An Act To Reform Land Use Planning in the Unorganized Territory
Maine Legislature, Session 125, LD 1798
Committee: Agriculture, Conservation and Forestry
Amends: 5 MRSA §12004-D, 12 MRSA §681, 12 MRSA §683-A, 12 MRSA §682, 12 MRSA §683, 12 MRSA §684, 12 MRSA §685, 12 MRSA §685-A, 12 MRSA §685-B, 12 MRSA §685-C, 12 MRSA §685-F, 12 MRSA §685-G, 12 MRSA §685-H, 12 MRSA §689, 30-A MRSA §7501, 35-A MRSA §3451, 38 MRSA §488, 38 MRSA §489-A

Legislative Document 
No. 1798 
H.P. 1325 
House of Representatives, January 26, 2012 
An Act To Reform Land Use Planning in the Unorganized Territory 
Reported by Representative EDGECOMB of Caribou for the Joint Standing Committee on 
Agriculture, Conservation and Forestry pursuant to Resolve 2011, chapter 113, section 9. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed pursuant to Joint Rule 218. 
HEATHER J.R. PRIEST 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-D, sub-§1, as amended by PL 2007, c. 617, §1, is 
repealed. 
Sec. 2.  5 MRSA §12004-D, sub-§1-A is enacted to read: 
1-A.   
Sec. 3.  12 MRSA §681, as amended by PL 2009, c. 401, §1, is further amended to 
read: 
§681.  Purpose and scope 
The Legislature finds that it is desirable to extend principles of sound planning, 
zoning and subdivision control development to the unorganized and deorganized 
townships of the State: To preserve public health, safety and general welfare; to support 
and encourage Maine's natural resource-based economy and strong environmental 
protections; to encourage appropriate residential, recreational, commercial and industrial 
land uses; to honor the rights and participation of residents and property owners in the 
unorganized and deorganized areas while recognizing the unique value of these lands and 
waters to the State; to prevent inappropriate residential, recreational, commercial and 
industrial uses detrimental to the proper long-term health, use or and value of these areas 
and to Maine's natural resource-based economy; to prevent discourage the intermixing of 
incompatible industrial, commercial, residential and recreational activities; to provide for 
appropriate residential, recreational, commercial and industrial uses; to prevent the 
development in these areas of substandard structures or structures located unduly 
proximate to waters or roads; to prevent the despoliation, pollution and inappropriate use 
detrimental uses of the water in these areas; and to preserve conserve ecological and 
natural values. 
Maine Land Use Planning 
Commission 
Legislative Per Diem Plus 
Expenses.  
Notwithstanding any 
limitation on noonday meal 
expenses in section 12002, 
subsection 2, for each day 
in attendance at a 
commission meeting or 
hearing, each member is 
entitled to a meal 
allowance not to exceed the 
legislative meal allowance 
for each session day as 
provided for in Title 3, 
section 2. 
MRSA §683-A
 The Legislature declares it to be in the public interest, for the public benefit, for the 
good order of the people of this State and for the benefit of the property owners and 
residents of the unorganized and deorganized townships of the State, to encourage the 
well-planned and well-managed multiple use, including conservation, of land and 
resources and to encourage and facilitate regional economic viability.  The Legislature 
acknowledges the importance of these areas in the continued vitality of the State and to 
local economies.  Finally, the Legislature desires to encourage the appropriate use of 
these lands by the residents of Maine and visitors in pursuit of outdoor recreation 
activities, including, but not limited to, hunting, fishing, boating, hiking and camping. 
Sec. 4.  12 MRSA §682, sub-§1, as amended by PL 2009, c. 615, Pt. D, §1, is 
repealed and the following enacted in its place: 
1.  Unorganized and deorganized areas.  "Unorganized and deorganized areas" 
includes: 
A.  All unorganized and deorganized townships; 
B.  Plantations that have not received commission approval under section 685-A, 
subsection 4-A to implement their own land use controls; 
C.  Municipalities that have organized since 1971 that have not received commission 
approval under section 685-A, subsection 4-A to implement their own land use 
controls; and 
D.  All other areas of the State that are not part of a municipality except Indian 
reservations. 
For the purposes of permitting a community-based offshore wind energy project and 
structures associated with resource analysis activities necessary for such an intended 
project, the area of submerged land to be occupied for such a project and resource 
analysis structures is considered to be in the unorganized or deorganized areas. 
