reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 10 - RULES FOR SNOWMOBILE DISASTER RELIEF GRANT-IN-AID PROGRAM › Subchapter 1 - DISASTER RELIEF GRANT-IN-AID PROGRAM › Section 670-10-1-11 - LIABILITY AND INDEMNIFICATION

Current through 2024-29, July 17, 2024
Upon request by the State, the applicant shall indemnify,
					 defend, save and hold the State and its employees harmless from and against any
					 claims, losses, liabilities, costs, expenses, damages or other obligations of
					 any nature in any way arising out of or in connection with the use, occupation,
					 construction, development, repair or maintenance of any property, facilities or
					 .equipment used in connection with the facilities funded under this Agreement.
					 Upon request of the State, the Applicant shall, at its own cost and expense,
					 provide and keep in force comprehensive general public liability insurance
					 against claims for personal injury, death or property damage occurring on, in
					 or about any property or facilities funded under or used in connection with
					 this Agreement, or respecting the use of any vehicle or equipment used in
					 connection therewith. Any such insurance shall be in an amount, form and
					 content determined from time to time by the State, shall include the State as a
					 named insured at the State's request, and shall be carried by responsible
					 companies satisfactory to the State. The State may at any time inspect any
					 facilities or equipment used in connection with this Agreement.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.1 - Definitions

Current through 2024-29, July 17, 2024
"Public Lands" shall include the Public Reserved Lands of
				  the State and all other lands under the jurisdiction, and control of the former
				  Bureau of Public Lands. "Bureau" shall mean the Bureau of Parks and Lands
				  within the Department of Agriculture, Conservation and
				  Forestry.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.2 - Camping

Current through 2024-29, July 17, 2024
No person shall camp, stay overnight or maintain any tent,
				  camper, shelter, trailer or other camping unit on any public lands for more
				  than fourteen days in any 45 day period, without the prior written permission
				  of the Bureau.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.3 - Fires

Current through 2024-29, July 17, 2024
Unless ground is snow covered no person shall build or
				  maintain an open fire including charcoal on public lands except (i) at a
				  campsite duly authorized and designated for open fires or (ii) where a permit
				  has been obtained for such fire from the Maine Bureau of Forestry. For visitor
				  safety and resource protection, open fires must be attended. Campstoves fueled
				  with sterno, propane, kerosene, etc. are allowed in any safe location. Charcoal
				  fires, off the ground, attended and used in proper cooking containers, which
				  will not leave a disposable residue or ash on the ground, are permitted on
				  structurally improved leased lots. On islands in tidal areas, all fires shall
				  be built below the mean high tide line.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.4 - Litter

Current through 2024-29, July 17, 2024
In accordance with State law that prohibits littering, trash
				  which cannot be burned in accordance with Section 1.3 F ires, must be carried
				  out. Plastic and other tarps such as shelters shall be
				  removed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.5 - Disturbances

Current through 2024-29, July 17, 2024
All persons camping on public lands will conduct themselves
				  in a manner which does not impair the reasonable use and enjoyment of public
				  lands by others. In consideration of other visitors and wildlife, pets in
				  campsites must be kept leashed, and shall not be left unattended; outside of
				  campsites, pets must be kept under control. To maintain reasonable quiet, the
				  use of chain saws, generators, and other power equipment is prohibited within
				  and around campsites.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.6 - Property

Current through 2024-29, July 17, 2024
No person shall deface, paint, damage or mutilate any
				  structure, natural feature, tree or marker, on any public lands. Dead and down
				  wood only may be used for campfires. No living trees shall be cut without the
				  Bureau's prior written permission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.7 - Abandoned Property

Current through 2024-29, July 17, 2024
Any boat, tent, shelter or other personal property (or
				  structure or fixture) which is left unattended on any public land for more than
				  three consecutive days without prior written authorization from the Bureau
				  shall be deemed to have been abandoned, and the Bureau may take custody of such
				  property and dispose of the same in accordance with the law. For purposes of
				  this regulation, personal property shall be deemed to be "unattended" unless it
				  is actually personally used.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.8 - Closed Areas

Current through 2024-29, July 17, 2024
During periods determined by the Bureau to be critical for
				  forest fire danger or other condition, any portion of the public lands may be
				  closed to the public at the discretion of the Bureau and no person shall enter
				  or remain in said closed area except agents of the Bureau, law enforcement
				  personnel in the line of duty and others authorized by the Bureau in writing.
				  In making a determination to close any portion of the public lands because of a
				  forest fire danger, the Bureau will consult with the Bureau of
				  Forestry.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.10 - Enforcement

