Section 670-53-1.5 - USES REQUIRING A CONVEYANCEA.Uses All uses of Submerged Lands require a conveyance from the Bureau with the following exceptions.
B.Exceptions1. Exercise by the public of non-exclusive public trust rights.2. Non-Permanent Structures only as follows:a. Water-Dependent uses which in total area occupy less than 500 square feet of Submerged Lands.b. Commercial fishing uses which in total area occupy less than 2,000 square feet of Submerged Lands.3. Activities and structures covered under aquaculture leases, as defined and regulated by the Maine Department of Marine Resources, under 12 MRSA §6072.4.Maine Department of Transportation (DOT) Bridges Bridges built on state and state-aid highways and railroad bridges under the DOT's jurisdiction within the State of Maine, records for which are on file with the DOT. This exception is subject to the following terms and conditions:
a. That the Submerged Lands be used for state public transportation purposes only.b. That at such time as the DOT develops plans for a new transportation project involving a bridge over Submerged Lands, the DOT shall provide the Bureau with a copy of said plans at the same time as said plans are submitted to the Department of Environmental Protection for review and comment. The Bureau shall have 30 days from receipt of such plans to object to the DOT.c. Any plan objected to under term and condition b. above shall not be exempted by these Rules until such time as the DOT and the Bureau have resolved such objections to their mutual satisfaction .5.Harbor Improvement by the Federal Government7.Single-Family Residential Water Intake Pipes8. Those portions of the Submerged Lands which have been filled in prior to October 1, 1975, as defined in 12 MRSA §1865, and subject to the conditions therein.9. Cables, bridges or other structures which are suspended above the surface of the water at a sufficient height so that they do not interfere with navigation of vessels that would ordinarily use that body of water. This includes cables which comply with Chapter 91 of the Public Utilities Commission rules for safety of overhead utility lines. The base of supporting structures such as towers and abutments are not exempt from the requirement for a lease or easement, but shall be considered water-dependent uses.C.Unauthorized Structures and Uses Any structures or uses of Submerged Lands which have not been granted a constructive easement by the legislature or which do not otherwise qualify as an exception herein, shall be considered unauthorized structures or uses unless a lease or easement is granted by the Bureau as provided by these Rules. Unauthorized structures and uses shall include but are not limited to seasonal structures which do not have constructive easement status and which were not required to obtain a lease prior to September 30, 1989. The Director may waive the review procedures for unauthorized structures or uses which have otherwise obtained all other necessary permits.
01- 670 C.M.R. ch. 53, § 1.5