Maine Code § 38-2007

Powers
Open in Lexace · Ask the AI about this section
A watershed district has the following powers. [PL 1987, c. 711 (NEW).]
1. General. Any district organized under this chapter may sue and be sued; make contracts; accept
gifts, purchase, lease, devise or otherwise acquire, hold or dispose of real or personal property; disburse
money; contract debt; adopt rules; and do such other acts as necessary to carry out the purposes of the
district.
[PL 1987, c. 711 (NEW).]
2. Security required. The district may require that a contracting party give adequate security to
assure performance of the contract and to pay all damages which may arise from inadequate
performance.
[PL 1987, c. 711 (NEW).]
3. Responsibilities. The district is responsible for those activities listed in the declaration of
district responsibilities as approved in accordance with section 2002. The activities are limited to the
following:
A. Initiating and coordinating research and surveys for the purpose of gathering data on wetlands,
water bodies, related shorelands and watersheds within the territory of the district; [PL 1993, c.
721, Pt. E, §4 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]
B. Planning natural resource restoration projects; [PL 1993, c. 721, Pt. E, §4 (AMD); PL 1993,
c. 721, Pt. H, §1 (AFF).]
C. Contacting and attempting to secure the cooperation of municipal officials and state agencies
for the purpose of enacting and enforcing ordinances and regulations necessary to further the
purposes of the district; [PL 1987, c. 711 (NEW).]
D. Adopting and implementing natural resource protection, management and restoration plans;
[PL 1993, c. 721, Pt. E, §4 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]
E. Adopting and implementing plans and programs to facilitate coordination of water level
management and surface water use on great ponds within the territory of the district; and [PL
1993, c. 721, Pt. E, §4 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]
F. Entering into agreements with a municipality or group of municipalities that are wholly or
partially within the district to administer the land use ordinances of that municipality or group of
municipalities. [PL 1993, c. 721, Pt. E, §4 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).]
[PL 1993, c. 721, Pt. E, §4 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]
4. Limits on jurisdiction. The limits on jurisdiction regarding the regulation of water level are as
follows.
A. The district has no authority to set a water level regime for a body of water impounded by a
dam that is exempt, under section 840, subsection 1, from the authority of the commissioner to set
water level regimes. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §287 (AMD).]
B. The district's authority to set a water level regime for any water body within its boundaries and
over any dams within its boundaries is subordinate to the authority of a municipality under Title
30-A, chapter 187, subchapter VI and to the authority of the Department of Environmental
Protection under chapter 5, subchapter I, article 1, subarticle 1-B, article 3-A and article 4. [PL
1993, c. 721, Pt. E, §5 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]
[PL 1993, c. 721, Pt. E, §5 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.