reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 3: ENFORCEMENT › 38 §454. Injunctions, civil and criminal actions (REPEALED)

§454. Injunctions, civil and criminal actions
(REPEALED)
SECTION HISTORY
PL 1971, c. 256, §4 (AMD). PL 1971, c. 359, §4 (RPR). PL 1971, c. 544, §132 (RPR). PL 1971, c. 618, §12 (AMD). PL 1973, c. 450, §22 (AMD). PL 1977, c. 300, §27 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 3: ENFORCEMENT › 38 §455. Sardine processing facilities (REPEALED)

§455. Sardine processing facilities
(REPEALED)
SECTION HISTORY
PL 1981, c. 695 (NEW). PL 1983, c. 592, §1 (AMD). PL 1983, c. 646 (AMD). PL 1987, c. 192, §16 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4: AIR POLLUTION AND ENVIRONMENTAL IMPROVEMENT › 38 §460. Powers and duties (REPEALED)

§460. Powers and duties
(REPEALED)
SECTION HISTORY
PL 1967, c. 475, §12 (NEW). PL 1969, c. 431, §9 (AMD). PL 1971, c. 618, §12 (AMD). PL 1973, c. 625, §275 (AMD). PL 1975, c. 595, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4: AIR POLLUTION AND ENVIRONMENTAL IMPROVEMENT › 38 §461. Definitions (REPEALED)

§461. Definitions
(REPEALED)
SECTION HISTORY
PL 1967, c. 475, §12 (NEW). PL 1975, c. 595, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4: AIR POLLUTION AND ENVIRONMENTAL IMPROVEMENT › 38 §462. Cooperation and penalties (REPEALED)

§462. Cooperation and penalties
(REPEALED)
SECTION HISTORY
PL 1967, c. 475, §12 (NEW). PL 1975, c. 595, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4: AIR POLLUTION AND ENVIRONMENTAL IMPROVEMENT › 38 §463. Ordinances (REPEALED)

§463. Ordinances
(REPEALED)
SECTION HISTORY
PL 1969, c. 475, §12 (NEW). PL 1975, c. 595, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4-A: WATER CLASSIFICATION PROGRAM › 38 §465-C. Standards of classification of ground water

§465-C. Standards of classification of ground water
The department shall have 2 standards for the classification of ground water.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §67 (AMD).]
1.  Class GW-A.
Class GW-A shall be the highest classification and shall be of such quality that it can be used for public water supplies. These waters shall be free of radioactive matter or any matter that imparts color, turbidity, taste or odor which would impair usage of these waters, other than that occurring from natural phenomena.
[PL 1985, c. 698, §15 (NEW).]
2.  Class GW-B.
Class GW-B, the 2nd highest classification, shall be suitable for all usages other than public water supplies.
[PL 1985, c. 698, §15 (NEW).]
SECTION HISTORY
PL 1985, c. 698, §15 (NEW). PL 1989, c. 890, §§A40,B67 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4-A: WATER CLASSIFICATION PROGRAM › 38 §466-A. Sustenance fishing designated use

§466-A. Sustenance fishing designated use
1.  Water quality criteria.
To protect the sustenance fishing designated use designated under this article, the department shall calculate and establish water quality criteria for human health using a fish consumption rate of 200 grams per day and a cancer risk level of one in 1,000,000, except that the cancer risk level for inorganic arsenic is governed by section 420, subsection 2, paragraph J.
[PL 2019, c. 463, §5 (NEW).]
2.  Criteria deemed protective.
For all purposes, the sustenance fishing designated use established under this article is deemed protected through the water quality criteria for human health calculated and established by the department for the water body segments subject to a sustenance fishing designated use under this article.
[PL 2019, c. 463, §5 (NEW).]
3.  Limitation; construction.
Nothing in this section and nothing in the designation in this article of a sustenance fishing designated use may be construed to:
A. Create any other right or protection, including a right to any particular quantity or quality of fish;   [PL 2019, c. 463, §5 (NEW).]
B. Limit any right or protection otherwise existing in law; or   [PL 2019, c. 463, §5 (NEW).]
C. Alter or affect the regulation of mercury in discharges, which is governed exclusively by section 413, subsection 11 and section 420, subsection 1‑B.   [PL 2019, c. 463, §5 (NEW).]
[PL 2019, c. 463, §5 (NEW).]
SECTION HISTORY
PL 2019, c. 463, §5 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4-A: WATER CLASSIFICATION PROGRAM › 38 §470. Classification of ground water

