Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 10 - LAND USE DISTRICTS AND STANDARDS › Subchapter II - LAND USE SUBDISTRICTS › Section 672-10-II-23 - PROTECTION SUBDISTRICTS

Current through 2024-29, July 17, 2024
Pursuant to the Commission's Comprehensive Land Use Plan,
					 the following protection subdistricts are established:
A.
ACCESSIBLE LAKE PROTECTION
				  SUBDISTRICT (P-AL)
1.
Purpose
The purpose of the P-AL subdistrict is to maintain and
					 protect the existing natural values of the accessible, undeveloped, high value
					 lakes within the Commission's jurisdiction. This is the class of lakes
					 described as Management Class 2 lakes in the Commission's Comprehensive Land
					 Use Plan. It is the intent of this subdistrict to restrict development.
2.
Description
Areas surrounding bodies of standing water classified as
					 Management Class 2 Lakes (Accessible, Undeveloped, High Value Lakes).
The protection subdistrict must extend 500 feet from and
					 around the water body measured from the normal high water mark.
3.
Land Uses
a.
Uses Allowed Without a Permit
The following uses are allowed without a permit from the
					 Commission within P-AL subdistricts:
(1) Docking structures: Temporary docking
				  structures for non-commercial use;
(2) Emergency operations conducted for the
				  public health, safety, or general welfare, such as resource protection, law
				  enforcement, and search and rescue operations;
(3) Forest management activities, except for
				  timber harvesting9;
(4) Motorized vehicular traffic on roads and
				  trails, and snowmobiling;
(5)
				  Primitive recreational uses, including fishing, hiking, hunting, wildlife study
				  and photography, wild crop harvesting, trapping, horseback riding, tent and
				  shelter camping, canoe portaging, cross country skiing, and
				  snowshoeing;
(6) Surveying and
				  other resource analysis; and
(7)
				  Wildlife and fishery management practices.
b.
Uses Allowed Without a Permit
				  Subject to Standards
The following uses are allowed without a permit from the
					 Commission within P-AL subdistricts, subject to the applicable requirements set
					 forth in Sub-Chapter III:
(1)
				  Agricultural activities: Agricultural management activities;
(2) Constructed ponds: Creation, alteration
				  or maintenance of constructed ponds of less than 4,300 square feet in size
				  which are not fed or drained by flowing waters provided they are constructed
				  and maintained in conformance with the vegetative buffer strip requirements of
				  Section 10.27,C,2,a;
(3) Driveways associated with residential
				  uses;
(4) Home-based businesses:
				  Minor home-based businesses;
(5)
				  Mineral exploration activities: Level A mineral exploration activities,
				  including associated access ways;
(6) Road projects: Level A road
				  projects;
(7) Service
				  drops;
(8) Signs;
(9) Trails, provided that any associated
				  vegetation clearing or filling and grading are in conformance with the
				  standards of
				  10.27,B,1,c and d,2, and 4 and
				  10.27,F, and provided the trails
				  are constructed and maintained so as to reasonably avoid sedimentation of water
				  bodies; and
(10) Water crossings of
				  minor flowing waters, except for water crossings of minor flowing waters on/for
				  land management roads.
c.