Sec. 5.  12 MRSA §682, sub-§20 is enacted to read: 
20.  Planned subdistrict.  "Planned subdistrict" means a delineated area for which a 
specific land use plan and standards have been approved by the commission. 
Sec. 6.  12 MRSA §683, as amended by PL 2009, c. 328, §1, is repealed. 
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 1-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, appointed or designated in accordance with subsections 1 and 2. 
1.  Appointments by the Governor.  The Governor shall appoint 3 members to the 
commission. Gubernatorial appointments are subject to review by the joint standing 
committee of the Legislature having jurisdiction over conservation matters and to 
confirmation by the Legislature.  In selecting appointees, 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.  Appointees to 
the commission must be familiar with the needs and issues affecting the commission's 
jurisdiction.  All appointees must: 
A.  Reside in the commission's jurisdiction; 
B.  Work in the commission's jurisdiction; 
C.  Be a former resident or be retired after working within the commission's 
jurisdiction for a minimum of 5 years; or 
D.  Have expertise in commerce and industry, fisheries and wildlife, forestry or 
conservation issues as these activities affect the commission's jurisdiction. 
2.  Members representing a county. Except as provided in subsection 5, one 
member must be appointed by each of the 6 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 select one among them or appoint 
another  resident of that county to serve as a member of the commission. 
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. 
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.  Replacement of a county representative.  If a county with a representative 
serving on the commission under subsection 2 assumes authority for land use planning 
and regulation under section 685-A, subsection 4-B, that county is no longer entitled to a 
member on the commission. The county commissioners of the county with the next 
highest acreage in the unorganized and deorganized areas without a representative on the 
commission shall appoint a person to represent that county as soon as practicable. 
6.  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. 
Sec. 8.  12 MRSA §684, first ¶, as amended by PL 1999, c. 333, §4, is further 
amended to read: 
The commission shall elect annually, from its own membership, a chair and such 
other officers it considers necessary. Meetings are held at the call of the chair or at the 
call of more than 1/2 of the membership. Meetings must be held at a location within the 
jurisdiction of the commission or another convenient location approved by the chair.  The 
commission, acting in accordance with the procedures set forth in Title 5, chapter 375, 
subchapter II 2, may adopt whatever rules it considers necessary for the conduct of its 
business. The commission shall keep minutes of all proceedings, which are a public 
record available and on file in the office of the commission. Members of the commission 
are compensated as provided in Title 5, chapter 379.  Commission members must receive 
an orientation and annual continuing education on this chapter, commission rules and 
planning and regulatory processes.  A quorum of the commission for the transaction of 
business is  4  5 members. No action may be taken by the commission unless upon 
approval by a vote of  4  5 members. 
Sec. 9.  12 MRSA §685, as amended by PL 1987, c. 308, §5 and c. 508, is further 
amended to read: 
§685.  Commission budget, financing and personnel 
The Commissioner of Conservation shall prepare a biennial budget and shall submit 
to the Legislature requests for appropriations sufficient to carry out its assigned tasks. The 
commission may accept contributions of any type from any source to assist it in carrying 
out its assigned tasks, and make such requirements in respect to the administration of 
such funds, not inconsistent with this subchapter, as are required as conditions precedent 
to receiving such funds, federal or otherwise. The commission shall give public notice of 
all contributions, in the state paper, stating the source, the amount and the purpose of such 
contributions. The commission may contract with municipal, State county, state and 
Federal Governments federal governments or their agencies to assist in the carrying out 
of any of its assigned tasks. The Commissioner of Conservation, with the consent of a 
majority of the commission, shall appoint a director who shall be is the principal 
administrative, operational and executive employee of the commission. The director shall 
attend all meetings of the commission and be is permitted to participate fully but shall is 
not be a voting member of the commission. 
The commission shall establish and maintain at least 2 field offices, one in Greenville 
and one in Ashland, designed principally to provide assistance to the public on permit 
applications and to carry out such other functions of the commission as appropriate. 
These field offices shall must be established in at locations in or close to the 
commission's jurisdiction and chosen to provide the maximum benefit to the public while 
minimizing costs. Historic levels of permitting activity, the convenience of access and the 
availability and cost of office facilities shall must be considered in choosing the field 
office locations. Each office shall must be open on a part-time basis at least 2 days a 
month or as public demand for the services of such field offices warrant warrants and as 
resources allow. Whenever practicable, the commission shall make use of existing 
personnel to staff these field offices.  Personnel must receive regular training to address 
customer service and other needs. 
