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USA Statutes : maine
Title : Title 12. CONSERVATION
Chapter : Chapter 431. MAINE SHORELINE PUBLIC ACCESS PROTECTION PROGRAM
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Title 12 - §5201. Findings and declaration of policy
Title 12: CONSERVATION
Part 8: DEPARTMENT OF CONSERVATION
Chapter 431: MAINE SHORELINE PUBLIC ACCESS PROTECTION PROGRAM
§5201. Findings and declaration of policy
The Legislature finds and declares that public access to the Maine coast is of great importance to people of the State who
make their living in the marine and maritime industries and to those who enjoy the natural beauty of our coastal shorelines;
that the State of Maine and coastal municipalities own less than 3% of Maine's shoreline, the lowest percentage of publicly
owned shoreline of any coastal state in the United States; that the Maine coast is experiencing intense development pressure
that is further limiting public access to the shore; and that the rising costs of coastal shorefront property, together with
the diminishing opportunities for access to coastal shoreline, require the establishment of a state program to encourage and
support the acquisition of shoreland areas for public uses.
[1985, c. 794, Pt. B (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 - §5202. Maine Shoreline Public Access Protection Fund
Title 12: CONSERVATION
Part 8: DEPARTMENT OF CONSERVATION
Chapter 431: MAINE SHORELINE PUBLIC ACCESS PROTECTION PROGRAM
§5202. Maine Shoreline Public Access Protection Fund
1. Fund established. To accomplish the purposes of this chapter, there is established a nonlapsing Maine Shoreline Public Access Protection Fund,
referred to in this chapter as the "fund." All income received by the Department of Conservation for the purposes of this
chapter shall be recorded on the books of the State in a separate account and shall be deposited with the Treasurer of State
to be credited to the fund. These funds shall be made available to the commissioner for the purpose of implementing the Maine
Shoreline Public Access Protection Program, established under section 5203.
[1987, c. 402, Pt. A, § 94 (amd).]
2. Expenditure of funds. All money credited to the fund shall be used to preserve and protect public access to coastal shoreland areas in accordance
with the guidelines established by the commissioner pursuant to section 5203. As provided in section 5203, not less than 50%
of all revenue available from the fund shall be dispersed to municipalities located in the coastal area, as defined in Title
38, section 1802. No more than 10% of the revenues available in the fund may be used for the development of acquired access
areas.
[1987, c. 402, Pt. A, § 94 (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 - §5203. Program guidelines
Title 12: CONSERVATION
Part 8: DEPARTMENT OF CONSERVATION
Chapter 431: MAINE SHORELINE PUBLIC ACCESS PROTECTION PROGRAM
§5203. Program guidelines
1. Program established. There is established, within the Department of Conservation, the Maine Shoreline Public Access Protection Program, referred
to in this chapter as the "program" for the purposes of encouraging and supporting the acquisition and development of shoreland
areas by the State Government and local governments. Any acquisition or development of shoreland areas supported by this program
shall be undertaken solely to enhance, preserve or protect public access to coastal shoreland areas. The commissioner shall
establish, amend or repeal rules of the department necessary to accomplish the purposes of this chapter.
[1987, c. 402, Pt. A, § 95 (amd).]
2. Program guidelines. To accomplish the purposes of this chapter, the commissioner shall establish guidelines for the appropriate expenditure of
money available in the fund. In establishing these guidelines, the commissioner shall consider, among other things:
A. Access to shoreline for shellfish and marine worm harvesters and for other economic purposes;
[1985, c. 794, Pt. B (new).]
B. Public access to shoreline for scenic and recreational purposes;
[1985, c. 794, Pt. B (new).]
C. The purchase of easements and property development rights;
[1985, c. 794, Pt. B (new).]
D. The establishment and limited development of public access ways and areas; and
[1985, c. 794, Pt. B (new).]
E. The ability of a municipality or state agency to manage shoreline access in a manner that is consistent with the natural
carrying capacity of the area accessed and to provide adequate essential public services.
[1985, c. 794, Pt. B (new).]
[1985, c. 794, Pt. B (new).]
3. Coastal municipality participation. Notwithstanding any guidelines established pursuant to this chapter, at least 50% of all revenue available from the fund
shall be dispensed to municipalities located in the coastal area, as defined in Title 38, section 1802, for the acquisition
or development of shoreline access areas. The amount granted to such a municipality pursuant to this section shall not exceed
50% of the total cost of the acquisition or development project.
[1985, c. 794, Pt. B (new).]
4. Public access. All projects financed through this program shall be made equally open for use by all Maine citizens.
[1985, c. 794, Pt. B (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 04333-0007
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