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(Created page with "{{RRSection |Name=Site Location of Development Permit |Flowchart=File:1-ME-a - T - Land Use Planning 2017-05-15.pdf |Technology=Bulk Transmission |PermitOverview=In Maine, a d...")
 
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{{RRSection
 
{{RRSection
|Name=Site Location of Development Permit
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|Name=Maine Land Use Planning
 
|Flowchart=File:1-ME-a - T - Land Use Planning 2017-05-15.pdf
 
|Flowchart=File:1-ME-a - T - Land Use Planning 2017-05-15.pdf
 
|Technology=Bulk Transmission
 
|Technology=Bulk Transmission
|PermitOverview=In Maine, a developer may need to obtain a Site Location of Development Permit from the [[Maine Department of Environmental Protection]] (MDEP) prior to constructing a transmission line of 100 kilovolts (kV) or more pursuant to the state’s [[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act|Site Location Development Act]]. [[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act|38 M.R.S. § 488]].
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|PermitOverview=In Maine, land use planning is primarily delegated to local governments and the [[Maine Land Use Commission]], part of the [[Maine Department of Agriculture, Conservation, and Forestry]]. A developer should ensure that the proposed project complies with adopted land use plans and zoning regulations. Municipalities have authority to develop local comprehensive planning and development regulations that comply with the land use planning goals of the State. [[Maine – 30-A ME. REV. STAT. §§ 4301-4457, Planning and Land Use Regulation|30-A M.R.S. § 43122]].
  
The Site Location of Development Act tasks state agencies with controlling the location of development of “state or regional significance that has a substantial affect on the local environment in order to insure that such development has minimal impact on the natural environment and the health, safety, and general welfare of the people.”[[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act|38 M.R.S. § 481]]. MDEP regulates site development pursuant to [[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act|Site Location Development Act]] and [[Maine – 06-096-372 ME. CODE R. et seq., Department of Environmental Protection Policies and Procedures Under the Site Location Law]].
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The [[Maine Land Use Planning Commission]] is the planning and zoning authority for unorganized and de-organized areas of the State, including townships and plantations. These unorganized and de-organized areas of the State have no local government or the local government has chosen not to administer land use controls at the local level. Unorganized and de-organized areas of Maine encompass more than 10.4 million acres and include the largest continuous undeveloped area in the northeast. [[Maine Department of Agriculture, Conservation, and Forestry Land Use Commission Webpage]].
|Description===8-ME-a.1 to 8-ME-a.2 Is the Proposed Transmission Line 100 kV or More?==
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|Description===1-ME-a.1 – Review Land Use Plans and Zoning Regulations==
  
A person may not construct or operate any development of state or regional significance that may substantially affect the environment without first obtaining a Site Location of Development Permit from the [[Maine Department of Environmental Protection]] (MDEP). [[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act|38 M.R.S. § 483-A]]. Electric transmission lines of 100 kV or more are subject to the Site Location of Development Act as a development of state or regional significance that may substantially affect the environment. [[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act|38 M.R.S. § 488]].
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The developer should check the local government website, or contact the municipal clerk, or planning board to identify land use development plans and zoning regulations.
  
==8-ME-a.3 to 8-ME-a.4 – Contact MDEP Regional Office==
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‘’’Municipalities’’’
  
The MDEP and the developer must hold a pre-application meeting regarding the Site Location of Development Permit Application (Application). The purpose of the pre-application meeting is to help the applicant (developer) understand the Application review process, identify particular areas of concern, and exchange information before commitment to a final design. This meeting may lead to a substantial reduction in processing time. For information about arranging a pre-application meeting, the developer should contact the appropriate regional office. [[Maine Department of Environmental Protection – Site Location of Development Permit Application|– Site Location of Development Permit Application, at 1]].  
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Municipalities have authority to develop local comprehensive planning and development regulations that comply with the land use planning goals of the State. [[Maine – 30-A ME. REV. STAT. §§ 4301-4457, Planning and Land Use Regulation|30-A M.R.S. § 43122]].
  