Sec. 10.  12 MRSA §685-A, sub-§1, as amended by PL 1999, c. 333, §5, is 
further amended to read: 
1.  Classification and districting of lands.  The commission, acting on principles of 
sound land use planning and development, shall determine the boundaries of areas within 
the unorganized and deorganized areas of the State that fall into land use districts and 
designate each area in one of the following major district classifications: protection, 
management and development. The commission, acting in accordance with the 
procedures set forth in Title 5, chapter 375, subchapter II 2, shall adopt regulations rules 
for determining the boundaries of each major type of district in accordance with the 
following standards: 
A.    Protection districts: Areas where development would jeopardize significant 
natural, recreational and historic resources, including, but not limited to, flood plains, 
precipitous slopes, wildlife habitat and other areas critical to the ecology of the region 
or State; 
B.    Management districts: Areas that are appropriate for commercial forest product 
or agricultural uses or for the extraction of nonmetallic minerals and for which plans 
for additional development are not presently formulated nor additional development 
anticipated; and 
D.  Development districts: Areas discernible as having patterns of intensive that are 
appropriate for residential, recreational, commercial or industrial use or commercial 
removal of metallic minerals and areas appropriate for designation as development 
districts when measured against the purpose, intent and provisions of this chapter. 
In addition to delineating the major district classifications listed, the commission may 
delineate such subclassifications as may be necessary and desirable to carry out the intent 
of this chapter. The commission may delineate and designate planned subdistricts and 
establish standards unique to each to efficiently balance the benefits of development and 
resource protection. 
Sec. 11.  12 MRSA §685-A, sub-§4, as amended by PL 1987, c. 737, Pt. C, §§22 
and 106; PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed and the 
following enacted in its place: 
4.  Land use standards considered as minimum requirements.  Land use 
standards must be interpreted and applied by the commission as minimum requirements, 
adopted to reasonably and effectively promote health, safety and general welfare and 
ensure compliance with state plans and policies. 
If the requirements of the adopted land use standards are at variance with the 
requirements of any other lawfully adopted rules, regulations, standards, ordinances, deed 
restrictions or covenants, the more protective of existing natural, recreational and historic 
resources governs. 
The action by the commission under this subsection, subsection 4-A or subsection 4-B 
must conform with the provisions for rulemaking of the Maine Administrative Procedure 
Act. 
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. 
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 
have 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; 
(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. 
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. 
Sec. 13.  12 MRSA §685-A, sub-§4-B is enacted to read: 
4-B.  Transition from commission jurisdiction to county.  Subject to the same 
conditions that apply to municipalities under Title 30-A, chapter 187, subchapter 2, 
beginning September 1, 2015, a county may assume authority for land use planning, 
zoning and subdivision regulation in the unorganized and deorganized areas within its 
borders if the following conditions have been met: 
A.  The county has adopted a county charter consistent with Title 30-A, chapter 11, 
and the charter authorizes the county commissioners to exercise authority for land use 
planning, zoning and subdivision regulation in the unorganized and deorganized areas 
within its borders; 
B.  The county has submitted to the State Planning Office or its successor a 
comprehensive plan for the unorganized and deorganized areas within its borders, 
and the plan has been reviewed and approved by the office or its successor in the 
same manner and subject to the same requirements that apply to a comprehensive 
plan submitted by a municipality for approval under Title 30-A, chapter 187, 
subchapter 2; 
C.  The county has plans and budgetary resources to provide the necessary planning, 
permitting and enforcement staff and to cover related costs; 
D.  The county has established a planning committee in the same manner as a 
municipality under Title 30-A, section 4324 and a board of appeals in the same 
manner as a municipality under Title 30-A, section 2691; and 
E.  The county has prepared planning and zoning maps, regulations and standards. 
Upon assuming jurisdiction for land use planning, zoning and subdivision regulation in 
unorganized and deorganized areas within its borders under this subsection, a county has 
the same authority to adopt, amend, administer and enforce an approved land use plan, 
maps, regulations and standards as a municipality under Title 30-A, chapter 187, 
subchapter 2. 
Sec. 14.  12 MRSA §685-A, sub-§8-A, ¶B, as enacted by PL 1999, c. 333, §10, 
is amended to read: 
B.  The proposed land use district satisfies a demonstrated need in the community or 
area and has no undue adverse impact on existing uses or resources or a new district 
designation is more appropriate for the protection and management of existing uses 
and resources within the affected area. 
Sec. 15.  12 MRSA §685-A, sub-§12, as repealed and replaced by PL 2005, c. 
