§685-B. Development review and approval
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. Review and approval required.
Except as provided in this section or by commission rule:
A. A structure or part of a structure may not be erected, changed, converted or wholly
or partly altered or enlarged in its use or structural form without a permit issued by the commission. Normal maintenance or repair may be made to a structure or part of a structure
without a permit issued by the commission in locations other than areas of special
flood hazard as defined in the commission's rules; [2009, c. 111, §2 (AMD).]
B. A person may not commence development of or construction on any lot, parcel or dwelling
unit within any subdivision or sell or offer for sale any interest in any lot, parcel
or dwelling unit within any subdivision without a permit issued by the commission;
or [1999, c. 333, §12 (RPR).]
C. A person may not commence any construction or operation of any development without
a permit issued by the commission. [1999, c. 333, §12 (RPR).]
[
2009, c. 111, §2 (AMD)
.]
1-A. Exceptions.
Except as provided in this section or by commission rule:
A. A permit is not required for the repair and maintenance of an existing road culvert
or for the replacement of an existing road culvert, as long as the replacement culvert
is:
(1) No more than one standard culvert size wider in diameter than the culvert being
replaced;
(2) No more than 25% longer than the culvert being replaced; and
(3) No longer than 75 feet.
Ancillary culverting activities, including excavation and filling, are included in
this exemption. A person repairing, replacing or maintaining an existing culvert
under this paragraph shall ensure that erosion control measures are taken to prevent
sedimentation of the water and that the crossing does not block fish passage in the
water course; [2001, c. 402, §4 (AMD).]
B. 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 the 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; [2011, c. 682, §14 (AMD).]
B-1. (TEXT EFFECTIVE UNTIL 1/1/16) 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 from
the commission is not required for a development of state or regional significance
that may substantially affect the environment as defined in Title 38, section 482,
subsection 2. A project meeting that definition is reviewed under Title 38, section
489-A-1. A person submitting a development proposal to the Department of Environmental
Protection under Title 38, section 489-A-1 shall file a notice of the intent to develop
and a map indicating the location of the proposed development with the commission
prior to or concurrently with submission of a development application to the Department
of Environmental Protection. The Department of Environmental Protection must receive
certification from the commission that the proposed development is an allowed use
within the subdistrict or subdistricts for which it is proposed and the proposed development
meets any land use standard established by the commission that is not considered in
the department's review under Title 38, section 489-A-1, subsection 1 before issuing
a permit. Nothing in this subsection may be construed as prohibiting the commission
from enforcing the land use standards certified to the Department of Environmental
Protection under this paragraph; [RR 2011, c. 2, §9 (COR).]
(Paragraph B-1 as enacted by PL 2011, c. 653, §2 and affected by §33 is REALLOCATED
TO TITLE 12, SECTION 685-B, SUBSECTION 1-A, PARAGRAPH B-2)
B-1. (TEXT EFFECTIVE 1/1/16) 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 from
the commission is not required for a development of state or regional significance
that may substantially affect the environment as defined in Title 38, section 482,
subsection 2. A project meeting that definition is reviewed under Title 38, section
489-A-1. A person submitting a development proposal to the Department of Environmental
Protection under Title 38, section 489-A-1 shall file a notice of the intent to develop
and a map indicating the location of the proposed development with the commission
prior to or concurrently with submission of a development application to the Department
of Environmental Protection. The Department of Environmental Protection must receive
certification from the commission that the proposed development is an allowed use
within the subdistrict or subdistricts for which it is proposed and the proposed development
meets any land use standard established by the commission that is not considered in
the department's review under Title 38, section 489-A-1, subsection 1 before issuing
a permit. The commission may not certify that a proposed expedited wind energy development,
as defined in Title 35-A, section 3451, subsection 4, within the expedited permitting
area, as defined in Title 35-A, section 3451, subsection 3, is an allowed use if a
relevant petition is pending under Title 35-A, section 3453-A. Nothing in this subsection may be construed as prohibiting the commission from enforcing
the land use standards certified to the Department of Environmental Protection under
this paragraph; [2015, c. 265, §2 (AMD); 2015, c. 265, §10 (AFF).]
