§ 38 §484 — Standards for development

Maine § 38 §484

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 3: PROTECTION AND IMPROVEMENT OF WATERS

Text

The department shall approve a development proposal whenever it finds the following.
1.
Financial capacity and technical ability.
The developer has the financial capacity and technical ability to develop the project in a manner consistent with state environmental standards and with the provisions of this article. The commissioner may issue a permit under this article that conditions any site alterations upon a developer providing the commissioner with evidence that the developer has been granted a line of credit or a loan by a financial institution authorized to do business in the State as defined in Title 9‑B, section 131, subsection 17‑A or with evidence of any other form of financial assurance the board determines by rule to be adequate.
2.
Traffic movement.
3.
No adverse effect on the natural environment.
The developer has made adequate provision for fitting the development harmoniously into the existing natural environment and that the development will not adversely affect existing uses, scenic character, air quality, water quality or other natural resources in the municipality or in neighboring municipalities.
4.
Soil types.
The proposed development will be built on soil types that are suitable to the nature of the undertaking.
4-A.
Storm water management and erosion and sedimentation control.
The proposed development meets the standards for storm water management in section 420‑D and the standard for erosion and sedimentation control in section 420‑C. If exempt under section 420‑D, subsection 7, a proposed development must satisfy the applicable storm water quantity standard and, if the development is located in the direct watershed of a lake included in the list adopted pursuant to section 420‑D, subsection 3, any applicable storm water quality standards adopted pursuant to section 420‑D. For redevelopment projects only, the standards for storm water management in section 420‑D are met if the proposed development is located in a designated area served by a department-approved management system for storm water as described in section 420‑D, subsection 2, as long as the owner or operator of the parcel upon which the proposed development will be located enters into or obtains and remains in compliance with all agreements, permits and approvals necessary for the proposed development to be served by such management system for storm water.
5.
Ground water.
The proposed development will not pose an unreasonable risk that a discharge to a significant ground water aquifer will occur.
6.
Infrastructure.
The developer has made adequate provision of utilities, including water supplies, sewerage facilities and solid waste disposal, required for the development, and the development will not have an unreasonable adverse effect on the existing or proposed utilities in the municipality or area served by those services.
7.
Flooding.
The activity will not unreasonably cause or increase the flooding of the alteration area or adjacent properties nor create an unreasonable flood hazard to any structure.
8.
Sand supply.
9.
Blasting.
Blasting will be conducted in accordance with the standards in section 490‑Z, subsection 14 unless otherwise approved by the department.
10.
Special provisions; wind energy development or offshore wind power project.
In the case of a grid-scale wind energy development, or an offshore wind power project with an aggregate generating capacity of 3 megawatts or more, the proposed generating facilities, as defined in Title 35‑A, section 3451, subsection 5:
11.
Special provision; solar energy development.
In the case of a proposed solar energy development, the development will not be constructed within 100 feet of a river, stream or brook. This subsection does not apply to vegetation removal activities necessary for shade management or road or utility line crossings within 100 feet of a river, stream or brook.

Legislative History

PL 1969, c. 571, §2 (NEW). PL 1971, c. 256, §5 (AMD). PL 1971, c. 476, §2 (AMD). PL 1971, c. 613, §§5-8 (AMD). PL 1971, c. 618, §12 (AMD). PL 1975, c. 240 (AMD). PL 1977, c. 300, §30 (AMD). PL 1977, c. 374, §3 (AMD). PL 1977, c. 623 (AMD). PL 1977, c. 696, §343 (AMD). PL 1981, c. 194, §3 (AMD). PL 1981, c. 449, §§8, 9 (AMD). PL 1983, c. 500, §3 (AMD). PL 1983, c. 513, §3 (AMD). PL 1985, c. 746, §21 (AMD). PL 1987, c. 141, §B36 (AMD). PL 1987, c. 760, §1 (AMD). PL 1987, c. 812, §§10, 18 (RPR). PL 1989, c. 502, §B50 (AMD). PL 1989, c. 610 (AMD). PL 1989, c. 890, §§A40, B89-91 (AMD). PL 1993, c. 383, §§21-23 (AMD). PL 1993, c. 383, §42 (AFF). PL 1995, c. 287, §§1, 2 (AMD). PL 1995, c. 700, §6 (AMD). PL 1995, c. 704, §§A8-11 (AMD). PL 1995, c. 704, §C2 (AFF). PL 1997, c. 502, §§7, 8 (AMD). PL 1997, c. 603, §§8, 9 (AFF). PL 1999, c. 468, §§9, 10 (AMD). PL 2005, c. 452, §A3 (AMD). PL 2007, c. 297, §2 (AMD). PL 2007, c. 661, Pt. B, §§11, 12 (AMD). PL 2009, c. 293, §1 (AMD). PL 2009, c. 506, §1 (AMD). PL 2009, c. 506, §3 (AFF). PL 2009, c. 615, Pt. E, §§17, 18 (AMD). PL 2011, c. 359, §3 (AMD). PL 2011, c. 653, §18 (AMD). PL 2011, c. 653, §33 (AFF). PL 2011, c. 655, Pt. DD, §18 (AMD). PL 2011, c. 655, Pt. DD, §24 (AFF). PL 2019, c. 343, Pt. D, §17 (AMD). PL 2019, c. 343, Pt. IIII, §12 (AMD). PL 2021, c. 293, Pt. A, §51 (AMD). PL 2021, c. 590, Pt. B, §1 (AMD). PL 2023, c. 481, §15 (AMD). PL 2025, c. 106, §1 (AMD).