reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 21: DAMS AND RESERVOIRS (REPEALED) › 37-B §1057. Damages (REPEALED)

§1057. Damages
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1987, c. 769, §A169 (AMD). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 21: DAMS AND RESERVOIRS (REPEALED) › 37-B §1058. Relief of obligation (REPEALED)

§1058. Relief of obligation
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 21: DAMS AND RESERVOIRS (REPEALED) › 37-B §1059. Violations (REPEALED)

§1059. Violations
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1061. Definitions (REPEALED)

§1061. Definitions
(REPEALED)
SECTION HISTORY
PL 1989, c. 545, §1 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1062. Jurisdiction (REPEALED)

§1062. Jurisdiction
(REPEALED)
SECTION HISTORY
PL 1989, c. 545, §1 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1063. Design standards (REPEALED)

§1063. Design standards
(REPEALED)
SECTION HISTORY
PL 1989, c. 545, §1 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1064. Inspectors of dams (REPEALED)

§1064. Inspectors of dams
(REPEALED)
SECTION HISTORY
PL 1989, c. 545, §1 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1065. Inspection of dams (REPEALED)

§1065. Inspection of dams
(REPEALED)
SECTION HISTORY
PL 1989, c. 545, §1 (NEW). PL 1997, c. 517, §1 (AMD). PL 1997, c. 517, §4 (AFF). PL 1999, c. 71, §1 (AMD). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1066. Enforcement (REPEALED)

§1066. Enforcement
(REPEALED)
SECTION HISTORY
PL 1989, c. 545, §1 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1067. Appeal (REPEALED)

§1067. Appeal
(REPEALED)
SECTION HISTORY
PL 1989, c. 545, §1 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1068. Access and notification (REPEALED)

§1068. Access and notification
(REPEALED)
SECTION HISTORY
PL 1989, c. 545, §1 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1069. Emergency plans (REPEALED)

§1069. Emergency plans
(REPEALED)
SECTION HISTORY
PL 1989, c. 545, §1 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1070. Inspection petition and order (REPEALED)

§1070. Inspection petition and order
(REPEALED)
SECTION HISTORY
PL 1989, c. 545, §1 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1071. Notice of transfer of ownership (REPEALED)

§1071. Notice of transfer of ownership
(REPEALED)
SECTION HISTORY
PL 1999, c. 71, §2 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 22: DAM INSPECTION (REPEALED) › 37-B §1080. Establishment of commission (REPEALED)

§1080. Establishment of commission
(REPEALED)
SECTION HISTORY
PL 1997, c. 236, §2 (NEW). PL 2001, c. 460, §2 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 23: REMOVAL OF ICE JAMS (REPEALED) › 37-B §1101. Definitions (REPEALED)

§1101. Definitions
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1987, c. 209 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 23: REMOVAL OF ICE JAMS (REPEALED) › 37-B §1102. Duties of the director (REPEALED)

§1102. Duties of the director
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1987, c. 209 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 23: REMOVAL OF ICE JAMS (REPEALED) › 37-B §1103. Duties of local organization for civil emergency preparedness (REPEALED)

§1103. Duties of local organization for civil emergency preparedness
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1987, c. 209 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 23: REMOVAL OF ICE JAMS (REPEALED) › 37-B §1104. Procedure (REPEALED)

§1104. Procedure
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1987, c. 209 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 23: REMOVAL OF ICE JAMS (REPEALED) › 37-B §1105. Project review (REPEALED)

§1105. Project review
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1987, c. 209 (RP). PL 1987, c. 370, §22 (AMD). PL 1987, c. 769, §A170 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1112. Administration

§1112. Administration
The department shall administer this chapter. In carrying out the provisions of this chapter, the department shall consult as appropriate with other state agencies, including the Department of Agriculture, Conservation and Forestry, the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Department of Public Safety, the Department of Transportation and the Maine Land Use Planning Commission, for their aid and assistance.   [PL 2011, c. 655, Pt. HH, §3 (AMD); PL 2011, c. 655, Pt. HH, §7 (AFF); PL 2011, c. 657, Pt. W, §5 (REV); PL 2011, c. 682, §38 (REV).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW). PL 2009, c. 561, §35 (AMD). PL 2011, c. 655, Pt. HH, §3 (AMD). PL 2011, c. 655, Pt. HH, §7 (AFF). PL 2011, c. 657, Pt. W, §5 (REV). PL 2011, c. 682, §38 (REV).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1113. Duties of the department

