Resolve, To Improve the Predictability of Land Use Regulation in the Unorganized Territories
Maine Legislature, Session 125, LD 0819
Committee: Agriculture, Conservation and Forestry
Sponsors: McCABE, JACKSON, EDGECOMB, HAYES, MARTIN, PATRICK, SHERMAN

Legislative Document 
No. 819 
H.P. 615 
House of Representatives, March 3, 2011 
Resolve, To Improve the Predictability of Land Use Regulation in 
the Unorganized Territories 
(EMERGENCY) 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative McCABE of Skowhegan. 
Cosponsored by Senator JACKSON of Aroostook and 
Representatives: EDGECOMB of Caribou, HAYES of Buckfield, MARTIN of Eagle Lake, 
Senators: PATRICK of Oxford, SHERMAN of Aroostook. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, predictability in land use regulation is vital to residents and persons 
owning land within the jurisdiction of the Maine Land Use Regulation Commission; and 
Whereas, the economies of rural areas and municipalities adjacent to the 
jurisdiction of the Maine Land Use Regulation Commission are significantly affected by 
land use regulation and permitting decisions within the jurisdiction; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1.  Maine Land Use Regulation Commission to initiate prospective 
zoning.  Resolved:  That the Maine Land Use Regulation Commission, referred to in 
this resolve as "the commission," shall initiate prospective zoning in a 2nd region of its 
jurisdiction no later than July 1, 2011.  For the purposes of this resolve, "prospective 
zoning" means the establishment of zoning districts to accommodate growth in a region 
rather than designating development districts on a case-by-case basis in response to 
proposed development projects and to protect natural resources in the region by directing 
development to other zones. 
To initiate prospective zoning, the commission shall use a process similar to that used 
in the development of the Prospective Zoning Plan for the Rangeley Lakes Region that 
became effective January 1, 2001.  The commission shall identify the next region for 
prospective zoning based on existing growth patterns and services, the potential for 
development and the value and location of natural resources. 
The commission shall submit a report to the Joint Standing Committee on 
Agriculture, Conservation and Forestry no later than January 15, 2012. The report must 
include a description of the selected region, steps taken and progress made in developing 
the prospective zoning plan and a timeline for adoption and implementation of the 
prospective zoning plan; and be it further 
Sec. 2.  Implementation of the Comprehensive Land Use Plan; 
participation by stakeholders.  Resolved:  That the commission shall establish a 
process for stakeholder participation in discussions surrounding implementation of the 
revised comprehensive land use plan adopted by the commission on March 3, 2010 and 
approved by the Governor on March 16, 2010.  No later than July 1, 2011, the 
commission shall meet with stakeholders and seek their input prior to revising policies or 
practices to address issues or implement initiatives outlined in the commission's 
memorandum to the Joint Standing Committee on Agriculture, Conservation and Forestry 
dated January 28, 2010 and entitled "Anticipated Regulatory Changes Based on 
Revisions in the Comprehensive Land Use Plan." 
The commission shall report to the Joint Standing Committee on Agriculture, 
Conservation and Forestry no later than January 15, 2012 on communication with 
stakeholders pursuant to this section and actions taken to implement the plan; and be it 
further 
Sec. 3.  Streamlining the permitting process.  Resolved:  That the 
commission shall develop a process to permit, by rule, routine and minor activities that 
meet established standards of design, construction and use to avoid adverse 
environmental impacts.   The commission shall report to the Joint Standing Committee on 
Agriculture, Conservation and Forestry no later than January 15, 2012 on the process 
developed, activities recommended for the permit-by-rule process and a timetable for 
implementing the permit-by-rule process. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve directs the Maine Land Use Regulation Commission to take certain 
actions regarding land use.  It directs the commission to begin prospective zoning for a 
region within its jurisdiction.  It requires the commission to seek input from stakeholders 
prior to implementing the 2010 revisions to the comprehensive land use plan.  It requires 
the commission to develop a permit-by-rule process for routine and minor activities 
within the jurisdiction.  The commission is required to report to the Joint Standing 
Committee on Agriculture, Conservation and Forestry no later than January 15, 2012 with 
progress made on each directive.