§ 38 §488 — Applicability

Maine § 38 §488

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

Text

This article does not apply to any development in existence or in possession of applicable state or local licenses to operate or under construction on January 1, 1970, or to any development the construction and operation of which has been specifically authorized by the Legislature prior to May 9, 1970, or to public service corporation transmission lines, except transmission lines carrying 100 kilovolts or more, nor does it apply to the renewal or revision of leases of parcels of land upon which a structure or structures have been located as of March 15, 1972, nor to the rebuilding or reconstruction of natural gas pipelines or transmission lines within the same right-of-way. For purposes of this paragraph, development that reuses a building and associated facilities in existence on January 1, 1970 is exempt from review under this article. When determining if development meets the definition of "development of state or regional significance that may substantially affect the environment" and therefore is subject to review under this article, the department may not consider development in existence on January 1, 1970 that is exempt from review pursuant to this paragraph. When reviewing a proposal for development of state or regional significance that may substantially affect the environment under this article, the department may not consider in the review any development in existence on January 1, 1970 that is exempt from review pursuant to this paragraph.
1.
Unorganized areas.
2.
Organized areas.
3.
Standards, guidelines, definitions and revisions.
4.
Exemption.
5.
Subdivision exemptions.
The following development is exempt from this article:
6.
Multi-unit housing exemption.
7.
Exemption for expansion at existing manufacturing facility.
New construction at a licensed manufacturing facility is exempt from review under this article as long as the additional disturbed area not to be revegetated does not exceed 40,000 square feet ground area in any calendar year and does not exceed 80,000 square feet ground area in total. When review under this article is required at a licensed manufacturing facility, the applicant shall provide plans for the new development, as well as for those activities that have been undertaken pursuant to this subsection. The permittee shall annually notify the department of new construction conducted during the previous 12 months pursuant to this exemption. The notice must identify the type, location and ground area of the new construction.
8.
Exemption for storage facility.
9.
Development within unorganized areas.
9-A.
Development within unorganized areas.
Except for development described in paragraphs A, B and C, development located within the unorganized and deorganized areas, as defined in Title 12, section 682, subsection 1, is subject to review by the department for compliance with this article. The department shall review development within the unorganized and deorganized areas in accordance with section 489‑A‑1.
10.
Roads and railroad tracks.
A structure consisting only of a road or a road together with the structure area within a residential lot, as described in subsection 17 is exempt from the requirements of this article. Railroad tracks other than tracks within yards or stations are exempt from review under this article.
11.
Farm and fire ponds.
A pond that is used for irrigation of field crops, water storage for cranberry operations or fire protection determined to be necessary in that location by the municipal fire department is exempt from review under this article. This provision does not provide an exemption for excavation for borrow, clay, topsoil or silt.
12.
Structures within permitted commercial and industrial subdivisions.
A person may construct or cause to be constructed, or operate or cause to be operated, a structure on a lot in a commercial or industrial subdivision approved pursuant to this article without obtaining approval under this article for that structure, as long as all terms and conditions of the subdivision permit are met. This subsection applies to commercial or industrial subdivisions approved pursuant to this article on or after the effective date of this subsection.
13.
Research and aquaculture leases.
Activities regulated by the Department of Marine Resources under Title 12, section 6072, 6072‑A, 6072‑B or 6072‑C are exempt from the requirements of this article.
14.
Developments within designated growth areas.
The following provisions apply to developments within a designated growth area.
15.
Exemption for former military bases.
Development on a military base at the time ownership of the military base is acquired by a state or local development authority is exempt from review under this article. Subsequent transfer of ownership or lease of a former military base or any portion of a former military base by a state or local development authority to another entity does not affect the exemption granted under this subsection. Development proposed or occurring on a former military base after ownership of the military base is acquired by a state or local development authority is subject to review under this article, except to the extent that the development reuses a building and associated facilities in existence on September 29, 1995.
16.
Small road quarry.
17.
Structure area within residential lots.
