§ 38 §486-B — General permit authority; Department of Transportation and Maine Turnpike Authority developments

Maine § 38 §486-B

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 3: PROTECTION AND IMPROVEMENT OF WATERS

Text

1.
Authorization.
The department may issue a general permit for all or a subclass of developments constructed or caused to be constructed or operated or caused to be operated by the Department of Transportation or the Maine Turnpike Authority that require approval pursuant to this article.
2.
Standards.
A development authorized by a general permit is required to meet all applicable requirements under and rules adopted pursuant to this article. In a general permit the department may:
3.
Review.
The department may approve:
4.
Procedure.
Procedures for a general permit under this section include:
5.
Approval.
A development authorized under a general permit is considered to be approved by the department upon approval by the department of a notice of intent under subsection 4, paragraph A. The permit must include the text of the general permit and the department’s approval of the notice of intent under subsection 4. The department may condition its approval of the notice of intent as necessary to ensure compliance with standards under a general permit.
6.
Fee.
The department may not charge a fee for processing and approval of a notice of intent under subsection 4, paragraph A.
7.
Modification of general permit.
Notwithstanding section 341‑D, the department may modify a general permit through notification of the Department of Transportation or the Maine Turnpike Authority. The department shall modify a general permit whenever rules adopted pursuant to this article are enacted or modified and may modify a general permit as otherwise necessary to provide for efficient administration and conformance with department standards.
8.
Modification of notice of intent.
The department shall provide for application and approval of modification of the notice of intent in any general permit.

Legislative History

PL 2009, c. 293, §3 (NEW).