§470. Classification of ground water
All ground water shall be classified as not less than Class GW-A, except as otherwise provided in this section. The board may recommend to the Legislature the reclassification of any ground water, after careful consideration, public hearings and in consultation with other state agencies and the municipalities and industries involved, and where the board finds that it is in the best interests of the public that the waters be so classified.   [PL 1985, c. 698, §15 (NEW).]
SECTION HISTORY
PL 1985, c. 698, §15 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4-B: WATER WITHDRAWAL REPORTING PROGRAM › 38 §470-A. Definitions

§470-A. Definitions
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2001, c. 619, §1 (NEW).]
1.  Nonconsumptive use.
"Nonconsumptive use" means any use of water that results in the water being discharged back into the same water source within 1/4 mile upstream or downstream from the point of withdrawal such that the difference between the volume withdrawn and the volume returned is no more than the threshold amount per day. This also includes withdrawals from groundwater that are discharged to a subsurface system or to a hydraulically connected surface water body such that no more than the threshold amount is consumed.
[PL 2001, c. 619, §1 (NEW).]
2.  Water source.
"Water source" means any river, stream or brook as defined in section 480‑B, any lake or pond classified GPA pursuant to section 465‑A or groundwater located anywhere in the State.
[PL 2001, c. 619, §1 (NEW).]
3.  Water withdrawal; withdrawal of water.
"Water withdrawal" or "withdrawal of water" means the removal, diversion or taking of water from a water source. All withdrawals of water from a particular water source that are made or controlled by a single person are considered to be a single withdrawal of water.
[PL 2001, c. 619, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 619, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4-B: WATER WITHDRAWAL REPORTING PROGRAM › 38 §470-B. Threshold volumes for reporting

§470-B. Threshold volumes for reporting
Except as otherwise provided in this article, a person making a water withdrawal in excess of the threshold volumes established in this section shall file a water withdrawal report in accordance with section 470‑D covering the 12 months ending on the previous September 30th. The threshold volumes for reporting are as follows.   [PL 2001, c. 619, §1 (NEW).]
1.  Withdrawals from river, stream or brook.
The threshold volume for reporting on withdrawals from a river, stream or brook or groundwater within 500 feet of a river, stream or brook is 20,000 gallons on any day or, if the watershed area at the point of withdrawal exceeds 75 square miles, a volume in gallons per day for any day that is:
A. One percent of the estimated low-flow volume of water to occur for 7 days once in 10 years based on historical flows for rivers, streams or brooks with an adequate record of gauge data;   [PL 2001, c. 619, §1 (NEW).]
B. One percent of the estimated low-flow volume of water to occur for 7 days once in 10 years based on an estimated low-flow value for a river, stream or brook below a dam where flow is limited by gate settings or leakage; or   [PL 2001, c. 619, §1 (NEW).]
C. If paragraphs A and B are not applicable, then a threshold volume calculated using the formula V=168.031 times A to 1.1 power, where V is the volume in gallons per day and A is the watershed area in square miles.   [PL 2001, c. 619, §1 (NEW).]
[PL 2001, c. 619, §1 (NEW).]
2.  Withdrawals from GPA lake or pond or certain groundwater sources.
The threshold volume for reporting on withdrawals from a Class GPA lake or pond or groundwater within 500 feet of the lake or pond is determined from the following table:
Lake area in acres
gallons/ week
< 10
30,000
10-30
100,000
31-100
300,000
101-300
1,000,000
301-1000
3,000,000
1001-3000
10,000,000
3001-10,000
30,000,000
[PL 2001, c. 619, §1 (NEW).]
3.  Withdrawals from other groundwater sources.
The threshold volume for reporting on withdrawals from groundwater greater than 500 feet from a river, stream, brook or GPA classified lake or pond is 50,000 gallons on any day, unless the person making the water withdrawal demonstrates to the department's satisfaction that the withdrawal will not impact any adjacent surface water body.
[PL 2001, c. 619, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 619, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4-B: WATER WITHDRAWAL REPORTING PROGRAM › 38 §470-D. Filing of reports by users; aggregation of data