Current through 2024-29, July 17, 2024
These regulations may be enforced by any law enforcement
				  officer. These regulations shall constitute written authorization to the
				  appropriate agencies of the State and its political subdivisions to enforce the
				  provisions of Title 12, M.R.S.A. §556
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.11 - Authorized Storage

Current through 2024-29, July 17, 2024
Storage of private property on public lands is authorized
				  only by special use permit issued by the Bureau. Unauthorized stored property
				  shall be confiscated or destroyed.
Permits for storage will be subject to an annual fee (based
				  upon the estimated cost of disposing such property). Permittees will be liable
				  for the removal of their property upon request of the Bureau. Failure to remove
				  such property within thirty (30) days of notice will result in the forfeit of
				  said property and payment of a $50 penalty.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.12 - Firearms

Current through 2024-29, July 17, 2024
Except for persons holding a valid Maine concealed weapons
				  permit, loaded firearms are not permitted in campsites, on marked hiking
				  trails, or at boat launches and picnic sites, and should not be discharged
				  within 300 feet of such areas.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.13 - Vehicular Use

Current through 2024-29, July 17, 2024
Vehicles shall use only designated public access roads.
				  Parked vehicles shall not block any road (including closed side roads).
Off-road travel by wheeled vehicles of any sort is
				  prohibited. Except as specified by the Bureau, all-terrain vehicles (ATVs) are
				  not permitted on public lands.
Snowmobiles are permitted to traverse public lands, but may
				  not travel on plowed roads, marked cross-country ski trails, and other areas so
				  designated.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 51 - USE OF "PUBLIC LANDS" › Section 670-51-1.14 - Preserves

Current through 2024-29, July 17, 2024
To preserve Critical Areas, Forest Preserves, Cultural
				  Resources and other designated sites for educational and scientific purposes,
				  such areas and objects are to be left undisturbed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 52 - "COASTAL ISLAND REGISTRY" REGULATIONS › Section 670-52-2.1 - Presentation of Claims

Current through 2024-29, July 17, 2024
A.
Who Shall
				Register
1. Each true owner of a free
				hold estate in a coastal island must register that interest with the Coastal
				Island Registry. Freehold estates include fee simple estates, fee tail estates,
				and life estates.
2. A common and
				undivided ownership may be registered by one true owner on behalf of all true
				owners of that estate. The name of each true owner must appear on the
				registration form and the source of title for each true owner must appear on
				the form.
3. A true owner may
				designate an authorized representative to register on behalf of the true owner.
				An authorized representative includes an attorney at law, an attorney in fact,
				the administrator or executor of an estate, the guardian ad litem of a minor or
				an incompetent person, an agent having written authorization of the owner, and
				any individual who can demonstrate to the satisfaction of the Registry his/her
				authority to act.
4. A true owner
				of a coastal island which is also owned in part by the State of Maine or United
				States of America shall register that portion owned by said true
				owner.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 52 - "COASTAL ISLAND REGISTRY" REGULATIONS › Section 670-52-2.2 - Late Registration

Current through 2024-29, July 17, 2024
A. Registrations
				received after December 31, 1975, shall be accepted if they contain the
				required information and $10 registration fee.
B. A list of true owners and authorized
				representatives of true owners who registered after December 31, 1975, shall be
				compiled and referred to the Office of the Attorney General for collection of
				the $50 late penalty.
C. The
				collection of non-payment of the late penalty shall not affect the validity of
				the registration.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 52 - "COASTAL ISLAND REGISTRY" REGULATIONS › Section 670-52-2.3 - Review of Registered Claims

