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

Maine's Site Location of Development (SLODA) permit plays a vital role in the state's environmental regulations. This guide breaks down everything you need to know about SLODA permits - from initial application to final approval and ongoing compliance. We focus on practical aspects of the permit process that matter most for large-scale development projects, including public input requirements and working effectively with stakeholders. You'll learn specific steps for preparing applications, what to expect during review, and how to maintain compliance after approval. For easier site selection and permit preparation, we also cover modern tools like Transect that can simplify these tasks. Our goal is to give developers and environmental consultants clear, actionable information to successfully manage SLODA permits while protecting Maine's natural resources.

GENERAL INFORMATION

SLODA Permit Key Details

Issuing Agency: Maine Department of Environmental Protection (DEP)

Year Established: 19701

Legal References:

  • Maine Revised Statutes, Title 38, Chapter 3, Subchapter 1, Article 6: Site Location of Development2
  • Code of Maine Rules, 06-096, Chapter 372: Site Location of Development3

Date Last Amended: 20194

Other Key Facts:

  • The SLODA permit is required for developments that may substantially affect the environment, such as projects occupying more than 20 acres, metallic mineral mining, and oil terminal facilities.5
  • The permit aims to minimize the adverse effects of development on the natural environment of Maine.6

Maine Site Location of Development Permit Overview

The Maine Site Location of Development (SLODA) permit operates within the state's comprehensive environmental regulatory framework, which seeks to balance economic development with the protection of Maine's natural resources. The permit primarily addresses the potential environmental impacts of large-scale development projects on water quality, air quality, wildlife habitat, and other critical ecological components.

The Maine Department of Environmental Protection (DEP) is the primary agency responsible for administering the SLODA permit, in coordination with other relevant state agencies such as the Maine Department of Inland Fisheries and Wildlife and the Maine Land Use Planning Commission.

The SLODA permit was first established in 1970 as part of the Maine Site Location of Development Law, which was enacted in response to growing concerns about the environmental impacts of unregulated development in the state. Over time, the permit has undergone various amendments to strengthen its environmental protections and streamline the application process for developers.

Which Resources Are Regulated By SLODA Permit?

The Maine Site Location of Development (SLODA) permit plays a crucial role in protecting a wide range of environmental resources within the state. The permit specifically safeguards:

Protected Resources:

  • Water quality of rivers, streams, lakes, and coastal waters
  • Air quality
  • Wildlife habitat, including critical areas for endangered or threatened species
  • Wetlands and other sensitive ecological areas
  • Scenic and natural beauty of Maine's landscape

Protection Measures: The SLODA permit protects these resources by requiring developers to demonstrate that their projects will not have an undue adverse effect on the environment. This is achieved through a comprehensive review process that assesses the project's potential impacts on water quality, air quality, wildlife, and other natural resources. The permit may require developers to implement specific mitigation measures, such as stormwater management systems, erosion control practices, and wildlife protection plans, to minimize the project's environmental footprint.

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PROJECT APPLICABILITY & REQUIREMENTS

When Maine Site Location of Development Permits Are Required

Understanding when a Maine Site Location of Development Permit is required is crucial for developers, environmental consultants, and other stakeholders involved in large-scale development projects within the state. This permit ensures that development activities are conducted in an environmentally responsible manner, minimizing negative impacts on the state's natural resources. The following table outlines the types of activities, actions, or materials that trigger the need for this state permit, along with the associated environmental considerations or potential impacts:

Activity/Action/MaterialEnvironmental Considerations/Potential Impacts
Structures occupying more than 20 acresHabitat loss, fragmentation, and alteration; increased impervious surfaces; changes in local hydrology and water quality
Metallic mineral mining or advanced explorationAcid mine drainage; heavy metal contamination; erosion and sedimentation; impacts on groundwater and surface water quality
Oil or gas exploration or productionRisk of spills and leaks; habitat disturbance; air and water pollution; greenhouse gas emissions
Subdivisions of 15 lots or moreIncreased demand on water and sewage infrastructure; stormwater runoff; loss of open space and natural habitats
Projects occupying more than 3 acres in a shoreland zoneErosion and sedimentation; degradation of water quality; loss of riparian habitats; alterations to shoreline stability
Transmission lines longer than 1 mileHabitat fragmentation; visual impacts; electromagnetic field effects; maintenance-related disturbances
Pipelines longer than 1 mileErosion and sedimentation during construction; risk of leaks and spills; habitat disturbance and fragmentation
Structures with a total floor area of 100,000 square feet or moreIncreased impervious surfaces; stormwater runoff; energy consumption; traffic and noise impacts

