reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1733. Procedure in exercise of right of eminent domain

§1733. Procedure in exercise of right of eminent domain
The right of eminent domain granted in section 1732 may only be exercised after complying with the following procedures.   [PL 1983, c. 820, §2 (NEW).]
1.  Notice to owner.
The district shall provide notice to the owner as follows.
A. The owner or owners of record shall be notified as follows:
(1) The determination of the directors that they will exercise the right of eminent domain;
(2) A description and scale map of the land or easement to be taken;
(3) The final amount offered for the land or easement to be taken, based on the fair value as estimated by the district; and
(4) Notice of the time and place of the hearing provided in subsection 4.   [PL 1983, c. 820, §2 (NEW).]
B. Notice may be made:
(1) By personal service in hand by an officer duly qualified to serve civil process in this State; or
(2) By certified mail, return receipt requested, to last known address of owner or owners.   [PL 1983, c. 820, §2 (NEW).]
C. If the owner or owners are not known or if they cannot be notified by personal service or certified mail, notice may be given by publication in the same manner as provided for in subsection 4.   [PL 1983, c. 820, §2 (NEW).]
[PL 1983, c. 820, §2 (NEW).]
2.  Notice to tenant.
Notice shall be given to any tenants in the same manner as for the owner of the property.
[PL 1983, c. 820, §2 (NEW).]
3.  Notice to the affected municipality.
Notice shall be given to the municipality in which the property to be acquired is located in the same manner as for the owner of the property and shall be addressed to the municipal officers.
[PL 1983, c. 820, §2 (NEW).]
4.  Hearing.
The directors of the district shall hold a public hearing on the advisability of the proposed exercise of the right of eminent domain. Notice of the hearing shall be made by publication in a newspaper of general circulation in the area of the taking and shall be given once a week for 2 successive weeks, the last publication to be at least 2 weeks prior to the time appointed in the hearing. The hearing notice shall include:
A. The time and place of the hearing;   [PL 1983, c. 820, §2 (NEW).]
B. A description of the land or easement taken; and   [PL 1983, c. 820, §2 (NEW).]
C. The name of the owners, if known.   [PL 1983, c. 820, §2 (NEW).]
[PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1734. Condemnation proceedings

§1734. Condemnation proceedings
Each disposal district formed under this chapter, in exercising from time to time the right of eminent domain conferred upon it by section 1732, shall file in the office of the county commissioners of the county in which the property to be taken is located and cause to be recorded in the registry of deeds in the county plans of the location of all lands, real estate, easements or interest therein, with an appropriate description and the names of the owners thereof, if known. When for any reason any such district fails to acquire property which it is authorized to take and which is described in that location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect the location and file a new description. In that case, any such district is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and any such district is not liable for any acts which would have been justified if the original taking had been lawful. No entry may be made on any private lands, except to make surveys, until the expiration of 10 days from the filing, whereupon, possession may be had of all the lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title shall not vest in the district until payment for the property.   [PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1735. Appeal

§1735. Appeal
If any person sustaining damages by any taking by a disposal district under section 1732 does not agree with the district upon the sum to be paid, either party, upon petition to the county commissioners of the county in which the property is located, may have the damages assessed by them. The procedure and all subsequent proceedings and right of appeal shall be had under the same restrictions, conditions and limitations as are or may be by law prescribed in the case of damages by the laying out of highways by the county commissioners, except that:   [PL 1983, c. 820, §2 (NEW).]
1.  Vesting of title.
Title to the lands, real estate, easements or interests therein and other property and rights to be taken shall not vest in the district until payment to the owner of the amount awarded therefor or, if the payment is refused upon tender, until tender thereof to the treasurer of the county in which lands and interest are located, for escrow at interest for the benefit of the owner, pending final determination of the amount to which the owner is entitled; and
[PL 1983, c. 820, §2 (NEW).]
2.  Appeal.
In the event of any appeal of the amount awarded as damages for that taking:
A. The petition for assessment of damages shall be filed with the clerk of the county commissioners, by either party, within 30 days following the filing and recording of plans of the location of all the property, facilities and rights taken; and   [PL 1983, c. 820, §2 (NEW).]
B. If the return of the county commissioners has not been made within 120 days following the filing of the petition for assessment, the county commissioners shall be conclusively presumed to have confirmed the award of damages by the district and either party may, within 30 days following that 120-day period, appeal the amount of the damages awarded by the district to the Superior Court.   [PL 1983, c. 820, §2 (NEW).]
[PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1736. Crossing other public utilities

