Proposed Rulemaking/ Opportunities for Public Comment

Activities in Flood Prone Areas

Fact Sheet (PDF) - Draft Rule (PDF) - Public Comments (PDF)

Concise summary:
This rulemaking involves updates to the Commission's Flood Prone Area Protection Subdistrict and standards for development in flood prone areas to increase consistency with the Federal Emergency Management Agency's rules and guidance and to comply with ongoing requirements for the Commission's participation in the National Flood Insurance Program.

Public hearing: None scheduled
Public noticed: October 30, 2024
Comment deadline: December 5, 2024
Rebuttal comment deadline: December 16, 2024

Agency contact:
Tim Carr
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 592-4129

Status:
Posted to Public Comment

Chapter 2 and Chapter 10: Exterior Lighting and Lighted Sign Standards

Fact Sheet (PDF) - Draft Rule (PDF) - Public Comments (PDF) - Adopted Revisions (PDF) - Basis Statement (PDF)

Currently, the Land Use Planning Commission has standards for exterior lighting associated with development that requires a permit (Chapter 10, Section 10.25,F,2). There are also standards for lighted signs (Chapter 10, Section 10.27,J). The current standards are 20 years old and are outdated. The proposed rulemaking aims to update the standards to reflect the changes in lighting technology since they were adopted, and to help ensure there are no undue adverse impacts to natural or scenic resources from unnecessary or inappropriate lighting. Specifically, the proposed update would: require lights to be less than or equal to 3,000 Kelvin; require fully shielded light fixtures for lights over 1,800 lumens; address ski areas and outdoor recreation venues; amend the list of exempted activities; require fully shielded and downward directing lighting for externally illuminated signs; and require a black or dark background for internally illuminated signs. The changes also include clerical edits and minor editing for clarity and conciseness in the included sections.

Public hearing: None scheduled
Public noticed: May 29, 2024
Comment deadline: July 15, 2024
Rebuttal comment deadline: July 29, 2024

Agency contact:
Stacy Benjamin
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 441-3761

Status:

Effective January 2, 2025

Chapter 10: Accessory Structures

Proposed Revisions (PDF) - Public Comments (PDF) - Adopted Revisions (PDF) - Basis Statement (PDF)

Chapter 10 rules establish land use standards for lands within the Maine Land Use Planning Commission’s service area. The goal of this rulemaking is to adopt a notice requirement to improve landowner compliance with land use standards and resource protections and maintain the ability of landowners to construct certain accessory structures without the need to obtain a permit from the Commission.

Public hearing: None scheduled
Public noticed: February 28, 2024
Comment deadline: April 1, 2024
Rebuttal comment deadline: April 15, 2024

Agency contact:
Tim Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective January 2, 2025

Chapter 2 and Chapter 10: Short-term Rentals

Proposed Revisions (PDF) - Public Comments Received – Corrected Version. (PDF)

Concise summary:

Chapter 2 contains definitions for terms used in the Commission’s rules and policies. The Chapter 10 rules establish land use standards for lands within the Maine Land Use Planning Commission’s service area. The goal of this rulemaking is to define short-term rentals and to adopt a notice requirement and minimum standards regarding the use of dwelling units as short-term rental units. Additional information can be found on the project website.

Public hearing: None scheduled
Public noticed: February 28, 2024
Comment deadline: April 17, 2024
Rebuttal comment deadline: May 1, 2024

Agency contact:
Stacy Benjamin
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 441-3761

Status:

Terminated

Chapter 2 and Chapter 10: Miscellaneous Revisions

Proposed Revisions (PDF) - Chapter 2 Final Rule – Effective August 11, 2023 (PDF) - Chapter 10 Final Rule – Effective August 11, 2023 (PDF) - Adopted Basis Statement (PDF)

Concise summary:

The Maine Land Use Planning Commission is proposing revisions to Chapter 2 and Chapter 10. The proposed revisions include updates to terms and township names to maintain consistency with Maine laws, updates to match revised statutory language, the removal of an automatic hearing requirement for zoning petitions involving a D-PD subdistrict, the addition of parking space requirements for non-residential development, clerical edits and clarifications, and the removal of Appendix E. All proposed revisions are routine in nature.

Public hearing: None scheduled
Public noticed: March 29, 2023
Comment deadline: May 1, 2023
Rebuttal comment deadline: May 8, 2023

Agency contact:
Tim Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective August 11, 2023

Chapter 4: Miscellaneous Revisions

Proposed Revisions (PDF) - Comments (PDF) - Chapter 4 Final Rule – Effective August 11, 2023 (PDF) - Adopted Revisions (PDF) - Adopted Basis Statement (PDF)

Concise summary:

The Maine Land Use Planning Commission is proposing to revise Chapter 4 to identify two specific types of applications as being ‘routine’ and therefore authorize staff to act on those applications. The two types of applications include, i) applications to amend wetland subdistrict boundaries when supported by on-site wetland delineations, and ii) applications for the adoption of official Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Hazard Boundary Maps produced by the Federal Emergency Management Agency. All other revisions represent typical rule maintenance.

