Section 12806 - State and local cooperation1. Review. A state agency or municipal government may not permit, license, fund or carry out projects that will:A. Significantly alter the habitat identified under section 12804, subsection 2 of any species designated as threatened or endangered under this subchapter; or [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]B. Violate protection guidelines set forth in section 12804, subsection 3. [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).] The commissioner shall make information under section 12804 available to all other state agencies and municipal governments for the purposes of review.
[2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]
2.Variance. Notwithstanding subsection 1, state agencies and municipal governments may grant a variance from this section provided that: A. The commissioner certifies that the proposed action would not pose a significant risk to any population of endangered or threatened species within the State; and [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]B. A public hearing is held on the proposed action. [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).] [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]
3.Pending applications. Notwithstanding Title 1, section 302, applications pending at the time of adoption of habitats and guidelines under section 12804, subsections 2 and 3 are governed by this section. [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]
2003, c. 414, §A2 (NEW) . 2003, c. 414, §D7 (AFF) . 2003, c. 614, § 9 (AFF) .