reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §953. Saco River Corridor established

§953. Saco River Corridor established
There is hereby created the Saco River Corridor, herein referred to as the "corridor," which includes the Saco River from the landward side of the rock jetty in Saco Bay to the New Hampshire border; the Ossipee River from its confluence with the Saco River to the New Hampshire border; and the Little Ossipee River from its confluence with the Saco River to the New Hampshire border at Balch Pond.   [PL 1995, c. 171, §3 (AMD).]
The corridor also includes the lands adjacent to these rivers to a distance of 500 feet as measured on a horizontal plane from the normal or mean high water line of these rivers or to the edge of the 100-year floodplain if that extends beyond 500 feet, up to a maximum of 1,000 feet.   [PL 1995, c. 171, §3 (AMD).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1995, c. 171, §3 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §954. Creation of the Saco River Corridor Commission

§954. Creation of the Saco River Corridor Commission
To carry out the purpose stated in section 951, the Saco River Corridor Commission, as established by Title 5, section 12004‑G, subsection 13, shall hereafter in this chapter be called the "commission." The commission is charged with implementing this chapter within the Saco River Corridor and shall have and exercise all the powers and authorities necessary to carry out the purposes of this chapter and the powers and authorities granted herein. The commission shall consist of one member and one alternate from each municipality whose jurisdiction includes lands or bodies of water encompassed by the Saco River Corridor. Members and alternates shall not be personally liable for the official acts of the commission.   [PL 1989, c. 503, Pt. B, §178 (AMD).]
Appointments to the commission shall be made by the municipal officers of each municipality who may consult with the planning board of that municipality. The initial members and alternates shall be appointed within 30 days of the effective date of this chapter. Members of the commission and alternates shall serve staggered 3-year terms. The term of office of the initial members and alternates shall be determined by lot with 1/3 of the initial members and alternates selected respectively for one, 2 and 3-year terms. The member and alternate from the same municipality shall serve the same term.   [PL 1979, c. 459, §1 (NEW).]
Appointed and elected officials of the municipalities with lands within the corridor shall be eligible to serve as members of the commission, and such service shall not be considered a conflict of interest. The members shall be sworn to the faithful performance of their duties as such by a dedimus justice and 7 members or alternates qualified to vote shall constitute a quorum for the transaction of business.   [PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1983, c. 812, §294 (AMD). PL 1989, c. 503, §B178 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §954-A. Officers and meetings

§954-A. Officers and meetings
The commission shall elect annually, from its own membership, a chair and secretary and such other officers as it deems necessary. Meetings must be held at the call of the chair or at the call of more than 1/2 of the membership. The meetings must be held no less frequently than 8 times a year. The minutes of all proceedings of the commission are a public record available and on file in the office of the commission. Members of the commission must be compensated according to the provisions of Title 5, chapter 379.   [RR 2013, c. 2, §49 (COR).]
Alternate members shall be allowed to participate in all proceedings of the commission, but shall vote only in the absence of the regular member from the municipality which they represent. Public hearings conducted under the authority of this chapter may be held by a single member, alternate or hearing officer designated by the commission.   [PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1983, c. 812, §295 (AMD). RR 2013, c. 2, §49 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §954-B. Commission budget; financing and executive director

§954-B. Commission budget; financing and executive director
The commission shall prepare a biennial budget and shall submit to the Legislature requests for appropriations sufficient to carry out its assigned tasks. The commission may accept contributions of any type from any source to assist it in carrying out its assigned tasks, and make such agreements in respect to the administration of such funds, not inconsistent with this chapter, as are required as conditions precedent to receiving such funds, federal or otherwise. The commission may contract with municipal, state and federal governments or their agencies to assist in the carrying out of any of its assigned tasks. The commission is authorized to employ an executive director who is the principal administrative, operational and executive employee of the commission. The executive director shall attend all meetings of the commission and be permitted to participate fully, but is not a voting member of the commission. The executive director, with the approval of the commission, may hire whatever competent professional personnel and other staff as may be necessary and may obtain office space, goods and services as required.   [RR 2021, c. 2, Pt. B, §258 (COR).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). RR 2021, c. 2, Pt. B, §258 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §954-C. Rule-making powers

