An Act To Clarify the Site Location of Development Laws Regarding Exemptions for Previously Developed Sites
Maine Legislature, Session 125, LD 1648
Committee Amendment CA_A_S434 (Senate)
Amends: 38 MRSA §488

COMMITTEE AMENDMENT" A " to S.P. 547, L.D. 1648, Bill, "An Act To 
Clarify the Site Location of Development Laws Regarding Exemptions for Previously 
Developed Sites" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §488, first ~, as amended by PL 1997, c. 72, §3, is further 
amended to read: 
This article does not apply to any development in existence or in possession of 
applicable state or local licenses to operate or under construction on January 1, 1970, or 
to any development the construction and operation of which has been specifically 
authorized by the Legislature prior to May 9, 1970, or to public service corporation 
transmission lines, except transmission lines carrying 100 kilovolts or more, nor does it 
apply to the renewal or revision of leases of parcels of land upon which a structure or 
structures have been located as of March 15, 1972, nor to the rebuilding or reconstruction 
of natural gas pipelines or transmission lines within the same right-of-way. For purposes 
of this paragraph, development that reuses a building and associated facilities in existence 
on January 1, 1970 is exempt from review under this article. When determining if 
development meets the definition of "development of state or regional significance that 
may substantially affect the environment" and therefore is subject to review under this 
article, the department may not consider development in existence on January 1, 1970 
that is exempt from review pursuant to this paragraph. When reviewing a proposal for 
development of state or regional significance that may substantially affect the 
environment under this article, the department may not consider in the review any 
development in existence on January 1, 1970 that is exempt from review pursuant to this 
paragraph. 
Sec. 2. 38 MRSA §488, sub-§15, as amended by PL 1997, c. 748, §4, is further 
amended to read: 
15. Exemption for former military bases. Development on a military base at the 
time ownership of the military base is acquired by a state or local development authority 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 547, L.D. 1648 
is exempt from review under this article. Subsequent transfer of ownership or lease of a 
former military base or any portion of a former military base by a state or local 
development authority to another entity does not affect the exemption granted under this 
subsection. 
Development proposed or occurring on a former military base after 
ownership of the military base is acquired by a state or local development authority is 
subject to review under this article, except that section 482, subsection 2, paragraph E 
does not apply to the development to the extent that the development reuses a building 
and associated facilities in existence on September 29, 1995. 
For purposes of this subsection, "military base" means all property under the ownership 
or control of a federal military authority prior to the acquisition of ownership by a state or 
local development authority, the ownership of which is subsequently acquired by a state 
or local development authority. For purposes of this subsection, "ownership" means a fee 
interest or leasehold interest in property. 
A. Development that is not exempt under this subsection is subject to review under 
this article if it meets the definition of "development of state or regional significance 
that may substantially affect the environment. " 
B. When reviewing a proposal for development of state or regional significance that 
may substantially affect the environment, the department may not consider in the 
review any development that is exempt from review pursuant to this subsection. 
Sec. 3. 38 MRS A §488, sub-§§26, 27 and 28 are enacted to read: 
26. 
Exemption for existing ski area facilities. 
New construction at or a 
modification of a ski area facility permitted pursuant to this article is exempt from review 
under this article as provided in this subsection. 
A. New construction at or a modification of a ski area facility permitted pursuant to 
this article is exempt from review under this article if: 
(1) The additional disturbed area not to be revegetated does not exceed 30,000 
square feet ground area in any calendar year and does not exceed 60,000 square 
feet ground area in total; 
(2) The construction or modification does not involve a division of the parcel of 
land; 
(3) The construction or modification is not of a building having an area in excess 
of3,500 square feet; and 
(4) It is construction or modification of equipment or facilities that are ancillary 
to and necessary for the operation of the ski area facility permitted pursuant to 
this article, including, but not limited to, snowmaking equipment, lift towers, 
lights, signs, fences, water or air pumps, pump houses and storage buildings. 
B. The permittee shall annually notify the department of any new construction or 
modifications conducted during the previous 12 months that fall under this 
exemption. The notice must identify the type, location and ground area of the new 
construction or modification. 
With the annual notification, the permittee shall 
provide to the department development plans certified by a professional engineer for 
the new construction or modification undertaken pursuant to this subsection. 