Current through 2024-29, July 17, 2024
A. Review of title
				source for registered coastal islands shall be conducted by order of priority
				as determined by the Director of the Bureau of Parks and Lands or the
				Director's designate.
B. The
				Director or the Director's designate shall send notice of the defect(s) in
				title claim by certified mail to registrants whose claims are initially
				determined to be not valid.
C. The
				registrant shall have thirty (30) days from the receipt of the letter of notice
				of defect to present the Director or the Director's designate with a response.
				The response shall contain any further written evidence which the registrant
				wishes to produce including but not limited to unrecorded deeds, affidavits,
				letters, family papers or other authenticated writings to correct the defect in
				his title claim, or a statement of reasons why such evidence cannot be produced
				within the thirty (30) day period. The Director or the Director's designate may
				extend the period allowed for presenting further evidence upon the showing of
				just reason for delay.
D. Written
				evidence produced by the registrant will be reviewed by the Director of the
				Bureau of Parks and Lands or the Director's designate to determine whether such
				evidence establishes valid legal title to the island property claimed in the
				registration form.
E. The Director
				after consultation with the Attorney General shall rule as to the validity of
				the title claimed. Notice of the ruling shall be made by certified mail to the
				registrant within thirty (30) days of the receipt of the additional evidence by
				the Coastal Island Registry.
F.
				Rulings adverse to the claim made by the registrant may be appealed in
				accordance with Rule 80B of the
Maine Rules of Civil
				Procedure.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 52 - "COASTAL ISLAND REGISTRY" REGULATIONS › Section 670-52-2.4 - Fraudulent Registration

Current through 2024-29, July 17, 2024
Registrations which are suspected to be products of fraud
				  shall be referred by the Registry to the Office of the Attorney General for
				  appropriate action.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 52 - "COASTAL ISLAND REGISTRY" REGULATIONS › Section 670-52-2.5 - Unregistered Coastal Islands

Current through 2024-29, July 17, 2024
A. A list of all
				unregistered islands by island name (if known) and by number (as given on the
				Maine Coastal Island Registry maps located in each coastal county Registry of
				Deeds and at the Bureau of Parks and Lands in Augusta) shall be posted in the
				Registry of Deeds in each county, and shall appear once a week for three (3)
				consecutive weeks in the State paper, in two newspapers of general circulation
				within the State, and in a newspaper in each coastal county as required by
				Title 12 M.R.S.A. §1206 (4).
B. Notice of failure to register shall be
				sent to those true owners whose identity may reasonably be ascertained by the
				following means:
1. The tax rolls of coastal
				municipalities
2. Information given
				by other registrants for the same island on their registration form
3. Reference to possible true owners in
				letters of correspondence to the Registry, including letters of request for
				registration forms or island information
4. Other reasonable means by which a possible
				true owner might come to the attention of the Registry.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 53 - SUBMERGED LANDS RULES › Section 670-53-1.1 - AUTHORITY

Current through 2024-29, July 17, 2024
These Rules are established in accordance with the
Submerged Lands Act
-
				   12 MRSA
				  §1801, §
									1803
				  and §
									1862
				  and the
Administrative Procedure Act
-
				   5 MRSA
				  §8051 to §
									8060.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 53 - SUBMERGED LANDS RULES › Section 670-53-1.2 - PURPOSES

Current through 2024-29, July 17, 2024
The purposes of these Rules are to ensure a consistent and
				  standard approach to the management of the Submerged Lands of Maine; to protect
				  customary and traditional public access ways to, and public trust rights in, on
				  or over the Submerged Lands and the waters above those lands; to protect
				  fishing and other existing marine uses of the Submerged Lands; to protect
				  ingress and egress of riparian owners; to balance competing uses in, on or over
				  Submerged Lands; and to provide procedures for the issuance of conveyances for
				  use of Submerged Lands.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 53 - SUBMERGED LANDS RULES › Section 670-53-1.3 - APPLICABILITY

Current through 2024-29, July 17, 2024
These Rules apply to all Submerged Lands of the State of
				  Maine (herein defined).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 53 - SUBMERGED LANDS RULES › Section 670-53-1.5 - USES REQUIRING A CONVEYANCE

