Fish River Chain of Lakes Concept Plan

Zoning Petition ZP 768

Last Updated: October 3, 2019

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This web page is a source of information about the Commission's concept plan program, including the Commission's review criteria and process of evaluating concept plans and details about the Commission's review of Zoning Petition ZP 768, a petition from Irving Woodlands LLC (Irving) to rezone approximately 51,000 acres of its ownership in northern Aroostook County to a Resource Plan Protection (P-RP) Subdistrict in order to implement a concept plan. The documents on this site are available for downloading in either Microsoft Word or Adobe PDF file format. Many of these documents are also available by postal mail upon request by contacting LUPC's office in Augusta (call 207-287-2631 or email LUPC@maine.gov).

Please note that the Commission is no longer accepting public comments on Zoning Petition ZP 768.

Final Commission Decision

On September 11, 2019, the Land Use Planning Commission voted unanimously to accept Zoning Petition ZP 768, a petition from Irving Woodlands LLC (Irving) to rezone 51,000 acres of its ownership in northern Aroostook County to a Resource Plan Protection (P-RP) Subdistrict and make effective the attendant Fish River Chain of Lakes Concept Plan.

Many of these documents are available for downloading in Adobe Portable Document Format (PDF). If you cannot open these files, download the free Adobe Reader® software for viewing and printing PDF files.


Commission Decision and Final Concept Plan
Commission Decision in the Matter of Zoning Petition ZP 768 (PDF 430KB) - The Commission's September 11, 2019 decision sets forth the basis for the Commission's conclusion that the Concept Plan satisfies all governing review criteria. This file includes Attachment A: Full Administrative History. Attachment B (the Concept Plan) is available as a separate document.
Attachment B: Fish River Chain of Lakes Concept Plan (PDF 14MB)
Additional Resources
Frequently Asked Questions (PDF 142KB) – A short collection of frequently asked questions and brief responses.
Excerpts Regarding License Lots and Access (PDF 154KB) – Excerpts of the concept plan regarding License Lots and Access.

Concept Plans and the Commission's Criteria for Approval

Concept plans are landowner-created, long-range plans for the development and conservation of a large area. These plans are a clarification of long-term landowner intent that indicate, in a general way, the areas where development is to be focused, the relative density of proposed development, and the means by which significant natural and recreational resources are to be protected. The Commission established the concept plan process as a flexible alternative to traditional subdivision and development regulation, designed to accomplish both public and private objectives. Concept plans are initiated by a landowner and must be approved by the Commission.

Concept plans are implemented by rezoning land to a Resource Plan Protection (P-RP) Subdistrict. Consequently, the key regulatory review criteria for concept plans are the Commission's statutory criteria for rezoning and the Commission's Land Use Districts and Standards. The Commission's Comprehensive Land Use Plan also describes concept plans in its discussion of the Commission’s lake management program. The statutes and rules containing the criteria for approval and other reference material are summarized in the following table.

Project Information and Chronology

Date Project Update or Event Additional Information
9/26/2019 Commission Decision in the Matter of Zoning Petition ZP 768
8/29/2019 Staff Recommendation
8/21/2019 Final Commitments and Statements
8/5/2019 Eighth Procedural Order
8/14/2019 Staff Suggested Edits
7/1/2019 Written Comments – Intervenors and Interested Persons
6/7/2019 Revised Petition (Note: This revised plan supersedes prior versions)
6/7/2019 Governmental Agency Comments
5/17/2019 Seventh Procedural Order
7/13/2018 Written Comments [The following documents include all written comments submitted between the closing of the comment period noon on June 22 through noon on July 13.]
6/22/2018 Written Comments
[The following documents include all written comments submitted between the hearing and the closing of the comment period on June 22.]
5/22/2018 - 5/24/2018 Public Hearing
The following document includes hyperlinks to all audio files, visual aids, and handouts that were part of the public hearing.
Hearing Record (PDF 113KB)
5/16/2018 Hearing Resources Reference Sheets
5/11/2018 Sixth Procedural Order Procedural Order (PDF 148KB)
5/2/2018 Petitioner Pre-filed Testimony Irving
  1. Witness List (PDF 100KB)
  2. Noel Musson Pre-Filed Testimony (PDF 372KB)
  3. Terry Dewan Pre-Filed Testimony (PDF 227KB)
  4. John Gilbert Pre-Filed Testimony (PDF 304KB)
  5. Patrick Clark Pre-Filed Testimony (PDF 2.8MB)
  6. Roger St. Amand Pre-Filed Testimony (PDF 680MB)
  7. Anthony Hourihan Pre-Filed Testimony (PDF 492KB)
  8. Ked Coffin Pre-Filed Testimony (PDF 325KB)
  9. Petitioner Pre-Filed Exhibits
5/2/2018 Intervenor Pre-Filed Testimony Fish River Lakes Leaseholders Association
  1. Witness List (PDF 101KB)
  2. Cheryl St. Peter Pre-Filed Testimony, Topic Three (PDF 5.4MB)
  3. Cheryl St. Peter Pre-Filed Testimony, Topic Two (PDF 2.4MB)
  4. Adam Jandreau Pre-Filed Testimony, Topic Three (PDF 2.4MB)

