§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. ion, 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). PL 1995, c. 493, §9 (AMD). RR 1995, c. 2, §99 (COR).
Maine Legal Code