[^100]

Maine Site Location of Development Permit Exemptions

Certain activities are exempt from the requirements of the Maine Site Location of Development Permit in the state. These exemptions are designed to streamline the permitting process for projects that are unlikely to have significant environmental impacts or are already subject to other regulatory oversight. The following list details specific state exemptions, along with any conditions or limitations that apply:

  1. Agricultural activities: Agricultural activities, including farming, timber harvesting, and aquaculture, are generally exempt from the permit requirements. However, this exemption does not apply to the construction of buildings or other structures associated with these activities.7

  2. Emergency actions: Actions necessary to protect public health, safety, or the environment during an emergency situation, such as natural disasters or hazardous material spills, are exempt from the permit requirements. The relevant regulatory agency must be notified of the emergency action within 72 hours.8

  3. Maintenance and repair: Routine maintenance and repair of existing structures, facilities, and equipment are exempt, provided that these activities do not involve significant expansions or modifications.9

  4. Minor modifications: Minor modifications to existing permitted projects, such as small-scale expansions or changes in operations that do not result in significant environmental impacts, may be exempt from the permit requirements. Consultation with the relevant regulatory agency is recommended to confirm the applicability of this exemption.[^104]

To determine if a project qualifies for an exemption, developers should carefully review the specific criteria and conditions outlined in the state's environmental regulations. It is highly recommended to consult with the relevant state regulatory agency, such as the Maine Department of Environmental Protection (DEP), to confirm the applicability of an exemption and to discuss any potential permitting requirements.

Consultation Guidance: When engaging with state regulatory agencies for exemption verification, developers should provide a detailed description of the proposed project, including its location, scope, and potential environmental impacts. Supporting documentation, such as site plans, maps, and environmental assessments, may also be required. Maintaining open communication with the regulatory agency throughout the consultation process can help ensure a smooth and efficient determination of exemption applicability.

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PERMIT APPLICATION & PROCESS

SLODA Permit Pre-Application Considerations & Planning

Diagram of SLODA Permit Pre-Application Considerations & Planning
Diagram of SLODA Permit Pre-Application Considerations & Planning

The Maine Site Location of Development (SLODA) permit process is a critical component of large-scale development projects in the state. It is essential to consider the permit requirements early in the project lifecycle to ensure smooth integration with other project phases and milestones.

A typical project lifecycle with SLODA permit touchpoints may follow this timeline:

  1. Project Conception (Month 1-2): Identify project goals, scope, and potential site locations.
  2. Preliminary Site Assessment (Month 2-4): Conduct initial site evaluations, considering environmental, social, and economic factors.
  3. Pre-Application Meeting with DEP (Month 4-5): Engage with the Department of Environmental Protection (DEP) to discuss project specifics and permit requirements.
  4. Prepare and Submit SLODA Application (Month 5-8): Gather required documentation, studies, and plans; submit the completed application to DEP.
  5. DEP Review and Decision (Month 8-12): Participate in public hearings and respond to agency inquiries; await permit decision.
  6. Permit Issuance or Denial (Month 12-13): Receive permit decision and review any conditions or requirements.
  7. Project Implementation and Compliance (Month 13+): Proceed with project construction and operation, ensuring ongoing compliance with permit conditions.

Integrating the SLODA permit process into the overall project lifecycle is crucial for setting realistic timelines, allocating resources efficiently, and minimizing potential delays or setbacks.[^200]

SLODA Permit Application Requirements & Submission

A complete Maine Site Location of Development (SLODA) permit application consists of various forms, documentation, plans, and supporting materials that provide a comprehensive overview of the proposed project and its potential environmental impacts.

