01 M.R.S. § 001-575-14 - DELEGATION OF AUTHORITY

1. PURPOSE. Pursuant to 38 M.R.S. §3202 , this section establishes the standards and conditions for the delegation of authority to a municipality or the Maine Land Use Planning Commission to issue permits for solar energy development.

2. DELEGATION OF PERMIT-GRANTING AUTHORITY TO MAINE LAND USE PLANNING COMMISSION. The Maine Land Use Planning Commission (LUPC) may apply to DACF for authority to issue permits, process permit exemptions, or process permit transfer applications under this chapter involving activities within LUPC's jurisdiction. DACF shall grant such authority if it finds that LUPC has:

A. Made provision by ordinance or rule for:

(1) Prompt notice to DACF of all applications received;

(2) Prompt notice to the public upon issuance of a permit;

(3) Written notification to the applicant and DACF of the issuance or denial of a permit stating the reasons for issuance or denial; and

(4) Adopting an application form and rules that are substantially the same as those provided by DACF.

If permitting authority is delegated to LUPC, then the applicable application base fees would be paid to LUPC. However, compensation fees, if owed, would still be calculated by and paid to DEP.

3. DELEGATION OF PERMIT-GRANTING AUTHORITY TO MUNICIPALITIES. A municipality may apply to DACF for authority to issue permits, process permit exemptions, or process permit transfer applications under this chapter involving activities within the municipality's jurisdiction. DACF shall grant such authority if it finds that the municipality has:

A. Established a planning board and a board of appeals;

B. The financial, technical, and legal resources to adequately review and analyze permit applications and oversee and enforce permit requirements;

C. Made provision by ordinance or rule for:

(1) Prompt notice to DACF of all applications received;

(2) Prompt notice to the public upon issuance of a permit; and

(3) Written notification to the applicant and DACF of the issuance or denial of a permit stating the reasons for issuance or denial.

D. Adopted an application form and rules that are substantially the same as those provided by DACF; and

E. Appointed a code enforcement officer, certified pursuant to 30-A M.R.S. §4451 .

If permitting authority is delegated to the municipality, then the applicable application base fees would be paid to the municipality. However, compensation fees, if owed, would still be calculated by and paid to DEP.

4. DEFERRAL OF PERMITTING AUTHORITY TO DACF. Municipalities and LUPC may also choose to defer permitting authority to DACF regarding any solar energy developments proposed to be constructed on HVAL.

Notes

01 M.R.S. § 001-575-14