LD 1164
pg. 1
LD 1164 Title Page An Act to Facilitate the Creation of Boat Launch Sites in the Maine Land Use Re... Page 2 of 2
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LR 602
Item 1

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

 
Sec. 1. 12 MRSA §685-B, sub-§1-A, as enacted by PL 1999, c. 333, §13,
is amended to read:

 
1-A. Exceptions. Except as provided in this section or by
commission rule:

 
A. A permit is not required for the repair and maintenance
of an existing road culvert or for the replacement of an
existing road culvert, as long as the replacement culvert
is:

 
(1) No more than one standard culvert size wider in
diameter than the culvert being replaced;

 
(2) No more than 25% longer than the culvert being
replaced; and

 
(3) No longer than 75 feet.

 
Ancillary culverting activities, including excavation and
filling, are included in this exemption. A person
repairing, replacing or maintaining an existing culvert
under this paragraph shall ensure that erosion control
measures are taken to prevent sedimentation of the water and
that the crossing does not block fish passage in the water
course; or

 
B. A permit is not required for those aspects of a project
approved by the Department of Environmental Protection under
Title 38 if the commission determines that the project is an
allowed use within the subdistrict or subdistricts for which
it is proposed. Notice of the intent to develop and a map
indicating the location of the proposed development must be
filed with the commission prior to or concurrently with
submission of a development application to the Department of
Environmental Protection.; and

 
C.__A permit is not required for boat launch sites approved
by any state agency if the commission determines that the
boat launch is an allowed use within the subdistrict for
which the boat launch is proposed.__Notice of the intent to
develop and a map indicating the location of the proposed
boat launch site must be filed with the commission prior to
or concurrently with submission of a development application
to the Department of Environmental Protection.__The
commission retains authority to ensure that the boat launch
is constructed in a manner that complies with rules adopted
by the commission and the Department of Environmental
Protection.


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