§489-C. Rescission
The commissioner shall rescind a permit upon request and application of the permittee if no outstanding permit violation exists, the development is not continued or completed and the following requirements are met:
[PL 1995, c. 493, §9 (AMD).]
1.
Development other than a subdivision.
The permittee has not constructed or caused to be constructed, or operated or caused to be operated, a development other than a subdivision as defined at the time of permit issuance;
[PL 1995, c. 493, §9 (AMD).]
2.
Subdivision.
If the development is a subdivision, the permittee has not sold or leased or caused to be sold or leased more than 4 lots; or
[PL 1995, c. 493, §9 (AMD).]
3.
Reclamation following borrow, clay or topsoil mining.
If the permittee has constructed or caused to be constructed, or operated or caused to be operated a development consisting of an excavation of more than 5 acres of land for borrow, topsoil, clay or silt, whether alone or in combination, and the department determines that:
A.
The affected area has been successfully reclaimed;
[PL 1995, c. 493, §9 (NEW).]
B.
There are not continuing requirements; and
[PL 1995, c. 493, §9 (NEW).]
C.
There will be no additional mining for borrow, clay or topsoil by the permittee or any transferee at any time as provided by deed covenants enforceable by the department.
[RR 1995, c. 2, §99 (COR).]
[RR 1995, c. 2, §99 (COR).]
A rescission is considered a minor revision.
[PL 1993, c. 383, §29 (NEW).]
SECTION HISTORY
RR 1993, c. 1, §122 (RNU). PL 1993, c. 383, §29 (NEW). PL 1995, c. 493, §9 (AMD). RR 1995, c. 2, §99 (COR).