Uses Requiring a Permit
The following uses, and related accessory structures, may
					 be allowed within P-AL subdistricts upon issuance of a permit from the
					 Commission pursuant to
					 12 M.R.S.
					 §685-B, and subject to the applicable
					 requirements set forth in Sub-Chapter III:
(1) Agricultural activities: Agricultural
				  management activities which are not in conformance with the standards of
				  Section 10.27,A;
(2) Campsites;
(3) Campsites, Residential;
(4) Constructed ponds: Creation, alteration
				  or maintenance of constructed ponds 4,300 square feet or greater in size which
				  are not fed or drained by flowing waters, or of such ponds less than 4,300
				  square feet in size which are not in conformance with the vegetative buffer
				  strip requirements of Section 10.27,C,2,a;
(5) Draining, dredging or alteration of the
				  water table or water level for other than mineral extraction;
(6) Driveways associated with non-residential
				  uses; driveways associated with residential uses which are not in conformance
				  with the standards of Section 10.27,H;
(7) Filling and grading;
(8) Home-based businesses: Major home-based
				  businesses, except in those plantations and townships listed in Section
				  10.23,A,3,d;
(9) Land application of septage, sludge and
				  other residuals, and related storage and composting activities;
(10) Mineral exploration activities: Level A
				  mineral exploration activities, including associated access ways, which are not
				  in conformance with the standards of Section
				  10.27,C; and Level B mineral
				  exploration activities;
(11)
				  Residential: Single family dwellings provided that such dwelling units are
				  limited to an average density per landownership of no more than one dwelling
				  unit per shore mile. Parcels existing as of November 17, 1988 that have less
				  than 1 mile of shoreline are allowed one dwelling unit within that shoreline
				  area provided that other applicable standards are met. The shoreline is
				  measured by following the shoreline of the lake, including all the shoreline
				  irregularities, on the Commission's Land Use Guidance Map;
(12) Road projects: Level B and C road
				  projects, except for water crossings of minor flowing waters as provided for in
				  Section 10.23,A,3,b;
(13) Shoreland alterations, including
				  reconstruction of permanent docking structures, and permanent on-shore
				  structures used to secure docks and moorings; but excluding marinas, new or
				  expanded permanent docking structures, water-access ways, trailered ramps,
				  handcarry launches, and water crossings of minor flowing waters;
(14) Signs which are not in conformance with
				  the standards of Section
				  10.27,J;
(15) Structures: Non-commercial structures
				  for scientific, educational and/or nature observation purposes, which are not
				  of a size or nature which would adversely affect the resources protected by
				  this subdistrict;
(16) Trails which
				  are not in conformance with the standards of Section
				  10.27,B,1,c and d,2, and 4 and
				  10.27,F;
(17) Water crossings of minor flowing waters
				  which are not in conformance with the standards of Section 10.27,D, except for
				  water crossings of minor flowing waters on/for land management roads; and water
				  crossings of bodies of standing water and major flowing waters except for water
				  crossings of bodies of standing water and major flowing waters on/for land
				  management roads;
(18) Water
				  impoundments;
(19) Wind projects:
				  Community-based offshore wind energy projects, as defined in
				  12 M.R.S.
				  §682(19); offshore wind
				  power projects, as defined in
				  38 M.R.S.
				  §480-B(6A); and wind
				  energy development in accordance with 35-A M.R.S., Chapter 34-A in areas
				  identified in Appendix F herein;
(20) Other structures, uses or services that
				  are essential for the exercise of uses listed in Section
				  10.23,A,3,a through c;
				  and
(21) Other structures, uses or
				  services which the Commission determines are consistent with the purpose of
				  this subdistrict and of the Comprehensive Land Use Plan and are not detrimental
				  to the uses or resources they protect, and are of similar type, scale and
				  intensity as other allowed uses.
d.
Special Exceptions
The following uses, and related accessory structures, may
					 be allowed within P-AL subdistricts as special exceptions upon issuance of a
					 permit from the Commission pursuant to
					 12 M.R.S.
					 §685-A(10), the
					 criteria of Sections
					 10.24,B,2 and 3, and subject to
					 the applicable requirements set forth in Sub-Chapter III, and there must be no
					 more than one development unit per shore mile except as provided in Section
					 10.23,A,3,c, such distance
					 measured by following the shoreline of the lake, including all shoreline
					 irregularities, on the Commission's Land Use Guidance Map:
(1) Recreational lodging facilities:
(a) Level A; and
(b) Level B.
The following uses, and related accessory structures, may
					 be allowed within P-AL subdistricts as special exceptions upon issuance of a
					 permit from the Commission pursuant to
					 12 M.R.S.
					 §685-A(10), the
					 criteria of Sections
					 10.24,B,1 through 3, subject to
					 the applicable requirements set forth in Sub-Chapter III, and there must be no
					 more than one development unit per shore mile except as provided in Section
					 10.23,A,3,c, such distance
					 measured by following the shoreline of the lake, including all shoreline
					 irregularities, on the Commission's Land Use Guidance Map:
(2) Docking structures:
				  New or expanded permanent docking structures;
(3) Hand-carry launches;
(4) Home-based businesses: Major home-based
				  businesses in the following plantations and townships provided there is no
				  suitable or reasonably available location in a development subdistrict: 
				  
														Dallas Plantation,
														Rangeley Plantation, and
														Sandy River Plantation;
(5)
				  Trailered ramps;
(6) Utility
				  facilities other than service drops; and
(7) Water-access ways, in accordance with
				  Section 10.27,L,1.
e.
Uses Regulated by the Maine Forest
				  Service
Pursuant to Statute, the following uses are not regulated
					 by the Commission within P-AL subdistricts but are regulated by the Maine
					 Forest Service.
(1) Land management
				  roads;
(2) Natural resource
				  extraction: Gravel extraction for road purposes less than 5 acres in
				  size;
(3) Timber harvesting;
				  and
(4) Water crossings of minor
				  flowing waters, major flowing waters, and bodies of standing water on/for land
				  management roads.
f.
Prohibited Uses
All uses not expressly allowed, with or without a permit or
					 by special exception, shall be prohibited in P-AL subdistricts.