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are several state and federal requirements
that apply to new or expanded development
projects in Gorham. A prospective developer
must undergo approval and permit processes
as designated by certain state or federal
laws. Listed below are summaries of the major
regulations affecting a project initiated
in the Town of Gorham. For more detailed information,
contact the applicable department
or agency directly (or visit http://www.state.me.us). |
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Site
Location of Development Law
The Site Location of Development Law was created
by the state to control the location of larger
developments so that they have a minimal adverse
impact on the natural environment within the
development sites and their surroundings,
as well as protecting the general welfare
of the people. Any person intending to construct,
operate, sell or lease a large development
that may substantially affect the environment
must first obtain an approval permit from
the Maine Department of Environmental Protection
(DEP). Unless a development threshold is crossed,
a permit does not need to be obtained. Revised
development thresholds effective July 1, 1997,
apply to:
Residential Subdivisions: The division
of a parcel of land into 15 or more residential
lots involving more than 100 acres after July
1, 1997.
Commercial Subdivisions: A commercial
subdivision is the division of a parcel of
land into 5 or more commercial or industrial
lots offered for sale or lease to the public
over a 5 year period which combine to make
up a land area of more than 20 acres. Refer
to Title 38 of the Maine Revised Statutes
Annotated, Sections 481-490, or contact the
DEP.
The Gorham Industrial Park has already been
approved as a subdivision under the DEP approval
process in 1971 and in 1989.
Structures: A structure refers to
buildings, parking lots, roads, paved areas,
wharves or areas to be stripped or graded
and not to be revegetated that cause a total
project to occupy a ground area in excess
of 7 acres. Stripped or graded areas that
are not revegetated within a calendar year
are included in calculating the 7-acre threshold.
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Natural
Resources Protection Act (NRPA)
The State Natural Resources Protection Act
ensures the protection of Maine's rivers and
streams, great ponds, fragile mountain areas,
freshwater and coastal wetlands, significant
wildlife habitat and coastal sand dune systems.
Any person must obtain a permit from the Department
of the Environment if they intend to perform
a development activity that is:
- in, on or over any protected natural
resource; or
- on land adjacent to any freshwater or
coastal wetland, great pond, river, stream
or brook and operates in such a manner
that material or soil may be washed into
them.
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Activities
requiring a permit include:
- Dredging, bulldozing, removing or displacing
soil, sand, vegetation or other materials;
- Draining or otherwise dewatering;
- Filling, including adding sand or other
material to a sand dune; or
- Any construction, repair or alteration
of any permanent structure.
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Federal
Wetland Alteration Permits
The US Environmental Protection Agency (EPA)
and the Army Corps of Engineers share the
responsibility of protecting and regulating
the nation's wetlands. These two federal bodies
define a wetland as:
"Those areas that are inundated
or saturated by surface or groundwater at
a frequency and duration sufficient to support,
and that under normal circumstances do support,
a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs,
and similar areas" (40
CFR Part 230.3(t)).
Section 104 of the Clean Water Act regulates
the discharge of dredged or fill material
into all waters of the United States, including
wetlands. Most types of development or construction
in or next to water bodies entail some discharge
of material and thus requires a permit. Residential
and industrial development such as highways,
marinas, dams, buildings and utilities involving
wetlands typically fall under the purview
of the program. The state and federal governments
have adopted a coordinated system of permits
for wetland activities. The Maine DEP is responsible
for accepting applications and issuing or
denying permits.
There are regulated wetlands in Gorham, particularly
along the major river systems, but no major
wetlands have been identified in or around
the Industrial Park. |
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Subdivision
Law
The State Subdivision Law requires municipalities
to review and approve proposed or expanded
subdivisions. Under this regulation, a subdivision
refers to a division of a parcel of land into
three or more lots within any five-year period
that begins on or after September 23, 1971.
The term subdivision also includes the division
of an existing structure previously used for
commercial or industrial purposes into three
or more dwelling units. In accordance with
this law, the Gorham Planning Board must review
and approve any proposed subdivision or resubdivision
initiated by a developer. The Gorham Industrial
Park has already been approved on the local
level, but any further divisions require approval
by the Town. |
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Entrance
Permits
A new or proposed development requiring driveway,
entrance or approach off a state-maintained
road must apply for a permit from the Maine
Department of Transportation (MDOT) in Scarborough.
If an existing access road is changed in degree
or kind of use, a permit shall also be required.
Once an application is made, a full evaluation
of the proposed site is conducted by DOT officials
before an approval can be issued. Approval
officers evaluate a site based on location,
traffic counts, speed limits and other factors
associated with protecting the safety of the
traveling public.
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