01-672-1 Me. Code R. § 02

Current through 2024-51, December 18, 2024

Section 672-1-02 - Schedule of Fees

A.General Provisions

1. Fees that are based on acres, square feet, or linear feet are calculated using the square feet or linear feet of all new, reconstructed, replaced, expanded, or changes in use to nonconforming structures, disturbed areas, or other development, including utility lines. Legally existing development is not counted in the fee calculation. For utility lines, roads, land management roads, and natural resource extraction, only the portions of the project or the additional length, acreage, or withdrawal that triggers permit review are subject to application fees.

2. Except as may be provided by Section 1.02(B), application fees for major amendments to permits are assessed using the same method as the application fees for an initial permit application.

3. No application for a permit or zone change, or request for certificate of compliance, advisory ruling, certification, variance, or service will be processed until the fees have been paid in full in accordance with this rule.

4. All fees are non-refundable, except any fees assessed in accordance with Section 1.02(E)(2)(c), and Section 1.02(E)(3) that exceed actual processing costs.

B.Fees for Applications, Advisory Rulings, Certifications, and Certificates of Compliance

Except as provided in Sections 1.02(C) through (E), the following fees are required for processing applications, requests for advisory rulings, certifications, and certificates of compliance Unless otherwise indicated, the fees listed below will be assessed only for activities or projects, or portions of the activity or project that require approval from the Commission.

The application fee is the sum of the applicable provisions of Sections 1 through 4 below.

Base Fee

+ Activity Specific Fee

+ Fees for Uses Allowed by Special Exception (if applicable)

+ After-the-Fact Fee (if applicable)

= Application Fee

1.Base Fee and Maximum Fee.

Applications proposing more than one land use will be assessed the highest applicable base fee listed below, except that shoreland alterations must always be assessed a separate base fee.

a. Advisory ruling requests - not involving subdivision interpretations1	$100.00	Base fee
b. Advisory ruling requests - subdivision interpretations1	$150.00	Base fee for requests involving up to five transactions
$300.00	Base fee for requests involving more than five but not more than 15 transactions
$500.00	Base fee for requests involving 16 or more transactions
c. Certificates of compliance	$50.00	Base fee
d. Home-based businesses	$100.00 $1,500.00	Base fee Maximum fee
e. Hydropower	$200.00	Base fee for micro-hydropower or hydropower development that does not require water quality certification
$500.00	Base fee for all other hydropower development
f. Metallic mineral mining certifications	$200.00 $5,000.00	Base fee Maximum fee
g. Minor amendments (except for permit transfers)	50% of base fee listed for applicable use	Base fee
$250.00	Maximum fee
h. Non-residential development (except as listed separately in Section 1.02(B)(1))	$200.00 $5,000.00	Base fee Maximum fee
i. Permit transfers1	$200.00	Base fee
j. Residential development on lots within Commission approved subdivisions	$50.00 $750.00	Base fee Maximum fee
k. Residential development on lots not within Commission approved subdivisions	$75.00 $1,000.00	Base fee Maximum fee
l. Resource extraction	$200.00 $5,000.00	Base fee Maximum fee
m. Roads	$200.00 $1,000.00 $2,500.00 $5,000.00	Base fee Maximum Fee Level A Projects and Land Management Roads Maximum Fee Level B Projects Maximum Fee Level C Projects
n. Service drop	$25.00	Base fee
o. Shoreland alterations or wetland alterations	$100.00 $200.00	Base fee for expedited review2 Base fee for all others
p. Site Law certifications or statutory LUPC certifications	$200.00 $5,000.00	Base fee Maximum fee
q.Subdivisions	$1,000.00	Base fee
r. Utility facilities and utility lines	$500.00 $5,000.00	Base fee Maximum fee
s. Water crossings	$200.00	Base fee
t. All other land uses not listed above	$100.00	Base fee

2.Activity Specific Fees.

As applicable, the following fees will be added to the applicable base fees identified in Section 1.02(B)(1). Unless indicated otherwise, only one activity fee applies to any specific square foot or acre.

a. Disturbed areas:	+ $0.40	Per square foot of disturbed area within 25 feet of shoreline, and wetland impact areas
+ $1.00	Per 1,000 square feet for all other disturbed areas more than one acre in size
b. Extraction:	+ $100.00 + $200.00	Per acre of extraction area Per well or extraction point
c. Roads	+ $0.15 + $0.10 + $0.15 + $0.30	Per linear foot of: Land management road Level A Road Projects Level B Road Projects Level C Road Projects
d. Shoreland and wetland alterations:	+ $0.20 + $0.40	Per square foot of shoreline alteration allowed by expedited review in all other instances (includes areas within 25 feet of shoreline, and wetland impact areas)
e. Structures:	+ $0.15 + $0.20 + $0.30	Per square foot (footprint3) structures for residential development on lots within Commission approved subdivisions for residential development on lots not within Commission approved subdivisions for nonresidential development on lots within Commission approved subdivisions
+ $0.40	for nonresidential development on lots not within Commission approved subdivisions
f. Subdivision lots:	Regarding subdivision proposals
+ $600.00 + $300.00 + $200.00	Per lot created requiring Commission approval: for basic and rural layouts for clustered layouts for flex design layouts
Regarding Certificates of Compliance
+ $50.00	Per lot or unit approved by permit
g. Towers:	+ $3.00 + $5.00	Per foot of tower height for towers less than 200 feet tall for towers more than 200 feet tall
h. Utility lines & pipelines:	+ $0.10	Per linear foot of utility line, pipe, or other linear development (except roads)
i. Water crossings:	+ $2.00	Per linear foot of span length or culvert width

