An Act To Reform Land Use Planning in the Unorganized Territory
Maine Legislature, Session 125, LD 1798
Committee Amendment CA_A_H918 (House)
Amends: 12 MRSA §683-A, 12 MRSA §685-A, 12 MRSA §685-B, 35-A MRSA §3454, 35-A MRSA §3456, 38 MRSA §488, 38 MRSA §489-A

COMMITTEE AMENDMENT" A" to H.P. 1325, L.D. 1798, Bill, "An Act To 
Reform Land Use Planning in the Unorganized Territory" 
Amend the bill in section 5 in subsection 20 in the 2nd line (page 2, line 28 in L.D.) 
by inserting after the following: "have been" the following: 'agreed to by the owner of 
the land within the delineated area and' 
Amend the bill by striking out all of section 7 and inserting the following: 
'Sec. 7. 12 MRSA §683-A is enacted to read: 
§683-A. Creation of Maine Land Use Planning Commission 
The Maine Land Use Planning Commission, as established by Title 5, section 
12004-D, subsection I-A to carry out the purposes stated in section 681. is created within 
the Department of Conservation and in this chapter called "the commission." 
The 
commission is charged with implementing this chapter. The commission consists of 9 
members, nominated in accordance with subsections 1 and 2. All nominations under this 
section are subject to review by the joint standing committee of the Legislature having 
jurisdiction over conservation matters and to confirmation by the Senate. 
1. Nomination by the Governor. Except as provided in subsection 2, the Governor 
shall nominate one member to the commission. In selecting a nominee, the Governor 
shall actively seek and give consideration to persons residing in or near the unorganized 
and deorganized areas of the State and to persons residing on unorganized coastal islands. 
A nominee under this subsection must be familiar with the needs and issues affecting the 
commission's jurisdiction and must: 
A. Reside in the commission's jurisdiction; 
B. Work in the commission's jurisdiction; 
C. Be a former resident or be retired after having worked for a minimum of 5 years 
within the commission's jurisdiction; or 
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COMMITTEE AMENDMENT·A "to H.P. 1325, L.D. 1798 
D. 
Have expertise in commerce and industry, fisheries and wildlife, forestry or 
conservation issues as they relate to the commission's jurisdiction. 
2. Members representing a county. One member must be nominated by each of the 
counties with the most acreage in the unorganized or deorganized areas subject to the 
jurisdiction of the commission. The county commissioners of each of the counties shall 
nominate a resident of that county to serve as a member of the commission. A county 
commissioner nominated to serve on the commission may not vote on that nomination. 
In making nominations, the county commissioners shall actively seek and give 
consideration to persons residing in or near the unorganized or deorganized areas within 
the county. 
A nominee under this subsection must have expertise in commerce and industry, fisheries 
and wildlife, forestry or conservation issues as they relate to the commission's jurisdiction 
and must: 
A. Reside in the commission's jurisdiction; 
B. Work in the commission's jurisdiction; or 
C. Be a former resident or be retired after having worked for a minimum of 5 years 
within the commission's jurisdiction. 
If a county fails to nominate a member to the commission under this subsection within 90 
business days of a vacancy on the commission to be filled by that county, the Governor 
shall nominate a resident of that county meeting the criteria in subsection 1 to fill the 
vacancy. 
3. Eligibility. A state employee may not be appointed to or serve as a member of the 
commission. A county commissioner, county employee, municipal official or municipal 
employee is not considered to hold an incompatible office for purposes of simultaneous 
service on the commission. If a county or municipality is a participant in an adjudicatory 
proceeding before the commission, a commissioner, official or employee from that 
county or municipality may not participate in that proceeding as a member of the 
commission. 
4. Terms. All members are appointed to 4-year terms. Any member who has not 
been renominated by the Governor or the county commissioners prior to the expiration of 
that member's term may not continue to serve on the commission, unless the Governor 
notifies the Legislature in writing prior to the expiration of that member's term that 
extension of that member's term is required to ensure fair consideration of specific major 
applications pending before the commission. 
That member's term ends upon final 
commission decisions on the specific applications identified in the Governor's 
communication. Any member renominated by the Governor prior to the expiration of 
that member's term shall continue to serve on the commission until the nomination is 
acted upon by the Legislature. A vacancy during an unexpired term is filled as provided 
in this section, but only for the unexpired portion of the term. 
5. 
Rules. 
Unless otherwise provided in this chapter, rules adopted by the 
commission under this chapter are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.' 
