An Act To Update the Site Location of Development Laws
Maine Legislature, Session 124, LD 1268
Committee Amendment CA_A_H339 (House)
Amends: 38 MRSA §490-D, 38 MRSA §490-Z

COMMITTEE AMENDMENT" A" to H.P. 887, L.D. 1268, Bill, "An Act To 
Update the Site Location of Development Laws" 
Amend the bill by striking out all of sections 1 to 8 
Amend the bill by striking out all of sections 10 and 11 
Amend the bill in section 13 in §486-B in the section headnote (page 4, line 31 in 
L.D.) by inserting after the following: "Department of Transportation" the following: 
'and Maine Turnpike Authority' 
Amend the bill in section 13 in §486-B in subsection 1 in the 3rd line (page 4, line 34 
in L.D.) by inserting after the following: "Department of Transportation" the following: 
'or the Maine Turnpike Authority' 
Amend the bill in section 13 in §486-B in subsection 2 in paragraph A in the first line 
(page 4, line 39 in L.D.) by inserting after the following: "Department of 
Transportation's" the following: 'or the Maine Turnpike Authority's' 
Amend the bill in section 13 in §486-B in subsection 2 in paragraph A in the 5th line 
(page 5, line 3 in L.D.) by inserting after the following: "Transportation's" the following: 
'or the Maine Turnpike Authority's' 
Amend the bill in section 13 in §486-B in subsection 2 in the last paragraph in the 3rd 
line (page 5, line 11 in L.D.) by inserting after the following: '''Department of 
Transportation's" the following: 'or the Maine Turnpike Authority's' 
Amend the bill in section 13 in §486-B in subsection 3 in paragraph A in the 3rd line 
(page 5, line 16 in L.D.) by inserting after the following: "Department of Transportation" 
the following: 'or the Maine Turnpike Authority' 
Amend the bill in section 13 in §486-B in subsection 4 in the next to last paragraph in 
the first line (page 5, line 28 in L.D.) by inserting after the following: "Department of 
Transportation" the following: 'or the Maine Turnpike Authority' 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A" to H.P. 887, L.D. 1268 
Amend the bill in section 13 in §486-B in subsection 4 in the last paragraph in the 
first line (page 5, line 30 in L.D.) by inserting after the following: "Department of 
Transportation" the following: 'or the Maine Turnpike Authority' 
Amend the bill in section 13 in §486-B in subsection 7 in the 2nd line (page 6, line 2 
in L.D.) by inserting after the following: "Department of Transportation" the following: 
'or the Maine Turnpike Authority' 
Amend the bill by striking out all of section 14 (page 6, lines 8 and 9 in L.D.) 
Amend the bill by inserting after section 15 the following: 
'Sec. 16. 38 MRSA §490-D, sub-§I, as amended by PL 2007, c. 616, §3, is 
further amended to read: 
1. Significant wildlife habitat and other protected areas. Affected land may not 
be located in, on or over a significant wildlife habitat or other type of protected natural 
resource, as defined in section 480-B, or in an area listed pursuant to the Natural Areas 
Program, Title 12, section 544. The department may allow excavation to occur in, on or 
over a significant wildlife habitat or other type of protected natural resource provided 
under this section as long as a permit is obtained pursuant to article 5-A. 
Permit 
requirements for certain excavations in, on or over high and moderate value inland 
waterfowl and wading bird habitat 'are also governed by section 480-GG. 
Sec. 17. 38 MRSA §490-Z, sub-§I, as amended by PL 2007, c. 616, §6, is 
further amended to read: 
1. Significant wildlife habitat and other protected areas. Affected land may not 
be located in, on or over a significant wildlife habitat or other type of protected natural 
resource, as defined in section 480-B, or in' an area listed pursuant to the Natural Areas 
Program, Title 12, section 544. The department may allow excavation to occur in, on or 
over a significant wildlife habitat or other type of protected natural resource provided 
under this section as long as a permit is obtained pursuant to article 5-A. 
Permit 
requirement requirements. for certain excavations in, on or over high and moderate value 
inland waterfowl and wading bird habitat are also, governed by section 480-GG.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment does the following. 
1. This amendment strikes the provisions in the bill that: 
A. Eliminated the definition of "significant ground water aquifer" and changed the 
groundwater standard; 
B. Eliminated the exceptions for a lot of 40 or more acres in the definition of 
"subdivision"; 
C. Changed the exception for a sale or lease of a lot to an abutter in the definition of 
"subdivision"; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 887, L.D. 1268 
D. Changed the exception for a common lot created with a conservation easement in 
the definition of "subdivision"; 
E. Eliminated the low-density subdivision exemption; 
F. Authorized the Department of Environmental Protection to require a bond or other 
security for proposed development; and 
G. Prohibited the Department of Environmental Protection from approving 
development permits unless the development is located or designed as described in 
the bill. 
2. The amendment also authorizes the Department of Environmental Protection to 
issue a general permit for developments constructed by the Maine Turnpike Authority 
and amends the laws relating to quarries and gravel pits to allow excavation to occur in 
protected areas as long as a Natural Resources Protection Act permit is obtained. 
3. The amendment retains the provisions of the bill that: 
A. Relate to long-term construction projects; 
B. Authorize the Department of Environmental Protection to issue a general permit 
for developments constructed by the Department of Transportation; 
C. Require a one-time report from the Department of Environmental Protection 
relating to provisions in the storm water management laws and the site location of 
development laws that provide for the registration of municipalities for authority to 
substitute local permits for state permits; and 
D. Make technical corrections. 
FISCAL :\"OTE REQuIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/15/09 frac 
LD 1268 
LR 1235(02) 
An Act To Update the Site Location of Development Laws 
Fiscal Note for:Oill as Amended by Committee Amendment ,pIt 
Committee: Natural Resources 
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Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact 
This bill authorizes the Department of Environmental Protection (DEP) to modify the process of issuing certain 
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perm~ts to t~e ~epartment ofTrimsp~~ation and the M~ine TU.rnp.ike ~uthori~. The ~~P anticipates no net change 
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permIt applIcatIOn revenue. The addItI,onal costs assocIated WIth Issumg permIts, provIdmg a report and other 
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administrative duties can be .absorbed within existing budgeted resources. 
It is estimated that the Department of Transportation will save approxiinately $35.0,000 of Highway Fund and Federal 
Expenditures Funds costs in reduced funds spent on consultant fees for application preparation and appiication fees. 
These savings will be allocated to other Highway Fund and Federal Expenditures Fund projects within the Department 
of Transportation. 
LR1235(02) - Fiscal Note" Page 1 of 1 
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