for recreation;   [PL 1979, c. 459, §1 (NEW).]H. Overcrowding;   [PL 1979, c. 459, §1 (NEW).]I. Excessive noise;   [PL 1979, c. 459, §1 (NEW).]J. Obstruction to navigation; or   [PL 1979, c. 459, §1 (NEW).]K. Interference with the educational, scenic, historic or archaeological values of those areas designated and approved for inclusion within the Resource Protection District.   [PL 1979, c. 459, §1 (NEW).][PL 1979, c. 459, §1 (NEW).] SECTION HISTORY PL 1979, c. 459, §1 (NEW).
38 ME Rev Stat § 962-B (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 6: SACO RIVER CORRIDOR|38 §962-B. Amendments to district boundaries and performance standards

 §962-B. Amendments to district boundaries and performance standards The commission may initiate, and any municipal agency, an organization qualified under section 966-A or any property owner or lessee may petition for a change in the boundary of any land use district or for amendments to any additional performance standard adopted pursuant to section 962-A.   [PL 1979, c. 459, §1 (NEW).]No change in a district boundary shall be approved unless substantial evidence shows that the area is better suited for uses other than those permitted in the district in which it is situated, or changes in conditions have made the present classification unreasonable.   [PL 1979, c. 459, §1 (NEW).]No amendment to performance standards shall be approved unless substantial evidence shows that:   [PL 1979, c. 459, §1 (NEW).]1.  Conditions not in evidence.  Conditions exist which were not evident when the performance standard was adopted;   [PL 1979, c. 459, §1 (NEW).] 2.  Purpose not served.  The performance standard does not serve the purpose of this chapter; or   [PL 1979, c. 459, §1 (NEW).] 3.  Amendment preferable.  The amendment would better fulfill the purpose of this chapter.   [PL 1979, c. 459, §1 (NEW).] SECTION HISTORY PL 1979, c. 459, §1 (NEW).
38 ME Rev Stat § 963 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 6: SACO RIVER CORRIDOR|38 §963. Variance from performance standards

 §963. Variance from performance standards 1.  Variance.  A relaxation of the performance standards enacted by this chapter or adopted pursuant thereto may be granted by the commission, after notice and public hearing, upon a finding by the commission that the following provisions are met:   A. Application of the performance standard to the land or water area in question will result in undue hardship to the applicant, provided that hardship to the applicant, provided that hardship shall not be construed to include:   (1) Any hardship attributable to any act, course of conduct or failure to act of the applicant or his predecessor in interest beginning with the owner of record on the effective date of this chapter or of a performance standard adopted pursuant thereto from which a variance is sought; or   (2) Any hardship that is not unique to the petitioner's land;   [PL 1979, c. 459, §1 (NEW).]B. The variance, if granted, will not subvert the intent of this chapter as stated in section 951 or as manifested in the standards from which a variance is sought; and   [PL 1979, c. 459, §1 (NEW).]C. The proposed use, if a variance is granted, will not unreasonably interfere with the use and enjoyment of their lands by adjacent landowners, or result in any unreasonable:   (1) Degradation of air and water quality;   (2) Harmful alteration of wetlands;   (3) Increase in erosion or sedimentation;   (4) Danger of increased flood damage;   (5) Obstruction of flood flow;   (6) Damage to fish and wildlife habitat;   (7) Despoliation of the scenic, rural and open space character of the corridor;   (8) Overcrowding;   (9) Excessive noise;   (10) Obstructions to navigation; or   (11) Interference with the educational, scenic, scientific, historic or archaeological values of those areas designated and approved for inclusion within the Resource Protection District.   [PL 1977, c. 459, §1 (NEW).]No variance shall be granted because of other nonconforming uses within a district or because of similar uses in an adjoining district. The burden of proof shall be on the applicant to show entitlement to a variance under this section. The owner of a building lot of record which is wholly within the corridor on March 19, 1974, shall be entitled to a variance for a single family residence which may be granted by the commission without public hearing. Any variance granted by the commission may be granted subject to such reasonable conditions concerning matters enumerated in section 959-B as the commission finds necessary to avoid the dangers enumerated in section 957-D. For the purposes of enforcement, variances granted hereunder and the conditions thereto shall be treated as orders of the commission.   [PL 1979, c. 459, §1 (NEW).] SECTION HISTORY PL 1979, c. 459, §1 (NEW).
38 ME Rev Stat § 963-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 6: SACO RIVER CORRIDOR|38 §963-A. Special use variance