§1736. Crossing other public utilities
If any waste facility or portion of any waste facility of any disposal district formed under this chapter crosses the property or line of any public utility, unless consent is given by the public utility as to place, manner and conditions of the crossing within 30 days after consent is requested by the district, the Public Utilities Commission shall determine the place, manner and conditions of the crossing. All work on the property of the public utility shall be done under the supervision and to the satisfaction of the public utility, but at the expense of the district. If any facility or portion of any facility of any disposal district crosses the property or line of any railroad corporation, the procedure shall be the same as set out in this section, except that the Department of Transportation shall be substituted for the Public Utilities Commission. Nothing in this section authorizes any disposal district to take by right of eminent domain any of the property or facilities of any public utility used, or acquired, for future use by the owner, in the performance of a public duty, unless expressly authorized by a special Act of the Legislature.   [PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1737. Rules

§1737. Rules
The directors may from time to time adopt rules to regulate the handling, collection, transportation, resource conservation, resource recovery and disposal of solid waste within the district.   [PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1738. Delivery of solid waste

§1738. Delivery of solid waste
Prior to a municipality becoming a member of a district or contracting with a district for disposal services, where a district waste facility meets the requirements of section 1304‑B, at the discretion of the board of directors of the district, a municipality may be required to enact an ordinance controlling solid waste delivery in accordance with section 1304‑B.   [PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1739. Setting fees and other charges

§1739. Setting fees and other charges
The directors may from time to time establish and adjust a structure for fees, including penalty charges, for collection services and transportation and for disposal of solid waste in and upon facilities operated by, on behalf of or under contract with, the district, subject to section 1752.   [PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1740. Annual audit

§1740. Annual audit
Each year an audit must be made of the accounts of the district, and for this purpose authorized agents of a certified public accounting firm appointed by the directors must have access to all necessary papers, books and records. Upon the completion of each audit, a report must be made to the chair of the district board of directors and a copy must be sent to the municipal officers of each member municipality.   [RR 2021, c. 2, Pt. B, §294 (COR).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW). RR 2021, c. 2, Pt. B, §294 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1741. Surplus revenues

§1741. Surplus revenues
If, at the end of any fiscal year, the district has realized a surplus from operations for the fiscal year, after payment of or provision for all current expenses, current maintenance, repairs and replacements, current debt service on all outstanding bonds and notes of the district, all reserves for debt service, repairs and replacements, costs or current expenses as may be required by a trust agreement or resolution securing bonds or notes or as may otherwise be maintained by the district, and any other amounts which the district may be obligated by law or contract to pay or provide for, the district shall either:   [PL 1983, c. 820, §2 (NEW).]
1.  Reduction in charges.
Apply the surplus in the next following fiscal year to a reduction in the rates, fees, rents or other charges established by the district for services provided; or
[PL 1983, c. 820, §2 (NEW).]
2.  Reduction of capital debt.
Apply the surplus to the reduction or provision for reduction of its outstanding capital debt.
[PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 4: BONDS AND NOTES › 38 §1752. Charges

§1752. Charges
All persons, firms and corporations, whether public, private or municipal, shall pay to the treasurer of any district formed under this chapter the rates, tolls, assessments, rents, tipping fees, transportation charges and other charges established by the directors for services provided by the district. In this subchapter, the words "other charges" shall include, but not be limited to, interest on delinquent accounts at a rate not to exceed the highest lawful rate set by the Treasurer of State for municipal taxes. The district may submit periodic bills directly to individual users or to member municipalities, as determined by the directors.   [PL 1983, c. 820, §2 (NEW).]
A district may establish schedules of charges by any method determined by the directors.   [PL 1983, c. 820, §2 (NEW).]
The rates, tolls, assessments, rents, tipping fees and transportation charges and other charges shall be so established as to provide revenue at least sufficient, together with any other moneys available therefor, to:   [PL 1983, c. 820, §2 (NEW).]
1.  Current operating expenses.
Pay the current expenses of operating and maintaining the waste facilities of the district;
[PL 1983, c. 820, §2 (NEW).]
2.  Payment of interest and principal.
Pay the principal, premium and interest on all bonds and notes issued by the district under this chapter when due and payable;
[PL 1983, c. 820, §2 (NEW).]
3.  Payments into reserve funds.
Create and maintain such reserves as may be required by any trust agreement or resolution securing bonds and notes;
[PL 1983, c. 820, §2 (NEW).]
4.  Repairs, replacements and renewals.
Provide funds for paying the cost of all necessary repairs, replacements and renewals of the waste facilities of the district; and
[PL 1983, c. 820, §2 (NEW).]
5.  Payment of obligations.
Pay or provide for any and all amounts which the district may be obligated to pay or provide for by law or contract, including any resolution or contract with or for the benefit of the holders of its bonds and notes.
[PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 4: BONDS AND NOTES › 38 §1753. Collection of unpaid charges