§954-C. Rule-making powers
1.
The commission shall have the power, after notice and public hearing, to adopt such rules and regulations governing its procedures as it deems necessary to carry out the purposes of this chapter. The rules and regulations may cover but shall not be limited to:
A. The form and content of applications;   [PL 1979, c. 459, §1 (NEW).]
B. The conduct of meetings and hearings;   [PL 1979, c. 459, §1 (NEW).]
C. The determination of parties to hearings;   [PL 1979, c. 459, §1 (NEW).]
D. The provision, form and content of both public notice and notice to individuals, groups and property owners affected by proposed action of the commission;   [PL 1979, c. 459, §1 (NEW).]
E. The issuance and revocation of permits and certificates of compliance;   [PL 1979, c. 459, §1 (NEW).]
F. The issuance of decisions and findings of facts;   [PL 1979, c. 459, §1 (NEW).]
G. The adoption, amendment and interpretation of district boundaries;   [PL 1979, c. 459, §1 (NEW).]
H. The amendment and revision of the comprehensive plan;   [PL 1979, c. 459, §1 (NEW).]
I. The adoption and amendment of a schedule of fees;   [PL 1979, c. 459, §1 (NEW).]
J. The adoption and amendment of additional performance standards for permitted uses under section 962‑A; and   [PL 1979, c. 459, §1 (NEW).]
K. The grant or denial of variances.   [PL 1979, c. 459, §1 (NEW).]
[PL 1979, c. 459, §1 (NEW).]
2.
In adopting rules and regulations under this section, the commission shall consider, in addition to the other requirements set forth in this chapter, the following factors:
A. Expense and facility of administration;   [PL 1977, c. 459, §1 (NEW).]
B. Convenience to landowners and individuals affected;   [PL 1977, c. 459, §1 (NEW).]
C. Encouragement of public participation; and   [PL 1977, c. 459, §1 (NEW).]
D. Cooperation with municipal and state officials.   [PL 1977, c. 459, §1 (NEW).]
[PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §954-D. Additional powers and duties

§954-D. Additional powers and duties
1.  -- additional.
In order to implement this chapter, the commission may, in addition to the powers and duties otherwise authorized by this chapter:
A. Adopt an official seal;   [PL 1979, c. 459, §1 (NEW).]
B. Compel attendance of witnesses and require production of evidence;   [PL 1979, c. 459, §1 (NEW).]
C. Designate or request municipal, state or federal agencies to receive applications, provide assistance, make investigations and submit recommendations;   [PL 1979, c. 459, §1 (NEW).]
D. Conduct joint hearings with municipal officers or other appropriate state or local agencies where joint approval may be required; and   [PL 1979, c. 459, §1 (NEW).]
E. Sue and be sued in its own name, plead and be impleaded.   [PL 1979, c. 459, §1 (NEW).]
[PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §955. Acquisition of property interests

§955. Acquisition of property interests
The commission may acquire conservation easements or other interest in real estate in the name of the State by gift, purchase, grant, bequest, devise or lease for any of its purposes and may convey administration thereof to any appropriate agency.   [PL 1979, c. 459, §1 (NEW).]
A conservation easement under this section may be a development right, covenant or other contractual right, including a conveyance with conditions or with limitations or reversions, as may be desirable to conserve and properly utilize open spaces and other land and water areas in the corridor.   [PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §956. The comprehensive plan

§956. The comprehensive plan
1.  Guide for boundaries.
The comprehensive plan submitted to the 106th Legislature by the Saco River Environmental Advisory Committee must be used as a guide by the planning boards of the municipalities within the corridor in making recommendations for district boundaries and by the commission in establishing final boundaries. The comprehensive plan may not be regarded as a final and complete design for the future of the land and water areas within the corridor, but as the basis of a continuing planning process to be carried out by the commission in conjunction with local officials, regional planning districts, councils of government and the Department of Agriculture, Conservation and Forestry.
[PL 2011, c. 655, Pt. JJ, §35 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
2.  Prerequisites to amendment or revision.
The commission shall not amend or revise the comprehensive plan, unless:
A. The proposed amendment or revision has been submitted to the Southern Maine Regional Planning Commission, the Greater Portland Council of Governments and other appropriate agencies, which shall forward their comments and recommendations, if any, to the commission within 30 days;   [PL 1979, c. 663, §233 (NEW).]
B. The proposed amendment or revision has been submitted to the Department of Agriculture, Conservation and Forestry, which shall forward its comments and recommendations, if any, to the commission within 30 days; and   [PL 2011, c. 655, Pt. JJ, §36 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
C. The commission has considered all the comments.   [PL 1979, c. 663, §233 (NEW).]
[PL 2011, c. 655, Pt. JJ, §36 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
3.  Basis for amendment or revision.
The commission shall have the authority, after notice and public hearing, to revise, expand or amend the comprehensive plan on the basis of new information, improved professional techniques or changing conditions in the corridor.
[PL 1979, c. 663, §233 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1979, c. 663, §233 (RPR). PL 2011, c. 655, Pt. JJ, §§35, 36 (AMD). PL 2011, c. 655, Pt. JJ, §41 (AFF). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §957. Use districts and classifications

