Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 10 - LAND USE DISTRICTS AND STANDARDS › Subchapter III - LAND USE STANDARDS › Section 672-10-III-24 - GENERAL CRITERIA FOR APPROVAL OF PERMIT APPLICATIONS

Current through 2024-29, July 17, 2024
In approving applications submitted to it pursuant to
					 12 M.R.S.
					 §685-A(10) and §
										685-B, the Commission may impose
					 such reasonable terms and conditions as the Commission may consider appropriate
					 in order to satisfy the criteria of approval and purpose set forth in these
					 statutes, rules and the Comprehensive Land Use Plan.
A.
CRITERIA FOR APPROVAL OF ALL PERMIT
				  APPLICATIONS
1. "The commission may not
				  approve an application, unless:
A. Adequate
				  technical and financial provision has been made for complying with the
				  requirements of the State's air and water pollution control and other
				  environmental laws, and those standards and regulations adopted with respect
				  thereto, including without limitation the minimum lot size laws,
				  [12
				  M.R.S.] Sections4807 to
				  4807-G, the site location of
				  development laws,
				  Title 38,
				  sections481 to
				  489-E, and the natural resource
				  protection laws,
				  Title 38,
				  sections480-A to
				  480-Z, and adequate provision has
				  been made for solid waste and sewage disposal, for controlling of offensive
				  odors and for the securing and maintenance of sufficient healthful water
				  supplies;
B. Adequate provision has
				  been made for loading, parking and circulation of land, air and water traffic
				  in, on and from the site, and for assurance that the proposal will not cause
				  congestion or unsafe conditions with respect to existing or proposed
				  transportation arteries or methods;
C. Adequate provision has been made for
				  fitting the proposal harmoniously into the existing natural environment in
				  order to ensure there will be no undue adverse effect on existing uses, scenic
				  character and natural and historic resources in the area likely to be affected
				  by the proposal.
(1) In making a determination
				  under this paragraph regarding whether an applicant has made adequate provision
				  for fitting the proposal harmoniously into the existing natural environment,
				  the commission may consider the effect of at least 1.5 feet of sea level rise
				  by 2050 and 4 feet of relative sea level rise by 2100 as specified by the
				  Commission by rule adopted pursuant to section
				  685-A, subsection
				  3.
(2) In making a determination under this
				  paragraph regarding development to facilitate withdrawal of groundwater, the
				  Commission shall consider the effects of the proposed withdrawal on waters of
				  the State, as defined by
				  Title 38,
				  Section 361-A, subsection
				  7; water-related natural
				  resources; and existing uses, including, but not limited to, public or private
				  wells, within the anticipated zone of contribution to the withdrawal. In making
				  findings under this paragraph, the Commission shall consider both the direct
				  effects of the proposed withdrawal and its effects in combination with existing
				  water withdrawals.
(3) In making a
				  determination under this paragraph regarding a community-based offshore wind
				  energy project, the commission shall consider the project's effects on scenic
				  character and existing uses related to scenic character in accordance with
				  Title
				  35-A, section3452.
(4) In making a determination under this
				  paragraph regarding a wind energy development, as defined in
				  Title
				  35-A, section3451, subsection
				  11, that is not a grid-scale
				  wind energy development, that has a generating capacity of 100 kilowatts or
				  greater and that is proposed for a location within the expedited permitting
				  area, the commission shall consider the development's or project's effects on
				  scenic character and existing uses relating to scenic character in the manner
				  provided for in
				  Title
				  35-A, section3452;
C-1. With respect to a wind energy
				  development that has a generating capacity of 100 kilowatts or greater, the
				  person proposing the development has received certification from the Department
				  of Environmental Protection in the manner provided under
				  Title
				  35-A, section 3456;
D. The proposal will not cause unreasonable
				  soil erosion or reduction in the capacity of the land to absorb and hold water
				  and suitable soils are available for a sewage disposal system if sewage is to
				  be disposed on-site;
E. The
				  proposal is otherwise in conformance with this chapter and the regulations,
				  standards and plans adopted pursuant thereto; and
F. In the case of an application for a
				  structure upon any lot in a subdivision, that the subdivision has received the
				  approval of the commission.
The burden is upon the applicant to demonstrate by
					 substantial evidence that the criteria for approval are satisfied, and that the
					 public's health, safety and general welfare will be adequately protected. The
					 commission shall permit the applicant and other parties to provide evidence on
					 the economic benefits of the proposal as well as the impact of the proposal on
					 energy resources."12 M.R.S.
					 §685-B(4)
In addition, the applicant must demonstrate "evidence of
					 sufficient right, title or interest in all of the property that is proposed for
					 development or use."12 M.R.S.
					 §685-B(2)(D)