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USA Statutes : maine
Title : Title 12. CONSERVATION
Chapter : Chapter 428. DEPARTMENT OF CONSERVATION
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Title 12 - §5011. Department; commissioner
Title 12: CONSERVATION
Part 8: DEPARTMENT OF CONSERVATION
Chapter 428: DEPARTMENT OF CONSERVATION
§5011. Department; commissioner
There is created and established the Department of Conservation to preserve, protect and enhance the land resources of the
State of Maine; to encourage the wise use of the scenic, mineral and forest resources of the State of Maine and ensure that
coordinated planning for the future allocation of lands for recreational, forest production, mining and other public and private
uses is effectively accomplished; and to provide for the effective management of public lands in the State of Maine. The Department
of Conservation consists of a Commissioner of Conservation, referred to in this Part as the "commissioner," appointed by the
Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over conservation matters
and to confirmation by the Legislature, to serve at the pleasure of the Governor; and the following entities as previously
created or established are incorporated into the Department of Conservation:
[1995, c. 3, §3 (amd).]
1. Forestry. Forestry Department;
[1993, c. 685, Pt. B, §1 (amd).]
2. Parks and recreation. Parks and Recreation Department;
[1993, c. 685, Pt. B, §1 (amd).]
3. Forest authority. Maine Forest Authority;
[1993, c. 685, Pt. B, §1 (amd).]
4. Mining bureau. Maine Mining Bureau;
[1993, c. 685, Pt. B, §1 (amd).]
5.
[1989, c. 878, Pt. B, §11 (rp).]
6. Allagash waterway. Allagash Wilderness Waterway; and
[1993, c. 685, Pt. B, §1 (amd).]
7. Land use regulation commission. Maine Land Use Regulation Commission.
[1993, c. 685, Pt. B, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §5012-A. Dedicated accounts for sales of merchandise and acceptance of donations
Title 12: CONSERVATION
Part 8: DEPARTMENT OF CONSERVATION
Chapter 428: DEPARTMENT OF CONSERVATION
§5012-A. Dedicated accounts for sales of merchandise and acceptance of donations
The commissioner may create dedicated accounts in which to deposit money received from the sale of general merchandise products
such as, but not limited to, t-shirts, audio and video recordings, coffee mugs, tote bags and calendars. Funds received by
the commissioner from the sale of general merchandise products must be deposited in a dedicated account to be used only for
the purpose of promoting and improving department programs. The commissioner may also accept money, goods and services donated
to the department to support specific programs carried out by the department. Any money donated to the department in support
of a specific program must be deposited into a dedicated account for the purpose of funding activities carried out by that
program.
[2005, c. 57, §1 (new).]
div>
Merchandise sold by the commissioner must be of good quality and appropriate for sale by the department. To the extent the
commissioner needs to contract with vendors to obtain goods or services in order to develop, create or manufacture merchandise
for sale, the commissioner shall, to the maximum extent practicable, contract with vendors located in this State. The commissioner
shall register with the United States Library of Congress, United States Copyright Office a copyright in any original pictorial,
graphic or other artwork or original work of authorship produced by or under the direction of the department as a work made
for hire that is used in merchandise sold by the department. The commissioner may use, manage or administer any copyright
held by or license to use copyrighted materials obtained by the department and may manage the copying, use and dissemination
of copies of copyrighted materials in which the department holds a copyright or license.
[2005, c. 57, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §5012. Duties of commissioner
Title 12: CONSERVATION
Part 8: DEPARTMENT OF CONSERVATION
Chapter 428: DEPARTMENT OF CONSERVATION
§5012. Duties of commissioner
The commissioner is the chief executive officer of the Department of Conservation. The commissioner shall coordinate and
supervise the activities and programs of the bureaus and agencies that are part of the department; undertake comprehensive
planning and analysis with respect to the functions and responsibilities of the department; and develop and implement, whenever
necessary, procedures and practices to promote economy, efficiency and coordination in and between the various agencies and
bureaus of the department. The commissioner shall reorganize or combine the bureaus of the department or the planning, operations
and other functions among the bureaus of the department as the commissioner considers necessary to improve the efficiency
of department services. From time to time the commissioner shall recommend to the Governor and Legislature such changes in
the laws relating to the organization, functions, services or procedures of the agencies and bureaus of the department as
the commissioner considers desirable. The commissioner shall prepare a budget for the department; and shall organize and
maintain within the department a general services division to which the commissioner may assign personnel from the agencies
and bureaus of the department.