§470-D. Filing of reports by users; aggregation of data
Unless exempted under section 470‑C, a person withdrawing more than the threshold volume of water established in this article must file an annual water withdrawal report on December 1, 2003 and on every December 1st thereafter as provided in this section.   [PL 2001, c. 619, §1 (NEW).]
Water withdrawal reports must be submitted to either the Commissioner of Environmental Protection, the Commissioner of Agriculture, Conservation and Forestry or the Commissioner of Health and Human Services in a form or manner prescribed by that commissioner. No later than January 1, 2003, those commissioners shall jointly publish a list indicating which classes of users are to report to which department. The form and manner of reporting must be determined by each commissioner except that the required information must be collected from each user above the threshold and in a manner that allows that data to be combined with data collected by the other commissioners. The reports must include information on actual and anticipated water use, the identification of the water source, the location of the withdrawal including the distance of each groundwater withdrawal from the nearest surface water source, the volume of the withdrawals that might be reasonably anticipated under maximum high-demand conditions and the number of days those withdrawals may occur each month and the location and volume of each point of discharge. The reporting may allow volumes to be reported in ranges established by the commissioners and reported volumes may be calculated estimates of volumes. The board, the Department of Agriculture, Conservation and Forestry and the Department of Health and Human Services may adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A as necessary to implement the reporting provisions of this article.   [PL 2011, c. 120, §7 (AMD); PL 2011, c. 657, Pt. W, §5, 6 (REV).]
Individual water withdrawal reports filed under this article are confidential and are not public records as defined in Title 1, section 402, subsection 3.   [PL 2001, c. 619, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 619, §1 (NEW). PL 2003, c. 689, §§B6,7 (REV). PL 2011, c. 120, §7 (AMD). PL 2011, c. 657, Pt. W, §5, 6 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4-B: WATER WITHDRAWAL REPORTING PROGRAM › 38 §470-E. Water use standards (REPEALED)

§470-E. Water use standards
(REPEALED)
SECTION HISTORY
PL 2001, c. 619, §1 (NEW). MRSA T. 38 §470E (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4-B: WATER WITHDRAWAL REPORTING PROGRAM › 38 §470-F. Local water use policies encouraged

§470-F. Local water use policies encouraged
The department shall encourage and cooperate with state, regional or municipal agencies, boards or organizations in the development and adoption of regional or local water use policies that protect the environment from excessive drawdown of water sources during low-flow periods. The department shall encourage those entities, in developing those policies, to review previously adopted low-flow policies.   [PL 2009, c. 369, Pt. A, §35 (AMD).]
SECTION HISTORY
PL 2001, c. 619, §1 (NEW). PL 2009, c. 369, Pt. A, §35 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4-B: WATER WITHDRAWAL REPORTING PROGRAM › 38 §470-G. Reporting and use of collected data (REPEALED)

§470-G. Reporting and use of collected data
(REPEALED)
SECTION HISTORY
PL 2001, c. 619, §1 (NEW). PL 2003, c. 689, §B7 (REV). PL 2007, c. 619, §6 (RPR). PL 2011, c. 655, Pt. EE, §23 (RP). PL 2011, c. 655, Pt. EE, §30 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 4-B: WATER WITHDRAWAL REPORTING PROGRAM › 38 §470-H. In-stream flow and water level requirements; rules

§470-H. In-stream flow and water level requirements; rules
The board shall adopt rules that establish water use requirements for maintaining in-stream flows and lake or pond water levels that are protective of aquatic life and other uses and that establish criteria for designating watersheds most at risk from cumulative water use. Requirements adopted under this section must be based on the natural variation of flows and water levels, allowing variances if use will still be protective of water quality within that classification. The board shall incorporate into the rules a mechanism to reconcile, to the extent feasible, the objective of protecting aquatic life and other uses as provided for in this section and the objective of allowing community water systems to use their existing water supplies to provide water service. Before the department issues a community water system withdrawal certificate, the certificate must be reviewed and approved by the drinking water program of the Department of Health and Human Services, with technical assistance from the Public Advocate on economic issues, to ensure that conditions contained in the certificate are economically affordable and technically feasible and will not jeopardize the safety, dependability or financial viability of the community water system. Except as necessary to meet the requirements in this section and rules adopted pursuant to this section, a community water system does not forfeit the rights, powers or responsibilities related to water use that are contained in its legislative charter or similar authority. Rules adopted under this section are state water use rules in accordance with the authority reserved to states under the federal Clean Water Act. A water user that fails to comply with the requirements of the rules adopted under this section is subject to penalties pursuant to section 349. For purposes of this section, "community water system" has the same meaning as in Title 22, section 2660‑B, subsection 2. Rules adopted under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2007, c. 235, §1 (AMD).]
SECTION HISTORY
PL 2005, c. 330, §12 (NEW). PL 2007, c. 235, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5: ALTERATION OF COASTAL WETLANDS › 38 §471. Prohibitions (REPEALED)

