Section 672-10-III-24 - GENERAL CRITERIA FOR APPROVAL OF PERMIT APPLICATIONSIn approving applications submitted to it pursuant to 12 M.R.S. §685-A(10) and § 685-B, the Commission may impose such reasonable terms and conditions as the Commission may consider appropriate in order to satisfy the criteria of approval and purpose set forth in these statutes, rules and the Comprehensive Land Use Plan.
A.CRITERIA FOR APPROVAL OF ALL PERMIT APPLICATIONS1. "The commission may not approve an application, unless:A. Adequate technical and financial provision has been made for complying with the requirements of the State's air and water pollution control and other environmental laws, and those standards and regulations adopted with respect thereto, including without limitation the minimum lot size laws, [12 M.R.S.] Sections4807 to 4807-G, the site location of development laws, Title 38, sections481 to 489-E, and the natural resource protection laws, Title 38, sections480-A to 480-Z, and adequate provision has been made for solid waste and sewage disposal, for controlling of offensive odors and for the securing and maintenance of sufficient healthful water supplies;B. Adequate provision has been made for loading, parking and circulation of land, air and water traffic in, on and from the site, and for assurance that the proposal will not cause congestion or unsafe conditions with respect to existing or proposed transportation arteries or methods;C. Adequate provision has been made for fitting the proposal harmoniously into the existing natural environment in order to ensure there will be no undue adverse effect on existing uses, scenic character and natural and historic resources in the area likely to be affected by the proposal.(1) In making a determination under this paragraph regarding whether an applicant has made adequate provision for fitting the proposal harmoniously into the existing natural environment, the commission may consider the effect of at least 1.5 feet of sea level rise by 2050 and 4 feet of relative sea level rise by 2100 as specified by the Commission by rule adopted pursuant to section 685-A, subsection 3. (2) In making a determination under this paragraph regarding development to facilitate withdrawal of groundwater, the Commission shall consider the effects of the proposed withdrawal on waters of the State, as defined by Title 38, Section 361-A, subsection 7; water-related natural resources; and existing uses, including, but not limited to, public or private wells, within the anticipated zone of contribution to the withdrawal. In making findings under this paragraph, the Commission shall consider both the direct effects of the proposed withdrawal and its effects in combination with existing water withdrawals.(3) In making a determination under this paragraph regarding a community-based offshore wind energy project, the commission shall consider the project's effects on scenic character and existing uses related to scenic character in accordance with Title 35-A, section3452.(4) In making a determination under this paragraph regarding a wind energy development, as defined in Title 35-A, section3451, subsection 11, that is not a grid-scale wind energy development, that has a generating capacity of 100 kilowatts or greater and that is proposed for a location within the expedited permitting area, the commission shall consider the development's or project's effects on scenic character and existing uses relating to scenic character in the manner provided for in Title 35-A, section3452;C-1. With respect to a wind energy development that has a generating capacity of 100 kilowatts or greater, the person proposing the development has received certification from the Department of Environmental Protection in the manner provided under Title 35-A, section 3456;D. The proposal will not cause unreasonable soil erosion or reduction in the capacity of the land to absorb and hold water and suitable soils are available for a sewage disposal system if sewage is to be disposed on-site;E. The proposal is otherwise in conformance with this chapter and the regulations, standards and plans adopted pursuant thereto; andF. In the case of an application for a structure upon any lot in a subdivision, that the subdivision has received the approval of the commission. The burden is upon the applicant to demonstrate by substantial evidence that the criteria for approval are satisfied, and that the public's health, safety and general welfare will be adequately protected. The commission shall permit the applicant and other parties to provide evidence on the economic benefits of the proposal as well as the impact of the proposal on energy resources."12 M.R.S. §685-B(4)
In addition, the applicant must demonstrate "evidence of sufficient right, title or interest in all of the property that is proposed for development or use."12 M.R.S. §685-B(2)(D)
2. Pursuant to 12 M.R.S. Section685-B,(4) in making a decision on an application for a community-based offshore wind energy project, the commission may not consider whether the project meets the specific criteria designated in 12 M.R.S. Section1862, Subsection 2, paragraph A, subparagraph (6), divisions (a) to (d). This limitation is not intended to restrict the commission's review of related potential impacts of the project as determined by the commission.B.CRITERIA FOR PERMIT APPLICATIONS INVOLVING SPECIAL EXCEPTIONSThe following criteria apply to permit applications for uses allowed by special exception in accordance with Sub-chapter II. The applicant must show by substantial evidence that:
1. there is no alternative site that is suitable to the proposed use and reasonably available to the applicant;2. the use can be buffered from uses within the area likely to be affected by the proposal with which it is or may be incompatible;3. such other conditions are met that the Commission may reasonably impose in accordance with the policies of the Comprehensive Land Use Plan;4. there is sufficient infrastructure to accommodate the additional traffic and activity generated by the use; and that surrounding resources and uses that may be sensitive to such increased traffic and activity are adequately protected;5. the project will not result in traffic safety or capacity deficiencies in the vicinity of the project site;6. the proposed use: a. will not unreasonably obstruct navigation channels or unreasonably preclude boating support facilities elsewhere in the harbor;b. is designed and located, to the extent feasible, so that it does not significantly interfere with the needs of the local fishing industry; andc. if not a water-dependent use, will not replace an existing water-dependent use; and will not substantially reduce existing public access to coastal wetlands;7. either the use is integral to the business, or the use legally existed as of May 9, 2016;8. the proposed use will not pose an unreasonable risk to a valuable groundwater resource and the P-AR subdistrict in which the use is proposed does not protect a sole source aquifer;9. upon decommissioning of the facility all structures and materials associated with the development will be removed, and affected prime farmland soils will be replaced or restored to a state such that they could be utilized for active agricultural production; and10. residential uses will not adversely affect permitting commercial uses within the subdistrict with which it is incompatible.01-672 C.M.R. ch. 10, § III-24