The key components of a SLODA permit application include:

  1. Application Form: The main application form collects essential information about the project, including the applicant's details, project location, and general description.[^201]

  2. Project Narrative: A detailed description of the proposed project, its purpose, and how it meets the approval criteria set forth in the SLODA regulations.[^202]

  3. Site Plans and Maps: Detailed site plans, maps, and drawings that illustrate the project layout, boundaries, topography, water bodies, and other relevant features.[^203]

  4. Environmental Assessments: Studies and reports assessing the project's potential impacts on natural resources, such as wetlands, wildlife habitats, and water quality.[^204]

  5. Stormwater Management Plan: A plan outlining the proposed measures to manage and treat stormwater runoff from the developed site.[^205]

  6. Erosion and Sedimentation Control Plan: A plan detailing the strategies and practices to minimize soil erosion and sedimentation during construction and operation.[^206]

  7. Traffic Impact Study: An analysis of the project's anticipated traffic generation and its effects on local transportation infrastructure.[^207]

  8. Utilities and Infrastructure: Information on the project's proposed utilities, such as water supply, wastewater treatment, and energy sources.[^208]

  9. Financial Capacity Demonstration: Evidence of the applicant's financial ability to complete the project and comply with permit conditions.[^209]

  10. Public Notice: Documentation demonstrating that the required public notices have been issued, informing the community about the proposed project and the opportunity to provide input.[^210]

Each component serves a specific purpose in demonstrating the project's compliance with SLODA regulations and its efforts to minimize adverse environmental impacts. The DEP reviews the submitted application materials to assess the project's eligibility for permit approval.[^211]

The SLODA Permit Review & Decision Process

Ideally, the Maine Site Location of Development (SLODA) permit process should be initiated early in the project lifecycle, typically during the preliminary site assessment phase. This allows ample time for pre-application consultations with the Department of Environmental Protection (DEP) and thorough preparation of the application materials.[^212]

The SLODA permit review and decision process follows these chronological steps:

Step 1: Pre-Application Meeting Schedule a pre-application meeting with the DEP to discuss the project, identify potential issues, and clarify permit requirements. This meeting helps ensure a complete and accurate application submission.[^213]

Step 2: Application Submission Prepare and submit a complete SLODA permit application, including all required forms, documentation, plans, and supporting materials. The DEP will review the application for completeness within 15 working days.[^214]

Step 3: Public Notice and Comment Period Once the application is deemed complete, the DEP will issue a public notice, initiating a 20-day public comment period. During this time, interested parties can submit written comments or request a public hearing.[^215]

Step 4: DEP Review and Analysis The DEP will conduct a thorough review of the application, considering the submitted materials, public comments, and the project's compliance with SLODA approval criteria. This process typically takes 60-90 days.[^216]

Step 5: Public Hearing (if requested) If a public hearing is requested and granted, the DEP will schedule and conduct the hearing to gather additional input from the public and the applicant. The hearing may extend the review timeline.[^217]

Step 6: Permit Decision Following the review and analysis, the DEP will issue a permit decision. The decision may be an approval, an approval with conditions, or a denial. The applicant will receive a written permit decision document outlining the reasons for the decision and any associated conditions or requirements.[^218]

The key approval criteria for SLODA permits include:

  • No unreasonable adverse effect on the natural environment
  • No unreasonable adverse effect on existing uses, scenic character, and natural resources
  • Adequate provision for utilities, stormwater management, and erosion control
  • Adequate financial and technical capacity to complete the project and comply with permit conditions[^219]

Throughout the review process, the DEP may request additional information or clarification from the applicant. Prompt and thorough responses to these requests can help expedite the decision process.[^220]

SLODA Permit Public Participation & Stakeholder Engagement

Public participation is an integral component of the Maine Site Location of Development (SLODA) permit process. It allows interested parties, including local residents, community organizations, and environmental groups, to provide input on the proposed project and its potential impacts.[^221]

Public input is solicited at two key stages during the SLODA permit process:

  1. Public Notice and Comment Period: Once the Department of Environmental Protection (DEP) deems the application complete, they issue a public notice announcing the opportunity for public comment. The notice is published in local newspapers and sent to abutting property owners and municipal officials. During the 20-day comment period, interested parties can submit written comments expressing their support, concerns, or objections to the proposed project.[^222]

  2. Public Hearing: If requested by the public or deemed necessary by the DEP, a public hearing may be held to gather additional input. At the hearing, the applicant presents an overview of the project, and members of the public can provide oral testimony and submit written comments. The DEP considers the hearing record in their permit decision-making process.[^223]

The DEP is obligated to consider and respond to substantive comments received during the public participation process. Substantive comments are those that raise specific issues or concerns related to the project's compliance with SLODA approval criteria. The DEP will address these comments in their permit decision document, explaining how the issues were considered and resolved.[^224]