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COMMITTEE AMENDMENT "A" to H.P. 1325, L.D. 1798 
Amend the bill in section 11 in subsection 4 by striking out all of the last blocked 
paragraph (page 6, lines 1 to 3 in L.D.) 
Amend the bill by striking out all of section 12 and inserting the following: 
'Sec. 12. 12 MRSA §685-A, sub-§4-A is enacted to read: 
4-A. Transition from commission jurisdiction to the jurisdiction of a plantation 
or municipality. 
Any portion of a land use district that subsequently becomes an 
organized municipality or part of an organized municipality or any plantation that adopts 
planning, zoning and subdivision control as provided in Title 30-A, section 7059 
continues to be regulated by the Maine Land Use Planning Commission pursuant to this 
chapter until such time as the plantation or municipality of which the regulated district is 
then a part adopts land use plans and regulations not less protective of the existing 
natural, recreational or historic resources than those adopted by the commission. 
A. 
Any municipality organized after September 23, 1971 or any plantation that 
adopts planning, zoning and subdivision control as provided in Title 30-A, section 
7059 may submit to the commission and receive the approval of the commission of 
the following: 
(1) A comprehensive land use plan for that plantation or municipality; 
(2) Standards for determining land use district boundaries and uses permitted 
within the districts in that plantation or municipality; 
(3) A land use district boundary map for that plantation or municipality; and 
(4) Such other proposed regulations or standards as the commission considers 
necessary to achieve the purpose, intent and provisions of this chapter. 
Upon request of the plantation or municipality, the commission shall prepare such 
plans, maps, regulations and standards as it considers necessary to meet minimum 
planning and zoning standards for its approval of those standards. 
Upon obtaining approval, the plantation or municipality shall thereafter adopt, 
administer and enforce the approved plans, maps, regulations and standards, except 
that the commission retains jurisdiction for any planned subdistrict within the 
municipality or plantation unless the owner of the land within the delineated area 
agrees to the transfer of the administration and enforcement of that planned 
subdistrict to the municipality or plantation. 
B. 
From time to time, the commission may review the administration and 
enforcement of local land use plans and regulations by plantations and municipalities 
that have adopted land use plans, maps, regulations and standards approved by the 
commission. If, following the review, the commission finds that any of the following 
has occurred, the commission may reestablish its jurisdiction over that plantation or 
municipality: 
(1) A plantation or municipality has repealed the land use plan, maps, standards 
or regulations necessary to satisfy the requirements of this subsection or has 
substantially modified the land use plan, maps, standards or regulations so that 
the resources of the plantation or municipality are not reasonably protected; 
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COMMITIEE AMENDMENT "A" to H.P. 1325, L.D. 1798 
(2) A plantation or municipality has abolished or does not have functioning the 
administrative bodies and officers necessary to implement the land use program 
as approved by the commission; or 
(3) A plantation or municipality has not administered or enforced its land use 
plan, maps, standards or regulations in a manner that reasonably protects the 
resources in the plantation or municipality involved. 
The action by the commission must conform with the provisions for rulemaking of 
the Maine Administrative Procedure Act. 
Action taken by the commission to reestablish its jurisdiction over a plantation or 
municipality is effective immediately, but must be submitted to the current or next 
regular session of the Legislature for approval. If the Legislature fails to act, the 
action of the commission continues in effect.' 
Amend the bill by striking out all of section 13. 
Amend the bill by striking out all of sections 15 to 17. 
Amend the bill in section 18 by striking out all of paragraph B and inserting the 
following: 
'B. A Except for projects that are located in a planned subdistrict that was approved 
or accepted by the commission for processing prior to September 1, 2012, a permit is 
not required for those aspects of a project approved by the Department of 
Environmental Protection under Title 38 if the commission determines that the 
project is an allowed use within the subdistrict or subdistricts for which it is 
proposed. Notice of the intent to develop and a map indicating the location of the 
proposed development must be filed with the commission prior to or concurrently 
with submission of a development application to the Department of Environmental 
Protection; , 
Amend the bill by inserting after section 18 the following: 
'Sec. 19. 12 MRSA §685-B, sub-§I-A, ~B-l is enacted to read: 
B-1. Except for projects that are located in a planned subdistrict that was approved or 
accepted by the commission for processing prior to September 1, 2012, a permit from 
the commission is not required for a development of state or regional significance 
that may substantially affect the environment as defined in Title 38, section 482, 
subsection 2. A project meeting that definition is reviewed under Title 38, section 
489-A-1. 
A person submitting a development proposal to the Department of 
Environmental Protection under Title 38, section 489-A-l shall file a notice of the 
intent to develop and a map indicating the location of the proposed development with 
the commission prior to or concurrently with submission of a development 
application to the Department of Environmental Protection. 
