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Show MAINE 365 The department of health and welfare has been delegated certain public health responsibilities with regard to the quality of water where a public water supply is involved.19 In addition to statutory regulation of water quality, a riparian landowner is protected in terms of quality as well as quantity, and an upper user cannot unreasonably deteriorate the quality of a stream and impair rights of other riparian owners.20 b. ENVIRONMENTAL CONSIDERATION The board of environmental protection also administers legislation designed to protect coastal wetlands. A coastal wetland is defined as any swamp, marsh or bog, beach, flat, or other continuous low land above extreme low water which is subject to tidal action or normal storm flowage at any time except periods of maximum storm activity. This statute prevents any person from removing, filling, dredging, or draining sanitary sewage into, or otherwise altering, any coastal wetland, without obtaining a valid permit from the board and any affected municipality. Approval may be withheld by either the municipal officers or the board when, in the opinion of either body, the proposal would (1) threaten public safety, health, or welfare, (2) adversely affect the value of the property of the abutting owners, (3) damage to private water supplies, or (4) endanger wildlife or fresh water, estuarine, or marine fisheries.21 The board of environmental protection has recently been delegated the responsibility of regulating site locations for those industrial developments which may substantially affect the environment. Cer- tain types of developments (specified in the statute) must apply for and receive permission from the board before commencing construc- tion. In order to grant permission, the board must conclude that the development will not have a material adverse effect on the natural environment.22 C. OTHER PUBLIC AGENCIES Other State agencies involved in water resource management in- clude the State soil conservation commission, which assists local soil conservation districts in developing soil and water conservation pro- jects;28 and the park and recreation commission, which is involved in water-related park and recreation activities, including the admin- istration of certain scenic watercourses which have been preserved from development.24 The inland fishery resources of the State are administered by the department of inland fisheries and game,25 while the sea and shore fisheries of Maine are administered by the depart- ment of sea and shore fisheries.26 The public utilities commission is authorized to collect water re- source information and hydrologic data concerning underground storage reservoirs and surface reservoir sites. The plans for those » 20 M.R.S.A., sees. 2431 et sea. 20 LocTtwood Co. v. Lawrence, 77 Me. 297 (1885) ; Davis v. Oetchell, 50 Me. 602 (1862). 8112 M.R.S.A., sees. 4701 et. seq. 82 38 M.R.S.A., sees. 481 et. seq. 83 12 M.R.S.A., sees. 51 et. seq. «* 12 M.R.S.A., sees. 501 et seq. 8512 M.R.S.A., sees. 1901 et. seq. 8« 12 M.R.S.A., sees. 3401 et seq. |
