§ 12 §685-C — Miscellaneous provisions

Maine § 12 §685-C

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

Text

1.
Comprehensive land use plan.
The commission shall prepare an official comprehensive land use plan, referred to in this subsection as "the plan," for the unorganized and deorganized areas of the State.
1-A.
Regional comprehensive land use plans.
A county, separately or in partnership with another county or counties, may request the commission to develop and implement a regional comprehensive land use plan and associated zoning for all or a portion of the territory within the jurisdiction of the commission in the county or counties making the request. If the commission provides assistance under this subsection, it shall:
2.
Land use guidance and planning manual.
The commission shall prepare, maintain and distribute from time to time a land use guidance and planning manual setting forth:
3.
Schedule of fees.
The commission shall adopt rules in accordance with Title 5, chapter 375, subchapter 2 to establish a schedule of reasonable fees for the administration of this chapter. Amendments to those rules adopted after October 1, 2005 are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
4.
Conservation easements.
5.
Additional powers and duties.
In order to implement this chapter, the commission may, in addition to its powers and duties previously authorized in this chapter:
6.
Adjustments of assessing practices.
Upon adoption of district boundaries and land use standards, a certified copy of each official land use guidance map, delineating district boundaries, and associated land use standards shall be filed with the State Tax Assessor.
7.
Time periods.
In computing the period of time to perform any act under these rules, the first day on which an act may be performed shall not be included but the last day of the period shall be included unless it is a Saturday, Sunday or holiday in which event the period shall be extended until the next business day.
8.
Enforcement, inspection and penalties for violations.
Standards, rules and orders issued by the commission pursuant to this chapter have the force and effect of law. No development may be undertaken, except in conformance with this chapter, the standards, rules and orders enacted or issued pursuant to this chapter, and any real estate or personal property existing in violation of such is a nuisance. For the purposes of inspection and to ensure compliance with standards, orders and permits issued or adopted by the commission, authorized commission staff, forest rangers and the state supervisor or consultant personnel may conduct investigations, examinations, tests and site evaluations necessary to verify information presented to it and may obtain access to any lands and structures regulated pursuant to this chapter.
8-A.
Shoreland zoning violations; commission authority.
The commission may take the following actions when an owner or occupant of land within the commission’s jurisdiction violates a standard, rule, permit or order adopted or issued by the commission pursuant to this chapter applicable to development in a shoreland zone, as long as the commission sends written notice to the last known address of the owner and occupant, if applicable, by certified mail, return receipt requested, demanding the owner or occupant remove, abate or otherwise correct the violation within 10 days and the violation is not removed, abated or otherwise corrected in that time period:
8-B.
(REALLOCATED FROM T. 12, §685-C, sub-§8-A) Stop-work order.
In accordance with the commission's delegated authority under Title 38, section 480‑E‑1 and 480‑R and notwithstanding any provision of law to the contrary, if the director of the commission finds that an activity located wholly within the jurisdiction of the commission is being performed in a manner that violates a law administered by the commission, a rule adopted by the commission or a term or condition of a permit or order issued by the commission and that the activity is creating an immediate and substantial adverse impact to a protected natural resource, as determined by the director, the director may issue a stop-work order pursuant to this subsection requiring the cessation of the activity in whole or in part. As used in this subsection, "protected natural resource" has the same meaning as in Title 38, section 480‑B, subsection 8.
9.
Representation in court.
The commission may authorize certified employees of the commission to serve civil process and represent the commission in District Court in the prosecution of violations of those laws enforced by the commission and set forth in Title 4, section 152, subsection 6‑A. Certification of these employees must be as provided under Title 30‑A, section 4453.
10.
Operating a personal watercraft.
Operating a personal watercraft is prohibited on the following categories of great ponds:
11.
Landowner liability for actions of others.
An owner, lessee, manager, easement holder or occupant of premises is not subject to criminal sanctions or civil penalties or forfeitures for a violation of laws or rules enforced by the commission if that person provides substantial credible evidence that the violation was committed by another person other than a contractor, employee or agent of the owner, lessee, manager, easement holder or occupant. This subsection does not prevent the commission or a court from requiring an owner, lessee, manager, easement holder or occupant of premises to remediate or abate environmental hazards or damage or to reimburse the commission for the cost of remediation or abatement. An owner, lessee, manager, easement holder or occupant of premises is subject to criminal sanctions or civil penalties or forfeitures for failure to comply with a lawful administrative order or court order to remediate or abate environmental hazards or damage.
12.
Campground storage.
The commission may not limit the number of days a person may store an unoccupied camping device at a lawfully existing camping location within a campground permitted by the commission or a campground that is a nonconforming use. For the purposes of this subsection, "camping device" means a tent, registered tent trailer, registered pickup camper, registered recreational vehicle, registered trailer or similar device lawfully used for camping.

Legislative History

PL 1971, c. 457, §5 (NEW). PL 1971, c. 544, §§28-J (AMD). PL 1973, c. 569, §§13-15 (AMD). PL 1975, c. 508, §4 (AMD). PL 1977, c. 694, §§233-235A (AMD). PL 1987, c. 368 (AMD). PL 1987, c. 816, §KK12 (AMD). PL 1991, c. 688, §1 (AMD). PL 1997, c. 296, §2 (AMD). PL 1997, c. 739, §1 (AMD). PL 1999, c. 547, §B27 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 365, §1 (AMD). PL 2005, c. 386, §I1 (AMD). PL 2007, c. 264, §1 (AMD). PL 2009, c. 375, §1 (AMD). PL 2011, c. 655, Pt. JJ, §§6, 7 (AMD). PL 2011, c. 655, Pt. JJ, §41 (AFF). PL 2011, c. 682, §§21, 22 (AMD). PL 2013, c. 405, Pt. B, §§1-3 (AMD). PL 2017, c. 236, §1 (AMD). PL 2021, c. 676, Pt. A, §§23, 24 (AMD). PL 2023, c. 602, §1 (AMD). PL 2023, c. 623, §1 (AMD). RR 2023, c. 2, Pt. A, §20 (COR). PL 2025, c. 481, §1 (AMD).