01-672 C.M.R. ch. 4, § 04 - NOTICES

A. GENERAL PROVISIONS

1. Consolidation of Notices.

Notice provided pursuant to Section 4.05 of this chapter may be included in a written statement providing notice of more than one such application, provided all applicable notice requirements are met.

2. Demonstration of Notice.

The Commission may require an applicant, as part of an application, to provide information regarding the specific notice provided, a list of recipients, and documentation of when and how the notice was provided.

3. Additional Notice.

a. After an application has been filed, if the Commission determines that the applicant submits significant new or additional information or substantially modifies its application at any time after the application has been deemed as complete for processing, the Commission may require the applicant to provide subsequent notice to abutters and interested persons, consistent with Section 4.04(B)(3) or (4) as applicable. The Commission may also require additional public notice at its discretion if a substantial period of time has elapsed since the original public notice.

b. Unless otherwise specified by statute or other applicable rules, the Commission or Commission staff may provide, or require an applicant to provide, additional notice related to an application in any manner the Commission or Commission staff deems appropriate. The Commission may require additional notice without limitation, to adjacent or potentially affected municipalities, counties, or service providers. Additional notice may be provided or required, without limitation, for the extension or reopening of a hearing record or comment period.

B. NOTICE REQUIREMENTS

1. Applications Received

The Commission will generate a list of all applications received on a periodic basis indicating the name of the applicant and the location and nature of the proposed activity. This list will be made available to the public on the agency's website or upon request.

2. Notice of Variance Requests

For all requests for variances from the Commission's standards pursuant to 12 M.R.S. §685-A(10), the applicant must provide notice of the pending application by regular mail to all persons owning or leasing land within 1,000 feet of the proposed project as shown in records of Maine Revenue Services or the applicable plantation or municipality.

3. Notice of Filing

a. Applications for permit and applications for zone change:

(1) Applicability. Notice described by Sections 4.04(B)(3)(a)(2) and (3) is required in the following cases:

(a) development permit applications and major amendments;

(b) subdivision permit applications and major amendments;

(c) applications and major amendments to all other nonresidential permit types not otherwise listed in Section 4.04(B)(3)(a)(1)(a) and (b);

(d) applications to amend any permit which was previously appealed to the Commission;

(e) applications proposing amendment of a permit which permit was the subject of a hearing; and

(f) applications for zone changes, except those proposing to change a development subdistrict designation to a management or protection subdistrict designation, and applications addressing clerical corrections.

(2) Recipients. Within seven days prior to filing an application, the applicant must provide notice to:

(a) all persons owning or leasing land within 1,000 feet of the land which is the subject of the proposed change or activity;

(b) In any proceeding involving a proposed amendment of the most recent permit that was the subject of an earlier hearing, all persons granted intervenor status in the hearing for the most recent permit;

(c) If a permittee seeks to amend a term or condition of a most recent permit that was the subject of an appeal to the Commission, notice of the application for permit must be provided to the prior appellant(s);

(d) Persons who have made timely requests to be notified of a specific application or project; and

(e) The municipality or plantation where the project is proposed, or the county if the proposed project site is in an unorganized township.

(3) Method. Notice must be provided by regular postal mail, according to the names and addresses as shown on the records of Maine Revenue Services or plantation or town tax assessors, or by electronic mail with the agreement of the person receiving notice. The address for persons granted intervenor status in an earlier hearing may be according to the applicable means of contact established during the prior proceeding, or according to the best information currently available.

b. All requests for certification:

(1) Within 30 days prior to filing a request for certification either directly with the Commission or with the MDEP for the MDEP to provide to the Commission, a person requesting certification must give public notice of the intent to file such a request. If the request for certification is included as part of the MDEP permit application or filed with the Commission simultaneously with the filing of the MDEP permit application, the person requesting certification may give public notice as part of the notice required by the MDEP in accordance with the MDEP's rules, provided the notice includes the information required in Section 4.04(C) of these rules.

