§ 12 §685-A — Land use districts and standards

Maine § 12 §685-A

• Jurisdiction: Maine
• Title 12: CONSERVATION
• Part 2: FORESTS, PARKS, LAKES AND RIVERS
• Ch. 206-A: USE REGULATION

Text

1.
Classification and districting of lands.
The commission, acting on principles of sound land use planning and development, shall determine the boundaries of areas within the unorganized and deorganized areas of the State that fall into land use districts and designate each area in one of the following major district classifications: protection, management and development. The commission, acting in accordance with the procedures set forth in Title 5, chapter 375, subchapter 2, shall adopt rules for determining the boundaries of each major type of district in accordance with the following standards:
2.
Interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the official land use maps the following shall apply:
3.
Land use standards.
The commission, acting on principles of sound land use planning and development, shall prepare land use standards prescribing standards for the use of air, lands and waters. Except as provided in this chapter, these standards shall be adopted by the commission in accordance with the procedures set forth in Title 5, chapter 375, subchapter II.
4.
Land use standards considered as minimum requirements.
Land use standards must be interpreted and applied by the commission as minimum requirements, adopted to reasonably and effectively promote health, safety and general welfare and ensure compliance with state plans and policies.
4-A.
Transition from commission jurisdiction to the jurisdiction of a plantation or municipality.
Any portion of a land use district that subsequently becomes an organized municipality or part of an organized municipality or any plantation that adopts planning, zoning and subdivision control as provided in Title 30‑A, section 7059 continues to be regulated by the Maine Land Use Planning Commission pursuant to this chapter until such time as the plantation or municipality of which the regulated district is then a part adopts land use plans and regulations not less protective of the existing natural, recreational or historic resources than those adopted by the commission.
5.
Considerations, application and exemptions.
A land use standard may not deprive an owner or lessee or subsequent owner or lessee of any interest in real estate of the use to which it is lawfully devoted at the time of adoption of that standard. Year-round and seasonal single residences and operating farms in existence and use as of September 23, 1971, while so used, and new accessory buildings or structures or renovations of the buildings or structures that are or may be necessary to the satisfactory and comfortable continuation of these residential and farm uses, except for those located in areas of special flood hazard as defined in the commission's rules, are exempt from the requirements of section 685‑B, subsection 1.
6.
Interim district boundaries and land use standards.
7.
Hearings and procedures.
7-A.
Procedure for adoption or amendment of land use district standards, district boundaries and land use maps.
This subsection governs procedures for the establishment and amendment of land use district standards and boundaries and the amendment of the commission's land use maps.
8.
Amendments to district boundaries and standards.
8-A.
Criteria for adoption or amendment of land use district boundaries.
A land use district boundary may not be adopted or amended unless there is substantial evidence that:
8-B.
Criteria for amendment of land use standards.
Adoption or amendment of land use standards may not be approved unless there is substantial evidence that the proposed land use standards would serve the purpose, intent and provisions of this chapter and would be consistent with the comprehensive land use plan.
9.
Periodic review of district boundaries and land use standards.
At the end of each 5 years following initial adoption of permanent land use standards and districts, the commission shall make a comprehensive review of the classification and delineation of districts of the land use standards. The assistance of appropriate state agencies must be secured in making this review and public hearings must be held in accordance with the requirements set forth in subsection 7‑A.
10.
Special exceptions and variances.
The commission may approve the issuance of a special exception permit in strict compliance with this chapter and the rules and standards adopted pursuant to this chapter. The commission may grant a variance when the commission finds that the proposed development is in keeping with the general spirit and intent of this chapter, that the public interest is otherwise protected and that strict compliance with the rules and standards adopted by this commission would cause unusual hardship or extraordinary difficulties because of the following:
11.
Exemptions.
Real estate used or to be used by a public utility, as defined in Title 35‑A, section 102, subsection 13, may be wholly or partially exempted from regulation to the extent that the commission may not prohibit such use but may impose terms and conditions for use consistent with the purpose of this chapter when, upon timely petition, notice and public hearing, the Public Utilities Commission determines that such exemption is necessary or desirable for the public welfare or convenience. The Public Utilities Commission shall adopt by rule procedures to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
12.
Timber harvesting activities.
Rules adopted by the Commissioner of Agriculture, Conservation and Forestry pursuant to section 8867‑B for the purpose of regulating timber harvesting and timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters become effective for the unorganized and deorganized areas on the date established under Title 38, section 438‑B, subsection 5.
13.
Additions to and removals from the expedited permitting area for wind energy development.
The commission may add or remove areas in the unorganized and deorganized areas to or from the expedited permitting area for wind energy development in accordance with Title 35‑A, chapter 34‑A.
14.
Land management roads, gravel pits and water crossings.
Beginning November 1, 2012, the Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry shall administer and enforce the regulation of construction, maintenance and repair of land management roads, water crossings by land management roads and gravel pits of less than 5 acres in protection districts and management districts in accordance with rules adopted under section 8867‑E. For the purposes of this subsection, "land management road" has the same meaning as under section 8868, subsection 7.

