An Act To Update the Site Location of Development Laws
Maine Legislature, Session 124, LD 1268
Committee: Natural Resources
Sponsors: DUCHESNE, SA VIELLO
Amends: 30-A MRSA §44, 30-A MRSA §4406, 38 MRSA §482, 38 MRSA §483-B, 38 MRSA §484, 38 MRSA §484-C, 38 MRSA §485-A, 38 MRSA §486-B, 38 MRSA §488, 38 MRSA §489-A

FIRST P~GULAR SESSION=2009 
Legislative Document 
No. 1268 
H.P.887 
House of Representatives, March 31, 2009 
An Act To Update the Site Location of Development Laws 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative DUCHESNE of Hudson. 
Cosponsored by Representative: SA VIELLO of Wilton. 
Primed on recycled pLlpt:r. 
--;r;;u~ 1/1. mdC:1~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the P~ople of the State of Maine as follows: 
Sec. 1. 30-A MRSA §44Q6, sub~§l, CUB-I, as enacted by PL 1989, c. 769, §1, is 
repealed. 
Sec. 2. 30-A MRSA §4406, sub-§l, ~F, as enacted byPL 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repealed.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is repealed. 
Sec. 4. 38 MRSA §482, sub-§5, ~C, as repealed and replaced by PL 1993, c. 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 A, §35, is repealed. 
Sec. 5. 38 MRSA §482, s'ub-§5, ~C-l, as repealed and replaced by PL 1993, c. 
680, Pt. A, §35, is repealed. 
Sec. 6 .. 38 MRSA §482, sub-§5, ~, as amended by PL 1995, c. 493, §5, is 
further amended to read: 
E. Unless intended to circumvent this article, the following transactions may not be 
considered lots offered for sale or lease to the g~neral public: 
(1) Sale or lease of lets a lot to an abutting owner 6f 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 
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(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; 
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Sec. 7. 38 MRSA §482, sub-§5, ~, as repealed and replaced by PL 1993, c. 680, 
Pt. A, §35, is amended to read: . 
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F. In those subdivisions that would otherwise not require site location approval, 
unless intended to circumvent this article, the following transactions may not, except 
as provided, be considered lots offered for sale or lease to the general public: 
(1) Sale or lease of common lots a lot created with a conservation easement as 
defmed 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 
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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 11 subdivision unless the 
development is located or designed as described in subsection 1 or 2. 
1. Residential subdivisions. A subdivision in which all lots are for single-family, 
detached, residential housing; common areas;' or open space must be: 
A. Located in a locally designated growth area, as identified in a comprehensive plan 
adopted pursuant to and' consistent with the procedures, goals and guidelines of Title 
30-A, chapter 187, article 2 or as identified in: a gi'owth management program 
certified under Title 30-A: section 4347-A; 
B. In the absence of a consistent comprehensive plan, located in an area serVed by a 
public sewer system that has the capacity for the development or in an area identified 
as a census designated place in the latest Federal Decennial Census or' an urban 
compact municipality or compact area as defined in Title 23, section 754; or 
C. Designed to meet department standards for a subdivision adopted pursuant to 
section 484. The department may accept an application designed to meet those 
subdivision standards and determine whether the design meets those standards as part 
of the department's review of the application. 
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. 
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2. 
Structures, 20-acre developments and other subdivisions. 
A structure, a 
development that occupies a land or water area in excess of 20 acres or a subdivision in 
which at least one lot is not for single-family, detached, residential housing; common 
areas; or open space must be: 
A. Located in a locally designated growth area, as identified in a comprehensive plan 
adopted pursuant to and consistent with the procedures, goals and guidelines of Title 
30-A, chapter 187, artiCle 2 or as identified in a growth management program 
certified under Title 30-A, section 4347-A; or 
B. In the absence of a consistent comprehensive plan, located in an area served by a 
public sewer system that has the capacity for the development or in an area identified 
as a census designated place in the latest Federal Decennial Census or an urban 
compact municipality or compact area as defined in Title 23, section 754. 