Current through 2024-29, July 17, 2024
A.
Uses
All uses of Submerged Lands require a conveyance from the
				  Bureau with the following exceptions.
B.
Exceptions
1. Exercise by the public of non-exclusive
				public trust rights.
2.
				Non-Permanent Structures only as follows:
a.
				Water-Dependent uses which in total area occupy less than 500 square feet of
				Submerged Lands.
b. Commercial
				fishing uses which in total area occupy less than 2,000 square feet of
				Submerged Lands.
3.
				Activities and structures covered under aquaculture leases, as defined and
				regulated by the Maine Department of Marine Resources, under 12 MRSA
				§6072.
4.
Maine
				Department of Transportation (DOT) Bridges
Bridges built on state and state-aid highways and railroad
				  bridges under the DOT's jurisdiction within the State of Maine, records for
				  which are on file with the DOT. This exception is subject to the following
				  terms and conditions:
a. That the
				Submerged Lands be used for state public transportation purposes
				only.
b. That at such time as the
				DOT develops plans for a new transportation project involving a bridge over
				Submerged Lands, the DOT shall provide the Bureau with a copy of said plans at
				the same time as said plans are submitted to the Department of Environmental
				Protection for review and comment. The Bureau shall have 30 days from receipt
				of such plans to object to the DOT.
c. Any plan objected to under term and
				condition b. above shall not be exempted by these Rules until such time as the
				DOT and the Bureau have resolved such objections to their mutual satisfaction
				.
5.
Harbor
				Improvement by the Federal Government
6.
Moorings
7.
Single-Family Residential Water
				Intake Pipes
8. Those
				portions of the Submerged Lands which have been filled in prior to October 1,
				1975, as defined in 12 MRSA §1865, and subject to the conditions
				therein.
9. Cables, bridges or
				other structures which are suspended above the surface of the water at a
				sufficient height so that they do not interfere with navigation of vessels that
				would ordinarily use that body of water. This includes cables which comply with
				Chapter 91 of the Public Utilities Commission rules for safety of overhead
				utility lines. The base of supporting structures such as towers and abutments
				are not exempt from the requirement for a lease or easement, but shall be
				considered water-dependent uses.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 53 - SUBMERGED LANDS RULES › Section 670-53-1.6 - CONVEYANCES

Current through 2024-29, July 17, 2024
Conveyances are required to dredge, fill, or erect any
				  structure or for any use not specifically exempted under Section
				  1.5 of these Rules.
A.
Types
1. Easements may be granted for:
a. Permanent structures, permanent structures
				and associated non-permanent structures, or fill that in total area occupy less
				than 500 square feet of Submerged Lands.
b. Permanent structures, permanent structures
				and associated non-permanent structures, or fill that in total area occupy less
				than 2,000 square feet of Submerged Lands for the exclusive purpose of
				commercial fishing
c. Pipelines,
				cables and similar linear structures which are less than 500 feet in length and
				less than one foot in width.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 53 - SUBMERGED LANDS RULES › Section 670-53-1.7 - APPLICATION REVIEW PROCEDURES AND STANDARDS

Current through 2024-29, July 17, 2024
The Bureau shall process all conveyance applications under
				  the process defined herein.
A.
Application
1. Requests for
				Submerged Lands conveyances may be made in writing to the Bureau. Upon receipt
				of a request for conveyance, the Bureau will send the applicant a Submerged
				Lands Application for a conveyance. Preliminary application for a conveyance
				will be deemed to have been made when the Bureau receives any of the following:
a. an application for lease or easement of
				Submerged Lands;
b. an application
				for a wetlands alteration permit, or equivalent application from the Department
				of Environmental Protection;
c. an
				application for a building, development, great ponds, or equivalent application
				from the Land Use Planning Commission;
d. any similar application from an agency
				with appropriate jurisdiction.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 53 - SUBMERGED LANDS RULES › Section 670-53-1.8 - FEES

Current through 2024-29, July 17, 2024
Fees are required for the processing of conveyance
				  applications and for private uses of Submerged Lands granted through
				  conveyances.
A.
Easements
1. Application Processing - $50.00
2. Registration - $50.00 every 5
				years
3. Registration fee is
				payable upon execution of the easement and on or before December 31 every 5th
				year thereafter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 53 - SUBMERGED LANDS RULES › Section 670-53-1.9 - COMPLIANCE AND ENFORCEMENT

Current through 2024-29, July 17, 2024
A project which has received a conveyance from the Bureau,
				  may be visited by the Bureau or its designees to determine if the project has
				  been constructed in accordance with the terms and conditions of the conveyance.
				  Designees of the Bureau may include staff of the Department of Environmental
				  Protection, the Land Use Planning Commission, or other agencies. If the Bureau
				  determines that the project is not in compliance with the terms and conditions
				  of the conveyance the lessee or easement holder will be notified in writing of
				  specific violations and what must be done to bring the project into compliance.
				  In general, the lessee will be given 60 days to correct the violations,
				  although this period may be lengthened or shortened if deemed necessary by the
				  Director. If a lessee or easement holder fails to correct a violation within
				  the time specified by the Bureau, termination procedures, as outlined in
				  Section 1.6.B.1 5 of these Rules, will begin. Violation of these Rules is a
				  Class E crime [
				   12 MRSA
				  §1803(6)
				  ].
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 53 - SUBMERGED LANDS RULES › Section 670-53-1.10 - CONFLICTS WITH OTHER RULES OR STATUTES

