Conveyances are required to dredge, fill, or erect any structure or for any use not specifically exempted under Section 1.5 of these Rules.
B.General Terms and Conditions1.Right, Title and Interest in Adjacent Uplanda. An applicant for a lease or easement must demonstrate sufficient right, title or interest in the upland property adjacent to the littoral zone in which the lease or easement is sought as follows:(1) When the applicant owns the property, a copy of the deed(s) to the property shall be supplied;(2) When an applicant has a lease on the property, a copy of the lease shall be supplied. The lease shall be of sufficient duration and other terms, as determined by the Bureau, to permit construction and reasonable use of the facility;(3) When the applicant has an option to buy or lease the property, a copy of the option agreement shall be supplied. Option agreements shall contain terms deemed sufficient by the Bureau to establish future title or a leasehold of sufficient duration. This requirement for sufficient right, title, or interest in adjacent shoreland property may be waived if the project is to be constructed in an area which lies outside of a littoral zone as defined in section 1.6.B.11 of these Rules.
This requirement may also be waived for those portions of projects which extend beyond the bounds of an applicant's littoral zone provided the applicant meets the Bureau's requirements for exemptions to littoral zone setbacks as described in section 1.6.B.11 of these Rules.
b. The interest conveyed by a lease or easement in Submerged Lands may not be severed from the right, title or interest in the adjacent upland. If the holder of a lease or easement for Submerged Lands conveys the right, title or interest in the upland property to another party and does not transfer the Submerged Lands lease or easement to the new upland owner, subject to the approval of the Bureau, or if the holder's right, title or interest in the upland terminates, then the lease or easement shall be invalid and all leasehold or easement interest in the Submerged Lands shall be extinguished.2.Term for Leases and Easementsa. A standard lease or easement may be granted for a period of time not to exceed 30 years.b. Unless otherwise specified, a dredging lease may be granted for a period of time not to exceed 2 years. In any event, dredging leases shall terminate when any government agency permits for the dredging expire.3.Area Conveyeda. The area of Submerged Lands conveyed by easement shall be the area upon or over Submerged Lands occupied by the structure(s).b. The area of Submerged Lands conveyed by lease shall be the area upon or over Submerged Lands occupied by the structure(s) and adjacent areas to the extent that the general public may be restricted from exercising public trust rights. Such adjacent areas include but are not limited to space used for berthing or docking vessels.4.Renewal Lease and easement renewal may be granted at the end of the conveyance term. When renewing a conveyance, the Bureau shall consider all the factors considered in an initial application review under the standards in effect at the time of renewal, as well as any history of noncompliance by the applicant with conveyance terms, these Rules, the Submerged Lands Act, or other applicable law.
5.Lease Optionsa. Lease options may be granted only for the purpose of securing an environmental or regulatory permit for the construction of a project or portion thereof. Lease options may be granted at the Bureau's discretion so that an applicant may demonstrate an intent to obtain right, title, or interest in Submerged Lands for the purpose of obtaining an environmental or regulatory permit. Lease options may not be granted for a period exceeding 2 years.b. Lease options are subject to the same application, review, and approval process as a lease.c. Areas under lease option may be subsequently leased only for those purposes described and approved in the initial application. Any change will require a new application.d. At the end of the lease option period, a lease may be issued subject to the terms of the lease option.e. Construction of any phase of a project may not begin until a lease has been granted.6.Constructing a Project in Phases Leases may be granted for projects which are to be constructed in distinct phases. The areas, rental fees and dates for the phases will be defined in the lease. Application review for such projects will be of the entire project as it will be when completed.
7.Change in Use or Area Conveyed A holder of a conveyance may not change the nature of the use, beyond the uses specified in the conveyance, without prior Bureau approval. Significant changes will be considered under the same criteria used to review new applications, and if approved will require an amendment to the conveyance.
A holder of a conveyance may not expand the area of occupied Submerged Lands beyond the area specified in the conveyance. Any change in area will require an amendment and will be considered under the same criteria used to review new applications.
8.Conversion of Easements to Leases In the event that the purpose or area for which a Submerged Lands easement has been granted is found to be inconsistent with the standards set forth for easements herein, the easement shall terminate. The Bureau may subsequently, at its discretion, enter into a lease with the holder of the easement in accordance with the standards for leases herein.
