Article 5-A: NATURAL RESOURCES PROTECTION ACT HEADING: PL 1987, C. 809, §2 (NEW); 2007, C. 290,
§480-F. Delegation of permit-granting authority to municipality; home rule
A municipality may apply to the board for authority to issue all permits under this
article or for partial authority to process applications for permits involving activities
in specified protected natural resources or for activities included in chapter 305
of the department's rules, addressing permit by rule. The board shall grant such
authority if it finds that the municipality has:
A. Established a planning board and a board of appeals; [1997, c. 364, §19 (RPR).]
B. Adopted a comprehensive plan and related land use ordinances determined by the former State Planning Office or the Department of Agriculture, Conservation and Forestry to be consistent with the criteria set forth in Title 30-A, chapter 187, subchapter 2 and determined by the commissioner to be at least as stringent as criteria set forth
in section 480-D; [2011, c. 655, Pt. FF, §11 (AMD); 2011, c. 655, Pt. FF, §16 (AFF); 2011, c. 657, Pt. W, §5 (REV).]
C. The financial, technical and legal resources to adequately review and analyze permit
applications and oversee and enforce permit requirements; [1997, c. 364, §19 (RPR).]
D. Made provision by ordinance or rule for:
(1) Prompt notice to the commissioner of all applications received except for those
activities included in chapter 305 of the department's rules, addressing permit by
(2) Prompt notice to the public upon receipt of application and written notification
to the applicant and the commissioner of the issuance or denial of a permit stating
the reasons for issuance or denial, except for those applications for which no public
notice or written decision is required; [1997, c. 364, §19 (RPR).]
E. Provided an application form that is substantially the same as that provided by
the commissioner; and [1997, c. 364, §19 (RPR).]
F. Appointed a code enforcement officer, certified pursuant to Title 30-A, section 4451. [2011, c. 655, Pt. FF, §12 (AMD); 2011, c. 655, Pt. FF, §16 (AFF).]
2011, c. 655, Pt. FF, §§11, 12 (AMD);
2011, c. 655, Pt. FF, §16 (AFF);
2011, c. 657, Pt. W, §5 (REV)
The following procedures apply to applications under this article processed by municipalities.
A. For applications processed by municipalities except those described in chapter 305
of the department's rules, no permit issued by a municipality may become effective
until 30 days subsequent to its receipt by the commissioner, but, if approved by the
department in less than 30 days, the effective date is the date of approval. A copy
of the application for the permit and the permit issued by the municipality must be
sent to the commissioner, immediately upon its issuance, by registered mail. The
department shall review that permit and either approve, deny or modify it as necessary.
If the department does not act within 30 days of its receipt of the permit by the
municipality, this constitutes its approval and the permit is effective as issued,
except that within this 30-day period the department may extend the time for its review
an additional 30 days. [1997, c. 364, §20 (NEW).]
B. For those applications for approval of activities described in chapter 305 of the
department's rules, a copy of the municipality's action to approve or deny an application
must be sent to the commissioner within 14 days of the municipality's decision. [1997, c. 364, §20 (NEW).]
1997, c. 364, §20 (RPR)
Nothing in this article may be understood or interpreted to limit the home rule
authority of a municipality to protect the natural resources of the municipality through
enactment of standards that are more stringent than those found in this article.
1987, c. 809, §2 (NEW)
Any person who violates any permit issued under this section is subject to the provisions
of section 349 in addition to any penalties which the municipality may impose. The
provisions of this section may be enforced by the commissioner and the municipality
that issued the permit.
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. B, §74 (AMD)
1987, c. 809, §2 (NEW).
1989, c. 890, Pt. A, §40 (AFF).
1989, c. 890, Pt. B, §74 (AMD).
1995, c. 267, §1 (AMD).
1997, c. 364, §§19-20 (AMD).
2003, c. 688, §A43 (AMD).
2011, c. 655, Pt. FF, §§11, 12 (AMD).
2011, c. 655, Pt. FF, §16 (AFF).
2011, c. 657, Pt. W, §5 (REV).
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