226, §1, is amended to read: 
12.  Timber harvesting activities.  Rules adopted by the Commissioner of 
Conservation pursuant to section 8867-B for the purpose of regulating timber harvesting 
and timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and 
tidal waters become effective for the unorganized and deorganized areas on the date 
established under Title 38, section 438-B, subsection 5 of the State September 1, 2012. 
For the purposes of this subsection, "timber harvesting" and "timber harvesting activities" 
have the same meanings as in section 8868, subsections 4 and 5. 
The Beginning September 1, 2012, the Director of the Bureau of Forestry within the 
Department of Conservation shall administer and enforce the regulation of timber 
harvesting and timber harvesting activities in these areas.  For the purposes of this 
subsection, "timber harvesting" and "timber harvesting activities" have the same 
meanings as in section 8868, subsections 4 and 5 chapter 805, subchapter 3-A within the 
unorganized and deorganized areas of the State in accordance with that subchapter and 
rules adopted under it. 
Sec. 16.  12 MRSA §685-A, sub-§13, as enacted by PL 2007, c. 661, Pt. C, §1, is 
amended to read: 
13.  Wind energy development.  Wind energy development is a permitted use within 
those areas identified as expedited permitting areas in the commission's rules adopted 
under Title 35-A, section 3451, subsection 3.  Except for community-based offshore wind 
energy projects, the Department of Environmental Protection shall exclusively administer 
and enforce the land use regulation of wind energy development occurring within the 
expedited permitting areas.  The commission may add areas in the State's unorganized 
and deorganized areas to the expedited permitting area for wind energy development in 
accordance with Title 35-A, section 3453. 
Sec. 17.  12 MRSA §685-A, sub-§14 is enacted to read: 
14.  Site location of development.  The Department of Environmental Protection 
shall administer and enforce Title 38, chapter 3, subchapter 1, article 6 for activities in the 
unorganized and deorganized areas in accordance with Title 38, section 489-A-1 except 
for the following activities: 
A.  Forest practices regulated under subsection 12 and chapter 805, subchapter 3-A; 
and 
B.  Development within planned subdistricts. 
Sec. 18.  12 MRSA §685-B, sub-§1-A, ¶B, as amended by PL 2009, c. 270, Pt. 
D, §1, is further amended to read: 
B.  A Except for development projects that are located in a planned subdistrict, a 
permit is not required for those aspects of a development 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;  
Sec. 19.  12 MRSA §685-B, sub-§1-C is enacted to read: 
1-C.  Delegation to county.  The commission may establish standards by which 
authority may be delegated to a county, upon request of the county commissioners, to 
approve, approve with reasonable conditions or deny applications to conduct specified 
activities requiring a permit and to enforce compliance with the permit. Any person 
aggrieved by a decision of a county has the right to a review of that decision by the 
commission.  A request for such a review must be made within 30 days after the county 
decision. 
Sec. 20.  12 MRSA §685-B, sub-§2-C, as amended by PL 2009, c. 615, Pt. D, §3, 
is further amended to read: 
2-C.  Community-based offshore wind energy projects; determination deadline.  
The following provisions govern community-based offshore wind energy development 
projects. 
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.  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. 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.  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 an 
expedited wind energy development or a community-based offshore wind energy 
project.  The chair's 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.  For purposes of this subsection, 
"expedited permitting area," "expedited wind energy development" and "wind energy 
development" have the same meanings as in Title 35-A, section 3451. 
B.  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 A 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-§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 
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-G, 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 will 
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 expedited wind energy 
development, as defined in Title 35-A, section 3451, subsection 4, or a community-
based offshore wind energy project, the commission shall consider the development's 
or 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; 
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. Except as otherwise provided in Title 35-A, section 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. 
Sec. 22.  12 MRSA §685-B, sub-§4-B, as amended by PL 2009, c. 615, Pt. D, §5, 
is further amended to read: 
4-B.  Special provisions; community-based offshore wind energy project.  In the 
case of a wind energy development, as defined in Title 35-A, section 3451, subsection 11, 
with a generating capacity greater than 100 kilowatts, or a community-based offshore 
wind energy project, the developer must demonstrate, in addition to requirements under 
subsection 4, that the proposed generating facilities, as defined in Title 35-A, section 
3451, subsection 5: 
A.  Will meet the requirements of the Board of Environmental Protection's noise 
control rules adopted pursuant to Title 38, chapter 3, subchapter 1, article 6; 
B.  Will be designed and sited to avoid undue adverse shadow flicker effects; and 
C.  Will be constructed with setbacks adequate to protect public safety, as provided in 
Title 35-A, section 3455.  In making findings pursuant to this paragraph, the 
commission shall consider the recommendation of a professional, licensed civil 
engineer as well as any applicable setback recommended by a manufacturer of the 
generating facilities; and. 