==8-ME-a.5 to 8-ME-a.6 – Publish Notice of Public Informational Meeting==
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Maine land use planning goals, in part:
  
An applicant (developer) intending to file an Application with the MDEP must first hold a public informational meeting. At least ten (10) day before the public informational meeting, the developer must provide notice of the meeting sent by certified mail to all persons whose lands abut the proposed site location of the project. At least seven (7) days before the informational meeting, the developer must publish notice in a newspaper of general circulation in the area where the developer proposed to locate the project. The notice must include, at minimum:
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*Encourage orderly growth and development…while protecting the State’s rural character, making efficient use of public services, and preventing development sprawl;
 +
*Protect the quality and mange the quantity of State’s water resources, including lakes, aquifers, great ponds, estuaries, rivers and coastal areas;
 +
*Protect the State’s other critical natural resources, including without limitation, wetlands, wildlife and fisheries habitat, sand dunes, shorelands, scenic vistas, and unique natural areas;
 +
*Protect the State’s marine resources industry, ports, and harbors from incompatible development and to promote access to the shore for commercial fishermen and the public;
 +
*Safeguard the State’s agricultural and forest resources from development, which threatens those resources;
 +
*Preserve the State’s historic and archeological resources; and
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*Promote and protect the availability of outdoor recreation opportunities for all Maine citizens, including access to surface waters.
  
*The name, address, and telephone number of the applicant (developer);
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[[Maine – 30-A ME. REV. STAT. §§ 4301-4457, Planning and Land Use Regulation|30-A M.R.S. § 4312(2)]].
*Citation of the statues or rules under with the MDEP will process the Application;
 
*The location and summary description of the activity proposed; and
 
*The date, time, and place of the public informational meeting.
 
  
[[Maine Department of Environmental Protection – Site Location of Development Permit Application|– Site Location of Development Permit Application, at 1]].
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‘’’Unorganized or De-organized Areas’’’
  
==8-ME-a.7 – Hold Pre-Submission Meeting (If Applicable)==
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If the proposed project is within an unorganized or de-organized area, the developer should contact the [[Maine Land Use Planning Commission]]. The [[Maine Land Use Planning Commission]] is the planning and zoning authority for unorganized and de-organized areas of the State, including townships and plantations. These unorganized and de-organized areas of the State have no local government or the local government has chosen not to administer land use controls at the local level. [[Maine Department of Agriculture, Conservation, and Forestry Land Use Commission Webpage]].
 
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|Agency=[[Maine Land Use Commission]]; [[Maine Department of Agriculture, Conservation, and Forestry]]
The developer and MDEP must hold a pre-submission meeting before the developer may submit an Application to MDEP. The pre-submission meeting allows MDEP and the developer to follow up on issues raised at the pre-application meeting. A pre-submission meeting is required for all projects for which MDEP held a pre-application meeting unless the MDEP waives the pre-submission meeting. [[Maine Department of Environmental Protection – Site Location of Development Permit Application|– Site Location of Development Permit Application, at 2]].
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|References=[[Maine Department of Agriculture, Conservation, and Forestry Land Use Commission Webpage]]
 
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|Regulations=[[Maine – 30-A ME. REV. STAT. §§ 4301-4457, Planning and Land Use Regulation]]
==8-ME-a.8 – Publish Notice of the Application==
 
 
 
The developer must provide notice of the Application on the form (Public Notice: Notice of Intent to File Form B) provided by MDEP. The developer must publish notice of Application once in a newspaper circulated in the area where the developer proposes to locate the development. The notice must appear in the newspaper within thirty (30) days before filing the Application. [[Maine Department of Environmental Protection – Site Location of Development Permit Application|– Site Location of Development Permit Application, at 2]].
 
 
 
The developer must also provide notice to the owners of abutting property thirty (30) days before filling the Application. An abutting property owner means any person who owns property that is both adjoining and within 1 mile of the delineated project boundary, including owners of property directly across a public or private right-of way. [[Maine Department of Environmental Protection – Site Location of Development Permit Application|– Site Location of Development Permit Application, at 2]].
 
 
 
The developer must also provide a copy of the public notice together with a duplicate of the entire Application to the appropriate town clerk, city clerk, or if the development is in an unorganized are, to the appropriate plantation clerk or county clerk thirty (30) days before submitting the Application to MDEP. [[Maine Department of Environmental Protection – Site Location of Development Permit Application|– Site Location of Development Permit Application, at 2]].
 
