LD 1160
pg. 4
Page 3 of 8 An Act to Amend Certain Laws Administered by the Department of Environmental Pr... Page 5 of 8
Download Bill Text
LR 939
Item 1

 
considering cost, existing technology and logistics based on
the overall purpose of the project.

 
Sec. 11. 38 MRSA §480-Y, sub-§5, as enacted by PL 1995, c. 659, §1, is
amended to read:

 
5. Review period. Work may not commence until 30 days after
the department has accepted an application for processing. This
period may be extended pursuant to section 344-B.

 
Sec. 12. 38 MRSA §489-A, sub-§1, as amended by PL 1997, c. 393, Pt. A,
§46, is repealed.

 
Sec. 13. 38 MRSA §489-A, sub-§1-A, as enacted by PL 1993, c. 383, §27
and affected by §42, is amended to read:

 
1-A. Modification. An application for a modification to a
development reviewed by a municipality pursuant to subsection 1
1-B may be reviewed by the municipality as long as:

 
A. The modification will not cause the total area of the
development to exceed an upper area threshold specified in
subsection 1 1-B; or

 
B. 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.

 
In addition, a municipality may modify a permit for a subdivision
or structure issued by the department prior to registration of
the municipality pursuant to section 489-A this section if the
total area of the upper area modification and any prior
modifications reviewed pursuant to this section does not exceed
the upper area threshold provided in subsection 1 1-B except as
allowed in paragraph B.

 
Sec. 14. 38 MRSA §489-A, sub-§1-B is enacted to read:

 
1-B.__Kinds of projects.__The following kinds of projects may
be reviewed by registered municipalities pursuant to this
section:

 
A.__Subdivisions as described in section 482, subsection 5
of more than 20 acres but fewer than 100 acres;

 
B.__Structures as described in section 482, subsection 6 in
excess of 3 acres but fewer than 7 acres; or


Page 3 of 8 Top of Page Page 5 of 8