Section 489-C - RescissionThe commissioner shall rescind a permit upon request and application of the permittee if no outstanding permit violation exists, the development is not continued or completed and the following requirements are met: [1995, c. 493, §9(AMD).]
1.Development other than a subdivision. The permittee has not constructed or caused to be constructed, or operated or caused to be operated, a development other than a subdivision as defined at the time of permit issuance; [1995, c. 493, §9(AMD).]
2.Subdivision. If the development is a subdivision, the permittee has not sold or leased or caused to be sold or leased more than 4 lots; or [1995, c. 493, §9(AMD).]
3.Reclamation following borrow, clay or topsoil mining. If the permittee has constructed or caused to be constructed, or operated or caused to be operated a development consisting of an excavation of more than 5 acres of land for borrow, topsoil, clay or silt, whether alone or in combination, and the department determines that: A. The affected area has been successfully reclaimed; [1995, c. 493, §9(NEW).]B. There are not continuing requirements; and [1995, c. 493, §9(NEW).]C. There will be no additional mining for borrow, clay or topsoil by the permittee or any transferee at any time as provided by deed covenants enforceable by the department. [RR 1995, c. 2, §99(COR).] [RR 1995, c. 2, §99(COR).]
A rescission is considered a minor revision. [1993, c. 383, §29(NEW).]
RR 1993, c. 1, § 122 (RNU) . 1993, c. 383, § 29 (NEW) . RR 1995, c. 2, § 99 (COR) . 1995, c. 493, § 9 (AMD) .