The department shall process all permits under this article, except as provided in section 480-E - 1, in accordance with chapter 2, subchapter I, and the following requirements. [1999, c. 333, §19(AMD).]
The Maine Land Use Planning Commission and any municipality notified pursuant to this paragraph may provide comments within a reasonable period established by the commissioner and the commissioner shall consider such comments. [2009, c. 615, Pt. E, §10(NEW); 2011, c. 682, §38(REV).]
[2009, c. 615, Pt. E, §10(RPR); 2011, c. 682, §38(REV).]
[2007, c. 353, §10(AMD).]
Any public hearing held pursuant to this application must be held in the municipality nearest to the proposed disposal site.
[1993, c. 296, §3(AMD).]
[1989, c. 656, §4(NEW); 1989, c. 890, Pt. A, §40(AFF); 1989, c. 890, Pt. B, §73(AMD).]
[1989, c. 890, Pt. A, §40(AFF); 1989, c. 890, Pt. B, §73(NEW).]
[1991, c. 838, §24(NEW).]
[2011, c. 65, §1(RPR).]
[2011, c. 65, §2(RPR).]
[2005, c. 548, §1(RP).]
[1999, c. 695, §3(NEW); MRSA T. 38 § 480-E, sub-§ 10 (RP).]
[2003, c. 23, §1(NEW).]
[2003, c. 134, §1(NEW).]
[2019, c. 181, §1(NEW).]
For the purposes of this subsection, "structure" does not include a seawall, retaining wall, closed fence or other structure used to stabilize the shoreline or to prevent the movement of sand or water. For the purposes of this subsection, expansion of an existing structure does not include a change from one type of structure to another.
[2021, c. 186, §5(NEW).]
The use or placement of allowable stabilization materials within a coastal sand dune system in accordance with a permit or a permit by rule authorized by the department pursuant to this subsection is not considered a permanent structure under this article.
For the purposes of this subsection, "allowable stabilization materials" means natural, plant-based biodegradable or compostable fabrics, erosion control blankets, logs or rolls made from coir, jute, straw, polylactic acid polymers or other similar materials, including materials that contain or use gravel or cobble, discarded holiday trees, other trees fallen or washed up in proximity to the site and stakes, anchors or cables used to secure those materials. For the purposes of this subsection, "native dune vegetation" means dune plant species typically adapted to coastal sand dune systems in the State, including, but not limited to, American beach grass, Rosa virginiana, bayberry, beach pea, beach heather and pitch pine.
[2023, c. 97, §1(NEW).]
For the purposes of this subsection, "pier, wharf or dock" includes any permanent structures located on the pier, wharf or dock. "Pier, wharf or dock" does not include a seawall, jetty, breakwater or similar structure designed to dissipate wave action.
The department may adopt rules establishing standards for the reconstruction or replacement of a pier, wharf or dock in accordance with this subsection.
For the purposes of this subsection, "pier, wharf or dock" includes any permanent structures located on the pier, wharf or dock. "Pier, wharf or dock" does not include a seawall, jetty, breakwater or similar structure designed to dissipate wave action.
38 M.R.S. § 480-E