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COASTAL ZONE INFORMATION CENTER sq THE LAND USE HAND OK -s- - n SeBcotion -n rot- L UUL"' in HD Ni4 184 m2 FTHE c m L nd U Laws L3 1978 TMENT OF CONSERVATION LAND USE REGULATION COMMISSION -Oection2 2 Thi s Manual was financed in part by the National -Reproduction or resale of any part of this booklet' Endowment for The Arts. The views expressed, for commercial purposes requires written permis- however, do not necessarily represent the views sion from the Department of Conservation, State of the Endowment. House, Augusta, Maine 04333. Novemberl978 Printed under appropriation n umber 1509-1001. Olt,% Maine Land se Laws 'k, Table of Contents Introduction .............................................................................. 2 When do you need a permit? ........................................................... 3 Checklist of laws affecting your I and ................................................ 4 The Site Location Law ................................................................... 5 0 The Minimum Lot Size Law ............................................................. 8 The Coastal Wetlands Law ................................. .......................... 10 The Stream Alteration Law ........................................................... 12 A Story: The Wildwood Marina ....................................................... 13 The Great Ponds Law .................................................................. 14 The Conversion of Seasonal Dwellings Law ......................................... 17 The Shoreland Zoning Law .............................. .............................. 18 A Story: Norman and Gloria's Gamble .............................................. 20 The Subdivision Law .................................................................... 21 A Story: Keith and Laurel's Woodlot ................................................. 22 The Tree Growth Tax Law ............................................................. 23 The Maine State Plumbing Code ....................................... ............... 25 More information ..................................................................... .......... 27 The Land Use Handbook - Section 2 --ntr, duction Wl: - M 16 OL", 41 z W", Maine's land use laws help protect the environment The Maine Legislature has enacted many land This section is designed to help you understand use laws that help protect the environment and what important laws relating to land use and avoid water and air pollution. Many of these building. in Maine are all about. It explains when laws are not well known or are complicated to the law applies, under w,hat circumstances it understand. Yet they are important. Sometimes applies, and how to find out more about it'. landowners unknowingly break laws because they do not know about them. Please Note: This section is intended for general in formation. It is not intended for legal reference. The Land Use Handbook - Section 2 MAINE LAND USE LAWS When do you need, a perm it? F This diagram shows general situations where There are other projects, not illustrated, that are the diff 'erent land use laws described in this subject to the land use laws described. The booklet apply. The diagram is only a guide. page where the law is explained is circled. TREE GROWTH GREAT PONDS SHORELAND SITE LOCATION TAX LAW LAWO@ ZONING LAW LAW COASTAL WETLANDS LAW STREAM TERATION LAW@ . .. ... . .. . ... . . . ..... ... .@* .. ... .. NVERSION OF ........... S EASONAL DWELLINGS LAW :'y GREAT PONDS LAW . ....... . SHORELAND ZONING LAW .......... :.;..::;: . . ......... (LAKE) MINIMUM LOT SIZE LAW SUBDIVISION LAW bM PLUMBING CODE Th i d i', s t diff THE LAND USE HANDBOOK - SECTION 2 3 A Checklist of Laws Affecting OF Yourl-and Before you buy land or build, check out what regulations may apply to the land or your proposed project. Understanding the regulations and laws now may save you time and expense later. LAWS EU (a -J _J CO I@z 0@ CU Q) CO -_N 0 M (V _J CO JZ7 zz@ Q) p 0 ;Z@ CO lk RO 0 __J N C-) Read the descriptions below to see which apply Q) 'd to your project or location. Check marks show (U ce 'S7 '(V 10 , , 0 -0 the laws which apply to your project. co (V CO 110 Type and/or Location of Project CO CO @@Q' Project larger than 20 acres Structure larger than 60,000 square feet Graded, non-vegetated