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Maine Revised Statutes Title 38. Waters and Navigation § 484-A. Unlicensed pits; temporary licensing exemption

Current as of January 01, 2025 | Updated by Findlaw Staff

If a borrow pit was between 5 and 30 acres on October 1, 1993 and was not licensed as required under this article, its owner or operator is not required to obtain a license under this article if:

1. Notice of intent to comply. Pursuant to section 490-C, the owner or operator of the pit files a notice of intent to comply no later than:

A. April 1, 1995, for pits having reclaimed or unreclaimed areas that drain externally or having reclaimed or unreclaimed areas where internal drainage is achieved with berms or other structures; or

B. October 1, 1995, for pits where all reclaimed and unreclaimed lands are naturally internally drained; and

2. Adherence to compliance schedule. By October 1, 1996:

A. All reclaimed and unreclaimed areas that were not naturally internally drained on October 1, 1993 are stabilized or reclaimed;

B. All other conditions existing on October 1, 1993 comply with the performance standards under article 7;  1 and

C. All activities conducted after filing a notice of intent to comply are conducted in compliance with article 7.

An unlicensed borrow pit of 5 or more acres is in violation of this article if the owner or operator of that pit does not file a notice of intent to comply under subsection 1. The written enforcement policy for responding to violations referred to in section 343-C, subsection 1 does not apply to the owner or operator of an excavation regulated under article 7.

1 38 M.R.S.A. § 490-A et seq.
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Cite this article: FindLaw.com - Maine Revised Statutes Title 38. Waters and Navigation § 484-A. Unlicensed pits; temporary licensing exemption - last updated January 01, 2025 | https://codes.findlaw.com/me/title-38-waters-and-navigation/me-rev-st-tit-38-sect-484-a/

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