The Department of 
Environmental Protection must receive certification from the commission that the 
proposed development is an allowed use within the subdistrict or subdistricts for 
which it is proposed and the proposed development meets any land use standard 
established by the commission that is not considered in the department's review under 
Title 38, section 489-A-1, subsection 1 before issuing a permit. Nothing in this 
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COMMITTEE AMENDMENT "A" to H.P. 1325, L.D. 1798 
subsection may be construed as prohibiting the commission from enforcing the land 
use standards certified to the Department of Environmental Protection under this 
paragraph.' 
Amend the bill in section 19 in subsection l-C in the 5th line (page 9, line 10 in L.D.) 
by striking out the following: "a review of that decision by" and inserting the following: 
'appeal that decision to' 
Amend the bill in section 19 in subsection l-C in the 6th line (page 9, line II in L.D.) 
by striking out the following: "A request for such a review" and inserting the following: 
'Such an appeal' 
Amend the bill by striking out all of sections 20 and 21 and inserting the following: 
'Sec. 20. 12 MRSA §685-B, sub-§2-C, as amended by PL 2009, c. 615, Pt. D, 
§3, is repealed and the following enacted in its place: 
2-C. 
Wind energy development; community-based offshore wind energy 
projects; determination deadline. 
For pumoses of this subsection, "expedited 
permitting area," "grid-scale wind energy development" and "wind energy development" 
have the same meanings as in Title 35-A, section 3451. The following provisions govern 
wind energy development. 
A. The commission shall consider any wind energy development in the expedited 
permitting area under Title 35-A, chapter 34-A with a generating capacity of 100 
kilowatts or greater or a community-based offshore wind energy project a use 
requiring a permit, but not a special exception, within the affected districts or 
subdistricts. 
B. 
All grid-scale wind energy development proposed for the unorganized or 
deorganized areas of the State is reviewed and permits are issued by the Department 
of Environmental Protection under Title 35-A, chapter 34-A and Title 38, section 
489-A-l. 
C. For an offshore wind energy project that is proposed within one nautical mile of 
an island within the unorganized or deorganized areas, the commission shall review 
the proposed project to determine whether the project qualifies as a community-based 
offshore wind energy project and therefore is within the jurisdiction of the 
commission. 
D. Except for a grid-scale wind energy project, the commission may require an 
applicant to provide a timely notice of filing prior to filing an application for, and 
may require the applicant to attend a public meeting during the review of, a wind 
energy development or a community-based offshore wind energy project. 
For 
projects or development located within the expedited permitting areas, the 
commission shall render its determination on an application for such a development 
or project within 185 days after the commission determines that the application is 
complete, except that the commission shall render such a decision within 270 days if 
it holds a hearing on the application. The chair of the Public Utilities Commission or 
the chair's designee shall serve as a nonvoting member of the commission and may 
participate fully but is not required to attend hearings when the commission considers 
an application for a community-based offshore wind energy project. The chair's 
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COMMITTEE AMENDMENT "A" to H.P. 1325, L.D. 1798 
participation on the commission pursuant to this subsection does not affect the ability 
of the Public Utilities Commission to submit information into the record of the 
commission's proceedings. 
E. At the request of an applicant, the commission may stop the processing time for a 
period of time agreeable to the commission and the applicant. The expedited review 
period specified in paragraph D does not apply to the associated facilities, as defined 
in Title 35-A, section 3451, subsection 1, of the wind energy development or 
community-based offshore wind energy project if the commission determines that an 
expedited review time is unreasonable due to the size, location, potential impacts, 
multiple agency jurisdiction or complexity of that portion of the development or 
project. 
Sec. 21. 12 MRSA §685-B, sub-§3-A, as enacted by PL 1999, c. 333, §15, is 
amended to read: 
3-A. Hearings and procedures. Hearings and procedures in connection with the 
review and approval of a permit application are subject to this subsection. To the extent 
practicable, hearings held under this subsection must be held at a location in close 
proximity to the project or projects under review. 
A. The commission may determine on its own motion to hold a hearing on the 
application. 
B. If the commission determines to act upon a permit application without a hearing, 
the commission, within 90 days after receiving the complete application, shall make 
findings of fact and issue an order either granting approval, subject to reasonable 
terms and conditions that the commission determines appropriate in order to fulfill 
the requirements and intent of this chapter, the comprehensive land use plan and the 
commission's standards, or denying approval of the application as proposed. 
