1. Review. A state agency or municipal government may not permit, license, fund or carry out projects that will:
A. Significantly alter the habitat identified under section 12804, subsection 2 of any species of fish or wildlife designated as threatened or endangered under this subchapter; or [PL 2025, c. 706, §27 (AMD).]
B. Violate protection guidelines set forth in section 12804, subsection 3. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
The commissioner shall make information under section 12804 available to all other state agencies and municipal governments for the purposes of review.
2. Variance. Notwithstanding subsection 1, state agencies and municipal governments may grant a variance from this section provided that:
A. The commissioner certifies that the proposed action would not pose a significant risk to any population of endangered fish or wildlife species or threatened fish or wildlife species within the State; and [PL 2025, c. 706, §28 (AMD).]
B. A public hearing is held on the proposed action. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3. Pending applications. Notwithstanding Title 1, section 302, applications pending at the time of adoption of habitats and guidelines under section 12804, subsections 2 and 3 are governed by this section.