§1113. Duties of the department
The department shall inspect existing dams and reservoirs to determine their hazard potential, review the design and construction of new and reconstructed dams, assist dam owners in developing emergency action plans to minimize the effects of dam failure and take all necessary actions in emergency situations of probable dam failure in order to protect life and property.   [PL 2001, c. 460, §3 (NEW).]
Except for the Federal Government, a person may not exercise any authority over the emergency regulation or supervision of any dams or reservoirs in the State when that exercise would conflict with the powers and authority vested in the department.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1114. Powers of the department

§1114. Powers of the department
1.  Rules.
In accordance with Title 5, chapter 375, subchapter II, the department may adopt, modify or repeal rules for carrying out this chapter. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A.
[PL 2001, c. 460, §3 (NEW).]
2.  Emergency situation.
When an emergency situation arises, the commissioner shall warn the public of the emergency and, notwithstanding any other provision of law, shall take all actions necessary to protect life and property, which may include, but are not limited to, the following:
A. Taking full charge and control of any dam or reservoir;   [PL 2001, c. 460, §3 (NEW).]
B. Lowering the water level by releasing water from the reservoir;   [PL 2001, c. 460, §3 (NEW).]
C. Completely emptying the reservoir;   [PL 2001, c. 460, §3 (NEW).]
D. Breaching or removing the dam itself; and   [PL 2001, c. 460, §3 (NEW).]
E. Taking other necessary steps to safeguard life and property.   [PL 2001, c. 460, §3 (NEW).]
[PL 2001, c. 460, §3 (NEW).]
3.  Investigations.
For the purpose of enabling it to make decisions as compatible as possible with economy and protection of life and property and for the purpose of determining compliance with this chapter, the department may make necessary investigations and inspections. In making investigations and inspections required or authorized by this chapter, the department or its representatives may, as necessary in emergency situations, enter upon public or private property or in nonemergency situations secure administrative warrants from any District Court Judge or Superior Court Justice for the purpose of gaining entry onto private property.
[PL 2001, c. 460, §3 (NEW).]
4.  Injunction; civil or criminal proceedings.
In the event of violation of any of the provisions of this chapter or of any rule, order or decision of the department, the department may institute injunctive proceedings or other civil action as provided in this chapter.
[PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1115. Jurisdiction

§1115. Jurisdiction
The inspection of and design standards for all dams are under the sole jurisdiction of the department, except that the department does not have jurisdiction over any dam licensed or inspected by any department of the Federal Government or by the International Joint Commission.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1116. Design standards

§1116. Design standards
All new dams that reasonably will be classified as high or significant hazard potential dams must be designed, constructed or reconstructed under the supervision of a registered professional engineer. Prior to construction, the dam owner shall provide a copy of the plans and specifications to the department.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1117. Inspectors of dams

§1117. Inspectors of dams
The commissioner shall appoint or hire one or more dam inspectors who are licensed as professional engineers under Title 32, chapter 19 and who are experienced in the inspection and design of dams.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1120. Enforcement

§1120. Enforcement
The commissioner may commence an action to enjoin the violation of any provision of this chapter. The commissioner may enforce any order by any other appropriate remedy, including, but not limited to, entering the dam premises to carry out the terms of the order.   [PL 2001, c. 460, §3 (NEW).]
The owners, lessees or persons in control of the dam are jointly and severally liable for any costs incurred by the department in carrying out its responsibilities under section 1114, subsection 2 or in enforcing any order. If the owners, lessees or persons in control of the dam refuse to comply or do not fully comply with the department's order, the department shall initiate a civil action against the owners, lessees or other persons in control of the dam for damages in the amount of the costs incurred by the department in enforcing its order.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1121. Appeal

§1121. Appeal
Any person aggrieved by an order of the commissioner may appeal to the Superior Court under Title 5, chapter 375, subchapter VII.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1122. Exemptions

§1122. Exemptions
Dams licensed by or subject to the jurisdiction of the Federal Energy Regulatory Commission are exempt from this chapter.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1123. Rights of owner

§1123. Rights of owner
This chapter may not be construed to deprive any owner of recourse to the court in which that owner may be entitled to relief under the laws of this State.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1124. Immunity

