reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 5 - RULES FOR THE CONDUCT OF PUBLIC HEARINGS › Section 672-5-25 - Ex parte Communications

Current through 2024-29, July 17, 2024
(1)
Limitations of this section:
This section shall apply to those public
				hearings concerned with the adoption of district boundaries pursuant to 12
				M.R.S.A. §685-A.(7-A); the amendment of district boundaries pursuant to 12
				M.R.S.A. §685-A.(8-A); permit applications pursuant to 12 M.R.S.A.
				§685-B; petitions for the granting of a variance or issuance of special
				exception permit pursuant to 12 M.R.S.A. §685-A.(10); and any public
				hearing in which the legal rights, duties, or privileges of specific persons
				are to be adjudicated.
(2)
Prohibitions on ex parte communications:
After a decision by the
				Commission to conduct a public hearing, no Commission member shall engage in
				any ex parte communication in connection with any issue of fact, law or
				procedure which is the subject of the hearing.
(3)
Allowable communications:
However, this section shall not prohibit any Commission member from:
(a) Communicating in any respect with other
				members of the Commission or the Presiding Officer;
(b) Having the aid and advice of members of
				the staff, counsel or consultants retained by the Commission; provided that, in
				adjudicatory proceedings subject to 5 M.R.S.A. Section 9051 et seq., this
				exception shall extend only to consultation with members of the staff, counsel
				or consultants who have not participated and will not participate in the
				proceeding in an advocate capacity.
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-01 - PURPOSE

Current through 2024-29, July 17, 2024
The purpose of the Land Use Districts and Standards shall
					 be to further the purposes of the Use Regulation Law as stated in
					 12 M.R.S.
					 §681 and to fulfill the requirements of
					 12 M.R.S.
					 §685-A(3) which states
					 that:
"The Commission, acting on principles of sound land use
					 planning and development, shall prepare land use standards prescribing
					 standards for the use of air, lands and waters.
In addition to the purposes set forth in §
										681 the land use standards
					 shall:
A. Encourage the most desirable
				  and appropriate use of air, land and water resources consistent with the
				  comprehensive land use plan;
B.
				  Protect public health by reduction of noise, air pollution, water pollution and
				  other environmental intrusions;
C.
				  Protect and preserve significant natural, scenic and historic features where
				  appropriate, beneficial and consistent with the comprehensive plan;
D. Advise and assist the Department of
				  Transportation and other concerned agencies in transportation planning and
				  operation;
D-1. Provide for safe
				  and appropriate loading, parking and circulation of land, air and water
				  traffic;
E. Encourage minimal
				  adverse impact of one use upon the use of surrounding areas by setting
				  standards of performance describing desirable and acceptable levels of
				  operations in connection with any use and its relation to surrounding areas,
				  including provisions for the eventual amelioration of existing adverse
				  impact;
F. Reflect a consideration
				  of the availability and capability of the natural resources base, including
				  soils, topography or sufficient healthful water supplies; and
G. Regulate, as necessary, motor vehicles as
				  defined in
				  Title
				  29-A, section101, subsection
				  42, on icebound inland lakes
				  that are completely encompassed by unorganized territories during the hours
				  from sunset to sunrise of the following day."
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-03 - MAJOR DISTRICT CLASSIFICATIONS

Current through 2024-29, July 17, 2024
Pursuant to the provisions of
					 12 M.R.S.
					 §685-A(1), the
					 Commission will classify areas within its jurisdiction into one of the
					 following three major districts:
A.
Protection districts:
Areas where development would jeopardize
				  significant natural, recreational and historic resources, including, but not
				  limited to, flood plains, precipitous slopes, wildlife habitat and other areas
				  critical to the ecology of the region or State;
B.
Management districts:
Areas
				  that are appropriate for commercial forest product or agricultural uses or for
				  the extraction of nonmetallic minerals and for which plans for additional
				  development are not presently formulated nor development anticipated;
				  and
C.
Development
				  districts:
Areas discernible as having patterns of intensive
				  residential, recreational, commercial or industrial use or commercial removal
				  of metallic minerals, and areas appropriate for designation as development
				  districts when measured against the purpose, intent and provisions of this
				  chapter."12 M.R.S.
				  §685-A(1).
Pursuant to the Commission's Comprehensive Land Use Plan,
					 the above major districts are divided into various subdistricts. The
					 definition, purpose, and activities regulated within each of the subdistricts
					 are provided in Sub-Chapter II.
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-04 - OFFICIAL LAND USE GUIDANCE MAPS