 
 
==8-ME-a.9 – Site Location of Development Permit Application==
 
 
 
The developer must submit a complete [[Maine Department of Environmental Protection – Site Location of Development Permit Application|Site Location of Development Permit Application]] (Application) to MDEP. The Application must include, at minimum, the following:
 
 
 
*The applicant’s (developer) name, contact information, and address;
 
*A description of the proposed project;
 
*A copy of the title, right, or interest to occupy the proposed lands for project development;
 
*A description of the financial capacity of the proposed project and estimated costs;
 
*A description of the visual and scenic impacts that the proposed project may have on state resources;
 
*A soil survey map and report;
 
* A description of the wildlife and fisheries impacts that the proposed project may have on state resources;
 
* A description of the historic site impacts that the proposed project may have on state resources;
 
*A description of the site plan and development plan;
 
*A description of the proposed storm water management planning; and
 
*A copy of the public notice filings and certification form.
 
 
 
[[Maine Department of Environmental Protection – Site Location of Development Permit Application]].
 
 
 
==8-ME-a.10 to 8-ME-a.11 – Review Application Materials for Completeness==
 
 
 
MDEP reviews the Application materials for administrative and technical completeness. If MDEP determines that the Application is incomplete, MDEP may return the Application to the applicant (developer) indicating what information is missing. MDEP may request additional information from the applicant (developer) on any aspect of the proposed development relating to the compliance standards outlined in [[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act|38 M.R.S. § 484]]. [[Maine – 06-096-372 ME. CODE R. et seq., Department of Environmental Protection – Policies and Procedures Under the Site Location Law]].  
 
 
 
==8-ME-a.12 – Comment on the Application==
 
 
 
MDEP accepts written public comments regarding the Application throughout the processing of the Application. Any interested party may submit comments about the Application to the regional office in Portland, Augusta, or Bangor, Maine. [[Maine Department of Environmental Protection – Site Location of Development Permit Application]].
 
 
 
==8-ME-a.13 to 8-ME-a.16 – Is a Public Hearing Requested?==
 
 
 
Any interested person may request a public hearing on the Application no later than 20 days after MDEP receives a complete Application. MDEP has the discretion to hold or not hold a public hearing. The MDEP will publish notice and hold the public hearing as MDEP sees fit. . [[Maine Department of Environmental Protection – Site Location of Development Permit Application]].
 
 
 
==8-ME-a.17 to 8-ME-a.19 – Assess the Application for Approval==
 
 
 
In accessing an Application for approval, MDEP must consider the size, location, and nature of the proposed development in relation to:
 
 
 
* The potential primary, secondary, and cumulative impacts of the development on the character, quality, and uses of the land, air, and water on the development site and on the area likely to be affected by the proposed development; and
 
*The potential effects on the protection and preservation of the public's health, safety, and general welfare.
 
 
 
[[Maine – 06-096-372 ME. CODE R. et seq., Department of Environmental Protection – Policies and Procedures Under the Site Location Law]].
 
 
 
MDEP may approve a Application whenever:
 
 
 
*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 [[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act]];
 
*The developer has made adequate provisions 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;
 
*The proposed development will be built on soil types that are suitable to the nature of the undertaking;
 
*The proposed development meets the standards for storm water management;
 
*The proposed development will not impose an unreasonable risk that a discharge to a significant ground water aquifer will occur;
 
*The developer has made adequate provisions of utilities, required for the development, and the development will not have an unreasonable adverse effect on the existing or proposed utilities in the municipality or are served by those services; and  
 
*The activity will not unreasonably cause or increase the flooding of the alternation of area or adjacent properties nor create an unreasonable flood hazard to any structure. 
 
 
 
[[Maine 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act|38 M.R.S. § 484]].
 
 
 
MDEP will provide notice of the Application decision. [[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act|38 M.R.S. § 485-A(2)]].
 
 
 
==8-ME-a.20 – Site Location of Development Permit==
 
 
 
MDEP may place terms and conditions on the approval of the proposed development. [[Maine – 06-096-372 ME. CODE R. et seq., Department of Environmental Protection – Policies and Procedures Under the Site Location Law]].
 
