38 M.R.S. § 490-B
This is the official text of 38 M.R.S. § 490-B, part of Maine’s M.R.S — part of the compiled statutory law of Maine, published by the state as "M.R.S." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
38 §490-B. Applicability
Official statutory text
Sections 490‑A to 490‑K apply to any excavation for borrow, clay, topsoil or silt, whether alone or in combination, including reclaimed and unreclaimed areas, if the total excavated area on a parcel is 5 or more acres or the total excavated area on adjacent parcels under a common owner or operator is 5 or more acres. Section 490‑M applies to a total excavated area of less than 5 acres. This article applies if the excavation is located in whole or in part within an organized area of this State. [PL 2007, c. 297, §3 (AMD).]
A person in possession of a valid site location of development permit for a borrow pit or topsoil, clay or silt mining operation shall operate that pit or operation in compliance with the terms and conditions of the permit. Any modification of the permit must be in conformance with section 484 . A person with a permit under article 6 may file a notice of intent to comply under this article. The permit issued under article 6 lapses as of the date a complete notice of intent is filed with the department. If the permittee chooses to substitute a notification pursuant to this article, all terms and conditions that applied to the permit issued pursuant to article 6 are incorporated into the notification approved pursuant to this article. [PL 1995, c. 700, §22 (NEW).]
This article does not apply to: [PL 1995, c. 700, §22 (RPR).]
1. Site law pits. [PL 1995, c. 700, §22 (RP).]
2. Maine Land Use Planning Commission pits. An excavation wholly within the jurisdiction of the Maine Land Use Planning Commission; [PL 1995, c. 700, §22 (RPR); PL 2011, c. 682, §38 (REV).]
3. Other mining operations. [PL 1995, c. 700, §22 (RP).]
4. Excavations reviewed under laws regarding the protection of natural resources. An excavation to the extent that it is located in a protected natural resource and requires a permit under the laws regarding the protection of natural resources in article 5‑A ; or [PL 1995, c. 700, §22 (NEW).]
5. Grading preliminary to construction. An excavation or grading preliminary to a construction project unless it is intended to circumvent this article. [PL 1995, c. 700, §22 (NEW).]
A person in possession of a valid site location of development permit for a borrow pit or topsoil, clay or silt mining operation shall operate that pit or operation in compliance with the terms and conditions of the permit. Any modification of the permit must be in conformance with section 484 . A person with a permit under article 6 may file a notice of intent to comply under this article. The permit issued under article 6 lapses as of the date a complete notice of intent is filed with the department. If the permittee chooses to substitute a notification pursuant to this article, all terms and conditions that applied to the permit issued pursuant to article 6 are incorporated into the notification approved pursuant to this article. [PL 1995, c. 700, §22 (NEW).]
This article does not apply to: [PL 1995, c. 700, §22 (RPR).]
1. Site law pits. [PL 1995, c. 700, §22 (RP).]
2. Maine Land Use Planning Commission pits. An excavation wholly within the jurisdiction of the Maine Land Use Planning Commission; [PL 1995, c. 700, §22 (RPR); PL 2011, c. 682, §38 (REV).]
3. Other mining operations. [PL 1995, c. 700, §22 (RP).]
4. Excavations reviewed under laws regarding the protection of natural resources. An excavation to the extent that it is located in a protected natural resource and requires a permit under the laws regarding the protection of natural resources in article 5‑A ; or [PL 1995, c. 700, §22 (NEW).]
5. Grading preliminary to construction. An excavation or grading preliminary to a construction project unless it is intended to circumvent this article. [PL 1995, c. 700, §22 (NEW).]
Status: in_force · Read it on the official government site
Need a lawyer in Maine?
Find a Maine lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.