Legislative History

PL 1971, c. 457, §5 (NEW). PL 1971, c. 544, §§28-C-28-E (AMD). PL 1971, c. 593, §22 (AMD). PL 1971, c. 618, §§12,17 (AMD). PL 1971, c. 619, §§3-5 (AMD). PL 1973, c. 569, §10 (AMD). PL 1973, c. 788, §§43-A-43-C (AMD). PL 1975, c. 234, §§1,2 (AMD). PL 1975, c. 497, §3 (AMD). PL 1975, c. 508, §§2,3 (AMD). PL 1975, c. 665 (AMD). PL 1977, c. 327, §§1,1A,2 (AMD). PL 1977, c. 390, §2 (AMD). PL 1977, c. 694, §§222-227B (AMD). PL 1979, c. 127, §§65-67 (AMD). PL 1979, c. 497, §§2,3 (AMD). PL 1983, c. 114, §§1,2 (AMD). PL 1983, c. 827, §1 (AMD). PL 1983, c. 862, §34 (AMD). PL 1985, c. 70, §1 (AMD). PL 1985, c. 506, §A12 (AMD). PL 1987, c. 737, §§C22,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1989, c. 624 (AMD). PL 1989, c. 810, §1 (AMD). PL 1991, c. 308 (AMD). PL 1991, c. 653 (AMD). RR 1993, c. 1, §33 (COR). PL 1995, c. 64, §1 (AMD). PL 1995, c. 65, §A26 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 386, §2 (AMD). PL 1995, c. 462, §A30 (AMD). PL 1997, c. 526, §14 (AMD). PL 1997, c. 642, §3 (AMD). PL 1999, c. 333, §§5-11 (AMD). PL 1999, c. 530, §8 (AMD). PL 1999, c. 657, §5 (AMD). PL 2001, c. 105, §1 (AMD). PL 2001, c. 402, §3 (AMD). PL 2003, c. 335, §1 (AMD). PL 2005, c. 226, §1 (AMD). PL 2007, c. 656, Pt. A, §1 (AMD). PL 2007, c. 661, Pt. C, §1 (AMD). PL 2007, c. 695, Pt. A, §11 (AMD). PL 2009, c. 111, §1 (AMD). PL 2011, c. 599, §§1, 2 (AMD). PL 2011, c. 657, Pt. W, §§5-7 (REV). PL 2011, c. 682, §§10-13 (AMD). PL 2013, c. 256, §4 (AMD). PL 2013, c. 405, Pt. A, §23 (REV). PL 2015, c. 265, §1 (AMD). PL 2015, c. 265, §10 (AFF). PL 2023, c. 646, Pt. A, §12 (AMD). PL 2025, c. 11, §2 (AMD). PL 2025, c. 384, §23 (AMD).