(2) If a person requesting certification elects not to give the notice required by this section as part of a MDEP required notice, or if the person files a request for certification prior to filing a companion permit application with the MDEP, the person requesting certification must give notice in accordance with Section 4.04(B)(3)(a).

4. Projects of Substantial Public Interest

a. The Director may deem certain applications or requests for certification to be of substantial public interest due to their nature, location, or size.

b. For applications designated as projects of substantial public interest, applicants must provide notice by certified mail with return receipt to the recipients listed in Section 4.04(B)(3)(a) and to legislators whose districts encompass the project.

c. Notice of projects deemed to be of substantial public interest must also be published twice in the legal notices section of a newspaper of general circulation in the area affected by the permit application as determined by the Commission. The date of the initial publication must be at least 25 days before the date of the filing of an application. The date of the second publication must be at least 7 days before the date of the filing of an application.

5. Hearings

Notice of all hearings in regard to applications and appeals thereof must be given as follows:

a. By regular postal mail, or electronic mail with the agreement of the person receiving notice, at least 30 days prior to the initial scheduled hearing, to:

(1) The applicant;

(2) All persons owning or leasing land within 1,000 feet of the proposed project according to the records of the Maine Revenue Services or the applicable plantation or municipality;

(3) The municipality or plantation where the project is proposed, or the county, if the proposed project site is in an unorganized township;

(4) The legislators whose districts encompass the project;

(5) Intervenors;

(6) Persons who have made a timely request to be notified of a specific hearing or project;

(7) Persons who have filed a written request to be notified of hearings;

(8) Appropriate State and federal agencies, as determined by the Commission; and

(9) In any proceeding involving a proposed amendment of a Commission decision which was the subject of an earlier hearing, all persons granted intervenor status at the earlier hearing in the most recent proceeding relevant to the decision.

b. By publication in the legal notices section of a newspaper of general circulation in the area affected by the application as determined by the Commission.

(1) Notice of hearing on permit applications and requests for certification must be published in the newspaper twice. The date of the initial publication must be at least 30 days before the hearing. The date of the second publication must be at least 7 days and no more than 13 days before the date of the hearing.

6. Rulemaking

Notice of rulemaking, with or without a hearing, must be provided in accordance with 5 M.R.S. §§8053(1), (2), (3-A), and (5), as may be modified or supplemented by 12 M.R.S. §685-A(7-A)(B). Notwithstanding the prior statement, pursuant to 12 M.R.S. §685-A(7-A)(B), notice requirements for applications for zone change are addressed in Sections 4.04(B)(3) through (5).

C. NOTICE CONTENTS

1. Pursuant to 5 M.R.S. §9052(4) and 12 M.R.S. §685-A(7-A)(B), notice required under Section 4.04, except rulemaking notices, must include the following information:

a. The name and address of the applicant;

b. The legal authority and jurisdiction pursuant to which the proceeding is being conducted;

c. A reference to the major substantive statutory and rule provisions involved;

d. In a short and plain statement, the nature and purpose of the proceeding;

e. The location and nature of the proposed development;

f. The location where further information, including a copy of the application, may be inspected;

g. The manner and time period within which evidence and argument may be submitted to the Commission for consideration;

h. The time and place of the hearing, or the manner in which a hearing concerning the application may be requested;

i. When a hearing has been scheduled, the manner and time within which petitions for intervention pursuant to Commission rule Chapter 5 may be filed.

j. Such other information as the Commission deems appropriate.

2. Rulemaking

a. Applications for zone change are a form of rulemaking; however, pursuant to 12 M.R.S. §685-A(7-A)(B), notice contents requirements for applications for zone change are addressed in Section 4.04(C)(1).

b. Notice of rulemaking must include all information required by 5 M.R.S.8053(3) and 12 M.R.S. §685-A(7-A)(B).

Notes

01-672 C.M.R. ch. 4, § 04