Valente v. Board of Environmental Protection

461 A.2d 716, 13 Envtl. L. Rep. (Envtl. Law Inst.) 20924, 1983 Me. LEXIS 709
CourtSupreme Judicial Court of Maine
DecidedJune 14, 1983
StatusPublished
Cited by14 cases

This text of 461 A.2d 716 (Valente v. Board of Environmental Protection) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Valente v. Board of Environmental Protection, 461 A.2d 716, 13 Envtl. L. Rep. (Envtl. Law Inst.) 20924, 1983 Me. LEXIS 709 (Me. 1983).

Opinions

VIOLETTE, Justice.

Philip J. Valente appeals from a Superior Court, Cumberland County, affirmation of a decision by the Maine Board of Environmental Protection (“Board”) denying his application for a permit under the Site Location of Development Law (“Site Law”), 38 M.R.S.A. §§ 481-490 (1978 & Supp.1982), to remove topsoil from 40 acres of land in Poland. Because we find that the Board overstepped its statutory authority, we sustain Valente’s appeal.

Valente is the owner of a 66 acre plot of land in Poland. He applied to the Board for permission to strip 12 inches of topsoil from 40 acres of that plot, one acre at a time,1 and then to reclaim the land by planting it with grass. The Board identified the entire 40-acre parcel as “prime cropland” because of the high quality of its topsoil, and found that the parcel had “a long history of successful agricultural use.” The Board also found that Valente’s land had good drainage, resulting in a relatively long frost-free growing season, but that removal of the topsoil would significantly reduce the land’s water holding capacity and rooting depth. Finally, the Board found that there were only 142 acres of cropland (in parcels of 10 acres or more) in recent production in the town of Poland, including the 40 acres Valente proposed to strip for topsoil.

The Board denied Valente a permit solely on the basis that

The stripping of 12 to 18 inches of loam from the site will drastically reduce the ability of the property to grow food stuffs, thus substantially reduce [sic] the base of farmland available for commercial agriculture in a rural area. The loam removal will adversely affect existing and potential agricultural uses of the site in the local farming community, and will eliminate substantial natural farmland resources important to the municipality and neighboring municipalities.

The Board also found that Valente had satisfied every other criterion of the Site Law.2 The only question before us is whether the Board has statutory authority to deny a development permit under the Site Law solely because the planned development would remove from existing use 40 acres of prime cropland and thereby eliminate a natural agricultural resource important to the Town of Poland and surrounding municipalities.

“Legislative intent is the fundamental rule in the construction or interpretation of statutes ... Such a construction ought to be put upon a statute as may best answer the intent which the Legislators had in view, and when determinable and ascertained, the courts must give effect to it.” In Re Spring Valley Development, 300 A.2d 736, 741 (Me.1973) (quoting King Resources Co. v. Environmental Improvement Commission, 270 A.2d 863, 869 (Me.1970)); W.S. [718]*718Libbey Co. v. Johnson, 148 Me. 410, 414, 94 A.2d 907, 909 (1953).

Administrative agencies are creatures of statute, and can only have such powers as those expressly conferred upon them by the Legislature, or such as arise therefrom by necessary implication to allow carrying out the powers accorded to them. Clark v. State Employees Appeals Board, 363 A.2d 735, 737 (Me.1976). The Site Law is an exercise of the police power of the State and stands in derogation of the common law. Well established rules of statutory construction state that “the common law is not to be changed by doubtful implication, be overturned except by clear and unambiguous language, and that a statute in derogation of it will not effect a change thereof beyond that clearly indicated either by express terms or by necessary implication.” Stanton v. Trustees of St. Joseph’s College, 233 A.2d 718, 722 (Me.1967) (citation omitted).

In deciding whether the Board acted within its statutory powers in denying Va-lente a permit on the basis of his failure to comply with section 484(3), we must begin by examining the pertinent provisions of the Site Law.

Section 481 sets out the purpose of that law.

The Legislature finds that the economic and social well-being of the citizens of the State of Maine depend upon the location of state, municipal, quasi-municipal, educational, charitable, commercial and industrial developments with respect to the natural environment of the State; that many developments because of their size and nature are capable of causing irreparable damage to the people and the environment in their surroundings; that the location of such developments is too important to be left only to the determination of the owners of such developments; and that discretion must be vested in state authority to regulate the location of developments which may substantially affect environment.
The purpose of this subehapter is to provide a flexible and practical means by which the State, acting through the Board of Environmental Protection, in consultation with appropriate state agencies, may exercise the police power of the State to control the location of those developments substantially affecting local environment in order to insure that such developments will be located in a manner which will have a minimal adverse impact on the natural environment of their surroundings and protect the health, safety and general welfare of the people. (Emphasis added).

Section 482 then defines the meaning of “natural environment” set forth in section 481. It states:

“Natural environment of a locality” includes the characteristics, quality and uses of the land, air and waters in the area likely to be affected by such development, and the degree to which such land, air and waters are free from non-naturally occurring contamination. (Emphasis added)

Surrounding is defined as “... the things, conditions, influences, etc. that surround a given place or person; environment.” Webster’s New World Dictionary, 1434 (2d college ed. 1980). “Their surroundings” in section 481 has to mean the surroundings of the development location (site); it has no other rational meaning. Hence the legislative concern in section 481 is the natural environment of the locality surrounding the development site.

It seems emminently clear that the intent and entire thrust of the Site Law is not primarily directed at the development site itself but rather at the effects the development of that site will have upon the natural environment of the locality surrounding the site. “The Site Location Law ... is not concerned with where a development takes place in general but only that the development takes place in a manner consistent with the needs of the public for a [719]*719healthy environment.” In Re Spring Valley Development, 300 A.2d at 753. The Statement of Fact in L.D. 1834 (104th Legis. 1969), the bill enacted by the Legislature as the Site Law, stated that the purpose of the act was to enable the state to guide and control the location of commercial and industrial developments substantially affecting local environment.

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Valente v. Board of Environmental Protection
461 A.2d 716 (Supreme Judicial Court of Maine, 1983)

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Bluebook (online)
461 A.2d 716, 13 Envtl. L. Rep. (Envtl. Law Inst.) 20924, 1983 Me. LEXIS 709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valente-v-board-of-environmental-protection-me-1983.