LD 1160
pg. 6
Page 5 of 8 An Act to Amend Certain Laws Administered by the Department of Environmental Pr... Page 7 of 8
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LR 939
Item 1

 
(3) Public notification of the application and any
hearings; and

 
(4) Satisfactory hearing procedures;

 
G. Procedures for appeal by aggrieved parties of local
decisions are defined; and

 
H. A registration form, provided by the commissioner, has
been completed and submitted by the municipality,
demonstrating compliance with the criteria under this
subsection.

 
Sec. 16. 38 MRSA §840, sub-§1, as amended by PL 1995, c. 630, §2, is
further amended to read:

 
1. Power. The commissioner may on the commissioner's own
motion and shall, at the request of the owner, lessee or person
in control of a dam, the Commissioner of Inland Fisheries and
Wildlife or the Commissioner of Marine Resources, or upon receipt
of petitions from the lesser of at least 25% or 50 of the
littoral or riparian proprietors or from a water utility having
the right to withdraw water from the body of water for which the
water level regime is sought, conduct an adjudicatory hearing for
the purpose of establishing a water level regime and, if
applicable, minimum flow requirements for the body of water
impounded by any dam that is not:

 
A. Operating with a license or exemption issued by the
Federal Energy Regulatory Commission or determined by the
Federal Energy Regulatory Commission to be subject to the
jurisdiction of that commission;

 
D. Operating with a permit setting water levels issued
under the protection of natural resources laws, sections
480-A to 480-S; the site location of development laws,
sections 481 to 490; the small hydroelectric generating
facilities laws, sections 631 to 636; the land use
regulation laws, Title 12, sections 681 to 689; or any other
statute regulating the construction or operation of dams;

 
E. A dam regulated by one or more municipalities by
ordinance or interlocal agreement pursuant to Title 30-A,
chapter 187, subchapter VI; or

 
F. Regulated by the International Joint Commission.

 
Notwithstanding the provisions of this subsection, after an order
establishing a water level regime or minimum flow requirement has
been issued pursuant to this section or former Title 12, section


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