D.  Will provide significant tangible benefits, as defined in Title 35-A, section 3451, 
subsection 10, within the State, as provided in Title 35-A, section 3454, if the 
development is an expedited wind energy development, as defined in Title 35-A, 
section 3451, subsection 4. 
Sec. 23.  12 MRSA §685-C, sub-§1, as amended by PL 2009, c. 375, §1, is 
further amended to read: 
1.  Comprehensive land use plan. The commission shall adopt prepare an official 
comprehensive land use plan, referred to in this subsection as "the plan," for the 
unorganized and deorganized townships areas of the State. 
The commission must use the plan as a guide in developing specific land use standards 
and delineating district boundaries and guiding development and generally fulfilling the 
purposes of this chapter. 
The plan may consist of maps, data and statements of present and prospective resource 
uses that generally delineate the proper use of resources, and recommendations for its 
implementation. 
The commission shall hold public hearings to collect information to be used in 
establishing the land use guidance plan. The public hearings must be conducted according 
to commission rules adopted in accordance with procedures for the establishment of rules 
pursuant to Title 5, chapter 375, subchapter 2. 
The commission may, on its own motion or petition of any state agency or regional 
planning commission, hold such other hearings as the commission considers necessary 
from time to time for the purpose of obtaining information helpful in the determination of 
its policies, the carrying out of its duties or the formulation of its land use standards or 
rules. 
The commission may not adopt a plan or portion of a plan unless: 
A.    The tentative plan has been submitted to each regional planning commission and 
other 
appropriate 
agencies, 
which 
shall 
forward 
their 
comments 
and 
recommendations, if any, to the commission within 30 days; may not finalize a plan 
or a portion of a plan without: 
(1)  Submitting the tentative plan to each regional planning commission and other 
appropriate agencies, which shall forward their comments and recommendations, 
if any, to the commission within 30 days; 
(2)  Submitting the tentative plan to the State Planning Office or its successor, 
pursuant to Title 5, section 3305, subsection 1, paragraph G, which shall forward 
its comments and recommendations, if any, to the commission within 30 days; 
(3)  Considering all comments submitted under paragraphs A and B; and 
(4)  Submitting the tentative plan to the joint standing committee of the 
Legislature having jurisdiction over conservation matters and the committee 
reviewing the plan at a public meeting.  The commission shall brief the 
committee on any anticipated changes to land use districts and subdistricts based 
on revisions in the comprehensive land use plan and a projected timetable for 
rulemaking to adopt these changes. 
B.  The tentative After the commission has finalized a plan has been submitted to the 
State Planning Office, pursuant to Title 5, section 3305, subsection 1, paragraph G, 
which shall forward its or a portion of a plan, but prior to adoption, the commission 
shall provide a copy to the Commissioner of Conservation, who shall submit the 
finalized plan or a portion of the plan to the Governor for comments and 
recommendations, if any, to. The commissioner shall submit the finalized plan or a 
portion of the plan including the Governor's comments to the Legislature within 30 
days after the convening of the next regular session for approval.  The Legislature 
shall, by act or resolve, approve, disapprove or require changes to the plan or any 
portion of the plan prior to adjournment. If the plan or a portion of the plan is 
approved or the Legislature fails to act on the plan or a portion of the plan before 
adjournment, the plan or a portion of the plan may be finally adopted by the 
commission within 30 days;.  If the plan or a portion of the plan is disapproved or 
revisions are required, the plan or a portion of the plan must be revised by the 
commission and resubmitted to the Legislature for approval by act or resolve.  The 
joint standing committee of the Legislature having jurisdiction over conservation 
matters may submit legislation to implement the provisions of this paragraph.  
C.  The commission has considered all comments submitted under paragraphs A and 
B; and 
D.  The commission has submitted the tentative plan to the joint standing committee 
of the Legislature having jurisdiction over conservation matters and the committee 
has reviewed the plan at a public meeting.  The commission shall brief the committee 
on any anticipated changes to land use districts and subdistricts based on revisions in 
the comprehensive land use plan and a projected timetable for rulemaking to adopt 
these changes.  The tentative plan must be submitted to the committee a minimum of 
days prior to the commission’s final vote. 