§957. Use districts and classifications
1.  Classification.
The land and water area within the Saco River Corridor shall be classified by the commission according to the following land and water use districts:
A. Resource protection;   [PL 1979, c. 459, §1 (NEW).]
B. Limited residential; and   [PL 1979, c. 459, §1 (NEW).]
C. General development.   [PL 1979, c. 459, §1 (NEW).]
[PL 1979, c. 459, §1 (NEW).]
2.  Use.
Within each of these districts, the possible uses of land and water shall be divided into the following 3 categories:
A. Uses for which no permit from the commission is required;   [PL 1979, c. 459, §1 (NEW).]
B. Uses allowed by permit; and   [PL 1979, c. 459, §1 (NEW).]
C. Prohibited uses.   [PL 1979, c. 459, §1 (NEW).]
[PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §957-D. Omitted uses

§957-D. Omitted uses
1.  Omitted uses.
Uses not specifically mentioned or covered by any general category in the enumeration of permitted and prohibited uses for each district shall be deemed prohibited unless allowed by special permit upon a showing by the applicant that the soils are suitable for the proposed use and that it will not unreasonably interfere with the use and enjoyment of their property by adjacent landowners or involve any significant:
A. Degradation of air and water quality;   [PL 1979, c. 459, §1 (NEW).]
B. Harmful alteration of wetlands;   [PL 1979, c. 459, §1 (NEW).]
C. Increase in erosion or sedimentation;   [PL 1979, c. 459, §1 (NEW).]
D. Danger of increased flood damage;   [PL 1979, c. 459, §1 (NEW).]
E. Obstruction of flood flow;   [PL 1979, c. 459, §1 (NEW).]
F. Damage to fish and wildlife habitat;   [PL 1979, c. 459, §1 (NEW).]
G. Despoliation of the scenic, rural and open space character of the corridor;   [PL 1979, c. 459, §1 (NEW).]
H. Overcrowding;   [PL 1979, c. 459, §1 (NEW).]
I. Excessive noise;   [PL 1979, c. 459, §1 (NEW).]
J. Obstruction to navigation; or   [PL 1979, c. 459, §1 (NEW).]
K. Interference with the educational, scenic, scientific, historic or archaeological values of those areas designated and approved for inclusion within the Resource Protection District.   [PL 1979, c. 459, §1 (NEW).]
[PL 1979, c. 459, §1 (NEW).]
The burden of proof shall be upon the applicant to show entitlement to a permit under this section.   [PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §958. Existing uses

§958. Existing uses
Any existing building or structure or use of a building or structure lawful March 19, 1974, or on the date of any subsequent amendment of this chapter or of any regulation adopted hereunder, may continue although such a use of a structure does not conform to this chapter or the regulations adopted hereunder. Any existing building or structure may be repaired, maintained and improved, but an existing building, structure or nonconforming use may be extended, expanded or enlarged only by permit from the commission. A nonconforming use, other than a single family residential use, that is discontinued for any reason for a period of one year is deemed abandoned and may not be resumed thereafter except in compliance with the requirements of this chapter.   [PL 1995, c. 171, §9 (AMD).]
If, as a result of flood, fire or other casualty, the value of a nonconforming building or structure is reduced by more than 75%, it may be rebuilt and the nonconforming use housed therein may be continued only by permit from the commission. If a nonconforming building or structure is decreased in value less than 75% by flood, fire or other casualty, it may be rebuilt in substantially the same location and in the same size without a permit from the commission, even though it would otherwise violate the requirements of this chapter, provided that the rebuilding shall be commenced within 12 months of the casualty.   [PL 1979, c. 459, §1 (NEW).]
If 2 or more contiguous lots or portions thereof are in single ownership on or after March 19, 1974, and if all or part of the lots do not meet the criteria of lot width, area, frontage or other measures required under this chapter or if a building thereon could not meet the aggregate requirements established by this chapter, the lots involved shall be considered to be one parcel for the purposes of this chapter.   [PL 1979, c. 459, §1 (NEW).]
To avoid undue hardship, nothing in this chapter may be deemed to require a change in the design, construction or intended use of any building or structure with respect to which substantial construction was legally carried out prior to March 19, 1974 or the effective date of any amendment to this chapter. An intended use within the meaning of this section is any use for which such a building or structure is designed as evidenced by the construction or by plans or specifications in existence as of March 19, 1974 or, in the case of any intended use affected by any amendment to this chapter, construction, plans or specifications in existence on the effective date of that amendment.   [PL 1995, c. 171, §9 (AMD).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1995, c. 171, §9 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §959. Permits required