 §963-A. Special use variance 1.  No variance where prohibited.  No variance shall be granted in order to permit a use within a district in which such use is expressly prohibited, except in accordance with this section. A special use variance may be granted, after notice and public hearing, to permit a single family dwelling within the Resource Protection District upon a finding by the commission that the grant of such a special use variance is necessary to avoid undue hardship to the applicant, provided that hardship shall not be construed to include:   A. Any hardship attributable to any act, course of conduct or failure to act of the applicant or his predecessor in interest, beginning with the owner of record on March 19, 1974; or   [PL 1979, c. 459, §1 (NEW).]B. Any hardship that is not unique to the petitioner's land.   [PL 1979, c. 459, §1 (NEW).]A special use variance under this section may be granted by the commission only in cases where such a variance is necessary to avoid a deprivation of property in violation of the Constitution of Maine, Article I, Section 6, a taking of private property without compensation in violation of the Constitution of Maine, Article I, Section 21, a violation of due process clause of the 14th Amendment of the Constitution of the United States, or a violation of other applicable state or federal constitutional provisions.   The owner of a building lot of record which is wholly within the corridor on March 19, 1974, shall be entitled to a variance for a single family residence which may be granted by the commission without public hearing. Any variance granted by the commission may be granted subject to such reasonable conditions concerning matters enumerated in section 959-B as the commission finds necessary to avoid the dangers enumerated in section 957-D. For purposes of enforcement, special use variances granted hereunder and the conditions thereto shall be treated as orders of the commission.   [PL 1979, c. 459, §1 (NEW).] SECTION HISTORY PL 1979, c. 459, §1 (NEW).
38 ME Rev Stat § 964 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 6: SACO RIVER CORRIDOR|38 §964. Certificate of compliance

 §964. Certificate of compliance It shall be unlawful to use or occupy, or permit the use or occupancy of, any land, structure or part of any land or structure created, erected, changed, converted or wholly or partly altered or enlarged in its use or structural form, which use or structure requires a permit under this chapter unless the permit requirements and conditions of approval have been met.   [PL 1985, c. 481, Pt. A, §96 (RPR).]For the purposes of inspection and to assure compliance with this chapter and any standards, rules and orders issued by the commission pursuant to this chapter, commission members, staff, consultant personnel and designated municipal officials may conduct such investigations, examinations, tests and site evaluations as necessary to verify compliance with any permits or variances issued by the commission.   [PL 1985, c. 481, Pt. A, §96 (RPR).]SECTION HISTORY PL 1979, c. 459, §1 (NEW). PL 1985, c. 481, §A96 (RPR).
38 ME Rev Stat § 965 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 6: SACO RIVER CORRIDOR|38 §965. Fees

 §965. Fees The commission may establish reasonable fees for permit applications, variance applications and certificates of compliance. The funds derived from the collection of such fees shall be retained by the commission. The commission may also establish a reasonable schedule of fees for providing copies of this chapter, maps of district boundaries, the comprehensive plan, copies of rules and regulations, performance standards, official publications or other materials which may be requested by the public. The fees for any such materials shall be retained by the commission and used to defray the expense of printing, copying, mailing or otherwise providing such materials to the public.   [PL 1983, c. 819, Pt. A, §65 (AMD).]SECTION HISTORY PL 1979, c. 459, §1 (NEW). PL 1983, c. 819, §A65 (AMD).
38 ME Rev Stat § 966 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 6: SACO RIVER CORRIDOR|38 §966. Parties to proceedings

 §966. Parties to proceedings The parties to any proceeding before the commission may include the applicant, if any, any landowner whose lands will be directly affected by the proposed action of the commission, any landowner whose lands are adjacent to, directly across the river from, or within 500 feet of lands to be directly affected, any municipality or agency thereof whose jurisdiction includes lands or bodies of water to be directly affected and any citizens' group or organization qualified under section 966-A.   [PL 1979, c. 459, §1 (NEW).]Nothing in this section may be construed so as to limit the right of any member of the public to appear or be heard at any public hearing of the commission, subject only to such reasonable rules and regulations as the commission may establish.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §205 (AMD).]SECTION HISTORY PL 1979, c. 459, §1 (NEW). PL 1989, c. 890, §§A40,B205 (AMD).
38 ME Rev Stat § 966-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 6: SACO RIVER CORRIDOR|38 §966-A. Citizens' groups or organizations

