Maine Revised Statutes Title 38 Sec. 489-A-1 – Department review of development within the unorganized and deorganized areas
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1. Review. Except as provided in section 488, subsection 9?A, paragraphs A, B and C, the department shall review development within the unorganized and deorganized areas as defined in Title 12, section 682, subsection 1.
[PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).]
Terms Used In Maine Revised Statutes Title 38 Sec. 489-A-1
- development: means any federal, state, municipal, quasi-municipal, educational, charitable, residential, commercial or industrial development that:
2. Criteria for approval. The department shall approve a development proposal under this section if:
A. The proposed development is an allowed use within the subdistrict or subdistricts in which it is to be located. Subdistricts and allowed uses are established in rule by the Maine Land Use Planning Commission in accordance with Title 12, section 685?A; [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).]
B. The standards established under section 484 are met; [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).]
C. The standards established in rules adopted under section 489?E to implement this section are met; and [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).]
D. The Maine Land Use Planning Commission has certified that the proposed development meets any land use standard established by the commission and applicable to the project that is not considered in the department’s review under subsection 1. [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).]
For a development or part of a development within the unorganized or deorganized areas as defined in Title 12, section 682, subsection 1, the department may request and obtain technical assistance and recommendations from the Maine Land Use Planning Commission. The commission shall respond to the requests within 90 days. The department shall consider the recommendations of the commission in acting upon a development application.
[PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).]
Violation and enforcement provisions in chapter 2, subchapter 1 apply to development reviewed by the department under this section. [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).]
SECTION HISTORY
PL 2011, c. 682, §33 (NEW). PL 2011, c. 682, §40 (AFF).