§959. Permits required
Except as otherwise provided in this chapter, after March 19, 1974, a person may not engage in any use of land or water for which a permit is required under this chapter without first obtaining a permit from the commission and complying with all federal, state and municipal regulations.   [PL 1995, c. 171, §10 (AMD).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1995, c. 171, §10 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §959-A. Requirements for granting permits

§959-A. Requirements for granting permits
1.  Permits.
The commission shall grant permits for uses allowed under this chapter upon a showing by the applicant that the soils are suitable for the proposed use and that it will be in compliance with all applicable performance standards and requirements established under this chapter. The commission shall also find that the proposed use will not involve any unreasonable:
A. Degradation of air and water quality;   [PL 1979, c. 459, §1 (NEW).]
B. Harmful alteration of wetlands;   [PL 1979, c. 459, §1 (NEW).]
C. Increase in erosion or sedimentation;   [PL 1979, c. 459, §1 (NEW).]
D. Danger of increased flood damage;   [PL 1979, c. 459, §1 (NEW).]
E. Obstruction of flood flow;   [PL 1979, c. 459, §1 (NEW).]
F. Damage to fish and wildlife habitat;   [PL 1979, c. 459, §1 (NEW).]
G. Despoliation of the scenic, rural and open space character of the corridor;   [PL 1979, c. 459, §1 (NEW).]
H. Overcrowding;   [PL 1979, c. 459, §1 (NEW).]
I. Excessive noise;   [PL 1979, c. 459, §1 (NEW).]
J. Obstructions to navigation; or   [PL 1979, c. 459, §1 (NEW).]
K. Interference with the educational, scenic, scientific, historic or archaeological values of those areas designated and approved for inclusion within the Resource Protection District.   [PL 1979, c. 459, §1 (NEW).]
The burden of proof shall be upon the applicant to show entitlement to a permit under this section, but if the applicant makes the requisite showing, a permit shall be issued by the commission.
[PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §959-B. Permits with conditions

§959-B. Permits with conditions
Permits granted under this chapter may be made subject to such reasonable conditions concerning setback, location, spacing, size of structure or development, type of construction, time of completion, landscaping, retention of trees, screening, reclamation, erosion control, noise level, quantity and quality of discharge, sewage disposal and manner and method of operation, as the commission deems necessary to avoid the dangers enumerated in section 959‑A. For the purpose of enforcement, permits issued by the commission and conditions thereof shall be considered as orders of the commission.   [PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §960. District boundary maps

§960. District boundary maps
Maps showing district boundaries within the Saco River Corridor shall be kept in the office of the commission and the maps or conformed copies of them shall be available for public inspection during normal business hours. Copies of those portions of such maps including the area of each municipality shall be furnished by the commission to the municipal officers thereof and shall be available for public inspection at the office of the town clerk or at the town office.   [PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §961. Relation to municipal, state and federal regulations

§961. Relation to municipal, state and federal regulations
Nothing in this chapter prevents municipal, state or federal authorities from adopting and administering more stringent requirements regarding performance standards or permitted uses within use districts established by the commission or within districts overlapping the districts established pursuant to this chapter. Where there is a conflict between a provision adopted under this chapter and any other municipal, state or federal requirement applicable to the same land or water areas within the corridor, the more restrictive provision takes precedence. All performance standards, rules and regulations proposed for hearing by the commission must be submitted to the Commissioner of Environmental Protection, the Department of Agriculture, Conservation and Forestry, the Greater Portland Council of Governments and the Southern Maine Regional Planning Commission at least 7 days prior to the hearing for review and comment. The commission may not adopt any rule establishing air or water quality standards within the corridor in conflict with the rules of the Department of Environmental Protection without the prior approval of the Board of Environmental Protection.   [PL 2011, c. 655, Pt. JJ, §37 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1989, c. 890, §§A40,B204 (AMD). PL 2011, c. 655, Pt. JJ, §37 (AMD). PL 2011, c. 655, Pt. JJ, §41 (AFF). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §962-A. Additional performance standards

