LD 1857
pg. 3
Page 2 of 17 PUBLIC Law Chapter 660 Page 4 of 17
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LR 2749
Item 1

 
B. Will The lease will not unreasonably interfere with
navigation;.

 
C. Will The lease will not unreasonably interfere with
fishing or other uses of the area taking into consideration
the number and density of aquaculture leases in an area.
For the purposes of this paragraph, "fishing" includes
public access to a redeemable shellfish resource, as defined
by the department, for the purpose of harvesting, provided
that the resource is commercially significant and subject to
a pollution abatement plan that predates the lease
application, that includes verifiable activities in the
process of implementation and that is reasonably expected to
result in the opening of the area to the taking of shellfish
within 3 years;.

 
D. Will The lease will not unreasonably interfere with
significant wildlife habitat and marine habitat or with the
ability of the lease site and surrounding marine and upland
areas to support existing ecologically significant flora and
fauna;.

 
E. The applicant has demonstrated that there is an
available source of organisms to be cultured for the lease
site;.

 
F. The lease does not unreasonably interfere with public
use or enjoyment within 1,000 feet of municipally owned,
state-owned or federally owned beaches and parks or
municipally owned, state-owned or federally owned docking
facilities; a beach, park or docking facility owned by the
Federal Government, the State Government or a municipal
governmental agency or certain 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.

 
The Executive Department, State Planning Office shall
maintain a list of conserved lands.__The commissioner shall
request this information from the State Planning Office
prior to holding a preapplication proceeding.

 
G. Will The lease will not result in unreasonable impact
from noise or light at the boundaries of the lease site;
and.

 
H. Upon the implementation of rules, the lease must be in
compliance with visual impact criteria adopted by the
commissioner relating to color, height, shape and mass.


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