§471. Prohibitions
(REPEALED)
SECTION HISTORY
PL 1975, c. 595, §3 (NEW). PL 1979, c. 504, §1 (AMD). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5: ALTERATION OF COASTAL WETLANDS › 38 §472. Definition (REPEALED)

§472. Definition
(REPEALED)
SECTION HISTORY
PL 1975, c. 595, §3 (NEW). PL 1979, c. 504, §2 (RPR). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5: ALTERATION OF COASTAL WETLANDS › 38 §473. Permit granting authority (REPEALED)

§473. Permit granting authority
(REPEALED)
SECTION HISTORY
PL 1975, c. 595, §3 (NEW). PL 1987, c. 192, §24 (AMD). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5: ALTERATION OF COASTAL WETLANDS › 38 §474. Permits; standards (REPEALED)

§474. Permits; standards
(REPEALED)
SECTION HISTORY
PL 1975, c. 595, §3 (NEW). PL 1979, c. 504, §3 (RPR). PL 1983, c. 453, §5 (AMD). PL 1985, c. 649 (AMD). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5: ALTERATION OF COASTAL WETLANDS › 38 §475. Penalties (REPEALED)

§475. Penalties
(REPEALED)
SECTION HISTORY
PL 1975, c. 595, §3 (NEW). PL 1977, c. 300, §28 (AMD). PL 1983, c. 566, §30 (AMD). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5: ALTERATION OF COASTAL WETLANDS › 38 §476. Enforcement (REPEALED)

§476. Enforcement
(REPEALED)
SECTION HISTORY
PL 1975, c. 595, §3 (NEW). PL 1981, c. 470, §A165 (AMD). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5: ALTERATION OF COASTAL WETLANDS › 38 §477. Injunction; restoration (REPEALED)

§477. Injunction; restoration
(REPEALED)
SECTION HISTORY
PL 1975, c. 595, §3 (NEW). PL 1977, c. 300, §29 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5: ALTERATION OF COASTAL WETLANDS › 38 §478. Exemptions (REPEALED)

§478. Exemptions
(REPEALED)
SECTION HISTORY
PL 1975, c. 595, §3 (NEW). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-A. Findings; purpose; short title

§480-A. Findings; purpose; short title
The Legislature finds and declares that the State's rivers and streams, great ponds, fragile mountain areas, freshwater wetlands, significant wildlife habitat, coastal wetlands and coastal sand dunes systems are resources of state significance. These resources have great scenic beauty and unique characteristics, unsurpassed recreational, cultural, historical and environmental value of present and future benefit to the citizens of the State and that uses are causing the rapid degradation and, in some cases, the destruction of these critical resources, producing significant adverse economic and environmental impacts and threatening the health, safety and general welfare of the citizens of the State.   [PL 1987, c. 809, §2 (NEW).]
The Legislature further finds and declares that there is a need to facilitate research, develop management programs and establish sound environmental standards that will prevent the degradation of and encourage the enhancement of these resources. It is the intention of the Legislature that existing programs related to Maine's rivers and streams, great ponds, fragile mountain areas, freshwater wetlands, significant wildlife habitat, coastal wetlands and sand dunes systems continue and that the Department of Environmental Protection provide coordination and vigorous leadership to develop programs to achieve the purposes of this article. The well-being of the citizens of this State requires the development and maintenance of an efficient system of administering this article to minimize delays and difficulties in evaluating alterations of these resource areas.   [PL 1987, c. 809, §2 (NEW).]
The Legislature further finds and declares that the cumulative effect of frequent minor alterations and occasional major alterations of these resources poses a substantial threat to the environment and economy of the State and its quality of life.   [PL 1987, c. 809, §2 (NEW).]
This article is known and may be cited as "the Natural Resources Protection Act."   [PL 2007, c. 290, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 2007, c. 290, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-C. Prohibitions

