Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 4 - Rules of Practice › Section 672-4-05 - APPLICATIONS, REQUESTS, AND RULEMAKING

Current through 2024-29, July 17, 2024
A.
GENERAL PROVISIONS
1.
Applications for Permit and Zoning Change, and Requests for Advisory
				Ruling and Certification
Applications must be submitted using the Commission's forms,
				  which may be changed from time to time by the Commission. The Commission's
				  application forms will require information deemed necessary or desirable by the
				  Commission to evaluate the application. The Commission may coordinate with the
				  MDEP to incorporate any Commission certification forms into the MDEP's permit
				  application materials.
A person requesting Commission approval must use the
				  appropriate form, but need not complete any portions of a form determined by
				  the Commission to be unnecessary for a specific application.
2.
Signatory Requirement
In addition to the provisions of Section
				  4.02(D), signatures
				  must comply with the following:
a.
				Each application or rulemaking petition submitted to the Commission must
				include the signature of the applicant or the person petitioning for
				rulemaking, or the duly authorized officer or agent.
b. If a form is signed by an agent, it must
				include evidence of the agency signed by the applicant or person requesting
				certification.
3.
Title, Right or Interest
Unless otherwise provided by law, the Commission will not
				  accept an application as complete for processing unless and until the applicant
				  demonstrates, to the Commission's satisfaction, legally enforceable title,
				  right or interest in all the property proposed for development or use
				  sufficient to evaluate the proposed development and use of the property,
				  including closure and post closure care, where required. Unless submitted to
				  the Commission before filing a MDEP permit application, determinations of
				  title, right or interest for certification requests made pursuant to
				  12 M.R.S.
				  §§685-B(1-A) (B-1)
				  and 685-B(1-A)(B-2) are made by the MDEP and are not subject to Section
				  4.05(A)(3). Methods
				  of demonstrating title, right or interest include, but are not limited to,
				  supplying the following:
a. when the
				applicant owns the property, a copy of the recorded deed(s) to the property.
				However, in the instance of large ownerships where, at the discretion of the
				Commission, providing deeds would be impractical or cumbersome, other methods,
				such as certificates of ownership, may be acceptable;
b. when the applicant has a lease or easement
				on the property, a copy of the lease or easement. The lease or easement must be
				of sufficient duration and terms, as determined by the Commission, to permit
				the proposed zone change, development, and use of the property;
c. when the applicant has an option to buy,
				lease, or obtain an easement on the property, a copy of the option agreement
				and a copy of the property owner's recorded deed. The option agreement must be
				sufficient, as determined by the Commission, to give rights to title, or a
				leasehold or easement of sufficient duration and terms to permit the proposed
				development and use of the property;
d. when the applicant asserts eminent domain
				power over the property, evidence describing the ability and intent to use the
				eminent domain power to acquire sufficient title, right or interest as
				determined by the Commission;
e.
				when the applicant has either a valid preliminary permit or a notification of
				acceptance for filing of an application for a license from the Federal Energy
				Regulatory Commission for the site which is proposed for development or use, a
				copy of that permit or notification;
f. when a project involving the State's
				submerged lands requires a submerged lands conveyance from the Bureau of Parks
				and Lands (the BPL), title, right or interest in the property will be presumed
				for purposes of the Commission's processing and acting upon the application or
				notification, subject to the following requirements:
(1) When an application is submitted to the
				Commission involving a use of the State's submerged lands, the Commission will
				forward a copy to the BPL. The Commission will not act upon an application
				until it has received written notice from the BPL that a submerged lands lease
				or easement is not required, or that BPL has initiated formal review of the
				project. If the Commission receives written notice from the BPL that a grant of
				a submerged lands lease or easement is legally required but has been or is
				likely to be withheld, the Commission will cease processing the application. As
				a condition of the Commission's licensing of any project involving the State's
				submerged lands which requires a submerged lands lease or easement from the
				BPL, construction may not commence unless the BPL has granted the required
				interest in the State's submerged lands and provided a copy of the submerged
				lands conveyance to the Commission.
(2) For projects involving the salvage of
				sunken logs from the State's submerged lands and which require a sunken log
				salvage authorization from the BPL, the Commission will not begin processing
				the application until the BPL has issued an authorization allowing the salvage
				in the location proposed, unless the BPL provides written notification that it
				has initiated review of the proposed salvage operation and approval in the
				proposed location is likely. The Commission may not issue a permit for sunken
				log salvage before the BPL issues a sunken log authorization for the project. A
				permit issued by the Commission must be effective for a period not to exceed
				the term of the authorization as granted or reissued by the BPL.
(3) When the Department of Inland Fisheries
				and Wildlife or the BPL files a notification to establish a public boat launch,
				title, right or interest to submerged lands will be presumed for purposes of
				accepting the notification if the applicant demonstrates it has filed an
				application for a submerged lands conveyance with the BPL. Work on the project
				may not begin until a lease or easement is obtained or the BPL has provided
				notification that one is not necessary.
g. if the property is subject to a
				conservation easement or other restrictions of record, a copy of the
				conservation easement or other restrictions.
