Maine § 38 §633 Prohibition

Maine Statutes

§ 38 §633 — Prohibition

Maine·Title 38 WATERS AND NAVIGATION·Ch. 5 GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS

1.Permit required. A person may not initiate construction or reconstruction of a hydropower project, or structurally alter a hydropower project in ways that change water levels or flows, without first obtaining a permit from the department.

2.Exceptions. This subarticle does not apply to activities for which, prior to the effective date of this Act, a permit or permits have been issued pursuant to any of the following laws: Land use regulation laws, Title 12, sections 681 to 689; stream alteration laws, former sections 425 to 430; great ponds laws, former sections 391 to 394; alteration of coastal wetlands laws, former sections 471 to 478; site location of development laws, sections 481 to 489‑E; and small hydroelectric generating facilities laws, this subarticle.

3.Exemptions. Normal m

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1.
Permit required.
A person may not initiate construction or reconstruction of a hydropower project, or structurally alter a hydropower project in ways that change water levels or flows, without first obtaining a permit from the department.
2.
Exceptions.
This subarticle does not apply to activities for which, prior to the effective date of this Act, a permit or permits have been issued pursuant to any of the following laws: Land use regulation laws, Title 12, sections 681 to 689; stream alteration laws, former sections 425 to 430; great ponds laws, former sections 391 to 394; alteration of coastal wetlands laws, former sections 471 to 478; site location of development laws, sections 481 to 489‑E; and small hydroelectric generating facilities laws, this subarticle.
3.
Exemptions.
Normal maintenance and repair of an existing and operating hydropower project shall be exempt from this subarticle, provided that:

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Legislative History

PL 1983, c. 458, §18 (NEW). PL 1987, c. 402, §A203 (AMD). PL 1989, c. 878, §G8 (AMD). PL 1989, c. 890, §§A40, B182 (AMD). PL 2007, c. 160, §2 (AMD). PL 2011, c. 653, §24 (AMD). PL 2011, c. 653, §33 (AFF).