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COMMITTEE AMENDMENT" A" to S.P. 547, L.D. 1648 
C. 
When review under this article is required for new construction at or a 
modification of a permitted ski area facility, the pcrmittee shall provide plans for the 
new development, as well as for those activities that have been undertaken pursuant 
to this subsection. 
27. Exemption for educational institutions. New construction at or a modification 
of a campus of an educational institution permitted pursuant to this article is exempt from 
review under this article as provided in this subsection. For purposes of this subsection, 
"educational institution" means any private or public school or postsecondary institution. 
A. New construction at or a modification of a campus of an educational institution 
permitted pursuant to this article is exempt from review under this article if the 
additional disturbed area not to be revegetated does not exceed 30,000 square feet 
ground area in any calendar year and does not exceed 60,000 square feet ground area 
in total. 
B. The permittee shall annually notify the department of any new construction or 
modifications conducted during the previous 12 months that fall under this 
exemption. The notice must identify the type, location and ground area of the new 
construction or modification. 
With the annual notification, the permittee shall 
provide to the department development plans certified by a professional engineer for 
the new construction or modification undertaken pursuant to this subsection. 
C. When review under this article is required at an educational institution permitted 
pursuant to this article. the permittee shall provide plans for the new development, as 
well as for those activities that have been undertaken pursuant to this subsection. 
D. Nothing in this subsection authorizes a person to undertake an activity on a parcel 
of land affected by an order or permit issued by the department that is contrary to that 
order or permi t. 
28. Applicability of exemptions. Unless otherwise specifically provided, nothing in 
this section exempts any activity from any requirements under this Title, rules adopted 
pursuant to this Title or the terms or conditions of a license, permit or order issued by the 
board or the commissioner.' 
SUMMARY 
This amendment strikes the bill and amends certain existing exemptions and adds 
new exemptions to the laws governing site location of development. 
1. It amends the existing exemption for development in existence on January 1, 1970 
by providing that: 
A. Reuse of a building and associated facilities in existence on January 1, 1970 is 
exempt from review; and 
B. 
When reviewing an application under the laws governing site location of 
development or determining whether the laws governing site location of development 
apply to a project, the Department of Environmental Protection may not take into 
consideration any development that is exempt from review due to its pre-1970 status. 
2. It amends the existing exemption for former military bases by providing that: 
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COMMITTEE AMENDMENT" A" to S.P. 547, L.D. 1648 
A. Reuse of a building and associated facilities in existence on September 29, 1995 
on a former military base is exempt from review; 
B. Unless exempt, development that meets the definition of "development of state or 
regional significance that may substantially affect the environment" is subject to 
review; 
C. 
When reviewing an application under the laws governing site location of 
development, the department may not take into consideration any development that is 
exempt from review; and 
D. Subsequent lease of a former base or a portion of the base does not affect the 
exemption. 
3. It adds an exemption for certain development at ski areas that hold a permit 
pursuant to the laws governing site location of development. The exemption is similar to 
the existing exemption for manufacturing facilities. 
4. It adds an exemption for certain development on educational institution campuses 
that hold a permit pursuant to the laws governing site location of development. The 
exemption is similar to the existing exemption for manufacturing facilities. 
The 
amendment clarifies that the exemption does not authorize activity on a parcel of land 
affected by an order or permit issued by the department that is contrary to that order or 
permit. 
5. It clarifies that, unless specifically provided, nothing in the laws governing site 
location of development exempts any activity from any requirements under the Maine 
Revised Statutes, Title 38, rules adopted pursuant to Title 38 or the terms or conditions of 
a license, permit or order issued by the Board of Environmental Protection or the 
Commissioner of Environmental Protection. 
FISCAL 1\ 0 n: /{ H) URED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/08112 
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LD 1648 
LR 2511(02) 
An Act To Clarify the Site Location of Development Laws Regarding Exemptions for Previously 
Developed Sites 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment" A" S .. ~3+ 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - Other Special Revenue Funds 
The bill provides a limited expansion of certain existing exemptions and adds new exemptions from the laws 
governing site location. The bill is estimated to slightly reduce the fees received by the Department of Environmental 
Protection for performing site reviews. 
LR2S 11 (02) - Fiscal Note - Page 1 of 1