The Commission, in its discretion, may require additional
				  information from the applicant to determine whether the applicant has
				  sufficient title, right, or interest.
The Commission may return an application after it has already
				  been accepted for processing if the Commission determines that the applicant
				  did not have, or no longer has, sufficient title, right, or interest.
4.
Fee.
The application must be accompanied by the proper fee as set
				  in Chapter 1 of the Commission's rules or by the Director pursuant to
				  12 M.R.S.
				  §685-F.
5.
Acceptance of Applications.
a. Application Accepted as Complete for
				Processing. Upon receipt of an application, the Commission must determine
				whether to accept the application, as complete for processing based upon
				whether it:
(1) is properly signed;
(2) is accompanied by the proper
				fee;
(3) contains sufficient
				documentation of title, right, or interest;
(4) contains documentation that notice of the
				filing, when required, has been provided. Documentation of notice must include
				a list of the recipients and applicable addresses or email addresses, the means
				and date of notice, and a copy of the notice provided; and
(5) answers all applicable questions in the
				application and contains all applicable exhibits.
b. Notwithstanding the provisions of Section
				4.05(A)(5)(a),
				requests for an advisory ruling must be accompanied by the proper fee and
				contain sufficient information for the Commission to begin its
				review.
c. The Commission will
				notify the applicant of any deficiency in the application within a reasonable
				time after it becomes aware of the deficiency.
d. Additional Information May Be Required. In
				addition to the threshold information required by Section
				4.05(A)(5)(a), the
				Commission may request additional information the Commission deems necessary to
				evaluate applicable review criteria. Even if an application is accepted as
				complete for processing, the Commission may deny the application if the
				applicant fails to provide additional information the Commission deems
				necessary for it to make findings required by applicable review criteria
				including, but not limited to, criteria set forth in
				12 M.R.S.
				§685-A(8-A) and §
											685-B(4),
				Criteria for Approval, and any other applicable review criteria.
e. Modification of Application. If the
				Commission determines in its sole discretion that an applicant (i) materially
				modifies its application such that the modified application requires new or
				supplemental review by the Commission, or (ii) submits additional information
				necessary to enable the Commission to make findings under applicable review
				criteria, and the additional information requires new or supplemental review by
				the Commission, the Commission may:
(1) If
				there is insufficient time to make the findings and conclusions required by law
				within the deadlines set forth in
				12 M.R.S.
				§685-A(7-A) and
				§§
												685-B(2-B) and
				(3-A), deny the application; or
(2) With the agreement of the applicant,
				accept the additional information as a modified application, in which case the
				processing times set forth in
				12 M.R.S.
				§685-A(7-A) and
				§§
												685-B(2-B) and
				(3-A) restart on the date that the Commission
				determines there is sufficient new information for the Commission to begin its
				review of the modified application.
6.
Burden of Proof
Unless otherwise provided herein or by other applicable
				  provisions of law, the burden of proof is as follows:
a. The burden of proof is upon the applicant.
				An applicant must demonstrate by substantial evidence that the criteria of all
				applicable statutes and regulations have been met.
7.
Comment Periods Without a
				Hearing
a. The Commission must allow a
				period of not less than five days after providing notice of receipt of a permit
				application, during which time any interested persons may submit written
				comments to the Commission.
b.
				Certifications. The Commission must allow a period of not less than 20 days
				after accepting a request for certification as complete for processing, during
				which time any interested persons may submit written comments to the
				Commission. This 20-day period does not apply to the Commission's determination
				of whether to certify that the proposed development is an allowed use within
				the subdistrict or subdistricts for which it is proposed.
c. Exceptions. Exceptions to the time periods
				stated in Section
				4.05(A)(7)(a) and
				(b) may be made in cases involving
				emergencies, as determined by the Commission, and requests for certifications
				determined by the Commission to be routine in nature.
8.
Withdrawal of Applications
Unless otherwise provided herein or by other applicable
				  provisions of law, applications may be withdrawn by the applicant at any time
				  prior to:
a. a staff issued decision;
				or
b. the commencement of Commission
				deliberation on the application at a Commission meeting.
9.
Procedures and Time Limits for
				Issuing a Decision on Applications
a.
				Except where otherwise directed by the Commission or determined by the
				Director, the staff will prepare a recommendation for each application brought
				to the Commission for a decision.
b. Commission staff will send notice of the
				decision on an application to the applicant, intervenors, and to any other
				person having requested such information.
c. Notice of a decision of the staff will
				indicate that any person aggrieved by the staff decision has the right to a
				review of the staff decision by the Commission. The request for such review
				must be made in writing within 30 days of the date of the staff
				decision.
d. In the event the
				Commission approves an application for a subdivision, a copy of an approved
				plat or plan and a copy of the conditions required by the Commission to be
				included in any deed or other document conveying an interest in the subdivision
				must be filed by the applicant, or the Commission at the applicant's expense,
				with the appropriate registry of deeds for each county in which the real estate
				lies.