Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission)
Chapter 10 - LAND USE DISTRICTS AND STANDARDS
Current through 2024-38, September 18, 2024
Note: In response to P.L. 2011, ch.599 (enacting LD 1739), in management and protection districts (except for development areas in Resource Plan Protection Subdistricts (P-RP)), the Commission no longer is responsible for regulating timber harvesting, land management roads, water crossings associated with land management roads, and gravel pits less than five acres in size. The regulation of these activities has been transferred to the Maine Forest Service.
A GUIDE TO USING AND UNDERSTANDING THIS DOCUMENT
USING CHAPTER 10
UNDERSTANDING CHAPTER 10
Sub-Chapter I General Provisions
The General Provisions provide information on some of the Commission's rules of practice. For the typical applicant, the most useful sections of this chapter include Section 10.11 Nonconforming Uses and Structures. Other sections in this Sub-Chapter include: Interpretation of Land Use Standards, Exemptions, Variances, Penalties for Violations, and Appeals.
Sub-Chapter II Land Use Subdistricts
The Commission has established zoning subdistricts to protect important resources and prevent conflicts between incompatible uses. These subdistricts are grouped into three categories: Management, protection, and development subdistricts. Sub-chapter II describes these Land Use Subdistricts and identifies the specific activities that are allowed within each one. Applicants should first identify within which subdistricts their proposed activity is located by referring to a Land Use Guidance Map of the appropriate town, plantation or township. These maps may be obtained from any of the Commission's offices. After the correct subdistricts have been identified, the applicant should determine which of the six categories their proposed activity is listed under in the subdistrict description.
If a proposed activity is located under category:
a. Uses Allowed Without a Permit, the activity may be conducted without any further interaction with the Commission.
b. Uses Allowed Without a Permit Subject to Standards, the applicant must understand and comply with all relevant standards.
c. Uses Requiring a Permit, the applicant must submit a permit application to the Commission. If the Commission approves the application, the applicant must comply with all conditions and standards identified in the permit.
d. Special Exceptions, the applicant must submit a permit application to the Commission that also addresses the additional special exception criteria. The Commission will determine if the activity is allowed by special exception. If the Commission approves the application, the applicant must comply with all conditions and standards identified in the permit.
e. Uses Regulated by the Maine Forest Service, the applicant must consult the rules of the Maine Forest Service regarding any standards or permitting requirements that may apply.
f. Prohibited Uses, the activity is not allowed in the subdistrict.
Sub-Chapter III Land Use Standards
The Commission has established standards with which certain activities must comply. The standards are organized into four sections:
Section 10.24 General Criteria for Approval are statutory criteria that must be met for the Commission to approve any applications. These criteria include adequate provision for loading, parking and circulation of traffic and adequate provision for harmonious fit, among others.
Section 10.25 Development Standards are specific performance and design standards for permits associated with subdivisions, residential development, and commercial, industrial or other non-residential development. Standards in this category include vehicular circulation and parking, noise and lighting, phosphorus control, wetland alterations, and others.
Section 10.26 Dimensional Requirements are minimum standards for lot size, shoreline frontage, road frontage, and setbacks, and also include maximum lot coverage and building height standards.
Section 10.27 Activity-Specific Standards are minimum design specifications for particular activities. The Commission has standards for Agricultural Management, Vegetation Clearing, Roads and Water Crossings, Filling and Grading, and other activities.
A NOTE ABOUT PROSPECTIVELY ZONED AREAS
The gray highlighted text in these rules applies only to prospectively zoned areas as listed below:
|
Adamstown Twp. |
Richardsontown Twp. |
|
Dallas Plt. |
Sandy River Plt. |
|
Lincoln Plt. |
Township C |
|
Magalloway Twp. |
Township D |
|
Rangeley Plt. |
Township E |
PREFACE
This document contains Chapter 10 of the Rules and Regulations promulgated by the Maine Land Use Planning Commission pursuant to the Statute which created the Commission. A full understanding of the Commission's powers, duties, policies and rules and regulations can be achieved by referring to all the documents of the Commission.
The LUPC Statute is entitled:
12 M.R.S. CHAPTER 206-A LAND USE REGULATION.
The Statute requires that the Commission operate under a Comprehensive Land Use Plan entitled:
COMPREHENSIVE LAND USE PLAN FOR THE PLANTATIONS AND UNORGANIZED TOWNSHIPS OF THE STATE OF MAINE Originally adopted in 1976, revised in 1983, 1990, 1997, 2001, and 2010.
The Statute also authorizes the Commission to adopt rules. These are known as the Commission's Rules and Regulations and consist of seventeen chapters. This document is:
CHAPTER 10 OF THE RULES AND REGULATIONS.
This chapter is designed to interpret, apply and enforce the Commission's Statute and Comprehensive Land Use Plan.