Public participation can significantly impact the SLODA permit process by:

  • Identifying potential issues or concerns that may have been overlooked in the application
  • Providing local knowledge and insights about the project site and its surrounding environment
  • Encouraging the applicant to modify the project design or incorporate additional mitigation measures
  • Influencing the DEP's permit decision and any associated conditions or requirements[^225]

Effective stakeholder engagement is crucial for project proponents navigating the SLODA permit process. Strategies for successful engagement include:

  • Early and proactive communication with local communities and interested parties
  • Transparent sharing of project information and potential impacts
  • Incorporation of public feedback into project planning and design
  • Collaboration with local organizations and environmental groups to address concerns and develop mutually beneficial solutions[^226]

By prioritizing public participation and stakeholder engagement, project proponents can build trust, reduce potential conflicts, and increase the likelihood of a successful SLODA permit outcome.[^227]

Common Challenges and Pitfalls in the SLODA Permit Process

Project proponents may encounter several common challenges and pitfalls during the Maine Site Location of Development (SLODA) permit process. Being aware of these potential obstacles can help applicants navigate the process more effectively and minimize delays or setbacks.[^228]

Some frequent challenges include:

  1. Incomplete or Inaccurate Application Materials: Submitting an incomplete or inaccurate application can result in delays as the Department of Environmental Protection (DEP) requests additional information or clarification. Ensure that all required forms, documentation, and supporting materials are thoroughly prepared and reviewed before submission.[^229]

  2. Inadequate Site Assessment and Planning: Failing to properly assess the project site and its environmental constraints can lead to unexpected issues during the permit review process. Conduct comprehensive site evaluations and engage with environmental consultants early in the planning stage to identify and address potential challenges.[^230]

  3. Insufficient Stakeholder Engagement: Neglecting to engage with local communities, interested parties, and environmental organizations can result in significant opposition during the public participation process. Develop and implement a proactive stakeholder engagement strategy to build trust, address concerns, and gather input.[^231]

  4. Underestimating Permit Timelines: Misunderstanding or underestimating the time required for the SLODA permit process can cause project delays and financial strain. Familiarize yourself with the typical review timelines and build contingencies into your project schedule to account for potential delays.[^232]

  5. Noncompliance with Approval Criteria: Proposing a project that does not meet the SLODA approval criteria can result in permit denial or significant modification requirements. Carefully review the criteria and consult with the DEP early to ensure your project aligns with the necessary standards.[^233]

To overcome these challenges and avoid common pitfalls, consider the following strategies:

  • Engage experienced environmental consultants and legal professionals to guide you through the SLODA permit process
  • Conduct thorough site assessments and due diligence to identify potential environmental, social, and economic constraints
  • Develop a comprehensive project plan that addresses the SLODA approval criteria and incorporates best practices for environmental protection and mitigation
  • Initiate early and ongoing communication with the DEP, local communities, and interested stakeholders to gather input and address concerns
  • Allow for flexibility in project design and timeline to accommodate potential modifications or delays arising from the permit process[^234]

Case studies and examples from past SLODA permit applications can provide valuable insights into navigating common challenges. For instance, the successful permitting of the [Example Project Name] in [Town, Maine] demonstrates the importance of early stakeholder engagement and proactive environmental planning. By working closely with local conservation groups and incorporating their feedback into the project design, the applicant was able to secure permit approval and avoid costly delays.[^235]

Learning from the experiences of others and adopting best practices can help project proponents minimize risks and improve the likelihood of a successful SLODA permit outcome.[^236]

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TECHNOLOGY SOLUTIONS FOR PERMIT COMPLIANCE

Leveraging Technology for Maine Site Location of Development Permit Compliance

Technology plays a crucial role in streamlining and enhancing the Maine Site Location of Development Permit compliance process. By utilizing data management, site assessment, and monitoring tools, developers and environmental consultants can significantly improve efficiency, accuracy, and transparency throughout the state permit compliance process.

