Land Use Planning Commission Memo – Rule Revision

The Land Use Planning Commission and the Department of Environmental Protection have posted the proposed Chapter 11 (DEP Chapter 450) revisions to “Administrative Regulations for Hydropower Projects” to a 30-day public comment period. Notice of the public comment period and the draft rule changes to Chapter 11 are posted on the Commission’s website at:

Notice of the comment period on the proposed changes will also be published in the state’s consolidated rule-making notice Wednesday August 31, 2016. The deadline for written comments is set for Friday, September 30, 2016.

Concise summary:

The purpose of the rule amendment is to revise Chapter 450 and Chapter 11 so they:

  1. are consistent with the authorizing statutes and the Department’s Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 CMR 2 (“Chapter 2”);
  2. are re-organized to reference the jurisdiction of the Department, including removing any reference to the Board of Environmental Protection;
  3. are updated to replace references to the Land Use Regulation Commission with the Land Use Planning Commission of the Maine Department of Agriculture, Conservation, and Forestry,
  4. are updated to include language associated with tidal or wave action; and
  5. clarify the jurisdiction between the Department and Commission.

The rule amendment is also intended to correct outdated and obsolete references, remove ambiguities and redundancies, and generally make the rule more understandable for the lay reader.

If you have any questions about the proposed rules, please contact me at, or (207) 287-4936.