(Paragraph B-1 as enacted by PL 2011, c. 653, §2 and affected by §33 is REALLOCATED
TO TITLE 12, SECTION 685-B, SUBSECTION 1-A, PARAGRAPH B-2)
B-2. (REALLOCATED FROM T. 12, §685-B, sub-§1-A, ¶B-1) A permit is not required for a project for mining of metallic minerals that is reviewed
under the Maine Metallic Mineral Mining Act. A person submitting a permit application
to 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 shall file a notice of the intent
to develop and a map indicating the location of the proposed development with the
commission prior to or concurrently with submission of a development application to
the Department of Environmental Protection. The commission must certify to the department
that the proposed development is an allowed use within the subdistrict or subdistricts
for which it is proposed and that the proposed development meets any land use standards
established by the commission and applicable to the project that are not considered
in the department's review. This paragraph does not prohibit the commission from
enforcing the land use standards certified to the Department of Environmental Protection
under this paragraph; [RR 2011, c. 2, §10 (AFF); RR 2011, c. 2, §8 (RAL).]
C. A permit is not required for a campsite in a management district; [2009, c. 270, Pt. D, §2 (AMD).]
D. A permit is not required for an offshore wind energy demonstration project approved
by the Department of Environmental Protection pursuant to Title 38, section 480-HH.
Notice of the 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 an application to the Department of Environmental Protection pursuant to Title
38, section 480-HH; and [2009, c. 270, Pt. D, §3 (NEW).]
E. A permit or other approval by the commission is not required for a hydropower project
that uses tidal or wave action as a source of electrical or mechanical power or is located partly within
an organized municipality and partly within an unorganized territory. [2009, c. 615, Pt. F, §1 (AMD).]
[
2015, c. 265, §2 (AMD);
2015, c. 265, §10 (AFF)
.]
1-B. Delegation to staff.
The commission may establish standards by which authority may be delegated to its
staff, to approve with reasonable conditions or deny applications submitted. Any
person aggrieved by a decision of the staff has the right to a review of that decision
by the commission. A request for such a review must be made within 30 days of the
staff decision.
[
1999, c. 333, §13 (NEW)
.]
1-C. Delegation to county.
The commission may establish standards by which authority may be delegated to a county,
upon request of the county commissioners, to approve, approve with reasonable conditions
or deny applications to conduct specified activities requiring a permit and to enforce
compliance with the permit. Any person aggrieved by a decision of a county has the
right to appeal that decision to the commission. Such an appeal must be made within
30 days after the county decision.
[
2011, c. 682, §16 (NEW)
.]
2. Application for approval.
The application forms for approval, as provided by the commission, must be completed
and signed by the applicant and must be accompanied by the following:
A. A plan of the proposed structure, subdivision or development showing the intended
use of the real estate, the proposed change, the details of the project and such other
information as may be required by the commission to determine conformance with applicable
land use standards; [1989, c. 681, §1 (AMD).]
B. The fee prescribed by the commission rules, that fee to be a minimum of $50 but
no greater than 1/4 of 1% of the total development costs. The fees apply to all amendments except for minor changes to building permits.
In addition to the fee paid in accordance with this paragraph, the director of the
Maine Land Use Planning Commission may assess a processing fee on applications for
extraordinary projects in accordance with section 685-F; [2007, c. 114, §1 (AMD); 2011, c. 682, §38 (REV).]
C.
[1977, c. 564, §51 (RP).]
D. Evidence of sufficient right, title or interest in all of the property that is proposed
for development or use. For purposes of this subsection, the written permission of
the record owner or owners of flowed land is deemed sufficient right, title or interest
to confer standing for submission of a permit application, provided that the letter
of permission specifically identifies the activities being performed and the area
that may be used for that purpose. The commission may not refuse to accept, under
this paragraph, a permit application for any prohibited activity if the owner or lessee
of land adjoining a great pond has made a diligent effort to locate the record owner
or owners of the flowed land in question and has been unable to do so; and [1989, c. 681, §1 (AMD).]
E. For a new or expanded development requiring an annual supply of wood or wood-derived
materials in excess of 150,000 tons green weight, a wood supply plan for informational
purposes to the Maine Forest Service at the time of application. The wood supply
plan must include, but is not limited to, the following information:
(1) The expected operational life of the development;
(2) The projected annual wood consumption of wood mill residue, wood fiber and recycled
materials from forest products during the entire operational life of the development;
(3) The expected market area for wood supply necessary to supply the development;
and
(4) Other relevant wood supply information. [1989, c. 681, §1 (NEW).]
