Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 53 - SUBMERGED LANDS RULES › Section 670-53-1.4 - DEFINITIONS

Current through 2024-29, July 17, 2024
For purposes of these Rules, the following definitions shall
				  apply:
A.
Bureau
"Bureau" means the Maine State Department of Agriculture,
				  Conservation and Forestry, Bureau of Parks and Lands.
B.
Commercial Fisherman
"Commercial fisherman" means a person whose livelihood
				  depends upon the harvesting of shellfish, finfish or other natural, renewable
				  products of the sea, including those products produced by aquaculture.
C.
Commercial Fishing
"Commercial fishing" means any activity involving the
				  landing or processing of shellfish, finfish or other natural, renewable
				  products of the sea, or other activities, including aquaculture, directly
				  related to landing or processing shellfish, finfish or natural sea products and
				  loading or selling these products. Commercial fishing also includes facilities
				  which are directly involved in commercial fishing activities, including but not
				  limited to, fish piers, lobster impoundments, fish processing facilities, fuel
				  and ice facilities, berthing for fishing boats, and floats or piers for the
				  storage of gear.
D.
Commercial Marine Activities
"Commercial marine activities" means water-dependent
				  commerce and industry.
E.
Complete Application
"Complete application" means an application for a Submerged
				  Lands lease or easement for which all application processing fees have been
				  paid and for which all information required of the applicant and necessary for
				  the determination of preliminary findings has been submitted. Information
				  required of the applicant shall include, but not be limited to sufficient proof
				  of right, title or interest in adjacent shoreland property, a description of
				  the proposed project, and a site plan of sufficient detail to allow accurate
				  determination of the area of Submerged Lands to be occupied by the
				  project.
F.
Conveyance
"Conveyance" means a lease or easement issued by the Bureau
				  conveying a right to limited use of Submerged Lands for some specific and
				  defined purpose for a fixed period of time.
G.
Director
"Director" means the Director of the Bureau.
H.
Fill
"Fill" means the placement of solid material other than
				  pilings or other open support structures upon Submerged Lands.
I.
Littoral Zone
"Littoral zone" means the area of Submerged Lands adjacent
				  to shoreland property within which the property owner may request permission
				  for a lease or easement, subject to review by the State and in accordance with
				  applicable laws and rules.
J.
Mean Low Water
"Mean Low Water" means the arithmetic mean of the low water
				  heights observed over a specific 19-year metronic cycle (National Tidal Datum
				  Epoch) as defined by the National Oceanic and Atmospheric Administration. For
				  purposes of these Rules, an approximation of mean-low water made by observation
				  of low tide during a 0.00 foot tide will generally be sufficient.
K.
Natural Low Water Mark of
				Great Ponds
For unimpounded lakes, the "natural low-water mark" is the
				  average low-water mark as estimated over a 5-year period. For impounded lakes,
				  "the natural low-water mark" is the estimated low-water mark of the lake in an
				  unimpounded state.
L.
Non-Permanent
"Non-permanent" means uses which occupy Submerged Lands for
				  less than seven months in any one calendar year.
M.
Permanent
"Permanent" means uses which occupy Submerged Lands during
				  seven or more months in any one calendar year.
N.
Pipelines, cables and Similar linear
				structures
"Pipelines, cables and similar linear structures" means any
				  structure that is less than one foot (12 inches) in total width.
O.
Port Facility
"Port facility" means structures necessary for water borne
				  commerce which are used for the purposes of loading and unloading cargo or
				  passengers.
P.
Public
				Access Way
"Public access way" means an area or strip of land used for
				  passage by the general public to Submerged Lands. The Bureau recognizes that
				  such access ways can be established by a variety of legal means, including but
				  not limited to custom, prescription, implied dedication, acquiescence, laying
				  out and acceptance, dedication and acceptance, purchase or gift, or tax
				  acquired property.
Q.
Public Trust Rights
For the purpose of determining specific uses of publicly
				  owned Submerged Lands which may take place without the need for a lease or
				  easement, "Public trust rights" means transitory fishing, fowling, recreation,
				  navigation and other customary or traditional uses whereby the public may use
				  or enjoy the waters, Submerged Lands, and associated natural resources of the
				  State of Maine. This definition should not be construed to be a complete
				  definition of "Public trust rights" nor is it meant to be used for any other
				  purpose than that stated herein.
R.
Slip Space
"Slip space" means the area adjacent to a pier or float that
				  is used for berthing a boat. For purposes of computing the area of a Submerged
				  Lands lease, slip space shall include the finger floats which are immediately
				  adjacent to the berthing area and are used solely for access to and from
				  berthed vessels. Slip space does not include principal piers or floats which
				  provide access to finger floats. If no finger floats are present and vessels
				  berth adjacent to a principal pier or a general service area, only the space
				  occupied by the vessel is considered slip space.
S.
Structure
"Structure" means any object built or placed upon Submerged
				  Lands.
T.
Submerged
				Lands
"Submerged Lands" means:
1. All land seaward from the mean low-water
				mark or a maximum of 1,650 feet seaward of the mean high-water mark, whichever
				is closer to the mean high-water mark, out to the 3-mile territorial State
				marine boundary.
2. All land below
				the mean low-water mark of tidal rivers and streams up to the farthest natural
				reaches of the tides;
3. All land
				below the natural low-water mark of ponds which in their natural state are 10
				or more acres in size; and
4. The
				river bed of international boundary rivers out to the international boundary
				line, including segments of the St. John, St. Francis and St. Croix Rivers. The
				bed is defined as land lying between defined banks, created by the action of
				surface water and characterized by a lack of terrestrial vegetation and devoid
				of topsoil.