LD 1654
pg. 15
Page 14 of 17 An Act to Improve the Efficiency of Environmental Regulation in the Unorganized... Page 16 of 17
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LR 807
Item 1

 
ii. 2-G.__Within another jurisdiction.__A facility 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 facility 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.

 
Sec. 36. 38 MRSA §1310-S, sub-§5, as enacted by PL 1987, c. 557, §3,
is amended to read:

 
5. Unincorporated townships and plantations. For the
purposes of this section, county commissioners shall act as
municipal officers for unincorporated townships, and assessors of
plantations shall act as municipal officers for plantations. A
copy of the application must be provided to the Maine Land Use
Regulation Commission for projects within its jurisdiction.__
Review comments of the Maine Land Use Regulation Commission must
be considered by the commissioner in acting upon a project
application.

 
Sec. 37. PL 1993, c. 383, §42, sub-§3 is amended to read:

 
3. A permit issued by the department Department of
Environmental Protection for a development within unorganized
territory, other than a permit for metallic mineral mining or
advanced exploration activity, may be modified by the Maine Land
Use Regulation Commission. Modification of a permit for a
metallic mineral mining or advanced exploration activity requires
approval by the department and the Maine Land Use Regulation
Commission structure that is from 3 acres up to and including 7
acres or a subdivision located on a parcel entirely within an
area subject to the jurisdiction of the Maine Land Use Regulation
Commission, and any conditions of that permit, continues in
effect and may be enforced by the department until the permit
expires or is modified by the Maine Land Use Regulation
Commission. Any modifications are only allowed when the total
area of all modifications does not cause the structure to exceed
7 acres in total.__The Maine Land Use Regulation Commission may
enforce a permit it has modified.

 
A permit issued by the Maine Land Use Regulation Commission for a
structure in excess of 7 acres, a development that occupies a
land or water area in excess of 20 acres or a development that
generates 100 or more passenger car equivalents at peak hour
continues in effect and may be enforced by the Maine Land Use


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