Title 38, Title 38

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Fund" means the Water Quality Improvement Fund established in this section. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] 2. Fund established. The Water …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Discharge" means a release by any means, including, but not limited to, spilling, leaking, pumping, pouring, spraying, emitting, disposing, escapi…

To aid in the fulfillment of the State's role as trustee of its waters and to promote public health, safety and the general welfare, it is declared to be in the public interest that shoreland areas be subject to zoning and land use controls. Shoreland areas include those areas wi…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 815, §§3, 11 (NEW).] 1. Coastal wetlands. "Coastal wetlands" has the same meaning as in section 480‑B, subsection 2. 1-A. Basement. "Basement" means any …

For purposes of this chapter, significant river segments include the following: [PL 1985, c. 481, Pt. A, §25 (RAL).] 1. Aroostook River. The Aroostook River from St. Croix Stream in Masardis to the Masardis and T.10, R.6, W.E.L.S. townline, excluding segments in T.9, R.5, W.E.L.S…

With respect to all shoreland areas described in section 435, municipalities shall adopt zoning and land use control ordinances pursuant to existing enabling legislation, under home rule authority and in accordance with the following requirements. The deadline for municipalities …

Except as provided in subsection 4, beginning on the effective date established under subsection 5, rules adopted by the Commissioner of Conservation under Title 12, section 8867‑B apply statewide for the purpose of regulating timber harvesting and timber harvesting activities in…

1. Additional controls. In addition to the ordinances required by this chapter, municipalities may adopt zoning and land use controls applicable to other bodies of water as may be required to protect the public health, safety and general welfare and further the purposes of this a…

1. Definition. For purposes of this section, "excavation contractor" means an individual or firm engaged in a business that causes the disturbance of soil, including grading, filling and removal, or in a business in which the disturbance of soil results from an activity that the …

In addition to controls required by this chapter, municipalities may extend or adopt zoning and subdivision controls beyond the limits established by this chapter in order to protect the public health, safety and welfare and to avoid problems associated with flood plain developme…

In addition to controls required in this chapter, municipalities may extend or adopt zoning and subdivision controls to protect any public rights for physical and visual access to the shoreline. [PL 1985, c. 794, Pt. A, §9 (NEW).] Zoning ordinances adopted or extended pursuant to…

1. Appointment. In every municipality, the municipal officers shall annually by July 1st appoint or reappoint a code enforcement officer, whose job may include being a local plumbing inspector or a building official and who may or may not be a resident of the municipality for whi…

1. Consultation with state agencies. All agencies of State Government shall cooperate to accomplish the objectives of this article. To that end, the commissioner shall consult with the governing bodies of municipalities and with other state agencies to achieve the purposes of thi…

Any person who orders or conducts any activity in violation of a municipal ordinance adopted under this chapter is penalized in accordance with Title 30‑A, section 4452. [PL 1991, c. 824, Pt. A, §84 (AMD).] The Attorney General, the district attorney or municipal officers or thei…

1. Suit authorized. Any water utility, as defined in Title 35‑A, section 102, may commence a civil action for injunctive relief against an owner of property in the shoreland zone when the following conditions are met. A. A violation of a municipal shoreland zoning ordinance is al…

In addition to the guidelines adopted under section 438‑A, the following guidelines for the protection of the shorelands shall apply along significant river segments identified in section 437. These guidelines are intended to maintain the special values of these particular river …

Each municipality with shorelands along significant river segments, as identified in section 437, shall review the adequacy of the zoning on these shorelands to protect the special values cited for these river segments by the former Department of Conservation's 1982 Maine Rivers …

Municipalities are encouraged to give preference, when appropriate, to functionally water-dependent uses and may extend zoning controls to accomplish this. [PL 1985, c. 794, Pt. A, §10 (NEW).] A municipality may, within coastal shoreland areas, adopt zoning ordinances for functio…

A municipality may, within coastal shoreland areas of that municipality, adopt zoning ordinances establishing a commercial fishing and maritime activity zone. In creating that zone, the municipality shall consider at least the following: [PL 1989, c. 403, §15 (NEW).] 1. Utilizati…

After adoption of any classification by the Legislature for surface waters or tidal flats or sections thereof, it is unlawful for any person, firm, corporation, municipality, association, partnership, quasi-municipal body, state agency or other legal entity to dispose of any poll…

1. Power to grant variances. The department may grant a variance from any statutory water pollution abatement requirement, pursuant to section 414‑A, subsection 1, paragraph D, to any municipality or quasi-municipal entity, hereinafter called the "municipality," upon application …

Persons, firms, corporations, quasi-municipal corporations, municipalities, state agencies and other legal entities shall file with the commissioner information relative to their present method of collection, disposal, composition and volume of all wastes discharged by them into …