Current through 2024-29, July 17, 2024
The initial boundaries of the various subdistricts shall be
					 shown on the Official Land Use Guidance Maps filed in the office of the
					 Commission, which maps, and all amendments thereto, are incorporated by
					 reference in these regulations.
The maps shall be the official record of the zoned status
					 of all areas within the Commission's jurisdiction.
Official Land Use Guidance Maps shall be identified as
					 follows:
"This Land Use Guidance Map was adopted by the Maine Land
					 Use Planning Commission on _________________, and became effective on
					 _________________.
This map is certified to be a true and correct copy of the
					 Official Land Use Guidance Map of the Maine Land Use Planning
					 Commission.
By:
					 __________________________________________________"
Director, Maine Land Use Planning Commission
Copies of such maps, and all amendments thereto, certified
					 by a member of the Commission or the Director thereof shall be filed with the
					 State Tax Assessor and with the several Registers of Deeds in the counties
					 wherein the lands depicted on such maps are located.
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-05 - INTERPRETATION OF DISTRICT BOUNDARIES

Current through 2024-29, July 17, 2024
Whenever uncertainty exists as to the boundaries of
					 subdistricts as shown on the Official Land Use Guidance Map, the provisions of
					 12 M.R.S.
					 §685-A(2) shall
					 apply.
In addition, in cases where 2 or more major districts
					 (protection, management or development) apparently apply to a single land area,
					 the Commission will designate the land area for inclusion in that major
					 district which best achieves the legislative purpose and intent as set forth in
					 12 M.R.S.
					 §681 and §
										685-A(1).
Except as otherwise provided, a subdistrict designation
					 appearing on the official Land Use Guidance Maps applies throughout the whole
					 area bounded by such subdistrict boundary lines.
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-07 - EXEMPTIONS

Current through 2024-29, July 17, 2024
Notwithstanding any other provisions contained in this
					 chapter, and provided that unreasonable erosion and sedimentation is prevented
					 by means of adequate and timely temporary and permanent stabilization
					 measures:
A. Normal maintenance and
				  repair, or renovations of any lawfully existing structure or use do not require
				  a permit from the Commission, except that normal maintenance and repair or
				  renovations in areas of special flood hazard shall be regulated in conformance
				  with the requirements of Section
				  10.23,C and must meet applicable
				  development standards in Section
				  10.25,T, Activities in Flood
				  Prone Areas, and all other applicable statutory and regulatory
				  requirements.
B. Utility
				  relocations within the right-of-way of any roadway made necessary by road
				  construction activity do not require a permit from the Commission.
C. "Real estate used or to be used by a
				  public utility, as defined in
				  Title
				  35-A, section102, subsection
				  13, or a person who is issued a
				  certificate by the Public Utilities Commission under
				  Title
				  35-A, section122 may be wholly or partially
				  exempted from regulation to the extent that the Commission may not prohibit
				  such use but may impose terms and conditions for use consistent with the
				  purpose of this chapter, when, upon timely petition, notice and public hearing,
				  the Public Utilities Commission determines that such exemption is necessary or
				  desirable for the public welfare or convenience."12 M.R.S.
				  §685-A(11).
D. Capacity expansions of utility facilities
				  do not require a permit from the Commission.
E. Archaeological excavation adjacent to a
				  body of standing water, flowing water, freshwater wetland, coastal wetland, or
				  sand dune system does not require a permit from the Commission as long as the
				  excavation is conducted by an archaeologist listed on the Maine Historic
				  Preservation Commission level 1 or level 2 approved list.
F. Public utility facilities located within a
				  public right-of-way do not require a permit from the Commission.
				  35-A
				  M.R.S. §2503(20).
Other activities may be exempt from Commission review and
					 approval, including but not limited to those listed in
					 12 M.R.S.
					 §§
												685-A(5) and
					 (12); and 685-B(1-A).
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-08 - CRITERIA FOR ADOPTION OR AMENDMENT OF LAND USE DISTRICT BOUNDARIES

Current through 2024-29, July 17, 2024
A.
GENERAL CRITERIA
Pursuant to
					 12 M.R.S.
					 §685-A(8-A), a land use
					 district boundary may not be adopted or amended unless there is substantial
					 evidence that:
1. The proposed land
				  use district is consistent with the standards for district boundaries in effect
				  at the time, the comprehensive land use plan and the purpose, intent and
				  provisions of 12 M.R.S., chapter 206-A; and
2. The proposed land use district has no
				  undue adverse impact on existing uses or resources or a new district
				  designation is more appropriate for the protection and management of existing
				  uses and resources within the affected area.
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-08-A - LOCATIONAL FACTORS FOR ADOPTION OR AMENDMENT OF LAND USE DISTRICT BOUNDARIES

