Section 672-10-I-07 - EXEMPTIONSNotwithstanding any other provisions contained in this chapter, and provided that unreasonable erosion and sedimentation is prevented by means of adequate and timely temporary and permanent stabilization measures:
A. Normal maintenance and repair, or renovations of any lawfully existing structure or use do not require a permit from the Commission, except that normal maintenance and repair or renovations in areas of special flood hazard shall be regulated in conformance with the requirements of Section 10.23,C and must meet applicable development standards in Section 10.25,T, Activities in Flood Prone Areas, and all other applicable statutory and regulatory requirements.B. Utility relocations within the right-of-way of any roadway made necessary by road construction activity do not require a permit from the Commission.C. "Real estate used or to be used by a public utility, as defined in Title 35-A, section102, subsection 13, or a person who is issued a certificate by the Public Utilities Commission under Title 35-A, section122 may be wholly or partially exempted from regulation to the extent that the Commission may not prohibit such use but may impose terms and conditions for use consistent with the purpose of this chapter, when, upon timely petition, notice and public hearing, the Public Utilities Commission determines that such exemption is necessary or desirable for the public welfare or convenience."12 M.R.S. §685-A(11).D. Capacity expansions of utility facilities do not require a permit from the Commission.E. Archaeological excavation adjacent to a body of standing water, flowing water, freshwater wetland, coastal wetland, or sand dune system does not require a permit from the Commission as long as the excavation is conducted by an archaeologist listed on the Maine Historic Preservation Commission level 1 or level 2 approved list.F. Public utility facilities located within a public right-of-way do not require a permit from the Commission. 35-A M.R.S. §2503(20). Other activities may be exempt from Commission review and approval, including but not limited to those listed in 12 M.R.S. §§ 685-A(5) and (12); and 685-B(1-A).
01-672 C.M.R. ch. 10, § I-07