12 §683. Creation of Maine Land Use Regulation Commission - Maine Statutes

Title 12: CONSERVATION

Part 2: FORESTS, PARKS, LAKES AND RIVERS

Chapter 206-A: USE REGULATION

Subchapter 2: MAINE LAND USE REGULATION COMMISSION

§683. Creation of Maine Land Use Regulation Commission

The Maine Land Use Regulation Commission, as established by Title 5, section 12004-D, subsection 1 to carry out the purposes stated in section 681, is created within the Department of Conservation, and in this chapter called the "commission." The commission is charged with implementing this chapter in all of the unorganized and deorganized areas of the State. The commission consists of 7 public members, none of whom may be state employees, who must be appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over conservation matters and to confirmation by the Legislature, for staggered 4-year terms. Appointees to the commission must be familiar with the needs and issues affecting the commission's jurisdiction. All appointees must reside in the commission's jurisdiction; work in the commission's jurisdiction; be a former resident or be retired after working within the commission's jurisdiction for a minimum of 5 years; or have expertise in commerce and industry, fisheries and wildlife, forestry or conservation issues as they affect the commission's jurisdiction. In selecting appointees, the Governor shall actively seek and give consideration to persons residing in or near the unorganized areas of the State and to persons residing on unorganized coastal islands. At least 3 members must be residents within the commission's jurisdiction. 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. [2009, c. 328, §1 (AMD).]

Any member who has not been renominated by the Governor 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. [1999, c. 333, §3 (AMD).]

SECTION HISTORY

1969, c. 494, (NEW). 1971, c. 457, §3 (AMD). 1971, c. 619, §1 (AMD). 1973, c. 460, §13 (AMD). 1973, c. 569, §6 (AMD). 1973, c. 698, (RPR). 1975, c. 616, §§1,2 (AMD). 1975, c. 771, §136 (AMD). 1979, c. 497, §1 (AMD). 1983, c. 812, §75 (AMD). 1985, c. 345, (AMD). 1987, c. 18, §1 (AMD). 1987, c. 132, (AMD). 1989, c. 503, §B55 (AMD). 1991, c. 76, (AMD). 1995, c. 3, §2 (AMD). 1997, c. 346, §1 (AMD). 1997, c. 549, §1 (AMD). 1997, c. 549, §2 (AFF). 1997, c. 683, §B6 (AMD). 1997, c. 683, §B7 (AFF). RR 1999, c. 1, §15 (COR). 1999, c. 333, §3 (AMD). 2009, c. 328, §1 (AMD).