§480-C. Prohibitions
1.  Prohibition.
A person may not perform or cause to be performed any activity listed in subsection 2 without first obtaining a permit from the department if the activity is located in, on or over any protected natural resource or is located adjacent to any of the following:
A. A coastal wetland, great pond, river, stream or brook or significant wildlife habitat contained within a freshwater wetland; or   [PL 1995, c. 460, §4 (RPR); PL 1995, c. 460, §12 (AFF).]
B. Freshwater wetlands consisting of or containing:
(1) Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or
(2) Peatlands dominated by shrubs, sedges and sphagnum moss.   [PL 1995, c. 460, §4 (RPR); PL 1995, c. 460, §12 (AFF).]
A person may not perform or cause to be performed any activity in violation of the terms or conditions of a permit.
[PL 2001, c. 618, §2 (AMD).]
2.  Activities requiring a permit.
The following activities require a permit:
A. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials;   [PL 1987, c. 809, §2 (NEW).]
B. Draining or otherwise dewatering;   [PL 1987, c. 809, §2 (NEW).]
C. Filling, including adding sand or other material to a sand dune; or   [PL 1987, c. 809, §2 (NEW).]
D. Any construction, repair or alteration of any permanent structure.   [PL 1987, c. 809, §2 (NEW).]
[PL 1987, c. 809, §2 (NEW).]
3.  Application.
[PL 1993, c. 721, Pt. F, §1 (RP); PL 1993, c. 721, Pt. H, §1 (AFF).]
4.  Significant groundwater well.
A person may not perform or cause to be performed the establishment or operation of a significant groundwater well without first obtaining a permit from the department.
[PL 2007, c. 399, §11 (NEW).]
5.  Small-scale wind energy development.
A person may not construct or cause to be constructed a wind energy development requiring certification under Title 35‑A, section 3456 without first obtaining a permit from the department under section 480‑II.
[PL 2015, c. 264, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 430, §4 (AMD). PL 1989, c. 838, §4 (AMD). PL 1989, c. 890, §§A40,B70 (AMD). PL 1993, c. 721, §F1 (AMD). PL 1993, c. 721, §H1 (AFF). PL 1995, c. 460, §4 (AMD). PL 1995, c. 460, §12 (AFF). PL 2001, c. 618, §2 (AMD). PL 2007, c. 399, §11 (AMD). PL 2015, c. 264, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-E-2. Delegation of review authority to the Department of Health and Human Services or to a community public water system

§480-E-2. Delegation of review authority to the Department of Health and Human Services or to a community public water system
The commissioner may delegate review authority to determine whether an activity that requires a permit because it is located within a community public water system primary protection area meets the standards in section 480‑D, subsections 2 and 5 if the activity does not in whole or in part otherwise require a permit pursuant to section 480‑C. The commissioner may delegate this review authority to the drinking water program of the Department of Health and Human Services or to a community public water system that demonstrates adequate technical capacity to perform the review. If review authority is delegated, the department shall issue or deny the permit and retains enforcement authority.   [PL 2007, c. 353, §11 (NEW).]
SECTION HISTORY
PL 2007, c. 353, §11 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-E-3. Delegation of permit-granting authority to the Department of Agriculture, Conservation and Forestry, Bureau of Forestry

§480-E-3. Delegation of permit-granting authority to the Department of Agriculture, Conservation and Forestry, Bureau of Forestry
Notwithstanding section 480‑E‑1, the Department of Agriculture, Conservation and Forestry, Bureau of Forestry shall issue all permits under this article for timber harvesting activities in all areas of the State that are not subject to review and approval by the department under any other article of this chapter. For the purposes of this section, "timber harvesting activities" means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting, the mining of gravel used for the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. Prior to issuing a permit under this section for the mining of gravel used for the construction or maintenance of roads used primarily for timber harvesting in an organized area of the State, the Bureau of Forestry shall consult with the department.   [PL 2013, c. 570, §1 (AMD).]
1.  Activity located in organized and unorganized area.
[PL 2013, c. 570, §1 (RP).]
2.  Allowed use.
[PL 2013, c. 570, §1 (RP).]
The Department of Agriculture, Conservation and Forestry, Bureau of Forestry, in consultation with the department, shall annually review standards for timber harvesting activities adopted by the Bureau of Forestry to ensure that the standards afford a level of protection consistent with the goals of this article and the goals of Title 12, chapter 805, subchapter 3‑A.   [PL 2011, c. 599, §13 (NEW); PL 2011, c. 657, Pt. W, §§5, 7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]
SECTION HISTORY
PL 2011, c. 599, §13 (NEW). PL 2011, c. 657, Pt. W, §§5, 7 (REV). PL 2013, c. 405, Pt. A, §23 (REV). PL 2013, c. 570, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-G. Periodic review of delegated authority

§480-G. Periodic review of delegated authority
If the board finds that a municipality has failed to satisfy one or more of the criteria listed in section 480‑F, the board shall notify the municipality accordingly and make recommendations through which it may establish compliance. The municipality may then submit a modified application for approval.   [PL 1987, c. 809, §2 (NEW).]
If, at any time, the board determines that a municipality may be failing to exercise its permit- granting authority in accordance with its approval procedures or the purposes of this article, the board shall notify the municipality of the specific alleged deficiencies and shall order a public hearing of which adequate public notice shall be given to be held in the municipality to solicit public or official comment on the alleged deficiencies. Following the hearing, if the board finds such deficiencies, the board shall revoke the municipality's permit-granting authority. The municipality may reapply for authority at any time.   [PL 1987, c. 809, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-H. Rules; performance and use standards

