Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT
Section 096-380-2 - Definitions

Universal Citation: 06 ME Code Rules ยง 096-380-2

Current through 2024-38, September 18, 2024

As used in this chapter, the following terms have the following meanings.

A. Long-term construction project. A long-term construction project is a project authorized by an individual permit or amendment issued pursuant to the Site Law for construction that either is not anticipated at the time of approval to be substantially completed, or is not substantially completed, within ten years from the date of approval.

A long-term construction project that is not anticipated to be completed within ten years typically occupies large areas of land that will be developed over a significant period of time, such as a large-scale mixed-use development, airport, school or postsecondary institution or ski resort.

(1) Amendments. An initial long-term construction project and any subsequent amendments are considered individually, when determining whether a project is not substantially completed within ten years from the date of approval.
(a) For example, if a development is permitted on 10/1/2015, then it would be considered "long-term" if not substantially completed by 10/1/2025, except where amended as provided in (b).

(b) For example, if a development is permitted on 10/1/2015, and an amendment to a permit was issued on 10/1/2021, then the area subject to the amendment would be considered long-term if not substantially completed by 10/1/2031, and the remainder of the original development would be considered long-term if not substantially completed by 10/1/2025.

(2) Permit by rule or minor revision. Determination of whether a project is a long-term construction project is not affected by the approval of a modification to the permit by means of a permit by rule or minor revision.

B. Substantially completed. For purposes of this chapter "substantially completed" means that all major construction is completed. Final landscaping, installation of permanent erosion control measures, signage, site clean-up, and similar minor activities may still be underway following substantial completion.

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