APPROVED CHAPTER
JUNE 14, 2021 7
BY GOVERNOR P & S LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 665 - L.D. 909
An Act Regarding the Depth of Phillips Lake in the Town of Dedham
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation is necessary to provide the Lucerne-in-Maine Village
Corporation the authority to adopt a water level ordinance to regulate water level regimes
and minimum flow requirements for Phillips Lake in the Town of Dedham; and
Whereas, it is necessary for this legislation to take effect prior to the expiration of the
90-day period in order to ensure sufficient time for any necessary research regarding
seasonal changes in water flow associated with the dam at the north end of Phillips Lake;
and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. P&SL 2005, c. 17, §1, as amended by P&SL 2005, c. 44, §1, is further
amended to read:
Sec. 1. Lucerne-in-Maine Village Corporation authorized to construct,
operate and maintain dam. The Lucerne-in-Maine Village Corporation in the Town
of Dedham, Hancock County is authorized to construct, operate and maintain a dam at the
outlet at the north end of Phillips Lake in the Town of Dedham. Unless a water level regime
is established by the Commissioner of Environmental Protection pursuant to the Maine
Revised Statutes, Title 38, chapter 5, subchapter 1, article 3-A, subarticle 4 ordinance
adopted pursuant to section 2, the dam, including any flashboards, must be constructed,
operated and maintained at no higher than 227 feet above sea level as established by the
National Geodetic Survey and at a width that is no less than the current width of the dam.
Sec. 2. P&SL 2005, c. 17, §2 is enacted to read:
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Sec. 2. Lucerne-in-Maine Village Corporation authorized to adopt water
level ordinance; interlocal agreement with Town of Dedham authorized. The
Lucerne-in-Maine Village Corporation in the Town of Dedham, Hancock County may
adopt a water level ordinance pursuant to the Maine Revised Statutes, Title 30-A, chapter
187, subchapter 6 to regulate water level regimes and minimum flow requirements for
Phillips Lake in the Town of Dedham, subject to the same guidelines and standards that
apply to municipalities under Title 30-A, chapter 187, and may enter into an interlocal
agreement under Title 30-A, section 4456 with the Town of Dedham to regulate water level
regimes and minimum flow requirements for Phillips Lake. The Town of Dedham is not
required to separately adopt a water level ordinance pursuant to Title 30-A, chapter 187,
subchapter 6 to enter into an interlocal agreement under Title 30-A, section 4456 with the
Lucerne-in-Maine Village Corporation pursuant to this section.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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