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 III - LAND USE STANDARDS › Section 672-10-III-25 - DEVELOPMENT STANDARDS

Current through 2024-29, July 17, 2024
This section contains review standards for structures and
					 uses that require issuance of a permit from the Commission, or as otherwise
					 required in Sub-Chapter II. Except as herein provided, development not in
					 conformance with the standards of this section are prohibited.
Nothing in this section precludes the Commission from
					 imposing additional reasonable terms and conditions in its permits as the
					 Commission may deem appropriate in order to satisfy the criteria for approval
					 and purposes set forth in the Commission's statutes, rules and the
					 Comprehensive Land Use Plan.
A.
REVIEW STANDARDS FOR AREAS ADJACENT TO LAKES
For the purposes of this section, "areas adjacent to lakes"
					 means areas within 250 feet of bodies of standing water greater than 10 acres
					 in size, except 1) where a water body related subdistrict extends to 500 feet,
					 one-quarter mile (e.g., the P-AL, P-GP2, and water body related P-RR
					 subdistricts), or II) where provisions regarding lake management classification
					 dictate otherwise (e.g., MC1, MC3, and MC6 lakes).
1.
General Land Use Standards
The standards set forth below must be met for all
					 subdivisions and commercial, industrial, and other non-residential structures
					 and uses proposed on land adjacent to lakes. These standards must also be
					 considered in applying the criteria for adoption or amendment of land use
					 district boundaries, as provided in Section
					 10.08, to proposed changes in
					 subdistrict boundaries adjacent to lakes.
In applying the standards set forth below, the Commission
					 shall consider all relevant information available including the Maine Wildlands
					 Lake Assessment Findings (Appendix C of this chapter), and relevant provisions
					 of the Comprehensive Land Use Plan.
a.
Natural and cultural resource values.
The proposal will not
				  adversely affect natural and cultural resource values identified as significant
				  or outstanding in the Wildland Lakes Assessment (Appendix C of this
				  chapter).
b.
Water
				  quality.
The proposal will not, alone or in conjunction with other
				  development, have an undue adverse impact on water quality;
c.
Traditional uses.
The
				  proposal will not have an undue adverse impact on traditional uses, including
				  without limitation, non-intensive public recreation, sporting camp operations,
				  timber harvesting, and agriculture;
d.
Regional diversity.
The
				  proposal will not substantially alter the diversity of lake-related uses
				  afforded within the region in which the activity is proposed;
e.
Natural character.
Adequate
				  provision has been made to maintain the natural character of
				  shoreland;
f.
Lake management
				  goals.
The proposal is consistent with the management intent of the
				  affected lake's classification; and
g.
Landowner equity.
Where
				  future development on a lake may be limited for water quality or other reasons,
				  proposed development on each landownership does not exceed its proportionate
				  share of total allowable development.