[
2007, c. 114, §1 (AMD);
2011, c. 682, §38 (REV)
.]
2-A. Priority for processing.
Applications to replace destroyed seasonal or permanent structures shall be given
top priority for processing when hardship can be demonstrated by the applicant provided
that:
A. The dimensions of the new structure are not greater than the preexisting structure;
and [1989, c. 22, §1 (NEW).]
B. The new structure will not adversely affect surrounding uses and resources. [1989, c. 22, §1 (NEW).]
[
1989, c. 22, §1 (NEW)
.]
2-B. Determination deadline.
The commission shall render its determination on an application for subdivision
approval within 60 days after the commission determines that the application is complete
and the proposal is a permitted use within the affected district or subdistrict.
[
1989, c. 584, §2 (NEW);
1989, c. 810, §2 (AMD)
.]
2-C. Wind energy development; community-based offshore wind energy projects; determination
deadline.
For purposes of this subsection, "expedited permitting area," "grid-scale wind energy
development" and "wind energy development" have the same meanings as in Title 35-A,
section 3451. The following provisions govern wind energy development.
A. The commission shall consider any wind energy development in the expedited permitting
area under Title 35-A, chapter 34-A with a generating capacity of 100 kilowatts or
greater or a community-based offshore wind energy project a use requiring a permit,
but not a special exception, within the affected districts or subdistricts. [2011, c. 682, §17 (RPR).]
B. All grid-scale wind energy development proposed for the unorganized or deorganized
areas of the State is reviewed and permits are issued by the Department of Environmental
Protection under Title 35-A, chapter 34-A and Title 38, section 489-A-1. [2011, c. 682, §17 (RPR).]
C. For an offshore wind energy project that is proposed within one nautical mile of an
island within the unorganized or deorganized areas, the commission shall review the
proposed project to determine whether the project qualifies as a community-based offshore
wind energy project and therefore is within the jurisdiction of the commission. [2011, c. 682, §17 (NEW).]
D. Except for a grid-scale wind energy project, the commission may require an applicant
to provide a timely notice of filing prior to filing an application for, and may require
the applicant to attend a public meeting during the review of, a wind energy development
or a community-based offshore wind energy project. For projects or development located
within the expedited permitting areas, the commission shall render its determination
on an application for such a development or project within 185 days after the commission
determines that the application is complete, except that the commission shall render
such a decision within 270 days if it holds a hearing on the application. The chair
of the Public Utilities Commission or the chair's designee shall serve as a nonvoting
member of the commission and may participate fully but is not required to attend hearings
when the commission considers an application for a community-based offshore wind energy
project. The chair's participation on the commission pursuant to this subsection
does not affect the ability of the Public Utilities Commission to submit information
into the record of the commission's proceedings. [2011, c. 682, §17 (NEW).]
E. At the request of an applicant, the commission may stop the processing time for a
period of time agreeable to the commission and the applicant. The expedited review
period specified in paragraph D does not apply to the associated facilities, as defined
in Title 35-A, section 3451, subsection 1, of the wind energy development or community-based
offshore wind energy project if the commission determines that an expedited review
time is unreasonable due to the size, location, potential impacts, multiple agency
jurisdiction or complexity of that portion of the development or project. [2011, c. 682, §17 (NEW).]
[
2011, c. 682, §17 (RPR)
.]
3. Hearings and procedures.
[
1999, c. 333, §14 (RP)
.]
3-A. Hearings and procedures.
Hearings and procedures in connection with the review and approval of a permit application
are subject to this subsection. To the extent practicable, hearings held under this subsection must be held at a location
in close proximity to the project or projects under review.
A. The commission may determine on its own motion to hold a hearing on the application. [1999, c. 333, §15 (NEW).]
B. If the commission determines to act upon a permit application without a hearing, the
commission, within 90 days after receiving the complete application, shall make findings
of fact and issue an order either granting approval, subject to reasonable terms and
conditions that the commission determines appropriate in order to fulfill the requirements
and intent of this chapter, the comprehensive land use plan and the commission's standards,
or denying approval of the application as proposed. [1999, c. 333, §15 (NEW).]