§962-A. Additional performance standards
The commission, after notice and public hearing, may establish such additional performance standards as it deems necessary to carry out the purposes of this chapter, provided that such standards are consistent with the standards established in section 962.   [PL 1977, c. 459, §1 (NEW).]
1.  Standards.
In establishing additional performance standards under this section for any permitted use, the commission shall endeavor to develop standards which will assure that the uses under consideration will be located on suitable soils and will not result in unreasonable:
A. Degradation of air and water quality;   [PL 1979, c. 459, §1 (NEW).]
B. Harmful alteration of wetlands;   [PL 1979, c. 459, §1 (NEW).]
C. Increase in erosion or sedimentation;   [PL 1979, c. 459, §1 (NEW).]
D. Obstruction of flood flow;   [PL 1979, c. 459, §1 (NEW).]
E. Destruction of fish and wildlife habitat;   [PL 1979, c. 459, §1 (NEW).]
F. Despoliation of the scenic, rural and open space character of the corridor;   [PL 1979, c. 459, §1 (NEW).]
G. Overuse of the rivers for recreation;   [PL 1979, c. 459, §1 (NEW).]
H. Overcrowding;   [PL 1979, c. 459, §1 (NEW).]
I. Excessive noise;   [PL 1979, c. 459, §1 (NEW).]
J. Obstruction to navigation; or   [PL 1979, c. 459, §1 (NEW).]
K. Interference with the educational, scenic, historic or archaeological values of those areas designated and approved for inclusion within the Resource Protection District.   [PL 1979, c. 459, §1 (NEW).]
[PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §962-B. Amendments to district boundaries and performance standards

§962-B. Amendments to district boundaries and performance standards
The commission may initiate, and any municipal agency, an organization qualified under section 966‑A or any property owner or lessee may petition for a change in the boundary of any land use district or for amendments to any additional performance standard adopted pursuant to section 962‑A.   [PL 1979, c. 459, §1 (NEW).]
No change in a district boundary shall be approved unless substantial evidence shows that the area is better suited for uses other than those permitted in the district in which it is situated, or changes in conditions have made the present classification unreasonable.   [PL 1979, c. 459, §1 (NEW).]
No amendment to performance standards shall be approved unless substantial evidence shows that:   [PL 1979, c. 459, §1 (NEW).]
1.  Conditions not in evidence.
Conditions exist which were not evident when the performance standard was adopted;
[PL 1979, c. 459, §1 (NEW).]
2.  Purpose not served.
The performance standard does not serve the purpose of this chapter; or
[PL 1979, c. 459, §1 (NEW).]
3.  Amendment preferable.
The amendment would better fulfill the purpose of this chapter.
[PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §963. Variance from performance standards

§963. Variance from performance standards
1.  Variance.
A relaxation of the performance standards enacted by this chapter or adopted pursuant thereto may be granted by the commission, after notice and public hearing, upon a finding by the commission that the following provisions are met:
A. Application of the performance standard to the land or water area in question will result in undue hardship to the applicant, except that hardship may not be construed to include hardship:
(1) Attributable to any act, course of conduct or failure to act of the applicant or the applicant's predecessor in interest beginning with the owner of record on the effective date of this chapter or of a performance standard adopted pursuant to this chapter from which a variance is sought; or
(2) That is not unique to the petitioner's land;   [PL 2023, c. 405, Pt. A, §140 (AMD).]
B. The variance, if granted, will not subvert the intent of this chapter as stated in section 951 or as manifested in the standards from which a variance is sought; and   [PL 1979, c. 459, §1 (NEW).]
C. The proposed use, if a variance is granted, will not unreasonably interfere with the use and enjoyment of their lands by adjacent landowners, or result in any unreasonable:
(1) Degradation of air and water quality;
(2) Harmful alteration of wetlands;
(3) Increase in erosion or sedimentation;
(4) Danger of increased flood damage;
(5) Obstruction of flood flow;
(6) Damage to fish and wildlife habitat;
(7) Despoliation of the scenic, rural and open space character of the corridor;
(8) Overcrowding;
(9) Excessive noise;
(10) Obstructions to navigation; or
(11) Interference with the educational, scenic, scientific, historic or archaeological values of those areas designated and approved for inclusion within the Resource Protection District.   [PL 1979, c. 459, §1 (NEW).]
No variance shall be granted because of other nonconforming uses within a district or because of similar uses in an adjoining district. The burden of proof shall be on the applicant to show entitlement to a variance under this section. The owner of a building lot of record which is wholly within the corridor on March 19, 1974, shall be entitled to a variance for a single family residence which may be granted by the commission without public hearing. Any variance granted by the commission may be granted subject to such reasonable conditions concerning matters enumerated in section 959‑B as the commission finds necessary to avoid the dangers enumerated in section 957‑D. For the purposes of enforcement, variances granted hereunder and the conditions thereto shall be treated as orders of the commission.
[PL 2023, c. 405, Pt. A, §140 (AMD).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). RR 2021, c. 2, Pt. B, §259 (COR). PL 2023, c. 405, Pt. A, §140 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §963-A. Special use variance

