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Last Monday, ‘ President/Owner Darryl Brown was on his concerns about the changes to the Site Location of Development Law. Darryl received this request from the board’s chair, who had attended Main-Land’s Farmington forum on the site law changes and was very concerned with what he heard. Betty Jespersen, a reporter from the Morning Sentinel who has covered the county for more than two decades, was at that Monday night board meeting, and wrote an extensive story for the Saturday Sentinel about Main-Land’s quest to bring awareness to the proposed changes, and the concerns of town planner as to what the impact might be if these updates are approved by the Maine Legislature.

You can , or read it below.

Land-use rule bill worries officials
By Betty Jespersen, Morning Sentinel Staff Writer

FARMINGTON — A proposed change to development rules by the Maine Department of Environmental Protection is a significant concern for the chairman of Farmington’s Planning Board.

“The changes are extensive enough … that we felt there should be more discussion,” said Chairman L. Herbert “Bussie” York.

One change would direct large-scale commercial and residential projects — a pellet mill, a Lowe’s Home Center or a 30-plus-lot subdivision — to be built within a town’s commercial center or designated growth area.

That may not be that much of a problem for towns with state-approved comprehensive plans that include established areas for future growth.

Towns without a plan, however, could find the DEP deciding where development should go, according to Darryl Brown, owner of Main-Land Development Inc. of Livermore Falls.

The proposed changes also would increase a development’s buffer areas around sensitive land, add more requirements for subdivisions and give the DEP authority to approve or reject site contractors.

Brown spoke before the Planning Board last week. Andrew Fisk, director of the DEP’s Bureau of Land & Water Quality, also spoke.

“We are not a lobbying firm … but we are here to discuss public policy that we do not agree with,” Brown said. “Not all the changes proposed are negative, but we have picked out the most onerous, and we feel the negatives far outweigh the positives.”

Brown said an example of a project that probably would be rejected under the proposed rule change would be a large residential subdivision in the Carrabassett Valley area.

“The proposed restrictions that would limit that type of development would allow no disturbance of slopes greater than 20 percent,” he said. “That would prohibit the construction of many roads across slopes to provide access to higher elevations.” Other proposed changes, he said, would limit road and driveway grades to 8 percent. “That is totally unrealistic in mountainous terrain,” he said.

“In nearly four decades as a land planner, never have I been more worried about the impact of a piece of legislation than I am now,” Brown said.

DEP’s Fisk said the agency realizes that significant policy changes are being proposed, “but the vast majority of the rule changes are already in the law.”

Under the proposed legislation, if a community has no state-approved local comprehensive plan, large-scale projects could not be permitted in that town, Fisk said.

He said specifics of proposed rule changes, such as in buffers, setbacks and slopes, still are being worked out as public comments come in. He said the law and rules had not been modified for years. The agency decided to do a complete overhaul of the system, rather than doing it piecemeal, to present the public a comprehensive view of the law.

The site development law was created in the 1970s to regulate land development of large projects.

Farmington’s code enforcement officer, Steve Kaiser, agrees that the state planning process could use improvement — such as getting towns more help with their comprehensive plans — and said he would welcome that change.

“But making such substantial changes to such a long-standing law needs to be thoroughly vetted,” Kaiser said. “I think Farmington will be in good shape because we have such good local control. This will be more of a problem in the smaller towns that have not enacted good ordinances.”

Brown said the DEP has not done enough to get the word out to landowners, developers, town officials and communities. Meetings the agency held in Augusta and Portland were not well advertised and even his own office was not notified, he said.

Fisk said the public will have a chance to comment at later meetings and hearings.

“This is not about the state seizing authority,” he said. “We have had very constructive feedback during these meetings, and we will make changes and come up with responsible rules.”

Following on proposed changes to DEP’s site law, President/Owner Darryl Brown sent a letter to the editor of the Bethel Citizen, expressing thanks for the outpouring of support we received at the forum, and continuing the call to challenge the MDEP proposal. It ran in the latest edition of the paper.

You can read his letter below, or link to it .

We will continue to write letters to our legislators and local media, and we encourage you to do the same. As we are already seeing, these efforts do make a major difference.

To the Editor,

On behalf of myself and my staff at Main-Land Development Consultants, we’d like to thank the 75 or so concerned citizens who attended our Feb. 25 forum co-sponsored by the Bethel Area Business Association on the Maine Department of Environmental Protection’s proposed revisions to the Site Location of Development Law and its related rules.