Current through 2024-29, July 17, 2024
A.
PURPOSE
Locating most new subdistricts for commercial activities
					 and residential subdivisions close to existing development and public services
					 reduces public costs; improves the economic health of existing communities;
					 protects important habitat; and minimizes interference with natural resource
					 based activities such as forestry, agriculture, and recreation. In some cases,
					 land uses that must be conducted near a natural resource or are closely tied to
					 a natural resource should be allowed to locate away from development to ensure
					 a continued natural resource-based economy and a reasonable opportunity for
					 residential development in select locations.
B.
RURAL HUBS
The following minor civil divisions are rural hubs:
					 Ashland, Bethel, Bingham, Calais, Caribou, Carrabassett Valley, Dover-Foxcroft,
					 Eastport, Ellsworth, Farmington, Fort Kent, Gouldsboro, Greenville, Guilford,
					 Houlton, Island Falls, Jackman, Jonesport, Kingfield, Lincoln, Lubec, Machias,
					 Madawaska, Medway, Milbridge, Millinocket, Milo, Oakfield, Old Town, Patten,
					 Presque Isle, Princeton, Rangeley, Rockwood Strip T1 R1 NBKP, Rumford, Saint
					 Agatha, Unity, Van Buren, and Waterford.
C.
PRIMARY AND SECONDARY
				  LOCATIONS
1.
Primary
				  Location.
Each of the following areas within the unorganized and
				  deorganized areas of the State, is within a primary location, except as
				  modified pursuant to Section
				  10.08-A ,C,4:
a. Land within seven miles of the boundary of
				  a rural hub that also is within one mile of a public road;
b. Land within a town, plantation, or rural
				  hub within one mile of a public road;
c. Land within a township listed in Section
				  10.08-A ,C,4,a that also is
				  within one mile of a public road; and
d. Land within 700 feet of a Management Class
				  3 lake where the lake has no existing or potential water quality problems and
				  soils are suitable for development.
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-09 - CRITERIA FOR AMENDMENT OF LAND USE STANDARDS

Current through 2024-29, July 17, 2024
Adoption or amendment of land use standards may not be
					 approved unless there is substantial evidence that the proposed land use
					 standards would serve the purpose, intent and provisions of 12 M.R.S. Chapter
					 206-A, and would be consistent with the Comprehensive Land Use
					 Plan.
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-10 - VARIANCES

Current through 2024-29, July 17, 2024
The Commission may grant variances pursuant to
					 12 M.R.S.
					 §685-A(10) and adopts
					 this section to interpret and implement the statutory provision.
A.
PETITIONS
Any property owner or lessee may petition the Commission
					 for permission to develop the property in a manner otherwise prohibited by the
					 Commission's rules. Variances may be granted only from dimensional
					 requirements, but shall not be granted for establishment of uses otherwise
					 prohibited by the Commission's rules.
B.
GRANTING OF A VARIANCE
The Commission may grant a variance when the Commission
					 finds that the proposed development is in keeping with the general spirit and
					 intent of this chapter, that the public interest is otherwise protected and
					 that strict compliance with the rules and standards adopted by this Commission
					 would cause unusual hardship or extraordinary difficulties because of the
					 following:
1. The access and use needs
				  of a person with a physical disability as defined in
				  5 M.R.S.
				  §4553(7-B) who resides
				  in or regularly uses a structure; this provision shall be applicable only under
				  the following circumstances:
a. Where
				  necessary for the use of residential structures;
b. An alternate proposal approvable under
				  either the provisions of Sub-Chapter III or Section
				  10.11 would not provide a
				  reasonable accommodation to the disability;
c. The variance requested is necessary to
				  afford relief;
d. The hardship is
				  not the result of action taken by the petitioner;
e. The requirements of Section
				  10.10,B,4 and 5 are met for
				  variances in special flood hazard areas; and
f. The Commission may impose conditions on
				  the variance, including limiting the variance to the duration of the disability
				  or to the time that the person with the disability lives on the property;
				  or
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-11 - NONCONFORMING USES AND STRUCTURES