Public hearing: None scheduled
Public noticed: March 29, 2023
Comment deadline: May 1, 2023
Rebuttal comment deadline: May 8, 2023

Agency contact:
Tim Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective August 11, 2023

Chapter 2 and Chapter 10: Solar Rulemaking – Phase I, Definitions and Use Listings

Basis Statement (PDF) - Chapter 2 Final Rule – Effective December 30, 2022 (PDF) - Chapter 10 Final Rule – Effective December 30, 2022 (HTML)

Concise summary:

The Land Use Planning Commission is proposing these amendments to improve efficiency and clarity in siting, evaluating, and permitting solar energy generation facilities, in response to increased solar development across the Commission’s service area. The primary objectives of this rulemaking are to define size classes for solar energy generation facilities, and to specify which Land Use Subdistricts will allow solar energy generation facilities. Revisions also clarify existing definitions and standards related to solar energy facilities that qualify as accessory structures.

Public hearing: None scheduled
Public noticed: September 28, 2022
Comment deadline: October 31, 2022
Rebuttal comment deadline: November 7, 2022

Agency contact:
Tim Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective December 30, 2022

Chapter 10: Proposed Rule Revisions Regarding Locational Factors for Adoption or Amendment of Land Use District Boundaries Related to Regional Planning Projects in General and the Moosehead Regional Planning Project in Particular

Resources for the Moosehead Regional Planning Process (HTML) - Basis Statement (PDF) - Chapter 10 Final Rule – Effective December 30, 2022 (HTML)

Concise summary:

The Maine Land Use Planning Commission is proposing amendments to Chapter 10, Land Use Districts and Standards, to implement actions stemming from the 2020-2022 Moosehead Regional Planning Process. The proposed amendments allow for the modification of Location of Development criteria resulting from regional planning processes addressing the location of development through a balanced and comprehensive process. Specifically, the proposed changes would refine the Commission’s application of the Location of Development criteria in the Moosehead region by providing for the removal of ten minor civil divisions from primary and secondary locations, and for the removal of primary locations around certain Management Class 3 lakes in the region. The proposed amendments also reorganize and clarify the section to better distinguish the primary and secondary locations designated based on application of the adjacency principle versus changes made as the result of a balanced and comprehensive regional planning process.

Public hearing: None scheduled
Public noticed: September 28, 2022
Comment deadline: October 31, 2022
Rebuttal comment deadline: November 7, 2022

Agency contact:
Stacy Benjamin
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 441-3761

Status:

Effective December 30, 2022

Revised Remote Participation Policy

Proposed Policy (PDF) - Final Policy – Effective September 8 (PDF)

Concise summary:

Pursuant to Public Law 2021 Chapter 290, the Land Use Planning Commission adopted a new policy regarding remote participation on September 8, 2021. Generally, in addition to other outcomes, the proposed policy affirms the value of in-person meetings, while also facilitating expanded public access to and ability to observe or participate in, Commission meetings and hearings either in-person or remotely. The proposed revisions to the policy modify the advance notice provisions for individual Commissioners intending to participate remotely in a properly noticed hybrid meeting and remove one outdated footnote.

Public hearing: January 12, 2022 at 9:00 AM

Hearing location: Virtual, information on attending and participating in the hearing is posted at: Calendar and Meeting Materials

Comment (written) deadline: N/A

Agency contact:
Stacie R. Beyer
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 557-2535

Status:

Effective September 8, 2022

Remote Participation Policy

Proposed Policy (PDF) - Final Policy – Effective September 8, 2021 (PDF)

Concise summary:

Pursuant to Public Law 2021 Chapter 290, the Land Use Planning Commission is proposing a new policy regarding remote participation as part of the Commission’s public meetings and hearings. Generally, in addition to other outcomes, the proposed policy affirms the value of in-person meetings, while also facilitating expanded public access to and ability to observe or participate in, Commission meetings and hearings either in-person or remotely.

Oral comments may be offered at the hearing. Written comments on the proposed policy can be sent to Timothy.Beaucage@maine.gov or by postal mail to: Maine Land Use Planning Commission, 22 State House Station, Augusta, ME 04333-0022. The deadline for written comments is set for Tuesday, August 31, 2021.

Public hearing: September 7, 2021 at 6:00 PM

Hearing location: Hearing location: Sugarloaf Mountain Hotel – Carrabassett Room (2nd floor) at Sugarloaf Resort, 5092 Access Road, Carrabassett Valley, Maine.

Comment (written) deadline: August 31, 2021

Agency contact:
Tim Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective September 8, 2021

Multi-Chapter Rulemaking – Part II: Chapters 3, 4, and 5

Basis Statement (PDF) - Chapter 4 Final Rule – Effective November 1, 2021 (PDF) - Chapter 5 Final Rule – Effective November 1, 2021 (PDF)

Concise summary:

The Maine Land Use Planning Commission is proposing to repeal Chapter 3 and to repeal and replace Chapters 4 and 5. The changes proposed for each of these three rules collectively will improve user convenience by consolidating or reorganizing provisions without changing their regulatory effect, and revise visual characteristics to simplify or otherwise clarify each rule. Some edits propose to simplify the rule by consolidating notice provisions, clarify existing practice, and include provisions previously located in Chapter 10 of the Commission’s rules. All other revisions represent typical rule maintenance.