 
 
==8-ME-a.21 to 8-ME-a.24 – Request Review Hearing (If Applicable)==
 
 
 
If MDEP has issued a decision on the Application without a hearing regarding the development, the developer may request, in writing, a review hearing before the Maine Board of Environmental Protection (Board) within thirty (30) days after notice of MDEP’s decision on the Application. The request for a hearing must include the findings and conclusions of MDEP to which the person objects, the basis of the objections and the nature of the relief requested. Upon receipt of the request, the Board must schedule and hold a hearing limited to the matters set forth in the request. The Board must conduct the hearing in accordance with [[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act|38 M.R.S. § 486-A]]. [[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act|38 M.R.S. § 485-A(2)]].
 
 
 
==8-ME-a.25 – Appeal Decision (If Applicable)==
 
 
 
Any person who is aggrieved by a final MDEP decision may file a Petition to Appeal with the Superior Court in accordance with. [[Maine - 5 ME. REV. STAT. §§ 8001-11008, Administrative Procedure Act|5 M.R.S. §§ 11001-11008]].
 
|Agency=[[Maine Department of Environmental Protection]]
 
|References=[[Maine Department of Environmental Protection Site Location of Development Permit Application]]
 
|Regulations=[[Maine – 38 ME. REV. STAT. §§ 481-490 Site Location of Development Act]]; [[Maine - 5 ME. REV. STAT. §§ 8001-11008, Administrative Procedure Act]]; [[Maine – 06-096-372 ME. CODE R. et seq., Department of Environmental Protection – Policies and Procedures Under the Site Location Law]]
 
 
}}
 
}}

Revision as of 10:29, 2 June 2017

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Maine Maine Land Use Planning (1-ME-a)

In Maine, land use planning is primarily delegated to local governments and the Maine Land Use Commission, part of the Maine Department of Agriculture, Conservation, and Forestry. A developer should ensure that the proposed project complies with adopted land use plans and zoning regulations. Municipalities have authority to develop local comprehensive planning and development regulations that comply with the land use planning goals of the State. 30-A M.R.S. § 43122. The Maine Land Use Planning Commission is the planning and zoning authority for unorganized and de-organized areas of the State, including townships and plantations. These unorganized and de-organized areas of the State have no local government or the local government has chosen not to administer land use controls at the local level. Unorganized and de-organized areas of Maine encompass more than 10.4 million acres and include the largest continuous undeveloped area in the northeast. Maine Department of Agriculture, Conservation, and Forestry – Land Use Commission Webpage.



Maine Land Use Planning Process


1-ME-a.1 – Review Land Use Plans and Zoning Regulations

The developer should check the local government website, or contact the municipal clerk, or planning board to identify land use development plans and zoning regulations.

‘’’Municipalities’’’

Municipalities have authority to develop local comprehensive planning and development regulations that comply with the land use planning goals of the State. 30-A M.R.S. § 43122.

Maine land use planning goals, in part:

  • Encourage orderly growth and development…while protecting the State’s rural character, making efficient use of public services, and preventing development sprawl;
  • Protect the quality and mange the quantity of State’s water resources, including lakes, aquifers, great ponds, estuaries, rivers and coastal areas;
  • Protect the State’s other critical natural resources, including without limitation, wetlands, wildlife and fisheries habitat, sand dunes, shorelands, scenic vistas, and unique natural areas;
  • Protect the State’s marine resources industry, ports, and harbors from incompatible development and to promote access to the shore for commercial fishermen and the public;
  • Safeguard the State’s agricultural and forest resources from development, which threatens those resources;
  • Preserve the State’s historic and archeological resources; and
  • Promote and protect the availability of outdoor recreation opportunities for all Maine citizens, including access to surface waters.

30-A M.R.S. § 4312(2).

‘’’Unorganized or De-organized Areas’’’

If the proposed project is within an unorganized or de-organized area, the developer should contact the Maine Land Use Planning Commission. The Maine Land Use Planning Commission is the planning and zoning authority for unorganized and de-organized areas of the State, including townships and plantations. These unorganized and de-organized areas of the State have no local government or the local government has chosen not to administer land use controls at the local level. Maine Department of Agriculture, Conservation, and Forestry – Land Use Commission Webpage.


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