Current through 2024-29, July 17, 2024
A.
PURPOSE
				  AND SCOPE
This section governs structures, uses and lots that were
					 created before the Commission's rules or laws were established, but which do
					 not meet the current rules or laws. This section also governs structures, uses
					 and lots that met the Commission's rules or laws when built or created, but no
					 longer are in conformance due to subsequent revisions to those rules or
					 laws.
In accordance with
					 12 M.R.S.
					 §685-A(5), legally
					 existing nonconforming structures, uses and lots will be allowed to continue.
					 Renovations of these structures, and the construction of certain accessory
					 buildings, are allowed without a permit, except for those located in areas of
					 special flood hazard as defined by rule. However,
					 12 M.R.S.
					 §685-B(7) authorizes
					 the Commission to regulate or prohibit extensions, enlargement, or movement of
					 nonconforming uses and structures. This section clarifies which activities are
					 allowed with a permit, without a permit, or are prohibited in the modification
					 of a legally existing nonconforming structure, use or lot, including such a
					 structure or use that is legally existing nonconforming pursuant to
					 12 M.R.S.
					 §685-B(7-B).
B.
GENERAL
1.
Criteria for Approval.
Permits are required for all expansions, reconstructions, relocations, changes
				  of use, or other development of nonconforming structures, uses and lots, except
				  where specifically provided in Section
				  10.11. In order to obtain a
				  permit, the applicant must meet the approval criteria in
				  12 M.R.S.
				  §685-B(4) and
				  demonstrate that:
a. the project will not
				  adversely affect surrounding uses and resources; and
b. there is no increase in the extent of
				  nonconformance, except as provided in Section
				  10. 11,B,9 or in instances where a
				  road setback is waived by the Commission in order to increase the extent of
				  conformance with a water body setback.
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-12 - SEVERABILITY

Current through 2024-29, July 17, 2024
The provisions of this chapter are severable. If a section,
					 sentence, clause or phrase of this chapter is adjudged by a court of competent
					 jurisdiction to be invalid, such decision shall not affect the validity of the
					 remaining portions of this chapter.
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-13 - EFFECTIVE DATE

Current through 2024-29, July 17, 2024
The effective date of this chapter shall be, as to each
					 particular area within the Commission's jurisdiction, the effective date of the
					 zoning map for such particular area adopted pursuant to this chapter, except as
					 otherwise provided by
					 12 M.R.S.
					 §685-A(7-A).
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-14 - PENALTIES FOR VIOLATIONS

Current through 2024-29, July 17, 2024
A person violating a provision of this chapter is subject
					 to the provisions of
					 12 M.R.S.
					 §685-C(8).
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-15 - APPEALS

Current through 2024-29, July 17, 2024
The appeal of a decision of the Commission or Commission's
					 staff must be taken in accordance with Chapter 4 of these rules and applicable
					 statutes.
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-26 - DIMENSIONAL REQUIREMENTS

Current through 2024-29, July 17, 2024
The following dimensional requirements apply to all lots on
					 which structural development is proposed unless otherwise provided by Section
					 10.26,G.
A.
MINIMUM LOT SIZE
1.
Residential Uses and Residential
				  Campsites.
The minimum lot size for residential uses is 40,000 square
					 feet per dwelling unit or residential campsite except where each dwelling unit
					 is to use a common or community sewer and not on-site subsurface waste water
					 disposal, the minimum lot size shall be 20,000 square feet per dwelling
					 unit.
2.
Commercial,
				  industrial, and other non-residential uses.
The minimum lot size for commercial, industrial, and other
					 non-residential uses involving one or more buildings is 40,000 square feet,
					 except as provided in Section
					 10.26,A,3.
3.
Campsites.
There shall be no minimum lot size requirement for lots
					 developed only with a campsite.
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-27 - ACTIVITY-SPECIFIC STANDARDS

Current through 2024-29, July 17, 2024
The documents referenced within this section may be
					 obtained from the Commission's office in Augusta, or any of its regional
					 offices.
A.
AGRICULTURAL
				  ACTIVITIES
The standards of Section
					 10.27,A apply to agricultural
					 activities. Agricultural activities not in conformance with the standards of
					 Section 10.27,A may
					 be allowed upon issuance of a permit from the Commission provided that such
					 types of activities are allowed in the subdistrict involved. An applicant for
					 such permit shall show by a preponderance of the evidence that the proposed
					 activity, which is not in conformance with the standards of Section
					 10.27,A, shall be conducted in
					 a manner which produces no undue adverse impact upon the resources and uses in
					 the area.
1.
Agricultural
				  Management Activities.
The following requirements shall apply to agricultural
					 management activities in all development and protection subdistricts:
a. All agricultural management practices
				  shall be accomplished in accordance with best management practices, described
				  in the publication, "Manual of Best Management Practices for Maine
				  Agriculture", Maine Department of Agriculture, Conservation and Forestry,
				  Bureau of Agriculture, Food and Rural Resources. (January 2007).
b. Exposed mineral soil created by tilling of
				  soil shall occur no closer to the normal high water mark of any body of
				  standing water, flowing water, or coastal wetland than is indicated by the
				  following table, provided, however, no portion of such exposed mineral soil on
				  a back face shall be closer than 50 feet:
Average Slope of Land Between
								Exposed Mineral Soil and Normal High Water Mark
(Percent)
Width of Strip Between Exposed
								Mineral Soil and Normal High Water Mark
(Feet along Surface of the
								Ground)
0
50
10
90
20
130
30
170
40
210
50
250
60
290
70
330
Table 10.27, A-1. Water body setback requirements for
					 exposed mineral soil created by tilling of soil.
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 › APPENDICES › Appendix 672-10-A - SAMPLE DETERMINATIONS TO IDENTIFY WATER QUALITY LIMITING LAKES