§1753. Collection of unpaid charges
The treasurer of the district may collect the rates, tolls, assessments, rents, tipping fees, transportation charges and other charges established by the district and those charges must be committed to the treasurer. The treasurer may, after demand for payment, sue in the name of the district in a civil action for any rate, toll, rent, assessment, tipping fee, transportation charge or other charges remaining unpaid in any court of competent jurisdiction. In addition, the treasurer may order the termination of service for nonpayment of any amount owed to the district.   [RR 2021, c. 2, Pt. B, §296 (COR).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW). RR 2021, c. 2, Pt. B, §296 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 4: BONDS AND NOTES › 38 §1755. Power of assessment for expenses and costs not covered by other district revenues

§1755. Power of assessment for expenses and costs not covered by other district revenues
1.  Power of assessment; question.
At such time as the question of the formation of the proposed district and other questions relating thereto are submitted to the legal voters of the various municipalities comprising the proposed district, an additional question may be submitted with regard to granting the district assessment power, which question shall be in substantially the following form:
To see if the residents of the town (or city) of (name of town or city) will grant assessment authority to the directors of (name of district) over the member municipalities which are to comprise the district for the purpose of paying expenses and costs of the district which are not covered by other district revenues.
The assessments so authorized shall be shared by member municipalities of the district under the same formula as guarantees are shared pursuant to section 1754, and the referendum ballot shall include a statement listing the fractional share of the assessment to be borne by the member municipality.
[PL 1983, c. 820, §2 (NEW).]
2.  Subsequent question.
Subsequent to the formation of the district, if assessment authority was not conferred upon the district at the time of formation, the question may be addressed to the legal voters of the district in substantially the same form as prescribed pursuant to subsection 1.
Where a vote is taken under this subsection after formation of the district, the votes shall be counted in each municipality and the affirmative vote of a simple majority of votes cast shall be required in each municipality in order for the question to pass. The assessments so authorized shall be shared by member municipalities of the district under the same formula as guarantees are shared pursuant to section 1754, and the referendum ballot shall include a statement listing the fractional share of the assessment to be borne by the member municipality.
[PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 4: BONDS AND NOTES › 38 §1756. District assessments

§1756. District assessments
Where assessment authority is granted to a district pursuant to section 1755, the district shall have that assessment power with respect to the member municipalities and any assessments made shall follow these procedures.   [PL 1983, c. 820, §2 (NEW).]
1.  Warrant.
In substantially the same form as a warrant of the Treasurer of State for taxes, the board of directors shall issue its warrants to the assessors of each member municipality requiring them to assess upon the taxable estates within the municipality an amount which is that municipality's share of the district's expenses and costs which are not covered by other revenues of the district, as determined by the board of directors after preparation of the district budget.
[PL 1983, c. 820, §2 (NEW).]
2.  Commitment.
The municipal assessors shall commit the assessment to the municipal constable or collector. Constables and collectors shall have the authority and power to collect the district's taxes as is vested in them by law to collect state, county and municipal taxes.
[PL 1983, c. 820, §2 (NEW).]
3.  Installments.
The board of directors shall notify the member municipalities of the monthly installments and the assessments that will become payable during the fiscal year.
[PL 1983, c. 820, §2 (NEW).]
4.  Payment.
Each member municipality shall pay the amount of the tax assessed in the fiscal year against the municipality to the treasurer of the district. The payments shall be paid in monthly installments on or before the 20th of each month.
[PL 1983, c. 820, §2 (NEW).]
5.  Enforcement.
If a member municipality fails to pay the installment due, or any part, on the dates required, the treasurer of the district may issue a warrant for the amount of the unpaid tax to the county sheriff requiring the sheriff to levy by distress and sale on the real and personal property of any of the inhabitants of the municipality where that default takes place. The sheriff or sheriff's deputies shall execute the warrant. In collecting taxes within member municipalities, the board of directors shall have the same power as county officials for the collection of county taxes under Title 36, chapter 105, subchapter IX.
[PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 4: BONDS AND NOTES › 38 §1757. Bonds issued by municipalities