C. Any person aggrieved by a decision of the commission or its staff concerning any permit
application upon which no hearing was held may, within 30 days of that decision, petition
the commission for a hearing. The commission is not required to hold a hearing, but
shall respond within 45 days of receipt of the petition by notifying the petitioner
in writing of the date, time and place set for the requested hearing or of the denial
of the request. [1999, c. 333, §15 (NEW).]
D. Within 60 days after the commission adjourns any hearing held under this subsection,
it shall make findings of fact and issue an order either granting approval, subject
to reasonable terms and conditions that the commission determines appropriate in order
to fulfill the requirements and intent of this chapter, the comprehensive land use
plan and the commission's standards, or denying approval of the application as proposed. [1999, c. 333, §15 (NEW).]
[
2011, c. 682, §18 (AMD)
.]
4. Criteria for approval.
In approving applications submitted to it pursuant to this section, the commission
may impose such reasonable terms and conditions as the commission may consider appropriate.
In making a decision under this subsection regarding an application for a community-based
offshore wind energy project, the commission may not consider whether the project
meets the specific criteria designated in section 1862, subsection 2, paragraph A,
subparagraph (6), divisions (a) to (d). This limitation is not intended to restrict
the commission's review of related potential impacts of the project as determined
by the commission.
The commission may not approve an application, unless:
A. Adequate technical and financial provision has been made for complying with the requirements
of the State's air and water pollution control and other environmental laws, and those
standards and regulations adopted with respect thereto, including without limitation
the minimum lot size laws, sections 4807 to 4807-G, the site location of development
laws, Title 38, sections 481 to 489-E, and the natural resource protection laws, Title 38, sections 480-A to 480-Z, and
adequate provision has been made for solid waste and sewage disposal, for controlling
of offensive odors and for the securing and maintenance of sufficient healthful water
supplies; [2011, c. 653, §3 (AMD); 2011, c. 653, §33 (AFF).]
B. Adequate provision has been made for loading, parking and circulation of land, air
and water traffic in, on and from the site, and for assurance that the proposal will not cause congestion
or unsafe conditions with respect to existing or proposed transportation arteries
or methods; [2011, c. 682, §19 (AMD).]
C. Adequate provision has been made for fitting the proposal harmoniously into the existing
natural environment in order to ensure there will be no undue adverse effect on existing
uses, scenic character and natural and historic resources in the area likely to be
affected by the proposal. In making a determination under this paragraph regarding
development to facilitate withdrawal of groundwater, the commission shall consider
the effects of the proposed withdrawal on waters of the State, as defined by Title
38, section 361-A, subsection 7; water-related natural resources; and existing uses,
including, but not limited to, public or private wells, within the anticipated zone
of contribution to the withdrawal. In making findings under this paragraph, the commission
shall consider both the direct effects of the proposed withdrawal and its effects
in combination with existing water withdrawals.
In making a determination under this paragraph regarding a community-based offshore wind energy project, the commission shall consider the project's effects on scenic character and existing uses related to scenic character
in accordance with Title 35-A, section 3452.
In making a determination under this paragraph regarding a wind energy development,
as defined in Title 35-A, section 3451, subsection 11, that is not a grid-scale wind
energy development, that has a generating capacity of 100 kilowatts or greater and
that is proposed for location within the expedited permitting area, the commission
shall consider the development's or project's effects on scenic character and existing
uses relating to scenic character in the manner provided for in Title 35-A, section
3452; [2011, c. 682, §19 (AMD).]
C-1. With respect to a wind energy development that has a generating capacity of 100 kilowatts
or greater, the person proposing the development has received certification from the
Department of Environmental Protection in the manner provided under Title 35-A, section
3456; [2011, c. 682, §19 (NEW).]
D. The proposal will not cause unreasonable soil erosion or reduction in the capacity
of the land to absorb and hold water and suitable soils are available for a sewage
disposal system if sewage is to be disposed on-site; [1999, c. 333, §17 (AMD).]
E. The proposal is otherwise in conformance with this chapter and the regulations, standards
and plans adopted pursuant thereto; and [2007, c. 661, Pt. C, §3 (AMD).]
F. In the case of an application for a structure upon any lot in a subdivision, that
the subdivision has received the approval of the commission. [1973, c. 569, §11 (NEW).]
