APPROVED CHAPTER
MAY 5, 2021 51
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 35 - L.D. 69
An Act To Reduce Duplicative Permitting Review for Projects under the Site
Location of Development Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §488, sub-§19, as amended by PL 2015, c. 28, §1, is further
amended to read:
19. Municipal capacity. A structure, as defined in section 482, subsection 6, that is
from 3 acres up to and including 7 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:
A. A municipal planning board or reviewing authority is established and the
municipality has adequate resources to administer and enforce the provisions of its
ordinances. In determining whether this criterion is met, the commissioner may
consider any specific and adequate technical assistance that is provided by a regional
council;
B. The municipality has adopted a site plan review ordinance. In determining the
adequacy of the ordinance, the commissioner may consider model site plan review
ordinances commonly used by municipalities in this State that address the issues
reviewed under applicable provisions of this article prior to July 1, 1997;
Page 1 - 130LR0136(03)
 C. The municipality has adopted subdivision regulations. In determining the adequacy
of these regulations, the commissioner may consider model subdivision regulations
commonly used by municipalities in this State; and
D. The former State Planning Office or the Department of Agriculture, Conservation
and Forestry has determined that the municipality has a comprehensive land use plan
and land use ordinances or zoning ordinances that are consistent with Title 30‑A,
chapter 187 in providing for the protection of wildlife habitat, fisheries, unusual natural
areas and archaeological and historic sites.
The department, in consultation with the Department of Agriculture, Conservation and
Forestry, shall publish a list of those municipalities determined to have capacity pursuant
to this subsection. This list need not be established by rule and must be published by
January 1st of each year. The list must specify whether a municipality has capacity to
review structures or subdivisions of lots for single-family, detached, residential housing,
common areas or open space or both types of development. The department may recognize
joint arrangements among municipalities and regional organizations in determining
whether the requirements of this subsection are met. The department may review
municipalities that are determined to have capacity pursuant to this subsection for
compliance with the criteria in paragraphs A to D, and if the department determines that a
municipality does not meet the criteria, the department may modify or remove the
determination of capacity.
A modification to a development that was reviewed by a municipality and exempted
pursuant to this subsection or was reviewed by the department prior to a determination that
a municipality has capacity pursuant to this subsection is exempt as long as the modification
will not cause the total area of the development to exceed the maximum acreage specified
in this subsection for that type of development or, based upon information submitted by the
municipality concerning the development and modification, the department determines that
the modification may be adequately reviewed by the municipality.
Sec. 2. 38 MRSA §489-A, sub-§1, ¶H, as enacted by PL 1999, c. 243, §17, is
amended to read:
H. Structures as described in section 482, subsection 6 in excess of 3 acres but less
than 7 10 acres.
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Statutes affected:
Bill Text LD 69, HP 35: 38.488, 38.489
Bill Text ACTPUB , Chapter 51: 38.488, 38.489