§480-H. Rules; performance and use standards
In fulfilling its responsibilities to adopt rules pursuant to section 341‑D, the board, to the extent practicable, shall adopt performance and use standards for activities regulated by this article. These standards at a minimum must include:   [PL 1995, c. 347, §3 (AMD).]
1.  Department of Transportation projects.
By February 15, 1991, requirements for projects that are under the direction and supervision of the Department of Transportation that do not affect coastal wetlands or coastal sand dune systems and that involve only maintenance or repair of public transportation facilities or structures or transportation reconstruction or replacement projects.
A. The Department of Transportation shall meet the following conditions for any project undertaken pursuant to this subsection after February 15, 1991.
(1) All projects must be performed in a manner consistent with this article and in compliance with rules adopted by the board.
(2) The project may not unreasonably harm the protected natural resources covered by this article.
(3) The Department of Transportation and its contractors shall use erosion control measures to prevent sedimentation of any surface waters.
(4) The project may not block any fish passage in any watercourse.
(5) The project may not result in any excessive intrusion of the project into the protected natural resources.   [PL 1991, c. 66, Pt. A, §16 (RPR).]
B. Those activities that are exempt from permitting requirements under section 480‑Q are not subject to this subsection.   [PL 1991, c. 66, Pt. A, §16 (RPR).]
C. The Department of Transportation must notify the commissioner before construction activities begin if the provisions of this subsection are utilized.   [PL 1991, c. 66, Pt. A, §16 (RPR).]
[PL 1991, c. 66, Pt. A, §16 (RPR).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 814, §2 (AMD). PL 1989, c. 890, §§A40,B75 (AMD). PL 1991, c. 66, §A16 (RPR). PL 1995, c. 347, §3 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-I. Identification of freshwater wetlands and fragile mountain areas

§480-I. Identification of freshwater wetlands and fragile mountain areas
1.  Identification by maps.
The commissioner shall map areas meeting the definition of fragile mountain areas set forth in this article. The data developed under section 546‑B may be used for mapping significant wildlife habitat. Maps of significant wildlife habitats that have been produced by the Department of Inland Fisheries and Wildlife must be adopted by rule pursuant to the Maine Administrative Procedure Act by the department if:
A. The maps are of one or more of the types of areas listed in section 480‑B, subsection 10, paragraph A; or   [PL 2007, c. 290, §3 (NEW).]
B. The maps are of one or more of the types of areas listed in section 480‑B, subsection 10, paragraph B and are for purposes of determining when a permit is required for forest management activities.   [PL 2007, c. 290, §3 (NEW).]
[PL 2007, c. 290, §3 (AMD).]
2.  Procedures.
The maps and subsequent amendments to be adopted pursuant to the Maine Administrative Procedure Act are subject to the following procedures.
A. Preliminary maps of the affected area or amendments of a map must be sent to the municipal officers or their designees.   [PL 2007, c. 290, §4 (AMD).]
B. Upon receipt of the proposed maps, the municipal officers of each municipality shall take any action they determine appropriate to increase public participation in this identification and delineation, but shall return their comments to the commissioner within a 90-day period.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §77 (AMD).]
[PL 2007, c. 290, §4 (AMD).]
3.  Progress report.
[PL 2007, c. 655, §2 (RP).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 890, §§A40,B76,77 (AMD). PL 1991, c. 693, §2 (AMD). PL 1997, c. 230, §1 (AMD). PL 2007, c. 290, §§3, 4 (AMD). PL 2007, c. 655, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-J. Maps

§480-J. Maps
Maps delineating the boundaries of freshwater wetlands, significant wildlife habitat and fragile mountain areas that meet the criteria of this article shall be available at the offices of the municipality and of the regional council in which the resources are located.   [PL 1987, c. 809, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-K. Data bank

§480-K. Data bank
The commissioner shall maintain, in cooperation with other state agencies, a data bank containing all the known information pertaining to all resources of state significance, as enumerated in this article, within the State. All governmental agencies, state or federal, shall make available to the commissioner information in their possession relating to these resources.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §78 (AMD).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 890, §§A40,B78 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-L. Research