Current through 2024-29, July 17, 2024
Purpose.
The purpose of the following is to
					 determine those lakes where a density of one dwelling unit per 150* feet of
					 shoreline of the lake would increase the phosphorus concentration of the lake
					 water by 5 parts per billion or more.
Method.
The maximum change in phosphorus
					 loading will be determined by:
(1) [DELTA]L = [DELTA]P x DA x R
where
[DELTA] = change
L = phosphorus loading
[DELTA]P = phosphorus concentration
[DELTA]P = .005
								grams/meters3 (approximately equivalent to 5 parts
								per billion)
R = run-off coefficient (average annual
								run-off)
DA = drainage area
Assuming 1/4 time occupancy, four people per dwelling, and
					 a contribution of .4 x 103 grams of phosphorus per
					 person per year to the body of water, the water quality limitation to shoreline
					 development is:
(2) max. [DELTA]L = number of dwelling units .4 x
					 103 grams per year
If development was allowed to a density of 1 dwelling unit
					 per 150 feet of shoreline, the maximum number of dwellings allowed according to
					 shoreline length only would be:
(3) shoreline length = number of dwelling units 150
					 feet
If (3) is greater than (2), the lake is a water quality
					 limiting lake;
If (2) is greater than (3), the lake is not a water quality
					 limiting lake;
* Since the minimum shore lot frontage on major water
					 bodies is 150 feet measured as a straight line between the points of
					 intersection of side lot lines with the normal high water mark of the
					 shoreline, and due to the irregularity of shoreline, the actual average
					 shoreline measure along the normal high water mark for such lot is estimated to
					 be 150 feet.
Sample 1
Madawaska Lake, Aroostook County
Characteristics:
Drainage area
= 82.9 x
								106m2
Run-off coefficient
= .5 m/year
Shoreline length
= 54,000 feet
[DELTA]P
= .005 grams
Calculations:
(1) Maximum [DELTA]L = 20.7 x
					 104 grams per year.
(2) Number of dwelling units allowed based on water quality
					 limitations = 518 dwelling units.
(3) Number of dwelling units allowed based on shoreline
					 length = 360 dwelling units.
Result: Madawaska Lake is not a water quality limiting
					 lake.
Sample 2
Tomah Lake, Washington County
Characteristics:
Drainage Area
= 1.8 x
								106m2
Run-off coefficient
= .6 m/year
Shoreline length
= 7,000 feet
[DELTA]P
= .005 grams
Calculations:
(1) Maximum [DELTA]L = 5.4 x 103
					 grams per year.
(2) Number of dwelling units allowed based on water quality
					 limitations = 14 dwelling units.
(3) Number of dwelling units allowed based on shoreline
					 length = 47 dwelling units.
Result: Tomah Lake is a water quality limiting
					 lake.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 11 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 672-11-1 - Applicability

Current through 2024-29, July 17, 2024
A. This chapter applies to construction or
				reconstruction of a hydropower project, or structural alteration of a
				hydropower project in ways that change water levels or flows, including tidal
				and wave energy projects.
B. Unless
				otherwise specified in this chapter, if the Department is the Administering
				Agency, the requirements of the Department's
Rules Concerning the
				Processing of Applications and Other Administrative Matters
, 06-096
				C.M.R. Chapter 2 (amended October 19, 2015), apply to applications for
				hydropower projects. In the event of inconsistencies between this chapter and
				Chapter 2, applications for hydropower projects will be processed under the
				procedures set forth in this chapter.
C. Unless otherwise specified in this
				chapter, if the Commission is the Administering Agency, the requirements of the
				Commission's
Rules of Practice
, 01-672 C.M.R. Chapter 4, apply
				to applications for hydropower projects. In the event of inconsistencies
				between this chapter and Chapter 4, applications for hydropower projects will
				be processed under the procedures set forth in this chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 11 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 672-11-2 - Administering Agency