Public noticed: May 26, 2021
Comment deadline: July 12, 2021
Rebuttal comment deadline: July 26, 2021

Agency contact:
Tim Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective November 1, 2021

Revised Citizens’ Petition to Prohibit Certain Marijuana Uses From the D-GN2 Subdistrict

Public Comments (PDF) - Adopted Revisions (PDF) - Adopted Basis Statement (PDF) - Final Rule – Effective March 29, 2022 (PDF)

Concise summary:

The Maine Land Use Planning Commission (the LUPC or Commission) received a rulemaking petition signed by 191 registered voters of the state. The petition proposes to prohibit certain medical marijuana and certain adult use marijuana facilities in the Community Center Development (D-GN2) Subdistrict within the Prospective Zoning Plan for the Rangeley Lakes Region. The Maine Land Use Planning Commission staff have posted the original petition language and alternative draft rule text that would be clearer and, if approved, would have the same outcome.

On June 16, 2021 the Commission conducted a public hearing on the proposed rule revisions; on August 2, 2021 the comment period closed. At their October 13, 2021, meeting the Commission agreed to re-open the public comment period for 30 days.

At a meeting held on October 13, 2021, staff offered the Commission a draft basis statement and draft rule revisions, both responding to comments and materials submitted during the hearing and comment process. At that meeting, the Commission directed staff to reopen the hearing record to post the staff recommended revisions (dated October 6, 2021) to a 30-day comment period, and that notice of the opportunity need only be provided through digital means. On October 19, 2021, notice of the comment opportunity was provided to the petition representative, and the 1,913 individuals subscribing to one or more of the Commission’s GovDelivery lists regarding: rulemaking, public hearings, Franklin County, marijuana, and the prospective zoning plan for the Rangeley Lakes Region.

The record remained open until November 22, 2021 to allow interested persons to file written statements with the Commission.

Consistent with the hearing record and the applicable Prospective Zoning Plan for the Rangeley Lakes Region, the LUPC has adopted the proposed rulemaking that will prohibit all development and activities involving medical marijuana or adult use marijuana cultivation, extraction, processing, manufacturing, testing, or retail sale, except those protected by Title 22, Chapter 558-C, or Title 28-B. Additionally, the draft basis statement describes the assessment and rationale that led the Commission to this decision..

Public noticed: October 21, 2021
Extended comment deadline: November 22, 2021

Agency contact:
Tim Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective March 29, 2022

Multi-Chapter Rulemaking – Part I: Chapters 2, 10, and 16

Basis Statement (PDF) - Chapter 2 Final Rule – Effective November 1, 2021 (PDF) - Chapter 10 Final Rule – Effective November 1, 2021 (PDF) - Chapter 16 Final Rule – Effective November 1, 2021 (PDF)

Concise summary:

The revisions proposed for each of these three rules collectively will improve user convenience by consolidating or reorganizing provisions without changing their regulatory effect, and revise visual characteristics to simplify or otherwise clarify each rule. All other revisions represent typical rule maintenance.

Public noticed: : March 24, 2021
Comment deadline: May 10, 2021
Rebuttal comment deadline: May 24, 2021

Agency contact:
Tim Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective November 1, 2021

Chapter 1: General Provisions

Fact Sheet (PDF) - Provisionally Adopted Draft Rule (repeal and replace) (PDF) - Provisionally Adopted Draft Rule (with redlined edits) (PDF) - All Public Comments (PDF) - Basis Statement (PDF) - Chapter 1 Final Rule – Effective November 1, 2021 (PDF)

Concise summary:

The Land Use Planning Commission is proposing to repeal and replace Chapter 1, General Provisions. Revisions generally include: renaming the rule (from General Provisions to Fee Schedule) for clarity; revision of fees in response to relevant workload, draw upon public resources, or impacts, other agency rulemaking to incentivize certain activities, and the prevalence of digital materials. All remaining revisions regard general housekeeping matters such as: reorganization of the rule for consistency, brevity, and clarity; unifying references; and formatting.

Public hearing: September 16, 2020 at 10:30 AM.

Hearing location: Due to the current situation of the 2019 coronavirus (COVID-19), Public Law 2020 Chapter 617, and the need to avoid public gatherings, maintain public distance, and for everyone’s safety this hearing was conducted through virtual means (i.e., via audio & video conferencing, including a phone-in option).

