| | | 7. Permanent structure. "Permanent structure" means any | structure constructed or erected with a fixed location, | attached to a structure with a fixed location, on or in the | ground within a fragile mountain area, or having a fixed location | in, on or over the water | | year, including, but not limited to, causeways, piers, docks, | | concrete slabs, piles, marinas, retaining walls and buildings. |
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| | | Sec. 7. 38 MRSA §480-U, sub-§4, as enacted by PL 1991, c. 214, §2, is | | amended to read: |
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| | | 4. Review period. Work may not occur until 45 days after the | | department has accepted an application for processing. This | | period may be extended pursuant to section 344-B. |
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| | | Sec. 8. 38 MRSA §480-X, sub-§6, ¶B, as enacted by PL 1995, c. 460, §7 | | and affected by §12, is amended to read: |
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| | | B. Work may not occur until 30 days after the department | | receives a complete application, unless written approval is | | issued sooner by the department. The department shall | | notify the applicant in writing no later than 30 days after | | the department receives a complete application if the | | applicable requirements of this section have not been met or | | if the review period may be extended pursuant to section | | 344-B. If the department has not notified the applicant | | within the 30-day review period, a permit is deemed to be | | granted. |
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| | | Sec. 9. 38 MRSA §480-X, sub-§7, ¶B, as enacted by PL 1995, c. 460, §7 | | and affected by §12, is amended to read: |
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| | | B. Work may not occur until 60 days after the department | | has received a complete application for processing, unless | | written approval is issued sooner by the department. The | | department shall notify the applicant in writing within 60 | | days of the department's receipt of a complete application | | whether the applicable requirements of this section have | | been met or if the review period may be extended pursuant to | | section 344-B. If the department has not notified the | | applicant within the 60-day review period, a permit is | | deemed to be granted. |
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| | | Sec. 10. 38 MRSA §480-Y, sub-§2, ¶E is enacted to read: |
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| | | E.__The pond may not be located in a river, stream or brook if | | the department determines at the site assessment that there is a | | practicable alternative water supply that would be less damaging | | to the environment.__For purposes of this paragraph, the term | | "practicable" means feasible |
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