Upon adoption of the official land use plan by the commission, the commission shall 
submit the plan to the Governor for approval.  The Governor shall approve or disapprove 
the plan, plans or any portion of a plan within 30 days of receipt.  If the Governor fails to 
act, the plan is deemed approved. This subsection also applies to any alteration in the 
comprehensive plan. 
Sec. 24.  12 MRSA §685-C, sub-§1-A is enacted to read: 
1-A.  Regional comprehensive land use plans.  A county, separately or in 
partnership with another county or counties, may request the commission to develop and 
implement a regional comprehensive land use plan and associated zoning for all or a 
portion of the territory within the jurisdiction of the commission in the county or counties 
making the request.  If the commission provides assistance under this subsection, it shall: 
A.  Consult with regional economic development organizations and regional planning 
and development districts described in Title 30-A, chapter 119; 
B.  Seek input from representatives of service center communities as defined in Title 
30-A, section 4301, subsection 14-A and neighboring municipalities in the area for 
which assistance is requested; and 
C.  Provide for involvement by members of the public, landowners in the 
unorganized and deorganized areas of the State and residents of the unorganized and 
deorganized areas of the State. 
Sec. 25.  12 MRSA §685-F, sub-§1, as amended by PL 2009, c. 492, §3, is 
further amended to read: 
1.  Designation as extraordinary project.  The director of the Maine Land Use 
Regulation Planning Commission, referred to in this section as "the director," may 
designate a proposed project requiring review and approval under this chapter as an 
extraordinary project when the director determines that the project is a wind energy 
development, as defined in Title 35-A, section 3451, subsection 11 or, because of the 
project's size, uniqueness 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-G. 
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 that 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. 
Sec. 26.  12 MRSA §685-G, sub-§§1 and 2, as amended by PL 2009, c. 213, Pt. 
HHHH, §1, are further amended to read: 
1.  Unorganized territories.  Beginning with fiscal year 2009-10, funding for 
services and activities of the commission for planning, permitting and ensuring 
compliance in the unorganized territories must be assessed and allocated to the 
unorganized territories through a fee equal to .014% of the most recent equalized state 
valuation established by the State Tax Assessor.  This fee must be collected through the 
municipal cost component under Title 36, chapter 115, except that fees collected under 
this subsection for property located in a county that has assumed jurisdiction for planning 
and land use regulation for unorganized territories within the county under section 685-A, 
subsection 4-B must be transferred to that county. 
2.  Towns and plantations.  Beginning with fiscal year 2009-10, a A town or a 
plantation in the commission's jurisdiction on April 1, 2012 that elects not to administer 
land use controls at the local level but receives commission services or a town or 
plantation with a portion of its land under the commission's jurisdiction and receiving 
commission services, including planning, permitting and ensuring compliance, as 
provided in section 685-A, subsection 4-A must be assessed a fee equal to .018% of the 
most recent equalized state valuation established by the State Tax Assessor for that town 
or plantation or that portion of a town or plantation under the commission's jurisdiction.  
The State Tax Assessor shall issue a warrant to each such town or plantation no later than 
March 1st of each year.  The warrant is payable on demand.  Interest charges on unpaid 
fees begin on June 30th of each year and are compounded monthly at the interest rate for 
unpaid property tax as established by the State Tax Assessor for the unorganized territory.  
For any assessment that remains unpaid as of September 1st of the year in which it is due, 
state revenue sharing to that town or plantation must be reduced by an amount equal to 
any unpaid warrant amount plus any accrued interest, until the amount is paid.  These 
fees Fees collected under this subsection for property subject to planning and land use 
regulation by the commission must be deposited to the General Fund. Fees collected 
under this subsection for property located in a county that has assumed jurisdiction for 
planning and land use regulation under section 685-A, subsection 4-B must be transferred 
to that county. 
Sec. 27.  12 MRSA §685-H is enacted to read: 
§685-H.  Annual performance report 
1.  Report due.  By January 15, 2013 and by January 15th annually thereafter, the 
commission shall report to the joint standing committee of the Legislature having 
jurisdiction over conservation matters regarding the commission's performance under this 
subchapter for the previous year and goals for the coming year. 
2.  Report components.  The report must include: 
A.  The number of permits processed for the previous calendar year, by category; 
B.  A summary of preapplication consultation activities; 
C.  The average time for rendering a decision, with goals for improving processing 
times;  
D.  The status of regional planning and zoning initiatives, with goals for the calendar 
year; and 
E.  A description of staff and commission training initiatives to ensure increased 
customer service and consistency in application of commission rules and regulations, 
with goals for the calendar year ahead. 