3. Exceptions. This section does not apply to: 
A. A development described by Title 30-A, section 4349-A, subsection 1, paragraph 
C, subparagraph (1), (2), (3), (4), (5) or (7) as determined by the department. 
For' 
purposes of this subsection, Title 30-A, Jsection 4349-A, subsection 1, paragraph C, 
subparagraph (2) includes but is not limited to wind power developments -and 
transmission lines; and 
B. Reconstruction or expansion of a development or other project in existence on 
January 1, 2010. 
Sec. 9. 38 MRSA §484, sub-§1, as amended by PL 1995, c. 287, §1, is further 
amended to read: 
1. 
Financial- capacity and technical ability. 
The developer has the financial 
capacity and technical ability to develop the project in a manner consistent with state 
environmental standards and with the provisions of this article. The commissioner may 
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i~sue a permit under this article that conditions any site alterations upon a developer 
providing the commi~sioner with evidence that the developer has been granted a line of 
credit or a loan by a fmancial institution authorized to do business in this the State as 
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defmed in Title 9-B, section l31, subsection 17-A or with evidence of any other form of 
financial assurance the board determines by rule to be adequate: 
Sec. 10. 38 MRSA §484, sub-§5, as repealed and replaced by PL 1987, c.812, 
§§10 and 18, is amended to read: 
5. Ground water. The proposed development will not pose an unreasonable risk 
that a dischaq~e to a signifioant ground water aquifer groundwater will occur. 
Sec. 11. 38 MRSA §484-C is enacted to read: 
§484-C. Bonds or other security 
1. Bond or other security. The department may require a bond from an applicant 
for a development under this article payable to the State with sureties satisfactory to the 
department ot such other secUrity as the department may determine will. adequately 
secure compliance, conditioned upon the faithful performance of the requirements of this 
chapter, department rules and pemiit provisions. 
2. 
Developments requIrIng security. 
Security may be required when the 
department determines that if construction or operation of a development proposed under 
this article does not proceed as anticipated, there is an unacceptable risk of unreasonable 
impacts to the natural environment or existing uses without the security. This risk rriay be 
due to factors such as the scope or complexity of required environmental controls or 
management, the particular type of development, sensitivity of the potentially impacted 
natural environment or existing uses, site.,conditions or the compliance history of the 
applicant. 
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3. General requirements.- The department may require: 
A. A bond to address all or a part of the work necessary to comply with applicable 
requirements; 
B. 
All proceeds -of forfeited bonds or other security to be expended by the 
department for necessary work for which the bond or other security was posted and 
any remainder returned to the permittee; or 
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C. Other security, including a security deposit with the State, an escrow account and 
agreement, insurance or an irrevocable trust. 
. 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, suh-§1-C, as amended by PL 2005, c. 602, §5, is 
further amended to read: -
1-C. Long-term construction projects. The department shall C!dopt rules allowing 
the option of, and identifying requirements for , a planning. permit a long-term 
construction project that aYews allow approval of development within a specified area 
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a~d within specified parameters such as maximum area, and groundwater usage and 
traffic generation, although the specific nature and extent of the development or timing of 
construction may not be known at the time the E. permit for the long-term construction 
project is issued .. The location and parameters of the development must meet the 
standards of this article. This alternative is not available for subsection does not apply to 
metallic mineral mining or advanced exploration activities. Rules adopted pursuant to 
this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
If the department determines that full compliance "'lith ne",,' or amended rules enacted 
after a planning permit '.vas issued '",ill significantly alter the plan for the development,. 
the department inay require the permittee to comply vAth the, rules in effect at the time of . 
issuance of the planning permit and, to the extent practicable, to comply 'lAth additional 
requirements or standards in the ne',," or amended rules for any remaining portion of the 
development for 'shich fmal 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 proj ect as 
authorized in the planning permit. 
Sec.l3. 38 MRSA §486-B is enacted to read: 
§486-B. General permit authority; Department of Transportation developments 
1. Authorization. The department may 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 approv.al pursmint to this 
article. 