area over 3 acres V*I Sand or gravel pit larger than 5 acres Underground sewage on 112 acre lot or less Shorefront lot with less than 100 feet frontage Project that alters coastal wetlands Permanent structure on pond larger than 10 acres Project that alters rivers and streams Seasonal dwelling converted to year-round use Project within 250 feet of stream, lake or ocean VO Subdivision with more than 3 lots VII No project but a commitment to grow trees Project involving waste water disposal 4 The Land Use Handbook - Section 2 MAINE LAND USE LAWS .,The Site Location Law The state regulates "large projects" under the "Site Law" Because of their size and nature, many Protection reviews large development pro- developments can cause damage to the en- posals and issues permits for projects that vironment. The Department of Environmental meet the requirements of the Site Law. Examples of projects subject to the Site Law Developments of 20 acres or more, including subdivisions With 5 or more lots, are subject to the Site Law. Some types of subdivisions are exempt; for details of these exemptions, get in touch with the agen cies I isted below. sp "P ---------------- ----- ------- ------ ---- F The c u Be a se The Land Use Handbook - Section 2 5 Structures of 60,000 square feet or more are subject to the Site Law. In the Site Law "struc- ture" means one or more buildings. However, areas like parking lots, paved areas and wharves that are stripped and not revegetated and are 3 acres or more in size are subject to the Site Law. V M, _Yq: Developers are responsible for notifying the state If you propose a project that is subject to the For more information contact The Department Site Law, you must apply for a permit from. the of Environmental Protection, State House, Department of Environmental Protection; or, if Augusta, Maine 04333; phone (207) 289-2111; or the proposed project is in an unorganized area, call toll free: 1-800-452-1942; or if your project is from the Land Use Regulation Commission. In' in an unorganized area contact the Land Use organized areas, check with local officials to Regulation Commission, State House, see if local, regulations-such as Shoreland Augusta. Maine 04333; phone (207)289-2631. Zoning or a town subdivision ordinance-apply. F Stru t subicetc %41 6 The Land Use Handbook - Section 2 '10? ow" 04 NUR 'W 114-@- Other types of projects subject to the Site Law Gravel and sand pits which are or will be of Excavation, on land or in the water, for natural more than 5 acres are subject to the Site Law. resources other than sand and gravel, of an Pits excavated before January 1, 1970 are area of 60,000 square feet or more is subject to excluded from the law. However, after January the Site Law. 1, 1970 additional excavation of more than 5 acres in these pits requires a permit. A4 The Land Use Handbook - Section 2 MAINE LAND USE LAWS Minimum Lot Size Law "-100 Lots of less than [Tom Oxm '20,000 square feet require state approval NO,: A lot of less than 20,000 square F, feet on which underground sew- age disposal is proposed must be W1, approved by . the Department of Environmental Protection (DEP). An application for approval and in- formation which shows that a 11 4t, /011% sewage system can be installed safely must be submitted to the 14 DEP at the address on page 9. Small or narrow lots are subject to the minimum lot size law The state Minimum Lot Size Law requires that also requires that you get a permit if your lot is you get a permit if a lot on which underground on a lake, river, stream, or tidal water and has sewage disposal is proposed is less than 20,000 less than 100 feet of shore frontage. square feet in size. The Minimum Lot Size Law Sboref ron't lots with less than 100 f eet of shore f rontage need DEP approval A lot with less than 100 feet of shore frontage, on which under- ground sewage disposal is pro- -..`-...,.., . . . . . . . . . . . . .... .... . . posed, must be approved by the Department of Environmental Pro- tection. An application for ap- proval and information to show a sewage system can be installed safely must be submitted to the C> DEP at the address on page 9. F Smallor na law ho F@neei 8 The Land Use Handbook - Section 2 The minimum lot size for commercial and ind ustrial structures The law requires that commercial and industrial lots on which AM.