Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission)
Chapter 17 - REESTABLISHMENT OF COMMISSION JURISDICTION
Section 672-17-01 - Authority

Universal Citation: 01 ME Code Rules ยง 672-17-01

Current through 2024-38, September 18, 2024

A. 12 M.R.S.A. §685-A(4) states in part that any plantation or municipality which adopts planning, zoning and subdivision control as provided in Title 30-A, §7059, shall be continued to be regulated by the Commission until such time as the plantation or municipality adopts land use plans and regulations not less protective of the existing natural, recreational or historic resources than those adopted by the Commission. Upon obtaining approval, the plantation or municipality shall thereafter adopt, administer and enforce the approved plans, maps, regulations and standards.

B. 12 M.R.S.A. §685-A(4) provides that the Commission review from time to time the administration and enforcement of local land use plans and regulations by plantations and municipalities which have adopted land use plans, maps, regulations and standards approved by the Commission. If, following the review, the Commission finds that any of the following have occurred, the Commission may reestablish its jurisdiction over that plantation or municipality:

(1) a plantation or municipality has repealed the land use plan, maps, standards or regulations necessary to satisfy the requirements of the Commission's land use laws, regulations or standards or has substantially modified the land use plan, maps, standards or regulations so that the resources of the plantation or municipality are not reasonably protected;

(2) a plantation or municipality has abolished or does not have functioning the administrative bodies and officers necessary to implement the land use program as approved by the Commission, normally a planning board, board of appeals and code enforcement officer; or

(3) a plantation or municipality has not administered or enforced its land use program in a manner which reasonably protects the resources in the plantation or municipality involved.

The action by the Commission must conform with the provisions for rulemaking of the Maine Administrative Procedure Act, Title 5, chapter 375.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.