Public noticed: August 26, 2020
Comment deadline: October 7, 2020
Rebuttal comment deadline: October 26, 2020

Agency contact:
Tim Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective November 1, 2021

Chapter 10: Proposed Miscellaneous Rule Revisions New Marijuana Standards

Fact Sheet (PDF) - Draft Rule (PDF) - Basis Statement (PDF) - Adopted Rule (PDF)

Concise summary:

The Land Use Planning Commission adopted new standards for marijuana businesses and routine maintenance of Chapter 10 Land Use Districts and Standards. Specifically, in response to Title 28-B, Section 404, the Commission is establishing minimum requirements for marijuana businesses regarding odors, lighting, and signs. All remaining revisions cover general housekeeping matters, unify references, clarify existing provisions, and update a list of applicable FEMA maps

Public hearing: none
Public noticed: May 27, 2020
Comment deadline: June 16, 2020
Rebuttal comment deadline: June 26, 2020

Agency contact:
Tim Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective: October 1, 2020

Chapter 10: List of “Lakes and rivers on which the use of personal watercraft is prohibited"

Fact Sheet (PDF) - Draft Rule (PDF) - February 2019 Memo (PDF) - Basis Statement (PDF) - Adopted Rule (PDF) - Final Rule – Effective June 17, 2019 (PDF)

Concise summary:

Consistent with 12 M.R.S. § 685-C(10)(D), the Commission proposes to update its 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.

Public hearing: none
Public noticed: March 6, 2019
Comment deadline: April 5, 2019

Agency contact:
Naomi E. Kirk-Lawlor
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-4936

Status:

Effective: June 17, 2019

Chapter 10: Roads and Water Crossings

Fact Sheet (PDF) - Draft Rule (PDF) - Public Comments (PDF) – Basis Statement (PDF) – Adopted Rule (PDF) - Final Rule – Effective June 17, 2019 (PDF)

Concise summary:

The Land Use Planning Commission is seeking public comment on proposed amendments to its Chapter 10, Land Use District and Standards. The primary objectives of this rulemaking are to update the standards regarding roads and water crossings to be more consistent with the Maine Department of Environmental Protection's standards in 06-096 CMR 305, Permit By Rule; to enhance public safety; and to provide for aquatic habitat connectivity in flowing waters. The proposed amendments also reorganize Section 10.27,D, Roads and Water Crossings, to improve readability.

Public hearing: none
Public noticed: Web, February 27, 2019; Weekly Consolidated Notice, March 6, 2019
Comment deadline: 1:00 PM, April 5, 2019
Rebuttal comment deadline: April 12, 2019

Agency contact:
Stacie R. Beyer
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 557-2535

Status:

Effective: June 17, 2019

Chapter 10: Proposed Rule Revisions Related to Review of the Adjacency Principle

Agency Review Webpage - Public comment draft of proposed adjacency and subdivision rule language - Adjacency and Subdivision Review Public Comments: Part One; Part Two; & Part Three - Rebuttal Comments (PDF) - Basis Statement (PDF) - Adopted Rule (PDF) - Final Rule – Effective June 17, 2019 (PDF)

Concise summary:

Today, single family homes can locate in most places in the Commission’s service area, but most subdivisions and commercial development need a rezoning. To get a rezoning, these subdivisions and commercial developments generally must be located within one mile by road of existing compatible development. The proposed changes would replace the one mile rule-of-thumb with a new system for locating most new development near existing communities and public roads to make the delivery of public services more cost-effective and reduce fragmentation of undeveloped areas. In addition, the proposal would allow commercial and residential development that is dependent on, or centered around, natural or recreational resources to locate near these resources in certain circumstances. Also included in the proposed amendment are revisions to the Commission’s subdivision layout and design standards. The proposed changes are intended to improve the subdivision layout and design standards for the area served by the Commission, incorporating more flexibility and allowing more design options, while improving protections for important natural and cultural resources.

Public hearing: January 8, 2019, at Jeff’s Catering 15 Littlefield Way, Brewer, Maine, 12 pm; Snow cancellation date: January 10, 2019, same location
Public noticed: December 19, 2018
Comment deadline: January 22, 2019
Rebuttal comment deadline: January 29, 2019

Agency contact:
Ben Godsoe
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-4930

Status:

Effective:  June 17, 2019

Chapters 13 and 10: Proposed Rulemaking to Repeal and Replace the Commission’s Chapter 13 Rules, Metallic Mineral Exploration, Advanced Exploration and Mining, and Amend Related Sections of the Commission’s Chapter 10 Rules

Fact Sheet (PDF) - Draft Rule (PDF) - Public Hearing Audio File (MP3) - Written Testimony (PDF) - Public Comments (PDF) - Rebuttal Comments (PDF) - Basis Statement (PDF) - Adopted Rule (PDF) - Final Rule – Effective September 20, 2018

Concise summary:

The Land Use Planning Commission is seeking public comment on proposed rule changes to comply with PL 2017 Ch. 142, 128th Legislature. Specifically, Sect. 12 of Ch. 142 requires the Commission, by July 1, 2018, to “adopt rules related to commission certification of metallic mineral mining permit applications in accordance with the Maine Revised Statutes, Title 38, section 490-NN, subsection 2.” Also, the section requires that, “Rules adopted pursuant to this section must include any additional provisions necessary to ensure consistency with the Maine Metallic Mineral Mining Act and rules related to the Maine Metallic Mineral Mining Act adopted by the Department of Environmental Protection.” Proposed changes include a repeal and replacement of the Commission’s Chapter 13 rule, renaming Chapter 13 to Metallic Mineral Exploration and Mining Certifications, updating provisions for metallic mineral exploration, adding provisions for mining certifications, and amending the Commission’s Chapter 10 rule to ensure consistency with Chapter 13 and clarify the relationship between the two chapters.

