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PUBLIC LAWS OF MAINE
First Special Session of the 118th

CHAPTER 240
S.P. 409 - L.D. 1330

An Act to Ensure Adequate Review of Maintenance Dredging

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 38 MRSA §480-E, sub-§§7 and 8 are enacted to read:

     7. Individual permit; maintenance dredging. Notwithstanding section 344, subsection 7, an individual permit or consistency determination issued by the department pursuant to this article is required for maintenance dredging if the amount of material to be dredged exceeds 50,000 cubic yards.

Notwithstanding section 480-X, if an analysis of alternatives to the dredging project has been completed by the applicant within the previous 10 years pursuant to section 480-X and rules adopted to implement that section as part of an individual permit application, the applicant may update the previous analysis for purposes of obtaining a permit for maintenance dredging under this subsection.

     8. Permit by rule; maintenance dredging. Maintenance dredging may be performed with a permit by rule only if the applicant has been issued an individual permit for dredging in the same location within the last 10 years.

Effective September 19, 1997, unless otherwise indicated.

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