Current through 2024-29, July 17, 2024
Whenever a provision of these Rules conflicts with or is
				  inconsistent with another provision of these Rules or of any other ordinance,
				  regulation, rules, or statute, the more restrictive provision shall
				  control.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 53 - SUBMERGED LANDS RULES › Section 670-53-1.11 - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
These Rules were originally adopted on January 15, 1992 ,
				  and revised on May 28, 2000.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 54 - BEAR BAITING ON PUBLIC LANDS › Section 670-54-1 - PREAMBLE

Current through 2024-29, July 17, 2024
In accordance with
				  5 MRSA
				  §8054 and 12 MRSA §12 MRSA§
									1802
				  the Department of Agriculture, Conservation and Forestry, Bureau of Parks and
				  Lands adopted rules to regulate bear baiting on Public Lands in 1991. These
				  rules were amended in 1993.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 54 - BEAR BAITING ON PUBLIC LANDS › Section 670-54-2 - SUMMARY

Current through 2024-29, July 17, 2024
These rules clarify procedures which allow bear baiting on
				  Public Reserved Lands and nonreserved lands in a manner that will not conflict
				  with land management activities, will insure safety to all users of these lands
				  and will streamline administration of the bear baiting permit process.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 54 - BEAR BAITING ON PUBLIC LANDS › Section 670-54-3 - FINDINGS

Current through 2024-29, July 17, 2024
The Bureau finds that this rule is necessary based on the
				  following:
1. 12 MRSA Ch. 709 allows
				bait to be placed for the purpose of hunting bear.
2. Other major landowners in Maine have
				adopted fees and regulations for bear baiting on their lands.
3. The fees and regulations imposed by these
				landowners will influence bear hunters to locate bear baits on lands where
				there are no regulations.
4. A
				disproportionately large number of hunters competing for limited baiting
				stations on Public Lands, will result in land management conflicts and could
				endanger public safety in certain high-use recreation areas.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 54 - BEAR BAITING ON PUBLIC LANDS › Section 670-54-4 - DEFINITIONS

Current through 2024-29, July 17, 2024
Public Lands
- Shall include only the Public
				  Reserved lands and nonreserved lands of the State under the jurisdiction and
				  control of the Bureau of Parks and Lands. State parks, historic sites,
				  memorials and the Allagash Wilderness Waterway are not covered by this
				  rule.
Bureau
- shall mean the Bureau of Parks and
				  Lands within the Department of Agriculture, Conservation and Forestry.
Personal Bear Bait Sites
- Bait sites intended
				  solely for the non-commercial use of no more than 2 individuals.
Commercial Bear Bait Sites
- Bait sites
				  permitted to licensed guides for commercial use.
Bait Sites
- Any location where substances are
				  placed to attract bear for the purpose of hunting them, regardless of the
				  hunting or baiting method used.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 54 - BEAR BAITING ON PUBLIC LANDS › Section 670-54-6 - PENALTY

Current through 2024-29, July 17, 2024
A.
Revocation of the permit.
Any
				violation of these rules will result in revocation of all bear baiting permits
				issued to the permittee. When revoked, permits must be surrendered to the
				Director on demand.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-1 - Authority

Current through 2024-29, July 17, 2024
These Rules are established in accordance with
				   12 MRSA
				  §1867 and the
Administrative
				  Procedure Act
-
				   5 MRSA
				  §§8051 to
				  8060.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-2 - Purposes

Current through 2024-29, July 17, 2024
The purposes of these Rules are to ensure that the removal
				  of sunken logs on Submerged Lands does not unreasonably interfere with public
				  trust rights and is accomplished in a publicly responsible and environmentally
				  sound manner, and that the State is adequately compensated for the private use
				  of these logs. The Rules also are intended to ensure that issuance of sunken
				  log salvage authorizations is orderly and fair, and that the State administers
				  the disposition of this finite resource in accordance with prudent business
				  practices.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-3 - Applicability

Current through 2024-29, July 17, 2024
These Rules apply to the salvage of any sunken logs located
				  on Submerged Lands (herein defined), with the exception of those activities
				  described in Section
				  9.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-4 - Definitions

