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 I - GENERAL PROVISIONS › Section 672-10-I-06 - INTERPRETATION OF LAND USE STANDARDS

Current through 2024-29, July 17, 2024
The following apply to all uses in all subdistricts except
					 as otherwise provided:
A. The
				  description of permitted uses herein does not authorize any person to
				  unlawfully trespass, infringe upon or injure the property of another, and does
				  not relieve any person of the necessity of complying with other applicable laws
				  and regulations.
B. Unless
				  otherwise specified herein, accessory uses and structures which are permitted
				  in a subdistrict must conform to the requirements for the principal use or
				  structure to which they relate.
C.
				  Whenever a provision of this Chapter conflicts with or is inconsistent with
				  another provision of this Chapter or of any other lawfully adopted rules,
				  regulations, standards, ordinances, deed restrictions or covenants, the more
				  protective of existing natural, recreational and historic resources shall
				  control.
D. Where two or more
				  protection subdistricts apply to a single land area, the combination of the
				  more protective standards for each subdistrict shall apply. Where another
				  protection subdistrict applies to the same land area as a P-FW subdistrict, any
				  activities within such area which are not in conformance with the applicable
				  standards of Section
				  10.27 shall require a
				  permit.
E. Wherever an M-NC
				  subdistrict surrounds another management or protection subdistrict, no
				  commercial, industrial, or residential development shall be allowed in such
				  management or protection subdistricts except as allowed in such M-NC
				  subdistrict.
F. Notwithstanding any
				  other provisions contained in this chapter, 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."12 M.R.S.
				  §685-A(5)
G. Subdivisions are prohibited unless allowed
				  with a permit pursuant to the standards set forth for the subdistrict involved,
				  except as provided in Section
				  10.25,Q,3,d,(6).
H. "Except for projects that are located in a
				  planned subdistrict that was approved or accepted by the commission for
				  processing prior to September 1, 2012, a permit is not required for those
				  aspects of a project approved by the Department of Environmental Protection
				  under Title 38 if the commission determines that the project is an allowed use
				  within the subdistrict or subdistricts for which it is proposed. Notice of
				  intent to develop and a map indicating the location of the proposed development
				  must be filed with the commission prior to or concurrently with submission of a
				  development application to the Department of Environmental Protection."12
				  M.R.S. §
										685-B (1-A)(B)
I. If a proposed activity other than timber
				  harvesting requires a permit and will alter 15,000 or more square feet of a
				  mapped wetland (P-WL1, P-WL2, or P-WL3 subdistrict), or 1 acre or more of
				  overall land area, the applicant must delineate on the ground and in a site
				  plan all wetlands within the general project area using methods described in
				  the "Corps of Engineers Wetlands Delineation Manual" U.S. Army Corps of
				  Engineers. (1987) and the "Regional Supplement to the Corps of Engineers
				  Wetland Delineation Manual: Northcentral and Northeast Region." U.S. Army Corps
				  of Engineers. (Version 2.0, January 2012).
J. The size of a mineral extraction operation
				  is determined by adding the reclaimed and unreclaimed acreages. While a single
				  mineral extraction operation may be located in multiple subdistricts, mineral
				  extraction operations 30 contiguous acres or greater in size must be located in
				  a D-CI subdistrict.