An Act To Update the Site Location of Development Laws
Sec. 1. 30-A MRSA §4406, sub-§1, ¶B-1, as enacted by PL 1989, c. 769, §1, is repealed.
Sec. 2. 30-A MRSA §4406, sub-§1, ¶F, as enacted by PL 1989, c. 769, §1, is repealed.
Sec. 3. 38 MRSA §482, sub-§4-D, as amended by PL 1987, c. 812, §§5 and 18, is repealed.
Sec. 4. 38 MRSA §482, sub-§5, ¶C, as repealed and replaced by PL 1993, c. 680, Pt. A, §35, is repealed.
Sec. 5. 38 MRSA §482, sub-§5, ¶C-1, as repealed and replaced by PL 1993, c. 680, Pt. A, §35, is repealed.
Sec. 6. 38 MRSA §482, sub-§5, ¶E, as amended by PL 1995, c. 493, §5, is further amended to read:
(1) Sale or lease of lots a lot to an abutting owner or if the lot is not further divided or transferred within a 5-year period, except as provided in this subsection, or sale or lease of a lot to a spouse, child, parent, grandparent or sibling of the developer if those lots are the lot is not further divided or transferred to a person not so related to the developer within a 5-year period, except as provided in this subsection;
(2) Personal, nonprofit transactions, such as the transfer of lots by gift, if those lots are not further divided or transferred within a 5-year period or the transfer of lots by devise or inheritance; or
(3) Grant of a bona fide security interest in the whole lot or subsequent transfer of the whole lot by the original holder of the bona fide security interest or that person's successor in interest;
Sec. 7. 38 MRSA §482, sub-§5, ¶F, as repealed and replaced by PL 1993, c. 680, Pt. A, §35, is amended to read:
(1) Sale or lease of common lots a lot created with a conservation easement as defined in Title 33, section 476 that is recorded at the appropriate registry of deeds prior to the beginning of land clearing or construction, provided that the department as long as the department approves and is made a party to the easement; and
Sec. 8. 38 MRSA §483-B is enacted to read:
§ 483-B. Location of development of state or regional significance
The department may not approve an application for a structure, a development occupying a land or water area in excess of 20 acres or a subdivision unless the development is located or designed as described in subsection 1 or 2.
If the department approves an application for a subdivision designed to meet subdivision standards under section 484 and later identifies a violation of those standards, the noncompliance is considered a violation of the permit and applicable standards.
Sec. 9. 38 MRSA §484, sub-§1, as amended by PL 1995, c. 287, §1, is further amended to read:
Sec. 10. 38 MRSA §484, sub-§5, as repealed and replaced by PL 1987, c. 812, §§10 and 18, is amended to read:
Sec. 11. 38 MRSA §484-C is enacted to read:
§ 484-C. Bonds or other security
This section does not apply to mining activities for which a bond or other security is required by the department pursuant to section 490, subsection 2.
Sec. 12. 38 MRSA §485-A, sub-§1-C, as amended by PL 2005, c. 602, §5, is further amended to read:
If the department determines that full compliance with new or amended rules enacted after a planning permit was issued will significantly alter the plan for the development, the department may require the permittee to comply with the rules in effect at the time of issuance of the planning permit and, to the extent practicable, to comply with additional requirements or standards in the new or amended rules for any remaining portion of the development for which final submissions have not been provided. The department may not require significant alteration of constructed or permitted infrastructure authorized by the planning permit, or subsequent approvals designed to serve future development phases in existence at the time of the new or amended rules in assessing practicability.
For purposes of this subsection, "practicable" means available and feasible considering cost, existing technology and logistics based on the overall purpose of the project as authorized in the planning permit.
Sec. 13. 38 MRSA §486-B is enacted to read:
§ 486-B. General permit authority; Department of Transportation developments
For purposes of any enforcement under this subsection, the department may rely upon the standards of and rules adopted pursuant to this article, although the department may have relied upon the Department of Transportation’s environmental procedures and standard practices for purposes of approval.
The Department of Transportation may choose to apply for an individual permit for a development rather than file a notice of intent under paragraph A.
The department may require the Department of Transportation to file for an individual permit for a development that would otherwise be authorized to file a notice of intent under paragraph A as provided for in the general permit.
Sec. 14. 38 MRSA §488, sub-§5, as amended by PL 1995, c. 704, Pt. A, §17 and affected by Pt. C, §2, is repealed.
Sec. 15. 38 MRSA §489-A, sub-§2, as amended by PL 1999, c. 243, §19, is further amended to read:
(1) Notice to the commissioner upon receipt of an application, including a description of the project;
(2) Notice of issuance and denial to the applicant and commissioner, including the reason for denial;
(3) Public notification of the application and any hearings; and
(4) Satisfactory hearing procedures;
Sec. 16. Report. The Department of Environmental Protection shall review the storm water management provisions in the Maine Revised Statutes, Title 38, section 420-D and the site location of development provisions of Title 38, chapter 3, subchapter 1, article 6 that provide for the registration of municipalities for the authority to substitute local permits for state permits and exempt developments or projects from permitting or specified standards within certain municipalities or portions of municipalities. The department shall also consider whether these provisions may need to be amended in light of changes in the regulation of storm water discharges under Title 38, section 413. The department shall report concerning its review and recommend any needed statutory changes on this or related subjects to the Joint Standing Committee on Natural Resources by January 15, 2010. The committee is authorized to submit a bill related to this report to the Second Regular Session of the 124th Legislature at the time of submission of the report.
This bill changes the site location of development laws in the following ways.
It eliminates the definition of "significant ground water aquifer. It eliminates the exceptions for a lot of 40 or more acres in the definition of "subdivision." It changes the exception for a sale or lease of a lot to an abutter in the definition of "subdivision" by clarifying that the lot may not be further divided or transferred within a 5-year period, except as otherwise provided. It changes the exception for a common lot created with a conservation easement in the definition of "subdivision." It removes the requirement that the lot be a common lot and adds the requirement that the conservation easement be approved by the Department of Environmental Protection.
It adds a provision specifying the minimal planning requirements that must be met for a permit to be approved by the department.
It changes the groundwater standard by changing a requirement to avoid an unreasonable risk of discharge to a significant ground water aquifer to a requirement to avoid an unreasonable risk of discharge to groundwater.
It provides that the Department of Environmental Protection may require a bond or such other security if the department determines that a proposed development will present an unacceptable risk of unreasonable impacts to the natural environment or existing uses without such security.
It makes several changes to a provision addressing approval of future development sites to refocus it on long-term construction projects.
It authorizes the Department of Environmental Protection to issue a general permit for all or a subclass of developments constructed or caused to be constructed or operated or caused to be operated by the Department of Transportation that require approval under the site location of development laws.
It eliminates the low-density subdivision exemption and corrects cross-references to that law.
It adds a one-time reporting requirement concerning provisions in the site location and development laws and storm water management laws that provide for the registration of municipalities for the authority to substitute local permits for state permits and exempt developments or projects from permitting or specified standards within certain municipalities or portions of municipalities. The Joint Standing Committee on Natural Resources is authorized to submit legislation relating to the report to the Second Regular Session of the 124th Legislature.