LD 1367
pg. 1
LD 1367 Title Page An Act Regarding Notification to Parties Affected by Marine Construction Page 2 of 2
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LR 2095
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 38 MRSA §1022, first ¶, as affected by PL 1989, c. 890, Pt. A,
§40 and amended by Pt. B, §206, is further amended to read:

 
Any person intending to build or extend any wharf, fish weir
or trap in tidewaters, within the limits of any city or town, may
apply in writing to the municipal officers thereof of the city or
town, stating the location of the weir, the boundaries of the
cove in which the weir will be constructed as identified on a map
prepared by the Commissioner of Marine Resources, limits and
boundaries, as nearly as may be, of the intended erection or
extension, and asking license therefor for the intended erection
or extension. The application must provide proof to the
municipal officers that all parties that may be directly affected
by the proposed construction have been notified of the
application. Upon receiving an application, the officers shall
give at least 3 days' public notice thereof of the application in
a newspaper, published in the town, or, if there is no newspaper
published in the town, in a newspaper published within the
county, and shall therein designate in the notice a day and time
on which they or their designee will meet on or near the premises
described, to examine the same and hear all parties interested.
If, upon following such examination and hearing of all parties
interested, the officers decide that such erection or extension
would not be an obstruction to navigation or injury to the rights
of others, and determine to allow the same, they shall issue a
license under their hands to the applicant, authorizing the
applicant to make such an erection or extension, and to maintain
the same within the limits mentioned in such license. The
applicant for license to build or extend a fish weir or trap
shall first give bond to the town, with sureties, in the sum of
$5,000, conditioned that upon the termination of such license the
applicant shall remove all stakes and brush from the location
therein described. The municipal officers shall, within 10 days
after the date of hearing, give written notice by registered mail
of their decision to all parties interested. Any person aggrieved
by the decision of the municipal officers, in either granting or
refusing to grant a license as provided, may appeal to the
Superior Court within 10 days after the mailing of such written
notice. The court shall set a time and place for hearing and give
notice thereof in the same manner as provided for a hearing
before the municipal officers. The decision of the court must be
communicated within 10 days after the date of hearing to the
appellant and to the municipal officers of the town in which the
proposed wharf, weir or trap is to be located. This decision is
binding on the municipal officers, who shall issue a license, if
so directed by the decision of the court, within 3 days after the
decision has been communicated to them. If the appeal is
sustained by the court in whole or in part, the appellant will
have costs against the appellee. If the appeal is not so


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