CHAPTER 164
H.P. 595 - L.D. 786
An Act to Increase the Department of Marine Resources' Involvement in Dredge Permitting
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §480-D, sub-§9, as enacted by PL 1989, c. 656, §3, is amended to read:
9. Dredging. If the proposed activity involves dredging, dredge spoils disposal or transporting dredge spoils by water, the applicant shall demonstrate that the transportation route minimizes adverse impacts on the fishing industry and that the disposal site is geologically suitable. The department shall consult with the Department of Marine Resources in assessing the impacts on the fishing industry. The Commissioner of Marine Resources shall provide the department with an assessment of the impacts on the fishing industry of a proposed dredging operation in the coastal wetlands. The assessment must consider impacts to the area to be dredged and impacts to the fishing industry of a proposed route to transport dredge spoils to an ocean disposal site. The Commissioner of Marine Resources must hold a public hearing on the proposed dredging operation within at least one of the municipalities in which the dredging operation would take place. In making its determination under this subsection, the department must take into consideration the assessment provided by the Commissioner of Marine Resources. The permit must include a requirement that require the applicant publish the approved transportation route of the dredge spoils in a newspaper of general circulation in the area adjacent to the route. to:
A. Clearly mark or designate the dredging area, the spoils disposal route and the transportation route;
B. Publish in a newspaper of general circulation in the area adjacent to the route the approved transportation route of the dredge spoils; and
C. Publish in a newspaper of general circulation in the area adjacent to the route a procedure that the applicant will use to respond to inquiries regarding the loss of fishing gear during the dredging operation.
Sec. 2. Application. This Act applies to permit applications filed with the Department of Environmental Protection on or after the effective date of this Act.
See title page for effective date.
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