| | | H.__The applicant has demonstrated that there is an | | available source of organisms to be cultured for the site | | affected by the permit. |
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| | | I.__The permit does not unreasonably interfere with public | | use or enjoyment within 1,000 feet of a beach, park or | | docking facility owned by the Federal Government, the State | | Government or a municipal government or conserved lands.__ | | For purposes of this paragraph, "conserved lands" means land | | in which fee ownership has been acquired by the municipal | | government, State Government or Federal Government in order | | to protect the important ecological, recreational, scenic, | | cultural or historic attributes of that property. |
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| | | A municipality shall review the Executive Department, State | | Planning Office's list of conserved lands compiled pursuant to | | section 6072, subsection 7-A, paragraph F prior to issuing a | | municipal shellfish aquaculture permit. |
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| | | A municipality shall put its findings on each of the criteria | | listed in this subsection in writing and make those findings | | available to the public. |
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| | | 3.__Municipal shellfish aquaculture permit.__Prior to issuing | | a municipal shellfish aquaculture permit pursuant to this | | section, a municipality shall adopt ordinances that establish | | procedures for consideration of permit applications under the | | decision criteria in subsection 2-A, including but not limited to | | provisions for a public hearing process.__An ordinance proposed | | by a municipality under this subsection must be approved in | | writing by the commissioner prior to its adoption. |
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| | | When approved, a municipal shellfish aquaculture permit must be | | forwarded to the commissioner.__The municipality may charge a | | municipal shellfish aquaculture permit fee not to exceed $50 per | | acre.__The municipality may establish conditions and limits on | | the permit.__A municipal shellfish aquaculture permit may be | | granted for a period of up to 10 years and is renewable upon | | application by the permittee.__The municipality shall monitor and | | enforce the terms and conditions of a permit. |
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| | | 4.__Renewals.__A municipality shall give public notice for a | | municipal shellfish aquaculture permit renewal as required under | | subsection 1-A, and a hearing must be held if it is requested in | | writing by 5 or more persons.__If a public hearing is required, | | it must be held in accordance with procedures established in an | | ordinance adopted under subsection 3.__A renewal may be granted | | as long as the permit continues to meet the criteria of | | subsection 2-A.__The findings of the municipality regarding the |
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