§963-A. Special use variance
1.  No variance where prohibited.
No variance shall be granted in order to permit a use within a district in which such use is expressly prohibited, except in accordance with this section. A special use variance may be granted, after notice and public hearing, to permit a single family dwelling within the Resource Protection District upon a finding by the commission that the grant of such a special use variance is necessary to avoid undue hardship to the applicant, provided that hardship shall not be construed to include:
A. Any hardship attributable to any act, course of conduct or failure to act of the applicant or the applicant's predecessor in interest, beginning with the owner of record on March 19, 1974; or   [RR 2021, c. 2, Pt. B, §260 (COR).]
B. Any hardship that is not unique to the petitioner's land.   [PL 1979, c. 459, §1 (NEW).]
A special use variance under this section may be granted by the commission only in cases where such a variance is necessary to avoid a deprivation of property in violation of the Constitution of Maine, Article I, Section 6, a taking of private property without compensation in violation of the Constitution of Maine, Article I, Section 21, a violation of due process clause of the 14th Amendment of the Constitution of the United States, or a violation of other applicable state or federal constitutional provisions.
The owner of a building lot of record which is wholly within the corridor on March 19, 1974, shall be entitled to a variance for a single family residence which may be granted by the commission without public hearing. Any variance granted by the commission may be granted subject to such reasonable conditions concerning matters enumerated in section 959‑B as the commission finds necessary to avoid the dangers enumerated in section 957‑D. For purposes of enforcement, special use variances granted hereunder and the conditions thereto shall be treated as orders of the commission.
[RR 2021, c. 2, Pt. B, §260 (COR).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). RR 2021, c. 2, Pt. B, §260 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §964. Certificate of compliance

§964. Certificate of compliance
It shall be unlawful to use or occupy, or permit the use or occupancy of, any land, structure or part of any land or structure created, erected, changed, converted or wholly or partly altered or enlarged in its use or structural form, which use or structure requires a permit under this chapter unless the permit requirements and conditions of approval have been met.   [PL 1985, c. 481, Pt. A, §96 (RPR).]
For the purposes of inspection and to assure compliance with this chapter and any standards, rules and orders issued by the commission pursuant to this chapter, commission members, staff, consultant personnel and designated municipal officials may conduct such investigations, examinations, tests and site evaluations as necessary to verify compliance with any permits or variances issued by the commission.   [PL 1985, c. 481, Pt. A, §96 (RPR).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1985, c. 481, §A96 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §965. Fees

§965. Fees
The commission may establish reasonable fees for permit applications, variance applications and certificates of compliance. The funds derived from the collection of such fees shall be retained by the commission. The commission may also establish a reasonable schedule of fees for providing copies of this chapter, maps of district boundaries, the comprehensive plan, copies of rules and regulations, performance standards, official publications or other materials which may be requested by the public. The fees for any such materials shall be retained by the commission and used to defray the expense of printing, copying, mailing or otherwise providing such materials to the public.   [PL 1983, c. 819, Pt. A, §65 (AMD).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1983, c. 819, §A65 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §966. Parties to proceedings

§966. Parties to proceedings
The parties to any proceeding before the commission may include the applicant, if any, any landowner whose lands will be directly affected by the proposed action of the commission, any landowner whose lands are adjacent to, directly across the river from, or within 500 feet of lands to be directly affected, any municipality or agency thereof whose jurisdiction includes lands or bodies of water to be directly affected and any citizens' group or organization qualified under section 966‑A.   [PL 1979, c. 459, §1 (NEW).]
Nothing in this section may be construed so as to limit the right of any member of the public to appear or be heard at any public hearing of the commission, subject only to such reasonable rules and regulations as the commission may establish.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §205 (AMD).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1989, c. 890, §§A40,B205 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §966-A. Citizens' groups or organizations

