Maine § 38 §482 Definitions

Maine Statutes

§ 38 §482 — Definitions

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

As used in this article, unless the context otherwise indicates, the following terms have the following meanings.

1.Board. 1-A. Borrow pit. "Borrow pit" means a mining operation undertaken primarily to extract and remove sand, fill or gravel. "Borrow pit" does not include any mining operation undertaken primarily to extract or remove rock or clay.

2.Development of state or regional significance that may substantially affect the environment. "Development of state or regional significance that may substantially affect the environment," in this article also called "development," means any federal, state, municipal, quasi-municipal, educational, charitable, residential, commercial or industrial development that: 2-A. Exploration. 2-B. Metallic mineral mining or advanced exploration activity.

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As used in this article, unless the context otherwise indicates, the following terms have the following meanings.
1.
Board.
1-A.
Borrow pit.
"Borrow pit" means a mining operation undertaken primarily to extract and remove sand, fill or gravel. "Borrow pit" does not include any mining operation undertaken primarily to extract or remove rock or clay.
2.
Development of state or regional significance that may substantially affect the environment.
"Development of state or regional significance that may substantially affect the environment," in this article also called "development," means any federal, state, municipal, quasi-municipal, educational, charitable, residential, commercial or industrial development that:
2-A.
Exploration.
2-B.
Metallic mineral mining or advanced exploration activity.
2-C.
Hazardous activity.
2-D.
Multi-unit housing.
2-E.
Coastal wetlands.
"Coastal wetlands" has the same meaning as in section 480‑B, subsection 2.
2-F.
Freshwater wetlands.
"Freshwater wetlands" has the same meaning as in section 480‑B, subsection 4.
3.
Natural environment of a locality.
3-A.
Overburden.
"Overburden" means earth and other materials naturally lying over the product to be mined.
3-B.
Normal high-water line.
"Normal high-water line" has the same meaning as in section 480‑B, subsection 6.
3-C.
Passenger car equivalents at peak hour.
3-D.
Oil terminal facility.
"Oil terminal facility" means a facility and related appurtenances located in, on, over or under the surface of any land or water that is used or capable of being used to transfer, process, refine or store oil as defined in section 542, subsection 6. "Oil terminal facility" does not include:
4.
Person.
"Person" means any person, firm, association, partnership, corporation, municipal or other local governmental entity, quasi-municipal entity, state agency, federal agency, educational or charitable organization or institution or other legal entity.
4-A.
Product.
4-B.
Reclamation.
"Reclamation" means the rehabilitation of the area of land affected by mining under a plan approved by the department, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest and the enhancement of wildlife and aquatic resources, but not including the filling in of pits and the filling or sealing of shafts and underground workings with solid materials unless necessary for protection of ground water or safety.
4-C.
Primary sand and gravel recharge areas.
4-D.
Significant ground water aquifer.
"Significant ground water aquifer" means a porous formation of ice-contact and glacial outwash sand and gravel or fractured bedrock that contains significant recoverable quantities of water which is likely to provide drinking water supplies.
4-E.
River, stream or brook.
"River, stream or brook" has the same meaning as in section 480‑B, subsection 9.
4-F.
Shoreland zone.
"Shoreland zone" has the same meaning as "shoreland areas" in section 435. Terms used within this definition have the same meanings as in section 436‑A.
5.
Subdivision.
A "subdivision" is the division of a parcel of land into 5 or more lots to be offered for sale or lease to the general public during any 5-year period, if the aggregate land area includes more than 20 acres; except that when all lots are for single-family, detached, residential housing, common areas or open space a "subdivision" is the division of a parcel of land into 15 or more lots to be offered for sale or lease to the general public within any 5-year period, if the aggregate land area includes more than 30 acres. The aggregate land area includes lots to be offered together with the roads, common areas, easement areas and all portions of the parcel of land in which rights or interests, whether express or implied, are to be offered. This definition of "subdivision" is subject to the following exceptions:
6.
Structure.
A "structure" means:
7.
Storage facility.
8.
Offshore wind power project.
"Offshore wind power project" means a project that uses a windmill or wind turbine to convert wind energy to electrical energy and is located in whole or in part within coastal wetlands as defined in section 480‑B, subsection 2. "Offshore wind power project" includes both generating facilities as defined by Title 35‑A, section 3451, subsection 5 and associated facilities as defined by Title 35‑A, section 3451, subsection 1, without regard to whether the electrical energy is for sale or use by a person other than the generator.

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Legislative History

PL 1969, c. 571, §2 (NEW). PL 1971, c. 593, §22 (AMD). PL 1971, c. 613, §§2,3 (AMD). PL 1971, c. 618, §12 (AMD). PL 1973, c. 625, §276 (AMD). PL 1975, c. 214 (AMD). PL 1975, c. 297 (AMD). PL 1975, c. 712 (AMD). PL 1979, c. 466, §§12,13 (AMD). PL 1979, c. 541, §A263 (AMD). PL 1981, c. 227, §§1,2 (AMD). PL 1981, c. 449, §§4-6,9 (AMD). PL 1981, c. 698, §190 (AMD). PL 1983, c. 500, §2 (AMD). PL 1983, c. 513, §2 (AMD). PL 1983, c. 743, §13 (AMD). PL 1983, c. 788, §§1-3 (AMD). PL 1983, c. 819, §A63 (AMD). PL 1985, c. 162, §7 (AMD). PL 1985, c. 479, §5 (AMD). PL 1985, c. 654 (AMD). PL 1987, c. 130 (AMD). PL 1987, c. 737, §§C90,106 (AMD). PL 1987, c. 810, §§9-11 (AMD). PL 1987, c. 812, §§2-8,18 (AMD). PL 1987, c. 864, §§1,2 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1989, c. 497, §12 (AMD). PL 1989, c. 600, §A19 (AMD). PL 1989, c. 769, §§2-4 (AMD). PL 1989, c. 890, §§A40,B85,86 (AMD). RR 1991, c. 2, §146 (COR). PL 1991, c. 160, §1 (AMD). PL 1991, c. 500, §3 (AMD). PL 1993, c. 350, §§1-3 (AMD). PL 1993, c. 366, §§1-3 (AMD). PL 1993, c. 366, §4 (AFF). PL 1993, c. 383, §§3-18 (AMD). PL 1993, c. 383, §42 (AFF). PL 1993, c. 680, §§A35,C7 (AMD). PL 1995, c. 493, §5 (AMD). PL 1995, c. 700, §§2-5 (AMD). PL 1995, c. 704, §§A3-6 (AMD). PL 1995, c. 704, §C2 (AFF). PL 1997, c. 502, §§5,6 (AMD). PL 1997, c. 603, §2 (AMD). PL 1999, c. 468, §§6-8 (AMD). PL 2005, c. 330, §18 (AMD). PL 2009, c. 615, Pt. E, §§13-16 (AMD). PL 2011, c. 653, §§16, 17 (AMD). PL 2011, c. 653, §33 (AFF). PL 2023, c. 481, §§12-14 (AMD).