§1124. Immunity
An action may not be brought against the State, the department or its agents or employees for any action taken or failure to take action pursuant to this chapter.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1125. Relief of obligation

§1125. Relief of obligation
This chapter may not be construed as relieving a person of duties, responsibilities or liabilities imposed by any other law, regulation, municipal ordinance or rule of law, including, but not limited to, the need to obtain permits or other approvals required to authorize repairs or other remedial measures at a dam and the need to comply with the terms and conditions of any outstanding water level or dam release order, except in an emergency situation as defined by this chapter.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1126. Access and notification

§1126. Access and notification
1.  Department access.
A state dam inspector and any department staff member must have full access to any dam site under the commissioner's jurisdiction for the purpose of conducting an inspection or enforcing an order under this chapter subject to the Maine Rules of Civil Procedure, Rule 80E.
[PL 2001, c. 460, §3 (NEW).]
2.  Owners, lessees; necessary access.
The owners, lessees or persons in control of a dam must have access over land abutting the dam site owned by others if the access, including the passage of vehicles, machinery and equipment, is reasonably necessary to comply with an order issued under this chapter. In passing over land owned by abutters, the owners, lessees or persons in control of a dam shall make every effort to minimize the intrusion, shall restore the land to its preexisting condition to the maximum extent practicable and are liable to the abutters for all property damage caused by their activities on the abutters' land. The abutters may not be held liable to any person for any personal injuries or property damage arising from the crossing of their land by the owners, lessees or persons in control of a dam.
[PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1127. Emergency action plans

§1127. Emergency action plans
Within 6 months after the determination of classification, the owner of a dam under the commissioner's jurisdiction that is classified as high or significant hazard potential shall prepare an emergency action plan, which must be updated every 2 years. Such emergency action plans must be reviewed for adequacy by the department. Emergency plans must follow a model plan supplied by the department. All emergency action plans must be available and on file at the appropriate local and county government offices and at the department.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1128. Notice of transfer of ownership

§1128. Notice of transfer of ownership
Forty-five days prior to any change of ownership of a dam, whether by sale, lease or gift, the owner or owners of a dam classified as a high or significant hazard potential dam shall provide in writing to the commissioner the name and address of the prospective new owner or owners along with any plan that the prospective owner has with regard to maintaining competent operations and correcting unsafe conditions, if any. For purposes of this section, "competent operations" means properly and safely maintaining the dam and ensuring compliance with all safety, environmental and water level rules or orders.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1129. Violations

§1129. Violations
In addition to any other forfeitures or penalties provided by law, a person who violates any provisions of this chapter or any rule or order adopted, promulgated or issued under this chapter is subject to a civil penalty as assessed by the commissioner of not less than $100 nor more than $5,000 for each day that the violation continues. The penalty is payable to the State, to be recovered in a civil action.   [PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 24: DAM SAFETY › 37-B §1130. Dam Repair and Reconstruction Fund

§1130. Dam Repair and Reconstruction Fund
1.  Fund established.
The Dam Repair and Reconstruction Fund, referred to in this section as the "fund," is established within the department. The department shall administer the fund and make low-interest loans from the fund for purposes pursuant to this section. The department may seek assistance from the Maine Municipal Bond Bank in administering the fund.
[PL 2011, c. 112, §3 (AMD).]
2.  Purposes.
The department may use the fund to provide low-interest loans to municipalities and quasi-municipal corporations or districts for engineering, legal and construction costs involved in acquiring title to, establishing a long-term management plan for, repairs to, reconstruction of, breaching of or removal of a dam or to pay emergency costs incurred for actions taken pursuant to section 1114. For the purposes of this section, "municipality" has the same meaning as set out in Title 30‑A, section 5903, subsection 7‑A and "quasi-municipal corporation or district" has the same meaning as set out in Title 30‑A, section 2351, subsection 4.
[PL 2011, c. 112, §4 (AMD).]
3.  Rulemaking.
The department shall adopt rules to implement this section, including criteria and procedures for the application for and award of low-interest loans from the fund and for repayment of loans to the fund. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.
[PL 2001, c. 460, §3 (NEW).]
4.  Nonlapsing.
Any balance in the fund at the end of the fiscal year may not lapse but must be carried forward to the next fiscal year.
[PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW). PL 2007, c. 167, §12 (AMD). PL 2011, c. 112, §§3, 4 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 25: WOMEN VETERANS › 37-B §1151. Advisory Commission on Women Veterans (REPEALED)