C. Any person aggrieved by a decision of the commission or its staff concerning any 
permit application upon which no hearing was held may, within 30 days of that 
decision, petition the commission for a hearing. The commission is not required to 
hold a hearing, but shall respond within 45 days of receipt of the petition by notifying 
the petitioner in writing of the date, time and place set for the requested hearing or of 
the denial of the request. 
D. 
Within 60 days after the commission adjourns any hearing held under this 
subsection, it shall make findings of fact and issue an order either granting approval, 
subject to reasonable terms and conditions that the commission determines 
appropriate in order to fulfill the requirements and intent of this chapter, the 
comprehensive land use plan and the commission's standards, or denying approval of 
the application as proposed. 
Sec. 22. 12 MRSA §685-B, sub-§4, as amended by PL 2009, c. 615, Pt. D, §4, is 
further amended to read: 
4. Criteria for approval. In approving applications submitted to it pursuant to this 
section, the commission may impose such reasonable terms and conditions as the 
commission may consider appropriate. 
In making a decision under this subsection 
regarding an application for a community-based offshore wind energy project, the 
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COMMITTEE AMENDMENT "A" to H.P. 1325, L.D. 1798 
commission may not consider whether the project meets the specific criteria designated in 
section 1862, subsection 2, paragraph A, subparagraph (6), divisions (a) to (d). This 
limitation is not intended to restrict the commission's review of related potential impacts 
of the project as determined by the commission. 
The commission may not approve an application, unless: 
A. Adequate technical and financial provision has been made for complying with the 
requirements of the State's air and water pollution control and other environmental 
laws, and those standards and regulations adopted with respect thereto, including 
without limitation the minimum lot size laws, sections 4807 to 4807-0, the site 
location of development laws, Title 38, sections 481 to 490, and the natural resource 
protection laws, Title 38, sections 480-A to 480-Z, and adequate provision has been 
made for solid waste and sewage disposal, for controlling of offensive odors and for 
the securing and maintenance of sufficient healthful water supplies; 
B. Adequate provision has been made for loading, parking and circulation of land, 
air and water traffic, in, on and from the site, and for assurance that the proposal wiIl 
not cause congestion or unsafe conditions with respect to existing or proposed 
transportation arteries or methods; 
C. Adequate provision has been made for fitting the proposal harmoniously into the 
existing natural environment in order to ensure there will be no undue adverse effect 
on existing uses, scenic character and natural and historic resources in the area likely 
to be affected by the proposaL In making a determination under this paragraph 
regarding development to facilitate withdrawal of groundwater, the commission shall 
consider the effects of the proposed withdrawal on waters of the State, as defined by 
Title 38, section 361-A, subsection 7; water-related natural resources; and existing 
uses, including, but not limited to, public or private wells, within the anticipated zone 
of contribution to the withdrawal. In making findings under this paragraph, the 
commission shall consider both the direct effects of the proposed withdrawal and its 
effects in combination with existing water withdrawals. 
In making a determination under this paragraph regarding an eJl:fledited wind energy 
deYelopment, as defined in Title 35 A, seetion 3451, s$seetion 4, or a community-
based offshore wind energy project, the commission shall consider the deYelopment's 
er project's effects on scenic character and existing uses related to scenic character in 
accordance with Title 35-A, section 3452. 
In making a determination under this paragraph regarding a wind energy 
development, as defined in Title 35-A, section 3451, subsection 11, that is not a grid-
scale wind energy development, that has a generating capacity of 100 kilowatts or 
greater and that is proposed for location within the expedited permitting area, the 
commission shall consider the development's or project's effects on scenic character 
and existing uses relating to scenic character in the manner provided for in Title 
35-A, section 3452; 
C-l. With respect to a wind energy development that has a generating capacity of 
kilowatts or greater, the person proposing the development has received 
certification from the Department of Environmental Protection in the manner 
provided under Title 35-A, section 3456; 
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COMMITTEE AMENDMENT ,A" to H.P. 1325, L.D. 1798 
D. The proposal will not cause unreasonable soil erosion or reduction in the capacity 
of the land to absorb and hold water and suitable soils are available for a sewage 
disposal system if sewage is to be disposed on-site; 
E. The proposal is otherwise in conformance with this chapter and the regulations, 
standards and plans adopted pursuant thereto; and 
F. In the case of an application for a structure upon any lot in a subdivision, that the 
subdivision has received the approval of the commission. 