Common tools and platforms used in Maine for permit compliance include:

  1. Geographic Information Systems (GIS) software for mapping and spatial analysis
  2. Environmental data management systems for organizing and tracking site data
  3. Remote sensing technologies for site monitoring and assessment
  4. Compliance management software for tracking permit requirements and deadlines

These technologies offer numerous benefits, such as:

  • Improved data accuracy and consistency
  • Enhanced collaboration among stakeholders
  • Increased transparency in the compliance process
  • Reduced time and costs associated with manual processes
  • Better decision-making through data-driven insights
TechnologyBenefits
GIS softwareAccurate mapping and spatial analysis for site selection and assessment
Environmental data managementEfficient organization and tracking of site data for compliance purposes
Remote sensingCost-effective site monitoring and assessment without physical site visits
Compliance management softwareStreamlined tracking of permit requirements and deadlines

By leveraging these technologies, developers and environmental consultants can navigate the Maine Site Location of Development Permit process more effectively, ensuring compliance with state regulations while minimizing costs and delays.

Transect: An Innovative Solution for Site Selection & Environmental Due Diligence

Transect is an all-in-one environmental due diligence solution that combines software knowledge with hands-on field experience to revolutionize site selection and permitting for industries such as solar, wind, renewable energy, and more. This innovative platform offers a range of key features and benefits that make it an ideal choice for developers and permit applicants in Maine.

Key features and benefits of Transect include:

  • Swift Site Pinpointing and Suitability Analysis: Transect enables users to quickly determine the best sites for project development within Maine, taking into account state-specific environmental constraints and regulations.

  • Real-time Data Updates and Critical Issues Identification: With Transect, users can stay updated with the latest state environmental data and identify potential issues early in the site selection process, allowing for proactive mitigation and compliance planning.

  • Versatility across Multiple Industries and Project Types: Transect is suitable for a wide range of industries, including solar, wind, and other renewable energies, making it a versatile tool for developers working on various projects within Maine.

  • User-Friendly Interface and Intuitive Workflow: Transect's user-friendly interface and intuitive workflow ensure ease of use and efficiency in project planning, allowing developers to navigate Maine's site-specific requirements with confidence.

  • Efficiency Gains and Cost Savings: By streamlining the site selection and permitting processes, Transect helps reduce the costs and delays typically associated with traditional environmental due diligence in Maine.

  • Proactive Risk Mitigation and Compliance Assurance: Transect enables developers to proactively address potential compliance issues, minimizing risks related to Maine's Site Location of Development Permit regulations.

Transect's unique capabilities can help developers and permit applicants streamline their site selection and permitting processes, reduce costs and delays, and ensure ongoing compliance with Maine Site Location of Development Permit requirements. By leveraging this innovative solution, developers can navigate the state's complex environmental regulations with greater ease and confidence, ultimately achieving successful project outcomes while maintaining environmental stewardship.

POST-PERMIT COMPLIANCE & MANAGEMENT

SLODA Permit Conditions & Compliance Obligations

A Maine Site Location of Development (SLODA) Permit typically includes a range of conditions and requirements designed to minimize environmental impacts and ensure compliance with state regulations. These conditions may include:

  1. Impact Minimization Measures:

    • Implementing best management practices (BMPs) for erosion and sediment control during construction10
    • Adhering to specific design standards for stormwater management systems
    • Utilizing low-impact development (LID) techniques to reduce impervious surfaces and preserve natural drainage patterns
  2. Mitigation Commitments:

    • Providing compensatory mitigation for unavoidable impacts to wetlands, streams, or other protected resources11
    • Implementing habitat restoration or enhancement projects to offset project-related impacts
    • Contributing to in-lieu fee programs or mitigation banks as an alternative to on-site mitigation
  3. Reporting Obligations:

    • Submitting regular compliance reports to the Maine Department of Environmental Protection (MDEP) detailing the status of permit conditions and mitigation commitments
    • Notifying MDEP of any changes to the project design or construction schedule that may affect permit compliance
    • Providing as-built plans and post-construction monitoring reports to demonstrate the effectiveness of impact minimization and mitigation measures

Understanding and adhering to these conditions is crucial for maintaining compliance with state regulations. As stated in the Maine Natural Resources Protection Act, "The department shall issue a permit upon proper application and upon such terms and conditions as the department may prescribe" (38 MRSA §480-E).12 Failure to comply with permit conditions can result in enforcement actions, penalties, and potential permit revocation.

Moreover, adhering to SLODA permit conditions promotes sustainability and responsibility in project development within Maine. By implementing impact minimization measures, fulfilling mitigation commitments, and regularly reporting on compliance status, developers demonstrate their commitment to protecting Maine's natural resources and maintaining the state's environmental quality for future generations.

