Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission)
Chapter 16 - Rules Relating to Large Lot Land Divisions
Section 672-16-06 - General Standards for Issuance of Permit By Rule for Subdivisions Eligible Under Section 16.04

A. A permit by rule may be granted only for a subdivision, including qualifying lots therein, as configured on the plat filed in the registry of deeds on or before July 12, 1989 showing that division.

B. Permanent access to each lot of a subdivision must be secured by a perpetual easement on a privately owned road to a public road or by direct access to a public road. Each lot must have at least 200 feet of frontage along the traveled portion of an access road, provided, however, that this minimum frontage requirement does not apply to lots located on a cul-de-sac or at the terminus of a road. If not shown on the plat, such road must be identified on a separate road plan filed in the registry of deeds.

C. Roads within the subdivision must have a travel surface of at least 15 feet.

D. Dwelling units and accessory structures occupying more than 250 square feet and placed upon any lot within a subdivision that is sold after July 1, 1990 must be located no closer than 70 feet from the travel surface of any road except that detached garages may be no closer than 40 feet.

E. Provision for the maintenance of roads within the subdivision must be made through the creation and operation of a lot owners association or other equivalent binding arrangement.

F. Each lot must have sufficient soils for installation of a sewage disposal system in compliance with the requirements of the Maine State Plumbing Code.

G. No lot within a subdivision that is sold after July 1, 1990 may be further divided such that the area of any lot is less than 40 acres, except that a transfer of an interest in land to an abutting owner of land is permitted.

H. Except as otherwise provided in this rule, development or construction on any lot and construction of roads within a subdivision must comply with the requirements of Chapter 10, Sections 10.25 and 10.27 as well as all other applicable regulatory requirements.

I. Except as otherwise provided in this rule, uses of lots within a subdivision are permitted to the extent and in the manner allowed within subdistrict(s) within which they are located.

J. Notwithstanding Sections 10.06(G), 10.21(A)(3)(C) and 10.23(L) of Chapter 10, only for the purposes of subdivisions qualifying under this rule a residential subdivision is a permitted use within (M-GN) General Management Subdistricts and (P-SL) Shoreland Protection Subdistricts.

K. Within a subdivision lot that is sold after July 1, 1990, no more than one residential dwelling unit, with the dwelling unit occupying not more than 4,000 square feet of gross floor area and accessory structures and buildings may be placed on each lot.

L. For every 500 acres of land in a subdivision, at least 40 acres must remain permanently undeveloped by imposition of appropriate restrictions, pursuant to a conservation easement or conveyance to a lot owners association, for use as open space or wildlife habitat. However, if the area of all lots to be sold or developed after July 1, 1990, in any subdivision, or contiguous subdivisions owned or controlled by the same entity, comprises more than 3,000 acres, regardless of how platted, at least 80 acres must remain undeveloped in the above described fashion for every 500 acres of land in the subdivision or subdivisions.

M. The Standards set forth in Sections 16.06(D), (E), (G), (I), (K) and (L) of this rule must be stated as deed covenants on sales or conveyances of lots sold after July 1, 1990.