The burden is upon the applicant to demonstrate by substantial evidence that the criteria 
for approval are satisfied, and that the public's health, safety and general welfare will be 
adequately protected. E'Keeflt as atherwise flravided in Title 35 A, seetian 3454, the The 
commission shall permit the applicant and other parties to provide evidence on the 
economic benefits of the proposal as well as the impact of the proposal on energy 
resources.' 
Amend the bill by striking out all of section 26. 
Amend the bill in section 28 in §689 in the first paragraph by striking out all of the 
last sentence (page 16, lines 1 to 3 in L.D.) 
Amend the bill by striking out all of sections 29, 30 and 31. 
Amend the bill in section 32 in subsection 8 in paragraph B in the last line (page 16, 
line 35 in L.D.) by inserting after the following: "subsection 19" the following: 'and a 
wind energy development in the unorganized and deorganized areas as defined in Title 
12, section 682, subsection 1 that is not grid-scale wind energy development' 
Amend the bill by inserting after section 32 the following: 
'Sec. 33. 35-A MRSA §3454, first~, as enacted by PL 2007, c. 661, Pt. A, §7, is 
amended to read: 
In making findings pursuant to Title 12, seetian €i85 S, subseetian 4 aF Title 38, 
section 484, subsection 3, the primary siting authority shall presume that an expedited 
wind energy development provides energy and emissions-related benefits described in 
section 3402 and shall make additional findings regarding other tangible benefits 
provided by the development. The Department of Labor, the Executive Department, 
State Planning Office and the Public Utilities Commission shall provide review 
comments if requested by the primary siting authority. 
Sec. 34. 35-A MRSA §3454, sub-§2, as enacted by PL 2009, c. 642, Pt. A, §7, is 
amended to read: 
2. Community benefits package requirement. Except as provided in subsection 3, 
to demonstrate that an expedited wind energy development provides significant tangible 
benefits as required in Title 12, seetian €i85 S, subseetian 4 B and Title 38, section 484, 
subsection 10, the applicant for an expedited wind energy development is required to 
establish a community benefits package valued at no less than $4,000 per year per wind 
turbine included in the expedited wind energy development, averaged over a 20-year 
period. This subsection does not affect the property tax obligations of an expedited wind 
energy development. 
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COMMITTEE AMENDMENT "A' to H.P. 1325, L.D. 1798 
Sec.35. 35-A MRSA §3456, sub-§l, as enacted by PL 2007, c. 661, Pt. A, §7, is 
amended to read: 
1. Construction and operation requirements. A person may not construct or 
operate a wind energy development, other than a grid-scale wind energy development, 
that is loeated in the State's organized area without first obtaining a certification from the 
department that the generating facilities: 
A. Will meet the requirements of the noise control rules adopted by the Board of 
Environmental Protection pursuant to Title 38, chapter 3, subchapter 1, article 6; 
B. Will be designed and sited to avoid unreasonable adverse shadow flicker effects; 
and 
C. Will be constructed with setbacks adequate to protect public safety. In making a 
finding pursuant to this paragraph, the department shall consider the recommendation 
of a professional, licensed civil engineer as well as any applicable setback 
recommended by a manufacturer ofthe generating facilities. 
A person proposing a wind energy development subject to certification under this section 
shall apply to the department for certification using an application provided by the 
department and may not begin construction until the certification is received. 
Sec. 36. 38 MRS A §480-E-l, sub-§4 is enacted to read: 
4. Projects reviewed under site location of development laws. The department 
issues all permits required under this article for projects wholly or in part in the 
jurisdiction of the Maine Land Use Planning Commission that are subject to review and 
permitting under article 6.' 
Amend the bill by striking out all of sections 34 and 35 and inserting the following: 
'Sec. 34. 38 MRSA §488, sub-§9-A is enacted to read: 
9-A. Development within unorganized areas. Except for development described 
in paragraphs A, Band C, development located within the unorganized and deorganized 
areas, as defined in Title 12, section_682, subsection 1, is subject to review by the 
department for compliance with this article. The department shall review development 
within the unorganized and deorganized areas in accordance with section 489-A-l. 
A. A community-based offshore wind energy project, as defined in Title 12, section 
682, subsection 19, is reviewed under Title 12, section 685-B, subsection 2-C and is 
exempt from the requirements of this article. 
B. Except for grid-scale wind energy development, development within a planned 
subdistrict as defined in Title 12, section 682, subsection 20 and approved or 
accepted for processing prior to September 1, 2012 is reviewed by the commission 
and is exempt from the requirements of this article. 
C. An amendment or revision to a development approved by the Maine Land Use 
Regulation Commission prior to September 1,2012 is exempt from review under this 
article unless the proposed revision by itself is a development of state or regional 
significance that may substantially affect the environment. 
