Maine § 38 §636 Approval criteria

Maine Statutes

§ 38 §636 — Approval criteria

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

The department shall approve a project when it finds that the applicant has demonstrated that the following criteria have been met.

1.Financial capability. The applicant has the financial capability and technical ability to undertake the project. In the event that the applicant is unable to demonstrate financial capability, the department may grant the permit contingent upon the applicant's demonstration of financial capability prior to commencement of the activities permitted.

2.Safety. The applicant has made adequate provisions for protection of public safety.

3.Public benefits. The project will result in significant economic benefits to the public, including, but not limited to, creation of employment opportunities for workers of the State.

4.Traffic movement. The applicant has made

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The department shall approve a project when it finds that the applicant has demonstrated that the following criteria have been met.
1.
Financial capability.
The applicant has the financial capability and technical ability to undertake the project. In the event that the applicant is unable to demonstrate financial capability, the department may grant the permit contingent upon the applicant's demonstration of financial capability prior to commencement of the activities permitted.
2.
Safety.
The applicant has made adequate provisions for protection of public safety.
3.
Public benefits.
The project will result in significant economic benefits to the public, including, but not limited to, creation of employment opportunities for workers of the State.
4.
Traffic movement.
The applicant has made adequate provisions for traffic movement of all types out of or into the development area.
5.
Maine Land Use Planning Commission.
Within the jurisdiction of the Maine Land Use Planning Commission, the project is consistent with zoning adopted by the commission. This criterion does not apply to any project that uses tidal or wave action as a source of electrical or mechanical power.
6.
Environmental mitigation.
The applicant has made reasonable provisions to realize the environmental benefits of the project, if any, and to mitigate its adverse environmental impacts.
7.
Environmental and energy considerations.
The advantages of the project are greater than the direct and cumulative adverse impacts over the life of the project based upon the following considerations:
8.
Water quality.
There is reasonable assurance that the project will not violate applicable state water quality standards, including the provisions of section 464, subsection 4, paragraph F, as required for water quality certification under the United States Water Pollution Control Act, Section 401. This finding is required for both the proposed impoundment and any affected classified water bodies downstream of the proposed impoundment.

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Legislative History

PL 1983, c. 458, §18 (NEW). PL 1985, c. 772, §§3,4 (AMD). PL 1989, c. 309, §§5-8 (AMD). PL 1989, c. 890, §§A40,B187- 190 (AMD). PL 1995, c. 406, §15 (AMD). PL 1999, c. 401, §BB19 (AMD). PL 2009, c. 270, Pt. D, §7 (AMD). PL 2009, c. 561, §39 (AMD). PL 2009, c. 615, Pt. F, §4 (AMD). PL 2011, c. 682, §38 (REV).