A Guide to the Maine Site Location of Development Act Requirements, Process, and Compliance

The Maine Site Location of Development Act is a crucial piece of environmental legislation that shapes the landscape of large-scale development projects throughout the state. This guide offers a comprehensive overview of the Act, enabling readers to navigate its complex provisions, understand its applicability and scope, and effectively manage compliance obligations. By delving into the Act's regulatory standards, monitoring and reporting requirements, and enforcement mechanisms, this guide provides the essential knowledge needed to successfully navigate the permitting process and avoid costly penalties. With a focus on recent developments and the current regulatory outlook, this resource equips readers with the tools to stay ahead of the curve in an ever-evolving regulatory landscape. Through a combination of clear explanations, practical examples, and valuable additional resources, this guide serves as an indispensable reference for anyone seeking to master the intricacies of the Maine Site Location of Development Act.

GENERAL INFORMATION

Key Details of the Maine Site Location of Development Act

Issuing Agency: Maine Department of Environmental Protection (DEP)

Year Established: 1970

Last Amended: 2011

Statutory Authority: Maine Revised Statutes, Title 38, Chapter 3, Subchapter 1, Article 6

Primary Legal Reference: Maine Revised Statutes, Title 38, Sections 481-490

Overview of the Maine Site Location of Development Act

The Maine Site Location of Development Act (SLDA) is a state-level environmental regulation that operates within the broader framework of Maine's environmental laws and policies. It was enacted in 1970 to address the growing concern over the potential environmental impacts of large-scale development projects in the state. The SLDA is administered and enforced by the Maine Department of Environmental Protection (DEP).

The primary goal of the SLDA is to ensure that large-scale development projects in Maine are located, designed, and constructed in a manner that minimizes adverse environmental impacts and protects the state's natural resources. The Act requires developers of certain types of projects to obtain a permit from the DEP before beginning construction.

Over the years, the SLDA has undergone several amendments to refine its scope and requirements. The most recent significant amendment occurred in 20111, which streamlined the permitting process for certain types of projects while maintaining the Act's core environmental protection goals.

The SLDA achieves its objectives by requiring developers to demonstrate that their projects meet specific environmental standards related to issues such as water quality, air quality, wildlife habitat, and scenic resources. The Act also requires developers to consider alternative sites and designs that may have fewer environmental impacts.

The SLDA applies to development projects located throughout the state of Maine, with some exceptions for projects located in unorganized territories or certain types of industrial parks.

What does the Maine Site Location of Development Act protect?

The Maine Site Location of Development Act protects a wide range of environmental resources in the state from the potential adverse impacts of large-scale development projects. These resources include:

  1. Water quality: The SLDA requires developers to demonstrate that their projects will not cause undue water pollution or adversely affect the quality of groundwater, surface road or wetlands.

  2. Air quality: The Act requires developers to show that their projects will not violate state air quality standards or significantly deteriorate existing air quality.

  3. Wildlife habitat: Developers must demonstrate that their projects will not have an undue adverse effect on wildlife, including rare or endangered species and their habitats.

  4. Scenic resources: The SLDA requires developers to consider the potential impacts of their projects on scenic resources, such as views from public lands or great ponds.

  5. Natural character: The Act aims to protect the natural character of the area surrounding the development site, including factors such as topography, vegetation, and soils.

The SLDA achieves this protection by requiring developers to obtain a permit from the DEP and demonstrate that their projects meet specific environmental standards. The permit application process involves a thorough review of the project's potential environmental impacts and may require developers to modify their plans to minimize those impacts.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Maine Site Location of Development Act, administered by the Maine Department of Environmental Protection (DEP), regulates large-scale development projects that have the potential to significantly impact the environment, public health, and local communities. This Act applies to a wide range of industries and activities, including but not limited to:

  • Commercial and industrial facilities
  • Residential subdivisions
  • Ski area expansions
  • Crude oil and petroleum storage facilities
  • Metallic mineral mining operations
  • Large-scale wind energy developments

Under the Maine Site Location of Development Act, certain activities and developments are prohibited due to their potentially severe environmental consequences. These prohibited activities include:

  1. Development in environmentally sensitive areas: Projects that would significantly alter or harm fragile, high-value natural resources, such as wetlands, sand dunes, and significant wildlife habitats, are prohibited.1

  2. Projects causing unreasonable adverse effects: Developments that would cause unreasonable adverse effects on the natural environment, existing uses, scenic character, or public infrastructure are not permitted.2

  3. Inadequate wastewater treatment: Projects without adequate provision for wastewater collection and treatment, potentially leading to water pollution, are prohibited.3

  4. Insufficient stormwater management: Developments lacking proper stormwater management systems to prevent flooding, erosion, and water quality degradation are not allowed.4

These prohibitions are essential for protecting Maine's natural resources, public health, and the well-being of local communities from the potential negative impacts of large-scale development projects.