 §966-A. Citizens' groups or organizations 1.  Participation.  A citizens' group or organization may participate in all hearings held by the commission, request and receive notices, bring judicial proceedings and exercise all other rights of parties to proceedings before the commission, provided that the group or organization is designated as qualified by an order of the commission under this section.   [PL 1979, c. 459, §1 (NEW).] 2.  Organizations qualified.  The commission shall issue an order designating a citizens' group or organization as qualified under this section if it finds that:   A. The group or organization has filed an application showing:   (1) That is has significant and definable interest in the Saco, Ossipee or Little Ossipee Rivers and their adjacent lands; and   (2) That it has at least 50 members in the municipalities whose lands comprise the Saco River Corridor or at least 15 members in a municipality which will be directly affected by a proposed action of the commission.   [PL 1979, c. 459, §1 (NEW).][PL 1979, c. 459, §1 (NEW).] 3.  Contents.  Every application for designation as a qualified organization under this section shall contain the name and address of a representative or office for the receipt of notices and other communications and the names and addresses of the organization's officers, directors and members.   [PL 1979, c. 459, §1 (NEW).] 4.  Time period.  The commission may establish a period of time after which qualifications under this section will expire unless renewed, and in such cases shall give notice of the necessity for renewal not less than one month prior to the expiration date.   [PL 1979, c. 459, §1 (NEW).] SECTION HISTORY PL 1979, c. 459, §1 (NEW).
38 ME Rev Stat § 968 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 6: SACO RIVER CORRIDOR|38 §968. Appeals to Superior Court

 §968. Appeals to Superior Court Except where otherwise specified by statute, any party or person aggrieved by any order or decision of the commission, in regard to any matter upon which there was a hearing before the commission and of which a record of said hearing is available, may, within 30 days after notice of the filing of such order or decision, appeal therefrom to the Superior Court by filing a notice of appeal stating the points of appeal. Notice of the appeal shall be ordered by the court without a jury in the manner and with the rights provided by law in other civil actions so heard. The proceedings shall not be de novo. The court shall receive into evidence true copies of the transcript of the hearing, the exhibits thereto and the decision of the commission. The court's review shall be limited to questions of law and to whether the commission acted regularly and within the scope of its authority and the commission's decision shall be final so long as supported by substantial evidence. The court may affirm, reverse or remand the commission's decision for further proceedings. Appeals from all other orders or decisions of the commission, unless otherwise specified by statute, shall be taken pursuant to the Maine Rules of Civil Procedure, Rule 80B.   [PL 1979, c. 459, §1 (NEW).]SECTION HISTORY PL 1979, c. 459, §1 (NEW).
38 ME Rev Stat § 971 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 7: FLOATING TIMBER|38 §971. Conversion

 §971. Conversion Whoever takes, carries away or otherwise converts to his own use, without the consent of the owner, any log suitable to be sawed or cut into the boards, clapboards, shingles, joists or other lumber, or any mast or spar the property of another, whether the owner is known or unknown, lying in any river, pond, bay, stream or inlet, or on or near the bank or shore thereof, or cuts out, alters or destroys any mark made thereon, without the consent of the owner and with intent to claim the same, forfeits for every such log, mast or spar, $20, to be recovered on complaint; 1/2 for the State and 1/2 for the complainant.
38 ME Rev Stat § 972 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 7: FLOATING TIMBER|38 §972. Conversion as larceny (REPEALED)

 §972. Conversion as larceny (REPEALED)SECTION HISTORY PL 2003, c. 452, §W9 (RP). PL 2003, c. 452, §X2 (AFF).
38 ME Rev Stat § 973 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 7: FLOATING TIMBER|38 §973. Presumptions; double damages

 §973. Presumptions; double damages In prosecutions under section 971 if a log, mast or spar is found in the possession of the accused partly destroyed, partly sawed or manufactured, or with the marks cut out or altered, not being that person's property, it is presumptive evidence of that person's guilt. The burden of proof is then on that person. Whoever is guilty of the offense described in section 971 is liable to the owner, in a civil action, for double the value of the log, mast or spar so dealt with.   [RR 2003, c. 2, §118 (COR).]SECTION HISTORY RR 2003, c. 2, §118 (COR).
38 ME Rev Stat § 974 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 7: FLOATING TIMBER|38 §974. Right of owner to search for lost logs