§966-A. Citizens' groups or organizations
1.  Participation.
A citizens' group or organization may participate in all hearings held by the commission, request and receive notices, bring judicial proceedings and exercise all other rights of parties to proceedings before the commission, provided that the group or organization is designated as qualified by an order of the commission under this section.
[PL 1979, c. 459, §1 (NEW).]
2.  Organizations qualified.
The commission shall issue an order designating a citizens' group or organization as qualified under this section if it finds that:
A. The group or organization has filed an application showing:
(1) That is has significant and definable interest in the Saco, Ossipee or Little Ossipee Rivers and their adjacent lands; and
(2) That it has at least 50 members in the municipalities whose lands comprise the Saco River Corridor or at least 15 members in a municipality which will be directly affected by a proposed action of the commission.   [PL 1979, c. 459, §1 (NEW).]
[PL 1979, c. 459, §1 (NEW).]
3.  Contents.
Every application for designation as a qualified organization under this section shall contain the name and address of a representative or office for the receipt of notices and other communications and the names and addresses of the organization's officers, directors and members.
[PL 1979, c. 459, §1 (NEW).]
4.  Time period.
The commission may establish a period of time after which qualifications under this section will expire unless renewed, and in such cases shall give notice of the necessity for renewal not less than one month prior to the expiration date.
[PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §967. Enforcement, inspection and penalties for violations

§967. Enforcement, inspection and penalties for violations
1.  Effect of standards, rules and orders.
Standards, rules and orders issued by the commission pursuant to this chapter have the force and effect of law.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Conformance required.
A person may not undertake development except in conformance with this chapter and the standards, rules and orders issued by the commission pursuant to this chapter. Real estate or personal property may not exist or be used in violation of this chapter or the standards, rules and orders issued by the commission pursuant to this chapter.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3.  Ensuring compliance; access.
For the purposes of inspection and to ensure compliance with this chapter and standards, rules and orders issued by the commission pursuant to this chapter, commission members, staff, consultant personnel and designated municipal officials may conduct such investigations, examinations, tests and site evaluations determined necessary to verify information presented to the commission and may obtain access to any lands and structures subject to this chapter.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4.  Violations.
A person who violates a provision of this chapter or of standards, rules and orders issued by the commission pursuant to this chapter commits a civil violation for which a fine of not more than $100 for each day of the violation may be adjudged. In addition, the person's permit, certificate of compliance or variance issued by the commission is subject to revocation.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
5.  Falsification.
A person who intentionally or knowingly falsifies a statement to the commission commits a civil violation for which a fine of not more than $1,000 may be adjudged. In addition, the person's permit, certificate of compliance or variance granted by the commission in reliance on such statement must be revoked.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
6.  Additional remedies.
In addition to enforcing any other penalties provided, either the commission or the Attorney General may institute any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate a violation of this chapter or the standards, rules and orders issued by the commission pursuant to this chapter.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
7.  Commission's status.
Subject to written approval of the Attorney General as provided in Title 5, section 191 and within the limits of the commission's budget, the commission may retain private counsel for the conduct of commission meetings and hearings and advice on other legal matters.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 2003, c. 452, §W8 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §968. Appeals to Superior Court

§968. Appeals to Superior Court
Except where otherwise specified by statute, any party or person aggrieved by any order or decision of the commission, in regard to any matter upon which there was a hearing before the commission and of which a record of said hearing is available, may, within 30 days after notice of the filing of such order or decision, appeal therefrom to the Superior Court by filing a notice of appeal stating the points of appeal. Notice of the appeal shall be ordered by the court without a jury in the manner and with the rights provided by law in other civil actions so heard. The proceedings shall not be de novo. The court shall receive into evidence true copies of the transcript of the hearing, the exhibits thereto and the decision of the commission. The court's review shall be limited to questions of law and to whether the commission acted regularly and within the scope of its authority and the commission's decision shall be final so long as supported by substantial evidence. The court may affirm, reverse or remand the commission's decision for further proceedings. Appeals from all other orders or decisions of the commission, unless otherwise specified by statute, shall be taken pursuant to the Maine Rules of Civil Procedure, Rule 80B.   [PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 7: FLOATING TIMBER › 38 §971. Conversion

§971. Conversion
A person who takes, carries away or otherwise converts to that person's own use, without the consent of the owner, any log suitable to be sawed or cut into the boards, clapboards, shingles, joists or other lumber, or any mast or spar the property of another, whether the owner is known or unknown, lying in any river, pond, bay, stream or inlet, or on or near the bank or shore thereof, or cuts out, alters or destroys any mark made thereon, without the consent of the owner and with intent to claim the same, forfeits for every such log, mast or spar, $20, to be recovered on complaint; 1/2 for the State and 1/2 for the complainant.   [RR 2021, c. 2, Pt. B, §261 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §261 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 7: FLOATING TIMBER › 38 §972. Conversion as larceny (REPEALED)

§972. Conversion as larceny
(REPEALED)
SECTION HISTORY
PL 2003, c. 452, §W9 (RP). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 7: FLOATING TIMBER › 38 §973. Presumptions; double damages

