An Act To Clarify Municipal Capacity for Site Location of Development and Encourage Local Development
Maine Legislature, Session 127, LD 0442
Committee: Environment and Natural Resources
Sponsors: VOLK, CUSHING, GERZOFSKY, LIBBY, MILLETT, SIROCKI, VACHON
Amends: 38 MRSA §488

Legislative Document 
No. 442 
S.P. 171 
In Senate, February 24, 2015 
An Act To Clarify Municipal Capacity for Site Location of 
Development and Encourage Local Development 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator VOLK of Cumberland. 
Cosponsored by Senators: CUSHING of Penobscot, GERZOFSKY of Cumberland, LIBBY of 
Androscoggin, MILLETT of Cumberland, Representatives: SIROCKI of Scarborough, 
VACHON of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §488, sub-§19, as amended by PL 2011, c. 655, Pt. FF, §13 
and affected by §16 and amended by c. 657, Pt. W, §5, is further amended to read: 
19.  Municipal capacity.  A structure, as defined in section 482, subsection 6, that is 
from 3 acres up to and including 7 acres or a subdivision, as defined in section 482, 
subsection 5, that is made up of 15 or more lots for single-family, detached, residential 
housing, common areas or open space with an aggregate area of from 30 acres up to and 
including 100 acres is exempt from review under this article if it is located wholly within 
a municipality or municipalities meeting the criteria in paragraphs A to D as determined 
by the department and it is located wholly within a designated growth area as identified in 
a comprehensive plan adopted pursuant to Title 30-A, chapter 187, subchapter 2.  The 
planning board of the municipality in which the development is located or an adjacent 
municipality may petition the commissioner to review such a structure or subdivision if it 
has regional environmental impacts.  This petition must be filed within 20 days of the 
receipt of the application by the municipality.  State jurisdiction must be exerted, if at all, 
within 30 days of receipt of the completed project application by the commissioner from 
the municipality or within 30 days of receipt of any modification to that application from 
the municipality.  Review by the department is limited to the identified regional 
environmental impacts.  The criteria are as follows: 
A.  A municipal planning board or reviewing authority is established and the 
municipality has adequate resources to administer and enforce the provisions of its 
ordinances.  In determining whether this criterion is met, the commissioner may 
consider any specific and adequate technical assistance that is provided by a regional 
council; 
B.  The municipality has adopted a site plan review ordinance.  In determining the 
adequacy of the ordinance, the commissioner may consider model site plan review 
ordinances commonly used by municipalities in this State that address the issues 
reviewed under applicable provisions of this article prior to July 1, 1997; 
C.  The municipality has adopted subdivision regulations.  In determining the 
adequacy of these regulations, the commissioner may consider model subdivision 
regulations commonly used by municipalities in this State; and 
D.  The former State Planning Office or the Department of Agriculture, Conservation 
and Forestry has determined that the municipality has a comprehensive land use plan 
and land use ordinances or zoning ordinances that are consistent with Title 30-A, 
chapter 187 in providing for the protection of wildlife habitat, fisheries, unusual 
natural areas and archaeological and historic sites. 
The department, in consultation with the Department of Agriculture, Conservation and 
Forestry, shall publish a list of those municipalities determined to have capacity pursuant 
to this subsection.  This list need not be established by rule and must be published by 
January 1st of each year.  The list must specify whether a municipality has capacity to 
review structures or subdivisions of lots for single-family, detached, residential housing, 
common areas or open space or both types of development.  The department may 
recognize joint arrangements among municipalities and regional organizations in 
determining whether the requirements of this subsection are met.   The department may 
review municipalities that are determined to have capacity pursuant to this subsection for 
compliance with the criteria in paragraphs A to D, and if the department determines that a 
municipality does not meet the criteria, the department may modify or remove the 
determination of capacity. 
A modification to a development that was reviewed by a municipality and exempted 
pursuant to this subsection or was reviewed by the department prior to a determination 
that a municipality has capacity pursuant to this subsection is exempt as long as the 
modification will not cause the total area of the development to exceed the maximum 
acreage specified in this subsection for that type of development or, based upon 
information submitted by the municipality concerning the development and modification, 
the department determines that the modification may be adequately reviewed by the 
municipality. 
SUMMARY 
This bill gives a municipality determined by the Department of Environmental 
Protection to have capacity to review certain development projects the authority to review 
modifications to a development project.