§489-C. Rescission

The 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:   [PL 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;

[PL 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

[PL 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;   [PL 1995, c. 493, §9 (NEW).]

B. There are not continuing requirements; and   [PL 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.   [PL 1993, c. 383, §29 (NEW).]

SECTION HISTORY

RR 1993, c. 1, §122 (RNU). PL 1993, c. 383, §29 (NEW). RR 1995, c. 2, §99 (COR). PL 1995, c. 493, §9 (AMD).