2012 Maine Revised Statutes
TITLE 30-A: MUNICIPALITIES AND COUNTIES (HEADING: PL 1987, c. 737, Pt. A, @2 (new))
Chapter 187: PLANNING AND LAND USE REGULATION
30-A §4455. Registration for authority to regulate

Part 2: MUNICIPALITIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)

Subpart 6-A: PLANNING AND LAND USE REGULATION HEADING: PL 1989, C. 104, PT. A, §45 (NEW)

Subchapter 6: MUNICIPAL REGULATION OF WATER LEVELS AND MINIMUM FLOWS HEADING: PL 1993, C. 370, §1 (NEW)

§4455. Registration for authority to regulate

Prior to regulating a water level regime or minimum flow on any impounded body of water, a municipality shall adopt an ordinance and submit that ordinance to the Commissioner of Environmental Protection for review and approval. An ordinance adopted under this section must include: [1993, c. 370, §1 (NEW).]

1. Substance of state law. All substantive provisions of Title 38, chapter 5, subchapter 1, article 3-A. The ordinance may not allow a municipality to establish a water level regime or minimum flow requirements for any dam listed in Title 38, section 840, subsection 1, paragraphs A to D; and

[ 1993, c. 370, §1 (NEW) .]

2. Commissioner as petitioner. Provisions allowing the Commissioner of Environmental Protection and any municipality downstream of the impoundment to petition the municipality for an adjudicatory hearing.

[ 1993, c. 370, §1 (NEW) .]

An ordinance adopted under this subchapter may establish a fee for adjudicatory hearings conducted by the municipality. [1993, c. 370, §1 (NEW).]

SECTION HISTORY

1993, c. 370, §1 (NEW).