§1757. Bonds issued by municipalities
For the purpose of assisting a district in financing any solid waste facility authorized by this chapter, and notwithstanding any other provision of law, any individual municipality may issue general obligation bonds backed by the full faith and credit of the municipality. Proceeds of the bonds or any part thereof may be either loaned or contributed to a district of which a municipality is a member. The issuance of the bonds and the loaning or contributing of funds to a district formed under this chapter shall constitute a valid purpose for which a municipality may raise or appropriate money under Title 30‑A, sections 5721 to 5728. General obligation bonds issued by a municipality under this section shall be a municipal security as defined in Title 30‑A, section 5903, and shall be eligible for purchase by the Maine Municipal Bond Bank. Nothing in this section may be read or construed to prohibit a municipality acting under this section from levying user fees and charges and discharging its debt out of the funds generated by the fees and charges. A municipality issuing bonds under this section and a district receiving the proceeds of the bonds may enter into such contracts and agreements as they may agree upon, both with each other and 3rd parties, establish trust or enterprise funds to provide for timely payment of the bonds, employ a trustee and do all things which may be necessary or convenient to the district or the municipality to make use of the bonds, as may be determined by the board of directors of the district and the municipal officers of the municipality.   [PL 1987, c. 737, Pt. C, §§100, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW). PL 1987, c. 737, §§C100,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 18: PRODUCT STEWARDSHIP › 38 §1773. Establishment of product stewardship programs (REPEALED)

§1773. Establishment of product stewardship programs
(REPEALED)
SECTION HISTORY
PL 2009, c. 516, §1 (NEW). PL 2013, c. 315, §6 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 18: PRODUCT STEWARDSHIP › 38 §1774. Exclusions

§1774. Exclusions
This chapter does not apply to:   [PL 2009, c. 516, §1 (NEW).]
1.  Motor vehicles and watercraft.
Motor vehicles as defined in Title 29‑A, section 101, subsection 42 and watercraft as defined in Title 12, section 13001, subsection 28 or their component parts;
[PL 2015, c. 67, §1 (AMD).]
2.  Pulp and paper manufacturers.
Pulp and paper manufacturers except conversion facilities for consumer product packaging; and
[PL 2015, c. 67, §1 (AMD).]
3.  Specialized equipment.
Specialized manufacturing equipment and specialized processing equipment, including any component of such equipment, used in the production and repair of industrial or commercial goods and not generally discarded as solid waste.
[PL 2015, c. 67, §2 (NEW).]
SECTION HISTORY
PL 2009, c. 516, §1 (NEW). PL 2015, c. 67, §§1, 2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 18: PRODUCT STEWARDSHIP › 38 §1775. No limitation of municipal authority

§1775. No limitation of municipal authority
Nothing in this chapter changes or limits municipal authority to regulate collection of solid waste, including curbside collection of residential recyclable materials.   [PL 2009, c. 516, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 516, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 19: COASTAL MANAGEMENT POLICIES › 38 §1802. Definitions

§1802. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 794, Pt. A, §11 (NEW).]
1.  Coastal area.
The "coastal area" encompasses all coastal municipalities and unorganized townships on tidal waters and all coastal islands. The inland boundary of the coastal area is the inland line of coastal town lines and the seaward boundary is the 3-nautical-mile line as shown on the most recently published Federal Government nautical chart.
[PL 2007, c. 157, §2 (AMD).]
2.  Coastal management.
"Coastal management" means the planning, development, conservation and regulation of coastal resource use by Federal, state, regional and local governments.
[PL 1985, c. 794, Pt. A, §11 (NEW).]
3.  Coastal resources.
"Coastal resources" means the coastal waters of the State and adjacent shorelands, their natural resources and related marine and wildlife habitat that together form an integrated terrestrial, estuarine and marine ecosystem.
[PL 1985, c. 794, Pt. A, §11 (NEW).]
SECTION HISTORY
PL 1985, c. 794, §A11 (NEW). PL 2007, c. 157, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 19: COASTAL MANAGEMENT POLICIES › 38 §1803. Report (REPEALED)

§1803. Report
(REPEALED)
SECTION HISTORY
PL 1985, c. 794, §A11 (NEW). PL 2011, c. 655, Pt. EE, §24 (RP). PL 2011, c. 655, Pt. EE, §30 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 19: COASTAL MANAGEMENT POLICIES › 38 §1804. Interagency review of coastal water access issues

§1804. Interagency review of coastal water access issues
The Department of Agriculture, Conservation and Forestry and the Department of Marine Resources, within existing budgeted resources, shall convene a working group of staff from all state agencies that deal with coastal water access issues to share data, program activities and areas for collaboration on coastal water access issues. Each agency shall identify the coastal water access data that the agency has, the coastal water access data that the agency needs and potential funding sources for the collection of the needed data. Other stakeholders may be included as appropriate. The Department of Agriculture, Conservation and Forestry and the Department of Marine Resources shall submit a report of the working group's activities, including how the agencies can work cooperatively to make creative use of available funds to address both recreational and commercial access needs and to optimize projects that are multiuse in nature to the joint standing committee of the Legislature having jurisdiction over marine resources matters by January 15th of every odd-numbered year.   [PL 2011, c. 655, Pt. KK, §30 (AMD); PL 2011, c. 655, Pt. KK, §34 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
SECTION HISTORY
PL 2001, c. 595, §1 (NEW). PL 2011, c. 655, Pt. KK, §30 (AMD). PL 2011, c. 655, Pt. KK, §34 (AFF). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 20: PROTECTION OF MAINE LAKES › 38 §1841. Declaration of policy