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COMMITTEE AMENDMENT "A "to H.P. 1325, L.D. 1798 
Subdivision plans approved and orders issued by the department under this article must 
be recorded in the registry of deeds in the county in which the development is located 
within 90 days. 
Violation and enforcement provisions in chapter 2, subchapter 1 apply to development 
reviewed by the department under this subsection. 
Sec. 35. 38 MRSA §489-A-l is enacted to read: 
§489-A-l. 
Department review of development within the unorganized and 
deorganized areas 
1. Review. Except as provided in section 488, subsection 9-A, paragraphs A, Band 
C, the department shall review development within the unorganized and deorganized 
areas as defined in Title 12, section 682, subsection 1. 
2. Criteria for approval. 
The department shall approve a development proposal 
under this section if: 
A. The proposed development is an allowed use within the subdistrict or subdistricts 
in which it is to be located. Subdistricts and allowed uses are established in rule by 
the Maine Land Use Planning Commission in accordance with Title 12, section 
685-A; 
B. The standards established under section 484 are met; 
C. The standards established in rules adopted under section 489-E to implement this 
section are met; and 
D. 
The Maine Land Use Planning Commission has certified that the proposed 
development meets any land use standard established by the commission and 
applicable to the project that is not considered in the department's review under 
subsection 1. 
For a development or part of a development within the unorganized or deorganized areas 
as defined in Title 12, section 682, subsection 1, the department may request and obtain 
technical assistance and recommendations from the Maine Land Use Planning 
Commission. 
The commission shall respond to the requests within 90 days. 
The 
department shall consider the recommendations of the commission in acting upon a 
development application. 
Violation and enforcement provisions in chapter 2, subchapter 1 apply to 
development reviewed by the department under this section. 
Sec. 36. 
Directive to initiate prospective zoning. The Maine Land Use 
Planning Commission shall initiate prospective zoning in the unorganized and 
deorganized areas of the State. The commission shall allocate staff resources to 
prospective zoning in areas prioritized by the commission and shall coordinate 
prospective zoning in cooperation with efforts of local planning organizations and 
regional planning and development districts. In the 2013 annual report submitted under 
the Maine Revised Statutes, Title 12, section 685-H, the commission shall identify the 
area or areas for which prospective zoning has begun and provide a timeline for 
completion of these initiatives. 
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Sec. 37. Directive to provide opportunities for preapplication discussions. 
The Maine Land Use Planning Commission shall establish a process by which an 
applicant can request a public preapplication meeting with the commissioners to discuss a 
proposed project. 
Sec. 38. Designation of planned subdistricts. The term "planned subdistrict" 
as defined in the Maine Revised Statutes, Title 12, section 682, subsection 20 and used in 
Title 12, chapter 206-A includes, but is not limited to, the following concept plans, 
resources protection plans and planned development districts approved or accepted for 
processing by the Maine Land Use Regulation Commission as of March 16,2012: 
Planned subdistricts in Maine Land Use Regulation Commission jurisdiction as of 
March 16,2012: Includes Resource Protection Plans (P-RP), Concept Plans (P-
RP), and Planned Development Subdistricts (D-PD). Plan and permit numbers 
are provided. 
Project 
P-RP 
P-RP 
D-PD 
Resource 
Concept Plan Planned 
Protection 
Development 
Plan 
Subdistrict 
Dix Island Resource Plan 
Plan #001 
(Multiple landowners) 
ZP 089 
Hewett Island Resource Plan 
Plan #002 
(Multiple landowners) 
ZP 057 
St. John River Resource Plan 
Plan #004 
(Multiple landowners) 
ZP224 
White Mountain National Forest 
Plan #005 
Resource Plan (U.S. Forest Service) 
ZP 155 
Metinic Island Resource Plan -
Plan #006 
North Half 
ZP 531 
(MUltiple landowners) 
Attean Twp. and Dennistown PIt. 
Plan #007 
Concept Plan (Lowell & Co. Timber 
ZP 532 
Associates) 
Metinic Island Resource Plan -
Plan #008 
South Half 
ZP 578 
(Multiple landowners) 
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COMMITfEE AMENDMENT 'A "to H.P. 1325, L.D. 1798 
First Roach Pond Concept Plan 
(Plum Creek Land Co.) 
Penobscot River Resource Plan -
Lower West Branch (Multiple 
landowners) 
Brassua Lake Concept Plan 
(Moosehead Wildlands, Inc.) 
