01-672-4 Me. Code R. § 08

Current through 2025-03, January 15, 2025

Section 672-4-08 - DELEGATION OF AUTHORITY TO STAFF

A.PURPOSE AND SCOPE

Pursuant to 12 M.R.S. §§685-B(1-B) and (8), the Commission finds that:

1. Many of the applications submitted to the Commission are similar and are therefore of a routine nature;

2. The handling of that type of application by the staff will eliminate a waiting period between completion of the staff work and the next Commission meeting; and

3. The nature of the applications is such that the decision may be made by the staff on the strict basis of the statutory criteria for approval contained in 12 M.R.S. §685-B(4) and the policies, standards, and rules duly adopted by the Commission.

B.DELEGATION OF AUTHORITY

1. The Commission delegates to its staff, under the responsibility of the Director, the authority to

a. Approve, approve with conditions, disapprove, issue, or otherwise act on the following, provided they are routine in nature and do not raise significant policy issues:

(1) all applications, including those for special exceptions, submitted to the Commission.

These include situations where applicable Commission rules contain qualifying phrases, including but not limited to: the Commission may reduce, may consider, may allow for development by waiving, may waive, and must consider.

b. Extend the time limits herein imposed for review of staff decisions and for Commission review and decision, upon written request by the applicant or with the written consent of the applicant, where circumstances necessitate a longer time or for other good cause.

2. For the purposes of this section, applications for zone changes considered to be routine in nature are limited to:

a. Requests to amend subdistrict boundaries on a parcel based on a site-specific wetland delineation completed by a qualified professional in accordance with the "Corps of Engineers Wetlands Delineation Manual," U.S. Army Corps of Engineers (1987) and the "Regional Supplement to the Corps of Engineers wetland Delineation Manual: Northcentral and Northeast Region," U.S. Army Corps of Engineers (Version 2.0, January 2012; and

b. Proposals to adopt new or amended Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Hazard Boundary maps prepared by the Federal Emergency Management Agency, which the Commission is required to adopt as a participating community in the National Flood Insurance Program.

3. Notwithstanding the provisions of Sections 4.08(B)(1) and (2), at the discretion of the Commission or the Director, any application, request, or matter may be forwarded to the Commission for discussion, decision, guidance to staff, or directive to staff.

C.EXCEPTIONS

1. Except as provided above, the Commission does not delegate to its staff authority to:

a. Approve or disapprove applications for zone changes, including adoption or amendment of any related development, concept, or resource plans;

b. Preside over a hearing regarding, or decide on, appeals of staff actions;

c. Approve or disapprove requests for a variance;

d. Initiate, approve, disapprove, or terminate rulemaking;

e. Approve or disapprove on requests for a hearing;

f. Revoke any Commission or staff approval or certification; and

g. Approve or disapprove requests to, or actions that would, affect land use regulatory authority, such as those provided in 12 M.R.S. §685-A(4-A).

01-672 C.M.R. ch. 4, § 08