Current through 2024-29, July 17, 2024
A.
Department
				of Environmental Protection
. The Department of Environmental Protection
				shall administer the permit process for a hydropower project that:
(1) is located wholly or partly within an
				organized municipality not served by LUPC; or
(2) uses tidal or wave action as a source of
				electrical or mechanical power, regardless of the hydropower project's
				location.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 11 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 672-11-4 - Permit Requirements

Current through 2024-29, July 17, 2024
A.
Prohibition
. No one may initiate construction or reconstruction of
				a hydropower project, or structurally alter a hydropower project in a way that
				changes water levels or flows, without first obtaining a permit from the
				Administering Agency. Normal maintenance and repair of an existing and
				operating hydropower project is exempt from the requirement for a permit,
				provided that:
(1) the activity does not
				involve any dredging or filling below the normal high-water line of any great
				pond, coastal wetland, river, stream or brook; and
(2) the activity does not involve any
				dredging or filling on the land adjacent to any great pond, coastal wetland,
				river, stream or brook such that any dredged spoil, fill or structure may fall
				or be washed into those waters.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 11 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 672-11-5 - Standard of Review

Current through 2024-29, July 17, 2024
The Administering Agency shall approve a project when it
				  finds that the applicant has demonstrated that the following criteria have been
				  met, as set forth in
				  38 M.R.S.
				  §636.
A.
Financial and technical
				capability
. The applicant has the financial capability and technical
				ability to undertake the project. In the event that the applicant is unable to
				demonstrate financial capability, the Department or Commission may grant the
				permit contingent upon the applicant's demonstration of financial capability
				prior to commencement of any permitted activities.
B.
Safety
. The applicant has
				made adequate provisions for protection of public safety.
C.
Public benefits
. The project
				will result in significant economic benefits to the public, including, but not
				limited to, creation of employment opportunities in Maine. The Administering
				Agency shall identify and measure economic benefits and costs using generally
				accepted methods and procedures, such as those published by the United States
				Water Resources Council. In accordance with these methods and procedures,
				economic benefits may include, but are not limited to: increases in the income
				or purchasing power of Maine citizens, energy security from reducing dependence
				upon fossil fuels, and creation of employment opportunities for workers of the
				State. Economic costs may include, but are not limited to: decreases in the
				income or purchasing power of Maine citizens, the value of other hydroelectric
				generating opportunities diminished or eliminated by a project, and the
				elimination of employment opportunities in Maine. To meet this criterion, the
				applicant must demonstrate that:
(1) the
				benefits claimed from the proposed project are real, in that the benefits would
				not result but for the project;
(2)
				the project's economic benefits are greater than its economic costs, and that
				the resulting net benefit is significant when compared to the economic
				conditions likely to exist without the project; and
(3) in cases involving new dams which would
				result in substantial economic costs to the public, the benefits claimed from
				the project have been weighed against the economic conditions that would
				otherwise result from any alternative source(s) of energy generation or
				conservation that might reasonably be pursued in the event that the project is
				not built.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 11 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 672-11-6 - Process and Time Limits for Decisions

Current through 2024-29, July 17, 2024
A.
Administering Agency Action
. Once an application has been accepted
				as complete for processing, the Administering Agency shall either:
(1) approve the proposed project upon such
				terms and conditions as are appropriate and reasonable to protect and preserve
				the environment and the public's health, safety and general welfare, including
				the public interest in replacing fossil fuel-derived energy with hydroelectric
				energy;
(2) disapprove the proposed
				project, setting forth in writing the reasons for the disapproval; or
(3) schedule a hearing on the proposed
				project. Any hearing held under this subsection shall follow the notice
				requirements and procedures for an adjudicatory hearing under
				5 M.R.S. §§9051 -
				9064. After any
				hearing is held under this subsection, the Administering Agency shall make
				findings of fact and issue an order approving or disapproving the proposed
				project.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 11 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 672-11-7 - Terms and Conditions of Approval

Current through 2024-29, July 17, 2024
A.
Authority
. The Administering Agency may approve the proposed
				project upon such terms and conditions as are appropriate and reasonable to
				protect and preserve the environment and the public's health, safety and
				general welfare, including the public interest in replacing fossil fuel-derived
				energy with hydroelectric energy. These terms and conditions may include, but
				are not limited to:
(1) establishment of a
				water level range for the body of water impounded by a hydropower
				project;
(2) establishment of
				instantaneous minimum flows for the body of water affected by a hydropower
				project; and
(3) provisions for the
				construction and maintenance of fish passage facilities.
In those cases where the proposed project involves
				  maintenance, reconstruction or structural alteration at an existing hydropower
				  project and where the proposed project will not alter historic water levels or
				  flows after its completion, the Administering Agency may impose temporary terms
				  and conditions of approval relating to paragraph A or paragraph B of this
				  subsection but shall not impose permanent terms and conditions that alter
				  historic water levels or flows.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 11 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 672-11-8 - Access to the Site

