Resolve, To Improve the Predictability of Land Use Regulation in the Unorganized Territories
Maine Legislature, Session 125, LD 0819
Committee Amendment CA_A_H560 (House)

COMMITTEE AMENDMENT ,,/1 " 
to H.P. 615, L.D. 819, "Resolve, To Improve 
the Predictability of Land Use Regulation in the Unorganized Territories" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, To Establish the Committee To Review the Maine Land Use Regulation 
Commission's Practices' 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Sec. 1. Committee established. Resolved: That the Committee To Review the 
Maine Land Use Regulation Commission's Practices, referred to in this resolve as the 
"LURC review committee," is established; and be it further 
Sec. 2. Committee membership. Resolved: That the LURC review committee 
consists of 13 members appointed as follows: 
1. Three members of the Senate, appointed by the President of the Senate, including 
from the party with the largest number of seats in the Legislature and one from the 
party with the 2nd largest number of seats in the Legislature; 
2. Four members of the House of Representatives, appointed by the Speaker of the 
House, including 2 from each of the 2 parties holding the largest number of seats in the 
Legislature; 
3. One county commissioner, appointed by the Speaker of the House; 
4. One county commissioner, appointed by the House Minority Leader; 
5. One member representing a major landowner, appointed by the President of the 
Senate; 
6. 
One member representing both Maine Audubon and the Natural Resources 
Council of Maine, appointed by the Speaker of the House; 
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.. to H.P. 615, L.D. 819 
7. One land use planner representing the Maine Association of Planners, appointed 
by the President of the Senate; and 
8. One member representing the interests of outdoor recreation tourism businesses 
located within the unorganized territories, appointed by the Speaker of the House; and be 
it further 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
LURC review committee; and be it further 
Sec. 4. 
Appointments; convening of committee. 
Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. After appointment of all members, 
the chairs shall call and convene the first meeting of the LURC review committee. If 30 
days or more after the effective date of this resolve a majority of but not all appointments 
have been made, the chairs may request authority and the Legislative Council may grant 
authority for the LURC review committee to meet and conduct its business; and be it 
further 
Sec. 5. Duties. Resolved: That the LURC review committee shall: 
1. Review historical permitting data of the Maine Land Use Regulation Commission, 
referred to in this resolve as "LURC," to assess the agency's performance in processing 
permit applications and identity and propose process improvements, including 
suggestions that could increase permit processing timelines; 
2. Review LURC's regulations and guidance documents to identity opportunities to 
make them clearer and more efficient for applicants; 
3. Review LURC Rule Chapter 10.25: Development Standards, Rule Chapter 10.26: 
Dimensional Requirements and Rule Chapter 10.27: Activity-Specific Standards to 
determine if there are ways to make them more business friendly while maintaining 
environmental protection; 
4. 
Compare LURC's rules with those of a similar nature administered by 
municipalities and the Department of Environmental Protection to determine whether 
more consistency between the rules is desirable, and, if so, determine ways to make them 
more consistent; 
5. 
Recommend ways in which LURC can better receive and incorporate local 
community input; 
6. Explore the desirability of establishing a new position at LURC to serve as an 
ombudsman to assist applicants in the permit application process; 
7. Determine whether regulation of timber harvesting and activities related to timber 
harvesting should be transferred to the Maine Forest Service; 
8. Determine whether any permitting activities currently performed by LURC should 
be transferred to the Department of Environmental Protection; 
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COMMITTEE AMENDMENT" {} to H.P. 615, L.D. 819 
9. Suggest one or more regions that should be priorities for prospective zoning by 
LURC; 
10. Consider ways to ensure that, as LURC reviews applications, LURC has the 
benefit of the expertise of the agency responsible for economic development in the 
county in which the application LURC is reviewing is located; and 
11. Review the current and historical membership of LURC to determine whether 
there is adequate representation of residents of unorganized townships and adjacent 
service center communities and of the counties in which unorganized territories are 
located. 
All meetings of the LURC review committee must be open to the public. The LURC 
review committee may choose to take public comment if it would be helpful in its review; 
and be it further 
Sec. 6. Staff assistance. Resolved: That LURC shall provide necessary staffing 
services to the LURC review committee; and be it further 
Sec. 7. Report. Resolved: That, no later than January 2,2012, the LURC review 
committee shall submit a report that includes its findings and recommendations, including 
suggested legislation, to the Joint Standing Committee on Agriculture, Conservation and 
Forestry. Following receipt and review of the report, the Joint Standing Committee on 
Agriculture, Conservation and Forestry may report out a bill to the Second Regular 
Session of the 125th Legislature to implement the LURC review committee's 
recommendations. ' 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. 
It replaces the resolve. 
It establishes the 
Committee To Review the Maine Land Use Regulation Commission's Practices to review 
the Land Use Regulation Commission's procedures, rules, standards and membership and 
make recommendations to the Joint Standing Committee on Agriculture, Conservation 
and Forestry. It authorizes the Joint Standing Committee on Agriculture, Conservation 
and Forestry to report out a bill to the Second Regular Session of the 125th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02111 
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LD 819 
LR 1494(02) 
Resolve, To Improve the Predictability of Land Use Regulation in the Unorganized Territories 
Legislative Cost/Study 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
The general operating expenses ofthe Committee to Review the Land Use RegUlation Commission's Practices are 
projected to be $4,890 in fiscal year 2011-12. The Legislature's proposed budget includes $10,000 in fiscal year 2011-
for legislative studies. Whether the amount is sufficient to fund all studies will depend on the number of studies 
authorized by the Legislative Council and the Legislature. 
Fiscal Detail and Notes 
The Department of Conservation, Maine Land Use Regulation Commission will incur some additional costs to staff 
the study committee. These costs can be absorbed within the department's existing budgeted resources. 
LR1494(02) - Fiscal Note - Page 1 of 1