- underground sewage disposal is proposed must have at least 20,000 square feet of area for every 300 gallons of sewage pro- duced per day. If a lot does not meet this requirement, it must be reviewed and approved by the De- partment of Environmental Protec- tion. (Special calculations apply to multiple unit housing projects; contact the DEP for assistance.) Large projects on the shoref ront require more than 100 feet of frontage The law requires that shorefroht lots on whicn gallons of sewage produced per day. underground sewage disposal is proposed for If.a lot does not meet this requirement, it must motels, hotels, office buildings, camping areas, be reviewed and approved by the Department of industrial buildings, restaurants, etc., have at Environmental Protection. least 100 feet of shore frontage for every 300 Exemptions from the Minimum Lot Size Law Lots recorded in the Registry of Deeds as of January 1, 1970 are exempt from this law unless For more information contact: adjacent lots are involved. The law does not Department of Environmental apply to lots served by a public or community Protection sewer system. In the organized area of the State House state, check with your local officials to see Augusta, Maine 04333 what other laws may apply to the lot, especially Phone (207) 289-2111; or cal I Shoreland Zoning regulations. Citizens' Environmental In the unorganized areas check with the Land Assistance Service Use Regulation Commission (LURC) for other toll free: 1-800-452-1942 lot size regulations. Contact LURC, State House, Augusta, Maine, 04333. Phone (207) 289-2631. The Land Use Handbook - Section 2 MAINE LAND USE LAWS Coastal Wetlands Law Proj66ts1h co'a'stal'Wetiands requi.re.stalte approval Any draining, f ill'ing, dredging, or construction you must apply for'a permit from the Depart- of permanent structures in coastal wetlands re- ment of Environmental: Protection before any quires a permit.,. work can begin. 74 e7@ n 42, N '71 RVM',@ -'N R Ok"-: Coastal wetlands include coastal rivers and the sea. "Coastal wetlands" include swamps, Imarshes, Law also applies to projects in rivers subject to bogs, mud flats, beaches, dunes and lowlands tidal influence and to projects affecting the sea affected by tidal action. The Coastal Wetlands bed. Projects exempted from the law The Coastal Wetlands Law exempts some material. Fish weirs, floating structures, and Fproj minor projects, such as normal repair work and small boat moorings below the low tide line are dredging or filling, of less than 1 cubic yard,of also exempt. 10 The Land Use Handbook -Section 2 N ApP,4" JR, 7 5"i 44 Why'protect Maine's coastal w etlands? Maine has only 17,000 acres of salt marsh beaches that help protect the land from storms wetlands, yet each acre produces up to 10 tons at sea and, like marshes, they have recreational of food per year. Hundreds of species of -and scenic value. The dredging and filling of animals and fish rely on this food for survival. wetlands limits their ability to work as nature in- The- marshes are also habitats for waterfowl. tended, The Wetland Law protects these and Coastal wetlands also include dunes and other essential coastal areas. 0) -coastal Contact the DEP if you plan a pri Oect in a wetland It is the responsibility of the developer. to show from: that a proposal will not adversely affect water The Department of Environmental Protection, quality, wildlife, fisheries, navigation or recrea- State House, Augusta, Maine 04333. Phone: tion,.or cause erosion. (207) 289-2111; or contact Citizens' Environmen- information and applications fo Ir Coastal tal Assistance; ToU free: 1-800-452-1942. Wetland Alteration Permits can be obtained F 'n tj Cwoe The Land Use Handbook - Section 2 MAINE LAND USE LAWS The Stream Alteration Law OF Projects that alter rivers and streams require a permit Any construction or dredging or filling in, on, over, or adjacent to a river, stream or brook above head of tide requires a permit from the Department of Inland Fisheries and Wildlife. Their address is given below. A- stream is de- fined as any channel with year-round or inter- mittent f low. What projects require a permit. The following are examples of projects that re- 0 quire a Stream Alteration Permit: Igo W@ causeways docks dredging bridges flood walls any permanent a mari nas beaches structure iA wharves fill A` I gGgIll"I'm Vlk,-", qA X11- M, Exempt projects 1A Private crossings of streams