Public hearing: April 11, 2018
Public noticed: State consolidated weekly rulemaking notice - January 24, 2018, February 21, 2018, and March 21, 2018
Comment deadline: April 23, 2018
Rebuttal comment deadline: April 30, 2018

Agency contact:
Stacie R Beyer
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 557-2535

Status:

Effective September 20, 2018

Chapter 10: 2018 Second Miscellaneous Rulemaking

Fact Sheet (PDF) - Draft Rule (PDF) - Public Comments (PDF) - Final Basis Statement (PDF) - Adopted Rule (PDF) - Final Rule – Effective September 20, 2018

Concise summary:

The Land Use Planning Commission is proposing routine maintenance of Chapter 10 Land Use Districts and Standards. For organizational purposes, the proposal has been divided into three parts:

Part 1 includes responses to two laws in 2017 that affect the Commission, as well as other revisions that cover general housekeeping matters, update references, and clarify existing provisions.

Part 2 of this rulemaking updates the Commission’s standards relating to protected natural resources to ensure consistency, as required in statute, with the goals of the Natural Resources Protection Act (NRPA). The NRPA-related updates clarify the existing practice for rezoning areas that include wetlands, ensure consistent application of existing standards to wetland alterations in all zoning subdistricts, establish that filling and grading an acre or more in the General Management Subdistrict (M-GN) requires a permit, and contain other miscellaneous revisions to improve clarity and consistency with other related statutes and rules.

Part 3 includes revisions that correct errors and update references in Appendix C – Alphabetical List of Lakes Showing Wildlands Lake Assessment Findings. Revisions include updating minor civil division and waterbody names, as well as correcting certain management classifications and resource values for some waterbodies.

Public hearing: None
Public noticed: April 25, 2018
Comment deadline: May 29, 2018
Rebuttal comment deadline: June 5, 2018

Agency contact:
Stacie R Beyer
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 557-2535

Status:

Effective September 20, 2018

Chapter 10: Proposed Revisions to Appendix C: Alphabetical List of Lakes Showing Wildlands Lake Assessment Findings

Fact Sheet (PDF) - Draft Rule (PDF)

Concise summary:

The Land Use Planning Commission is seeking public comment on proposed changes to Chapter 10 Land Use Districts and Standards, Appendix C: Alphabetical List of Lakes Showing Wildlands Lake Assessment Findings. The proposed rule revisions would correct errors and update references in Appendix C. Revisions include updating minor civil division and waterbody names, as well as correcting certain management classifications and resource values for some waterbodies.

Public hearing: None
Public noticed: February 21, 2018
Comment deadline: March 26, 2018
Rebuttal comment deadline: April 2, 2018

Agency contact:
Jenn Curtis
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-4930

Status:

Incorporated into separate rulemaking (see 2018 Second Miscellaneous Rulemaking)

Chapter 10: Commercial Industrial Development Subdistrict allowed uses – grid scale solar energy generation facilities

Fact Sheet (PDF) - Draft Rule (PDF) - Public Comments and Rebuttal (PDF) - Adopted Rule (Version voted on at the 1/10/2018 Commission Meeting) (PDF) - Final Rule – Effective March 5, 2018

Concise summary:

The Land Use Planning Commission is seeking public Comment on a petition to amend Chapter 10 Land Use Districts and Standards, to allow development of grid-scale solar energy generation facilities with a permit in the Commercial Industrial Development Subdistrict (D-CI). The proposal includes a set of criteria that help identify eligible locations for redistricting to D-CI for the purpose of developing a grid-scale solar energy generation facility. A D-CI subdistrict designated for the purpose of developing a grid-scale solar energy generation facility would automatically revert to the prior subdistrict designation if the facility is not developed within a reasonable period of time, or if built, upon decommissioning of the facility.

Public hearing: None
Public noticed: November 15, 2017
Comment deadline: December 15, 2017
Rebuttal comment deadline: December 27, 2017 (Extended due to state administrative leave)

Agency contact:
Ben Godsoe
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-2619

Status:

Effective: March 5, 2018

Chapter 10: Adoption of the Rural Business Development Subdistrict in Washington County

Fact Sheet (PDF) - Draft Rule (PDF) - Public Comments and Rebuttal (PDF) - Final Basis Statement (PDF) - Adopted Rule (PDF) - Final Rule – Effective March 5, 2018

Concise summary:

The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Chapter 10, Land Use Districts and Standards, regarding extending the opportunity for Rural Business Development subdistricts into Washington County in partnership with the Washington County Commissioners through the Commission’s Community Guided Planning and Zoning program. This regional planning effort implements the directive in Public Law 2011, Chapter 682, Section 34, for the Commission to initiate prospective zoning in the unorganized and deorganized parts of the state. The purpose of the Rural Business Development Subdistrict (D-RB) is to encourage an appropriate range of business development in rural areas, and locate development in or at the edge of existing development and in concentrated areas along appropriate portions of major transportation corridors. The locations for the D-RB are selected to maintain the rural character of the region and avoid significant visual, natural resource, and fiscal impacts of unplanned growth. The D-RB subdistrict would include areas to accommodate a range of small commercial, light manufacturing, and institutional facilities and businesses that are generally compatible with, and complementary to, natural resource-based land uses; but may create some adverse impacts to residential uses, recreation uses, or resource protection.