§480-L. Research
The commissioner, in cooperation with other state agencies, is authorized to conduct research and studies to determine how the resource values of resources of state significance can be restored and enhanced.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §78 (AMD).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 890, §§A40,B78 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-M. Funds

§480-M. Funds
The department is the public agency of the State authorized to accept funds, public and private, for the purposes of this article.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §78 (AMD).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 890, §§A40,B78 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-N. Lake Water Quality Restoration and Protection Fund

§480-N. Lake Water Quality Restoration and Protection Fund
1.  Fund purposes and administration.
There is established a nonlapsing Lake Water Quality Restoration and Protection Fund, referred to in this section as "the fund," from which the commissioner may pay up to 50% of the eligible costs incurred in a lake water quality restoration or protection project, except that eligible costs for projects addressing technical assistance, watershed surveys, watershed plan development, public education or research issues may be paid up to 100%. Eligible costs include all costs except those related to land acquisition, legal fees and debt service. The commissioner may use money credited to the fund only for the purposes described in subsections 3, 4 and 6 and for projects to improve or maintain the quality of lake waters in the State. The commissioner may authorize the State Controller to draw a warrant for such funds as may be necessary to pay the lawful expenses of the lake water quality restoration or protection project, up to the limits of the money duly authorized. Any balance remaining in the fund must continue without lapse from year to year and remain available only for the purposes for which the fund is established.
[PL 2023, c. 426, §1 (AMD).]
2.  Prohibited expenditures.
The commissioner may not use money in the fund to pay costs for projects in or on lakes for which public access is not provided.
[PL 2023, c. 426, §1 (AMD).]
3.  Staffing support.
The commissioner may use money in the fund for state, regional or local staffing to support administration and implementation of activities authorized under this section.
[PL 2023, c. 426, §1 (AMD).]
4.  Public education program.
The commissioner may use money in the fund to develop a coordinated public education program.
[PL 2023, c. 426, §1 (AMD).]
5.  Research.
[PL 2023, c. 426, §1 (RP).]
6.  Research.
The commissioner may use money in the fund to conduct internal or external assessments and research focused on lake water quality restoration or protection.
[PL 2023, c. 426, §1 (NEW).]
7.  Funding sources.
The fund may receive money from any source, public or private.
[PL 2023, c. 426, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 502, §§A145,A146 (AMD). PL 1989, c. 890, §§A40,B79,80 (AMD). PL 2023, c. 426, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-O. Bulkheads and retaining walls on Scarborough River; permit requirements

§480-O. Bulkheads and retaining walls on Scarborough River; permit requirements
Nothing in this article prohibits the rebuilding, replacement or new construction of a bulkhead, retaining wall or similar structure, provided that the applicant for a permit demonstrates to the department or municipality, as appropriate, that the following conditions are met.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §81 (AMD).]
1.  Location.
The bulkhead or similar structure to be constructed, rebuilt or replaced is located along some or all of the north-northeasterly property lines of land abutting the Scarborough River from the jetty to the Scarborough town landing.
[PL 1987, c. 809, §2 (NEW).]
2.  Termination.
The terminus of any bulkhead or similar structure, including any wing wall, unless connected to another bulkhead or similar structure, shall terminate at least 25 feet from any abutting property.
[PL 1987, c. 809, §2 (NEW).]
Any permit issued under this section for a bulkhead or similar structure that is not connected at both ends to another bulkhead or similar structure is subject to only the standard conditions applicable to all permits granted under this article as well as the following conditions. The permit applicant or applicants are responsible for reasonably maintaining the bulkhead or similar structure and for repairing damage to the frontal sand dune that occurs between the end of the bulkhead or similar structure and the Scarborough town landing and that is caused by the existence of the bulkhead or similar structure. The applicant or applicants shall submit a report prepared by a state-licensed geologist to the commissioner every 2nd year following issuance of the permit or until such time as the commissioner determines the report need not be filed or may be filed at longer intervals. The report must describe the status of the frontal sand dune between the end of the bulkhead or similar structure and the Scarborough town landing and contain whatever recommendations the geologist determines are reasonably required to maintain the frontal sand dune in that area. The applicant or applicants shall follow the recommendations.   [PL 2019, c. 285, §15 (AMD).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 890, §§A40,B81 (AMD). PL 2019, c. 285, §15 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-R. Violations; enforcement