2. Standards. A development authorized by a general permit is required to meet all 
applicable requirements under and rules adopted pursuant to this article. 
In a general 
permit the department may: 
A. 
Rely upon the Department of Transportation's environmental procedures, and 
standard practices for purposes of approving a development if the department 
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determines that such practices meet or exceed the requirements of and rules adopted 
pursuant to this article. This reliance may occur although the Department of 
Transportation's environmental procedures and standard practices have not been 
adopted through rulemaldng and minor changes to such procedures and practices 
occur without prior review by the department; 
B. Provide fOfTeduced submissions or less review than would otherwise be required 
for an individual permit; and 
C. Set forth specific requirements, tenns and conditions. 
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. 
3. Review. The department may approve: 
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A. A specific development upon receipt and review of a notice of intent under 
subsection 4, paragraph A to comply with standards in the general permit for the 
specific development from the Department of Transportation; or 
B. A notice of intent under subsection 4 prior to receipt of a final design for a 
development, as long as any requirements in a general pennit for the approval are 
met. 
4. Procedure. Procedures for a general permit under this section include: 
A.. A notice of intent must be submitted on a fonn provided by the department and 
contain infonnation required by the department that is necessary to determine 
whether standards will be met; and 
B. If a general permit provides for approval of a notice of intent under paragraph A 
prior to submission of final designs to the department, then following submission of 
the designs· the department may require that changes in design be made where 
necessary to confonn with applicable standards. 
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. 
5. Approval. A development authorized under a general permit is considered to be 
approved by the department upon approval by the department of a notice of intent under 
subsection 4, paragraph A. The permit must include the text of the general permit and the 
department's approval of the notice of intent under subsection 4. The department may 
condition its approval of the notice of intent as necessary to ensure compliance with· 
standards under a general permit. 
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6. Fee. The department may not charge a fee for processing and approval of a notice 
of intent under subsection 4, paragraph A. 
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7. Modification of general permit. Notwithstanding section 341-D, the department 
may modify a general permit through notification of the Department of Transportation. 
The department shall modify a general permit whenever rules adopted pursuant to this 
article are enacted or modified and may modify a general permit as otherWise necessary 
to provide for efficient administration and conformance with department standards. 
8. Modification of notice of intent. The department shall provide for application 
and approval of modification of the notice of intent in any 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: 
2. Registration. The commissioner shall register municipalities to grant permits for 
projects under subsection +-B 1 if the commissioner finds that the municipality meets all 
of the following criteria: 
A .. A municipal planning board or reviewing authority is established; 
'B. A comprehensive plan consistent with Title 30-A, chapter 187 has been adopted 
with standards and objectives determined by the department to be at least as stringent 
as this article; 
C. Subdivision regulations have been adopted that are consistent with Title 30-A, 
chapter 187, and determined by the commissioner to be at least as stringent as criteria 
set forth in section 484; 
D. Site plan review regulations have been adopted with criteria determined by the 
commissioner to be at least as stringent as section 484; 
E. The municipality has adequate resources to administer and enforce the provisions 
of its ordinances; 
F. Procedures for public hearing and notification have been established including: 
(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; 
G. Procedures for appeal by aggrieved parties of local decisions are defined; and 
H. 
A registration form, provided by the commissioner, has been completed and 
submitted by the municipality, demonstrating compliance with the criteria under this 
subsection. 
Sec. 16. Report. The Department of Environmental Protection shaH review the 
storm water management provisions in the Maine Revised Statutes, Title 38, section 420-
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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 Resqurces 
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. 
SUMMARY 
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 bf "subdivision" by 
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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. . 
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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 requiremeJ;lt to avoid an 
umeasonable risk of discharge to a significant· ground water aquifer to a requirement to· 
avoid an umeasonable risk of discharge to groundwater. 
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It provides that the Department of Environmental Protection mayrequire a bond or 
such other security if the department determines that a proposed development will present 
an unacceptable risk of umeasonable impacts to the. natural environment or existing uses 
without such seclirity. 
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. 
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It eliminates the low-density subdivision exemption and corrects cross-references to 
that law. 
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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.