[1997, c. 24, Pt. QQ, §1 (amd).]
div>
The commissioner has the power to appoint a director of general services, a deputy commissioner and bureau heads and other
staff of the department, subject to the Civil Service Law, and prescribe their duties as necessary for the proper performance
of the duties of the department.
[1997, c. 24, Pt. QQ, §2 (amd).]
div>
The director of general services, the deputy commissioner and bureau heads shall serve at the pleasure of the commissioner,
except that dismissal of the Executive Director of the Maine Land Use Regulation Commission requires the consent of a majority
of the members of that commission.
[1997, c. 24, Pt. QQ, §2 (amd).]
div>
The commissioner may, subject to the approval of the Governor, apply for and accept on behalf of the State any funds, other
personal or real property, including grants, bequests, gifts or contributions from any person, corporation or government,
including the Government of the United States. Such funds shall be received by the Treasurer of State on behalf of the State
and deposited in an appropriate new or existing account in the department. All such funds may, subject to the rules promulgated
by the Governor, be expended by the Commissioner of Conservation.
[1987, c. 308, §7 (amd).]
div>
The commissioner may, on behalf of the department, enter into such agreements with any person, corporation or state or local
government agency or authority as will promote the objectives of the department.
[1987, c. 308, §8 (amd).]
div>
The commissioner may from time to time make noncash awards for outstanding contributions in the field of natural resource
management.
[1977, c. 360, §19 (new).]
div>
The department may prepare and distribute printed and audio-visual materials on matters within its statutory jurisdiction.
There is established within the department a revolving fund for the use of the department to cover the printing and distribution
costs of these materials. The commissioner shall fix the prices at which publications of the department may be sold or delivered.
The department shall retain, without charge, an appropriate number of each publication for complimentary distribution. The
commissioner may fix the price at which United States Geological Survey and other maps, charts and other publications may
be sold or delivered, provided that these publications are specifically authorized for resale by the originating agency and
are specifically concerned with information on the state's natural resources. Income from the sale of publications that were
charged to the revolving fund shall be credited to the revolving fund to be used as a continuing carrying account to carry
out the purposes of the revolving funds.
[1981, c. 542, §2 (new).]
div>
The department shall publish a compendium of laws affecting forestry including, without limitation, laws regarding boundary
lines, trespass, timber harvest, wood measurement, forest fire prevention, forest land taxation, shoreland zoning and the
site location of development law. The department shall publish the first compendium by January 1, 1989, and subsequent editions
by 90 days after the adjournment of the 2nd regular session of the Legislature. The department shall make the compendium
available to the public at cost. The department may use the revolving fund established under this section for printing and
distribution.
[1987, c. 749, §1 (amd).]
div>
The commissioner may work with representatives from the College of Forest Resources and the College of Business Administration
in the University of Maine System, representatives from the forest industry and representatives from the business and finance
community to develop curricula for a joint Master of Business Administration and Master of Science in Forestry degree program
and to develop initiatives for forest products marketing, including continuing education courses for foresters in marketing
and finance and to establish a faculty position in forest products marketing.
[1989, c. 875, Pt. J, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §5013. Department organization
Title 12: CONSERVATION
Part 8: DEPARTMENT OF CONSERVATION
Chapter 428: DEPARTMENT OF CONSERVATION
§5013. Department organization
The Department of Conservation shall be composed of the Land Use Regulation Commission and the following bureaus:
[1973, c. 460, § 16 (new).]