Buildings, roads, paved areas or areas to be stripped or graded and not revegetated that are located within lots used solely for single-family residential housing are not counted toward the 3-acre threshold described in section 482, subsection 6, paragraph B for purposes of determining jurisdiction. A road associated only with such lots is also not counted toward the 3-acre threshold. For purposes of this subsection, "single-family residential housing" does not include multi-unit housing such as condominiums and apartment buildings.
18.
Roundwood and lumber storage yards.
A roundwood or lumber storage yard and any road associated with the yard is exempt from review under this article, as provided in this subsection.
19.
Municipal capacity.
A structure, as defined in section 482, subsection 6, that is from 3 acres up to and including 10 acres or a subdivision, as defined in section 482, subsection 5, that is made up of 15 or more lots for single-family, detached, residential housing, common areas or open space with an aggregate area of from 30 acres up to and including 100 acres is exempt from review under this article if it is located wholly within a municipality or municipalities meeting the criteria in paragraphs A to D as determined by the department and it is located wholly within a designated growth area as identified in a comprehensive plan adopted pursuant to Title 30‑A, chapter 187, subchapter 2. The planning board of the municipality in which the development is located or an adjacent municipality may petition the commissioner to review such a structure or subdivision if it has regional environmental impacts. This petition must be filed within 20 days of the receipt of the application by the municipality. State jurisdiction must be exerted, if at all, within 30 days of receipt of the completed project application by the commissioner from the municipality or within 30 days of receipt of any modification to that application from the municipality. Review by the department is limited to the identified regional environmental impacts. The criteria are as follows:
20.
Modifications in permitted subdivisions.
Review is not required under this article in the following instances:
21.
(REALLOCATED FROM T. 38, §488, sub-§19) Waste facilities.
Waste facilities regulated by the department under section 1310‑N, 1319‑R or 1319‑X are exempt from review under this article. This exemption applies to new facilities, modifications of facilities, transfers of facilities and relicensing of facilities.
22.
Unauthorized subdivision lots in existence for at least 20 years.
A lot that when sold or leased created a subdivision requiring a permit under this article is not considered a subdivision lot and is exempt from the permit requirement for a subdivision if a permit has not been obtained and the subdivision has been in existence for 20 or more years. A lot is considered a subdivision lot and is not exempt under this subsection if:
23.
Agricultural fair property.
Development on property that is used for one or more agricultural fairs licensed by the Commissioner of Agriculture, Conservation and Forestry under Title 7, chapter 4 is exempt from review under this article if:
24.
Nonmetallic mining accessory uses and facilities.
Accessory uses and facilities within an excavation or quarry operating under the performance standards in article 7 or 8‑A are exempt from this article if the performance standards in article 7 or 8‑A or the rules implementing those articles are at a minimum as restrictive as the standards imposed under this article. For the purposes of this subsection, "accessory uses and facilities" means uses and facilities associated with the processing of material pursuant to article 7 or 8‑A such as screening and the crushing, loading and manufacture of ready-mix concrete and bituminous concrete and associated products and weight scales, scale shacks and maintenance garages. This subsection does not apply to a development constructed during or after reclamation.
25.
Offshore wind power project and certain standards.
An offshore wind power project with an aggregate generation capacity of 3 megawatts or more is exempt from review under the existing use standard in section 484, subsection 3, insofar as the department determines that review is required under criteria specified in Title 12, section 1862, subsection 2, paragraph A, subparagraph (6).
26.
Exemption for existing ski area facilities.
New construction at or a modification of a ski area facility permitted pursuant to this article is exempt from review under this article as provided in this subsection.
27.
Exemption for educational institutions.
New construction at or a modification of a campus of an educational institution permitted pursuant to this article is exempt from review under this article as provided in this subsection. For purposes of this subsection, "educational institution" means any private or public school or postsecondary institution.
28.
Applicability of exemptions.
Unless otherwise specifically provided, nothing in this section exempts any activity from any requirements under this Title, rules adopted pursuant to this Title or the terms or conditions of a license, permit or order issued by the board or the commissioner.
29.
Exemption for new construction at or modification of existing development.
New construction at or modification of an existing licensed development that is permitted pursuant to this article is exempt from review under this article if:
30.
Exemption for construction of new dwelling units at existing development.
New construction of dwelling units at an existing development that has been permitted pursuant to this article is exempt from review under this article if:

Legislative History

PL 1969, c. 571, §2 (NEW). PL 1971, c. 476, §3 (AMD). PL 1971, c. 613, §9 (AMD). PL 1971, c. 622, §139 (AMD). PL 1973, c. 423, §10 (AMD). PL 1977, c. 374, §4 (AMD). PL 1979, c. 714 (AMD). PL 1983, c. 369 (AMD). PL 1983, c. 819, §A64 (AMD). PL 1985, c. 70, §2 (AMD). PL 1987, c. 287, §1 (AMD). PL 1987, c. 812, §§14,18 (AMD). PL 1989, c. 769, §§5,6 (AMD). PL 1991, c. 160, §2 (AMD). PL 1993, c. 383, §26 (AMD). PL 1993, c. 383, §42 (AFF). PL 1993, c. 721, §C2 (AMD). PL 1993, c. 721, §H1 (AFF). RR 1995, c. 2, §§97,98 (COR). PL 1995, c. 90, §1 (AMD). PL 1995, c. 287, §5 (AMD). PL 1995, c. 462, §A75 (AMD). PL 1995, c. 493, §§6,7 (AMD). PL 1995, c. 493, §21 (AFF). PL 1995, c. 625, §§A53,54 (AMD). PL 1995, c. 659, §2 (AMD). PL 1995, c. 700, §§8,9 (AMD). PL 1995, c. 704, §§A15-20 (AMD). PL 1995, c. 704, §§C2,3 (AFF). PL 1997, c. 72, §3 (AMD). PL 1997, c. 393, §A45 (AMD). PL 1997, c. 485, §1 (AMD). PL 1997, c. 502, §§9-11 (AMD). PL 1997, c. 502, §18 (AFF). PL 1997, c. 603, §§3,4 (AMD). PL 1997, c. 748, §4 (AMD). PL 1999, c. 468, §§12,13 (AMD). PL 1999, c. 776, §15 (AMD). PL 2001, c. 232, §§18-20 (AMD). PL 2001, c. 406, §17 (AMD). PL 2001, c. 626, §11 (AMD). PL 2003, c. 226, §1 (AMD). PL 2005, c. 217, §1 (AMD). PL 2005, c. 330, §19 (AMD). PL 2005, c. 563, §17 (AMD). PL 2007, c. 292, §28 (AMD). PL 2007, c. 616, §2 (AMD). PL 2009, c. 615, Pt. E, §§19, 20 (AMD). PL 2011, c. 551, §§1-3 (AMD). PL 2011, c. 653, §§20, 21 (AMD). PL 2011, c. 653, §33 (AFF). PL 2011, c. 655, Pt. FF, §13 (AMD). PL 2011, c. 655, Pt. FF, §16 (AFF). PL 2011, c. 655, Pt. JJ, §32 (AMD). PL 2011, c. 655, Pt. JJ, §41 (AFF). PL 2011, c. 657, Pt. W, §5, 6 (REV). PL 2011, c. 682, §§31, 32 (AMD). PL 2011, c. 682, §40 (AFF). PL 2013, c. 183, §1 (AMD). PL 2013, c. 405, Pt. B, §5 (AMD). PL 2015, c. 28, §1 (AMD). PL 2021, c. 51, §1 (AMD). PL 2021, c. 123, §§1, 2 (AMD). PL 2025, c. 262, §1 (AMD). PL 2025, c. 388, Pt. D, §42 (AMD). PL 2025, c. 412, §6 (AMD).