§1151. Advisory Commission on Women Veterans
(REPEALED)
SECTION HISTORY
PL 1997, c. 742, §2 (NEW). PL 2011, c. 380, Pt. LLLL, §§1, 2 (AMD). MRSA T. 37-B §1151, sub-§11 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §1. Appointment; compensation

§1. Appointment; compensation
The municipal officers of a town that borders or contains territorial waters, on request by any person desiring mooring privileges or regulation of mooring privileges for boats or vessels, shall appoint a harbor master for a term of not less than one year, who is subject to all the duties and liabilities of that office as prescribed by state law, municipal ordinances and regulations adopted by the municipal officers, municipal harbor commissioners, municipal port authorities or other such bodies empowered to regulate municipal harbors. The municipal officers may establish the harbor master's compensation and, for cause by them declared in writing, after due notice to the officer and hearing, if requested, remove the harbor master and appoint another one.   [PL 2005, c. 492, §4 (AMD).]
The municipal officers may prohibit a harbor master from making arrests or carrying a weapon. A harbor master may not make arrests or carry a firearm unless the harbor master has successfully completed the training requirements prescribed in Title 25, section 2804‑I. Any law enforcement officer vested with the authority to carry a weapon and make arrests has the authority to enforce this subchapter.   [PL 1999, c. 682, §6 (AMD).]
For purposes of this section, "territorial waters" has the same meaning as provided in Title 12, section 6001, subsection 48‑B.   [PL 2005, c. 492, §4 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §330 (AMD). PL 1985, c. 531, §2 (AMD). PL 1985, c. 692, §§1,4 (RPR). PL 1987, c. 412, §§1,8 (RPR). PL 1987, c. 655, §1 (AMD). PL 1999, c. 682, §6 (AMD). PL 2005, c. 492, §4 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §1-A. Training

§1-A. Training
The following provisions govern the training of harbor masters and deputy harbor masters appointed pursuant to section 1 or 2.   [PL 2005, c. 525, §1 (NEW).]
1.  Basic training course.
A person appointed or reappointed a harbor master or a deputy harbor master after August 31, 2006 must complete a basic harbor master training course offered by a statewide harbor masters association that represents Maine harbor masters within one year after being appointed or reappointed unless that person has previously completed such a course. If a person has not held the position of harbor master or deputy harbor master within the last 5 years prior to being appointed or reappointed, that person upon appointment or reappointment must complete the basic harbor master training course.
[PL 2021, c. 53, §1 (AMD).]
1-A.  Continuing education.
A person appointed or reappointed a harbor master or deputy harbor master who has completed the basic training course under subsection 1 shall complete, at a minimum, 8 hours of training every 3 years to maintain certification as a harbor master or deputy harbor master. The training requirement of this subsection may be met by completing continuing education training offered or approved by a statewide harbor masters association that represents Maine harbor masters.
[PL 2021, c. 53, §1 (NEW).]
2.  Payment; reimbursement.
Nothing in this section may be construed to prohibit a municipality, at its sole discretion, from paying for or reimbursing a harbor master or deputy harbor master for the cost of training under this section.
[PL 2021, c. 53, §1 (AMD).]
3.  Additional training.
Nothing in this section may be construed to prohibit a municipality from requiring a harbor master or deputy harbor master to obtain training beyond that required by this section.
[PL 2005, c. 525, §1 (NEW).]
4.  Training format.
During any 3-year period, the training courses offered by the statewide harbor masters association must include, at a minimum, in-person, remote and online options.
[PL 2021, c. 53, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 525, §1 (NEW). PL 2017, c. 54, §1 (AMD). PL 2021, c. 53, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §2. Rules for channel lines; enforcement