§480-R. Violations; enforcement
1.  Violations.
A violation is any activity which takes place contrary to the provisions of a valid permit issued under this article or without a permit having been issued for that activity. Each day of a violation shall be considered a separate offense. A finding that any such violation has occurred shall be prima facie evidence that the activity was performed or caused to be performed by the owner of the property where the violation occurred.
[PL 1987, c. 809, §2 (NEW).]
2.  Enforcement.
In addition to department staff, inland fisheries and wildlife game wardens, Department of Marine Resources marine patrol officers and all other law enforcement officers enumerated in Title 12, section 10401 shall enforce the terms of this article.
[PL 2003, c. 414, Pt. B, §71 (AMD); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 546, §7 (AMD). PL 1989, c. 890, §§A40,B82 (AMD). PL 2003, c. 414, §B71 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-S. Fee for significant wildlife habitat review

§480-S. Fee for significant wildlife habitat review
The commissioner shall establish procedures to charge applicants for costs incurred in reviewing license and permit applications regarding significant wildlife habitats in the same manner as provided for other fees in section 352. The maximum fees are $150 for processing and $50 for a license. All fees must be credited to the Maine Environmental Protection Fund established in section 351.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §83 (AMD).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 890, §§A40,B83 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-T. Transportation improvements (REPEALED)

§480-T. Transportation improvements
(REPEALED)
SECTION HISTORY
PL 1989, c. 814, §3 (NEW). MRSA T. 38 §480-T, sub-§4 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-V. Applicability

§480-V. Applicability
This article applies to all protected natural resources in the State.   [PL 2007, c. 290, §6 (RPR).]
1.  Exemptions.
[PL 2007, c. 290, §6 (RP).]
SECTION HISTORY
PL 1993, c. 721, §F4 (NEW). PL 1993, c. 721, §H1 (AFF). PL 2001, c. 232, §16 (AMD). PL 2007, c. 290, §6 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-AA. Coastal sand dune rules

§480-AA. Coastal sand dune rules
Rules adopted by the board regarding development in coastal sand dune systems are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2003, c. 130, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 130, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-DD. Significant wildlife habitat criteria; reduction in certain significant wildlife habitats due to development or topography

§480-DD. Significant wildlife habitat criteria; reduction in certain significant wildlife habitats due to development or topography
Although an area is otherwise in conformance with significant wildlife habitat criteria adopted by the department for shorebird nesting, feeding, roosting and staging areas, or high and moderate value inland waterfowl and wading bird habitat, the Department of Inland Fisheries and Wildlife may determine that a specific portion of the area is no longer this type of significant wildlife habitat due to the topography or impact of development in existence on June 8, 2006 and continuing in existence as of the date of the determination.   [PL 2007, c. 290, §8 (NEW); PL 2007, c. 290, §15 (AFF).]
1.  Factors.
When determining whether an area is no longer a significant wildlife habitat, the Department of Inland Fisheries and Wildlife may consider factors such as species present or exiting and potential use of the area by birds, levels of disturbance, screening, development density, land use, presence of cliffs or bluffs and any mitigating factors.
[PL 2007, c. 290, §8 (NEW); PL 2007, c. 290, §15 (AFF).]
2.  Exclusions.
The Department of Inland Fisheries and Wildlife may not exclude an area from a significant wildlife habitat designation if future development of the area might unreasonably degrade the remaining significant wildlife habitat, unreasonably disturb the birds or unreasonably affect the continued use of the remaining significant wildlife habitat by the birds.
[PL 2007, c. 290, §8 (NEW); PL 2007, c. 290, §15 (AFF).]
For purposes of this section, "development" means the area of property altered, including, but not limited to, buildings, roads, driveways, parking areas, wastewater disposal systems and lawns and other nonnative vegetation as determined by the department.   [PL 2007, c. 290, §8 (NEW); PL 2007, c. 290, §15 (AFF).]
SECTION HISTORY
PL 2007, c. 290, §8 (NEW). PL 2007, c. 290, §15 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 5-A: NATURAL RESOURCES PROTECTION ACT › 38 §480-EE. Significant wildlife habitat criteria; inland open water

§480-EE. Significant wildlife habitat criteria; inland open water
Regardless of its identification on maps as a high or moderate value waterfowl and wading bird habitat, an upland area adjacent to a great pond is not considered high or moderate value waterfowl and wading bird habitat for purposes of this article unless the upland area is within 250 feet of one or more freshwater wetlands that are high or moderate value waterfowl and wading bird habitat.   [PL 2007, c. 290, §9 (NEW); PL 2007, c. 290, §15 (AFF).]
SECTION HISTORY
PL 2007, c. 290, §9 (NEW). PL 2007, c. 290, §15 (AFF).