§ 12 §685-B — Development review and approval

Maine § 12 §685-B

• Jurisdiction: Maine
• Title 12: CONSERVATION
• Part 2: FORESTS, PARKS, LAKES AND RIVERS
• Ch. 206-A: USE REGULATION

Text

1.
Review and approval required.
Except as provided in this section or by commission rule:
1-A.
Exceptions.
Except as provided in this section or by commission rule:
1-B.
Delegation to staff.
The commission may establish standards by which authority may be delegated to its staff, to approve with reasonable conditions or deny applications submitted. Any person aggrieved by a decision of the staff has the right to a review of that decision by the commission. A request for such a review must be made within 30 days of the staff decision.
1-C.
Delegation to county.
The commission may establish standards by which authority may be delegated to a county, upon request of the county commissioners, to approve, approve with reasonable conditions or deny applications to conduct specified activities requiring a permit and to enforce compliance with the permit. Any person aggrieved by a decision of a county has the right to appeal that decision to the commission. Such an appeal must be made within 30 days after the county decision.
2.
Application for approval.
The application forms for approval, as provided by the commission, must be completed and signed by the applicant and must be accompanied by the following:
2-A.
Priority for processing.
Applications to replace destroyed seasonal or permanent structures shall be given top priority for processing when hardship can be demonstrated by the applicant provided that:
2-B.
Determination deadline.
The commission shall render its determination on an application for subdivision approval within 60 days after the commission determines that the application is complete and the proposal is a permitted use within the affected district or subdistrict.
2-C.
Wind energy development; community-based offshore wind energy projects; determination deadline.
For purposes of this subsection, "expedited permitting area," "grid-scale wind energy development" and "wind energy development" have the same meanings as in Title 35‑A, section 3451. The following provisions govern wind energy development.
2-D.
Transmission line or lines under Northern Maine Renewable Energy Development Program.
A transmission line or lines developed under the Northern Maine Renewable Energy Development Program pursuant to Title 35‑A, section 3210‑I, subsection 2 and proposed within unorganized or deorganized areas of the State is reviewed and permits are issued by the Department of Environmental Protection under Title 38, section 489‑A‑1.
3.
Hearings and procedures.
3-A.
Hearings and procedures.
Hearings and procedures in connection with the review and approval of a permit application are subject to this subsection. To the extent practicable, hearings held under this subsection must be held at a location in close proximity to the project or projects under review.
4.
Criteria for approval.
In approving applications submitted to it pursuant to this section, the commission may impose such reasonable terms and conditions as the commission may consider appropriate. In making a decision under this subsection regarding an application for a community-based offshore wind energy project, the commission may not consider whether the project meets the specific criteria designated in section 1862, subsection 2, paragraph A, subparagraph (6), divisions (a) to (d). This limitation is not intended to restrict the commission's review of related potential impacts of the project as determined by the commission.
4-A.
Subdivision of land subject to liquidation harvesting.
The commission may not approve an application for a subdivision if the commission determines that timber on the parcel proposed for subdivision has been harvested in violation of rules adopted pursuant to section 8869, subsection 14. If a violation of rules adopted by the Maine Forest Service to substantially eliminate liquidation harvesting has occurred, the commission must determine prior to granting approval for the subdivision that 5 years have elapsed from the date the landowner under whose ownership the harvest occurred acquired the parcel. The commission may request technical assistance from the Maine Forest Service to determine if a rule violation has occurred.
4-B.
Special provisions; community-based offshore wind energy project.
In the case of a community-based offshore wind energy project, the developer must demonstrate, in addition to requirements under subsection 4, that the proposed generating facilities, as defined in Title 35‑A, section 3451, subsection 5:
5.
Limitation, expiration, transfer and revocation of approval.
Commission authorization pursuant to this section shall permit only the arrangement and construction set forth in the approval as issued. Change in use, arrangement or construction shall be considered a violation of this chapter and punishable as provided in this chapter.
6.
Recording of approved proposals.
A copy of each application, marked approved or disapproved, shall be retained in the commission files and shall be available to the public during normal business hours.
6-A.
Recording of land division plan required.
A copy of each land division plan must be recorded in the registry of deeds of the county in which the land is located.
6-B.
Notification of land division required.
7.
Nonconforming uses and nonconforming structures.
To achieve the purposes set forth in this chapter after the adoption of permanent district standards and permanent districts, the commission may regulate and prohibit expansion and undue perpetuation of nonconforming uses. Specifically the commission may regulate and prohibit:
7-A.
Reconstruction of commercial sporting camps.
The commission may approve a permit for the reconstruction of a damaged or destroyed nonconforming commercial sporting camp that was a permissible use under commission standards at the time of the damage or destruction. The commission may, consistent with public health, safety and welfare, and to the minimum extent necessary, waive standards that made the original structure nonconforming. The reconstructed structure must replicate the original structure and use to the maximum extent possible and it must be on the same location and within the same footprint as the original structure. Reconstruction must occur within 2 years of the damage or destruction.
7-B.
Presumption of nonconforming uses and nonconforming structures.
If a person demonstrates that a use or structure that does not conform with district standards has existed for at least 30 years, there is a rebuttable presumption that the use is a nonconforming use or that the structure is a nonconforming structure.
8.
Certificates of compliance.
It shall be unlawful to use or occupy or permit the use or occupancy of any land, structure, or part thereof, created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structural form, requiring subsequent review and approval pursuant to this subchapter, until a certificate of compliance has been issued therefor by the commission stating that the requirements and conditions of approval have been met.
9.
Periodic review of district boundaries and land use standards.
10.
Moratorium.
The commission may adopt a moratorium on the processing or issuance of development permits on a township-by-township basis, on portions of a township or on portions of the territory under its jurisdiction. Any moratorium adopted by the commission must meet the following requirements.

