Maine § 38 §480-Y Creation of agricultural irrigation ponds

Maine Statutes

§ 38 §480-Y — Creation of agricultural irrigation ponds

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

1.General permit. A general permit is required for the alteration of a freshwater, nontidal stream to construct an agricultural irrigation pond. If the provisions of this section are met, an individual permit is not required.

2.Eligibility criteria. The following eligibility criteria must be met.

3.Standards. The following standards must be met.

4.Submissions. The following provisions apply to the submission of applications.

5.Review period. Work may not commence until 30 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.

6.Notification. The department shall notify the applicant in writing within 30 days of acceptance for processing if the department determines that the require

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1.
General permit.
A general permit is required for the alteration of a freshwater, nontidal stream to construct an agricultural irrigation pond. If the provisions of this section are met, an individual permit is not required.
2.
Eligibility criteria.
The following eligibility criteria must be met.
3.
Standards.
The following standards must be met.
4.
Submissions.
The following provisions apply to the submission of applications.
5.
Review period.
Work may not commence until 30 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.
6.
Notification.
The department shall notify the applicant in writing within 30 days of acceptance for processing if the department determines that the requirements of this section have not been met. This notification must specifically cite the requirements of this section that have not been met. If the department has not notified the applicant under this section within the specified time period, a general permit is deemed to have been granted.
7.
Fees.
The department shall assess a fee for review of an application filed pursuant to this section. The fee must be equivalent to the amount assessed for activities requiring an individual permit for stream alterations.
8.
Violation.
A violation occurs when an activity takes place that is not in compliance with the provisions of this section or the plans submitted with the application. Any deviation from the approved plans must receive prior department approval.