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

 
304, the commissioner is not required to hold a hearing to
establish a new water level regime or minimum flow requirement for
the same body of water in response to a petition from littoral or
riparian proprietors unless the commissioner determines that there
has been a substantial change in conditions or other circumstances
materially affecting the impact of water levels and minimum flows
on the public and private resources identified in subsection 4
since the order was issued.

 
SUMMARY

 
This bill makes the following changes to the laws administered
by the Department of Environmental Protection, Bureau of Land and
Water Quality.

 
1. It corrects discrepancies in the Department of
Environmental Protection's authority to apply the United States
Consumer Price Index to licensing and certification fees and
explicitly allows the department to compound annually authorized
adjustments into periodic increases.

 
2. It increases the cap on special license and permit
application fees from $40,000 to $75,000.

 
3. It increases the seasonal dwelling grant percentage for
pollution abatement construction projects and for overboard
discharge replacement projects.

 
4. It replaces the word "shoreline" with the phrase "the
normal high-water line or upland edge of a wetland" in the
alternative expansion requirement found in the mandatory
shoreland zoning laws. The phrase "the normal high-water line or
upland edge of a wetland" is currently used in several places in
this provision to indicate the point from which setbacks and
buffers are measured. The proposed change replaces the
inconsistent term.

 
5. It clarifies the natural resources protection law's
definition of "permanent structure" by removing references to a
particular location.

 
6. It adds language to certain provisions that currently
establish specific processing times for reviewing permits to
provide that these processing times are subject to the general
provisions concerning processing times found in the Maine Revised
Statutes, Title 38, section 344-B.

 
7. It adds an additional eligibility criterion to the
agricultural irrigation pond general permit provisions in the


Page 6 of 8 Top of Page Page 8 of 8