01- 670 C.M.R. ch. 3, § V

Current through 2024-51, December 18, 2024
Section 670-3-V - PRIVATE PERMITTED WATERWAY MARKERS
A.AUTHORIZATION: To place any navigational aid or regulatory marker on, in, or near waters of this State, written authorization must first be obtained through the Maine Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands, under its State Permit System.

The provisions of the above paragraph shall not apply to aids to navigation under the jurisdiction of the United States Coast Guard, nor to those aids and markers which come under the political subdivision paragraphs of this section.

B.POLITICAL SUBDIVISION AUTHORITY: Title 12 MRSA §1894; If the Bureau of Parks and Lands, after written request from the governing body of any city or town, either declines to mark a waterway or is unable to mark a waterway, then the governing body of the city or town may mark hazards to boating on that waterway within its jurisdiction. The Bureau of Parks and Lands shall be deemed to have declined to mark a particular waterway if the Bureau does not respond to a written request within thirty (30) days of its receipt.

The Bureau of Parks and Lands may at any time reverse a decision not to mark a certain waterway or portion of that waterway and replace any existing markings in accordance with the rules of uniform marking promulgated by the Bureau.

C.PRIVATE PERMITTED NAVIGATIONAL AIDS AND REGULATORY MARKERS: A Lake Association, organization or political subdivision may be authorized by State Permit to construct, place, and maintain aids to navigation and/or regulatory markers in/on State waters.

Those desiring a State Permit must comply with the following regulations:

1. Obtain form WM-11 from the State Bureau of Parks and Lands, Navigational Aids Program;
2. All markers must conform to the Maine State Aids To Navigation System Rules and Regulations; Regulations governing specific markers can be found in Section III and IV of these Regulations.
3.Inspection - All permitted waterway markers shall be maintained in proper condition and location, or be replaced or removed. The organization shall inspect the location and condition of markers regularly, at least every three (3) weeks, to assure they are in position, and keep a record of these verifications. Failure to keep written verifications shall be sufficient reason for the cancellation of this permit and removal of markers.

01- 670 C.M.R. ch. 3, § V