3.Fees for Uses Allowed by Special Exception

An additional fee of $100.00 applies to all applications or requests for certification seeking approval of a use allowed by special exception.

a. Notwithstanding Section 1.02(B)(3), where the entire parcel is within the P-FP subdistrict, this additional fee for uses allowed by special exception is not required for: single-family dwellings, including their reconstruction, relocation, or replacement; new construction, reconstruction, or replacement of a permanent foundation; or substantial improvements or accessory structures allowed by special exception within the P-FP subdistrict.

4.After-the-Fact Fees

Notwithstanding other provisions of this chapter, the following fees apply. Fees for development already begun prior to receiving permit approval, also known as after-the fact fees, are three times the otherwise applicable fee as established by this chapter, regardless of any maximum fee specified by this chapter.

C.Fees for Applications for zone Change

Applications proposing more than one of the following will be assessed the highest applicable base fee, and each applicable per acre fee listed below.

1. Change to a protection subdistrict a) Includes Resource Plans but not Concept Plans	$250.00
2. Change to a management subdistrict	$500.00
3. Change to a development subdistrict
a) Change to a D-RB or other prequalified development subdistricts made available as result of a community-based planning process4.	$250.00 + $8.00	Base fee per acre of new or changed development subdistrict
b) Change to a D-PD subdistrict	$5,000.00 + $25.00	Base fee per acre of new or changed development subdistrict
c) Change to a D-RF or D-PR subdistrict	$500.00 + $10.00	Base fee per acre of new or changed development subdistrict
d) Change to a development subdistrict (except as provided in Section 1.02(C)(3)(a) through (c))	$1,000.00 + $25.00	Base fee per acre of new or changed development subdistrict
4. Concept Plans	$5,000.00 + $25.00	Base fee per acre of new areas proposed for development, including infrastructure

D.Special Service Fees

Fees will not be assessed to view or download materials available on the Commission's website or other web-based transfer.

The following fees will be assessed to recover expenses incurred by the Commission in providing the services listed:

1.For reproduction of documents, transcripts, or other records: $1.00 for the first page, and $0.25 per page thereafter, except as provided below.

2.For full-sized subdistrict boundary (zoning) maps: $3.00 per map plus applicable postage. Each applicant may request and receive, at no charge, one copy of each applicable subdistrict boundary map for application purposes.

3.For publications or rules: No fee will be assessed for the first copy of any publication or rule. Charges will be made for additional copies as follows:

a. Comprehensive Land Use Plan $10.00 or actual costs, whichever are greater;

b. Rules and standards $5.00 or actual costs, whichever are greater;

c. All other publications $3.00 or actual costs, whichever are greater;

4.For photographs, oversized documents, reduced size subdistrict boundary maps, or other items requiring special handling: Actual cost of reproduction, handling, and applicable postage.

5. If the Commission records documents at a county registry of deeds on behalf of the permittee or owner, the Commission may assess only the actual cost charged by the applicable county registry of deeds for recording and for any applicable copy required for the Commission's records.

E.Exceptions

1. No fee is assessed:

a. for minor changes;

b. for notifications which may be required by law or by the Commission's rules;

c. to a governmental agency seeking to amend subdistrict boundaries; and

d. for subdistrict boundary changes to or from an interim protection subdistrict, or resulting from correction of an error as to the boundary of a subdistrict.

2. The Director, at the Director's discretion, may:

a. reduce or waive the fees of Section 1.02(C) for an agency of state government and application, or certification fees when the applicant is a governmental agency;

b. reduce or waive an application, certification, or special service fee when the applicant or person requesting the reduction or waiver demonstrates to the satisfaction of the Director that an extreme hardship or inequity would result from payment of the fee; or

c. assess the applicant the actual costs incurred for a public hearing as part of the Commission's review of either, application for zone change for the purpose of a subdivision or commercial development, or a request for certification. Actual costs may include but are not limited to: filing notices in newspapers, postage, transcription fees, travel, and room rental costs.

3. In addition to the fees specified by Sections 1.02(B) and (C) above, the Director may determine that a particular application or request for certification, by virtue of its size, uniqueness, complexity or other relevant factors is an extraordinary project and assess a processing fee as provided in 12 M.R.S. §685-F, not to exceed 0.25 percent of the estimated development costs.

¹ These items likely do not include Activity Specific Fees as listed in Section 1.02(B)(2); all other land uses will likely include a related Activity Specific Fee. The Commission's determination of whether an Activity Specific Fee is required will be based on the facts of each application.

² Often identified as an expedited form or process.

³ For the purpose of interpreting the provisions of Section 1.02(B)(2)(e) only, "footprint" of solar panels shall be the square footage of all footings and foundations.

⁴ Prequalified development subdistricts include specific eligible locations within the subdistrict description.

01-672 C.M.R. ch. 1, § 02