Maine § 38 §480-F Delegation of permit-granting authority to municipality; home rule

Maine Statutes

§ 38 §480-F — Delegation of permit-granting authority to municipality; home rule

Maine·Title 38 WATERS AND NAVIGATION·Ch. 3 PROTECTION AND IMPROVEMENT OF WATERS

1.Delegation. A municipality may apply to the board for authority to issue all permits under this article or for partial authority to process applications for permits involving activities in specified protected natural resources or for activities included in chapter 305 of the department's rules, addressing permit by rule. The board shall grant such authority if it finds that the municipality has:

2.Procedure. The following procedures apply to applications under this article processed by municipalities.

3.Home rule. Nothing in this article may be understood or interpreted to limit the home rule authority of a municipality to protect the natural resources of the municipality through enactment of standards that are more stringent than those found in this article.

4.Joint enforcement. Any

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1.
Delegation.
A municipality may apply to the board for authority to issue all permits under this article or for partial authority to process applications for permits involving activities in specified protected natural resources or for activities included in chapter 305 of the department's rules, addressing permit by rule. The board shall grant such authority if it finds that the municipality has:
2.
Procedure.
The following procedures apply to applications under this article processed by municipalities.
3.
Home rule.
Nothing in this article may be understood or interpreted to limit the home rule authority of a municipality to protect the natural resources of the municipality through enactment of standards that are more stringent than those found in this article.
4.
Joint enforcement.
Any person who violates any permit issued under this section is subject to the provisions of section 349 in addition to any penalties which the municipality may impose. The provisions of this section may be enforced by the commissioner and the municipality that issued the permit.

Maine § 38 §480-F (Delegation of permit-granting authority to municipality; home rule) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1987, c. 809, §2 (NEW). PL 1989, c. 890, Pt. A, §40 (AFF). PL 1989, c. 890, Pt. B, §74 (AMD). PL 1995, c. 267, §1 (AMD). PL 1997, c. 364, §§19-20 (AMD). PL 2003, c. 688, §A43 (AMD). PL 2011, c. 655, Pt. FF, §§11, 12 (AMD). PL 2011, c. 655, Pt. FF, §16 (AFF). PL 2011, c. 657, Pt. W, §5 (REV).