Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 243 - MINIMUM LOT SIZE RULES
Section 144-243-1000.0 - MINIMUM LOT SIZE LAW

Universal Citation: 10 ME Code Rules ยง 144-243-1000.0

Current through 2024-38, September 18, 2024

1000.1 Scope: This Chapter governs the administration of the Minimum Lot Size Law, 12 MRSA §4807 et seq. Other regulations exist pertaining to minimum lot size in Shoreland Zoning for modular home parks.

1000.1.1 Local Plumbing Inspector Approval: "A lot of less than the size required in § 4807-A may be used for subsurface wastewater disposal if approved in writing by the duly appointed Local Plumbing Inspector for that municipality or unorganized territory, providing that the lot in question:
a has a current Application for Subsurface Wastewater Disposal (HHE-200) form, or equal, pursuant to rules of the Department, and

b can meet the provisions of a "First Time" subsurface wastewater disposal system, requiring no variances, and

c the system is not an engineered disposal system.

1000.1.2 Department approval:

If the lot in question does not meet the criteria listed in Section 10001.1, then the Department shall be the approving body provided the subsurface wastewater disposal system is in compliance with CMR 241 Maine Subsurface Wastewater Disposal Rules.

1000.2 Review fees. The Department or the municipality may charge a review fee not to exceed $50.

1000.3 Intent: This Chapter sets forth the provisions for approval of subsurface wastewater disposal on lots which do not comply with 12 MRSA4807-A and are not exempted by 12 MRSA§4807-D.

1000.4 Single family lots of record: This Code shall not apply to any lot which prior to January 1, 1970, was specifically described as an identifiable and separate lot either in the instrument conveying such lot to the then owner or in a valid and enforceable agreement for purchase and sale or was shown on a plan recorded in accordance with law, prior to January 1, 1970; provided that contiguous undeveloped lots in the same ownership on or after October 3, 1973 shall be considered as one lot for purposes hereof.

1000.5 Other lots of record: Undeveloped lots where the use will be other than single-family residential are not exempt from the provisions of this Code.

1000.6 Existing structures: This Code does not apply to any structure in existence and in place on or before October 3, 1973, which then or theretofore disposed of wastes by means of subsurface wastewater disposal; except that no person shall reduce the size of the lot upon which such structure is located to a size or frontage less than that allowed in Section 1001.1. The division of a lot upon which a number of such structures existed on or before October 3, 1973, into a number of lots not exceeding the number of structures, with one or more structures on each new lot is not subject to this Code, if the size of the lot, and/or the frontage has not been reduced since October 3, 1973.

1000.7 Public sewers: This Code does not apply to lots served by a municipal or quasi-municipal sewer system.

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.
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