2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-B: PERMITS FOR HYDROPOWER PROJECTS › 38 §634. Permit requirements

§634. Permit requirements
1.  Coordinated permit review.
Permits required under the following laws are not required by any state agency for projects reviewed or exempted from review under this subarticle: natural resource protection laws, chapter 3, subchapter I, article 5‑A; site location of development laws, chapter 3, subchapter I, article 6; and land use regulation laws, Title 12, chapter 206‑A. Notwithstanding section 654, the department may attach reasonable conditions consistent with this subarticle concerning the operation of hydropower projects. The commissioner shall give written notice to the Commissioner of Inland Fisheries and Wildlife and the Commissioner of Marine Resources of the intent of any applicant for a permit to construct a dam.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §183 (AMD).]
2.  Application.
An application for a permit required by section 633 must be made on forms provided by the commissioner and filed with the commissioner. Public notice of the filing must be made as required by the board.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §183 (AMD).]
3.  Application review.
Within 10 working days of receiving a completed application, the commissioner shall notify the applicant of the official date on which the application was accepted.
The commissioner shall circulate the application among the Department of Environmental Protection, Department of Agriculture, Conservation and Forestry, Department of Inland Fisheries and Wildlife, Department of Marine Resources, Department of Transportation, Maine Historic Preservation Commission, Governor's Energy Office, Public Utilities Commission and the municipal officials of the municipality in which the project is located. The Governor's Energy Office and the Public Utilities Commission shall submit written comments on section 636, subsection 7, paragraph F. For projects within the jurisdiction of the Maine Land Use Planning Commission, the director may request and obtain technical assistance and recommendations from the staff of the department. The Commissioner of Environmental Protection shall respond to the requests in a timely manner. The recommendations of the Commissioner of Environmental Protection must be considered by the commission in acting upon a project application.
[PL 2011, c. 655, Pt. MM, §21 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF); PL 2011, c. 657, Pt. W, §5 (REV); PL 2011, c. 682, §38 (REV).]
4.  Dam removal.
A person intending to file an application for a permit to remove an existing dam must attend a preapplication meeting with the department and must hold a public informational meeting prior to filing the application. The preapplication meeting and the public informational meeting must be held in accordance with the department's rules on the processing of applications.
[PL 2003, c. 134, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 458, §18 (NEW). PL 1985, c. 772, §2 (AMD). PL 1989, c. 309, §3 (AMD). PL 1989, c. 501, §DD46 (AMD). PL 1989, c. 890, §§A40,B183 (AMD). PL 2003, c. 134, §2 (AMD). PL 2011, c. 655, Pt. MM, §21 (AMD). PL 2011, c. 655, Pt. MM, §26 (AFF). PL 2011, c. 657, Pt. W, §5 (REV). PL 2011, c. 682, §38 (REV).