9.Constructive Easementsa. All structures under constructive easement shall be registered by December 31, 1995.b. All constructive easements shall terminate by September 30, 2005.c. A holder of a constructive easement may apply for a lease or easement prior to September 30, 2005. Any such application must include documentation which clearly extinguishes the existing constructive easement before a new lease or easement can be issued. In order to maintain the existing use, the holder of any constructive easements must obtain a lease or easement by October 1, 2005.d. Any significant change in the nature of the use of the structure or increase in the area of Submerged Lands occupied by an existing constructive easement shall cause the constructive easement to be extinguished. Continued occupancy and use shall require a lease or easement. Holders of constructive easements must request a determination from the Bureau prior to any change in use or area of Submerged Lands occupied.e. When a constructive easement terminates, for any reason, the owner of the structure shall be required to obtain a lease or easement. The Director may waive the review and appeal procedures for such structures, provided that the nature of its use or its size has not changed significantly from what it was at the time that the constructive easement was granted.10.Regulatory Permits A conveyance from the Bureau for a use requiring permits or approvals from any other state, federal, or municipal agencies shall be conditional upon issuance of and adherence to all applicable permits or approvals.
11.Littoral Zones and Setbacksa.Determination of an Applicant's Littoral Zone(1) The base line of the littoral zone shall be determined by a straight line drawn between the two points at which the applicant's shoreland property line(s) intersect with the normal high-water line. Additional base lines may be included to accommodate irregular shorelines, peninsulas, and islands at the discretion of the Bureau.(2) The sidelines of the littoral zone shall be two lines extending towards the water perpendicular to the base line.(3) The outer boundary of the littoral zone shall terminate at either the established navigational channel, established anchorage identified as such by the U.S. Department of the Army, Corps of Engineers, the midline between opposing shorelines, or 1,000 feet, whichever is less.(4) When two or more littoral zones overlap, the Bureau may require a letter of no objection from any shoreland owner into whose littoral zone the proposed project extends.b.Determination of Setback Lines(1) When littoral zones are contiguous, structures must be set back 25 feet from the applicant's littoral sidelines.(2) When littoral zones are overlapping, structures must be set back 25 feet from the applicant's littoral sidelines.(3) When littoral zones diverge, the setback line shall be a line which bisects the angle formed by the two diverging sidelines. Structures must be at least 25 feet from the setback line.(4) Regardless of the configuration of littoral zones, any new structure which may be used for docking or berthing of boats, must be at least 50 feet from any other existing structures unless it is designed to be used in conjunction with that existing structure.(5) The Bureau may grant exemptions to these setback requirements if the Bureau determines that such exemptions will otherwise meet the terms, conditions, and standards of these Rules and the applicant has demonstrated that no reasonable alternative location is available.c.Exemptions to Setbacks In making the decision to grant an exemption to littoral zone setbacks or setbacks from existing structures, the Bureau may require written notice of no objection from other persons whose ingress and egress or whose future ability to construct a wharf may be adversely affected by the proposed project. The nature and format of the letter of no objection shall be prescribed by the Bureau.
12.Buffer Zone A buffer zone of not more than 30 feet in width around a permanent structure located on Submerged Lands may be leased, provided it is necessary to preserve the integrity and safety of the structure or its uses.
13.Docking Areasa. Leases for piers, wharves and floats and other similar structures shall include designated areas - independent of slip space - to account for the temporary or periodic docking of vessels adjacent to these structures. These areas shall not be included in determining whether a lease or easement is required, but shall be factored into the computation of fees.b. A minimum 10-foot wide strip shall be included adjacent to floats and to other structures that involve temporary or periodic docking of vessels.c. The Bureau may grant larger docking areas than those stipulated under b. above to accommodate the size and number of vessels likely to be docked.14.Transfer or Assignmenta. Leases are transferable or assignable only with the Bureau's prior written approval.b. At the time of transfer or assignment, the lease shall be revised in accordance with the Rules and Submerged Lands Laws in effect at that time.c. No lease transfer or assignment will be approved until:(1) All uncollected fees for past use are paid in full;(2) Interest on uncollected fees is paid at a rate equal to the highest conventional rate of interest charged for commercial unsecured loans by Maine banking institutions as determined by the State Treasurer;(3) All conditions of the conveyance have been met; and(4) The transferee or assignee has demonstrated sufficient right, title and interest in the adjacent upland when the area to be conveyed is contiguous with the upland, subject to the requirements of section 1.6.B.1. of these Rules.d. Easements may be transferred or assigned, but easement holders shall notify the Bureau of the name and address of the new easement holder and pay any outstanding registration fees and otherwise bring the premises into full compliance with the easement terms prior to transfer or assignment.15.Subleasing A lease or any portion thereof, may be subleased for the purpose of providing berthing space for a vessel or other uses designated in the lease. No sublease or any portion thereof may be further subleased or transferred except for a transfer to heirs upon death of the sublease holder or a transfer to the original leaseholder. The term of a sublease may not exceed that of the lease.
