01-672-16 Me. Code R. § 04

Current through 2024-51, December 18, 2024

Section 672-16-04 - Applicability

This rule applies only to parcels of real estate where all of the following conditions have been met:

A. On or before July 12, 1989:

(1) A division of land was platted and recorded as permitted by the law in effect prior to the enactment of Public Law 1989, chapter 584*;

(2) The plat of such land division was properly filed with the Registry and with the State Tax Assessor, or if the land is located in a plantation, with the tax assessor of the plantation;

(3) As platted and filed in the Registry, the division is comprised of lots where each lot to be sold or developed occupies at least 40 but not more than 100 acres;

(4) As platted and filed in the Registry, the division does not contain any spaghetti lots as that term is defined by 12 M.R.S. §682(13); and

(5) The person creating the division undertook one or more of the following pre-development or development activities:

(a) Caused to be performed and recorded by a Maine registered land surveyor a valid and reasonably accurate land survey of each lot within the division;

(b) Sought and obtained a road construction permit from the Commission for construction of a road to serve the subdivision. Filing of a notification with the Commission for construction of a land management road is not sufficient to meet this condition;

(c) Sold or placed under contract for sale three or more lots within the division as that division is platted and filed in the Registry;

(d) Caused to be performed and recorded a medium intensity soils survey of the parcel or a soils suitability test for eighty percent or more of the lots in the division by either a licensed Site Evaluator or a Maine registered soil scientist; or

(e) Established a lot owners association for the maintenance of roads within the division, including the adoption of association bylaws; and

B. Either the parcel from which the division was made contains no shoreland area as that term is defined by 38 M.R.S. §435, or the division was platted and filed in the Registry and with the State Tax Assessor on or before April 19, 1988; and

C. The person creating the subdivision files a complete application for a permit under this rule prior to July 1, 1992.

* The law in effect prior to enactment of Public Law 1989, chapter 584 is set forth at Public Law 1987, Chapter 810.

01-672 C.M.R. ch. 16, § 04