As I stressed during our presentation, never in my 37 years as a land use consultant have I been more concerned about the consequences of a piece of planning legislation than I am now. Based on our deep understanding of the current site law and our careful review of the proposed changes to it, I truly believe if these new initiatives are implemented, development in Maine will come to a standstill. In these trying economic times, our state leaders must be encouraging thoughtful, responsible growth in our communities, not outlawing it.

Many of the developers our firm works with throughout western Maine also live and recreate in the region, largely because they have a deep appreciation and respect for the area’s natural resources. Given this, they care just as much as the good folks at the Maine DEP do about protecting what makes western Maine so special. Recent growth in the greater Bethel area that has attracted many visitors and the important job and revenue opportunities that are created as a result while concurrently preserving the region’s resources is a testament to this. It also illustrates the effectiveness of the development laws already on the books. Sadly, many of the very projects that have been such a boom to the Bethel area in the past five years would have been flat-out prohibited under the proposed law and rule changes, without ever having been given a chance for review by the town’s planners.

Micromanaging a developer’s contractor list or requiring evidence of a loan or line of credit before a project is even approved doesn’t fulfill the Maine DEP’s stated mission to “protect and enhance the public’s right to use and enjoy the State’s natural resources.” Instead, it ties the hands of those looking to invest in our towns and robs local government of the control over their communities.

The fact that so many greater Bethel area citizens — from bankers to builders to Planning Board members — attended our forum speaks to the region’s clear commitment to its future and the smart growth that will ensure that future is a prosperous one. It is we the people who are the strongest stewards of our communities and as long as we continue to speak up, it will hopefully remain that way.

Darryl Brown
President/Owner Main-Land Development Consultants

Skowhegan forum to consider impact of proposed land development law changes
The event is being put on by the Livermore Falls based Main-Land Development Consultants

SKOWHEGAN- An upcoming public forum will allow area residents to learn more about massive reforms to Maine’s land development policy being proposed by the state’s Department of Environmental Protection.

The March 19 forum is the fifth in a series of seven forums around central and western Maine being put on by Main-Land Development Consultants-a Livermore Falls-based land planning firm - in response to controversial changes being proposed by the Maine DEP to the Site Location of Development Law.

Darryl Brown, president/owner of Main-Land and a former legislator, said he initiated the series over concerns that the proposed changes to the law and rules related to it could drastically slow down - if not all together stop - development in the state. Each of the first four forums has been attended by dozens of people, including members of the Maine Legislature, town officials, Realtors, bankers, developers and even representatives from the Maine DEP.

The Act to Update the Site Location of Development Law, sponsored by Rep. Bob Duchesne (D- Hudson), does not yet have an LD (legislative document) number but is expected to be taken up this session, says Brown.

If enacted, it would limit large scale non-residential development to designated growth zones, urban compact zones, census designated areas or those areas served by public sewer systems. Meanwhile, if a residential development larger than 30 acres is proposed outside these zones, that development would be classified as a conservation subdivision, requiring the preservation of at least 55 percent of the land area.

The law changes would also prohibit the disturbances of slopes 20 percent or greater, which could limit projects in Maine’s mountainous regions, especially in the western part of the state, and give the state the authority to review proposed project contractors.

“In nearly four decades as a land planner, never have I been more worried about the impact of a piece of legislation than I am now,” explained Brown, who along with engineers from his firm, will be presenting an overview of the DEP’s proposal and its potential impacts on western Maine at the forum. “This would essentially prohibit development in rural Maine and the jobs and revenue it brings. In these trying economic times, we should be encouraging investment in our communities, not legislatively preventing it.”

DEP has held informational meetings on its plan in Portland and Augusta, which Brown and his staff attended, but he says many western Maine small business owners didn’t know about those meetings, or have the time to go to. He hopes through the forums, stakeholders will be educated about the law and rules changes that are proposed, and be empowered to participate in future public hearings when the state Legislature considers the act later this session.

“We want these forums to be educational, not accusatory,” stressed Brown. “From our perspective, there are both positive and negative portions of the MDEP’s proposal and it is our objective to simply present to people potential impacts of the changes in their area so that if they wish, they can be an informed voice in the process of developing this public policy that will shape the landscape of Maine’s future.”

