§ 25 §2448-A — Municipal review of development

Maine § 25 §2448-A

• Jurisdiction: Maine
• Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
• Part 6: FIRE PREVENTION AND FIRE PROTECTION
• Ch. 317: PREVENTIVE MEASURES AND RESTRICTIONS

Text

The Commissioner of Public Safety, referred to in this section as "the commissioner," may register municipalities for authority to issue permits required by section 2448 under the following conditions. For purposes of this section, "municipal reviewing authority" has the same meaning as defined in Title 30‑A, section 4366, subsection 7.
1.
Projects.
A municipality registered pursuant to this section may review projects of public buildings as described in section 2448.
2.
Registration.
The commissioner shall register municipalities to grant permits for projects under subsection 1 if the commissioner finds that the municipality meets all of the following criteria.
3.
Current requirements.
A municipality registered under this section shall ensure that its municipal regulations continue to meet the criteria listed in subsection 2.
4.
Suspension of registration.
If the commissioner finds that a municipality no longer meets the criteria under subsection 2, or is not adequately implementing those requirements, the commissioner may suspend the registration under subsection 2 and shall immediately notify the municipality. The notice must contain findings of fact and conclusions of law. If the registration is suspended, the commissioner shall provide the municipality with the necessary procedures to come into compliance with this section.
5.
Central list of pending projects.
The commissioner shall maintain and make available a list of projects that are pending municipal review under this section.
6.
Technical assistance.
The commissioner may provide technical assistance to municipalities upon request for projects reviewed under this section.
7.
Application review process.
Upon determination by the municipal reviewing authority that an application for a permit or permit amendment under this section is complete for processing, the municipal reviewing authority shall submit to the commissioner within 14 days of that determination a copy of the project application.
8.
Record of review and basis for decision.
9.
State jurisdiction.
The Department of Public Safety shall review projects and exercise jurisdiction for a registered municipality if:
10.
Joint enforcement.
A permit or permit amendment issued by a municipal reviewing authority may be enforced by either the commissioner or the municipality that issued the permit or permit amendment.

Legislative History

PL 2009, c. 364, §2 (NEW). PL 2011, c. 94, §3 (AMD). PL 2011, c. 304, Pt. J, §§1-3 (AMD).