An Act To Amend Provisions of the Maine Land Use Regulation Commission Law
Maine Legislature, Session 122, LD 0117
Committee Amendment CA_A_H156 (House)
Amends: 12 MRSA §685-B, 12 MRSA §685-E

COMMITTEE AMENDMENT ")4,, to H.P. 93, L.D. 117, Bill, "An Act 
To Amend Provisions of the Maine Land Use Regulation Commission 
Law" 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
'Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the Department of Conservation, 
Maine 
Land Use 
Regulation Commission has responsibility for sound planning and 
administers 
land 
use 
control 
within 
the 
unorganized 
and 
deorganized areas of the State: and 
Whereas, the Maine Land Use Regulation Commission provides 
services to certain towns and pl,antations: and 
Whereas, application fees 
and fees assessed for services 
provided to towns by the Maine Land Use Regulation Commission 
must be fair: and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin 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, 
Page l-LR03l4(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 93, L.D. 117 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §685-B, sub-§2, 1[B, as amended by PL 1995, c. 
487, §l, is further amended to read: 
B. 
The fee prescribed by the commission rules, that fee to 
be a minimum of $50 but no greater than 1/4 of 1°'0 of the 
total development costs, except that the fee for subdivision 
applications is $300 per lot. 
Zoning petitions submitted by 
other than a state or federal agency range from $50 to $500 
depending on size and complexity. 
The fees apply to all 
amendments except for minor changes to building permitsT--A 
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Sec. 2. 12 MRS A §685-C, sub-§3, as amended by PL 1977, c. 694, 
§234, is further amended to read: 
3. 
Schedule of fees. The commission shall adopt rules in 
accordance with Title 5. chapter 375. subchapter 2 to establish 
aBa-ameBa a schedule of reasonable fees for the administration of 
this 
chapter. 
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Amendments to those rules adopted after October I. 2005 are major 
substantive rules as defined in Title 5. chapter 375. subchapter 
2-A. 
No approval, certificate, special exceptionT or variance 
saa~~ 
~ be issued unless or until such fees established by the 
commission have been paid in full, nor saa!1- ~ 
any action be 
taken 
on proceedings before 
the 
commission unless or until 
preliminary fees have been paid in full. 
Sec. 3. 12 MRSA §685-E, last" as amended by PL 2003, c. 688, 
Pt. C, §2, is further amended to read: 
Beginning with fiscal year 2003-04, a town or a plantation 
in the commission's jurisdiction that elects not to administer 
land use controls at .the local level but receives commission 
services or a town or plantation with a portion of its land under 
the commission's jurisdiction and receiving commission services, 
including planning, permitting and ensuring compliance, must be 
assessed a fee equal to .01 'lo of the most recent equalized state 
valuation established by the State Tax Assessor for that town or 
plantation or that portion of a 
town or plantation under the 
commission's jurisdiction. 
The State Tax Assessor shall issue a 
warrant to each such town or plantation no later than March 1st 
of each year. 
The warrant is payable on demand. 
Interest 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/J,, to H.P. 93, L.D. 117 
charges on unpaid fees begin on June 30th of each year and are 
compounded monthly at the interest rate for unpaid property tax 
as established by the State Tax Assessor for the unorganized 
territory. 
For 
any 
assessment 
that 
remains 
unpaid 
as 
of 
September 1st of the year in which it is due, state revenue 
sharing to that town or plantation must be reduced by an amount 
equal to any unpaid warrant amount plus any accrued interest, 
until the amount is paid. 
These fees must be deposited to the 
General Fund. 
Sec. 4. Transition. 
For a 
town or plantation with only a 
portion of its land under the jurisdiction of the Department of 
Conservation, Maine Land Use Regulation Commission and receiving 
commission services only on that portion, the State Tax Assessor 
shall recalculate 
the 
fee 
assessed 
under 
the 
Maine 
Revised 
Statutes, Title 12, section 685-E for fiscal year 2004-05 and 
issue a revised warrant for that town or plantation. 
The town or 
plantation is not required to pay 
a 
warrant issued between 
January 1st and March 1st of 2005. 
The town or plantation is 
required to pay the revised assessment fee within 90 days of 
receiving the revised warrant. 
State revenue sharing for that 
town or plantation for fiscal year 2005-06 may not be reduced 
under Title 12, section 685-E unless that town or plantation 
fails to pay the assessment within 150 days of receiving the 
revised warrant. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment retains the permitting fee ranges in statute 
proposed for repeal in the bill and designates any revised rules 
establishing new fees as major substantive rules. 
It adds to the 
bill an emergency preamble and transition language directing the 
State Tax 
Assessor to revise fees 
already assessed for 
the 
Department of Conservation, Maine Land Use Regulation Commission 
services to a town or plantation with only a portion of its land 
under Maine Land Use Regulation Commission jurisdiction. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/06/05 :;t;yac:.. 
LD 117 
LR0314(02) 
An Act To Amend Provisions of the Maine Land Use Regulation Commission Law 
Fiscal Note for Bill as amended by Committee Amendment ,a 
Committee: Agriculture, Conservation and Forestry 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined current biennium revenue decrease - General Fund 
Possible biennium revenue increase - General Fund 
Basing the assessment fee on a portion of a town's land rather than the equalized state valuation of the entire town will 
reduce General Fund revenue beginning in the 2006-2007 biennium. The amount can not be determined at this time 
and will depend on the value of the effected property. 
Allowing the Maine Land Use Regulation Commission within the Department of Conservation to adopt rules to 
establish fees may increase General Fund revenues collected by the commission. Any increased amounts will depend 
on the fees established by the commission and can not be determined at this time. 
LR0314(2) - Fiscal Note - Page 1 of 1