01-672-10 Me. Code R. § I-08-A

Current through 2024-51, December 18, 2024

Section 672-10-I-08-A - LOCATIONAL FACTORS FOR ADOPTION OR AMENDMENT OF LAND USE DISTRICT BOUNDARIES

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.

2.Secondary Location. The following area within the unorganized and deorganized areas of the State is within a secondary location, except as modified pursuant to Section 10.08-A ,C,4:

a. Land within a rural hub, or in a town, township, or plantation bordering a rural hub, that is also within three miles of a public road and outside the primary location;

3.Measuring Distance. Measurements from a rural hub are made in a straight line from the boundary of the minor civil division. Measurements from a public road are made in a straight line from the edge of the traveled surface. Neither straight line measurement is made across major waterbodies, or interstate highways, except as follows. Measurements are made across major waterbodies, or interstate highways when the resulting primary or secondary location on the other side of such features is either directly connected by a public road that crosses the feature, or contiguous with the respective primary or secondary location.

4.Inclusions and Exclusions to Primary and Secondary Locations. New additions to and removals from primary and secondary locations must result from a regional planning process that addresses the location of development through a balanced and comprehensive process, such as prospective zoning or community guided planning and zoning as described in the Comprehensive Land Use Plan and applicable Commission guidance documents.

a.Additional Land Included in Primary Locations.

(1) Land within one mile of a public road within the following townships is within the primary location: Benedicta Twp., Blanchard Twp., E Twp., East Moxie Twp., Greenfield Twp., Kingman Twp., Madrid Twp., Marion Twp., Moxie Gore Twp., Oxbow North Twp., Prentiss Twp., Silver Ridge Twp., T9 R5 WELS, and T9 SD BPP.

b.Land Excluded from Primary and Secondary Locations.

(1) Areas not eligible. Land within the Prospective Zoning Plan for the Rangeley Lakes Region is not eligible for inclusion in the primary or secondary locations.

(2) Areas removed or excluded. The following minor civil divisions are removed or excluded from primary and secondary locations. Land within 700 feet of Management Class 3 lakes is considered separately and included in primary locations pursuant to Section 10.08-A ,C,1,d, unless excluded pursuant to Section 10.08-A ,C,4,b,(3).

Aroostook County	Piscataquis County
North Yarmouth Academy Grant Twp.	Big Moose Twp.
T1 R5 WELS	Bowdoin College Grant West Twp.
T3 R3 WELS	Elliotsville Twp.
Upper Molunkus Twp.	Lily Bay Twp.
Franklin County	Somerset County
Mount Abram Twp.	Carrying Place Town Twp.
Redington Twp.	Dead River Twp. Johnson Mountain Twp.
Hancock County	Lexington Twp.
T7 SD BPP	Long Pond Twp. Misery Twp.
Oxford County	Misery Gore Twp.
Andover West Surplus Twp.	Pierce Pond Twp. Rockwood Strip T2 R1 NBKP
Penobscot County	Sandwich Academy Grant Twp.
Argyle Twp.	Sapling Twp.
T1 R6 WELS	Taunton & Raynham Academy
T3 R7 WELS	Grant
T4 R7 WELS	T3 R4 BKP WKR

Table 10.08 -A-1. Areas removed or excluded from primary and secondary locations.

(3) Primary locations around MC3 lakes. Land within 700 feet of the following lakes as described below, are excluded from primary locations:

(a) The portions of Brassua Lake (#4120) in Brassua Twp., Rockwood Strip T2 R1 NBKP, and Sandwich Academy Grant Twp.;

(b) Indian Pond (#4090) in Big Moose Twp., Chase Stream Twp., Indian Stream Twp., and Sapling Twp.; and

(c) The portion of Long Pond (#2536) in Long Pond Twp.

D.LOCATION-DEPENDENT ACTIVITIES

Notwithstanding Section 10.08-A ,C, certain location dependent activities may be located in accordance with the following:

1.Resource-dependent Commercial Activity. Subdistricts for resource dependent commercial activities may be located in areas described in the D-RD subdistrict description in Section 10.21,K.

2.Recreation-based Residential Activity. D-RS subdistricts for recreation-based subdivisions shall be located within one-half mile of the following:

a. Management Class 4 or 5 lakes;

b. Management Class 7 lakes that have at least five existing dwelling units, at least one existing dwelling unit per 50 acres of surface area, and at least one existing dwelling unit per one-half mile of shoreline; or

c. Trailheads serving permanent trails that support motorized vehicles, non-motorized vehicles, or equestrian use, and have an appropriately-sized parking area and sufficient additional user capacity to serve users from the proposed residential use.

3.Three-phase Power Dependent Activity. D-CI subdistricts for commercial or industrial facilities that require three-phase power for operation may be established in any location that is consistent with the locational criteria of Section 10.08,B,2.

E.LEGAL RIGHT OF ACCESS

When land proposed for rezoning is required to be accessible from a public road by a legal right of access, a petitioner must demonstrate a legally enforceable right to access the land by road or by water.

1.Road Access. A legal right of access by road exists when the land proposed for rezoning:

a. Abuts a public road or is part of a larger parcel in common ownership that abuts a public road; or

b. Benefits from an easement, appurtenant to the land, that provides for vehicular access.

Under either option, if the road over which legal access is provided does not exist, it must be reasonable that the road could be built. Additionally, the access must be sufficient to support the land uses allowed in the proposed subdistrict, including any associated construction, maintenance and use of structures, and decommissioning. An easement providing for vehicular access may contain reasonable provisions to minimize the burden on the underlying fee owner, such as provisions that: allow for closure of the road during spring mud conditions; allow for closure during the winter to avoid snow plowing, provided pedestrian and snowmobile access is allowed; and establish road standards and reasonable maintenance expectations and responsibilities.

2.Access by Water. An enforceable right of access by water exists when the land proposed for rezoning reasonably may be accessed by boat from a public or private boat launch or ramp, provided the boat launch or ramp is accessible by road access consistent with Section 10.08-A ,E,1 above. Additionally provided, when the subdivision land will be accessed by boat from a private boat launch or ramp, all lot owners will have a legally enforceable right to use and ensure continued maintenance of the boat launch or ramp.

01-672 C.M.R. ch. 10, § I-08-A