or dams that do not alter more than 100 feet (total of both sides) of stream bank are exempt. Public works crossings affecting less than 300 feet of stream bank are exempt. How the state evaluates your project Permits are granted to projects that do not unreasonably: � harm fish and wildlife habitat For more information contact the Department � cause soil erosion of Inland Fisheries and Wildlife, State House, � interfere with navigation and recreation Augusta, Maine 04333; or call: (207) 289-3286. � lower the water quality � interfere with the natural flow of waters 12 The Land Use Handbook - Section 2 @VR A 51 @@_747 4*@ 4Z A Story -The Wildwood Marina The Wildlands Development Group pur- permit to construct the 21 permanent boat chased a few hundred acres on Desola- docks,as required by the Great Ponds Act. tion Pond and drew up plans for a large The Department.of,Environmental Protection subdivision. They proposed 21 shorefront lots, staff reviewed the project and recommended ranging in size from 1 to 6 acres, an access it be approved on the, condition that the boat road, and 10 back lots each with an attractive docks be eliminated or at least consolidated mountain view. They hoped to build a into a single permanent dock serving the permanent boat dock on each shorefront lot whole project. to attract sales. The idea appealed. to, the Development Wildlands first approached the Select- Group. It would reduce their construction men, who acted as the town's Planning costs and provide a boat docking area for all Board: They liked the project, noted that it lot owners. They agreedto the condition and, met requirements of the Subdivision and gained quick approval of their project Shoreland Zoning Laws, and approved it. The sales brochure for Wildland Acres The Wildlands Group then applied to the now features a "marina and boat docking Department of Environmental. Protection for a area" and boasts of a "natural, unspoiled Site Location of Development Permit and a shoreline." FA The Land Use Handbook - Section 2 MAINE LAND USE LAWS The Great Ponds Law OF Projects in the water or on the shore's edge of Great Ponds- may need state approval A Great Pond is a natural lake of 10 acres or Examples of projects subject to this law more, or a dammed lake of 30 acres or more. include: All proposals to build, dredge or f ill, in or next to permanent docks,: launching ramps, rip-rap, Great Ponds require a permit from the Depart- beaches, water@ide retaining walls, shore- front alterations, causeways, bridges, ment of Environmental Protection. marinas, wharves, dredging, filling, and breakwaters. The quality of a lake can be hurt by construction Structures, filling or dredging change the lakeshore shallows that provide spawning areas for fish, nesting places for waterfowl and food for insects, small fish and animals. � Poorly designed structures can erode the shoreline. � Too many structures on a lake or too much filling can destroy the beauty of the lake shoreline. pOCK For more information contact: Department of Environmental Protection RAM P State House 7... Augusta, Maine 04333 (207)289-2111 orcall Citizens' Environmental Assistance toll free: 1-800-452-1942 U. L9 P WALL PROPO!>-_P M A R UAVI 5EAC 1-4 J4 POC-K moimh POCY, @im uiii IRS!/ . . . . . . . . . . I !............ iUfl 14 The Land Use Handbook Section 2 How the state evaluates your project If you plan a project in a Great Pond or adjacent to a Great Pond you must apply for and obtain a permit before work begins. The project must not unreasonably: destroy scenic values harm the natural environment 0 cause soil erosion 0 interfere with water flow 0 lower water quality * harm wildlife F Examples of construction standards for Great Pond projects Controlling erosion Keep the natural vegetation whenever possible. Revegetate areas that have been cut or filled. Use large rocks or rip-rap at the water line. Locating floats Use floats which remain in the water no more than 7 months per year when possible. Permanent docks re- quire a permit. Building boat ramps 0 Use concrete plank ramps no more than 12 feet wide where possible. 0 Construct ramps to follow the slope of the lake bottom. (Generally, no underwater f ill is allowed.) 