 §974. Right of owner to search for lost logs The owner of such logs, masts or spars may at any time, by himself or his agent, enter in a peaceable manner upon any mill, mill-brow, boom or raft of logs or other timber in search of such lost property. Whoever willfully prevents or obstructs such search forfeits for each offense not less than $20 nor more than $50, to the person by whom or on whose account such entry was claimed, to be recovered in a civil action.
38 ME Rev Stat § 975 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 7: FLOATING TIMBER|38 §975. Intermixed logs and timber; lien for expenses; libel

 §975. Intermixed logs and timber; lien for expenses; libel Any person whose timber in any waters of the State is so intermixed with the logs, masts or spars of another that it cannot be conveniently separated for the purpose of being floated to the market or place of manufacture may drive all timber with which his own is so intermixed toward such market or place, when no special and different provision is made by law for driving it; and is entitled to a reasonable compensation from the owner, to be recovered after demand therefor on said owner or agent, if known, in a civil action. He has a prior lien thereon until 30 days after it arrives at its place of destination to enable him to attach it. If the owner cannot be ascertained, the property may be libeled according to law and enough of it disposed of to defray the expenses thereof, the amount to be determined by the court hearing the libel.
38 ME Rev Stat § 976 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 7: FLOATING TIMBER|38 §976. Logs or timber lodged on banks; forfeiture; advertisement

 §976. Logs or timber lodged on banks; forfeiture; advertisement Logs or other timber carried by freshets or otherwise lodged upon lands adjoining any waters are forfeited to the owner or occupant thereof, after they have so remained for 2 years, if such lands during that time were improved; otherwise, after 6 years; provided such owner or occupant, within one year after the same were found so lodged, advertises, as nearly as practicable, the number of pieces of timber, the time when lodged, together with the marks thereon and the place where found, 3 weeks successively in some newspaper in the county, if any, otherwise in the state paper.
38 ME Rev Stat § 977 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 7: FLOATING TIMBER|38 §977. Owner may remove on tender of damages; damages for landowner

 §977. Owner may remove on tender of damages; damages for landowner The owner of said timber may enter on said land and remove it at any time before forfeiture, having previously tendered to the owner or occupant thereof a reasonable compensation for all damages occasioned by the lodging, remaining or removal of said timber and the expense of advertising it; but if the timber is removed by the owner, or otherwise, without such tender, the owner of the land may recover, in a civil action, the damages aforesaid.
38 ME Rev Stat § 978 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 7: FLOATING TIMBER|38 §978. Conversion of railroad sleepers, ship knees or cedar lumber; double damages

 §978. Conversion of railroad sleepers, ship knees or cedar lumber; double damages Whoever willfully and fraudulently takes, carries away or otherwise converts to his own use any railroad sleeper, knee or other ship timber or cedar for shingles or other purposes, the property of another, whether known or not, without his consent, lying in any river, stream, pond, bay or inlet, or on or near the shore thereof; or cuts out, alters or destroys any mark thereon, forfeits $10 for each offense, to be recovered and appropriated as provided in section 971; and is liable to the owner in double the amount thereof in a civil action. Such owner has all the rights and is subject to all the liabilities provided for the owner of logs, masts and spars in sections 973 to 979.
38 ME Rev Stat § 979 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 7: FLOATING TIMBER|38 §979. Saco River or tributaries

 §979. Saco River or tributaries If any boom on the Saco River, or any of the waters connected therewith, is so placed or constructed as to prevent the free and usual passage of timber down the river, the owner or occupant thereof, at his own expense, shall release and turn out the timber so detained, when requested to do so by the owner thereof, if it can be done with safety. If, for 2 days after request, he neglects or refuses to do so, he is liable to the owner of the timber in a civil action for all damages by him sustained.
38 ME Rev Stat § 992 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 8: ST. CROIX INTERNATIONAL WATERWAY COMMISSION|38 §992. Definitions

 §992. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 470, §2 (NEW).]1.  Commission.  "Commission" means the St. Croix International Waterway Commission.   [PL 1987, c. 470, §2 (NEW).] 2.  Memorandum of Understanding.  "Memorandum of Understanding" means the Memorandum of Understanding Between the State of Maine of the United States and the Province of New Brunswick of Canada Regarding the St. Croix International Waterway, signed by the Governor of the State and the Premier of the Province of New Brunswick in November 1986.   [PL 1987, c. 470, §2 (NEW).] 3.  Waterway.  "Waterway" means the St. Croix River, including the Chiputneticook Lakes.   [PL 1987, c. 470, §2 (NEW).] SECTION HISTORY PL 1987, c. 470, §2 (NEW).