Maine § 38 §480-U Cranberry cultivation

Maine Statutes

§ 38 §480-U — Cranberry cultivation

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

1.General permit. An individual permit is not required for the alteration of freshwater wetlands to cultivate cranberries as long as the provisions of this section are met.

2.Requirements. An application must be filed with the department and must meet the following requirements.

3.Agriculture certification. The Department of Agriculture, Conservation and Forestry shall review all plans submitted pursuant to subsection 2, paragraphs B, C or D and shall certify compliance of these sections to the department within 20 days of receipt of an application.

4.Review period. Work may not occur until 45 days after the department has accepted an application for processing. This period may be extended pursuant to section 344‑B with the consent of the applicant.

5.Notification. The department shal

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1.
General permit.
An individual permit is not required for the alteration of freshwater wetlands to cultivate cranberries as long as the provisions of this section are met.
2.
Requirements.
An application must be filed with the department and must meet the following requirements.
3.
Agriculture certification.
The Department of Agriculture, Conservation and Forestry shall review all plans submitted pursuant to subsection 2, paragraphs B, C or D and shall certify compliance of these sections to the department within 20 days of receipt of an application.
4.
Review period.
Work may not occur until 45 days after the department has accepted an application for processing. This period may be extended pursuant to section 344‑B with the consent of the applicant.
5.
Notification.
The department shall notify an applicant in writing within 45 days of acceptance for processing if the department determines that the requirements of this section have not been met. Any such notification must specifically cite the requirements of this section that have not been met. If the department has not notified the applicant under this subsection within the specified time period, a general permit is deemed to have been granted.
6.
Deferrals.
The 45-day time limit for processing a completed application under subsection 5 does not apply when winter conditions prevent the department from evaluating a permit application. Under such circumstances, the department may defer action for a reasonable period. The department shall immediately notify the applicant of a deferral under this subsection.
7.
Fees.
The department shall assess a fee for review of applications filed pursuant to this section. The fee must be equivalent to the amount assessed to activities requiring an individual permit for freshwater wetland alterations.
8.
Violation.
Any action taken by a person receiving a general permit under this section that is not in compliance with the plans submitted under subsection 2, paragraphs B, C or D is a violation of the general permit.

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Legislative History

RR 1991, c. 1, §57 (COR). PL 1991, c. 214, §2 (NEW). PL 1995, c. 287, §18 (NEW). PL 1995, c. 406, §14 (AMD). PL 1995, c. 625, §A52 (RP). PL 1999, c. 243, §12 (AMD). PL 1999, c. 401, §BB18 (AMD). PL 2005, c. 330, §17 (AMD). PL 2009, c. 561, §38 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). MRSA T. 38 §490V (RP). PL 2023, c. 405, Pt. A, §134 (AMD).