The forum will be held from 8 to 9:30 a.m. on Thursday, March 19 at the Skowhegan Community Center at 39 Poulin Drive. It is open to the public and coffee and light refreshments will be provided.

Subsequent forums will be held in Auburn (March 24) and Kingfield (March 26).

For more information, contact Darryl Brown at 897-6752 or darryl@main-landdevelopment.com.

ABOUT MAIN-LAND DEVELOPMENT CONSULTANTS
has been providing land use planning services including , , , , and to both public and private projects throughout western Maine and beyond since 1974. The company, now in its 35th year, is based in Livermore Falls and can be found online at . For more information, call (207) 897- 6752.

ran a story in its Saturday paper about our next few forums in central and western Maine on the changes to Site Law. The story also mentions ‘ owner/president Darryl Brown’s invitation to present the impacts of the proposed changes at the Farmington Planning Board. We are so appreciative of the media coverage we’ve received thus far in the series and think it reflects just how important responsible land development is to Mainers. This is no small issue and the groundswell of support and interest we’ve seen around central and western Maine certainly proves that. You can read the article below, or .

Forums to explain land-use laws
BY BETTY JESPERSEN, Morning Sentinel Staff Writer

Upcoming public forums in Skowhegan and Kingfield and at the next Farmington Planning Board meeting will allow area residents to learn more about significant changes to Maine’s land-development policy being proposed by the state’s Department of Environmental Protection.

The forums around central and western Maine are being put on by Main-Land Development Consultants, a Livermore Falls-based land planning firm, in response to changes being proposed by the state to the Site Location of Development Law, said Darryl Brown, president/owner of Main-Land.

He said he initiated the series over concerns that the proposed changes to the law and rules could drastically slow down, if not stop, development in the state.

On Monday, the Farmington Planning Board will discuss the proposed changes at their meeting at 7 p.m. at the Farmington Municipal Building at 153 Farmington Falls Road.

The Skowhegan forum will be from 8 to 9:30 a.m. Thursday, March 19 at the Skowhegan Community Center at 39 Poulin Drive. And the Kingfield forum will be held from 8 to 9:30 a.m. Thursday, March 26 at Webster Hall at 38 School St.

The forums are all open to the public; coffee and light refreshments will be provided.

The forums held so far have been attended by town officials, community members, legislators, Realtors, bankers and developers. Representatives from the Maine DEP have also been invited.

Brown was invited to the Farmington Planning Board meeting by Chairman Herbert “Bussie” York.

York attended the forum held in Farmington earlier this month and said he found the changes so concerning that he asked Brown to meet with the town’s planners and other officials including selectmen.

The Act to Update the Site Location of Development Law, sponsored by Rep. Bob Duchesne (D-Hudson), is expected to be taken up by the Legislature this session, said Brown.

If enacted, it would limit large-scale, non-residential development to designated growth zones, urban compact zones, U.S. Census-designated growth areas or those areas served by public sewer. Meanwhile, if a residential development larger than 30 acres is proposed outside these zones, it would be classified as a “conservation subdivision” and at least 55 percent of the land area would have to be preserved, Brown said.

The law changes would also prohibit the disturbances of slopes 20 percent or greater, which could limit projects in Maine’s mountainous regions and it would give the state the authority to review proposed project contractors.

Main-Land’s President Darryl Brown to present impact of proposed land development law changes to Farmington Planning Board

FARMINGTON- Upon the invitation of Farmington Planning Board Chairman Bussie York, Darryl Brown, president/owner of the Livermore Falls based (MLDC), will give a guest presentation to that board at its Monday evening meeting considering the impact on Franklin County of revisions to the Site Location Development Law being proposed by the Maine Department of Environmental Protection.

Brown and engineers from his firm have been traveling throughout western Maine for the past two months giving a series of presentations in an effort to educate people about the MDEP proposal, which they believe if enacted this session by the Maine Legislature will drastically slow down- if not altogether stop- development in Maine. Following their forum in Farmington earlier this month, York, who was in attendance, found the changes so concerning that he asked Brown to come share them with the town’s planners and other officials including selectmen.

WHO: Darryl Brown, President/Owner of Main-Land Development Consultants; the Farmington Planning Board; and other Farmington town officials.

WHAT: Presentation on the Act to Update the Site Location of Development Law –sponsored by Rep. Bob Duchesne (D- Hudson)– and its impacts on Franklin County.

