An Act To Refonn the Land Use and Planning Authority in the Unorganized Territories
Maine Legislature, Session 125, LD 1534
Committee Amendment CA_B_H562 (House)

COMMITTEE AMENDMENT "/),, to H.P. 1126, L.D. 1534, Bill, "An Act To 
Refonn the Land Use and Planning Authority in the Unorganized Territories" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Reform the Land Use and Planning Authority in the Unorganized 
Territory' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. Commission on Reform of the Governance of Land Use Planning 
in the Unorganized Territory established. Resolved: That the Commission on 
Refonn of the Governance of Land Use Planning in the Unorganized Territory, referred 
to in this resolve as "the commission," is established to advise the Joint Standing 
Committee on Agriculture, Conservation and Forestry on matters relating to land use 
planning and regulation in the unorganized territory; and be it further 
Sec. 2. Membership. Resolved: That the commission consists of 13 members, 
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 Governor; 
5. One member representing a major landowner, appointed by the Governor; 
6. 
One representative of a statewide environmental or conservation organization, 
appointed by the President of the Senate; 
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COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT..fJ" to H.P. 1126, L.D. 1534 
7. One land use planner representing a regional or local economic development 
organization serving an area that includes unorganized territory, appointed by the 
President of the Senate; and 
8. One member representing the interests of outdoor recreation tourism businesses 
located within the unorganized territory, appointed by the Speaker of the House; and be it 
further 
Sec. 3. Chair. 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 
commission; and be it further 
Sec. 4. Duties. Resolved: That the commission shall consider the governance of 
land use planning in the unorganized territory and make recommendations to the Joint 
Standing Committee on Agriculture, Conservation and Forestry. The commission shall: 
1. 
Review options for improving land use planning and regulation for the 
unorganized territory, with the goal of advancing the public welfare, balancing competing 
interests and providing efficient and effective decisions on proposals to develop, utilize 
and conserve resources within the unorganized territory; 
2. Consider the role of state and local governments. The commission shall review 
the permitting and appeals process, seek opportunities for improved attention to local 
needs and priorities and increase predictability while still achieving the purpose of the 
Maine Revised Statutes, Title 12, chapter 206-A; 
3. 
Consider options for reforming the governance of land use planning in the 
unorganized territory; 
4. 
Review the historical permitting data of the Maine Land Use Regulation 
Commission, referred to in this resolve as "LURC," to assess LURC's performance in 
processing permit applications and identify and propose process improvements, including 
suggestions to improve permit processing timelines; 
5. Consider ways to create, implement and enforce uniform standards across the 
unorganized territory for timber harvesting activities and forest management, wildlife 
habitat protection and issues under the jurisdiction of the Natural Resources Protection 
Act; 
6. 
Recommend ways in which LURC can better receive and incorporate local 
community input; 
7. Explore the desirability of establishing an ombudsman position at LURC to assist 
applicants in the permit application process; 
8. Review LURC's regulations and guidance documents to identify opportunities to 
make them clearer, more business-friendly and more efficient for applicants; 
9. Determine whether any permitting activities currently performed by LURC should 
be transferred to the Department of Environmental Protection; 
10. Consider ways to ensure that, as LURC reviews an application, LURC has the 
benefit of the expertise of the agency responsible for economic development in the 
county in which the project or project for which the application is sought is located; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT:B" to H.P. 1126, L.D. 1534 
11. Suggest one or more regions that should be priorities for prospective zoning by 
LURC; 
12. 
Compare LURC's rules with ordinances and rules with similar objectives 
administered by municipalities and the Department of Environmental Protection to 
determine whether more consistency between the rules is desirable and, if so, advise ways 
to make them more consistent; and 
13. Review the current and historical membership of LURC to determine whether 
there is adequate representation of residents of the unorganized townships and adjacent 
service centers to ensure a broad diversity of representation of the counties in which 
unorganized territories are located; and be it further 
Sec. 5. Meetings; interim update. Resolved: That the commission shall meet 
as necessary to complete the assigned duties. The commission shall hold no fewer than 2 
public listening sessions on dates determined by the commission. The commission shall 
meet with the Joint Standing Committee on Agriculture, Conservation and Forestry no 
later than October 28, 2011 for an update on the progress of the commission; and be it 
further 
Sec. 6. Staffing. Resolved: That the Department of Conservation shall provide 
staff support to the commission within existing resources and invite resource people as 
appropriate, including individuals with experience as LURC commissioners or staff. The 
commission may request that the Legislative Council provide assistance in drafting 
legislation to implement the recommendations of the commission for inclusion in the 
report under section 7 of this resolve; and be it further 
Sec. 7. Report. Resolved: That the commission shall complete its work no later 
than December 15, 2011 and submit its recommendations to the Joint Standing 
Committee on Agriculture, Conservation and Forestry no later than January 15, 2012; and 
be it further 
Sec. 8. Authority to submit legislation. Resolved: That the Joint Standing 
Committee on Agriculture, Conservation and Forestry may submit legislation reforming 
the governance of land use planning in the unorganized territory to the Second Regular 
Session of the 125th Legislature to take effect in fiscal year 2012-13.' 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. It replaces the bill with a resolve that establishes 
the Commission on Reform of the Governance of Land Use Planning in the Unorganized 
Territory. 
The commission consists of 13 members, including 7 Legislators and 
representatives of various interest groups, appointed by the President of the Senate, the 
Speaker of the House and the Governor. The commission is directed to study issues 
associated with land use planning and economic development in the unorganized 
territory, including options for improving the efficiency and effectiveness of permitting, 
incorporating local community input and providing an appropriate balance of interests. It 
authorizes the Joint Standing Committee on Agriculture, Conservation and Forestry to 
submit legislation to the Second Regular Session of the 125th Legislature. 
FIS'CAL NOT! IttQVfU" 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/04/11 hac 
LD 1534 
LR 1640(03) 
An Act To Reform the Land Use and Planning Authority in the Unorganized Territories 
Fiscal Note for Bill as Amended by Committee Amendment :B' 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
Legislative Cost/Study 
The estimated cost for the Commission on Reform of the Governance of Land Use Planning in the Unorganized 
Territory is estimated to be $6,990 in fiscal year 2011-12 and the estimated costs for the Joint Standing Committee or 
Agriculture, Conservation and Forestry to hold an interim meeting with the Commission is $1,625 in fiscal year 2011-
12. The Legislature's proposed budget includes $10,000 in fiscal year 2011-12 for legislative studies. Whether the 
amounts are 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 will incur additional costs to staff the Commission on Reform of the Governance of 
Land Use Planning in the Unorganized Territory which can be absorbed within existing budgeted resources. 
Any costs associated with assuming responsibility for permitting and regulatory functions formerly performed by the 
Maine Land Use Regulatory Commission can be absorbed by the Department of Environmental Protection within 
existing budgeted resources. 
LRI640(03) - Fiscal Note - Page 1 of 1