Structure and Key Provisions

The Maine Site Location of Development Act is structured into several key sections that outline the regulation's applicability, requirements, and enforcement mechanisms. Some of the most important sections include:

§ 482. Definitions

This section defines key terms used throughout the Act, such as "development," "subdivision," and "structure." Understanding these definitions is crucial for determining whether a project falls under the jurisdiction of the Act.5

§ 483-A. Prohibition

This section prohibits the construction or operation of any development that requires a permit under the Act without first obtaining approval from the DEP.6

§ 484. Standards for development

This section establishes the criteria that the DEP must consider when reviewing permit applications, including the project's impact on the environment, public health, and local infrastructure. It also outlines the specific standards that developments must meet to be approved.7

§ 485-A. Notification required; board action; administrative appeals

This section details the notification and public hearing requirements for permit applications, as well as the process for administrative appeals of DEP decisions.8

§ 486. Enforcement

This section outlines the enforcement mechanisms available to the DEP, including the authority to issue stop-work orders, require the submission of corrective action plans, and impose penalties for violations of the Act.9

While this overview provides a general understanding of the Maine Site Location of Development Act's structure and key provisions, it is essential for project proponents to consult the full text of the regulation and engage with the DEP for project-specific guidance to ensure compliance with all applicable requirements.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Maine Site Location of Development Act establishes various standards and limitations to protect the state's natural resources and ensure sustainable development. These include, but are not limited to, standards for air and water quality, noise levels, stormwater management, and wildlife habitat protection.10 The Maine Department of Environmental Protection (DEP) is responsible for implementing and enforcing these standards through the permitting process and ongoing oversight of regulated projects.11 Developers and consultants must work closely with the DEP to understand and comply with the specific standards and limitations applicable to their projects.

Monitoring, Reporting & Recordkeeping Obligations

Under the Maine Site Location of Development Act, regulated entities are subject to various monitoring, reporting, and recordkeeping requirements to demonstrate compliance with the applicable standards and permit conditions.12 These obligations may include:

  • Monitoring air and water quality
  • Tracking waste generation and disposal
  • Maintaining records of environmental management activities
  • Submitting periodic compliance reports to the DEP

The specific monitoring, reporting, and recordkeeping requirements can vary depending on the nature and scale of the project, as well as the applicable permit conditions.13 Developers and consultants should work closely with the DEP to understand and fulfill these obligations for their specific projects.

Enforcement Actions & Penalties

The Maine DEP is authorized to take various enforcement actions against entities that violate the provisions of the Site Location of Development Act or the terms of their permits. These actions may include:14

  • Issuing notices of violation
  • Seeking administrative consent agreements
  • Imposing civil or criminal penalties
  • Revoking or suspending permits
  • Seeking injunctive relief through the courts

The severity of the enforcement action and the amount of any penalties will depend on factors such as the nature and extent of the violation, the potential for environmental harm, and the violator's compliance history. To avoid enforcement actions and penalties, developers and consultants should prioritize proactive compliance and early engagement with the DEP to address any issues or concerns. It is essential to consult the full text of the regulation and work closely with the DEP to understand the specific enforcement provisions and penalty structures that may apply to a given project.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Maine Site Location of Development Act has undergone several significant changes in recent years that have shaped the current regulatory landscape. One of the most notable developments was the passage of LD 1830 in 2018, which amended the Act to streamline the permitting process for certain types of development projects [^300]. This amendment established a new "minor revision" process for projects that meet specific criteria, allowing for a more expedited review and approval of qualifying projects [^301].

Another important development was the Maine Department of Environmental Protection's (DEP) adoption of updated rules for the Act in 2019 [^302]. These rules clarified several key provisions of the Act, including the definition of "significant groundwater well" and the requirements for demonstrating financial capacity [^303]. The updated rules also introduced new standards for evaluating the impact of development projects on wildlife habitat and natural resources [^304].

Looking ahead, there are several proposed changes to the Maine Site Location of Development Act that could further impact the regulatory landscape. One notable proposal is LD 1028, which seeks to increase the threshold for requiring a permit under the AAct from 20 acres to 40 acres [^305]. If passed, this amendment could significantly reduce the number of projects subject to the Act's requirements [^306].

Additional Resources

[^300]: LD 1830, An Act To Amend the Laws Governing the Issuance of Permits under the Site Location of Development Laws, 128th Maine Legislature (2018). [^301]: Id. at §2. [^302]: 06-096 C.M.R. ch. 372 (2019). [^303]: Id. at §2(R), §4(F). [^304]: Id. at §10(B). [^305]: LD 1028, An Act To Amend the Site Location of Development Laws, 130th Maine Legislature (2021). [^306]: Testimony of Nick Bennett on LD 1028, Maine Legislature's Committee on Environment and Natural Resources (April 7, 2021). [^307]: Maine Department of Environmental Protection, https://www.maine.gov/dep/. [^308]: Maine DEP, GovDelivery Subscription Management, https://public.govdelivery.com/accounts/MEDEP/subscriber/new. [^309]: Maine Real Estate & Development Association, https://mereda.org/.

REFERENCES

  1. 38 M.R.S. § 480-D(3)

  2. 38 M.R.S. § 484(3)

  3. 38 M.R.S. § 484(2)

  4. 38 M.R.S. § 484(4-A)

  5. 38 M.R.S. § 482

  6. 38 M.R.S. § 483-A

  7. 38 M.R.S. § 484

  8. 38 M.R.S. § 485-A

  9. 38 M.R.S. § 486

  10. Maine Revised Statutes, Title 38, Chapter 3, Subchapter 1, Article 6, §484. Standards for development https://legislature.maine.gov/statutes/38/title38sec484.html

  11. Maine Department of Environmental Protection. (n.d.). Site Location of Development Act https://www.maine.gov/dep/land/sitelaw/index.html

  12. Maine Revised Statutes, Title 38, Chapter 3, Subchapter 1, Article 6, §489-A. Municipal review of development https://legislature.maine.gov/statutes/38/title38sec489-A.html

  13. Maine Department of Environmental Protection. (2018). Site Location of Development Act: Chapter 372 https://www.maine.gov/sos/cec/rules/06/chaps06.htm

  14. Maine Revised Statutes, Title 38, Chapter 2, §347-A. Violations https://legislature.maine.gov/statutes/38/title38sec347-A.html

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A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the Maine Site Location of Development Act. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.