An Act To Allow the Maine Land Use Regulation Commission To Assess a Processing Fee for Certain Projects
Maine Legislature, Session 122, LD 1590
Amends: 12 MRSA §685-B, 12 MRSA §685-F

Legislative Document 
No. 1590 
H.P.1126 
House of Representatives, April 26, 2005 
An Act To Allow the Maine Land Use Regulation Commission To 
Assess a Processing Fee for Certain Projects 
(EMERGENCY) 
Reported by Representative PIOTTI of Unity for the Joint Standing Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Order 2005, H.P. 925. 
Printed on recycled paper 
----rY/~ /J7.1i!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. 
Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, certain projects that 
Use 
Regulation 
Commission 
require 
appropriate review; and 
come before 
inordinate 
the Maine 
resources 
Land 
for 
Whereas, 
the 
complexity, 
size 
and 
uniqueness 
of 
these 
projects can significantly affect the ability of 
the Maine Land 
Use Regulation Commission and its staff to process more routine 
applications; and 
Whereas, the expedient processing of all applications is 
important to people proposing projects within the jurisdiction of 
the Maine Land Use Regulation Commission: 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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §685-B, sub-§2, ,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% 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 permits. 
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In addition to the fee 
paid in accordance with this paragraph, the director of the 
Maine Land Use Regulation Commission may assess a processing 
fee on applications for extraordinary projects in accordance 
with section 685-F; 
Sec.2. 12 MRSA §685-F is enacted to read: 
§685 F. 
Extraordinary projects 
1. 
Designation as extraordiniU'Y project. 
The director of 
the Maine Land Use Regulation Commission, referred to in this 
section as 
"the director," 
may 
designate 
a 
proposed project 
Page l-LR2294(1) 
requ~nng 
review 
and 
approval 
under 
this 
chapter 
as 
an 
extraordinary project when the director determines that, because 
of the project's size , 
u~eness or complexity, review of the 
project application is likely to: 
A. 
Significantly impair the capacity of the commission's 
staff 
and 
cooperating. state 
agencies 
to 
review 
other 
applications in a timely manner: or 
B. 
Require the commission to incur costs that exceed the 
funding provided in accordance with section 685-0. 
A project is considered to significantly impair the capacity of 
the commission's staff if review of that project is likely to 
occupy the equivalent of at least one person working full-time on 
~at project for 
a 
minimum of 4 
months. 
Designation as 
an 
extraordinary project must be made at or prior to the time the 
application is accepted as complete. The director shall notify 
the applicant in writing upon making the designation. 
2. 
Processing fee. 
The 
processing 
fee 
for 
a 
projec~ 
designated as 
extraordinary is the 
sum 
of the actual costs 
associated with review of that project application. 
These costs 
include, but are not limited to, costs of personneL supplies, 
administration, traveL specialized computer software, services 
needed for review of that project and contracting for legal and 
.QQnsulting services. 
The director shall provide the applicant, 
with an estimate of the processing fee for 
a project with a 
breakdown of anticipated costs. The applicant must pay 1/2 of the 
estimated processing fee prior to the beginning of the project 
review. 
The applicant must be billed quarterly for the remainder 
of the fee. 
The director shall deposit all processing fees in a 
dedicated 
account 
from 
which 
expenses 
attributable 
to 
the 
gpplication review are paid. 
The 
commission shall withhold a 
decision on the project until the entire processing fee is paid. 
'I-he director shall return all unspent funds to the ap&.i.c..a.n.t 
within 120 days of the commission's decision on the application. 
3. 
Acc~qnting system. 
The director shall require that all 
sj;~f involved in any 
iaS_PJLC.t 
of an application review for 
a 
project designated as an extraordinary project keep accurate and 
regular daily time records. 
These records must describe the 
matters worked on, services performed and amount of time devoted 
to 
those matters 
and 
services 
as 
well 
as 
amounts 
of 
mo~ 
expended in performing those functions. 
The director shall keep 
records 
of 
all 
expenses 
incurred 
in 
reviewing 
a 
project, 
including 
staff 
time 
records 
and 
billing 
statements 
for 
contracted services. 
4. 
Review by commission. In accordance with section 685 BL 
subsection 1-8, an applicant has 
the right to review 
by 
the 
commission 
of 
a 
decision 
to 
designate 
a 
project 
as 
an 
extraordinary project or of a processing fee established under 
subsection 2. 
Sec. 
3. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
CORSERVATIOR, DEPARTMENT OF 
Land Use Regulation Commission 
02336 
Initiative: 
Provides initial allocations for 
the 
purpose 
of 
author izing expenditures for the administration of extraordinary 
projects. 
OTHER SPECIAL REVENUE FUNDS 
2004-05 
2005-06 
2006-07 
Personal Services 
$500 
$500 
$500 
All Other 
$500 
$500 
$500 
OTHER SPECIAL REVENUE 
FUNDS TOTAL 
$1, 000 
$1,000 
$1,000 
Sec. 4. 
Application. 
This 
Act 
applies 
to 
applications 
accepted for review by the Maine Land Use Regulation Commission 
after March 15, 2005. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill is the unanimous committee report of the Joint 
Standing Committee on Agriculture, Conservation and Forestry. 
It 
allows the director of the Maine Land Use Regulation Commission 
to assess a processing fee for certain projects based on the cost 
of reviewing those projects. 
Processing fees are to be deposited 
in a dedicated account. 
FISCAL NOTE REQUIRED 
(See attached) 
Approved: 04/01/05 frac::.. 
LD (Not Known) 
LR 2294(01) 
An Act to Allow the Maine Land Use Regulation Commission to Assess a Processing Fee for Certain 
Projects 
Fiscal Note for Original Bill 
Sponsor: Rep. Piotti of Unity 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
2004-05 
2005-06 
2006-07 
Appropriations/Allocations 
Other Special Revenue Funds 
51,000 
51,000 
SI,OOO 
Fiscal Detail and Notes 
Projections 
2007-08 
$1,000 
Projections 
2008-09 
51,000 
AuthorIzmg the Director of the Maine Land Use Regulation Commission to assess certain processing fees will 
increase Other Special Rewnue Funds revenue collected by the commission; the amounts will depend on the amount 
of the fees that are assessed and can not be determined at this time. The bill also includes an initial Other Special 
Revenue Funds allocation in the amount of $ 1,000 in each of fiscal years 2004-05, 2005-06 and 2206-07 to provide 
the necessary spending authority for the commission to administer certain projects. 
LR229.+( 1) - Fiscal "i\ote - Page 1 of 1