An Act To Improve Land Use Planning and Permitting in Unorganized Territories
Maine Legislature, Session 125, LD 1258
Committee: Agriculture, Conservation and Forestry
Sponsors: SHERMAN

Legislative Document 
No. 1258 
S.P. 379 
In Senate, March 22, 2011 
An Act To Improve Land Use Planning and Permitting in 
Unorganized Territories 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SHERMAN of Aroostook. 
Be it enacted by the People of the State of Maine as follows: 
CONCEPT DRAFT 
SUMMARY 
This bill is a concept draft pursuant to Joint Rule 208. 
This bill proposes to make the following changes to the Maine Land Use Regulation 
Commission, referred to in this bill as "LURC." 
1.  The Governor or the Commissioner of Conservation would appoint an interim 
director of LURC to oversee reform of LURC for a term of one or 2 years. A permanent 
director would be hired once that term has expired.  
2.  The purpose, scope and duties of LURC would be amended to mirror land use 
governance in the organized areas of the State and to clearly state that the mission of 
LURC is to serve residents and property owners within the jurisdiction of LURC, 
promote local economies and service center communities near the jurisdiction and protect 
natural resources in the jurisdiction.  A required component of LURC's mission would be 
economic development.  The enabling language for LURC would be amended to make it 
clear that only residents and property owners in each regional planning district, as 
established in this bill, have standing in the planning, zoning and rule-making process. 
3.  LURC would be transferred from the Department of Conservation into a more 
economic development-oriented department, such as the Department of Economic and 
Community Development.  
4.  A central administrative office for LURC consisting of a director, a chief planner, 
a chief of permitting and compliance and support staff would be located in an office 
accessible to residents and property owners of the jurisdiction, most likely in a nearby 
service center community. This office would provide a variety of administrative 
functions, such as data collection and analysis and permit processing and backup support 
when needed.  
5.  Forestry regulation would be assumed by the Maine Forest Service in the 
Department of Conservation.  This would result in a reduction of administrative costs, 
since, under the current law, virtually all forestry regulation is reviewed by Maine Forest 
Service staff. 
6.  Three regional planning and permitting commissions would be established based 
upon logical geographic and economic boundaries, preferably aligned with economic 
development districts.  This would align the strategy of LURC with the State's strategy 
from an economic and nature-based tourism perspective. 
A.  Each regional commission would be responsible for the development and 
updating of a regional comprehensive land use plan at least every 10 years or within a 
different time frame considered appropriate. 
B.  Each regional commission would have zoning authority in accordance with the 
regional comprehensive land use plan. The regional commission would designate 
growth areas in its jurisdiction. 
C.  Initially, each regional commission would work under the current LURC rules.  
D.  Each regional commission would be responsible for permitting and compliance 
matters within its region, through either a public proceeding process or an improved 
permit-by-rule standard that would allow for a more efficient review process for 
residential and small commercial development applications. 
E.  Each regional commission would be responsible for creating and amending 
regional comprehensive land use plans, rules and zoning, including providing for 
public hearings for the property owners and residents within LURC's jurisdiction and 
service center communities.  The regional comprehensive land use plans, rules and 
zoning would require the approval of the joint standing committee of the Legislature 
having jurisdiction over land use matters or a joint select committee of the 
Legislature established to oversee regulation of unorganized and deorganized areas, 
plantations and towns in LURC's jurisdiction and adjacent service center 
communities. 
Each regional commission would be made up of the following: 
(1)  One landowner who owns more than 10,000 acres within the jurisdiction of 
that regional commission; 
(2)  One landowner who resides in and owns no more than 10,000 acres within 
the jurisdiction of that regional commission; 
(3)  One at-large member who resides in the jurisdiction of that regional 
commission; 
(4)  One economic development representative from the jurisdiction of that 
regional commission; and 
(5)  One county commissioner from each county located in the jurisdiction of that 
regional commission. 
F.  Each regional commission would have the following support staff: 
(1)  One or 2 land use planners.  These would be current positions in LURC but 
with new responsibilities and job descriptions, which could require a hiring 
process that would be open to current staff; and 
(2)  Two permitting and compliance staff members.  This number could be 
adjusted, either up or down, as necessary. 
7.  The 2010 Comprehensive Land Use Plan would be repealed and the 1997 plan 
restored, which would remain effective until each regional commission implemented a 
new regional comprehensive land use plan.  The regional commissions would develop 
and adopt new regional comprehensive land use plans in a staggered manner in order to 
use the support of the central administrative office. 
8.  The Department of Environmental Protection would assume jurisdiction for all 
projects that meet the site location of development law threshold, which would be 
amended to apply only to large commercial development projects. Residential 
subdivisions and small commercial development projects would be reviewed by the 
regional commissions. 
9.  Decisions made by the regional commissions would be appealed directly to the 
Law Court. 
10.  A new funding structure would be developed to reflect the new purpose and 
scope of LURC and the standing of residents and property owners within the jurisdiction 
of LURC and future budget needs.  Property taxes and permit application fees would be 
the primary sources of funding for LURC, resulting in lower appropriations from the 
General Fund and avoiding increased permit fees. 
It is intended that this bill would result in cost savings and the need for fewer LURC 
employees.