Current through 2024-29, July 17, 2024
The filing of an application for approval of a hydropower
				  project pursuant to
				  38 M.R.S.
				  §633 constitutes the granting of
				  permission by the applicant to allow Administering Agency members and their
				  staff, and others authorized by the Administering Agency to access the site of
				  the proposed project in order to facilitate review of such
				  application.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 11 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 672-11-9 - Severability

Current through 2024-29, July 17, 2024
The provisions of this chapter are severable. If a section,
				  sentence, clause, or phrase of this chapter is adjudged by a court of competent
				  jurisdiction to be invalid, such decision shall not affect the validity of the
				  remaining portions of this chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 12 - LAND USE DISTRICT REQUIREMENTS FOR METALLIC MINERAL MINING AND LEVEL C MINERAL EXPLORATION ACTIVITIES › Section 672-12-1 - Purpose

Current through 2024-29, July 17, 2024
This rule establishes procedures and requirements for changes
				  to land use subdistrict boundaries for metallic mineral mining activities and
				  Level C mineral exploration activities in the Planned Development (D-PD)
				  Subdistrict.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 12 - LAND USE DISTRICT REQUIREMENTS FOR METALLIC MINERAL MINING AND LEVEL C MINERAL EXPLORATION ACTIVITIES › Section 672-12-2 - Applicability

Current through 2024-29, July 17, 2024
The provisions of this rule apply to redistricting
				  requirements for changing a subdistrict to a D-PD Development Subdistrict for
				  the purposes of metallic mineral mining activities and Level C mineral
				  exploration activities within the jurisdiction of the Maine Land Use Planning
				  Commission. Level A and B mineral exploration activities are allowed in
				  appropriate subdistricts in accordance with the requirements and standards set
				  forth in Chapter 10 of the Commission's Land Use Districts and Standards. For
				  the purposes of this rule, the terms "metallic mineral mining activities" and
				  "Level C mineral exploration activities" shall have the meaning given them in
				  Section 10.02 of the Commission's Land Use Districts and
				  Standards.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 12 - LAND USE DISTRICT REQUIREMENTS FOR METALLIC MINERAL MINING AND LEVEL C MINERAL EXPLORATION ACTIVITIES › Section 672-12-3 - Certain Mining Activities to be Conducted in the Planned Development (D-PD) Subdistrict

Current through 2024-29, July 17, 2024
Metallic mineral mining activities and Level C mineral
				  exploration activities shall be allowed only within the D-PD Development
				  Subdistrict. The size of such Subdistrict shall be limited to an area necessary
				  to reasonably conduct authorized mining and Level C mineral exploration
				  activities, and to adequately buffer those activities from surrounding
				  resources or uses, but in no event shall it be less than 50 contiguous
				  acres.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 12 - LAND USE DISTRICT REQUIREMENTS FOR METALLIC MINERAL MINING AND LEVEL C MINERAL EXPLORATION ACTIVITIES › Section 672-12-4 - Requirements for Changes to a Subdistrict Boundary

Current through 2024-29, July 17, 2024
A.
Commission Approval Required
.
				An applicant who seeks a metallic mineral mining or an advanced exploration
				permit from the Department of Environmental Protection under Title 38, chapter
				3, subchapter 1, article 9 for a metallic mineral mining project located wholly
				or in part within the unorganized and deorganized areas of the State must
				petition and receive approval from the Commission for a change in the
				Subdistrict boundary to a D-PD Development Subdistrict. The Commission shall
				hold at least one public hearing on a petition for the D-PD Development
				Subdistrict designation in accordance with Chapter 5 of the Commission's Rules,
				Rules for the Conduct of Public Hearings.
B.
Criteria for Approval of a Petition
				to Change a Subdistrict to a D-PD Development Subdistrict for Metallic Mineral
				Mining and Level C Mineral Exploration Activities
(1) Pursuant to 12 M.R.S.A., Section
				685-A(8-A) no change in a district boundary shall be approved by the Commission
				unless there is substantial evidence that:
(a) The change would be consistent with the
				standards for D-PD Development Subdistrictboundaries in effect at the time; the
				Comprehensive Land Use Plan; and the purpose, intent and provisions of 12
				M.R.S.A. Chapter 206-A; and
(b) The
				change in districting will have no undue adverse impact on existing uses or
				resources or a new district designation is more appropriate for the protection
				and management of existing uses and resources within the affected
				area.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 15 - GUIDELINES FOR PRIVATE ROADS OR WAYS IN THE LAND USE PLANNING COMMISSION'S MANAGEMENT DISTRICTS › Section 672-15-01 - Introduction