Public hearing: None
Public noticed: September 27, 2017
Comment deadline: October 30, 2017
Rebuttal comment deadline: November 13, 2017

Agency contact:
Stacie R Beyer
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 557-2535

Status:

Effective: March 5, 2018

Chapter 10: Aquifer Protection Subdistrict Allowed Uses – Portable Rock Crushing

Fact Sheet (PDF) - Draft Rule (PDF) - Public Comments and Rebuttal (PDF) - Final Rule - Effective May 30, 2017

Concise summary:

The Land Use Planning Commission is seeking public comment on a citizen petition to amend Chapter 10 Land Use Districts and Standards, in order to allow portable rock crushing equipment by special exception in the in the Aquifer Protection (P-AR) Subdistrict. The proposal includes a set of criteria intended to protect the water resource that would have to be met for portable rock crushing to be allowed in the aquifer protection subdistrict. These criteria include provisions to reduce the risk of groundwater contamination from fuel or other hazardous liquids and to reduce the risk of surface water contamination from fine sediments.

The rule amendment is also intended to correct outdated and obsolete references, remove ambiguities and redundancies, and generally make the rule more understandable for the lay reader.

Public hearing: None
Public noticed: March 22, 2017
Comment deadline: April 21, 2017
Rebuttal comment deadline: April 28, 2017

Agency contact:
Naomi Kirk-Lawlor
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-4936

Status:

Effective May 30, 2017

Chapter 11 (DEP Chapter 450): Administrative Regulations for Hydropower Projects

Fact Sheet (PDF) - Draft Rule (PDF) - Current Rule (PDF) - Redline (PDF) - Final Rule – Effective November 2, 2017

Concise summary:

The purpose of the rule amendment is to revise Chapter 450 and Chapter 11 so they:

1. are consistent with the authorizing statutes and the Department’s Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 CMR 2 (“Chapter 2”);
2. are re-organized to reference the jurisdiction of the Department, including removing any reference to the Board of Environmental Protection;
3. are updated to replace references to the Land Use Regulation Commission with the Land Use Planning Commission of the Maine Department of Agriculture, Conservation, and Forestry,
4. are updated to include language associated with tidal or wave action; and
5. clarify the jurisdiction between the Department and Commission.

The rule amendment is also intended to correct outdated and obsolete references, remove ambiguities and redundancies, and generally make the rule more understandable for the lay reader.

Public hearing: None
Public noticed: August 31, 2016
Comment deadline: September 30, 2016
Rebuttal comment deadline: None

Agency contact:
Naomi Kirk-Lawlor
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-4936

Status:

Effective November 2, 2017

Chapter 10: Proposed Guidance Document: Assessing and Minimizing Visual Impacts to Scenic Resources from Communication Towers

DRAFT Communication Towers Guidance (PDF) - Public Comments* (PDF)

(*Revised 10/18/2016 to include comment submitted in a timely fashion but missing from original version of the summary.)

Concise summary:

In recent years, a number of applications have been filed with the Commission for construction of new communication towers. Proposals to develop communication towers can vary widely, especially given the rate of technological change within the telecommunications field. The purpose of this document is to help establish a consistent, predictable review process for proposed communication towers in the areas served by the Land Use Planning Commission, by communicating the Commission’s general approach to assessing and minimizing potential visual impacts from new towers.

Public hearing: None
Public noticed: July 27, 2016
Comment deadline: August 26, 2016
Rebuttal comment deadline: None

Agency contact:
Ben Godsoe
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-2619

Status:

Comment Opportunity Closed

Chapter 10: Proposed Miscellaneous Rule Revisions

Fact Sheet (PDF) - Draft Rule (PDF) - Final Rule – Effective November 18, 2016

Concise summary:

The Land Use Planning Commission is seeking public comment on proposed miscellaneous rule revisions to Chapter 10, Land use Districts and Standards in order to ensure that the rules are as up-to-date, accurate, and as clear as possible. The proposed revisions cover general errata and housekeeping matters, such as correcting citation, and typographical errors, updating references, and clarifying certain provisions.

Public hearing: None
Public noticed: July 27, 2016
Comment deadline: August 26, 2016
Rebuttal comment deadline: September 2, 2016

Agency contact:
Ben Godsoe
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-2619

Status:

Effective November 18, 2016

Chapter 10: Petitions for the Removal of Certain Places from the Expedited Permitting Area for Wind Energy Development

Filing I Redline (PDF 1MB) - Filing II Redline (PDF 585KB) - Filing III Redline (PDF 554KB) - Filing IV Redline (PDF 549KB) - Filing V Redline (PDF 660KB) - Filing VI Redline (PDF 674KB)

Concise summary:

In 2015, the legislature enacted “An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission,” Public Law 2015, Ch. 265 that became effective January 1, 2016. The statutory change creates a six month time window within which registered voters in a given town, township, or plantation within the Commission’s jurisdiction may petition to have a place removed from the expedited area. Title 35-A, section 3453-A describes the mechanism by which the petition process is to take place, and provides the opportunity for any person to object to the removal of the specified place by requesting “substantive review” of the petition. Pursuant to the provisions of this section, when a valid petition is filed, the specified place automatically will be removed unless a person requests substantive review. While this petition process constitutes rulemaking, the procedures and requirements differ from standard rulemaking.

