Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 8062 (2026)

Performance standards

✓ current as of May 2026

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When legislation authorizing any regulated activity requires that certain criteria be met in order that any license, permit, authorization or certification to undertake the regulated activity be granted and when an agency determines that performance standards will assist regulated parties in complying with the criteria, the standards shall be developed during the rule-making process and incorporated into adopted rules when performance standards are equally effective in meeting applicable statutory criteria. [PL 1989, c. 574, §8 (NEW).]

SECTION HISTORY

PL 1989, c. 574, §8 (NEW).

Notes of Decisions

Cited in 2 cases, 2000–2003 · leading case: Conservation Law Found., Inc. v. Dep't of Env't Prot., 2003 ME 62 (Me. 2003).

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Conservation Law Found., Inc. v. Dep't of Env't Prot., 2003 ME 62 (Me. 2003). ““Equally Effective” Requirement [¶ 43] CLF and the Gagnebins also contend that Rule 13 is invalid because the “equally effective” requirement of 5 M.R.S.A. § 8062 (2002) has not been met.”

Conservation Law Found., Inc. v. State of Maine, Dep't of Envtl. Prot. (Me. Super. Ct 2000). · cites it 5× “” 5 M.R.S.A. § 8062 (Supp. 1998). All this being so, the permit by rule process must comport with the performance and use standards articulated in the NRPA, one of which is the requirement that BEP is to issue permits only for activities which “will not unreasonably interfere…”

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