§1841. Declaration of policy
Maine's great ponds are an important element of the State's economy and traditional way of life. Their abundance and relatively high water quality are precious resources in light of the growing inadequacy of water supplies and the deterioration of natural settings and habitat in many other states. The use of great ponds as a source for drinking water, recreation and power production is vital to the State.   [PL 1991, c. 838, §26 (NEW).]
To protect the public trust, the State's great ponds must be protected from degradation. They must be managed according to watershed boundaries, while a diversity of lake setting types within each region of the State is maintained. Potable water from the State's great ponds should require minimal treatment.   [PL 1991, c. 838, §26 (NEW).]
A primary goal of the protection of the State's great ponds is to ensure that consistent land use management policies and regulations are applied throughout the direct watershed of each great pond.   [PL 1991, c. 838, §26 (NEW).]
The State's goals in managing the surface uses of great ponds are to avoid or minimize conflicts among recreational users, energy producers, shoreland owners and other users; maintain traditional water-dependent businesses; and ensure that the intensity of use allowed on a great pond is in keeping with its capacity to accommodate that use.   [PL 1991, c. 838, §26 (NEW).]
SECTION HISTORY
PL 1991, c. 838, §26 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 20: PROTECTION OF MAINE LAKES › 38 §1842. Great Pond Task Force (REPEALED)

§1842. Great Pond Task Force
(REPEALED)
SECTION HISTORY
RR 1991, c. 2, §149 (COR). PL 1991, c. 838, §26 (NEW). PL 1993, c. 226, §C2 (AMD). MRSA T. 38 §1842, sub-§4 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 20: PROTECTION OF MAINE LAKES › 38 §1842-A. Great Pond Task Force (REPEALED)

§1842-A. Great Pond Task Force
(REPEALED)
SECTION HISTORY
PL 1995, c. 345, §5 (NEW). MRSA T. 38 §1842A, sub-§5 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 20: PROTECTION OF MAINE LAKES › 38 §1843. Great ponds management strategy (REPEALED)

§1843. Great ponds management strategy
(REPEALED)
SECTION HISTORY
PL 1991, c. 838, §26 (NEW). PL 1993, c. 226, §C3 (AMD). MRSA T. 38 §1843, sub-§4 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 20: PROTECTION OF MAINE LAKES › 38 §1843-A. Great ponds management strategy (REPEALED)

§1843-A. Great ponds management strategy
(REPEALED)
SECTION HISTORY
PL 1995, c. 345, §6 (NEW). MRSA T. 38 §1843A, sub-§5 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 20-A: PROGRAM TO PREVENT INFESTATION OF AND TO CONTROL INVASIVE AQUATIC PLANTS › 38 §1861. Definitions

§1861. Definitions
As used in this chapter and chapter 20‑B, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2001, c. 434, Pt. A, §7 (NEW).]
1.  Invasive aquatic plant.
"Invasive aquatic plant" means a species of aquatic plant described in section 410‑N.
[PL 2001, c. 434, Pt. A, §7 (NEW).]
2.  Nuisance species.
"Nuisance species" means an aquatic or terrestrial nonindigenous species that threatens the diversity or abundance of native species, the ecological stability of infested waters or commercial, agricultural, aquacultural or recreational activity dependent on such waters as identified by the department through rulemaking.
[PL 2001, c. 434, Pt. A, §7 (NEW).]
3.  Watercraft.
"Watercraft" has the same meaning as in Title 12, section 13001, subsection 28.
[PL 2003, c. 414, Pt. B, §72 (AMD); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2001, c. 434, §A7 (NEW). PL 2003, c. 414, §B72 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 20-A: PROGRAM TO PREVENT INFESTATION OF AND TO CONTROL INVASIVE AQUATIC PLANTS › 38 §1862. Program to prevent infestation of and to control invasive aquatic plants