WHERE: Farmington Town Office basement

WHEN: 7 p.m. Monday, March 16 (Agenda item #4)

WHY: If enacted, the Act to Update the Site Location of Development Law would limit large scale non-residential development to designated growth zones, urban compact zones, census designated areas or those areas served by public sewer systems. It would also prohibit the disturbances of slopes 20 percent or greater, limiting projects in Maine’s mountainous regions, and give MDEP the authority to approve or reject site contractors selected for project construction.

Alison Aloisio, a reporter from the who wrote in advance of our first forum in Bethel on the potential impact of changes to the Site Location of Development Law, has followed that up with - a very informative piece profiling that presentation.

For those who were unable to attend our forum in Bethel or who simply want a better understanding of this complex issue, Alison’s story is a must read, as it provides an overview of our presentation and gives an in-depth look at what the potential impact of these proposed changes could be, both literally in terms of what the laws and rules will allow, and indirectly, through the loss of economic and cultural investment in our communities.

You can , or read it below:

Business group blasts DEP’s proposed new growth regs
By Alison Aloisio, The Bethel Citizen

“In these economic times, how sensible is this?” asked Darryl Brown of Main-Land Development Consultants.

Brown posed the question last week at a Bethel forum of developers, contractors and others who are worried about proposed changes to state land use laws and rules.

The gathering, which drew about 100 people, was organized by Main-Land and the Bethel Area Business Association.

The changes, proposed by the Maine Department of Environmental Protection, would tighten restrictions within the Site Location of Development Law.

The law governs medium and large-scale development, both commercial and residential.

Brown said stricter rules would “dramatically slow down, if not stop, major development in the state of Maine. I don’t think any time is a good time for these changes to occur. But especially now. It blows my mind that a state agency would even consider these kinds of changes in the economic climate that we’re in.”

The proposed changes are so sweeping, others at the meeting said, that several existing large hillside subdivisions in this area would not have been possible had the rules already been in place.

Some of the rule changes proposed would limit road grades to 8 percent, and prevent disturbing the land on slopes over 20 percent. Clearing within 250 feet of ridgelines would be prohibited.

“Under these rules, you’d have no Peaks, no Merrill Hill, no Locke Mountain, no Timber Creek, no Powder Ridge,” said developer Ron Savage. “Those subdivisions would be non-existent. You couldn’t do it.”

Also raising the ire of attendees were rule change proposals including:

1) A provision giving DEP the authority to consider a developer’s “prior conduct” in reviewing permit applications. Previous violations resulting in enforcement actions could trigger a requirement that the developer show specifically how he will ensure the project will meet state environmental standards, such as by providing a performance bond.

2) A limit of 5,000 square feet for a residential lot building envelope (the dimension includes the home, driveway and space to conduct construction operations). Main-Land presenters said such restrictions would result in a typical house size of 20x35, with a 20x20 garage and a 10x60 driveway.

3) A limit on large-scale, non-residential development to designated growth zones, urban compact zones, census designated areas or those areas served by public sewer systems. And if a residential development larger than 30 acres is proposed outside these zones, that development would be classified as a conservation subdivision, requiring the preservation of at least 55 percent of the land area.

4) Requirements to provide more vegetative buffers.

5) A requirement that proposed developments may not have an “unreasonable impact on a scenic resource.” Presenters said the requirement was poorly defined.

The presenters praised some portions of the proposals, including clarification of existing rules and simplification of permits for minor modifications to projects.

Rick Savage said current DEP requirements are already so complex that developers and contractors have a hard time following them.

He said his lawyer had looked at a subdivision Savage was working on and commented on the difficulty in pinpointing lot locations within the rule requirements.

“My lawyer looked at it and said, ‘I don’t know how you figure it out at all,’” Savage said.

Transparency

Brown said that in addition to the proposed changes themselves, there had been a lack of transparency in the proposal process.

Public informational meetings that took place in Maine’s cities were advertised “hardly at all,” Brown said. “The word isn’t being gotten out.”

He also said there had been little explanation for the proposed changes.

The law-change portion of the proposals is expected to go before the Legislature during the current session, and Brown encouraged those interested to request and attend public hearings, as well as contact their legislators.

DEP response

James Cassida, DEP’s licensing coordinator for the Bureau of Land & Water Quality, was asked to comment Tuesday on some of the concerns highlighted at the forum.

