Me. Stat. tit. 38 § 489-C

Current through 131st (2023-2024) Legislature Chapter 684
Section 489-C - Rescission

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: [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;

[1995, c. 493, §9(AMD).]

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

[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; [1995, c. 493, §9(NEW).]
B. There are not continuing requirements; and [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. [1993, c. 383, §29(NEW).]

38 M.R.S. § 489-C

RR 1993, c. 1, § 122 (RNU) . 1993, c. 383, § 29 (NEW) . RR 1995, c. 2, § 99 (COR) . 1995, c. 493, § 9 (AMD) .