Maine Revised Statutes Title 38 Sec. 489-C – Rescission
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The commissioner shall rescind a permit upon request and application of the permittee if no outstanding permit violation exists, the development is not continued or completed and the following requirements are met: [PL 1995, c. 493, §9 (AMD).]
1. Development other than a subdivision. The permittee has not constructed or caused to be constructed, or operated or caused to be operated, a development other than a subdivision as defined at the time of permit issuance;
[PL 1995, c. 493, §9 (AMD).]
Terms Used In Maine Revised Statutes Title 38 Sec. 489-C
- Deed: The legal instrument used to transfer title in real property from one person to another.
- development: means any federal, state, municipal, quasi-municipal, educational, charitable, residential, commercial or industrial development that:
A. See Maine Revised Statutes Title 38 Sec. 482Reclamation: means the rehabilitation of the area of land affected by mining under a plan approved by the department, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest and the enhancement of wildlife and aquatic resources, but not including the filling in of pits and the filling or sealing of shafts and underground workings with solid materials unless necessary for protection of ground water or safety. See Maine Revised Statutes Title 38 Sec. 482 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
2. Subdivision. If the development is a subdivision, the permittee has not sold or leased or caused to be sold or leased more than 4 lots; or
[PL 1995, c. 493, §9 (AMD).]
3. Reclamation following borrow, clay or topsoil mining. If the permittee has constructed or caused to be constructed, or operated or caused to be operated a development consisting of an excavation of more than 5 acres of land for borrow, topsoil, clay or silt, whether alone or in combination, and the department determines that:
A. The affected area has been successfully reclaimed; [PL 1995, c. 493, §9 (NEW).]
B. There are not continuing requirements; and [PL 1995, c. 493, §9 (NEW).]
C. There will be no additional mining for borrow, clay or topsoil by the permittee or any transferee at any time as provided by deed covenants enforceable by the department. [RR 1995, c. 2, §99 (COR).]
[RR 1995, c. 2, §99 (COR).]
A rescission is considered a minor revision. [PL 1993, c. 383, §29 (NEW).]
SECTION HISTORY
RR 1993, c. 1, §122 (RNU). PL 1993, c. 383, §29 (NEW). PL 1995, c. 493, §9 (AMD). RR 1995, c. 2, §99 (COR).