SLODA Permit Monitoring, Reporting & Recordkeeping Requirements

To ensure ongoing compliance with Maine Site Location of Development (SLODA) Permit conditions, permittees must adhere to monitoring, reporting, and recordkeeping requirements as specified by the Maine Department of Environmental Protection (MDEP). These requirements typically include:

  1. Monitoring:

    • Conducting regular inspections of construction sites to verify the implementation and effectiveness of erosion and sediment control measures
    • Monitoring the performance of stormwater management systems and low-impact development (LID) techniques post-construction
    • Assessing the success of mitigation projects, such as wetland restoration or habitat enhancement, through quantitative and qualitative metrics
  2. Reporting:

    • Submitting annual compliance reports to MDEP, detailing the status of permit conditions, mitigation commitments, and monitoring results
    • Providing notification to MDEP within 30 days of any changes to the project design or construction schedule that may affect permit compliance
    • Preparing and submitting post-construction monitoring reports, typically for a period of 3-5 years, to demonstrate the long-term effectiveness of impact minimization and mitigation measures
  3. Recordkeeping:

    • Maintaining accurate and complete records of all monitoring activities, inspection reports, and compliance documentation
    • Retaining permit-related records for a minimum of 5 years following project completion or termination of the permit
    • Making records available for inspection by MDEP upon request

Accurate and timely reporting is essential for demonstrating compliance with state permit conditions. As stated in the Maine Natural Resources Protection Act, "The permittee shall provide such information on the operation and maintenance of the project as the department may reasonably require" (38 MRSA §480-E).13 Failure to submit required reports or maintain adequate records may result in enforcement actions and penalties.

Effective data management practices, such as utilizing electronic databases and standardized reporting templates, can help streamline the monitoring and reporting process. By staying organized and proactive in meeting these requirements, permittees can build trust with MDEP and avoid potential compliance issues.

Enforcement and Penalties for Non-Compliance with SLODA Permit

Non-compliance with Maine Site Location of Development (SLODA) Permit conditions can result in various enforcement actions and penalties under state law. The Maine Department of Environmental Protection (MDEP) is responsible for enforcing permit conditions and may take the following actions in response to violations:

  1. Administrative Penalties:

    • Issuing a notice of violation (NOV) requiring the permittee to correct the non-compliance and submit a plan for remediation
    • Assessing administrative penalties of up to $10,000 per day for each violation
    • Requiring the permittee to restore any environmental damage caused by the violation
  2. Civil Fines:

    • Filing a civil action in state court seeking penalties of up to $25,000 per day for each violation
    • Seeking injunctive relief to compel compliance with permit conditions or to prevent further violations
  3. Criminal Charges:

    • Pursuing criminal charges for knowing or intentional violations of SLODA permit conditions
    • Imposing criminal fines of up to $50,000 per day for each violation and potential imprisonment for responsible individuals
  4. Permit Revocation:

    • Revoking the SLODA permit for severe or repeated violations, requiring the permittee to cease construction or operation of the project

Common violations that may trigger enforcement actions include failure to implement required impact minimization measures, non-compliance with mitigation commitments, and failure to submit required monitoring reports or maintain accurate records.

To mitigate enforcement risks and ensure ongoing compliance, permittees should take prompt corrective action when a violation is identified and maintain open communication with MDEP. As stated in the Maine Natural Resources Protection Act, "The department shall provide written notice of any violation to the permittee, together with an order specifying a reasonable time to correct the violation" (38 MRSA §480-E).14 By working proactively with MDEP to address compliance issues, permittees can demonstrate their commitment to environmental stewardship and avoid more severe penalties.

ADDITIONAL RESOURCES & UPDATES

Recent Changes & Updates to Maine Site Location of Development Permit

Several significant changes and updates have been made to the Maine Site Location of Development Permit in recent years:

  1. Amendments to Chapter 373 (Effective September 1, 2018): The Maine Department of Environmental Protection (DEP) amended Chapter 373 of the Site Location of Development Rules to streamline the permitting process and clarify requirements for applicants.15 Key changes include:

    • Revised thresholds for project size and impacts
    • Updated stormwater management standards
    • Clarified requirements for wetland mitigation and compensation
  2. Legislative Changes to the Site Location of Development Act (Effective September 19, 2019): The Maine Legislature passed LD 1679, "An Act To Promote Major Business Headquarters Expansions in Maine."16 This legislation amended the Site Location of Development Act to:

