Resolve, Directing the Department of Environmental Protection To Develop a Rural Land Use Development Process
Maine Legislature, Session 126, LD 0824
Committee: Environment and Natural Resources
Sponsors: CAMPBELL, COLLINS, BEAVERS, DUPREY, MASTRACCIO, VOLK, WINCHENBACH

Legislative Document 
No. 824 
H.P. 575 
House of Representatives, March 5, 2013 
Resolve, Directing the Department of Environmental Protection To 
Develop a Rural Land Use Development Process 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CAMPBELL of Newfield.  (BY REQUEST) 
Cosponsored by Senator COLLINS of York and 
Representatives: BEAVERS of South Berwick, DUPREY of Hampden, MASTRACCIO of 
Sanford, VOLK of Scarborough, WINCHENBACH of Waldoboro. 
Sec. 1.  Definitions.  Resolved:  That, as used in this resolve, the following terms 
have the following meanings. 
1.  Rural area.  "Rural area" means an area that is classified as rural according to the 
most recent Federal Decennial Census. 
2.  Significant wildlife habitat.  "Significant wildlife habitat" has the same meaning 
as set forth in the Maine Revised Statutes, Title 38, section 480-B, subsection 10; and be 
it further 
Sec. 2.  Development of plan.  Resolved:  That the Department of 
Environmental Protection, referred to in this resolve as "the department," shall develop a 
rural land use development process that would exempt from state regulation the 
development in rural areas of certain land within significant wildlife habitat.  The rural 
land use development process developed by the department must provide for the 
following. 
1.  Approval by local code enforcement officer.  A landowner seeking to develop 
rural land that is within significant wildlife habitat shall submit the development plan to 
the local code enforcement officer, who is authorized to approve the plan without 
participation or review by the department or other state entity.  If the local code 
enforcement officer approves the plan, the landowner is authorized to proceed without 
requiring the submission to the department of permit applications or the payment of 
regulatory fees. 
2.  Failure to approve by local code enforcement officer.  If the local code 
enforcement officer does not approve the plan submitted, the local code enforcement 
officer shall contact the department or other appropriate state entity to review the plan. 
The landowner need not submit to the department a permit application or pay a regulatory 
fee. Within one week, the department or state entity must respond to the local code 
enforcement officer with the results of the review. 
A.  If, upon review, the department or state entity does not identify issues that would 
prevent the development from proceeding, the landowner may proceed with the plan. 
B.  If, upon review, the department or state entity identifies issues that would prevent 
the development from proceeding, the department or state entity shall propose an 
alternative plan that it considers less potentially damaging to the significant wildlife 
habitat. If the landowner accepts the alternative plan, the landowner may proceed 
with the alternative plan without submission to the department of permit applications 
or the payment of regulatory fees. 
3.  Failure to reach agreement between landowner and the State.  If the 
landowner declines the alternative plan submitted by the department or state entity, the 
State may exercise its powers under eminent domain to take the property in question.  If 
the State does not exercise eminent domain to take the property, the landowner may 
proceed with the development under the landowner's original plan.  If the State elects to 
exercise eminent domain to take just a portion of the property and the landowner believes 
that the partial taking renders the property useless, the State must purchase the entire 
parcel or relinquish its objections to the landowner's pursuit of the development under the 
original plan; and be it further 
Sec. 3.  Report.  Resolved:  That the department shall submit a report outlining 
the proposed rural land use development process, together with necessary implementing 
legislation, to the Joint Standing Committee on Natural Resources by December 4, 2013.  
After receipt and review of the report, the joint standing committee may submit a bill 
implementing the process to the Second Regular Session of the 126th Legislature. 
SUMMARY 
This resolve directs the Department of Environmental Protection to develop a rural 
land use development process that would exempt from state regulation the development 
in rural areas of certain land within significant wildlife habitat.