Maine § 38 §490-OO Mining permit; application procedure

Maine Statutes

§ 38 §490-OO — Mining permit; application procedure

Maine § 38 §490-OO

Title 38WATERS AND NAVIGATION

Ch. 3PROTECTION AND IMPROVEMENT OF WATERS

This text of Maine § 38 §490-OO (Mining permit; application procedure) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 38, § 38 §490-OO (2026).

Text

1.Permit required. A person may not engage in mining without a permit issued by the department under this article.

2.Application procedure. An application for a mining permit must be submitted to the department in a format to be developed by the department. The application must include the following:

3.Permit issuance if violation exists. A mining permit may not be issued or transferred to a person if the department has determined that person to be in violation of this article, rules adopted under this article, a mining permit, an order of the department issued pursuant to this article or any other state law, rule, permit or order that the department determines through rulemaking is relevant to the issuance or transfer of a mining permit unless the person has corrected the violation or

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1.
Permit required.
A person may not engage in mining without a permit issued by the department under this article.
2.
Application procedure.
An application for a mining permit must be submitted to the department in a format to be developed by the department. The application must include the following:
3.
Permit issuance if violation exists.
A mining permit may not be issued or transferred to a person if the department has determined that person to be in violation of this article, rules adopted under this article, a mining permit, an order of the department issued pursuant to this article or any other state law, rule, permit or order that the department determines through rulemaking is relevant to the issuance or transfer of a mining permit unless the person has corrected the violation or the person has agreed in a judicially enforceable document to correct the violation pursuant to a compliance schedule approved by the department.
4.
Criteria for approval.
Except as provided for in subsection 3, the department shall approve a mining permit whenever it finds the following.
5.
Permit coordination.
If a person submits an application for a mining permit under this article and an application to the department for any other permit required pursuant to section 490‑NN, subsection 1, the department shall process the applications in a coordinated fashion and issue a joint decision. The coordinated permit process must include consolidation of public hearings.
6.
Public and local participation.
In addition to provisions for public participation pursuant to Title 5, chapter 375 and department rules relating to public participation in the processing of applications, the following provisions apply to an application for a mining permit.

Legislative History

PL 2011, c. 653, §23 (NEW). PL 2011, c. 653, §33 (AFF). PL 2013, c. 405, Pt. C, §22 (AMD). PL 2017, c. 142, §§7, 8 (AMD). RR 2025, c. 1, Pt. A, §62 (COR).