The commissioner shall rescind a permit upon request and application of the permittee if no outstanding permit violation exists, the development is not continued or completed and the following requirements are met:

1. 1. Development other than a subdivision For a development other than a subdivision as defined at the time of permit issuance:

   1. A. The permittee has not constructed or caused to be constructed, or operated or caused to be operated, the development; or

      [PL 2025, c. 49, §1 (NEW).]

   2. B. The development has been fully decommissioned to the department's satisfaction;

      [PL 2025, c. 49, §1 (NEW).]

   [PL 2025, c. 49, §1 (RPR).]

2. 2. Subdivision If the development is a subdivision, the permittee has not sold or leased or caused to be sold or leased more than 4 lots; or

   [PL 1995, c. 493, §9 (AMD).]

3. 3. Reclamation following borrow, clay or topsoil mining If the permittee has constructed or caused to be constructed, or operated or caused to be operated a development consisting of an excavation of more than 5 acres of land for borrow, topsoil, clay or silt, whether alone or in combination, and the department determines that:

   1. A. The affected area has been successfully reclaimed;

      [PL 1995, c. 493, §9 (NEW).]

   2. B. There are not continuing requirements; and

      [PL 1995, c. 493, §9 (NEW).]

   3. C. There will be no additional mining for borrow, clay or topsoil by the permittee or any transferee at any time as provided by deed covenants enforceable by the department.

      [RR 1995, c. 2, §99 (COR).]

   [RR 1995, c. 2, §99 (COR).]

RR 1993, c. 1, §122 (RNU). PL 1993, c. 383, §29 (NEW). PL 1995, c. 493, §9 (AMD). RR 1995, c. 2, §99 (COR). PL 2025, c. 49, §§1, 2 (AMD).