An Act To Clarify the Site Location of Development Laws Regarding Exemptions for Previously Developed Sites
Maine Legislature, Session 125, LD 1648
Committee: Environment and Natural Resources
Sponsors: SAVIELLO
Amends: 38 MRSA §488

Legislative Document 
No. 1648 
S.P. 547 
In Senate, December 21, 2011 
An Act To Clarify the Site Location of Development Laws 
Regarding Exemptions for Previously Developed Sites 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 19, 2011.  Referred to the Committee 
on Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 218. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §488, first ¶, as amended by PL 1997, c. 72, §3, is further 
amended to read: 
This article does not apply to any development in existence or in possession of 
applicable state or local licenses to operate or under construction on January 1, 1970, or 
to any development the construction and operation of which has been specifically 
authorized by the Legislature prior to May 9, 1970, or to public service corporation 
transmission lines, except transmission lines carrying 100 kilovolts or more, nor does it 
apply to the renewal or revision of leases of parcels of land upon which a structure or 
structures have been located as of March 15, 1972, nor to the rebuilding or reconstruction 
of natural gas pipelines or transmission lines within the same right-of-way.  A 
modification of or an addition to a development or any portion of a development that 
qualifies for an exemption under this paragraph does not alter or affect this exemption, 
nor does any such modification or addition that may independently be subject to 
jurisdiction under this article confer jurisdiction over the exempt development.  For the 
purposes of this paragraph, "modification" includes a change in use. 
Sec. 2.  38 MRSA §488, sub-§15, as amended by PL 1997, c. 748, §4, is further 
amended to read: 
15.  Exemption for former military bases.  Development on a military base at the 
time ownership of the military base is acquired by a state or local development authority 
is exempt from review under this article.  Subsequent transfer of ownership of a former 
military base or any portion of a former military base by a state or local development 
authority to another entity does not affect the exemption granted under this subsection.  
Development proposed or occurring on a former military base after ownership of the 
military base is acquired by a state or local development authority is subject to review 
under this article, except that section 482, subsection 2, paragraph E does not apply to the 
development to the extent that the development reuses a building and associated facilities 
in existence on September 29, 1995. 
A modification of or an addition to a development or any portion of a development that 
qualifies for an exemption under this subsection does not alter or affect this exemption, 
nor does any such modification or addition that may independently be subject to 
jurisdiction under this article confer jurisdiction over the exempt development.  For the 
purposes of this subsection, "modification" includes a change in use. 
For purposes of this subsection, "military base" means all property under the ownership 
or control of a federal military authority prior to the acquisition of ownership by a state or 
local development authority, the ownership of which is subsequently acquired by a state 
or local development authority.  For purposes of this subsection, "ownership" means a fee 
interest or leasehold interest in property. 
SUMMARY 
Current law provides that developments that are in existence, authorized, licensed or 
under construction prior to specified dates are exempted from the laws governing site 
location of development.  This bill specifies that any modification, change in use or 
addition to such a development or to a development on a military base similarly exempt 
does not affect the exemption.