Regarding the purpose for the changes, Cassida said, “There is a clear connection between state and local decision making envisioned in the Site Law, and as municipal decision making in the form of local planning evolves, so too should the Site Location of Development Act. There is a reasonable need to routinely revisit the basis and requirements of land use law at the state and local level in order to ensure that Maine’s quality of place and economy grow and improve together.”

Cassida said the limitation regarding disturbance of 20 percent slopes would prevent development “where it is very difficult to stabilize roads and lots, both short term and long term. The concept was that developers would avoid placing structures such as roads and houses in the areas of greater than 20 percent grade, but could otherwise develop around these areas. We are currently looking at this standard closely to ensure that it does not unduly limit the ability of developments to occur in mountain regions.”

Regarding the 8 percent grade limit on roads, Cassida said that the current rules state that road grades must be kept below 10 percent, except for short distances where grade may exceed 10 percent. “In the new rule we have added the language “unless otherwise approved by the department,” which, we believe, creates greater flexibility than the existing rule for developers.”

Regarding the presenters’ example of the 5,000-square-foot limit on a building envelope, Cassida said, “there is 3,300 square feet of development that can still occur beyond those structures. Therefore, it is misleading to say that with a 5,000-square-foot development window can only result in a house, garage and driveway of that size on a lot. The 5,000-square-foot limit on development windows is intended to encourage developments to limit the overall footprint within residential subdivisions. We are currently looking at this standard as well to ensure that it does not unduly limit the ability of developments to occur in a reasonable manner.”

As for the timing of the proposed changes, Cassida said, “the department is very interested in ensuring that conversations regarding development standards and requirements occur with the state of the local and national economy in mind. These are discussion draft proposals that are worthy of spirited and thoughtful debate. Good development done well is a valuable asset for the property owner as well as the Maine economy.”

DEP web site

In early September 2008, a notice of the proposed changes appeared on the DEP website.

A Web page was titled, “Invitation to participate in the Site Location of Development Law — Discussion Open Forum.”

The invitation said that DEP was exploring statutory and rule changes “in consideration of current state, regional and national environmental initiatives.

“The process may involve statutory changes pertaining to broad issues such as climate change, smart growth incentives, and design criteria as well as significant edits to current rules to clarify department policies which are currently in place.

“… a series of open discussion forums have been scheduled to gather input that will help the department better understand the needs and concerns of developers, contractors, consultants and planners.

“We encourage broad public participation, and look forward to your participation.”

Contact information and a schedule of public forums for early October followed.

More information on the bill is available at www.maine.gov/dep/blwq/docstand/sitelaw/2009/index.htm.

LIVERMORE FALLS- Charles Buker, a surveyor at Main-Land Development Consultants, has been promoted to chief of surveying.

In his new position, Buker, 28, is responsible for overseeing the firm’s seven-person survey crew as they complete survey work throughout Franklin, Oxford, Somerset and Kennebec counties. In addition to coordinating surveyor schedules, he also performs boundary and topographic surveys and assists Main-Land engineers in site design.

He is the firm’s youngest-ever chief of surveying.

Buker joined Main-Land in 2002 as a survey technician, directly following his graduation from the University of Maine with a Bachelor of Science degree. He is a member of the Maine Society of Land Surveyors and the American Congress on Surveying and Mapping.

“As chief of surveying, Charles will provide our company’s clients a consistent and informed point of contact who will ensure expedited and accurate resolution of all land survey inquiries,” said Darryl Brown, president of Main-Land Development Consultants. “Having grown up in Androscoggin County and graduating from the University of Maine at Orono makes Charles a particularly valuable member of our team as he understands and appreciates the places where our clients are planning projects.”

A graduate of Edward Little High School, Buker and his wife, Whitney, live in Auburn.

to read more about our surveying services or to contact Charles about a potential project.

ABOUT MAIN-LAND DEVELOPMENT CONSULTANTS
has been providing land use planning services including , , , , and to both public and private projects throughout western Maine and beyond since 1974. The company, now in its 35th year, is based in Livermore Falls and can be found online at . For more information, call (207) 897- 6752.

Bridgton forum to consider impact of proposed land development law changes
The event is being put on by the Livermore Falls based Main-Land Development Consultants

BRIDGTON- An upcoming public forum will allow area residents to learn more about massive reforms to Maine’s land development policy being proposed by the state’s Department of Environmental Protection.

