An Act to Reorganize and Simplify Certain Exceptions in the Use
Maine Legislature, Session 132, LD 0103
Committee: Agriculture, Conservation and Forestry
Sponsors: PLUECKER
Amends: 12 MRSA §682, 12 MRSA §685-A, 12 MRSA §685-B

Legislative Document
No. 103
H.P. 68
House of Representatives, January 8, 2025
An Act to Reorganize and Simplify Certain Exceptions in the Use 
Regulation Law
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §682, sub-§15, as repealed and replaced by PL 2001, c. 402, §1, 
is amended to read:
15.  Campsite Minor campground.  "Campsite" "Minor campground" means a 
camping location containing tents, registered tent trailers, registered pickup campers, 
registered recreational vehicles, registered trailers or similar devices used for camping.  
"Campsite" "Minor campground" does not include a camping location that has access to a 
pressurized water system or permanent structures other than outhouses, fireplaces, picnic 
tables, picnic tables with shelters or lean-tos.  A campsite minor campground may be 
designed to contain a maximum of 4 camping sites for transient occupancy by 12 or fewer 
people per site, or numbers of sites and occupancy rates consistent with a landowner's 
recreational policy filed with the commission.  The commission may require a campsite 
permit if it determines that the recreational policy is inconsistent with the commission's 
comprehensive land use plan.
Sec. 2.  12 MRSA §685-A, sub-§5, as amended by PL 2009, c. 111, §1, is further 
amended by repealing the 4th blocked paragraph.
Sec. 3.  12 MRSA §685-B, sub-§1-A, ¶B, as amended by PL 2011, c. 682, §14, is 
repealed.
Sec. 4.  12 MRSA §685-B, sub-§1-A, ¶B-1, as amended by PL 2015, c. 265, §2 
and affected by §10, is repealed.
Sec. 5.  12 MRSA §685-B, sub-§1-A, ¶B-2, as reallocated by RR 2011, c. 2, §8 
and affected by §10, is repealed.
Sec. 6.  12 MRSA §685-B, sub-§1-A, ¶C, as amended by PL 2009, c. 270, Pt. D, 
§2, is further amended to read:
C.  A permit is not required for a campsite minor campground in a management district;
Sec. 7.  12 MRSA §685-B, sub-§1-A, ¶D, as enacted by PL 2009, c. 270, Pt. D, 
§3, is amended to read:
D.  A permit is not required for an offshore wind energy demonstration project 
approved by the Department of Environmental Protection pursuant to Title 38, section 
480‑HH. Notice of the intent to develop and a map indicating the location of the 
proposed development must be filed with the commission prior to or concurrently with 
submission of an application to the Department of Environmental Protection pursuant 
to Title 38, section 480‑HH; and
Sec. 8.  12 MRSA §685-B, sub-§1-A, ¶E, as amended by PL 2009, c. 615, Pt. F, 
§1, is further amended to read:
E.  A permit or other approval by the commission is not required for a hydropower 
project that uses tidal or wave action as a source of electrical or mechanical power or 
is located partly within an organized municipality and partly within an unorganized 
territory.;
Sec. 9.  12 MRSA §685-B, sub-§1-A, ¶F is enacted to read:
F.  Except for projects that are located in a planned subdistrict that was approved or 
accepted by the commission for processing prior to September 1, 2012, a permit is not 
required for those aspects of a project approved by the Department of Environmental 
Protection pursuant to Title 38, chapter 3, subchapter 1, article 5-A if the commission 
determines that the project is an allowed use within the subdistrict or subdistricts for 
which it is proposed.  Notice of the intent to develop and a map indicating the location 
of the proposed development must be filed with the commission prior to or 
concurrently with the submission of a development application to the Department of 
Environmental Protection;
Sec. 10.  12 MRSA §685-B, sub-§1-A, ¶G is enacted to read:
G.  Except for projects located in a planned subdistrict approved or accepted by the 
commission for processing prior to September 1, 2012, a permit from the commission 
is not required for development requiring a permit from the Department of 
Environmental Protection pursuant to: 
(1) The site location of development law, Title 38, chapter 3, subchapter 1, article 
6;
(2) The Maine Metallic Mineral Mining Act, Title 38, chapter 3, subchapter 1, 
article 9; and
(3) The Maine Hazardous Waste, Septage and Solid Waste Management Act, Title 
38, chapter 13.
A person who qualifies for an exception under this paragraph by being required to 
submit a permit application to the Department of Environmental Protection for a 
proposed development located wholly or in part within the unorganized or deorganized 
areas of the State shall file a notice of the intent to develop and a map indicating the 
location of the proposed development with the commission prior to or concurrently 
with the submission of an application to the Department of Environmental Protection.
The Department of Environmental Protection must receive certification from the 
commission that the proposed development is an allowed use within the subdistrict or 
subdistricts for which it is proposed and that the proposed development meets any land 
use standard established by the commission that is not considered in the department's 
review before issuing a permit.
The commission may not certify that a proposed expedited wind energy development, 
as defined in Title 35-A, section 3451, subsection 4, within the expedited permitting 
area, as defined in Title 35-A, section 3451, subsection 3, is an allowed use if a relevant 
petition is pending under Title 35-A, section 3453-A, subsection 1.
This subsection may not be construed as prohibiting the commission from enforcing 
the land use standards certified to the Department of Environmental Protection under 
this paragraph; and
Sec. 11.  12 MRSA §685-B, sub-§1-A, ¶H is enacted to read:
H.  A permit from the commission is not required for the repair or maintenance of 
county-owned roads, bridges or culverts as long as the repair or maintenance is 
conducted in accordance with commission standards that pertain to these activities.
SUMMARY
This bill reorganizes and simplifies certain exceptions in the use regulation law and the 
provisions in the Maine Revised Statutes, Title 12 that address procedures for the Land Use 
Planning Commission and the Department of Environmental Protection to streamline 
cross-jurisdictional projects and processes.