Maine Revised Statutes Title 37-B Sec. 1126 – Access and notification
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1. Department access. A state dam inspector and any department staff member must have full access to any dam site under the commissioner‘s jurisdiction for the purpose of conducting an inspection or enforcing an order under this chapter subject to the Maine Rules of Civil Procedure, Rule 80E.
[PL 2001, c. 460, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 37-B Sec. 1126
- Commissioner: means the Commissioner of Defense, Veterans and Emergency Management. See Maine Revised Statutes Title 37-B Sec. 1111
- Dam: means any artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts water, and that:
A. See Maine Revised Statutes Title 37-B Sec. 1111Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Person: means any individual, firm, association, partnership, corporation, trust, municipality, quasi-municipal corporation, state department, federal department or other legal entity. See Maine Revised Statutes Title 37-B Sec. 1111
2. Owners, lessees; necessary access. The owners, lessees or persons in control of a dam must have access over land abutting the dam site owned by others if the access, including the passage of vehicles, machinery and equipment, is reasonably necessary to comply with an order issued under this chapter. In passing over land owned by abutters, the owners, lessees or persons in control of a dam shall make every effort to minimize the intrusion, shall restore the land to its preexisting condition to the maximum extent practicable and are liable to the abutters for all property damage caused by their activities on the abutters’ land. The abutters may not be held liable to any person for any personal injuries or property damage arising from the crossing of their land by the owners, lessees or persons in control of a dam.
[PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).