An Act To Reduce Duplicative Permitting Review for Projects under the Site Location of Development Laws
Maine Legislature, Session 130, LD 0069
Committee: Environment and Natural Resources
Sponsors: TUCKER
Amends: 38 MRSA §488, 38 MRSA §489-A

Legislative Document
No. 69
H.P. 35
House of Representatives, January 13, 2021
An Act To Reduce Duplicative Permitting Review for Projects 
under the Site Location of Development Laws
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Received by the Clerk of the House on January 11, 2021.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TUCKER of Brunswick.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §488, sub-§19, as amended by PL 2015, c. 28, §1, 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 10 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.
Sec. 2.  38 MRSA §489-A, sub-§1, ¶H, as enacted by PL 1999, c. 243, §17, is 
amended to read:
H.  Structures as described in section 482, subsection 6 in excess of 3 acres but less 
than 7 10 acres.
SUMMARY
Under current law, a structure that is from 3 acres to 7 acres is exempt from review 
under the site location of development laws if certain criteria are met.  This bill changes 
the upper acreage limit from 7 acres to 10 acres.