2012 Maine Revised Statutes
TITLE 12: CONSERVATION
Chapter 206-A: USE REGULATION
12 §683-A. Creation of Maine Land Use Planning Commission

Part 2: FORESTS, PARKS, LAKES AND RIVERS

Subchapter 2: MAINE LAND USE PLANNING COMMISSION

§683-A. Creation of Maine Land Use Planning Commission

The Maine Land Use Planning Commission, as established by Title 5, section 12004-D, subsection 1-A to carry out the purposes stated in section 681, is created within the Department of Agriculture, Conservation and Forestry and in this chapter called "the commission." The commission is charged with implementing this chapter. The commission consists of 9 members, nominated in accordance with subsections 1 and 2. All nominations under this section are subject to review by the joint standing committee of the Legislature having jurisdiction over conservation matters and to confirmation by the Senate. [2011, c. 657, Pt. W, §5 (REV); 2011, c. 682, §7 (NEW).]

1. Nomination by the Governor. Except as provided in subsection 2, the Governor shall nominate one member to the commission. In selecting a nominee, the Governor shall actively seek and give consideration to persons residing in or near the unorganized and deorganized areas of the State and to persons residing on unorganized coastal islands. A nominee under this subsection must be familiar with the needs and issues affecting the commission's jurisdiction and must:

A. Reside in the commission's jurisdiction; [2011, c. 682, §7 (NEW).]

B. Work in the commission's jurisdiction; [2011, c. 682, §7 (NEW).]

C. Be a former resident or be retired after having worked for a minimum of 5 years within the commission's jurisdiction; or [2011, c. 682, §7 (NEW).]

D. Have expertise in commerce and industry, fisheries and wildlife, forestry or conservation issues as they relate to the commission's jurisdiction. [2011, c. 682, §7 (NEW).]

[ 2011, c. 682, §7 (NEW) .]

2. Members representing a county. One member must be nominated by each of the 8 counties with the most acreage in the unorganized or deorganized areas subject to the jurisdiction of the commission. The county commissioners of each of the counties shall nominate a resident of that county to serve as a member of the commission. A county commissioner nominated to serve on the commission may not vote on that nomination. In making nominations, the county commissioners shall actively seek and give consideration to persons residing in or near the unorganized or deorganized areas within the county.

A nominee under this subsection must have expertise in commerce and industry, fisheries and wildlife, forestry or conservation issues as they relate to the commission's jurisdiction and must:

A. Reside in the commission's jurisdiction; [2011, c. 682, §7 (NEW).]

B. Work in the commission's jurisdiction; or [2011, c. 682, §7 (NEW).]

C. Be a former resident or be retired after having worked for a minimum of 5 years within the commission's jurisdiction. [2011, c. 682, §7 (NEW).]

If a county fails to nominate a member to the commission under this subsection within 90 business days of a vacancy on the commission to be filled by that county, the Governor shall nominate a resident of that county meeting the criteria in subsection 1 to fill the vacancy.

[ 2011, c. 682, §7 (NEW) .]

3. Eligibility. A state employee may not be appointed to or serve as a member of the commission. A county commissioner, county employee, municipal official or municipal employee is not considered to hold an incompatible office for purposes of simultaneous service on the commission. If a county or municipality is a participant in an adjudicatory proceeding before the commission, a commissioner, official or employee from that county or municipality may not participate in that proceeding as a member of the commission.

[ 2011, c. 682, §7 (NEW) .]

4. Terms. All members are appointed to 4-year terms. Any member who has not been renominated by the Governor or the county commissioners prior to the expiration of that member's term may not continue to serve on the commission, unless the Governor notifies the Legislature in writing prior to the expiration of that member's term that extension of that member's term is required to ensure fair consideration of specific major applications pending before the commission. That member's term ends upon final commission decisions on the specific applications identified in the Governor's communication. Any member renominated by the Governor prior to the expiration of that member's term shall continue to serve on the commission until the nomination is acted upon by the Legislature. A vacancy during an unexpired term is filled as provided in this section, but only for the unexpired portion of the term.

[ 2011, c. 682, §7 (NEW) .]

5. Rules. Unless otherwise provided in this chapter, rules adopted by the commission under this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

[ 2011, c. 682, §7 (NEW) .]

SECTION HISTORY

2011, c. 657, Pt. W, §5 (REV). 2011, c. 682, §7 (NEW).