§ 30-A §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:
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
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.
An ordinance adopted under this subchapter may establish a fee for adjudicatory hearings conducted by the municipality.

Legislative History

PL 1993, c. 370, §1 (NEW).