0 Plan for a ramp that can be used by groups of boat owners rather than for just one or two boats. Creating beaches Don't build a beach by dumping sand in the water Don't take rocks f rom the water or the bank Plan for a beach that can be used by more than one owner, or the public; it is more likely to be approved than one-owner beaches. The Board of Environmental Protection has simplified the permit process for certain projects in Great Ponds areas. These projects must have no significant impact on the Great Pond and must meet certain standards. For information write to the Department of Environmen- tal Protection, State House, Augusta, Maine 04333. Tel. (207) 289-2811. Note: Most building, clearing and development on land within 250 feet of the shoreline is subject to Shoreland Zon- ing. Check with your local officials, or, if you live in an unorganized area or plantation, check with the Land Use Regulation Commission; (207) 289-2631. ExaiJ p oj The Land Use Handbook- Section 2 15 or 16 The Land Use Handbook - Section 2 MAINE LAND USE LAWS Conversion of Seasonal Dwellings Law Seasonal dwellings in 4A shoreland areas require a permit if converted to year-round use. W. Before you can use a seasonal camp or cottage within a Shoreland Zoning area as a permanent, year-round dwelling, you must get a conversion permit from the local plumbing inspector. Shoreland Zoning areas are areas within 250 feet of most large streams, ponds over 10 acres, or the ocean. Conversion to a year-round dwelling means adding insulation, heating systems or a year- round water supply to a camp or cottage to make it suitable foryear-round living. Um How a "conversion" application is evaluated The purpose of this law is to make sure that. old Note: An exception to the above conditions can sewage disposal systems, built for seasonal be made under special circumstances. Check use, can handle the added waste caused by with your local plumbing inspector. year-round living without causing a health For more information see the State of Maine hazard or polluting nearby waters. Plumbing Code, Part 11, Subsurface Wastewater The local plumbing inspector will issue a con- Disposal Regulations. They are available from: version permit IF: The Department of Human Services, Health Engineering, State House, Augusta, Maine records show the existing sewage 04333; or cal 1 (207) 289,3826. system meets the standards of the State Plumbing Code, OR the applicant can show that site conditions will permit the installation of a sewage system that meets State Plumbing Code standards. (This re- :quires the services of a licensed soils evaluator.) OR the dwelling is connected to a community sewer system.; F eas shor( The Land Use Handbook - Section 2 17 MAINE LAND USE LAWS The Shoreland Zoning Law OF Most land'within 250 feet of streams, lakes or the ocean@ is.. subject to regula(tion Shoreland Zoning regulations apply to most land in Maine within 250 feet of large streams,. lakes over 10 acres, and the ocean. Before you buy, build, clear or alter land in these areas check at the Town Office to find out how the local Shoreland Zoning Ordinance af- fects what you plan to do on the I ot. How Shoreland Zoning might af f ect your shoref ront lot: Oki some dxamples Uses permitted Clearing and timber harvesting Your Town's Shoreland Zoning Ordinance ex- Shoreland Zoning ordinances limit the amount plains what use's are allowed on your lot. Check of clearing and cutting that can be done near to see that the use you propose is allowed. the shore. Usually only thinning is permitted. Check the regulations. Lot size and setbacks Shoreland Zoning 'ordinances specify the minimum lot size allowed in different shoreland locations. The ordinance also states how far the house and sewage system must be set back from the water. In most areas this setback must be at least 75 feet. Check the requirements. 18 The'Land Use Handbook - Section 2' o ela d z6 N Why.."Sh'.. r n hing. Development Close to the@shores of lakes rivers The: purposes of,shorelaindiz@oning are to, and the o,ce,an'.0an causeIpollution, soil erosion, and if poorly planned. or built, can be an eye- protect and enhance water quality sore. protect shoreland areas frorn.erosion protect and preserve vegetation and wildlife conserve natu ral beauty, ''WMt lug V - - - - - - - - - - - - - More information on shoreland zoning Check the Shoreland Zoning Map and Or- dinance in your town or ask the Selectmen, Planning Board or Code Enforcement Of- f icer. If you live in a place with no local town govern- ments, check with the Land Use Regulation Commission, State House, Augusta, Maine 04333. Phone (207) 289-2631. For general information about Shoreland Zoning: contact the State Planning Office, State House, Augusta, Maine 04333. Phone (207) 289-3261; or contact your Regional Planning Commission. 