Title 30-A: MUNICIPALITIES AND COUNTIES

Part 2: MUNICIPALITIES

Subpart 6-A: PLANNING AND LAND USE REGULATION

Chapter 187: PLANNING AND LAND USE REGULATION

Subchapter 6: MUNICIPAL REGULATION OF WATER LEVELS AND MINIMUM FLOWS

§4455. Registration for authority to regulate

Prior to regulating a water level regime or minimum flow on any impounded body of water, a municipality shall adopt an ordinance and submit that ordinance to the Commissioner of Environmental Protection for review and approval. An ordinance adopted under this section must include:   [PL 1993, c. 370, §1 (NEW).]

1.  Substance of state law.  All substantive provisions of Title 38, chapter 5, subchapter 1, article 3‑A. The ordinance may not allow a municipality to establish a water level regime or minimum flow requirements for any dam listed in Title 38, section 840, subsection 1, paragraphs A to D; and  

[PL 1993, c. 370, §1 (NEW).]

2.  Commissioner as petitioner.  Provisions allowing the Commissioner of Environmental Protection and any municipality downstream of the impoundment to petition the municipality for an adjudicatory hearing.  

[PL 1993, c. 370, §1 (NEW).]

An ordinance adopted under this subchapter may establish a fee for adjudicatory hearings conducted by the municipality.   [PL 1993, c. 370, §1 (NEW).]

SECTION HISTORY

PL 1993, c. 370, §1 (NEW).