§2. Rules for channel lines; enforcement
The municipal officers of all maritime towns and plantations, other bodies empowered to regulate municipal harbors and the county commissioners in the case of maritime unorganized townships may make rules and regulations, with suitable provision for enforcement, to keep open convenient channels for the passage of vessels in the harbors and waterways of the towns or townships for which they act, and may establish the boundary lines of those channels and assign suitable portions of their harbors and other coastal and tidal waters within their jurisdiction for anchorages.   [PL 1987, c. 655, §2 (AMD).]
In the event fishing gear is within the boundary lines of a channel in violation of local rules, the harbor master may issue a warning of navigational interference and may commence court action to order removal of that gear.   [PL 1987, c. 655, §2 (NEW).]
Such rules and regulations as may be made by those municipal officers, other bodies empowered to regulate harbors or county commissioners shall be enforced and carried out by the harbor master of that town or unorganized township, or any other law enforcement officer of the State or any political subdivision of the State.   [PL 1987, c. 655, §2 (AMD).]
The harbor master may appoint deputies who, under the harbor master's direction, shall enforce and carry out the rules and regulations of this section.   [RR 2021, c. 2, Pt. B, §224 (COR).]
SECTION HISTORY
PL 1965, c. 242 (AMD). PL 1987, c. 412, §§2,8 (AMD). PL 1987, c. 655, §2 (AMD). RR 2021, c. 2, Pt. B, §224 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §3-A. Mooring transfer permitted by ordinance

§3-A. Mooring transfer permitted by ordinance
A municipality may adopt an ordinance that allows the transfer of a mooring assignment used for commercial fishing purposes. The ordinance may permit a mooring assignment to be transferred only at the request or death of the assignee, only to a member of the assignee's family and only if the mooring assignment will continue to be used for commercial fishing purposes. For the purposes of this section, "member of the assignee's family" means an assignee's parent, child or sibling, by birth or by adoption, including a relation of the half blood, or an assignee's spouse.   [PL 1993, c. 66, §1 (AMD).]
SECTION HISTORY
RR 1991, c. 2, §140 (COR). PL 1991, c. 685, §2 (NEW). PL 1993, c. 66, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §4. Neglecting to remove or replace moorings

§4. Neglecting to remove or replace moorings
In case of the neglect or refusal of the master or owner of any boat or vessel to remove the master's or owner's mooring or to replace it by one of different character when so directed by the harbor master, that harbor master shall cause the entire mooring to be removed or the buoy removed and the chain dropped to the bottom or shall make such change in the character of the mooring as required, and collect from the master or owner of that boat or vessel the sum of $100 for either of those services rendered and the necessary expenses.   [RR 2021, c. 2, Pt. B, §225 (COR).]
Before removing a mooring or a buoy, a harbor master shall notify the master or owner, if ownership can be determined, by mail at the master's or owner's last known address of the action desired of the master or owner, the fact that the mooring will be removed and the fine. If the matter is not settled to the harbor master's satisfaction within 2 weeks, the harbor master may take the action provided for in this section.   [RR 2021, c. 2, Pt. B, §225 (COR).]
SECTION HISTORY
PL 1987, c. 412, §§4,8 (RPR). RR 2021, c. 2, Pt. B, §225 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §5. Removal of vessels obstructing anchorage

§5. Removal of vessels obstructing anchorage
A harbor master, upon receiving complaint from the master, owner or agent of any vessel, shall cause any other vessel or vessels obstructing the free movement or safe anchorage of that vessel to remove to a position to be designated by the harbor master and shall cause, without any complaint being made to the harbor master, any vessels anchoring within the channel lines as established by the municipal authorities, as provided in section 2, to remove to such anchorage as the harbor master may designate.   [PL 1987, c. 655, §4 (AMD).]
If that vessel has no crew on board or if the master or other person in charge neglects or refuses to move such vessel as directed by the harbor master, the harbor master may put a suitable crew on board and move that vessel to a suitable berth at a wharf or anchorage at the cost and risk of the owners of the vessel and shall charge $100, to be paid by the master or owner of that vessel, which charge, together with the cost of the crew for removing that vessel the harbor master may collect by civil action.   [PL 1987, c. 412, §§ 5, 8 (RPR).]
SECTION HISTORY
PL 1977, c. 696, §331 (AMD). PL 1987, c. 412, §§5,8 (RPR). PL 1987, c. 655, §4 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §6. Power to arrest for assault

§6. Power to arrest for assault
Harbor masters, whose authority is not restricted as described in section 1, may arrest and deliver to the police authorities on shore any person committing an assault upon them or another person acting under their authority.   [PL 1985, c. 531, §3 (AMD).]
SECTION HISTORY
PL 1985, c. 531, §3 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §7. Relation to other laws