Forest Society of Maine

  1. Karin Tilberg and Jake Metzler Pre-Filed Testimony and Witness List (PDF 3.5MB)

Natural Resources Council of Maine

  1. Catherine Johnson Pre-Filed Testimony and Witness List (PDF 3.5MB)
5/2/2018 Governmental Agency Pre-Filed Comments

Aroostook County Commissioners (PDF 350KB)

Bureau of Parks and Lands (PDF 291KB)

Department of Inland Fisheries and Wildlife (PDF 251KB)

Maine Forest Service (PDF 5.7MB)

Maine Department of Environmental Protection (PDF 203KB)

Town of Van Buren (PDF 50KB)

4/27/2018 Hearing Notice
4/12/2018 Petition Amendment
(Note: These materials have been superseded by the June 7, 2019 filing.)
  1. Plan Area (PDF 197KB)
  2. Hillside Development (PDF 209KB)
  3. Yerxas & Square Lake Development (PDF 443KB)
  4. Subdivision Standards (PDF 92KB)
  5. Cluster Development Dimensional Requirements (PDF 94KB)
  6. Floodplain Changes Over Time (PDF 93KB)
  7. Uses in M-GN Affecting D-RS (PDF 101KB)
  8. Minimum Lot Size (PDF 92KB)
  9. Assurance of Public Benefits (PDF 99KB)
  10. Trail Access (PDF 141KB)
  11. CD Areas (PDF 188KB)
  12. Land Divisions (PDF 383KB)
  13. Conservation Easement (PDF 355KB)
  14. Sustainable Forestry Principles (PDF 419KB)
  15. Access Issues (PDF 107KB)
  16. Service Provision (PDF 97KB)
  17. Allowed Uses (PDF 183KB)
  18. Recreational Boating Numbers (PDF 215KB)
  19. Phosphorus (PDF 3.5MB)
  20. Roads (PDF 150KB)
  21. Other (PDF 92KB)
  22. Map Amendments (PDF 9.5MB)
4/9/2018 Fifth Procedural Order
3/29/2018 Petition Amendment
[NOTE: The updates and revisions described in the outline will be posted on the web April 13th]
3/16/2018 Fourth Procedural Order
12/12/2017 through 2/28/2018

Governmental Agency Comments Received to Date
(NOTE: See other similar items listed for 11/1/2017 through 12/11/2017 and 09/13/2017 through 10/31/2017 entries)

12/29/2017 Interested Persons Issues Lists
12/11/2017 Intervenor Issues Lists
11/1/2017 through 3/20/2018 Governmental Agency and Service Provider Comments Received to Date
(NOTE: See other similar items listed for 09/13/2017 through 10/31/2017 entry)
11/1/2017 through 12/11/2017 Public Comments Public Comments (PDF 15KB)
11/17/2017 Third Procedural Order Procedural Order (PDF 58KB)
11/2/2017 Second Procedural Order Procedural Order (PDF 55KB)
9/13/2017 through 10/31/2017 Governmental Agency and Service Provider Comments Received to Date
10/19/2017 First Procedural Order Procedural Order (PDF 83KB)
10/6/2017 Commissioner Meeting and Public Site Visit
9/6/2017 Hearing Notice Hearing Notice (PDF 41KB)
9/6/2017 Commission Response – Commission finds the petition is complete for processing Commission Memo (PDF 165KB)
8/9/2017 Commission Meeting(Hearing determination and designation of presiding officer) Meeting Record (PDF 98KB)
6/1/2017 Petition Amendment Filed with the LUPC
    Volume 3
  • Maps (PDF 17.7MB)
3/13/2015 Commission Response – (Commission staff notified the applicant that additional application materials were needed in order to find the petition complete for processing.)  
12/31/2014
Petition Filed with the LUPC
(NOTE: This submission has been superseded by the 6/1/2017 submission, and again by the 6/7/2019 submission.)
Notice of Filing of Rezoning Petition Notice of Filing (PDF 456 KB)
10/09/2013
Pre-application presentation to Commission
06/12/2013 Pre-application presentation to Commission