§ 38 §489-A — Municipal review of development

Maine § 38 §489-A

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

Text

The commissioner may register municipalities for authority to substitute permits issued pursuant to Title 30‑A, chapter 141 or 187, for permits required by section 485‑A under the following conditions.
1.
Kinds of projects.
The following kinds of projects may be reviewed by registered municipalities pursuant to this section:
1-A.
Modification.
An application for a modification to a development reviewed by a municipality pursuant to subsection 1 may be reviewed by the municipality as long as:
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:
2-A.
Current requirements.
Municipalities registered under this section shall ensure that municipal regulations continue to meet the criteria listed in section 489‑A, subsection 2.
3.
Certification.
A municipality certified by the Department of Economic and Community Development under Title 30‑A, chapter 191 may be registered if the commissioner finds the municipality has fulfilled the requirements of subsection 2 and applies to be registered.
3-A.
Record of review and basis for decision.
The municipality shall submit one copy of the record of review and basis of decision for each development or modification of a development approved pursuant to this section within 40 working days of final action by the reviewing authority, unless otherwise approved by the commissioner.
4.
Suspension of registration.
If the commissioner finds that a municipality no longer meets the criteria set forth under subsection 2 or 2‑A, or is not adequately implementing those requirements, the commissioner may suspend the registration and shall notify the municipality accordingly. The notice must contain findings of fact and conclusions of law. If registration is suspended, the commissioner shall recommend actions for the municipality to come into compliance with this section. The commissioner may waive the suspension for new projects that have received at least one substantive municipal review prior to the suspension of registration. If the department determines that a municipality meets the criteria specified in section 488, subsection 19, the department shall suspend the registration for the type of development exempt from review in that municipality pursuant to section 488, subsection 19.
5.
Transition.
Municipalities registered under former section 489 as it existed on October 1, 1975, must be certified under this section for one year from the effective date of this section. Thereafter, the municipality must comply with the requirements under subsection 2.
6.
Central list of pending projects.
The commissioner shall maintain and make available a list of projects pending municipal review under this section.
7.
Technical assistance.
The commissioner and other state review agencies may provide technical assistance to municipalities upon request for projects reviewed under this section.
8.
Application review process.
Upon the determination by the municipal reviewing authority that an application for a permit or permit amendment under this section is complete for processing:
9.
State jurisdiction.
The department shall review projects for registered municipalities if:
10.
Appeal of decision by commissioner to review.
An aggrieved party may appeal the decision by the commissioner to exert or not exert state jurisdiction over the proposed project to the board. Review and actions taken by the department are subject to appeal procedures governing the department under section 341‑D, subsection 4.
10-A.
Appeal of decision by commissioner to grant, withhold or suspend registration.
An appeal of the decision by the commissioner to grant, withhold or suspend registration is as follows.
11.
Joint enforcement.
Any person who violates any permit issued under this section is subject to the provisions of section 349, in addition to any penalties which the municipality may impose. Any permits issued or conditions imposed by a local authority must be enforced by the commissioner and the municipality that issued the permit.

Legislative History

PL 1989, c. 207, §2 (NEW). PL 1989, c. 497, §§13-15 (AMD). PL 1989, c. 890, §§A40,B97- 102 (AMD). PL 1991, c. 761, §§1-4 (AMD). PL 1993, c. 383, §27 (AMD). PL 1993, c. 383, §42 (AFF). PL 1995, c. 493, §8 (AMD). PL 1995, c. 700, §10 (AMD). PL 1995, c. 704, §A21 (AMD). PL 1995, c. 704, §C2 (AFF). PL 1997, c. 393, §A46 (AMD). PL 1997, c. 603, §5 (AMD). PL 1999, c. 243, §§17-19 (AMD). PL 1999, c. 468, §§14,15 (AMD). PL 1999, c. 790, §§A51,52 (AMD). PL 2009, c. 293, §4 (AMD). PL 2011, c. 304, Pt. H, §23 (AMD). PL 2021, c. 51, §2 (AMD). PL 2023, c. 512, §4 (AMD).