An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land l,Jse Planning Commission
Maine Legislature, Session 127, LD 0828
Committee Amendment CA_A-HA_A_H393 (House)
Amends: 35-A MRSA §3453-A

HOUSE AMENDMENT "If" to COMMITTEE AMENOMENT "A" to H.P. 562, 
L.O. 828, Bill, "An Act To Improve Regulatory Consistency within the Jurisdiction of the 
Maine Land l,Jse Planning Commission" 
Amend the amendment by striking out all of section 8 and ipserting the following: 
'Sec. 8. 35-A MRSA §3453-A is enacted to read: 
§3453-A. Removals from the expedited permitting area 
Thelvfaine Land Use Platming Commission rna):" py ll.lJe adopted in accordance with 
Title 5, chapt~r 375, remove a specified place in the unorganized and deorganized areas 
from the expedited permitting area as described in this section. 
1. Transition process for removal. The Maine Land Use Planning Commission 
shall,' by rule, remove a sredfiedplace in t~e unorganized an~'dearganized (ireas' from 
the e)(pedited permitting area if: 
A. The specified place is a township, plantation, municipality or portion thereof that 
has.,been identified pursuant to section3451, slibsectimi 3,paragraphB;' 
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B. The Maine Land Use Planning Commission receives a petition on or before May 
31, 20 16reguesting the removal of the specified pla~e from the expedited p~nnittillg 
area that:' '. , '" 
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(1) Cle~rly' st(,l!es th!it th,e persolls, ~ilWillg ~he pet,i~iol1 are, regu~s~illK the reJrroval 
of the specified place from the expedited permitting area; 
(2) Is signed by at least 10% of the number of registered voters residing in the 
township, 'plantation, municipality ar 'portion th'ereof that' voted i'n'the most recent 
gybernatorial election; and 
(3) Is on a form consistent with Title 5, section 8955, a fOnn provided by the 
Maine Land Use Planning Commission or a form otherwise determined to be 
sufficient' for the PU1:pOS~s of this sub~ection by the, Maine Land Use Planning 
Commission; and 
C. The Maine Land Use Planning Commission notifies the owners of the specified 
place, pr()vides an opportunity for public comment 011 the petition, conducts a public 
HOUSE 'AMENDMENT 
HOUSE AMENDMENT '# " 
to c,.;OMMITTEE AMENDMENT "A" to H.P. ?62, L.D. 828 
hearing and then determines that the specified place does not meet the requirements 
for ~ciditi~~s to th~ ~xpedited pelwitting area in sec'tio~ 3453. 
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A petition under this subsection for removal of a specified place from the expedited 
per~itting area is ~onsidered pending if the Maine Land Use Planning CO~1missionhas 
a~~epted the petition as complete for processing but has not taken final action on the 
proRo~ed iule to remove the specified place from th~ exp~dited pen~i~i~garea. 
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2. .Ex.ceptions. 
The following specified places n1ay nqt be removed from the 
expedited permitting area under this section: 
A. 
Any specified place within the project boundmy of an existing or proposed, 
legally permitted expedited wind energy dev~IOp'~ent, unies~ thede~elopme~t p~nnit 
is revoked or withdrawn; 
B. Any specified place within the project boundary of a proposed expedited wind 
energy deveiopment, as described in the' deyelop~et1t per~1it'appiicati~n; 'that has 
been accepted for processing by the Department of Environmental Protection, unless 
the development pennit application is denied; and 
C. Any specified place added by rule to the expedited permitting area in accordance 
with ~e~tion 34:53 p~ior toth~ effective date of this se~tion" 
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As used in this subsection, "project boundary" means the geQgra12hic limits of an existing 
or prop~sed 'expe'dited wind energy development, as 'defi~~d by the deeded geographic 
boundaries of the parcel or parcels of land on which the develo12ment or portions thereof 
are located or proposed to be located. 
3. 
Rulemaking. 
The Maine Land Use Planning Commission may adopt rules 
implementing this section. Rules adopted pursuant to this section are routine technical 
roles' as defined in Title 5, chapter 375, subchapter 2~A. Rules adopt~d 'pursua~t to 
subsection 1 need not meet the requirements of Title 5, section 8053 -A or 8060 but must 
meet ~Il other applicable requirements in Title 5: ch~pter 375.' . 
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SUMMARY 
This amendment adds a requirement for notice and public hearing on a petition to 
remove a specified place from the expedited permitting area and requires the Maine Land 
Vse Planning Commission to determine whether the specified place meets the existing 
requirements for additions to the expedited permitting area. This amendment also reduces 
the percentage of resident voters who 'must sign a petition seeking removal of a specified 
place from the expedited permitting area from 50%, as propqsed in Committee 
Amendment "A," to 10%. 
SPONSORED BY: RM: JL 
(Representative SAUCIER) 1) 
TOWN: Presque Isle 
FISCAL NOTE REQUIRED 
'. (See Attached) 
HOUSE AMENDMENT 
Approved: 06/10115 
~ac 
LD 828 
LR 1175(04) 
An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning 
Commission 
Fiscal Note for House Amendment~' to Committee Amendment "A" 
Sponsor: Rep. Saucier of Presque Isle 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Land Use Planning Commission within the Department of Agriculture, Conservation and 
Forestry to notify certain owners, provide an opportunity for public comment and conduct a public hearing when it 
decides to remove a specified place in the unorganized and deoTganized areas from the expedited permitting area are 
expected to be minor and can be absorbed within existing budgeted resources. 
LRl175(04) - Fiscal Note - Page 1 of 1