The March 17 forum is the fourth in a series of seven forums around western Maine being put on by Main-Land Development Consultants-a Livermore Falls-based land planning firm - in response to the Maine DEP’s proposed changes to the Site Location of Development Law.

75 people attended the first forum in the series, held in Bethel on February 25.

Darryl Brown, president/owner of Main-Land and a former legislator, said he initiated the series over concerns that the proposed changes to the law and rules related to it could drastically slow down - if not all together stop - development in the state.

The Act to Update the Site Location of Development Law, sponsored by Rep. Bob Duchesne (D- Hudson), does not yet have an LD (legislative document) number but is expected to be taken up this session, says Brown.

If enacted, it would limit large scale non-residential development to designated growth zones, urban compact zones, census designated areas or those areas served by public sewer systems. Meanwhile, if a residential development larger than 30 acres is proposed outside these zones, that development would be classified as a conservation subdivision, requiring the preservation of at least 55 percent of the land area.

The law changes would also prohibit the disturbances of slopes 20 percent or greater, which could limit projects in Maine’s mountainous regions, and give the state the authority to review proposed project contractors.

“In nearly four decades as a land planner, never have I been more worried about the impact of a piece of legislation than I am now,” explained Brown, who along with engineers from his firm, will be presenting an overview of the DEP’s proposal and its potential impacts on western Maine at the forum. “This would essentially prohibit development in rural Maine and the jobs and revenue it brings. In these trying economic times, we should be encouraging investment in our communities, not legislatively preventing it.”

DEP has held informational meetings on its plan in Portland and Augusta, which Brown and his staff attended, but he says many western Maine small business owners didn’t know about those meetings, or have the time to go to. He hopes through the forums, stakeholders will be educated about the law and rules changes that are proposed, and be empowered to participate in future public hearings when the state Legislature considers the act later this session.

“We want these forums to be educational, not accusatory,” stressed Brown. “From our perspective, there are both positive and negative portions of the MDEP’s proposal and it is our objective to simply present to people potential impacts of the changes in their area so that if they wish, they can be an informed voice in the process of developing this public policy that will shape the landscape of Maine’s future.”

The forum will be held from 8 to 9:30 a.m. on Tuesday, March 17 at the Bridgton Town Office at 3 Chase Street. It is open to the public and coffee and light refreshments will be provided.

Subsequent forums will be held in Skowhegan (March 19), Auburn (March 24) and Kingfield (March 26).

For more information, contact Darryl Brown at 897-6752 or darryl@main-landdevelopment.com.

ABOUT MAIN-LAND DEVELOPMENT CONSULTANTS
has been providing land use planning services including , , , , and to both public and private projects throughout western Maine and beyond since 1974. The company, now in its 35th year, is based in Livermore Falls and can be found online at . For more information, call (207) 897- 6752.

WHO: Darryl Brown, President/Owner of Main-Land Development Consultants; Tom DuBois and Bob Berry, Engineers at MLDC; and area developers, Realtors, town officials, etc.

WHAT: Presentation on the Act to Update the Site Location of Development Law –sponsored by Rep. Bob Duchesne (D- Hudson)– and its impacts to the western Maine region and beyond followed by public discussion.

WHERE: Norway Legion Hall, 82 Main Street in Norway

WHEN: 8 a.m. - 9:30 a.m. Friday, March 6

WHY: If enacted, the Act to Update the Site Location of Development Law would limit large scale non-residential development to designated growth zones, urban compact zones, census designated areas or those areas served by public sewer systems. It would also prohibit the disturbances of slopes 20 percent or greater, limiting projects in Maine’s mountainous regions, and give MDEP the authority to approve or reject site contractors selected for project construction.

Norway/South Paris forum to consider impact of proposed land development law changes
The event is being put on by the Livermore Falls based Main-Land Development Consultants

NORWAY- An upcoming public forum will allow area residents to learn more about massive reforms to Maine’s land development policy being proposed by the state’s Department of Environmental Protection.

The March 6 forum is the third in a series of seven forums around western Maine being put on by Main-Land Development Consultants-a Livermore Falls-based land planning firm - in response to the Maine DEP’s proposed changes to the Site Location of Development Law.

75 people attended the first forum in the series, held in Bethel on February 25.

Darryl Brown, president/owner of Main-Land and a former legislator, said he initiated the series over concerns that the proposed changes to the law and rules related to it could drastically slow down - if not all together stop - development in the state.

