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Regulation Commission, other than a metallic mineral mining or | advanced exploration activity or an oil terminal facility, | | regulated pursuant to Title 12, sections 685 to 689, is exempt from | the requirements of this article. For those developments within | the commission's jurisdiction | | Regulation Commission may request and obtain technical assistance | | and recommendations from the department. The commissioner shall | | respond to the requests in a timely manner. The recommendations of | | the department must be considered by the Maine Land Use Regulation | | Commission in acting upon a development application. |
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| | | A development located within an area subject to the jurisdiction | | of the Maine Land Use Regulation Commission that is not exempt | | from the requirements of this article may not be approved by the | | department pursuant to this article unless the commission | | certifies that the development is in an appropriate subdistrict | | or that the commission has approved a rezoning application for | | the project contingent upon development approval by the | | department.__The certification or rezoning approval is considered | | a required comment pursuant to section 344-B, subsection 3, | | paragraph B, subparagraph (2) for purposes of processing periods. |
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| | | Sec. 24. 38 MRSA §490-B, sub-§2, as repealed and replaced by PL 1995, | | c. 700, §22, is repealed. |
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| | | Sec. 25. 38 MRSA §490-D, sub-§15 is enacted to read: |
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| | | 15. Excavations for borrow, clay, topsoil or silt within | | jurisdiction of Maine Land Use Regulation Commission.__Within the | | jurisdiction of the Maine Land Use Regulation Commission, | | excavations for borrow, clay, topsoil or silt, whether alone or | | in combination, may not be established or expanded above 5 acres | | in size unless the commission certifies that the development is | | in an appropriate subdistrict or that the commission has approved | | a rezoning application for the project contingent upon | | development approval by the department.__The certification or | | rezoning approval is considered a required comment pursuant to | | section 344-B, subsection 3, paragraph B, subparagraph (2) for | | purposes of processing periods. |
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| | | Sec. 26. 38 MRSA §490-X, 2nd ¶, as enacted by PL 1995, c. 700, §35, is | | repealed. |
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| | | Sec. 27. 38 MRSA §490-Z, sub-§15 is enacted to read: |
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| | | 15.__Quarries within jurisdiction of Maine Land Use Regulation | | Commission. Quarries within the jurisdiction of the Maine Land | | Use Regulation Commission may not be established or expanded | | above one acre in size unless the commission certifies |
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