§1862. Program to prevent infestation of and to control invasive aquatic plants
1.  Program.
The commissioner and the Commissioner of Inland Fisheries and Wildlife jointly shall implement a program to inspect watercraft, watercraft trailers and outboard motors at or near the border of the State and at boat launching sites for the presence of invasive aquatic plants and to provide educational materials to the public and to watercraft owners regarding invasive aquatic plants.
[PL 2001, c. 434, Pt. A, §7 (NEW).]
2.  Other inspection stations allowed.
The program established under this section also may include inspections at boat launching sites on inland waters that are already infested and at boat launching sites on the inland waters that have been identified as most at risk of introduction of invasive aquatic plants.
[PL 2001, c. 434, Pt. A, §7 (NEW).]
3.  Informational material to be provided.
The program established under this section must provide for the distribution of informational material on invasive aquatic plants, including a guide to identifying those plants, information on how to prevent the spread of those plants and information on the potential environmental impact and other impacts of infestation.
[PL 2001, c. 434, Pt. A, §7 (NEW).]
4.  Program implementation.
During the 2001 boating season, the department and the Department of Inland Fisheries and Wildlife shall spend at least 5,000 person hours inspecting watercraft, watercraft trailers and outboard motors at selected boat launching sites and at no fewer than 10 roadside locations at or near the state border. In 2001, the program established under this section also must include an extensive educational effort involving a variety of media with the goal of informing the public of the risks posed by invasive aquatic plants, how to inspect watercraft, watercraft trailers and outboard motors for the presence of invasive aquatic plant material and how to properly dispose of that material. The program also must include other invasive aquatic plant-related inspection or educational efforts considered appropriate by the commissioner and the Commissioner of Inland Fisheries and Wildlife.
The program in 2002 and subsequent years must be at a level of effort determined by the commissioner and the Commissioner of Inland Fisheries and Wildlife in consultation with the Interagency Task Force on Invasive Aquatic Plant and Nuisance Species, as established in section 1871.
[PL 2001, c. 434, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 2001, c. 434, §A7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 20-A: PROGRAM TO PREVENT INFESTATION OF AND TO CONTROL INVASIVE AQUATIC PLANTS › 38 §1863. Invasive Aquatic Plant and Nuisance Species Fund

§1863. Invasive Aquatic Plant and Nuisance Species Fund
The Invasive Aquatic Plant and Nuisance Species Fund, referred to in this section as the "fund," is created within the department as a nonlapsing fund. The fund is administered by the commissioner. The fund is funded from a portion of the fees collected for lake and river protection stickers issued under Title 12, section 13058, subsection 3 and from other funds accepted for those purposes by the commissioner or allocated or appropriated by the Legislature. Money in the fund may be used only for costs related to conducting inspections under section 1862, conducting invasive aquatic plant prevention, containment, eradication and management activities and reimbursing agencies as necessary for costs associated with conducting or enforcing the provisions of this chapter and chapter 20‑B. The commissioner may also use funds to contract with municipalities or other entities to conduct inspection, prevention or eradication programs to protect the inland waters of the State from invasive aquatic plant and nuisance species. The commissioner shall use at least 20% of the money in the fund for eradication activities.   [PL 2013, c. 580, §4 (AMD).]
SECTION HISTORY
PL 2001, c. 434, §A7 (NEW). PL 2003, c. 414, §B73 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2013, c. 580, §4 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 20-A: PROGRAM TO PREVENT INFESTATION OF AND TO CONTROL INVASIVE AQUATIC PLANTS › 38 §1864. Emergency authority to regulate surface use

§1864. Emergency authority to regulate surface use
The commissioner and the Commissioner of Inland Fisheries and Wildlife may jointly issue an emergency order to restrict access to or restrict or prohibit the use of any watercraft on all or a portion of a water body that has a confirmed infestation of an invasive aquatic plant. The order must be for a specific period of time and may be issued only when the use of watercraft on that water body threatens to worsen or spread the infestation. The order may require that watercraft on waters affected by the order be taken out of the water only at locations identified in the order. The order may require inspections and cleaning of watercraft, watercraft trailers and equipment upon removal at sites that have been identified in the order. Inspections must be conducted by designated state boat inspectors. For purposes of this section, "designated state boat inspector" means a person employed by the State and identified by the department or the Department of Inland Fisheries and Wildlife as a person who is qualified to properly conduct inspection activities.   [PL 2003, c. 627, §8 (AMD).]
SECTION HISTORY
PL 2001, c. 434, §A7 (NEW). PL 2003, c. 551, §20 (AMD). PL 2003, c. 627, §8 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 20-A: PROGRAM TO PREVENT INFESTATION OF AND TO CONTROL INVASIVE AQUATIC PLANTS › 38 §1865. Public water supplies

§1865. Public water supplies
If an infested water body pursuant to section 1864 is a public drinking water supply, public notification by the commissioner and the Commissioner of Inland Fisheries and Wildlife is required prior to any response action that proposes the use of a chemical control agent. Public notification must include, at a minimum, notification of adjoining municipalities, property owners, drinking water suppliers who use that water supply and other affected persons, and must provide adequate time for public review and comment on the proposed emergency action. Chemical control agents may not be used on a water body that is a public water supply without the prior written consent of each public water supplier using that water body.   [PL 2003, c. 551, §21 (NEW).]
SECTION HISTORY
PL 2003, c. 551, §21 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 20-B: INVASIVE AQUATIC PLANTS AND NUISANCE SPECIES CONTROL › 38 §1872. Action plan to protect State's inland waters

