01- 670 C.M.R. ch. 53, § 1.4
For purposes of these Rules, the following definitions shall apply:
"Bureau" means the Maine State Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands.
"Commercial fisherman" means a person whose livelihood depends upon the harvesting of shellfish, finfish or other natural, renewable products of the sea, including those products produced by aquaculture.
"Commercial fishing" means any activity involving the landing or processing of shellfish, finfish or other natural, renewable products of the sea, or other activities, including aquaculture, directly related to landing or processing shellfish, finfish or natural sea products and loading or selling these products. Commercial fishing also includes facilities which are directly involved in commercial fishing activities, including but not limited to, fish piers, lobster impoundments, fish processing facilities, fuel and ice facilities, berthing for fishing boats, and floats or piers for the storage of gear.
"Commercial marine activities" means water-dependent commerce and industry.
"Complete application" means an application for a Submerged Lands lease or easement for which all application processing fees have been paid and for which all information required of the applicant and necessary for the determination of preliminary findings has been submitted. Information required of the applicant shall include, but not be limited to sufficient proof of right, title or interest in adjacent shoreland property, a description of the proposed project, and a site plan of sufficient detail to allow accurate determination of the area of Submerged Lands to be occupied by the project.
"Conveyance" means a lease or easement issued by the Bureau conveying a right to limited use of Submerged Lands for some specific and defined purpose for a fixed period of time.
"Director" means the Director of the Bureau.
"Fill" means the placement of solid material other than pilings or other open support structures upon Submerged Lands.
"Littoral zone" means the area of Submerged Lands adjacent to shoreland property within which the property owner may request permission for a lease or easement, subject to review by the State and in accordance with applicable laws and rules.
"Mean Low Water" means the arithmetic mean of the low water heights observed over a specific 19-year metronic cycle (National Tidal Datum Epoch) as defined by the National Oceanic and Atmospheric Administration. For purposes of these Rules, an approximation of mean-low water made by observation of low tide during a 0.00 foot tide will generally be sufficient.
For unimpounded lakes, the "natural low-water mark" is the average low-water mark as estimated over a 5-year period. For impounded lakes, "the natural low-water mark" is the estimated low-water mark of the lake in an unimpounded state.
"Non-permanent" means uses which occupy Submerged Lands for less than seven months in any one calendar year.
"Permanent" means uses which occupy Submerged Lands during seven or more months in any one calendar year.
"Pipelines, cables and similar linear structures" means any structure that is less than one foot (12 inches) in total width.
"Port facility" means structures necessary for water borne commerce which are used for the purposes of loading and unloading cargo or passengers.
"Public access way" means an area or strip of land used for passage by the general public to Submerged Lands. The Bureau recognizes that such access ways can be established by a variety of legal means, including but not limited to custom, prescription, implied dedication, acquiescence, laying out and acceptance, dedication and acceptance, purchase or gift, or tax acquired property.
For the purpose of determining specific uses of publicly owned Submerged Lands which may take place without the need for a lease or easement, "Public trust rights" means transitory fishing, fowling, recreation, navigation and other customary or traditional uses whereby the public may use or enjoy the waters, Submerged Lands, and associated natural resources of the State of Maine. This definition should not be construed to be a complete definition of "Public trust rights" nor is it meant to be used for any other purpose than that stated herein.
"Slip space" means the area adjacent to a pier or float that is used for berthing a boat. For purposes of computing the area of a Submerged Lands lease, slip space shall include the finger floats which are immediately adjacent to the berthing area and are used solely for access to and from berthed vessels. Slip space does not include principal piers or floats which provide access to finger floats. If no finger floats are present and vessels berth adjacent to a principal pier or a general service area, only the space occupied by the vessel is considered slip space.
"Structure" means any object built or placed upon Submerged Lands.
"Submerged Lands" means:
"Upland uses" means uses that can operate in a location other than on Submerged Lands. Such facilities shall include, but are not limited to, residences, offices, restaurants and parking lots.
"Water-dependent uses" means uses that are functionally dependent for their primary purpose on a waterfront location and cannot reasonably be located or operated on an upland site. Such facilities shall include, but not be limited to, piers and docks, port facilities, boat ramps, shipping and ferry terminals, tug and barge facilities, businesses that are engaged in watercraft construction, maintenance or repair, aquariums and marinas.
01- 670 C.M.R. ch. 53, § 1.4