Foss Pond, Hilton Ponds and 
portions of Whetstone Pond Concept 
Plan (Kingsbury PIt.) (Linkletter & 
Sons, Inc.) 
Moosehead Lake Region Concept 
Plan (Plum Creek Maine 
Timberlands, LLC and Plum Creek 
Land Co.) 
Kibby Wind Power Project 
(Trans Canada Maine Wind 
Development, Inc.) 
Stetson Wind Power Project 
(Evergreen Wind Power V, 
LLC/First Wind) 
Saddleback Ski Resort (Saddleback 
Land & Timber Corp.) 
Plan #011 
ZP 671 
Plan #009 
ZP 659 
Plan #012 
ZP 682 
Plan #013 
ZP 693 
Plan #014 
ZP 707 
ZP709 
DP4794 
ZP 713 
DP 4788 
ZP 372 
DP 4131 
Amend the bill in section 36 by striking out all of subsection 1 (page 17, lines 38 to 
and page 18, lines 1 to 9 in L.D.) and inserting the following: 
'I. The members of the Maine Land Use Regulation Commission serving on the 
effective date of this Act continue as members of the Maine Land Use Planning 
Commission until the expiration of their terms under the Maine Revised Statutes, former 
Title 12, section 683. The term of any member that expires after the effective date ofthis 
Act but before December 15,2012 is extended until December 15,2012. To implement 
the difference in the number of members of the Maine Land Use Regulation Commission 
and the Maine Land Use Planning Commission, beginning December 15, 2012, 2 
additional members must be nominated under Title 12, section 683-A from the 2 counties 
with the highest acreage of unorganized and deorganized areas. When the term of a 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT;4 "to H.P. 1325, L.D. 1798 
member serving on the commission under former Title 12, section 683 expires, a member 
must be nominated from the county with the next highest acreage of unorganized and 
deorganized areas until all 6 county nominations have been completed. When all county 
positions have been nominated, the next vacancy must be filled by the nomination of the 
member nominated by the Governor. 
Notwithstanding Title 12, section 684, until 9 
members have been confirmed as members of the commission, a quorum of the 
commission for the transaction of business is 4 and no action may be taken by the 
commission unless approved by a vote of 4 members.' 
Amend the bill in section 36 in subsection 8 in the 3rd line (page 18, line 38 in L.D.) 
by striking out the following: "and in effect" 
Amend the bill in section 36 in subsection 8 in the 2nd line from the end (page 19, 
line 1 in L.D.) by striking out the following: 
"routine technical" and inserting the 
following: 'major substantive' 
Amend the bill by striking out all of sections 37 and 38 and inserting the following: 
'Sec. 37. Maine Revised Statutes amended; revision clause. Wherever in the 
Maine Revised Statutes the words "Maine Land Use Regulation Commission" appear or 
reference is made to that entity or those words, those words are amended to read or mean, 
as appropriate, "Maine Land Use Planning Commission" or "commission," and the 
Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. 38. Appropriations and allocations. The following appropriations and 
allocations are made. 
CONSERVATION, DEPARTMENT OF 
Land Use Regulation Commission 0236 
Initiative: Transfers 2 Environmental Specialist III positions from the Land Use 
Regulation Commission program in the Department of Conservation to the Land and 
Water Quality program in the Department of Environmental Protection effective 
November 1,2012. Also transfers All Other related to these positions. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Office of the Commissioner 0222 
2011-12 
0.000 
$0 
$0 
2012-13 
(2.000) 
($98,079) 
($98,079) 
Initiative: Transfers 2 Environmental Specialist III positions from the Land Use 
Regulation Commission program in the Department of Conservation to the Land and 
Water Quality program in the Department of Environmental Protection effective 
November 1,2012. Also transfers All Other related to these positions. 
COMMITTEE AMENDMENT 
\ .' 
COMMITTEE AMENDMENT "A" to H.P. 1325, L.D. 1798 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
CONSERVATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Administration - Environmental Protection 0251 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
$0 
2012-13 
($2,323) 
($2,323) 
2012-13 
($410) 
($410) 
2012-13 
($100,402) 
($410) 
($100,812) 
Initiative: Transfers 2 Environmental Specialist III positions from the Land Use 
Regulation Commission program in the Department of Conservation to the Land and 
Water Quality program in the Department of Environmental Protection effective 
November 1,2012. Also transfers All Other related to these positions. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Land and Water Quality 0248 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
2012-13 
$1,222 
$1,222 
2012-13 
$963 
$963 
Initiative: Transfers 2 Environmental Specialist III positions from the Land Use 
Regulation Commission program in the Department of Conservation to the Land and 
Water Quality program in the Department of Environmental Protection effective 
November 1,2012. Also transfers All Other related to these positions. 