§1872. Action plan to protect State's inland waters
The task force shall also recommend to the department an action plan to protect the State's inland waters from invasive aquatic plants and nuisance species. That plan may include, but is not limited to:   [PL 2013, c. 300, §18 (AMD).]
1.  Identification of inland waters known to be infested.
Identification of inland waters of the State that are known to be infested with invasive aquatic plants and nuisance species;
[PL 2001, c. 434, Pt. B, §2 (NEW).]
2.  Vulnerability assessment.
Recommendations on conducting a preliminary vulnerability assessment of the State's largest inland waters to identify the largest inland waters in the State most at risk of infestation by invasive aquatic plants and nuisance species. That assessment may include such factors as the proximity of the inland water body to other infested waters, proximity of major transportation routes, presence of a public watercraft launch, use of the inland water body by transient boaters, the number of lakefront property owners and other factors as the commissioner may determine to be appropriate. The assessment also must identify the most probable vectors or pathways of introduction of invasive aquatic plants and nuisance species and identify those inspection locations most likely to result in identification and prevention of new introductions;
[PL 2001, c. 434, Pt. B, §2 (NEW).]
3.  Lake monitoring program.
Recommendations on a program to monitor inland waters in the State for new introductions of invasive aquatic plants and nuisance species, including recommendations on implementing that program and methods to provide for the periodic inspection of inland waters for new introductions of invasive aquatic plants and nuisance species, particularly in areas close to public watercraft launch facilities;
[PL 2001, c. 434, Pt. B, §2 (NEW).]
4.  Response program.
Recommendations on a response program to deal with new introductions of invasive aquatic plants and nuisance species in inland waters in the State; and
[PL 2001, c. 434, Pt. B, §2 (NEW).]
5.  Training and public information materials.
Recommendations on the development and distribution of training materials and public information materials for use by the public, lake monitors and persons authorized to inspect boats for invasive aquatic plants and nuisance species.
[PL 2001, c. 434, Pt. B, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 434, §B2 (NEW). PL 2013, c. 300, §18 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 21: COASTAL BARRIER RESOURCES SYSTEM › 38 §1901. Findings and declaration of policy

§1901. Findings and declaration of policy
The Legislature finds that Maine's coastal barriers and the adjacent wetlands, marshes, estuaries, inlets and nearshore waters contain resources of extraordinary scenic, scientific, recreational, natural, historic, archeological and economic importance that may be irretrievably damaged and lost due to development on and adjacent to those barriers; that Maine's coastal barriers provide habitats for migratory birds and other wildlife and habitats that are essential spawning, nursery, nesting and feeding areas for commercially and recreationally important species of finfish and shellfish, as well as other aquatic organisms; that Maine's coastal barriers serve as natural storm protective buffers and are generally unsuitable for development because they are vulnerable to hurricane and other storm damage and because natural shoreline recession and the movement of unstable sediments undermine human-made structures; and that the United States Congress has recognized the importance of coastal barriers through the United States Coastal Barrier Resources Act of 1982, United States Code, Title 16, Section 3509, established a detailed process to identify coastal barriers and prohibited the expenditure of federal funds that support activities incompatible with the ability of these fragile areas to accommodate those activities.   [RR 2021, c. 2, Pt. B, §297 (COR).]
The Legislature declares that certain areas of the Maine coast, because of their fragile nature, valuable habitat and their storm buffering abilities should be protected and conserved in their natural state and that it is inappropriate to use state funds to encourage or support activities incompatible with the ability of these areas to sustain these activities.   [PL 1985, c. 794, Pt. A, §11 (NEW).]
SECTION HISTORY
PL 1985, c. 794, §A11 (NEW). RR 2021, c. 2, Pt. B, §297 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 21: COASTAL BARRIER RESOURCES SYSTEM › 38 §1902. Limitations on state expenditures affecting the system

§1902. Limitations on state expenditures affecting the system
Except as provided in section 1903, no state funds or state financial assistance may be expended for development activities within the coastal barrier resource system, including, but not limited to:   [PL 1985, c. 794, Pt. A, §11 (NEW).]
1.  Structures.
The construction or purchase of any structure, appurtenance, facility or related infrastructure;
[PL 1985, c. 794, Pt. A, §11 (NEW).]
2.  Roads, airports, boat landings.
The construction of any road, airport, boat-landing facility or other facility on or bridge or causeway to, any coastal barrier; and
[PL 1985, c. 794, Pt. A, §11 (NEW).]
3.  Erosion.
The carrying out of any project to prevent the erosion of, or to otherwise stabilize, any inlet, shoreline or inshore area.
[PL 1985, c. 794, Pt. A, §11 (NEW).]
SECTION HISTORY
PL 1985, c. 794, §A11 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 21: COASTAL BARRIER RESOURCES SYSTEM › 38 §1903. Exception to state prohibition