Current through 2024-29, July 17, 2024
The Land Use Regulation law (
				   12 M.R.S.A.
				  §685-A(5) ) provides
				  that roads in management districts constructed and maintained in accordance
				  with the guidelines of Section 6 of the Commission's Land Use Handbook,
				  "Erosion Control on Logging Jobs," as originally published or subsequently
				  revised, do not require a permit. Chapter 15 was adopted as a supplement to
				  Section 6 of the Land Use Handbook and includes these guidelines, which have
				  the following objectives:
1. To
				fulfill the Legislature's intent, expressed in 12 M.R.S.A. §685-A(5), that
				roads in upland areas, including private roads, adhere to basic environmental
				standards;
2. To provide guidelines
				for the location and construction of certain roads in management districts, a
				type of activity which the original version of Section 6 of the Land Use
				Handbook was not designed to address directly;
3. To provide meaningful guidelines for such
				roads in a manner that is consistent with the spirit and intent of the law,
				Section 6 of the Handbook, and LUPC regulations for roads in protection
				districts;
4. To maintain the
				integrity of Section 6 of the Handbook as an informal educational booklet
				designed for small logging operations by providing these guidelines as a
				supplement to the Handbook.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 15 - GUIDELINES FOR PRIVATE ROADS OR WAYS IN THE LAND USE PLANNING COMMISSION'S MANAGEMENT DISTRICTS › Section 672-15-02 - Applicability

Current through 2024-29, July 17, 2024
These guidelines apply to construction of private roads and
				  ways covering 3 or more acres in LUPC management districts. Road construction
				  that complies with these guidelines does not require a permit from the
				  Commission, except as provided in the Commission's wetland rules in Chapter 10.
				  Other roads are regulated according to Chapter 10, Land Use Districts and
				  Standards, of the Commission's rules.
The following table may be used as a guide in determining
				  whether a proposed road exceeds the three-acre threshold:
TABLE FOR DETERMINING WHEN A ROAD
						  AFFECTS THREE OR MORE ACRES OF GROUND AREA
Width of road (includes only unvegetated portion
						  of ROW) (feet)
Length of road at which three acres of area is
						  affected (miles)
12
2.06
16
1.55
20
1.24
24
1.03
28
0.88
32
0.77
36
0.69
40
0.62
In calculating whether the three-acre threshold of the law
				  has been exceeded:
1. The area of
				continuous road to be constructed, exclusive of banks, ditches, and portions of
				the right-of-way which are to be revegetated within two growing seasons from
				the time of construction, shall be included.
2. The area of roads constructed prior to
				January 5, 1981, shall not be included, unless otherwise specified.
3. The reconstruction of an existing road,
				including widening or straightening, shall be included.
4. Normal maintenance of an existing road,
				including gravel resurfacing, grading, reditching, reshaping, culvert
				maintenance and replacement, and the clearing of brush, shall not be included.
Once a continuous stretch of road exceeds the three-acre
				  threshold, all portions of the road and additions to the road must comply with
				  these standards in order to qualify for exemption from permitting.
Guidelines for Roads in Management
				  Districts
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 15 - GUIDELINES FOR PRIVATE ROADS OR WAYS IN THE LAND USE PLANNING COMMISSION'S MANAGEMENT DISTRICTS › Section 672-15-03 - Planning and Location

Current through 2024-29, July 17, 2024
(Refer to Handbook, Section 6 )
1. The location of roads should be planned
				and laid out, both on paper and on the ground, before starting
				construction.
2. As a general rule,
				landowners should give advance consideration to avoiding areas where road
				location or increased public access are not desirable. In this regard, areas
				near water bodies and in wetlands, steep slopes, wildlife habitat, high
				mountain areas, areas of historical or cultural significance, and remote
				recreational areas should be avoided wherever possible.
3. Roads should be laid out so that the
				number of stream crossings is kept to the minimum practicable. In order to
				avoid excessive cuts and fills, the general contours of the land should be
				utilized to the fullest extent possible.
4. To facilitate the control of water and
				drainage of road surfaces, roads should also be laid out, whenever practical,
				to utilize southerly slopes and to follow contours of side slopes.
5. Road grades should be kept below ten
				percent except for short distances where the grade may exceed ten
				percent.