§7. Relation to other laws
Nothing in this subchapter may be construed to be a limitation on the authority of municipalities to enact ordinances to regulate the assignment or placement of moorings and other activities in their harbors. These ordinances may include, but are not limited to: A process for assigning mooring privileges and determining the location of moorings; a waiting list for the assignment of mooring privileges; a fee schedule; construction standards for moorings; time limits on the mooring of vessels; a process for appeals from decisions of the harbor master; provisions that recognize that mooring privileges in lawful existence on the effective date of an ordinance may be preserved or continued after adoption of that ordinance, the location and use to be determined by the harbor master or other appropriate local authority; and provisions that establish a harbor commission or committee to administer the ordinance or ordinances and oversee the duties of the harbor master. Regulations adopted by the municipal officers under section 2 remain in effect unless the municipality's legislative body enacts an ordinance pertaining to the same matter pursuant to the Constitution of Maine, Article VIII, Part 2, and Title 30‑A, section 3001.   [PL 1997, c. 89, §1 (AMD).]
SECTION HISTORY
PL 1985, c. 692, §§2,4 (NEW). PL 1987, c. 412, §§6,8 (AMD). PL 1987, c. 655, §5 (RPR). PL 1997, c. 89, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §7-A. Waiting lists; nonresident moorings

§7-A. Waiting lists; nonresident moorings
1.  Waiting lists.
If a municipality receives more applications for mooring privileges on state-owned lands that are controlled by its rules or ordinances than there are mooring spaces, the municipality shall assign spaces as they become available from a waiting list or lists according to its rules or ordinances, except as provided in this section. Waiting lists in effect at the time that this section becomes law may continue in effect, but persons shall be selected from those lists in accordance with the allocation provisions of this section. If at the time a person applies for a mooring there is no waiting list, this person may be assigned a mooring without regard to the allocation provisions of this section.
[PL 1987, c. 655, §6 (NEW).]
2.  Allocations to nonresidents.
If there are applicants who are nonresidents who wish to moor a vessel the principal use of which is noncommercial and less than 10% of the moorings are currently assigned to persons fitting this description, the next mooring available shall be assigned to the first such person on the list. If there are applicants who are nonresidents who wish to moor a vessel the principal use of which is commercial and less than 10% of the assigned moorings are currently assigned to persons fitting this description, the next mooring available shall be assigned to the first such person on the list. If both nonresident noncommercial and nonresident commercial assignments are below 10% and there are both types of applicants on the waiting list, the available space shall be assigned to an applicant in the category that is the farthest below 10%. The burden of proof in determining residence and the principal use of a vessel shall be upon the applicant.
Each year, persons with mooring assignments shall report to the harbor master their anticipated residency status for the next year and whether they anticipate the principal use of their boats to be commercial or noncommercial. The harbor master shall update the percentage of mooring holders in each category from this data.
It is not a requirement of this section that a person lose a current mooring assignment to meet the objectives of this section.
Shorefront property owners shall be assigned mooring privileges as established in section 3.
If the mooring fee charged to nonresidents exceeds $20 a year, the fee charged shall be reasonable in relation to the costs involved in providing that mooring and shall not exceed 5 times the amount charged to residents.
This subsection shall be construed broadly in order to accomplish the distribution of moorings to nonresidents as specified in this section.
[PL 1987, c. 655, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 655, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §8. Waiting list

§8. Waiting list
Whenever there are more applicants for a mooring assignment than there are mooring spaces available, the harbor master or other town official shall create a waiting list. The town officials shall work out a reasonable procedure for persons to add their names to this list. The procedure shall be posted in a public place. The list shall be considered a public document under the freedom of access law.   [PL 1987, c. 412, §§ 7, 8 (NEW).]
SECTION HISTORY
PL 1987, c. 412, §§7,8 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §9. Abandonment of watercraft

§9. Abandonment of watercraft
No person may bring into or maintain in the harbor any derelict watercraft, watercraft for salvage, or abandon any watercraft in the harbor without a permit from the harbor master or, if there is no harbor master, the appropriate municipal official. Whoever does so without permit is guilty of a Class E crime. Watercraft which are to be salvaged by firms licensed by the State to do salvage work shall be excluded from this section. The municipal board or commission entrusted with harbor management shall be the sole determiner as to what constitutes a watercraft that is derelict and what constitutes a watercraft that is abandoned.   [PL 1987, c. 412, §§ 7, 8 (NEW).]
SECTION HISTORY
PL 1987, c. 412, §§7,8 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §10. Harbor master liability