3.  Public meeting.  The chair of the commission shall present the annual 
performance report to the joint standing committee of the Legislature having jurisdiction 
over conservation matters at a meeting of that committee.  The committee shall give the 
public an opportunity to comment on the performance report at this meeting. 
Sec. 28.  12 MRSA §689, as amended by PL 2009, c. 642, Pt. B, §1, is further 
amended to read: 
§689.  Appeal 
Persons aggrieved by final actions of the commission, including without limitation 
any final decision of the commission with respect to any application for approval or the 
adoption by the commission of any district boundary or amendment thereto, may appeal 
therefrom in accordance with Title 5, chapter 375, subchapter 7.  Appeals of final actions 
of the commission regarding an application for an expedited wind energy development, 
as defined in Title 35-A, section 3451, subsection 4, must be taken to the Supreme 
Judicial Court sitting as the Law Court in accordance with Title 5, chapter 375, 
subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C.  The Law Court has 
exclusive jurisdiction over requests for judicial review of final actions of the commission 
regarding expedited wind energy developments.  This right of appeal, with respect to any 
commission action to which this right may apply, shall be is in lieu of the rights provided 
under Title 5, section 8058, subsection 1.  To the extent practicable, meetings and public 
hearings held during the pendency of an appeal must be held at a location in close 
proximity to the project or projects under review. 
Sec. 29.  30-A MRSA §7501, sub-§8, as amended by PL 1999, c. 106, §2, is 
further amended to read: 
8.  Enhanced 9-1-1 service.  Assigning and maintaining physical addresses 
specifically for the purpose of statewide enhanced 9-1-1 service.  The county 
commissioners may enact an ordinance to establish the addressing standards and, 
pursuant to that ordinance, may assign road names to existing and proposed roads and 
property numbers to existing and proposed year-round and seasonal dwellings or 
structures and may install signs designating road names; and 
Sec. 30.  30-A MRSA §7501, sub-§9, as enacted by PL 1999, c. 106, §3, is 
amended to read: 
9.  Animal control.  Animal control services. The county commissioners may enact 
an ordinance for the purpose of animal control.  The county commissioners shall give 14 
days days' notice of the meeting at which the ordinance is to be proposed in the manner 
provided for town meetings.; and 
Sec. 31.  30-A MRSA §7501, sub-§10 is enacted to read: 
10.  Planning and land use regulation.  If a county has assumed jurisdiction over 
planning and land use regulation under Title 12, section 685-A, subsection 4-B, the 
county commissioners may enact an ordinance for the purpose of planning and land use 
control under this subsection.  The county commissioners shall give 14 days' notice of the 
meeting at which the ordinance is to be proposed in the manner provided for town 
meetings. 
Sec. 32.  35-A MRSA §3451, sub-§8, as enacted by PL 2007, c. 661, Pt. A, §7, is 
amended to read: 
8.  Primary siting authority.  "Primary siting authority" means: 
A.  The department, in the case of an expedited wind energy development subject to 
the department's jurisdiction pursuant to Title 38, chapter 3, subchapter 1, article 6, 
including, but not limited to, a development subject to the department's jurisdiction 
pursuant to Title 38, section 488, subsection 9 9-A; or 
B.  The Maine Land Use Regulation Planning Commission, in the case of an 
expedited wind energy development subject to the Maine Land Use Regulation 
Commission's jurisdiction pursuant to Title 12, chapter 206-A a community-based 
offshore wind energy project as defined in Title 12, section 682, subsection 19. 
Sec. 33.  38 MRSA §488, sub-§9, as amended by PL 2009, c. 615, Pt. E, §19, is 
repealed. 
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 and B, 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-1. 
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.  Development within a planned subdistrict as defined in Title 12, section 682, 
subsection 20 is reviewed by the commission and is exempt from the requirements of 
this article. 
Sec. 35.  38 MRSA §489-A-1 is enacted to read: 
§489-A-1.  Department review of development within the unorganized and 
deorganized areas 
1.  Review.  Except as provided in section 488, subsection 9-A, paragraphs A and B, 
the department shall review development within the unorganized and deorganized areas 
of the State. Review by the department of subsequent modifications to a development 
approved by the Maine Land Use Regulation Commission under former section 488, 
subsection 9 is required. 