The burden is upon the applicant to demonstrate by substantial evidence that the criteria
for approval are satisfied, and that the public's health, safety and general welfare
will be adequately protected. The commission shall permit the applicant and other parties to provide evidence on the
economic benefits of the proposal as well as the impact of the proposal on energy
resources.
[
2011, c. 653, §3 (AMD);
2011, c. 653, §33 (AFF);
2011, c. 682, §19 (AMD)
.]
4-A. Subdivision of land subject to liquidation harvesting.
The commission may not approve an application for a subdivision if the commission
determines that timber on the parcel proposed for subdivision has been harvested in
violation of rules adopted pursuant to section 8869, subsection 14. If a violation
of rules adopted by the Maine Forest Service to substantially eliminate liquidation
harvesting has occurred, the commission must determine prior to granting approval
for the subdivision that 5 years have elapsed from the date the landowner under whose
ownership the harvest occurred acquired the parcel. The commission may request technical
assistance from the Maine Forest Service to determine if a rule violation has occurred.
For the purposes of this subsection, "liquidation harvesting" has the same meaning
as in section 8868, subsection 6 and "parcel" means a contiguous area within one municipality,
township or plantation owned by one person or a group of persons in common or joint
ownership. This subsection takes effect on the effective date of rules adopted pursuant
to section 8869, subsection 14.
[
2003, c. 622, §1 (NEW)
.]
4-B. Special provisions; community-based offshore wind energy project.
In the case of a community-based offshore wind energy project, the developer must demonstrate, in
addition to requirements under subsection 4, that the proposed generating facilities,
as defined in Title 35-A, section 3451, subsection 5:
A. Will meet the requirements of the Board of Environmental Protection's noise control
rules adopted pursuant to Title 38, chapter 3, subchapter 1, article 6; [2007, c. 661, Pt. C, §4 (NEW).]
B. Will be designed and sited to avoid undue adverse shadow flicker effects; and [2011, c. 682, §20 (AMD).]
C. Will be constructed with setbacks adequate to protect public safety, as provided in
Title 35-A, section 3455. In making findings pursuant to this paragraph, the commission
shall consider the recommendation of a professional, licensed civil engineer as well
as any applicable setback recommended by a manufacturer of the generating facilities. [2011, c. 682, §20 (AMD).]
D. [2011, c. 682, §20 (RP).]
[
2011, c. 682, §20 (AMD)
.]
5. Limitation, expiration, transfer and revocation of approval.
Commission authorization pursuant to this section shall permit only the arrangement
and construction set forth in the approval as issued. Change in use, arrangement or
construction shall be considered a violation of this chapter and punishable as provided
in this chapter.
A violation of any condition attached to a commission approval or permit, or any change
in use, arrangement or construction from that approved, shall be deemed a violation
of this chapter and, in addition to any other penalties or remedies prescribed herein
or otherwise provided by law, shall constitute grounds for the revocation or suspension
of this approval. The commission may, acting in accordance with Title 5, section 10003,
amend, modify or refuse to renew any commission approval or permit where the commission
determines that the criteria for approval set forth in subsection 4, paragraphs A
to F, have not been, are not being, or will not be satisfied.
[
1977, c. 694, §232 (AMD)
.]
6. Recording of approved proposals.
A copy of each application, marked approved or disapproved, shall be retained in
the commission files and shall be available to the public during normal business hours.
In the event the commission approves an application for subdivision approval, a copy
of an approved plat or plan and a copy of the conditions required by the commission
to be set forth in any instrument conveying an interest within the subdivision attested
to by an authorized commission signature shall be filed with the appropriate registry
of deeds in the county in which the real estate lies.
A registrar of deeds shall not record a copy of conditions or any plat or plan purporting
to subdivide real estate located within the unorganized and deorganized lands of the
State, unless the commission's approval is evidenced thereon.
The grantee of any conveyance of unrecorded subdivided real estate or subdivided real
estate recorded in violation of this section may recover the purchase price, at interest,
together with damages and costs in addition to any other remedy provided by law.
[
1987, c. 885, §5 (AMD)
.]
6-A. Recording of land division plan required.
A copy of each land division plan must be recorded in the registry of deeds of the
county in which the land is located.