§1903. Exception to state prohibition
1.  Expenditure of state funds for coastal barriers for the following activities.
State funds may be expended on coastal barriers for the following activities:
A. The maintenance, replacement, reconstruction or repair, but not the expansion, except where expansion is necessary in order to meet minimum design requirements, of state-owned or state-operated roads, structures or facilities; and   [PL 1985, c. 794, Pt. A, §11 (NEW).]
B. Any of the following actions or projects provided they are consistent with the purposes of this chapter:
(1) The study, management, protection or enhancement of fish and wildlife resources and habitats, including, but not limited to, acquisition of fish and wildlife habitats and related lands and stabilization projects for fish and wildlife habitats;
(2) Recreational uses that do not involve an irretrievable commitment of natural resources;
(3) Scientific research, including, but not limited to, geologic, marine and fish and wildlife; and
(4) Nonstructural projects for shoreline stabilization that are designed to mimic, enhance or restore natural stabilization systems.   [PL 1985, c. 794, Pt. A, §11 (NEW).]
[PL 1985, c. 794, Pt. A, §11 (NEW).]
2.  Authorization of state expenditures.
The Governor may, after consultation with the appropriate state agencies and the affected community, approve state expenditures or financial assistance available within the coastal barrier resources system for assistance for emergency actions essential to the saving of lives, the protection of property and the public health and safety.
[PL 1985, c. 794, Pt. A, §11 (NEW).]
SECTION HISTORY
PL 1985, c. 794, §A11 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 21: COASTAL BARRIER RESOURCES SYSTEM › 38 §1905. Maine Coastal Barrier Resources System Maps

§1905. Maine Coastal Barrier Resources System Maps
1.  Maps; coastal barriers identified.
Maine's coastal barriers are identified on maps, available for public review, at the Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey office in Augusta. They are referred to as the Maine Coastal Barrier Resources Systems and are numbered consistent with the United States Coastal Barriers Resource Act.
[PL 2013, c. 405, Pt. C, §24 (AMD).]
2.  Maps filed in county registry of deeds.
As soon as practicable after the enactment of this chapter, the maps referred to in subsection 1, shall be filed, in the appropriate county registry of deeds.
[PL 1985, c. 794, Pt. A, §11 (NEW).]
3.  Copies of maps provided to agencies.
As soon as practicable after the date of enactment of this chapter, the Commissioner of Conservation shall provide copies of the maps, referred to in subsection 1, and a summary of this legislation to:
A. The chief elected official of each community in which a system is located;   [PL 1985, c. 794, Pt. A, §11 (NEW).]
B. All state agencies responsible for planning and managing coastal resources;   [PL 1985, c. 794, Pt. A, §11 (NEW).]
C. State agencies responsible for administering state funding programs affected by the prohibitions of this chapter; and   [PL 1985, c. 794, Pt. A, §11 (NEW).]
D. Coastal regional planning agencies.   [PL 1985, c. 794, Pt. A, §11 (NEW).]
[PL 1985, c. 794, Pt. A, §11 (NEW).]
SECTION HISTORY
PL 1985, c. 794, §A11 (NEW). PL 1995, c. 502, §E32 (AMD). PL 1999, c. 556, §40 (AMD). PL 2011, c. 655, Pt. KK, §31 (AMD). PL 2011, c. 655, Pt. KK, §34 (AFF). PL 2013, c. 405, Pt. C, §24 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 23: COASTAL AND LAKE WATERSHED DISTRICTS › 38 §2001. Watershed districts authorized

§2001. Watershed districts authorized
Watershed districts may be created pursuant to this section to protect, restore and maintain the natural functions and values of coastal wetlands; freshwater wetlands; rivers, streams and great ponds; coastal harbors; bays; estuaries and marine waters and to manage and conserve the land and water resources of watersheds of those resources within the jurisdictions of these districts. The natural functions and values of those resources include water quality, water quality maintenance, aquatic and wildlife habitat, scenic quality and floodwater storage and conveyance. The term "participating water district," as used in this chapter, means a water district, as defined by Title 35‑A, section 6101, subsection 3, included in the application provided for by section 2002.   [PL 1993, c. 721, Pt. E, §2 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]
SECTION HISTORY
PL 1987, c. 711 (NEW). PL 1989, c. 106, §1 (AMD). PL 1993, c. 721, §E2 (AMD). PL 1993, c. 721, §H1 (AFF).