§10. Harbor master liability
In addition to the immunities from liability and the limitations and defenses provided under the Maine Tort Claims Act, Title 14, sections 8103, 8111 and 8112, a harbor master who, in the performance of statutory duties as set forth in sections 4 and 5, causes any damage to property or any injury to a person shall not be liable for damage or injury, unless the damage or injury is a direct result of the gross negligence, gross recklessness or bad faith intentional misconduct of the harbor master.   [PL 1987, c. 655, §7 (AMD).]
SECTION HISTORY
PL 1987, c. 412, §§7,8 (NEW). PL 1987, c. 655, §7 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §11. Definitions

§11. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 548, Pt. D, §9 (AMD).]
1.  Municipal resident.
"Municipal resident" means any person who occupies a dwelling within the municipality for more than 180 days in a calendar year. A municipality may by ordinance include other persons in the definition of resident.
[PL 1987, c. 412, §§ 7, 8 (NEW).]
2.  Parcel of land.
"Parcel of land" means the larger of the minimal buildable lot size in the municipality or 20,000 square feet and, in either case, including 100 feet of shoreline frontage.
[PL 1987, c. 412, §§ 7, 8 (NEW).]
3.  Watercraft.
"Watercraft" means any type of vessel, boat, barge, float or craft used or capable of being used as a means of transportation on water other than a seaplane.
[PL 1987, c. 412, §§ 7, 8 (NEW).]
SECTION HISTORY
PL 1987, c. 412, §§7,8 (NEW). PL 1991, c. 548, §D9 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §12. Violation of subchapter

§12. Violation of subchapter
Except as provided in section 13, a violation of this subchapter or any harbor ordinance may be prosecuted and relief, fees, fines and penalties granted and assessed pursuant to the provisions of Title 30‑A, section 4452.   [PL 1991, c. 262, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 655, §8 (NEW). PL 1989, c. 287, §5 (RPR). PL 1991, c. 262, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 1: HARBOR MASTERS › 38 §13. Failure to obey orders of harbormasters

§13. Failure to obey orders of harbormasters
1.  Offense defined.
A person is guilty of failure to obey an order of a harbormaster if the person intentionally, knowingly or recklessly fails to obey any lawful order of a harbormaster authorized pursuant to this subchapter.
[PL 1991, c. 262, §2 (NEW).]
2.  Penalty.
Failure to obey an order of a harbormaster is a Class E crime.
[PL 1991, c. 262, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 262, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 2: PORT WARDENS › 38 §41. Election; qualifications; term; removal; vacancies; records

§41. Election; qualifications; term; removal; vacancies; records
Port wardens must be elected in any city or town situated on navigable waters upon the petition of 10 or more citizens engaged in commercial pursuits therein.   [RR 2021, c. 2, Pt. B, §226 (COR).]
If in such city or town there is a board of trade duly incorporated, that board shall annually elect the port warden. Otherwise the municipal officers thereof shall annually elect the port warden.   [RR 2021, c. 2, Pt. B, §226 (COR).]
Port wardens must have commercial or nautical experience and hold office one year from each election and until others are qualified in their stead, except when removed for cause or when elected to serve out an unexpired term. They must be sworn faithfully to perform their duties.   [RR 2021, c. 2, Pt. B, §226 (COR).]
Boards of trade, by their managers, or municipal officers shall forthwith on complaint of any person aggrieved, after hearing, remove for cause any port warden by them elected, and all vacancies must be filled by those authorities.   [RR 2021, c. 2, Pt. B, §226 (COR).]
Port wardens shall make a record of their doings and keep the same in their office for inspection at any time, free of charge, by any person interested therein.
SECTION HISTORY
RR 2021, c. 2, Pt. B, §226 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 2: PORT WARDENS › 38 §42. Duties; vessels arriving