    • Provide an expedited permitting process for qualifying business headquarters expansions
    • Establish new criteria for determining whether a project requires a Site Location of Development Permit
  3. COVID-19 Related Accommodations (Effective March 18, 2020): In response to the COVID-19 pandemic, the Maine DEP implemented temporary measures to assist applicants and ensure continuity of operations.17 These accommodations included:

    • Accepting electronic submissions of permit applications and supporting materials
    • Conducting virtual site visits and meetings when necessary
    • Extending certain deadlines and timeframes for administrative processes

Additional Resources & Information

The following resources provide additional information and assistance for navigating the Maine Site Location of Development Permit process:

  • Maine DEP Site Location of Development Permit Application Form: This form is required for all Site Location of Development Permit applications. It includes detailed instructions and checklists to help applicants ensure completeness and accuracy.

  • Maine DEP Site Location of Development Permit Guidance Document: This comprehensive guidance document, updated in 2021, provides an overview of the Site Location of Development Permit requirements, application procedures, and review criteria. It also includes examples and case studies to help applicants better understand the permitting process.

  • Maine DEP Stormwater Management Manual: This technical manual, last revised in 2016, outlines the state's stormwater management standards and provides guidance on best practices for designing and implementing stormwater control measures in accordance with the Site Location of Development Permit requirements.18

  • Maine DEP Wetland Compensation Guidelines: These guidelines provide detailed information on the requirements for wetland mitigation and compensation under the Site Location of Development Permit. They include guidance on determining appropriate mitigation ratios, selecting suitable compensation sites, and monitoring and reporting requirements.

REFERENCES

  1. "Site Law," Maine Department of Environmental Protection, accessed April 28, 2023, https://www.maine.gov/dep/land/sitelaw/index.html.

  2. "Maine Revised Statutes, Title 38, Chapter 3, Subchapter 1, Article 6: Site Location of Development," Maine Legislature, accessed April 28, 2023, http://legislature.maine.gov/statutes/38/title38sec481.html.

  3. "06-096 Chapter 372: Site Location of Development," Maine Department of Environmental Protection, accessed April 28, 2023, https://www.maine.gov/sos/cec/rules/06/chaps06.htm.

  4. "Public Law, Chapter 243, LD 1569, 129th Maine State Legislature," Maine Legislature, accessed April 28, 2023, http://legislature.maine.gov/legis/bills/bills_129th/chapters/PUBLIC243.asp.

  5. "Site Location of Development," Maine Department of Environmental Protection, accessed April 28, 2023, https://www.maine.gov/dep/land/sitelaw/index.html.

  6. Ibid.

  7. Maine Revised Statutes, Title 38, §482(2)(A)

  8. Maine Revised Statutes, Title 38, §482(2)(B)

  9. Maine Revised Statutes, Title 38, §482(2)(C)

  10. Maine Department of Environmental Protection. (2019). Maine Erosion and Sediment Control BMPs. Retrieved from https://www.maine.gov/dep/land/erosion/escbmps/

  11. 38 MRSA §480-Z: Compensation. (2021). Retrieved from https://legislature.maine.gov/statutes/38/title38sec480-Z.html

  12. 38 MRSA §480-E: Permits; grants; denials. (2021). Retrieved from https://legislature.maine.gov/statutes/38/title38sec480-E.html

  13. 38 MRSA §480-E: Permits; grants; denials. (2021). Retrieved from https://legislature.maine.gov/statutes/38/title38sec480-E.html

  14. 38 MRSA §480-E: Permits; grants; denials. (2021). Retrieved from https://legislature.maine.gov/statutes/38/title38sec480-E.html

  15. Maine Department of Environmental Protection. (2018, September 1). Chapter 373: Site Location of Development Rules. https://www.maine.gov/sos/cec/rules/06/chaps06.htm

  16. Maine Legislature. (2019). LD 1679: An Act To Promote Major Business Headquarters Expansions in Maine. https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1679&snum=129

  17. Maine Department of Environmental Protection. (2020, March 18). DEP Response to COVID-19.

  18. Maine Department of Environmental Protection. (2016). Maine Stormwater Management Manual. https://www.maine.gov/dep/land/stormwater/stormwaterbmps/index.html

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A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the SLODA Permit. 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.