A. When 3 to 10 lots each containing at least 40 acres are created within a 5-year
period and are located more than 1,320 feet from the normal high water line of any
great pond or river and more than 250 feet from the upland edge of a coastal or freshwater
wetland as defined in Title 38, section 436-A, a plan showing the division of the
original parcel must be filed by the person creating the 3rd lot with the commission
within 60 days of the creation of that lot. The plan must state that the lots may
be used only for forest management, agricultural management or conservation of natural
resources. [2001, c. 431, §4 (AMD).]
B. A register of deeds may not record any plan depicting these lots within the unorganized
and deorganized lands of the State unless the commission's certification that the
division qualifies under section 682-B is evidenced on the plan. The commission must
determine whether the plan qualifies under section 682-B within 15 business days of
receipt of the plan. [2001, c. 431, §4 (AMD).]
C. A copy of the certified plan must be filed within 30 days of certification with
the State Tax Assessor and the appropriate registry of deeds in the county in which
the land is located. [1991, c. 687, §2 (NEW).]
D. Failure to file the plan required by this subsection is a violation of this chapter
subject to the penalties provided in section 685-C, subsection 8. [1991, c. 687, §2 (NEW).]
[
2001, c. 431, §4 (AMD)
.]
6-B. Notification of land division required.
[
2001, c. 431, §5 (RP)
.]
7. Nonconforming uses and nonconforming structures.
To achieve the purposes set forth in this chapter after the adoption of permanent
district standards and permanent districts, the commission may regulate and prohibit
expansion and undue perpetuation of nonconforming uses. Specifically the commission
may regulate and prohibit:
A. Changes in nonconforming uses to another nonconforming use; [1971, c. 457, §5 (NEW).]
B. Extension or enlargement of nonconforming uses or nonconforming structures; [1989, c. 22, §2 (AMD).]
C. Resumption of nonconforming uses, by prohibiting such resumption if such use is
discontinued for 2 years or abandoned; and [1973, c. 569, §11 (AMD).]
D. Movement or enlargement of a nonconforming structure or of a structure containing
a nonconforming use. [1971, c. 457, §5 (NEW).]
The commission may also provide for the termination of commercial or industrial nonconforming
uses by specifying in land use standards the period or periods in which nonconforming
uses shall be terminated and by adjusting such compulsory terminations so as to allow
reasonable time for the conversion of such nonconforming uses and reasonable schedules
for the amortization of investment.
Any use for which a special exception has been granted by the commission, as provided
for in section 685-A, subsection 10, shall not be deemed a nonconforming use, but
shall be deemed a conforming use in such district.
For applications to reconstruct a damaged or destroyed nonconforming structure, the
commission shall require the new structure to comply with provisions of this chapter
to the maximum extent possible.
[
1989, c. 22, §2 (AMD)
.]
7-A. Reconstruction of commercial sporting camps.
The commission may approve a permit for the reconstruction of a damaged or destroyed
nonconforming commercial sporting camp that was a permissible use under commission
standards at the time of the damage or destruction. The commission may, consistent
with public health, safety and welfare, and to the minimum extent necessary, waive
standards that made the original structure nonconforming. The reconstructed structure
must replicate the original structure and use to the maximum extent possible and it
must be on the same location and within the same footprint as the original structure.
Reconstruction must occur within 2 years of the damage or destruction.
[
1995, c. 386, §3 (NEW)
.]
8. Certificates of compliance.
It shall be unlawful to use or occupy or permit the use or occupancy of any land,
structure, or part thereof, created, erected, changed, converted, or wholly or partly
altered or enlarged in its use or structural form, requiring subsequent review and
approval pursuant to this subchapter, until a certificate of compliance has been issued
therefor by the commission stating that the requirements and conditions of approval
have been met.
A certificate of compliance may contain such terms and conditions as will protect
the health, safety and general welfare of the occupants, users and the public.
The commission may establish standards within which authority shall be delegated to
its staff, to issue or deny certificates of compliance. Any person aggrieved by a
decision of the staff shall have the right to a review of such decision by the commission
members within 30 days of such decision.
[
1973, c. 569, §11 (AMD)
.]
9. Periodic review of district boundaries and land use standards.
[
1973, c. 569, §12 (RP)
.]
10. Moratorium.
The commission may adopt a moratorium on the processing or issuance of development
permits on a township-by-township basis, on portions of a township or on portions
of the territory under its jurisdiction. Any moratorium adopted by the commission
must meet the following requirements.
