An Act Regarding the Definition of "Development of State or Regional Significance That May Substantially Affect the Environment
Maine Legislature, Session 130, LD 1097
Committee: Environment and Natural Resources
Sponsors: KEIM
Amends: 38 MRSA §482, 38 MRSA §488

Legislative Document
No. 1097
S.P. 358
In Senate, March 22, 2021
An Act Regarding the Definition of "Development of State or 
Regional Significance That May Substantially Affect the 
Environment"
Received by the Secretary of the Senate on March 18, 2021.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §482, sub-§5, ¶F, as repealed and replaced by PL 1993, c. 680, 
Pt. A, §35, is amended to read:
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
Sec. 2.  38 MRSA §482, sub-§5, ¶H, as repealed and replaced by PL 1993, c. 680, 
Pt. A, §35, is amended to read:
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.; and
Sec. 3.  38 MRSA §482, sub-§5, ¶I is enacted to read:
I.  A residential subdivision of less than 100 dwelling units, regardless of whether they 
are all or a mix of single-family, duplex or multifamily housing, is exempt from review 
under this article.
Sec. 4.  38 MRSA §482, sub-§6, ¶B, as amended by PL 1993, c. 383, §18 and 
affected by §42, is further amended to read:
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 5 acres.  Stripped or graded areas that are not revegetated within a calendar 
year are included in calculating the 3-acre 5-acre threshold.
Sec. 5.  38 MRSA §488, sub-§17, as amended by PL 1997, c. 393, Pt. A, §45, is 
further amended to read:
17.  Structure area within residential lots.  Buildings, roads, paved areas or areas to 
be stripped or graded and not revegetated that are located within lots used solely for single-
family residential housing are not counted toward the 3-acre 5-acre threshold described in 
section 482, subsection 6, paragraph B for purposes of determining jurisdiction.  A road 
associated only with such lots is also not counted toward the 3-acre 5-acre threshold.  For 
purposes of this subsection, "single-family residential housing" does not include multi-unit 
housing such as condominiums and apartment buildings.
Sec. 6.  38 MRSA §488, sub-§30 is enacted to read:
30.  Solar energy project of less than 10 megawatts.  A solar energy project designed 
to generate less than 10 megawatts is exempt from review under this article.
SUMMARY
The purpose of this bill is to ensure that the site location of development law subjects 
to review those projects that are truly of state or regional significance.  It requires the 
application of the law to residential subdivisions only if they contain at least 100 dwelling 
units.  It increases the threshold for review by modifying the definition of "structure" to 
include at least 5 nonvegetated acres, increased from 3 acres.  It exempts solar energy 
projects generating less than 10 megawatts from review, even if the project covers more 
than 20 acres.