LD 1417
pg. 8
Page 7 of 16 An Act To Make Changes to the Laws Governing Aquaculture Leasing Page 9 of 16
Download Bill Text
LR 1908
Item 1

 
Sec. 17. 12 MRSA §6072-A, sub-§11-A is enacted to read:

 
11-A.__Municipal participation.__Prior to filing an
application with the department under this section, an
applicant shall attend a preapplication meeting with
representatives of the municipality in which the proposed
lease is located to describe the proposed application.

 
The department shall send a copy of the completed application
to the governing board of the municipality as well as the
harbor master, if such a position exists.

 
The department shall provide a municipality with an
opportunity to provide written comment prior to a public
hearing under subsection 6 on a proposed application with
respect to any of the decision criteria under this section,
including designated or traditional storm anchorages and the
type of mooring gear specified in the lease application.__The
municipality may submit an opinion supported by facts on
whether a proposed lease is located within a channel
designated under the authority of Title 38, section 2 and
whether the proposed lease will unreasonably interfere with
navigation.__The department shall evaluate such a submission
with regard to the approval criteria in subsection 13,
paragraphs A, B and F.

 
A municipality may recommend conditions on a proposed lease in
writing to the department during the comment period under this
subsection.__The department shall consider any conditions
recommended by the municipality, and the department shall
provide a written explanation to the municipality at the time
a draft decision is written if the condition is not imposed on
a proposed lease.

 
A municipality has intervenor status upon written request to
the department.

 
In a municipality with a shellfish conservation program under
section 6671, the commissioner may not lease areas in the
intertidal zone within the municipality without the consent of
the municipal officers.

 
Once a lease is issued, a municipality may issue a mooring
permit.__The fee for a mooring permit is the same as that
assigned for other commercial moorings within the
municipality.__A mooring permit may be issued on a plan basis
for all moorings located within an aquaculture lease but may
not be issued for each individual mooring block or anchor.

 
Nothing in this section limits a municipality's ability to
enforce the provisions of an issued mooring permit.


Page 7 of 16 Top of Page Page 9 of 16