Legislative History

PL 1971, c. 457, §5 (NEW). PL 1971, c. 544, §§28F-28I (AMD). PL 1971, c. 618, §§12,17 (AMD). PL 1971, c. 619, §§6,7 (AMD). PL 1973, c. 569, §§11,12 (AMD). PL 1977, c. 213, §§1-3 (AMD). PL 1977, c. 360, §17 (AMD). PL 1977, c. 564, §51 (AMD). PL 1977, c. 694, §§228-232 (AMD). PL 1979, c. 127, §§68,69 (AMD). PL 1981, c. 194, §1 (AMD). PL 1985, c. 819, §§A18,19 (AMD). PL 1987, c. 653, §4 (AMD). PL 1987, c. 769, §A49 (AMD). PL 1987, c. 771, §§1,2 (AMD). PL 1987, c. 885, §§3-5 (AMD). PL 1989, c. 22, §§1,2 (AMD). PL 1989, c. 47, §2 (AMD). PL 1989, c. 430, §§1,2 (AMD). PL 1989, c. 584, §2 (AMD). PL 1989, c. 585, §E1 (AMD). PL 1989, c. 596, §G1 (AMD). PL 1989, c. 681, §1 (AMD). PL 1989, c. 810, §2 (AMD). PL 1989, c. 878, §A31 (AMD). PL 1991, c. 9, §E9 (AMD). PL 1991, c. 46, §1 (AMD). PL 1991, c. 528, §E8 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §E8 (AMD). PL 1991, c. 687, §2 (AMD). PL 1993, c. 410, §U1 (AMD). PL 1995, c. 386, §3 (AMD). PL 1995, c. 487, §1 (AMD). PL 1997, c. 335, §1 (AMD). PL 1999, c. 333, §§12-17 (AMD). PL 2001, c. 402, §§4,5 (AMD). PL 2001, c. 431, §§4,5 (AMD). PL 2003, c. 622, §1 (AMD). PL 2005, c. 107, §1 (AMD). PL 2005, c. 107, §4 (AFF). PL 2005, c. 452, §A1 (AMD). PL 2007, c. 114, §1 (AMD). PL 2007, c. 661, Pt. C, §§2-4 (AMD). PL 2009, c. 111, §2 (AMD). PL 2009, c. 270, Pt. D, §§1-4 (AMD). PL 2009, c. 492, §§1, 2 (AMD). PL 2009, c. 615, Pt. D, §§3-5 (AMD). PL 2009, c. 615, Pt. F, §1 (AMD). RR 2011, c. 2, §10 (AFF). RR 2011, c. 2, §§8, 9 (COR). PL 2011, c. 653, §§2, 3 (AMD). PL 2011, c. 653, §33 (AFF). PL 2011, c. 682, §§14-20 (AMD). PL 2011, c. 682, §38 (REV). PL 2015, c. 265, §2 (AMD). PL 2015, c. 265, §10 (AFF). PL 2017, c. 89, §1 (AMD). PL 2021, c. 590, Pt. A, §§1, 2 (AMD). PL 2023, c. 660, §1 (AMD). PL 2025, c. 11, §§3-11 (AMD).