§973. Presumptions; double damages
In prosecutions under section 971 if a log, mast or spar is found in the possession of the accused partly destroyed, partly sawed or manufactured, or with the marks cut out or altered, not being that person's property, it is presumptive evidence of that person's guilt. The burden of proof is then on that person. Whoever is guilty of the offense described in section 971 is liable to the owner, in a civil action, for double the value of the log, mast or spar so dealt with.   [RR 2003, c. 2, §118 (COR).]
SECTION HISTORY
RR 2003, c. 2, §118 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 7: FLOATING TIMBER › 38 §974. Right of owner to search for lost logs

§974. Right of owner to search for lost logs
The owner of logs, masts or spars referred to in section 971 or the owner's agent may at any time enter in a peaceable manner upon any mill, mill-brow, boom or raft of logs or other timber in search of that lost property. Whoever willfully prevents or obstructs a search for that lost property forfeits for each offense not less than $20 nor more than $50, to the person by whom or on whose account the entry was claimed, to be recovered in a civil action.   [PL 2023, c. 405, Pt. A, §141 (AMD).]
SECTION HISTORY
PL 2023, c. 405, Pt. A, §141 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 7: FLOATING TIMBER › 38 §975. Intermixed logs and timber; lien for expenses; libel

§975. Intermixed logs and timber; lien for expenses; libel
A person whose timber in any waters of the State is so intermixed with the logs, masts or spars of another that it cannot be conveniently separated for the purpose of being floated to the market or place of manufacture may drive all timber with which the person's own is so intermixed toward such market or place, when no special and different provision is made by law for driving it; and is entitled to a reasonable compensation from the owner, to be recovered after demand therefor on the owner or agent, if known, in a civil action. The person authorized to drive the timber under this section has a prior lien thereon until 30 days after it arrives at its place of destination to enable the person authorized to drive the timber under this section to attach it. If the owner cannot be ascertained, the property may be libeled according to law and enough of it disposed of to defray the expenses thereof, the amount to be determined by the court hearing the libel.   [RR 2021, c. 2, Pt. B, §262 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §262 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 7: FLOATING TIMBER › 38 §976. Logs or timber lodged on banks; forfeiture; advertisement

§976. Logs or timber lodged on banks; forfeiture; advertisement
Logs or other timber carried by freshets or otherwise lodged upon lands adjoining any waters are forfeited to the owner or occupant thereof, after they have so remained for 2 years, if such lands during that time were improved; otherwise, after 6 years; provided such owner or occupant, within one year after the same were found so lodged, advertises, as nearly as practicable, the number of pieces of timber, the time when lodged, together with the marks thereon and the place where found, 3 weeks successively in some newspaper in the county, if any, otherwise in the state paper.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 7: FLOATING TIMBER › 38 §977. Owner may remove on tender of damages; damages for landowner

§977. Owner may remove on tender of damages; damages for landowner
The owner of said timber may enter on said land and remove it at any time before forfeiture, having previously tendered to the owner or occupant thereof a reasonable compensation for all damages occasioned by the lodging, remaining or removal of said timber and the expense of advertising it; but if the timber is removed by the owner, or otherwise, without such tender, the owner of the land may recover, in a civil action, the damages aforesaid.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 7: FLOATING TIMBER › 38 §978. Conversion of railroad sleepers, ship knees or cedar lumber; double damages

§978. Conversion of railroad sleepers, ship knees or cedar lumber; double damages
A person who willfully and fraudulently takes, carries away or otherwise converts to that person's own use any railroad sleeper, knee or other ship timber or cedar for shingles or other purposes, the property of another, whether known or not, without the owner's consent, lying in any river, stream, pond, bay or inlet, or on or near the shore thereof; or cuts out, alters or destroys any mark thereon, forfeits $10 for each offense, to be recovered and appropriated as provided in section 971; and is liable to the owner in double the amount thereof in a civil action. Such owner has all the rights and is subject to all the liabilities provided for the owner of logs, masts and spars in sections 973 to 979.   [RR 2021, c. 2, Pt. B, §263 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §263 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 7: FLOATING TIMBER › 38 §979. Saco River or tributaries

§979. Saco River or tributaries
If any boom on the Saco River, or any of the waters connected therewith, is so placed or constructed as to prevent the free and usual passage of timber down the river, the owner or occupant thereof, at the owner's or occupant's own expense, shall release and turn out the timber so detained, when requested to do so by the owner thereof, if it can be done with safety. If, for 2 days after request, the owner or occupant of the boom neglects or refuses to do so, the owner or occupant of the boom is liable to the owner of the timber in a civil action for all damages sustained by the owner of the timer.   [RR 2021, c. 2, Pt. B, §264 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §264 (COR).