Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 242 - RULES FOR CONVERSION OF SEASONAL DWELLING UNITS INTO YEAR ROUND RESIDENCES IN THE SHORELAND ZONE
Section 144-242-5 - MEANS OF APPEAL

Universal Citation: 10 ME Code Rules ยง 144-242-5

Current through 2024-38, September 18, 2024

A. This section governs the means of appealing a decision made by the Department to the Administrative Hearings Unit pertaining to an interpretation of the Department's laws, rules or procedures under 32 M.R.S.A. §1405 and these rules. Appeals of decisions made by local authorities must be made to the relevant municipal officials.

B. Scope. A person whose interest in abutting or adjacent property is directly affected by a decision of the Department is entitled to bring an action challenging the validity of the decision. Appeals by an aggrieved party must be based on adverse Department decisions affecting the aggrieved party. Appeals contending that a decision by the Department misapplies laws, procedures, or rules; or is based upon a significant factual error to the detriment of the aggrieved party may be filed.

C. Procedure for Filing an Appeal

Hearing requests must be directed to the Maine Center for Disease Control , Division of Environmental Health, at 11 State House Station, 286 Water Street, 3rd Floor, Augusta, Maine 04333-0011.

(1) The request must state in writing the specific issues being appealed and be filed within 30 days of the Department's decision.

(2) Within 14 days of receiving the request, the Department representative responsible for administering these rules will forward the request for an administrative hearing to the Administrative Hearing Unit, to the attention of the Chief Hearings Officer, Office of Administrative Hearings, 11 State House Station, Augusta, Maine 04333-0011.

(3) Upon receipt of a request for hearing, the Department will submit to the Administrative Hearings Unit an administrative hearings report that contains the decision on appeal and the administrative record for the Department's decision.

(4) The Administrative Hearings Unit at the Office of Administrative Hearings may deny appeals filed more than 30 days after the Department's decision.

D. Procedure for Hearing

A hearing officer at the Department's Administrative Hearings Unit at the Office of Administrative Hearings will conduct the administrative hearing.

(1) The hearing will be conducted pursuant to the Rules of the Office of the Administrative Hearings, as set forth in the Administrative Hearings Manual, and in conformity with the Administrative Procedures Act, 5 M.R.S.A. §§8001 - 11008.

(2) A notice will inform the aggrieved party of the time, date, and place of the hearing. The hearing will be held at the Department's office nearest to the party requesting the hearing. The hearing date will be no sooner than 20 days after the date of the notice of the administrative hearing.

(3) The hearing officer will issue a written decision of the administrative hearing to all parties.

(4) The burden of persuasion for administrative hearings lies with the party who asserts the truth of a claim that such a claim is true. A burden of persuasion is by a preponderance of the evidence, as stated in 10-144 CMR, Chapter 1 (VII)(B).

(5) Parties to a formal administrative hearing may negotiate a mutually acceptable settlement at any point of the procedure.

E. Civil Appeals

Any person or party dissatisfied with the hearing officer's decision, other than the Department, has the right of judicial review under Rule 80C of the Maine Rules of Civil Procedure and 5 M.R.S.A. §11001.

TABLE A

MINIMUM PERMITTING CONDITIONS AND MINIMUM DESIGN REQUIREMENTS

Note: "Not Allowed" indicates THAT A SEASONAl CONVERSION is not allowed.

Limiting Factor Depth, in inches Bedrock Limiting Factor Condition Soil Drainage Limiting Factor Condition [a]
>48 B
15 to 48 AIII C
10 to <15 AII - Not Allowed D
<10 AI-Not Allowed E-Not Allowed

[a.] Pursuant to the Maine Subsurface Wastewater Disposal Rules, 10-144 CMR 241.

TABLE B

SEPTIC TANK CAPACITY PER DWELLING UNIT

Number of bedrooms per dwelling unit Minimum septic tank liquid capacity
1 Bedroom 750 gallons
2 Bedrooms 750 gallons
3 Bedrooms 1,000 gallons
4 Bedrooms 1,000 gallons
5 Bedrooms 1,250 gallons or greater
For each additional bedroom 250 gallons per bedroom

TABLE C

SUBSTANTIAL COMPLIANCE FOR SITE CONDITIONS

Depth to restrictive layer/bedrock 15 inches
Depth to Seasonal High Groundwater Table 9 inches
Maximum slope 25 % grade

TABLE D

ALLOWED SETBACKS FOR SEASONAL CONVERSIONS

SITE FEATURES DISPOSAL FIELDS (total design flow) TREATMENT TANKS (total design flow)
Less than 1,000 gpd 1,000 to 2000 gpd Over 2,000 gpd Less than 1,000 gpd 1,000 to 2000 gpd Over 2,000 gpd
Wells with water usage of 2000 or more gpd or public water system wells 300 feet 300 feet 300 feet 150 feet 150 feet 150 feet
Potable Water Supply 80 feet 160 feet 240 feet 50 feet 50 feet 50 feet
Water supply line 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet
Water body/course, major 80 feet 160 feet 240 feet 40 feet 40 feet 40 feet
Water body/course, minor 40 feet 80 feet 120 feet 40 feet 40 feet 40 feet
Drainage ditches 20 feet 40feet 60 feet 20 feet 20 feet 20 feet
Edge of fill extension-- Coastal wetlands, wetlands of special significance, significant vernal pools 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet
Slopes greater than 3:1 10 feet 14 feet 20 feet N/A N/A N/A
No full basement [e.g. slab, frost wall, columns] 15 feet 28 feet 40 feet 8 feet 14 feet 20 feet
Full basement [below grade foundation] 20 feet 30 feet 40 feet 8 feet 14 feet 20 feet
Property lines 10 feet 14 feet 20 feet 8 feet 14 feet 20 feet
Burial sites or graveyards, measured from the toe of the fill extension 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet
Stormwater infiltration systems 80 feet 160 feet 240 feet 50 feet 50 feet 50 feet
Wetponds, retention ponds, and detention basins (excavated below grade); Soil filters, underdrained swales, underdrained outlets, and similar structures 50 feet 100 feet 150 feet 50 feet 50 feet 50 feet
Stormwater detention basins (basin bottom at or above predevelopment grade) 20 feet 40 feet 60 feet 20 feet 20 feet 20 feet

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