LD 1161
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Page 1 of 3 An Act To Require Notification from the Department of Environmental Protection ... Page 3 of 3
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LR 962
Item 1

 
required by subsection 1-B is included. Acceptance of an
application as complete for review does not constitute a
determination by the department on the sufficiency of that
information and does not preclude the department from requesting
additional information during processing.

 
The commissioner shall require the applicant to provide notice to
the public in accordance with subsection 1-B for each application
for a permit or license accepted. The commissioner shall solicit
comments from the public for each application in a manner
prescribed by the board in the rules.

 
All correspondence notifying an applicant of denial of an
application by the board or commissioner must be by certified
mail, return receipt requested.

 
Sec. 3. 38 MRSA §344, sub-§1-B is enacted to read:

 
1-B.__Notification to abutters, municipalities and municipal
boards.__Notification to abutters, municipalities and municipal
boards must be provided in accordance with this subsection.

 
A.__The applicant shall provide notice to abutters to a
project as determined by local tax records, the municipality
in which the project is proposed and the municipal board
with project oversight when an application for a permit or
license is submitted to the department.__Notice must be made
in a manner prescribed by the board by rule, which, at a
minimum, must include a requirement that the notice be made
by certified mail requiring signature by the recipient.__The
applicant shall provide to the department proof of
notification under this paragraph and a list of abutters to
whom notice was provided.__The proof of notification must
include a copy of the certified mail signed as received by
the recipient.__The department may not determine an
application to be complete without receiving proof of
notification.__Rules adopted pursuant to this paragraph are
routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.

 
B.__The department shall provide notice to abutters
identified on the list provided by the applicant under
paragraph A,__the municipality in which the project is
proposed and the municipal board with project oversight when
a permit or license is denied or issued by the department.

 
SUMMARY

 
This bill provides for notice to abutters when an application
for a permit or license is accepted and when a permit


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