The waters of the State shall be classified in accordance with this article. [PL 1985, c. 698, §15 (NEW).] 1. Findings; objectives; purpose. The Legislature finds that the proper management of the State's water resources is of great public interest and concern to the State in pro…

The department shall have 4 standards for the classification of fresh surface waters which are not classified as great ponds. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §61 (AMD).] 1. Class AA waters. Class AA shall be the highest classification and shall be appl…

The department shall have one standard for the classification both of great ponds and of natural lakes and ponds less than 10 acres in size. Impoundments of rivers that are defined as great ponds pursuant to section 480‑B are classified as GPA or as specifically provided in secti…

The department shall have 3 standards for the classification of estuarine and marine waters. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §66 (AMD).] 1. Class SA waters. Class SA shall be the highest classification and shall be applied to waters which are outstandi…

The department shall have 2 standards for the classification of ground water. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §67 (AMD).] 1. Class GW-A. Class GW-A shall be the highest classification and shall be of such quality that it can be used for public water su…

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 698, §15 (NEW).] 1. Aquatic life. "Aquatic life" means any plants or animals which live at least part of their life cycle in fresh water. 2. As naturally…

1. Water quality criteria. To protect the sustenance fishing designated use designated under this article, the department shall calculate and establish water quality criteria for human health using a fish consumption rate of 200 grams per day and a cancer risk level of one in 1,0…

All surface waters lying within the boundaries of the State that are in river basins having a drainage area greater than 100 square miles that are not classified as lakes or ponds are classified in this section. [PL 1989, c. 764, §2 (AMD).] 1. Androscoggin River Basin. A. Androsc…

All surface waters lying within the boundaries of the State that are in basins having a drainage area less than 100 square miles that are not classified as lakes or ponds are classified in this section. [PL 1989, c. 764, §20 (AMD).] 1. Cumberland County. Those waters draining dir…

1. Cumberland County. All estuarine and marine waters lying within the boundaries of Cumberland County and that are not otherwise classified are Class SB waters. A. Cape Elizabeth. (1) Tidal waters of the Spurwink River system lying north of a line at latitude 43°-33'-44" N. - Cl…

All ground water shall be classified as not less than Class GW-A, except as otherwise provided in this section. The board may recommend to the Legislature the reclassification of any ground water, after careful consideration, public hearings and in consultation with other state a…

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 619, §1 (NEW).] 1. Nonconsumptive use. "Nonconsumptive use" means any use of water that results in the water being discharged back into the same water so…

Except as otherwise provided in this article, a person making a water withdrawal in excess of the threshold volumes established in this section shall file a water withdrawal report in accordance with section 470‑D covering the 12 months ending on the previous September 30th. The …

The following are exempt from the reporting requirements of this article: [PL 2001, c. 619, §1 (NEW).] 1. Nonconsumptive uses. Nonconsumptive uses. Dams are explicitly exempt as nonconsumptive uses, including hydropower dams licensed by the Federal Energy Regulatory Commission, s…

Unless exempted under section 470‑C, a person withdrawing more than the threshold volume of water established in this article must file an annual water withdrawal report on December 1, 2003 and on every December 1st thereafter as provided in this section. [PL 2001, c. 619, §1 (NE…

The department shall encourage and cooperate with state, regional or municipal agencies, boards or organizations in the development and adoption of regional or local water use policies that protect the environment from excessive drawdown of water sources during low-flow periods. …

The board shall adopt rules that establish water use requirements for maintaining in-stream flows and lake or pond water levels that are protective of aquatic life and other uses and that establish criteria for designating watersheds most at risk from cumulative water use. Requir…

The Legislature finds and declares that the State's rivers and streams, great ponds, fragile mountain areas, freshwater wetlands, significant wildlife habitat, coastal wetlands and coastal sand dunes systems are resources of state significance. These resources have great scenic b…

Rules adopted by the board regarding development in coastal sand dune systems are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 809, §2 (NEW).] 1. Coastal sand dune systems. "Coastal sand dune systems" means sand and gravel deposits within a marine beach system, including, but not…

The Department of Inland Fisheries and Wildlife shall adopt rules that define "significant vernal pool habitat," "high and moderate value waterfowl and wading bird habitat," "shorebird nesting, feeding and staging areas" and "habitat for state endangered and state threatened spec…

1. Prohibition. A person may not perform or cause to be performed any activity listed in subsection 2 without first obtaining a permit from the department if the activity is located in, on or over any protected natural resource or is located adjacent to any of the following: A. A…

Significant wildlife habitat as defined in section 480‑B, subsection 10 includes shorebird nesting, feeding and staging areas that are in conformance with criteria adopted by the department or are contained within another protected natural resource except as provided in this sect…

The department shall grant a permit upon proper application and upon such terms as it considers necessary to fulfill the purposes of this article. The department shall grant a permit when it finds that the applicant has demonstrated that the proposed activity meets the standards …