7- rMor 1A /A The Land Use Handbook - Section 2 19 ........... A Story Norman and Gloria's Gamble. Norman and Gloria found a camp lot for the house the required 75 feet from the shore sale that looked ideal to them. It -had because the lot was too shallow. They told the a nice view, and was located where a small couple that if they decided to build they would brook entered the lake. But before they put any need to apply for a variance from the Board of money down they had a Soils Report done and Appeals. checked the Shoreland Zoning regulations with Norman and Gloria ignored that advice, the town's Planning Board. took a gamble and bought the lot for $5000. The Soils Report showed that they might Some months ago the Appeals Board denied be able to dispose of waste-water if they had a their request for a variance. "special system" designed. It would cost a little They have now bought additional land at more but seemed reasonable to them. the back of their lot and plan to build in the The Planning Board was less reassuring. spring. They are disappointed at the delay but They visited the site with Norman and Gloria confident that they can comply with the and pointed out it would be difficult to set back Shoreland Zoning regulations. 20 The Land Use Handbook - Section 2 MAINE LAND USE LAWS The Subdivision Law If you subdivide land into 3 or more lots you may need a permit If you plan to subdivide land into 3 or more lots within a 5-year time span (and the lots are less than 40 acres each) you must meet the re- quirements of the Municipal Subdivision Law. Before you create any kind of subdivision find out what the subdivision regulations are in your location-it might save you from getting into problems later. If you live in a town or city, check with the Plan- All subdivisions must meet ning Board or Town Office. If you live in an unorganized area or plantation, certain m.inimum conditions.,.. check with the Land Use Regulation Commis- People proposing a subdivision must be able to sion, State House, Augusta, Maine 04333. show that: Phone (207) 289-2631. it will not cause pollution sufficient water is available it will not cause soil erosion it will not cause unsafe traffic conditions sewage waste disposal can be adequately handled it won't burden the town's solid waste or sewage serviced, if any it won't unduly affect the scenic or natural beauty of the area it conforms with other applicable regulations; and they have the financial and technical ability to carry out the project. In addition, a subdivision is not considered legal until it has been approved by local author- ities and registered at the proper registry of F if YO nto 3 or deeds. The Land Use Handbook - Section 2 21 IfRi'o I O@ffl, -'w M9 0, , @ 'k @;@ " 1*121 N! W WIWI I v- Kni 5gp P Eq 4 01 P"'iO OY qflpw, st i, FU. s ?i A, jZ,;i!, A-F ig". nR s`@' P" s@ u 2j"m ',ig @-, -1171 "Ild -11il, 'UR tip "M @f,@i n,'@ OV Man, sp t W@ Jug Hill i@ 'JI, N Ing "e, 41, N, Is zft Elm A Story Keith and Laurel's Woodlot Keith and Laurel bought 60 'acres of an d Laurel were worried until they heard about Maine fields and woods and built their house in the Tree Growth Tax Law. It suited their needs a clearing back from the road. They have a perfectly. garden, some chickens and a pig or two. They Their woodland is now valued at $50 an plan to be there aw 'hile and they like the open acre. Their taxes are down and all they had to space and countryside. However, the town is do was file an application and commit them- growing. Last year the assessors valued the selves to not developing their woodlands, woodland along the road at $300 an acre. Keith something they never intended to do anyway. 