Agency contact:
Timothy Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective March 13, 2017

Chapter 10: Proposed Rule Revisions to Required Road Setbacks and Accessory Structure Locations

Fact Sheet (PDF)- Draft Rule (PDF) - Public Comments (PDF) - Final Rule – Effective August 9, 2016

Concise summary:

The Land Use Planning Commission is seeking public comment on proposed revisions to Chapter 10 Land Use Districts and Standards regarding road setbacks and accessory structure locations. The Commission proposes to update its rules to reduce the distance structures must be set back from the road to 30 feet in Residential Development (D-RS) and General Development (D-GN) subdistricts with corresponding reductions in vegetative buffers. The Commission also proposes to reduce the road setback requirement for residential structures on State and Federal Routes from 75 feet to either 50 or 30 feet, dependent on subdistrict. The Commission proposes to allow flexible road setbacks of no less than 20 feet from interior roads for non-residential development on a case by case basis according to performance criteria. The Commission also proposes to allow, under certain conditions, residential accessory structures to be placed on new or existing, nonconforming lots across the road from the residence. In addition, the Commission proposes edits to the accessory structure by standard use listing to clarify that accessory structures must be located in subdistricts which allow their associated principal use. Proposed changes to the subdistrict use listings will clarify that accessory structures may be allowed in LUPC jurisdiction by permit or special exception.

Public hearing: None
Public noticed: May 11, 2016
Comment deadline: June 10, 2016
Rebuttal comment deadline: June 20, 2016

Agency contact:
Naomi Kirk-Lawlor
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-4936

Status:

Effective August 9, 2016

Chapter 10: Proposed Rule Revisions of the Aroostook County Community Guided Planning and Zoning Process: Rural Business Development Subdistrict

Rule Revision (PDF) - Aroostook County Commuity Guided Planning and Zoning website - Final Rule - Effective May 9, 2016

Concise summary:

The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Chapter 10 Land Use Districts and Standards regarding a proposed new subdistrict developed for certain areas in Aroostook County in partnership with Northern Maine Development Commission (NMDC) through the Commission’s Community Guided Planning and Zoning program. This regional planning effort implements the directive in Public Law 2011, Chapter 682, Section 34, for the Commission to initiate prospective zoning in the unorganized and deorganized parts of the state. The purpose of the new Rural Business Development Subdistrict (D-RB) is to encourage an appropriate range of business development in rural areas, and locate development in or at the edge of existing development and in concentrated areas along appropriate portions of major transportation corridors. The locations for the D-RB are selected to maintain the rural character of the region and avoid significant visual, natural resource, and fiscal impacts of unplanned growth. The D-RB subdistrict would include areas to accommodate a range of small commercial, light manufacturing, and institutional facilities and businesses that are generally compatible with, and complementary to, natural resource-based land uses but may create some adverse impacts to residential uses, recreation uses, or resource protection.

Public hearing: None
Public noticed: December 23, 2015
Comment deadline: January 22, 2016
Rebuttal comment deadline: February 12, 2016

Agency contact:
Ben Godsoe
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-2619

Status:

Effective May, 9, 2016

Chapter 10: Subdivision Technical Issues

Fact Sheet (PDF) - Rule Revisions (PDF) - Public Comments (PDF) - Final Rule – Effective December 7, 2015

Concise summary:

The primary objective of this rulemaking is to revise the Commission’s rules regarding certain technical standards that apply to subdivision development in response to specific issues identified by stakeholders in a recent facilitated rule review process. The Subdivision Technical Issues rulemaking focuses on the requirements for soil suitability, maximum road grade, steep slopes and phosphorus control. In addition, changes are proposed to Chapter 10 to conform with legislative changes removing the requirement that proposed land use districts satisfy a demonstrated need in the community or area.

Public hearing: None
Public noticed: September 2, 2015
Comment deadline: October 2, 2015
Rebuttal comment deadline: October 9, 2015

Agency contact:
Stacie R. Beyer
106 Hogan Rd, Suite 8
Bangor, Maine 04401
(207) 941-4593

Status:

Effective December 7, 2015

Designation of Grand Lake Stream Plantation Boathouses and Waterfront as a Designated Area of Cultural or Special Significance (DACSS)

Fact Sheet (PDF) - Rule Revisions (PDF) - Public Comments (PDF) - Final Rule – Effective August 24, 2015

Concise summary:

The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Chapter 10 Land Use Districts and Standards that would allow the Commission to designate the Grand Lake Stream Plantation Boathouses and Waterfront as a Designated Area of Cultural or Special Significance (DACSS). Within a DACSS, applicants may apply for a permit to reconstruct in place or expand legally existing, nonconforming structures, provided that proposed reconstruction projects conform to the purpose of designation. The Commission considered evidence in support of the proposed designation at their May 13, 2015 meeting when they voted to post the proposed rule for public comment.