A. The moratorium must be necessary:
(1) To prevent the shortage or overburdening of public facilities which would otherwise
occur during the effective period of the moratorium or which is reasonably foreseeable
as a result of any proposed or anticipated development; or
(2) Because the application of existing comprehensive plans, land use or zoning
regulations or other applicable laws, if any, is inadequate to prevent serious public
harm from residential, commercial or industrial development in the affected geographic
area. [1989, c. 47, §2 (NEW).]
B. The moratorium must be of a definite term not to exceed 180 days except that the
moratorium may be extended for additional 180-day periods provided that the commission:
(1) Finds that the problem creating the need for a moratorium still exists; and
(2) Finds that reasonable progress is being made to alleviate the problem creating
the need for a moratorium. [1989, c. 47, §2 (NEW).]
C. Any organized town or plantation which has petitioned the commission to remove that
town or plantation from the jurisdiction of the Maine Land Use Planning Commission
in compliance with section 685-A, subsection 4, may, through a town meeting, vote
to adopt a moratorium to provide a period of time for the town or plantation to adopt
a local comprehensive plan and zoning ordinance and to establish a municipal reviewing
authority. The moratorium must be in compliance with paragraphs A and B. The municipal
officers, acting in place of the commission, may extend the moratorium pursuant to
paragraph B after notice and hearing. [1989, c. 47, §2 (NEW); 2011, c. 682, §38 (REV).]
[
1989, c. 47, §2 (NEW);
2011, c. 682, §38 (REV)
.]
SECTION HISTORY
1971, c. 457, §5 (NEW).
1971, c. 544, §§28F-28I (AMD).
1971, c. 618, §§12,17 (AMD).
1971, c. 619, §§6,7 (AMD).
1973, c. 569, §§11,12 (AMD).
1977, c. 213, §§1-3 (AMD).
1977, c. 360, §17 (AMD).
1977, c. 564, §51 (AMD).
1977, c. 694, §§228-232 (AMD).
1979, c. 127, §§68,69 (AMD).
1981, c. 194, §1 (AMD).
1985, c. 819, §§A18,19 (AMD).
1987, c. 653, §4 (AMD).
1987, c. 769, §A49 (AMD).
1987, c. 771, §§1,2 (AMD).
1987, c. 885, §§3-5 (AMD).
1989, c. 22, §§1,2 (AMD).
1989, c. 47, §2 (AMD).
1989, c. 430, §§1,2 (AMD).
1989, c. 584, §2 (AMD).
1989, c. 585, §E1 (AMD).
1989, c. 596, §G1 (AMD).
1989, c. 681, §1 (AMD).
1989, c. 810, §2 (AMD).
1989, c. 878, §A31 (AMD).
1991, c. 9, §E9 (AMD).
1991, c. 46, §1 (AMD).
1991, c. 528, §E8 (AMD).
1991, c. 528, §RRR (AFF).
1991, c. 591, §E8 (AMD).
1991, c. 687, §2 (AMD).
1993, c. 410, §U1 (AMD).
1995, c. 386, §3 (AMD).
1995, c. 487, §1 (AMD).
1997, c. 335, §1 (AMD).
1999, c. 333, §§12-17 (AMD).
2001, c. 402, §§4,5 (AMD).
2001, c. 431, §§4,5 (AMD).
2003, c. 622, §1 (AMD).
2005, c. 107, §1 (AMD).
2005, c. 107, §4 (AFF).
2005, c. 452, §A1 (AMD).
2007, c. 114, §1 (AMD).
2007, c. 661, Pt. C, §§2-4 (AMD).
2009, c. 111, §2 (AMD).
2009, c. 270, Pt. D, §§1-4 (AMD).
2009, c. 492, §§1, 2 (AMD).
2009, c. 615, Pt. D, §§3-5 (AMD).
2009, c. 615, Pt. F, §1 (AMD).
RR 2011, c. 2, §10 (AFF).
RR 2011, c. 2, §§8, 9 (COR).
2011, c. 653, §§2, 3 (AMD).
2011, c. 653, §33 (AFF).
2011, c. 682, §§14-20 (AMD).
2011, c. 682, §38 (REV).
2015, c. 265, §2 (AMD).
2015, c. 265, §10 (AFF).
