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and that the municipality has the resources to enforce that | | ordinance, the commissioner shall exempt any project within | | that municipality. The department shall maintain a list of | | municipalities meeting these criteria and update this list at | | least every 2 years. The commissioner shall immediately | | notify municipalities on the list of municipalities meeting | | these criteria of new or amended rules adopted by the | | department pursuant to this article. If a municipality on the | | list no longer meets these criteria, it must be removed from | the list. A project constructed after a municipality is | removed from the list must obtain approval pursuant to this | section. | | these criteria due to new or amended department rules, then | | the municipality remains on the list if: |
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| | | (1)__The municipality adopts amendments to its | | ordinances within one calendar year of the effective | | date of the new or amended department rules; |
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| | | (2)__The municipality submits the amended ordinances to | | the commissioner within 45 calendar days of adoption | | for review; and |
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| | | (3)__The commissioner determines that the amended | | ordinances meet or exceed the provisions of this | | section. |
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| | | A project constructed after a municipality is removed from the | | list must obtain approval pursuant to this section. |
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| | | Sec. 4. 38 MRSA §420-D, sub-§9, as enacted by PL 1995, c. 704, Pt. B, | | §2 and affected by PL 1997, c. 603, §§8 and 9, is amended to | | read: |
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| | | 9. Rules. Rules adopted pursuant to this section are major | substantive | chapter 375, subchapter II-A | | qualify as state mandates pursuant to the Constitution of Maine, | | Article IX, Section 21 are major substantive rules as defined in | | Title 5, chapter 375, subchapter 2-A. |
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| | | Sec. 5. 38 MRSA §485-A, sub-§1-C, as enacted by PL 1995, c. 704, Pt. | | A, §12 and affected by Pt. C, §2, is amended to read: |
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| | | 1-C. Approval of future development sites. The department | | shall adopt rules allowing the option of, and identifying | | requirements for, a planning permit that allows approval of | | development within a specified area and within specified | | parameters such as maximum area, groundwater usage and traffic | | generation, although the specific nature and extent of the |
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