22 The Land Use Handbook - Section 2 MAINE LAND USE LAWS The Tree Growth Tax Law If you own more than 10 acres of woodlands you may qualify for a tax break If you own between 10 and 500 acres of land 51 used primarily to grow trees, you may be eligi- ble for tax savings under the Maine Tree Growth Under this law, your woo Tax La diands will not bew' evaluated at their highest potential value, but at a special lower tax rate for land used to grow trees. If you own more than 500 acres of woodlands, they are automatically taxed at the'special Tree Growth Tax rate. F What's the catch? Because the law was passed to encourage peo- ple to grow trees, you will pay a penalty if you use the land, or any portion(s) of it, for something else. Directions for registering your woodlands for tax savings are given below. How to qualify for the Tree Growth Tax Law To be classified under the Tree Growth Tax Law follow these steps: 1. Get Property Tax Bulletin 19 and the 3. Send the Schedule and Forest Type Map Maine Tree Growth Tax Law Schedule to your tax assessor before April 1. If your from the Bureau of Taxation, State House, land is in an unorganized township, send Augusta, Maine 04333; or phone (207) these papers to the Property Tax Division 289-2011. of the Bureau of Taxation, State Office 2. Fill out the one-page Schedule and make a Building, Augusta, Maine 04333. If your Forest Type Map of your woodlands. See land is in an organized town or plantation, the next page for an example of the map. send them to your Municipal Assessor. W@h The Land Use Handbook - Section 2 23 How to make a "Forest Type" map OF An example of a Forest Type Map 0 FOR F -TI, 04@259 GOUN" NrF@ 00VAN MAI" 0 GFF -Tti _T Zl- OF OV ON@AOU @A@ 55- A NP0 PL 'FID I V< VA ep,@AL PVAO @,VupECSG - OF FP,1RCF_1_ U 36 ;V@ MPR J_OC4T@ON 0@7 ?@ACEL- WOOD PPD WOOD -"PF- so _T AC- g C,,4 1500 to MAKESURE OUIVE INCLUDE @3 A@1- THIS ....... ...... INFORMATION 40 ,? %0D 4 \N000 RICIUL:Tu 'To Cf t\f E P1GaG@k1CQ1- T -0 \NP0 VL 1. Write: your name, mailing address, 3. Estimate how many acres of each wood property location and how the property is type there is on your land. identified on the tax maps, tax bill, assess- ment records or the recorded Deed num- 4. Using an aerial photograph, forest type ber. map, or your knowledge of the land, show which areas are softwood type, mixed 2. Outline your property lines, to scale, on a wood type or hardwood type and what sheet of paper. Use a tax map if you don't areas are not in woodlands. The have a survey of the land. "SCHEDULE" from the Tax Bureau will help you. N P__ @AO-T@ 24 The Land Use Handbook - Section 2 MAINE LAND USE LAWS wijhe Maine State Plumbing Code @j 4 c@, I The "Plumbing Code" i" It regulates subsurface disposal of waste water _61 if you wish to dispose of any wastewater (from kitchens, bathrooms, laundries, etc.) on your i':u property, the system or method you use must meet the standards of the State Plumbing Code, Part 11. (Part I sets standards for indoor Plumbing.) The "Code" (also known as the "Subsurface Wastewater Disposal Regulations,") specifies what systems or methods are allowed in dif- ferent situations to dispose of wastewater. It also has information on permit fees, how soils test pits are to be made, building sewers, ex perimental systems, and more. Get a plumbing permit before you build To find out about different wastewater disposal "B" systems suitable for your land, check the Plum- bing Code and consult a "licensed soils evaluator," your Local Plumbing Inspector, or contact the Department of Human Services, Health Engineering Division (address on page 26.) To get a permit, follow these steps: 1. Contact a "licensed soils evaluator," a person registered with the Department of Human Services to perform this service. 2. Have the "evaluator" conduct a soils test, recommend a system it the soils are suitable, and complete a Soils Report. The evaluator will provide the Report form. 3. Contact your local Plumbing Inspector for a permit to construct the system and show the Inspector two copies of the Soils Report. If you live in an unorganized area or plantation, the Soils Report must be sent to the Land Use Regulation Commis- sion with your Building Permit Applica- tion. FThe The Land Use Handbook - Section 2 25 11`rQkLI,,5-W ft 'kig -a 'n -g ng g 40 W21 Before you buy land make OF sure it will meet plumbing code requirements V, Before you buy land on which you plan to put plumbing, make sure that it can accommodate -7 7 a subsurface wastewater disposal system. You do not want to pay for land you cannot develop! Once you have selected a piece of land, have a "licensed soils evaluator" prepare a Soils Report and make sure that the report: shows the soils are suitable j 41. shows how to construct a disposal V "WW M system s hows the system set back the required distance from bodies of water, your well, and property lines More information You should also be aware that,there are alter- To get a copy of the State Plumbing Code, Part natives to conventional toilets, such as dry 11 send $2.00 to: toilets or privies.Tell the licensed soil evaluator Department of Human Services what you want before he or she conducts the Division of Health Engineering test. State House, Augusta, Maine 04333. A list of licensed soils evaluators is available from the same address. 