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STATE AND FEDERAL DEVELOPMENT REVIEW
There 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/depart.htm).
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.
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.
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.
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.
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.
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.
Sponsored by the Gorham Economic Development Corporation
For more information contact Tom Ellsworth
207-854-5077
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