§42. Duties; vessels arriving
When requested by any person interested, port wardens shall proceed on board of any vessel on her arrival in port and survey her hatches and notice if they are properly caulked and secured, and if they have been opened by some person not a port warden, that fact shall be noticed, and all the facts in relation to the hatches of said vessel shall be entered in the official record. They shall examine the condition and stowage of the cargo of any vessel, and if any portion of it is found to be damaged, they shall inquire into and ascertain the cause thereof, and make a memorandum of the same, noting particularly the marks and numbers of each damaged package, and shall enter the same in full in the records of their office. For the purpose of ascertaining the extent of said damage, they shall examine goods, wares or merchandise of any description in any warehouse or store, or on any wharf or at any place where the same are, provided said goods, wares or merchandise are part of the cargo and are claimed to be damaged. They shall note particularly the marks and numbers of every package examined by them and the extent of the damage received, and all the facts in relation thereto shall be entered in the records of their office.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 2: PORT WARDENS › 38 §43. -- distressed vessels

§43. -- distressed vessels
When requested in writing by any person interested, port wardens shall survey the cargo of any vessel arriving in port in distress, and shall make and record in the books of their office, a full and particular report of the condition of said cargo, and of their recommendations in relation to the disposal of such portions of the same as in their judgment may not be in condition for reshipment, reference being had to the best interests of all concerned.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 2: PORT WARDENS › 38 §44. -- wrecked or damaged vessels

§44. -- wrecked or damaged vessels
When requested in writing by any person interested, port wardens shall survey any vessel which may have suffered wreck or damage, or which may be deemed unseaworthy. Such port wardens shall call to their assistance one merchant and one shipwright, both of whom shall be competent and disinterested persons and shall be sworn faithfully to perform their duties in the examination and survey. Said surveyors and port wardens shall examine the hull, spars, sails, rigging and all the appurtenances of said vessel, and make and record in the books of the port wardens' office a full and particular report of all the surveys by them held on said vessel, specifying what damage she has sustained and what repairs in their opinion are necessary to render her again seaworthy. The aforesaid report shall be presumptive evidence of the necessity of such repairs and of the sufficiency of the same when made.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 2: PORT WARDENS › 38 §45. Fees

§45. Fees
Port wardens shall be allowed fees to be paid by the person requesting their services, as follows: For survey of hatches, $2; for each survey of cargo on shipboard, $1; for certificate of stowage of cargo, $2; for each subsequent certificate, $1; for each survey to ascertain extent of damage, $2; for each certificate thereof, $2; for each survey required by section 43, $4; for each certificate thereof, $2; on each survey as required by section 44 for each person, $2; for each certificate thereof, $2.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 2: PORT WARDENS › 38 §46. Jurisdiction; impersonation; penalty

§46. Jurisdiction; impersonation; penalty
In the cities and towns for which they are elected, port wardens shall have exclusive jurisdiction in all matters pertaining to their duties, as specified in this subchapter and subchapters III, IV and V. Any other person who performs or attempts to perform any such duties in any city or town wherein there is a port warden forfeits for each offense $100, to be recovered in a civil action by any prosecutor.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 3: PILOTS › 38 §81. Appointment; bond (REPEALED)

§81. Appointment; bond
(REPEALED)
SECTION HISTORY
PL 1975, c. 771, §413 (AMD). PL 1985, c. 389, §27 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 3: PILOTS › 38 §83. Fees; complaints; suspension or removal (REPEALED)

§83. Fees; complaints; suspension or removal
(REPEALED)
SECTION HISTORY
PL 1975, c. 771, §414 (AMD). PL 1985, c. 389, §30 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 3: PILOTS › 38 §85. Declaration of policy

§85. Declaration of policy
It is declared to be the policy and intent of the Legislature and the purpose of this subchapter to provide for a system of state pilotage in order to provide maximum safety from the dangers of navigation for vessels entering or leaving the waters described in this subchapter, to maintain a state pilotage system devoted to the preservation and protection of lives, property, the environment and vessels entering or leaving these waters at the highest standard of efficiency and to insure the availability of pilots well qualified for the discharge of their duties in aid of commerce and navigation.   [PL 1999, c. 355, §2 (AMD).]
SECTION HISTORY
PL 1969, c. 410, §1 (NEW). PL 1985, c. 389, §32 (AMD). PL 1999, c. 355, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 1: OPERATION OF VESSELS › Subchapter 3: PILOTS › 38 §85-A. Definitions (REPEALED)

§85-A. Definitions
(REPEALED)
SECTION HISTORY
PL 1983, c. 758, §13 (NEW). PL 1991, c. 509, §46 (AMD). PL 1997, c. 727, §C17 (AMD). PL 1999, c. 355, §3 (RP).