Current through 2024-29, July 17, 2024
Unless the context otherwise requires, the following terms
				  will have the following meanings:
1.
Applicant
The individual, company or entity proposing to salvage
				  sunken logs.
2.
Bureau
"Bureau" means the Maine Department of Agriculture,
				  Conservation and Forestry, Bureau of Parks and Lands.
3.
Director
"Director" means the Director of the
				  Bureau.
4.
Log
A portion of the trunk of a felled tree which has not been
				  further processed for any end-use.
5.
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.
6.
Salvage
Any activity involved in the retrieval of sunken logs from
				  Submerged Lands.
7.
Salvage Season
The time period each calendar year when salvage operations
				  on Submerged Lands are allowed. The salvage season will generally run from May
				  1 to September 30, but starting and ending dates may be adjusted for individual
				  authorizations to account for the date of "iceout," to avoid conflicts with
				  fish spawning and recreational uses, or to account for extenuating
				  circumstances.
8.
Submerged Lands
[
				 12 M.R.S.A.
				§1801 ]
A. 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.
B. All land below
				the mean low-water mark of tidal rivers and streams up to the farthest natural
				reaches of the tides;
C. All land
				below the natural low-water mark of ponds which in their natural state are 10
				or more acres in size; and
D. 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.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-6 - General Standards

Current through 2024-29, July 17, 2024
The Bureau may grant a sunken log authorization if it finds
				  that the applicant has demonstrated to the Director's satisfaction that the
				  proposed sunken log salvage meets the following standards:
1. The salvage will not unreasonably
				interfere with customary or traditional public access to, or public trust
				rights or uses in, on or over Submerged Lands and the waters above those lands
				[12 MRSA §1867, sub§ 3];
2. The salvage will not unreasonably
				interfere with navigation, recreation, fishing, fowling or existing marine uses
				of the area or unreasonably interfere with ingress and egress of riparian
				owners;
3. The salvage will not
				result in significantly increased risk to life or injury under conditions of
				weather and vessel traffic that are likely to be encountered;
4. The salvage will not conflict with
				established management guidelines designed to protect aquatic habitats or other
				areas of Submerged Lands which have been designated for special protection by
				an agency authorized to make such designations;
5. The salvage is not otherwise determined to
				be contrary to the public interest;
6. The applicant has demonstrated adequate
				financial and technical ability to conduct the salvage in a lawful, publicly
				responsible, environmentally sound and competent manner, to pay for the use of
				the logs and to otherwise meet the requirements of these Rules and the
				conditions of the authorization;
7.
				The anticipated value of the salvaged logs as derived from their sale or use by
				the applicant approximates their market value as determined by the
				Bureau;
8. The salvage will be
				consistent with all other provisions of these Rules; and
9. The applicant has complied with and is in
				good standing regarding previous authorizations issued by the Bureau.
It shall be the responsibility of the applicant to
				  demonstrate, to the satisfaction of the Bureau, that the proposed salvage will
				  comply with these standards.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-7 - Compensation

Current through 2024-29, July 17, 2024
1. Amount
A. The applicant shall pay the Bureau
				compensation for the logs in an amount not less than 20% of the market value of
				the logs as determined after they are salvaged and ready for sale or
				processing.
B. Market value for the
				purposes of paragraph 1 will be calculated in one of the following methods as
				approved by the Bureau.
(1) The gross value
				or mill-delivered price as shown on scaling slips or receipts produced by the
				buyer of whole logs and submitted to the Bureau. This value will not include
				reductions or allowances for transportation or other factors;
(2) The market value as determined by the
				Bureau after the logs are scaled by a licensed log scaler acceptable to the
				Bureau or by Department of Conservation staff. In assigning market value using
				this approach, the Bureau will consider the specifications and prices of
				selected mills and/or buyers of salvaged logs, and information on salvaged log
				values from operations already authorized by the Bureau; or
(3) Another method as negotiated between the
				Bureau and the applicant, and determined by the Bureau to reasonably
				approximate market value.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-8 - General Terms and Conditions

Current through 2024-29, July 17, 2024
1.
Salvage
				limits
A. No person, nor any
				subsidiaries, subcontractors, partners or legal entities associated with that
				applicant, may be issued sunken log salvage authorizations allowing an
				aggregate of more than 125,000 board feet of sunken logs in any given salvage
				season.
B. The Bureau will only
				issue authorizations for the current year's operations. Authorizations are not
				transferable or applicable to future salvage seasons. In cases in which delays
				in obtaining regulatory permits or other necessary approvals prevent the start
				of salvage activities for the current salvage season, the Bureau may reissue
				the salvage authorization for the following salvage season.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-9 - Exemptions

