LUPC – Rulemaking: New Chapter 10 Land Use Districts and Standards

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Rule Revision

The Maine Land Use Planning Commission has adopted three sets of rule revisions, each affecting Chapter 10 – Land Use Districts and Standards.

  1. Adjacency and Subdivision
    These revisions relate to the Commission’s policy for locating new development – called the adjacency principle. The rule revisions replace the Commission’s current application of the adjacency principle, called the one mile rule-of-thumb, with a new system for locating development near existing compatible development and public roads. Additionally, revisions to the Commission’s subdivision layout and design standards incorporate more flexibility and allow more design options, while main-taining protections for important natural and cultural resources. Changes adopted in this rulemaking include typical redlined edits and a couple sections that have been repealed and replaced.

  2. Roads and Water Crossings
    These revisions will improve consistency of the Commission’s road and water
    crossings standards with the Maine DEP rules, as well as improve consistency with certain provisions of the existing Army Corps, General Permit for the State of Maine. References are included to clarify that the Commission’s crossing standards do not apply to land management roads that are regulated by the Maine Forest Service, nor the replacement of existing culverts that are covered by a statutory exemption. The revisions also reorganize the standards to improve readability.

  3. Update the List of “Lakes and rivers on which the use of personal
    watercraft is prohibited"
    Consistent with 12 M.R.S. §685-C(10)(D), this revision updates the Commission’s
    list of “Lakes and rivers on which the use of personal watercraft is prohibited” to include Upper Wilson Pond in Bowdoin College Grant West Township. Because of the Moosehead Region Conservation Easement, Upper Wilson Pond now meets the statutory criteria for prohibition of personal watercraft.

A redlined document (illustrating each change) for each of these rulemakings are available
on the Commission’s website at: www.maine.gov/dacf/lupc/laws_rules/proposed_rules/
rules.shtml.

These rule revisions will become effective on June 17, 2019. You may view and print this most recent version of Chapter 10 from the Commission’s website by following this link: www.maine.gov/dacf/lupc/laws_rules/ch10.html. If you wish to obtain a paper copy of Chapter 10 as amended, please contact the Commission by email at LUPC@maine.gov or
by telephone at (207) 287-2631.