16.Terminationa. A conveyance may be terminated by the Bureau when:(1) It is required to do so in order to comply with an act of the Legislature; or(2) The conveyee defaults under the terms and conditions of the lease or easement or otherwise fails to comply with these Rules or other applicable laws.b. The procedure to be used in terminating a lease or easement under subparagraph 2 above shall be as follows: (1) Lessee or Easement holder will be notified of any violation of the terms of the conveyance and shall be informed in writing of the corrective action required. Lessee or easement holder will be given a specific date by which corrective action must be taken.(2) If corrective action required by the Bureau is not completed upon the date specified by the Bureau, Lessee or Easement holder will be informed in writing that the lease or easement will terminate as provided in the notice and the Bureau may demand that any structures or portions thereof on Submerged Lands be removed within 90 days.(3) If, at the end of the aforementioned 90 day period, structures are not removed as required by the Bureau, the Bureau may request that the Maine Department of the Attorney General proceed with legal action for removal of structures and recovery of any unpaid rental fees.(4) Under extenuating circumstances, as determined by the Director, the Bureau may extend the amount of time available to the conveyee for complying with one or more of the requirements under this section.17.Improvements Upon the expiration, cancellation or termination of a conveyance, regardless of the reason therefor, the conveyee shall have 90 days to remove its property. The Bureau at its discretion, shall become the owner of all improvements and structures erected upon the conveyed premises not so removed. The Bureau may require as a term of the conveyance that the conveyee will remove all such improvements and structures at conveyee's expense and restore the premises to the condition in which they existed prior to construction of any improvements upon Submerged Lands.
18.Public Compensation The Bureau may require that public walkways, boat launching ramps, parking space, other facilities or other mitigation measures shall be provided by the conveyee to compensate the public for the loss of customary or traditional public access ways to, public trust rights in, on or over Submerged Lands or ingress and egress to riparian owners. Determination of appropriate public compensation will be made in consultation with municipal officials and other agencies having jurisdiction or an interest in the project area.
19.Upland Uses and Fill Leases or easements for upland use or filling of Submerged Lands will not be granted unless they are for an essential but subsidiary part of a commercial fishing use, water-dependent use, shoreland stabilization, cable, or pipeline and the applicant has demonstrated that there is no other reasonable alternative site available. The Bureau may require the following:
a. a map prepared and signed by a registered land surveyor showing the location and boundary of the proposed site; andb. monumentation of the Submerged Lands boundary adjacent to the fill; andc. that fill materials be removed from the Submerged Lands at the termination of the conveyance; andd. that the leased area be restored to the conditions which existed prior to the placement of fill.20.Determination of Mean Low and Natural Low Water Marks In coastal areas and tidal rivers "the mean low-water mark" can be approximated by observing the location of the water's edge at the time of a 0.00-foot low tide as indicated on a tide chart, based on current information from the National Oceanic and Atmospheric Administration (NOAA) and adjusted for that location. Where there is uncertainty regarding the true location of the mean low-water line mark, the Director may require an applicant to establish the true mean low-water mark through a survey conducted by a qualified land surveyor and referenced to a National Geodetic Vertical Datum as established by NOAA.
For great ponds that are not impounded, the "natural low-water mark" shall be the average low-water mark as observed during the time of year when water levels are ordinarily at their lowest due to natural conditions. Whenever possible, this mark shall represent the average low-water mark as observed or estimated over a period of 5 years or more. For great ponds that are impounded, the natural low-water mark is the estimated low-water mark of the lake in an unimpounded state. This mark may be approximated by consulting information, including, but not limited not to, archeological and historical data, calculations of dam heights and draw-down capacities, and other relevant facts. The applicant shall have the responsibility of providing information on the location of the natural low-water mark relative to the proposed structure. In cases in which the Bureau disagrees with estimated location of the natural low-water mark, the Bureau may require that the applicant establish the natural low- water mark through a survey conducted by a qualified land surveyor.
21.Detached Floats and Other Structuresa. In determining the total area of permanent and non-permanent structures on or over Submerged Lands, the Bureau will generally combine the area of structures that are not attached but which are proximate to and associated with each other.b. The area of detached floats shall generally be combined, unless they are located more than 50 feet from each other. 22.Construction Deadline Structures for which a lease or easement has been issued shall be placed on the conveyed premises within two (2) years of the issuance of the lease or easement. Failure to install the structures within this time frame will be grounds for termination of the conveyance in accordance with the termination provisions of Section 1.6.B.16 above.
23.Abandoned, Deteriorated or Damaged Structures Once installed on Submerged Lands, structures shall be used and maintained for their intended purpose. Structures that have deteriorated beyond reuse, or have been unused for extended periods of time may be considered abandoned by the Bureau. Upon determining that the conveyed premises or a portion thereof have been abandoned, the Bureau at its option may terminate the conveyance covering the entire premises, or the portion that has been abandoned, in accordance with the termination provisions of Section 1.6.B.16 above.
Structures that have been damaged shall not be deemed abandoned if they are repaired to their original condition and dimensions within two (2) years of the date of damage.