An Act To Foster Economic Development by Improving Administration of the Laws Governing Site Location of Development and Storm Water Management
Maine Legislature, Session 125, LD 0159
Committee: Environment and Natural Resources
Sponsors: SAVIELLO, COLLINS, RECTOR, SNOWE-MELLO, THIBODEAU, THOMAS, TRAHAN, CEBRA
Amends: 38 MRSA §420-D, 38 MRSA §482, 38 MRSA §484, 38 MRSA §489-E

Legislative Document 
No. 159 
S.P. 52 
In Senate, January 25, 2011 
An Act To Foster Economic Development by Improving 
Administration of the Laws Governing Site Location of 
Development and Storm Water Management 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Senators: COLLINS of York, RECTOR of Knox, SNOWE-MELLO of 
Androscoggin, THIBODEAU of Waldo, THOMAS of Somerset, TRAHAN of Lincoln, 
Representative: CEBRA of Naples. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §420-D, sub-§9, as amended by PL 2009, c. 602, §1, is further 
amended to read: 
9.  Rules.  Rules With the exception of minor clerical corrections and technical 
clarifications that do not alter the substance of requirements applying to projects, rules 
adopted pursuant to this section after January 1, 2010 and before January 1, 2012 are 
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.  Any rules 
adopted by the department pursuant to this section on or after January 1, 2012 are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A, except that those rules 
that qualify as state mandates pursuant to the Constitution of Maine, Article IX, Section 
are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  38 MRSA §482, sub-§5, as amended by PL 1997, c. 603, §2, is further 
amended to read: 
5.  Subdivision.  A "subdivision" is the division of a parcel of land into 5 10 or more 
lots to be offered for sale or lease to the general public during any 5-year period, if the 
aggregate land area includes more than 20 40 acres; except that when all lots are for 
single-family, detached, residential housing, common areas or open space a "subdivision" 
is the division of a parcel of land into 15 30 or more lots to be offered for sale or lease to 
the general public within any 5-year period, if the aggregate land area includes more than 
60 acres.  The aggregate land area includes lots to be offered together with the roads, 
common areas, easement areas and all portions of the parcel of land in which rights or 
interests, whether express or implied, are to be offered.  This definition of "subdivision" 
is subject to the following exceptions: 
C.  Lots of 40 or more acres but not more than 500 acres may not be counted as lots 
except where:; 
(1)  The proposed subdivision is located wholly or partly within the shoreland 
zone; 
C-1.    Lots of more than 500 acres in size may not be counted as lots; 
D.  Five years after a subdivider establishes a single-family residence for that 
subdivider's own use on a parcel and actually uses all or part of the parcel for that 
purpose during that period, a lot containing that residence may not be counted as a 
lot; 
E.  Unless intended to circumvent this article, the following transactions may not be 
considered lots offered for sale or lease to the general public: 
 (1)  Sale or lease of lots to an abutting owner or to a spouse, child, parent, 
grandparent or sibling of the developer if those lots are not further divided or 
transferred to a person not so related to the developer within a 5-year period, 
except as provided in this subsection; 
 (2)  Personal, nonprofit transactions, such as the transfer of lots by gift, if those 
lots are not further divided or transferred within a 5-year period or the transfer of 
lots by devise or inheritance; or 
 (3)  Grant of a bona fide security interest in the whole lot or subsequent transfer 
of the whole lot by the original holder of the bona fide security interest or that 
person's successor in interest; 
F.  In those subdivisions that would otherwise not require site location approval, 
unless intended to circumvent this article, the following transactions may not, except 
as provided, be considered lots offered for sale or lease to the general public: 
 (1)  Sale or lease of common lots created with a conservation easement as 
defined in Title 33, section 476, provided that as long as the department is made a 
party; and 
H.  The transfer of contiguous land by a permit holder to the owner of a lot within a 
permitted subdivision is exempt from review under this article, provided that as long 
as the land was not owned by the permit holder at the time the department approved 
the subdivision.  Further division of the transferred land must be reviewed under this 
article. 
The exception described in paragraph F does not apply, and the subdivision requires site 
location approval, whenever the use of a lot described in paragraph F changes or the lot is 
offered for sale or lease to the general public without the limitations set forth in paragraph 
F.  For the purposes of this subsection only, a parcel of land is defined as all contiguous 
land in the same ownership provided that lands located on opposite sides of a public or 
private road are considered each a separate parcel of land unless that road was established 
by the owner of land on both sides of the road subsequent to January 1, 1970.  A lot to be 
offered for sale or lease to the general public is counted, for purposes of determining 
jurisdiction, from the time a municipal subdivision plan showing that lot is recorded or 
the lot is sold or leased, whichever occurs first, until 5 years after that recording, sale or 
lease. 
Sec. 3.  38 MRSA §482, sub-§6, as amended by PL 1993, c. 383, §18 and affected 
by §42, is further amended to read: 
6.  Structure. A "structure" means: 
B.    Buildings, parking lots, roads, paved areas, wharves or areas to be stripped or 
graded and not to be revegetated that cause a total project to occupy a ground area in 
excess of 3 10 acres.  Stripped or graded areas that are not revegetated within a 
calendar year are included in calculating the 3-acre 10-acre threshold. 
Sec. 4.  38 MRSA §484, sub-§3, ¶H is enacted to read: 
H.  In making a determination under this subsection regarding a development's effects 
on existing uses, scenic character or protected natural resources, as defined by section 
480-B, subsection 8, the department shall apply the same standards as provided in 
rules adopted pursuant to the Natural Resources Protection Act. 
Sec. 5.  38 MRSA §489-E, as enacted by PL 2009, c. 602, §3, is repealed and the 
following enacted in its place: 
§489-E.  Rulemaking 
 Rules adopted by the department pursuant to this article are routine technical rules 
except that rules adopted by the department after January 1, 2010 pursuant to section 484, 
subsections 1, 3, 4, 4-A, 5, 6 and 7 are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill revises the thresholds for review by the Department of Environmental 
Protection pursuant to the laws governing site location of development by changing the 
definitions of "subdivision" and "structure."  It ensures consistency between the laws 
governing site location of development and the Natural Resources Protection Act in 
standards pertaining to a development's effects on existing uses, scenic character and 
protected natural resources.  The bill also provides that rules adopted by the department 
after January 1, 2010 pursuant to the laws governing site location of development and 
storm water management are major substantive rules as defined in the Maine Revised 
Statutes, Title 5, chapter 375, subchapter 2-A, with certain limited exceptions in the rules 
governing storm water management for minor clerical corrections and technical 
clarifications.