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 Regulation Commission or its successor in accordance with Title 
12, section 685-A; 
B.  The standards established under section 484 are met; and 
C.  Standards established in rules adopted under section 489-E to implement this 
section are met. 
For a development or part of a development within the unorganized or deorganized areas 
of the State, the department may request and obtain technical assistance and 
recommendations from the Maine Land Use Regulation Commission or its successor.   
The commission shall respond to the requests in a timely manner.  The recommendations 
of the commission must be considered by the department in acting upon a development 
application. 
Sec. 36.  Transition provisions.  The following provisions govern the transition 
of the Maine Land Use Regulation Commission to the Maine Land Use Planning 
Commission. 
1.  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.  To implement the difference in the number of members of the 
Maine Land Use Regulation Commission and the Maine Land Use Planning Commission, 
additional members must be appointed under Title 12, section 683-A from the 2 
counties with the highest acreage of unorganized and deorganized  areas.  When the term 
of a member serving on the commission under former Title 12, section 683 expires, a 
member must be appointed from the county with the next highest acreage of unorganized 
and deorganized areas until all 6 county appointments have been completed.  When all 
county positions have been appointed, the next 3 vacancies must be filled by the 
appointment of the 3 public members appointed by the Governor. 
2.  The Maine Land Use Planning Commission is the successor in every way to the 
powers, duties and functions of the former Maine Land Use Regulation Commission as 
provided in this Act. 
3.  All existing rules, regulations and procedures in effect, in operation or adopted in 
or by the former Maine Land Use Regulation Commission or any of its administrative 
units or officers and all permits, approvals and decisions of the former Maine Land Use 
Regulation Commission are hereby declared in effect and continue in effect until 
rescinded, revised or amended by the proper authority. 
4.  All existing contracts, agreements and compacts currently in effect involving the 
former Maine Land Use Regulation Commission continue in effect. 
5.  Any positions authorized and allocated subject to the personnel laws of the former 
Maine Land Use Regulation Commission are transferred to the Maine Land Use Planning 
Commission and may continue to be authorized. 
6.  All records, property and equipment previously belonging to or allocated for the 
use of the former Maine Land Use Regulation Commission become on the effective date 
of this Act the records, property and equipment of the Maine Land Use Planning 
Commission.  The Maine Land Use Planning Commission shall transfer records received 
from the former Maine Land Use Regulation Commission or provide copies of those 
records to the Department of Environmental Protection upon the request of the 
department as necessary to implement the provisions of this Act transferring authority to 
the department for permitting and regulation under the site location of development laws 
under Title 38, chapter 3, subchapter 1, article 6 or expedited permitting of grid-scale 
wind energy development under Title 35-A, chapter 34-A. 
7.  All existing forms, licenses, permits, letterheads and similar items bearing the 
name of or referring to the "Maine Land Use Regulation Commission" may be used by 
the Maine Land Use Planning Commission until existing items are exhausted. 
8. The Department of Environmental Protection shall adopt rules necessary to review 
applications for development under Title 38, section 489-A-1.  These rules must be 
adopted and in effect no later than January 1, 2013.  In reviewing development under 
Title 38, section 489-A-1 prior to final adoption of the department's rules, the department 
shall use standards established in Title 12, chapter 206-A and rules adopted under that 
chapter as those rules apply in the area proposed for development. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 37.  Effective date.  Those sections of this Act that repeal the Maine Revised 
Statutes, Title 38, section 488, subsection 9 and enact Title 38, section 488, subsection 
9-A and Title 38, section 489-A-1 take effect August 1, 2012. 
Sec. 38.  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. 
SUMMARY 
This bill contains statutory changes necessary to implement the recommendations of 
the Commission on Reform of the Governance of Land Use Planning in the Unorganized 
Territory pursuant to Resolve 2011, chapter 113. 
This bill is submitted by the Joint Standing Committee on Agriculture, Conservation 
and Forestry pursuant to Resolve 2011, chapter 113, section 9. 
The committee has not taken a position on the substance of the recommendations in 
the report or this bill to implement those recommendations.  The committee is not 
suggesting and does not intend to suggest that it agrees or disagrees with the 
recommendations of the commission or that it supports the substance of this bill.   The 
committee is submitting the bill for the sole purpose of turning the commission's proposal 
into a printed bill that can be referred to the committee for an appropriate public hearing 
and subsequent work sessions.  The committee is taking this action to ensure clarity and 
transparency in the legislative review of the commission's proposal.