1. Land Use Regulation Commission. The Maine Land Use Regulation Commission as established by Title 5, chapter 379 shall be under the direction and supervision
of a director who shall be qualified by experience in planning and administration consistent with section 681. The director
shall be appointed by the commissioner, with the consent of a majority of the commission, for a term coterminous with the
commissioner, subject to removal for cause by the commissioner with the approval of the Governor;
[1983, c. 812, § 80 (amd).]
2. Bureau of Forestry. The Bureau of Forestry, which shall be under the direction and supervision of a director, who shall be qualified by training,
experience and skill in forestry. The director shall be appointed by, and serve at the pleasure of, the commissioner;
[1977, c. 674, § 14 (rpr).]
3. Bureau of Parks and Lands. The Bureau of Parks and Lands, which is under the direction and supervision of a director, with the assistance of a deputy
director. The director and deputy director are appointed by, and serve at the pleasure of, the commissioner; and
[1995, c. 502, Pt. E, §26 (rpr).]
4. Bureau of Public Lands.
[1995, c. 502, Pt. E, §27 (rp).]
5. Bureau of Geology and Natural Areas. The Bureau of Geology and Natural Areas is under the direction and supervision of a director who is appointed by, and serves
at the pleasure of, the commissioner.
[1999, c. 556, §21 (amd).]
div>
Every person appointed as a bureau director, a director of general services or of planning and program services, or in another
supervisory capacity in the department must have experience and skill in the field of the functions of such position. So
far as is practicable in the judgment of the commissioner, appointments to such positions must be made by promoting employees
of the State serving in positions that are classified and in every instance when a person is promoted from a classified position
upon termination of that person's service in such classified supervisory position, the employee shall, if the employee so
requests, must be restored to the classified position from which the employee was promoted or to a position equivalent thereto
in salary grade in the same state agency, without impairment of the employee's personnel status or the loss of seniority,
retirement or other rights to which uninterrupted service in the classified position would have entitled the employee, provided
that if the employee's service in such unclassified supervisory position has been terminated for cause, the employee's right
to be so restored must be determined by the State Civil Service Appeals Board.
[1997, c. 24, Pt. QQ, §3 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §5014. Delegation of Public Lands Authority (REPEALED)
Title 12: CONSERVATION
Part 8: DEPARTMENT OF CONSERVATION
Chapter 428: DEPARTMENT OF CONSERVATION
§5014. Delegation of Public Lands Authority (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §5015. Maine Rivers Protection Fund
Title 12: CONSERVATION
Part 8: DEPARTMENT OF CONSERVATION
Chapter 428: DEPARTMENT OF CONSERVATION
§5015. Maine Rivers Protection Fund
There is established within the Department of Conservation a Maine Rivers Protection Fund, which shall be funded by donations,
bequests, grants, gifts and proceeds from the sale of Maine rivers protection promotion items. The fund shall not lapse.
[1985, c. 105, § 1 (new).]
div>
Pursuant to the authority established in section 5012, the commissioner may administer a state grant-in-aid program and may
promulgate rules therefor under Title 5, chapter 375, subchapter II. The purpose of the program is to assist local governments,
river conservation or management groups and landowners in activities that may include the acquisition, establishment and maintenance
of access sites, parking areas, picinic areas, campsites and sanitary facilities; encouraging and securing shoreland gifts
and conservation easements; financial support for river runners, litter control, signs and educational materials; the restoration
and enhancement of anadromous fisheries; improving the natural productivity of inland fisheries; and supervision of recreational
use and other similar or associated activities involving the protection of and public access to the State's rivers.
[1985, c. 105, § 1 (new).]
div>
All funds of the Maine Rivers Protection Fund shall be subject to allocation by the Legislature.
[1985, c. 105, § 1 (new).]
div>
Rules adopted under this section shall become effective immediately, but shall be submitted to the Legislature no later than
the next regular session for approval or modification. If the Legislature fails to act, those rules shall continue in full
force and effect.
[1985, c. 105, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §5016. Bureau of Parks and Lands (REPEALED)
Title 12: CONSERVATION
Part 8: DEPARTMENT OF CONSERVATION
Chapter 428: DEPARTMENT OF CONSERVATION
§5016. Bureau of Parks and Lands (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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