LD 709
pg. 1
LD 709 Title Page An Act To Require Public Hearings prior to State Agreements for Dam Removal ... LD 709 Title Page
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LR 1133
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, dams in this State may be removed without appropriate
and sufficient public input; and

 
Whereas, in the judgment of the Legislature, these facts
create an emergency within the meaning of the Constitution of
Maine and require the following legislation as immediately
necessary for the preservation of the public peace, health and
safety; now, therefore,

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

 
Sec. 1. 38 MRSA c. 5, sub-c. 1, art. 7 is enacted to read:

 
Article 7

 
PUBLIC PROCESS FOR DAM REMOVAL

 
§921.__Notice and public hearing

 
When a dam in this State is proposed to be removed, the dam
owner shall file a notice with the commissioner and the
commissioner shall hold a public hearing on the proposed
removal in the community in which the dam is located.__To the
extent the commissioner has authority under this Title or
under other law to take action on the proposed removal, the
commissioner may not take action in accordance with that
authority unless a public hearing under this section is held.

 
Sec. 2. Retroactivity. This Act applies retroactively to January
1, 1996.

 
Sec. 3. Application. This Act applies to dams that are not removed
as of the effective date of this Act.

 
Emergency clause. In view of the emergency cited in the
preamble, this Act takes effect when approved.

 
SUMMARY

 
This bill requires the Department of Environmental
Protection to hold a public hearing before a dam is removed.


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