Current through 2024-29, July 17, 2024
The following activities are exempt from having to obtain a
				  sunken log authorization from the Bureau:
1. The removal of any logs from flowed lands
				or other areas other than Submerged Lands as herein defined.
2. The removal of single sunken logs that
				pose a threat to navigation and safety;
3. The removal of multiple sunken logs that
				pose a threat to navigation and safety, with the Bureau's written
				permission;
4. The removal of less
				than 500 board feet of sunken logs for scientific or educational purposes, with
				the Bureau's written permission; and
5. The removal of sunken logs by governmental
				agencies, with the Bureau's written permission.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-10 - Conformance with Other Requirements

Current through 2024-29, July 17, 2024
All sunken log salvage operations shall comply with all
				  applicable laws and regulations of any Federal, State or local authority having
				  jurisdiction, and no sunken log salvage activities shall commence prior to the
				  applicant obtaining all necessary permits and other approvals. If the applicant
				  fails to obtain and comply with all permits and other approvals, this
				  authorization will be revoked or suspended until such permits and other
				  approvals are obtained.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-11 - Compliance and Enforcement

Current through 2024-29, July 17, 2024
1. The Bureau and
				its designees reserve the right to inspect any sunken log salvage operation to
				determine if it is being carried out in accordance with the terms and
				conditions of the authorization and these Rules. Designees of the Bureau may
				include staff of the Maine Departments of Agriculture, Conservation and
				Forestry, Environmental Protection and Inland Fisheries and Wildlife, and other
				agencies or persons approved by the Bureau.
2. If the Bureau determines that a salvage
				operation is not in compliance with the terms and conditions of the
				authorization and of these Rules, the applicant will be notified of the
				violations and the Bureau may provide, at its discretion, a time period for
				remedying the violations. At its discretion, the Bureau may require that
				salvage work be suspended while the violation is being remedied.
3. If an applicant fails to correct a
				violation within the stated time frame set by the Bureau, the authorization may
				be revoked by the Director in addition to any other remedy provided herein or
				by law. Violation of these Rules is a Class E crime. (12 MRSA
				§1803).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 55 - SUNKEN LOG SALVAGE RULES › Section 670-55-12 - Other Rules and Statutes

Current through 2024-29, July 17, 2024
Whenever a provision of these Rules conflicts with or is
				  inconsistent with another provision of the Bureau's rules or any other
				  ordinance, regulation, rules, or statute, the more restrictive provision will
				  control.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 57 - LOGGING AND FORESTRY EDUCATION GRANT PROGRAM › Section 670-57-1 - PURPOSE, SCOPE, AND APPLICABILITY

Current through 2024-29, July 17, 2024
A.
Purpose
Pursuant to
				  12
				  MRS §1859, the purpose of this logging
				  and forestry education grant program is to provide grants to eligible education
				  programs to develop loggers capable of working on the State's public reserved
				  lands.
B.
Scope
This rule governs the Bureau of Parks and Lands'
				  administration of an educational grant program for public secondary or public
				  postsecondary institutions or career and technical education centers that are
				  related to logging or forestry.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 57 - LOGGING AND FORESTRY EDUCATION GRANT PROGRAM › Section 670-57-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
For the purpose of
				  12
				  MRS §1859 and this rule, the following
				  terms are defined as follows:
1.
Department
means the Department of Agriculture, Conservation and
				Forestry.
2.
Bureau
means the Bureau of Parks and Lands.
3.
Commissioner
means the
				Commissioner of the Department of Agriculture, Conservation and
				Forestry.
4.
Director
means the Director of the Bureau of Parks and Lands.
5.
Deputy Director
means the
				Deputy Director of the Bureau of Parks and Lands.
6.
Eligible Educational Program
means an educational program at a public secondary or public postsecondary
				educational institution or career and technical education center that is
				related to logging and forestry approved by Maine Department of
				Education.
7.
Public Reserved
				Lands
have the same meaning as in
				12 MRS
				§1801(8).
8.
Regional Manager
means the
				manager of each of the three administrative regions of the Bureau.
9.
The Grant Review Committee
shall include the Director, Deputy Director, a Regional Manager, a
				representative from the Department of Education, and a representative of the
				forest products industry
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 57 - LOGGING AND FORESTRY EDUCATION GRANT PROGRAM › Section 670-57-3 - REQUESTS FOR PROPOSALS

