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United States — Maine Act or statute

United States — Maine legislation

Maine Revised Statutes, Title 38, § 635: Department decision, 1983

The department must act on a properly completed application by approving the project with reasonable protective terms, disapproving it in writing, or scheduling a hearing.

Source excerpt

hearing procedurehydropower project approvalproject conditions
Jurisdiction
United States — Maine
Structure
1 provisions
Official identity
Year 1983
Dates
Enacted 1983 · Source version 1 Oct 2025
More statute details
Dates
Enacted 1983 · Source version 1 Oct 2025
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“The department must act on a properly completed application by approving the project with reasonable protective terms, disapproving it in writing, or scheduling a hearing.”

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    Enacted 1983 · Source version 1 Oct 2025. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Department decision

The department must act on a properly completed application by approving the project with reasonable protective terms, disapproving it in writing, or scheduling a hearing.

Section 635

04

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Source record from legislature.maine.gov · Enacted 1983 · Source version 1 Oct 2025

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§ 635Department decisionProvision

Source excerpt

The department must act on a properly completed application by approving the project with reasonable protective terms, disapproving it in writing, or scheduling a hearing.

Upon receipt of a properly completed application, the department shall: [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).] 1. Approval. Approve the proposed project upon such terms and conditions as are appropriate and reasonable to protect and preserve the environment and the public's health, safety and general welfare, including the public interest in replacing oil with hydroelectric energy. These terms and conditions may include, but are not limited to: A. Establishment of a water level range for the body of water impounded by a hydropower project; [PL 1983, c. 458, §18 (NEW).] B. Establishment of instantaneous minimum flows for the body of water affected by a hydropower project; and [PL 1983, c. 458, §18 (NEW).] C. Provision for the construction and maintenance of fish passage facilities. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).] When the proposed project involves maintenance, reconstruction or structural alteration at an existing hydropower project and when the proposed project will not alter historic water levels or flows after its completion, the department may impose temporary terms and conditions of approval relating to paragraph A or paragraph B but may not impose permanent terms and conditions that alter historic water levels or flows; [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).] 2. Disapproval. Disapprove the proposed project setting forth in writing the reasons for the disapproval; or [PL 1983, c. 458, §18 (NEW).] 3. Hearing. Schedule a hearing on the proposed project. Any hearing held under this subsection must follow the notice requirements and procedures for an adjudicatory hearing under Title 5, chapter 375, subchapter IV. After a hearing is held under this subsection, the department shall make findings of facts and issue an order approving or disapproving the proposed project, as provided in subsections 1 and 2. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).]
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  • 1 Oct 2025 · currentEnglish

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