Maine Code § 38-481

Findings and purpose
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The Legislature finds that the economic and social well-being of the citizens of the State of Maine
depends upon the location of state, municipal, quasi-municipal, educational, charitable, commercial
and industrial developments with respect to the natural environment of the State; that many
developments because of their size and nature are capable of causing irreparable damage to the people
and the environment on the development sites and in their surroundings; that the location of such
developments is too important to be left only to the determination of the owners of such developments;
and that discretion must be vested in state authority to regulate the location of developments which may
substantially affect the environment and quality of life in Maine. [PL 1987, c. 812, §§1, 18 (AMD).]
The Legislature further finds that certain geological formations particularly sand and gravel
deposits, contain large amounts of high quality ground water. The ground water in these formations is
an important public and private resource, for drinking water supplies and other industrial, commercial
and agricultural uses. The ground water in these formations is particularly susceptible to injury from
pollutants, and once polluted, may not recover for hundreds of years. It is the intent of the Legislature,
that activities that discharge or may discharge pollutants to ground water may not be located on these
formations. [PL 1981, c. 449, §3 (NEW).]
The purpose of this subchapter is to provide a flexible and practical means by which the State,
acting through the department, in consultation with appropriate state agencies, may exercise the police
power of the State to control the location of those developments substantially affecting local
environment in order to insure that such developments will be located in a manner which will have a
minimal adverse impact on the natural environment within the development sites and of their
surroundings and protect the health, safety and general welfare of the people. [PL 1989, c. 890, Pt.
A, §40 (AFF); PL 1989, c. 890, Pt. B, §84 (AMD).]
The Legislature further finds that noise generated at development sites has primarily a
geographically restricted and frequently transient impact that is best regulated at the municipal level
pursuant to a municipality's economic development and land use plans. It is the intent of the Legislature
that regulation of noise from developments be primarily the responsibility of local municipal
governments. [PL 1993, c. 383, §2 (AMD); PL 1993, c. 383, §42 (AFF).]

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