Current through 2024-29, July 17, 2024
The Department will issue a request for proposals (RFP) for
				  grant applications. The Grant Review Committee will review all proposals.
				  Criteria for the Grant Review Committee's evaluation of proposals consistent
				  with this rule will be set forth in the RFP. The Grant Review Committee will
				  make recommendations to the Commissioner. The Commissioner will make the final
				  decision on grant awards. The Department will notify applicants of the
				  Commissioner's decision. Award decisions may be appealed to the Director of
				  Bureau of General Services pursuant to 18-544 C.M.R. ch. 120,
Rules for
				  Appeal of Contract and Grant Awards
.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 57 - LOGGING AND FORESTRY EDUCATION GRANT PROGRAM › Section 670-57-4 - CRITERIA FOR ELIGIBILITY

Current through 2024-29, July 17, 2024
A. Any educational
				program at a public secondary or public postsecondary educational institution
				or career and technical education center approved by Maine Department of
				Education that is related to logging or forestry
B. Any grants issued to an eligible
				educational program must supplement, not supplant, existing school
				funding.
C. Timber harvesting on
				Public Reserved Lands use policies outlined in the integrated resource policy,
				public reserved managers may be involved with, any eligible educational program
				that receives funding through the grant program. All applicants must provide:
1. Basic understanding of Forestry
				principles, law and regulations for students
2. Include a clear statement of the
				additional development of the current curriculum that provides students with a
				clear understanding of the integrated resource policies and procedures
				governing timber harvesting and related activities on public reserved
				lands.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 57 - LOGGING AND FORESTRY EDUCATION GRANT PROGRAM › Section 670-57-5 - FUNDING REQUIREMENTS

Current through 2024-29, July 17, 2024
A. Grants received
				through the grant program may be used only for educational purposes, including
				but not limited to upgrading existing logging equipment.
B. An eligible educational program may
				receive grants of up to $50,000, if available, from the grant
				program.
C. Grants will be awarded
				over a two-year period, with 20% of the total grant in the first year and the
				remaining 80% granted in the second year.
D. The initial 20% disbursement must be used
				to develop educational materials, purchase classroom materials such as,
				software, handheld devices, and provide educational field training relating to
				the understanding of forestry principles, statutes, and regulations.
				Educational materials must include a statement of the additional development of
				the current curriculum that provides students with a clear understanding of the
				integrated resource policy governing timber harvesting and related activities
				on public reserved lands.
E.
				Distribution of the remaining 80% is contingent on documentation of implemented
				curriculum that provides students with a understanding of forestry principles,
				statutes, regulations.
F. Grant
				recipients must submit a final report at the end of the grant period detailing
				the program outcomes achieved as a result of the grant. Second year funding is
				contingent upon meeting performance standards.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 57 - LOGGING AND FORESTRY EDUCATION GRANT PROGRAM › Section 670-57-6 - ACCOUNTABILITY AND REPORTING

Current through 2024-29, July 17, 2024
A. Grant recipients
				must:
1. Within 30 days of the end of the
				first grant year, submit a written progress report detailing accomplishments
				and setbacks and steps taken to overcome any setbacks. Reports must include an
				accounting of how grant funds have been expended according to the budget lines
				identified in Section
				5(F). Expenditures
				must be supported by adequate documentation.
2. Within 30 days of the end of the second
				grant year, submit a written final report detailing accomplishments and
				setbacks. Reports must include accounting of how grant funds have been expended
				according to the budget lines identified in Section
				5(F). Expenditures
				must be supported by adequate documentation.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 57 - LOGGING AND FORESTRY EDUCATION GRANT PROGRAM › Section 670-57-7 - PAYMENTS TO GRANT RECIPIENTS

Current through 2024-29, July 17, 2024
A. The Bureau will
				make one payment to grant recipients within 60 days of issuing a notice of
				award equal to 20% of the total grant award.
B. The Bureau will make one payment to grant
				recipients within 30 days of receiving a satisfactory annual report equal to
				80% of the total grant award.
C.
				The Director may withhold payment of any or all grant funds to a grant
				recipient if the Director determines that the grant recipient is not capable of
				fulfilling the terms and conditions of the grant or if the grant recipient has
				not complied with these rules. Such determination must be issued in
				writing.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 57 - LOGGING AND FORESTRY EDUCATION GRANT PROGRAM › Section 670-57-8 - WAIVER

Current through 2024-29, July 17, 2024
The Director may waive the terms set forth in sections
				  5(C),
				  (D), and (E) as well as in sections 8(A) and
				  (B) if requested in writing by a grant recipient and if the Director, at the
				  Director's sole discretion, determines that such alternative terms are in the
				  best interest of the Bureau and the State.