Maine Revised Statutes Title 38 Sec. 480-E-1 – Delegation of permit-granting authority to Maine Land Use Planning Commission
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Except as provided in section 480?E?3, the Maine Land Use Planning Commission shall issue all permits under this article for activities that are located wholly within its jurisdiction and are not subject to review and approval by the department under any other article of this chapter, except as provided in subsection 3. [PL 2011, c. 599, §12 (AMD); PL 2011, c. 682, §38 (REV).]
1. Activity located in organized and unorganized area. If an activity is located in part within an organized area and in part within an area subject to the jurisdiction of the Maine Land Use Planning Commission, that portion of the activity within the organized area is subject to department review under this article if that portion is an activity pursuant to this article. That portion of the activity within the jurisdiction of the Maine Land Use Planning Commission is not subject to the requirements of this article except as provided in subsection 2.
[PL 2005, c. 330, §14 (NEW); PL 2011, c. 682, §38 (REV).]
Terms Used In Maine Revised Statutes Title 38 Sec. 480-E-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Offshore wind power project: includes both generating facilities as defined by Title 35?A, section 3451, subsection 5 and associated facilities as defined by Title 35?A, section 3451, subsection 1, without regard to whether the electrical energy is for sale or use by a person other than the generator. See Maine Revised Statutes Title 38 Sec. 480-B
2. Allowed use. If an activity is located as described in subsection 1, the department may review that portion of the activity within the jurisdiction of the Maine Land Use Planning Commission if the commission determines that the project is an allowed use within the subdistrict or subdistricts for which it is proposed pursuant to Title 12, section 685?B. A permit from the Maine Land Use Planning Commission is not required for those aspects of an activity approved by the department under this subsection.
[PL 2005, c. 330, §14 (NEW); PL 2011, c. 682, §38 (REV).]
3. Offshore wind power project. The department shall issue all permits under this article for offshore wind power projects except for community-based offshore wind energy projects as defined in Title 12, section 682, subsection 19.
[PL 2009, c. 615, Pt. E, §12 (NEW).]
4. Projects reviewed under site location of development laws. The department issues all permits required under this article for projects wholly or in part in the jurisdiction of the Maine Land Use Planning Commission that are subject to review and permitting under article 6.
[PL 2011, c. 682, §30 (NEW); PL 2011, c. 682, §40 (AFF).]
Review by the department of subsequent modifications to a development approved by the department is required, except that the Maine Land Use Planning Commission shall issue modifications to permits issued by the department pursuant to this article prior to September 18, 1999. The Maine Land Use Planning Commission shall process these permits and modifications in accordance with the provisions of Title 12, sections 681 to 689 and rules and standards adopted under those sections. [PL 2005, c. 330, §14 (NEW); PL 2011, c. 682, §38 (REV).]
The Maine Land Use Planning Commission, in consultation with the department, shall annually review land use standards adopted by the commission to ensure that the standards afford a level of protection consistent with the goals of this article, the goals of Title 12, chapter 206?A and the commission’s comprehensive land use plan. [PL 2005, c. 330, §14 (RPR); PL 2011, c. 682, §38 (REV).]
SECTION HISTORY
PL 1999, c. 333, §20 (NEW). PL 2001, c. 232, §15 (AMD). PL 2005, c. 330, §14 (RPR). PL 2009, c. 615, Pt. E, §§11, 12 (AMD). PL 2011, c. 599, §12 (AMD). PL 2011, c. 682, §30 (AMD). PL 2011, c. 682, §38 (REV). PL 2011, c. 682, §40 (AFF).