Public hearing: None
Public noticed: June 24, 2015
Comment deadline: July 24, 2015
Rebuttal comment deadline: July 31, 2015

Agency contact:
Ben Godsoe
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-2619

Status:

Effective August 24, 2015

Revised Standards for Nonconforming Lots

Fact Sheet (PDF) - Rule Revisions (PDF) - Public Comments (PDF) - Final Rule – Effective July 24, 2015

Concise summary:

The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Chapter 10 Land Use Districts and Standards regarding the treatment of non-conforming lots. Specifically, the proposed rule eliminates the term waiver in Section 10.11, E,3 and 4. In addition, the proposed rule amends Section 10.11,E,3 to allow permanent structures for the storage of personal property on certain lots.

Public hearing: None
Public noticed: April 15, 2015
Comment deadline: May 15, 2015
Rebuttal comment deadline: May 22, 2015

Agency contact:
Eric Larsson
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-4936

Status:

Effective July 24, 2015

Dimensional Standards for Public Recreation Facilities

Fact Sheet (PDF) - Rule Revisions (PDF) - Public Comments (PDF) - Final Rule – Effective July 24, 2015

Concise summary:

The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Chapter 10 Land Use Districts and Standards that would provide an exception to dimensional lot standards for certain public recreational facilities. The exceptions would apply to boat launches, campsites, and trailheads that are owned, leased, or operated by a public entity. Eligible public facilities would be those that are within or surrounded by land protected by a conservation easement or other legally binding provisions that prohibit incompatible land uses in locations that would be affected by the reductions. The exceptions would be a minimum lot size of 20,000 square feet, minimum shoreline frontage of 100 feet, and minimum road frontage of 100 feet. The exceptions would be allowed only if the facility is otherwise sufficiently sized to fulfill the use for which it is designed.

Public hearing: None
Public noticed: March 25, 2015
Comment deadline: April 24, 2015
Rebuttal comment deadline: May 1, 2015

Agency contact:
Hugh Coxe
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-2662

Status:

Effective July 24, 2015

Recreational Lodging Facilities and Revegetation Standards

Fact Sheet (PDF) - Rule Revisions (PDF) - Public Comments (PDF) - Final Rule – Effective May 29, 2015

Concise summary:

The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Chapter 10 Land Use Districts and Standards regarding: i) recreational lodging, ii) revegetation standards, and iii) administrative corrections and clarifications. Specifically, the Commission proposes to expand clearing limits for recreational lodging facilities; add procedures for exceeding those limits; establish dimensional requirements for campsites and residential campsites; and correct and simplify the definition of Residential Campsite. The proposal clarifies, in cases where recreational lodging facilities are converted to another use, which dimensional requirements apply in general and those that must be met in the aggregate. This draft rule proposes to replace existing general revegetation provisions with standards that are consistent with those administered by the Maine Department of Environmental Protection. And the proposal addresses several administrative corrections and clarifications, such as unifying terms used and the format of citations.

Public hearing: None
Public noticed: March 18, 2015
Comment deadline: April 17, 2015
Rebuttal comment deadline: April 24, 2015

Agency contact:
Tim Beaucage
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 931-6974

Status:

Effective May 29, 2015

Designated Areas of Cultural or Special Significance

Fact Sheet (PDF) - Rule Revisions (PDF) - Public Comments (PDF) - Final Rule – Effective May 29, 2015

Concise summary:

The Maine Land Use Planning Commission is seeking public comment on proposed amendments to Chapter 10 Land Use Districts and Standards that would allow the Commission to designate areas of cultural, historical, or other special significance. Within a designated area, applicants would be able to apply for a permit to reconstruct in place or expand legally existing, nonconforming structures, provided that proposed reconstruction projects conform to the purpose of designation.

Public hearing: None
Public noticed: March 4, 2015
Comment deadline: April 3, 2015
Rebuttal comment deadline: April 10, 2015

Agency contact:
Ben Godsoe
22 State House Station
18 Elkins Lane, Harlow Building
Augusta, Maine 04333-0022
(207) 287-2619

Status:

Effective May 29, 2015

NRPA Consistency - Recreational Gold Prospecting

Fact Sheet (PDF) - Rule Revisions (PDF) - Public Comments (PDF) - Final Rule – Effective July 24, 2015

Concise summary:

The primary objective of this rulemaking is to review and update the agency’s standards regarding certain protected natural resources to be consistent with the goals of the Natural Resources Protection Act (NRPA). The NRPA consistency rulemaking focuses on the permit requirements for activities in and around wetlands and water bodies. In addition, changes are proposed to Chapter 10 to conform with recent legislative changes relating to improved consistency in the regulation of motorized recreational gold prospecting.

Public hearing: None
Public noticed: February 25, 2015
Comment deadline: March 27, 2015
Rebuttal comment deadline: April 3, 2015

Agency contact:
Stacie R. Beyer
106 Hogan Rd, Suite 8
Bangor, Maine 04401
(207) 941-4593

Status:

Effective July 24, 2015