COMMITTEE AMENDMENT 
'j. c" 
,.' 
COMMITTEE AMENDMENT "An to H.P. 1325, L.D. 1798 
GENERAL FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2011-12 
0.000 
$0 
$0 
$0 
2011-12 
$0 
$0 
$0 
2011-12 
$0 
$0 
$0 
2012-13 
2.000 
$97,663 
$1,101 
$98,764 
2012-13 
$99,986 
$963 
$100,949 
2012-13 
($416) 
$553 
$137 
Sec. 39. Effective date. Those sections of this Act that repeal the Maine Revised 
Statutes, Title 38, section 488, subsection 9 and enact Title 38, section 480-E-l, 
subsection 4, Title 38, section 488, subsection 9-A and Title 38, section 489-A-1 take 
effect August 1, 2012.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes the provisions for a county to assume authority for land use 
planning and regulation for the unorganized and de organized areas of that county. This 
amendment increases the number of county nominees to the Maine Land Use Planning 
Commission to 8 and requires all members to be confirmed by the Senate. It includes a 
provision for the Governor to make a nomination if a county does not make a nomination 
within 90 business days of that county's being eligible to make a nomination. It requires 
county nominees to meet certain qualifications. It specifies that county representatives 
may not be nominated before December 15, 2012. 
It specifies that the Maine Land Use Planning Commission retains jurisdiction over a 
planned subdistrict if a municipality or plantation in which the planned subdistrict is 
COMMITTEE AMENDMENT 
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\., 
COMMITTEE AMENDMENT ,A" to H.P. 1325, L.D. 1798 
located assumes authority for land use planning and regulation unless the owner of the 
land delineated as a planned subdistrict agrees to the transfer of authority. 
It clarifies which projects will be reviewed and permitted by the Department of 
Environmental Protection. It clarifies that the Maine Land Use Planning Commission 
must receive certification from the Department of Environmental Protection prior to 
permitting non-grid-scale wind energy development. It clarifies that certification from 
the Maine Land Use Planning Commission is needed prior to the Department of 
Environmental Protection's issuing permits under the site location of development laws. 
The Maine Land Use Planning Commission retains responsibility for the review and 
permitting of projects that would otherwise be reviewed by the Department of 
Environmental Protection under the site location of development laws in planned 
subdistricts approved or accepted for review prior to September 1,2012. 
It adds a section of unallocated law that directs the Maine Land Use Planning 
Commission to establish a process by which a landowner can request a preapplication 
meeting to discuss a potential project with the commission and a section directing the 
Maine Land Use Planning Commission to initiate prospective zoning and to provide 
information on the process of zoning in its January 2013 report. It lists in unallocated law 
all planned subdistricts that have been approved and proposals for planned subdistricts 
that have been accepted for processing as of March 16, 2012. It adds an appropriations 
and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
•
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Approved: 04/05112 ;tvac 
. """ .... 
LD 1798 
LR 2697(02) 
An Act To Reform Land Use Planning in the Unorganized Territory 
Fiscal Note for Bill ~s Amended by Committee Amendment ';,4" (I-l-q 18) 
Committee: Agriculture, Conservation and Forestry 
Net Cost (Savings) 
General Fund 
Appropriations! Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
$0 
$0 
$0 
FY 2012-13 
($416) 
($416) 
$553 
Projections 
FY2013-14 
$1,446 
$1,446 
$553 
Projections 
FY 2014-15 
$3,459 
$3,459 
$553 
This legislation transfers review and permitting authority for certain projects from the Department of Conservation, 
Land Use Regulation Commission to the Department of Environmental Protection, Land and Water Quality. It 
includes a General Fund deappropriation and Other Special Revenue Funds deallocation to the Department of 
Conservation of$100,402 and $410 in fiscal year 2012-13 as a result of transferring 2 Environmental Specialist II 
positions and related administrative costs from the Department of Conservation to the Department of Environmental 
Protection. The bill includes a fiscal year 2012-13 General Fund appropriation of $99,986 and an Other Special 
Revenue Funds allocation of$963 to the Department of Environmental Protection. 
Additional costs to the Department of Conservation associated with initiating prospective zoning in unorganized and 
deorganized areas, establishing a process by which an applicant can request a public preapplication meeting and 
preparing an annual performance report can be absorbed within existing budgeted resources. 
LR2697(02) - Fiscal Note - Page 1 of 1