The Act to Update the Site Location of Development Law, sponsored by Rep. Bob Duchesne (D- Hudson), does not yet have an LD (legislative document) number but is expected to be taken up this session, says Brown.

If enacted, it would limit large scale non-residential development to designated growth zones, urban compact zones, census designated areas or those areas served by public sewer systems. Meanwhile, if a residential development larger than 30 acres is proposed outside these zones, that development would be classified as a conservation subdivision, requiring the preservation of at least 55 percent of the land area.

The law changes would also prohibit the disturbances of slopes 20 percent or greater, which could limit projects in Maine’s mountainous regions, like the greater Norway/South Paris area.

“In nearly four decades as a land planner, never have I been more worried about the impact of a piece of legislation than I am now,” explained Brown, who along with engineers from his firm, will be presenting an overview of the DEP’s proposal and its potential impacts on western Maine at the forum. “This would essentially prohibit development in rural Maine and the jobs and revenue it brings. In these trying economic times, we should be encouraging investment in our communities, not legislatively preventing it.”

DEP has held informational meetings on its plan in Portland and Augusta, which Brown and his staff attended, but he says many western Maine small business owners didn’t know about those meetings, or have the time to go to. He hopes through the forums, stakeholders will be educated about the law and rules changes that are proposed, and be empowered to participate in future public hearings when the state Legislature considers the act later this session.

“We want these forums to be educational, not accusatory,” stressed Brown. “From our perspective, there are both positive and negative portions of the MDEP’s proposal and it is our objective to simply present to people potential impacts of the changes in their area so that if they wish, they can be an informed voice in the process of developing this public policy that will shape the landscape of Maine’s future.”

The forum will be held from 8 to 9:30 a.m. on Friday, March 6 at the Norway Legion Hall at 82 Main Street. It is open to the public and coffee and light refreshments will be provided.

Subsequent forums will be held in Bridgton (March 17), Skowhegan (March 19), Auburn (March 24) and Kingfield (March 26).

For more information, contact Darryl Brown at 897-6752 or darryl@main-landdevelopment.com.

ABOUT MAIN-LAND DEVELOPMENT CONSULTANTS
has been providing land use planning services including , , , , and to both public and private projects throughout western Maine and beyond since 1974. The company, now in its 35th year, is based in Livermore Falls and can be found online at . For more information, call (207) 897- 6752.

Reporter Leslie Dixon from the did a great job letting that paper’s Oxford Hills readers know about our Site Law impact forum series

Here is her story, which ran in March 3, 2009 issue of the Sun Journal ():

Site development change subject of forums
By Leslie H. Dixon , Staff Writer

NORWAY - The impact of proposed legislation designed to limit large-scale nonresidential development to specific areas will be the topic of public forums this month in Norway, Bridgton, Auburn and Kingfield.

If enacted, the Act to Update the Site Location of Development Law would limit large scale nonresidential development to designated growth zones, urban compact zones, census designated areas or those areas served by public sewer systems, according to Darryl Brown, president of the .

The legislation and would also prohibit disturbance of slopes 20 percent or greater, limiting projects in Maine’s mountainous regions, and give the Department of Environmental Protection the authority to approve or reject site contractors selected for project construction.

It is sponsored by Rep. Bob Duchesne, D-Hudson,

“We’re not trying to be confrontational,” Brown said Monday. “That’s not our goal. Our goal is to educate. Very few people knew this was happening.”

Local officials, including town managers, Planning Board members, and others such as builders and attorneys have been invited to the first forum from 8 to 9:30 a.m. Friday, at the Norway Legion Hall on Main Street.

Forums are also scheduled for Bridgton on March 17, Auburn on March 24 and Kingfield March 26.

Brown said the proposed amendment to the existing site laws developed in the 1970s would require developments of certain size be restricted to specific areas such as growth areas. “There are some 200 towns that don’t even have comprehensive plans,” said Brown of the step towns must take before a growth area can be designated.

For example, he said, if Lowe’s wanted to locate in Waterford it would be impossible under the pending legislation because Waterford has no urban compact zone, growth area or public sewer. Norway and Paris have public sewer, but it is not far reaching, making development difficult, he said.

Brown said the legislation also proposed that if a developer can not place a residential subdivision in a growth area, it can be placed outside of one but only if 55 percent of the land area is donated to open space or conservation land.

In addition to Brown, Tom DuBois and Bob Berry, engineers at Main Land Development Consultants will be at the forum.