Maine § 38 §903 Assessment of public value of dam

Maine Statutes

§ 38 §903 — Assessment of public value of dam

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

1.Notification of agencies. If a new owner was not located during the consultation process and the department has not rejected the petition, the department shall immediately notify the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Department of Agriculture, Conservation and Forestry and the Maine Emergency Management Agency that an assessment of public value for the dam may be required.

2.Evaluation of fisheries and wildlife value. Within 90 days of receiving notice under subsection 1, the Department of Inland Fisheries and Wildlife shall review the following factors and determine whether the best interest of the public requires that department to assume ownership of the dam: 2-A. Evaluation of marine resources value. Within 90 days of receiving not

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1.
Notification of agencies.
If a new owner was not located during the consultation process and the department has not rejected the petition, the department shall immediately notify the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Department of Agriculture, Conservation and Forestry and the Maine Emergency Management Agency that an assessment of public value for the dam may be required.
2.
Evaluation of fisheries and wildlife value.
Within 90 days of receiving notice under subsection 1, the Department of Inland Fisheries and Wildlife shall review the following factors and determine whether the best interest of the public requires that department to assume ownership of the dam:
2-A.
Evaluation of marine resources value.
Within 90 days of receiving notice under subsection 2, the Department of Marine Resources shall review the following factors and determine whether the best interest of the public requires that department to assume ownership of the dam:
3.
Evaluation of public recreational value.
Within 90 days of receiving notice under subsection 2‑A, the Department of Agriculture, Conservation and Forestry shall review the following factors and determine whether the best interest of the public requires that department to assume ownership of the dam:
4.
Evaluation of public safety value.
Within 90 days of receipt of notice under subsection 3, the Maine Emergency Management Agency shall review the following factors and determine whether the best interest of the public requires that agency to assume ownership of the dam:
5.
Additional consultations required.
If the Maine Emergency Management Agency pursuant to subsection 4 determines that the best interest of the public does not require it to assume ownership of the dam, within 60 days of receiving notice of that determination, the department shall notify the dam owner that, pursuant to subsections 2 to 4, no agency has determined that the best interest of the public requires it to assume ownership of the dam. Upon receipt of such notification from the department, the dam owner, as directed by the department, shall consult again with the parties listed in section 902, subsection 3, paragraphs A, C and D to determine whether any of those parties wish to assume ownership of the dam, ensuring that those parties are provided with information regarding the agency determinations under this section.