A.
AUTHORIZATION: To place any navigational aid or regulatory marker
on, in, or near waters of this State, written authorization must first be
obtained through the Maine Department of Agriculture, Conservation and
Forestry, Bureau of Parks and Lands, under its State Permit System.
The provisions of the above paragraph shall not apply to
aids to navigation under the jurisdiction of the United States Coast Guard, nor
to those aids and markers which come under the political subdivision paragraphs
of this section.
B.
POLITICAL SUBDIVISION AUTHORITY: Title 12 MRSA §1894; If the
Bureau of Parks and Lands, after written request from the governing body of any
city or town, either declines to mark a waterway or is unable to mark a
waterway, then the governing body of the city or town may mark hazards to
boating on that waterway within its jurisdiction. The Bureau of Parks and Lands
shall be deemed to have declined to mark a particular waterway if the Bureau
does not respond to a written request within thirty (30) days of its receipt.
The Bureau of Parks and Lands may at any time reverse a
decision not to mark a certain waterway or portion of that waterway and replace
any existing markings in accordance with the rules of uniform marking
promulgated by the Bureau.
C.
PRIVATE PERMITTED NAVIGATIONAL AIDS
AND REGULATORY MARKERS: A Lake Association, organization or political
subdivision may be authorized by State Permit to construct, place, and maintain
aids to navigation and/or regulatory markers in/on State waters.
Those desiring a State Permit must comply with the following
regulations:
1. Obtain form WM-11 from
the State Bureau of Parks and Lands, Navigational Aids Program;
2. All markers must conform to the Maine
State Aids To Navigation System Rules and Regulations; Regulations governing
specific markers can be found in Section III and IV of these
Regulations.
3.
Inspection - All permitted waterway markers shall be maintained in
proper condition and location, or be replaced or removed. The organization
shall inspect the location and condition of markers regularly, at least every
three (3) weeks, to assure they are in position, and keep a record of these
verifications. Failure to keep written verifications shall be sufficient reason
for the cancellation of this permit and removal of markers.
