Maine § 38 §902 Consultation process

Maine Statutes

§ 38 §902 — Consultation process

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

1.Consultation required. Within 210 days of filing a petition pursuant to section 901, a dam owner shall consult with the persons and entities listed in subsection 3 to determine whether any of them wish to assume ownership of the dam. During the consultation period, the dam owner must meet with the department, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the Maine Emergency Management Agency to review the information provided in the petition submitted pursuant to section 901, subsection 1. During consultation with each person or group of persons, the owner shall explain the process set forth in this article and shall inform the person or group that the department may issue an order requiring release of the water impounded by the dam if a new own

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1.
Consultation required.
Within 210 days of filing a petition pursuant to section 901, a dam owner shall consult with the persons and entities listed in subsection 3 to determine whether any of them wish to assume ownership of the dam. During the consultation period, the dam owner must meet with the department, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the Maine Emergency Management Agency to review the information provided in the petition submitted pursuant to section 901, subsection 1. During consultation with each person or group of persons, the owner shall explain the process set forth in this article and shall inform the person or group that the department may issue an order requiring release of the water impounded by the dam if a new owner is not located. A dam owner may meet the obligation to consult with property owners by holding a public meeting and consulting with the persons who appear at that meeting, as long as notice has been sent to each property owner as required in section 901.
1-A.
Extension of consultation period.
The consultation period under subsection 1 must be extended for an additional 210 days if:
2.
Timing of consultation.
Consultation prior to the filing of a petition meets the requirements of subsection 1 only if the dam owner, during the consultation, disclosed an intent to file a petition under this article and provided the information required in subsection 1.
3.
Parties to consultation.
The following persons must be consulted as provided in subsection 1:
4.
Report on notice compliance.
The dam owner shall file a report with the department within 210 days of filing a petition that includes:
4-A.
Report on consultation process.
The dam owner shall file a report with the department within 210 days of filing a petition or before the conclusion of an extension to the consultation period granted pursuant to subsection 1‑A that includes:
5.
Evaluation of report.
If the department determines, after reviewing the report, that the dam owner has not complied with the requirements of section 901 or this section, the department shall allow the dam owner a reasonable period of time to correct the deficiency. The department shall reject the petition if:

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Legislative History

PL 1995, c. 630, §3 (NEW). RR 1997, c. 2, §64 (COR). PL 1997, c. 789, §§1-3 (AMD). PL 1997, c. 789, §5 (AFF). PL 2011, c. 657, Pt. W, §6 (REV). RR 2013, c. 2, §48 (COR). PL 2025, c. 226, §§2-6 (AMD).