26 The Land Use Handbook - S6cflon 2. MAINE LAND USE LAWS More lnf orma' tion I nf ormation on specif ic laws 1. The following state agencies are able to 3. The following publications are available provide information and assistance from the Maine Department of En- relating to many of the laws described in vironmental Protection (address above). this Section. a. Protecting Your Lake-A. Citizen's Guide to a. Maine State Planning Office the Great Ponds Act, (11973) State House b. Protecting Your Coastal Wetlands-A Augusta, Maine 04333 Citizen's Guide to the Coastal Wetlands Act, Phone: (207) 289-3261 (1974) b. Maine Department of Environmental c. Directory of Environmental Statutes' Maine Protection Department of Environmental Pr@ltection, State House (1976) Augusta, Maine 04333 Phone: (207) 289-2811 d .Great Ponds in Maine (a listing of Great c. Citizens' Environmental Assistance Ponds in Maine, 1973) (a service of the Department of 6. Lake Inventory for Maine (a listing of-lakes in Environmental Protection) Maine, 1974) Phone: 1-800-452-1942 f. Cleaning Up the Water-Private Sewage d. Maine State Law and Legislative Disposal in Maine,'(1914) Reference Library g. Site Location of Development Act, (1977) State House Augusta, Maine 04333 h. Great Ponds Laws, (11977) Phone: (207) 289-2648 i. Department of Environmental Protection e. Maine Land Use Regulation Commission Regulations- Regulations for processing of State House applications, hearings on applications, rules Augusta, Maine 04333 of conduct for enforcement hearings, special 'Phone: (207) 2891-2631 regulations for hearings on applications of 2. The following publications are available significant public interest. from the Maine State Planning Office (ad- dress above). a. Maine Planning and Land Use Laws (updated after each Legislative Session). A booklet containing the legal language of many of the laws described in this Section. b. State of Maine Guidelines for Municipal Shoreland Zoning Ordinances (1973). FM The Land Use Handbook - Section 2 27 General Information OF 1. The following booklets are available 3. The following publications are available f rom: f rom: Land Use Regulation Commission Maine State Planning Office State House State House Augusta, Maine 04333 Augusta, Maine 04333 a. Section 208 Areawide Waste Treatment a. Building in the Wildlands of Maine, by Bruce Management Program Model Land Use Or- Hendler, 1973 (an illustrated booklet on dinances. Contains model ordinances for building in Maine) aquifer protection, subdivision regulations, b. Subdividing in the Wildlands of Maine, by and on-site sewage disposal. Bruce Hendler, 1973 (an illustrated booklet b. Sample Forms for Shoreland Zoning on subdividing land in Maine) Administration 2. The following publications are available c. Subdivision Review 'A Procedural Guide for from'the agency listed after the publica- Local Planning Boards tion. d. Model Subdivision Regulations for Small a. Maine Landowners Handbook, by Edward Towns Schriver, 1974, by Tower Publishing Co., Portland, Maine. Prepared and edited by e. Maine's Coast, Special Considerations for Allagash Environmental Institute. the Municipal Planning Process, by Bruce b. All Land is Not Created Equal, by Mark Hendler, 1976 Eyerman, 1976, Greater Portland Council of Governments, 331 Veranda Street, Portland, Maine. c. Maine EnvironNews. A newsletter publication of the Maine Board of En- vironmental Protection. Available from: Department of Environmental Protection State House Augusta, Maine 04333 d. Private Water Supplies, State of Maine, 1976. Available from: Maine Department of Human Services Division of Health Engineering Augusta, Maine 04333 28 The Land Use Handbook - Section 2 Acknowledge ments Author: Brian Kent Illustrations: Jane Frost Research & drafting: Robert Scribner' Diagrams: Brian Kent Book design: Brian Kent and Jane Frost Typing: Sue Allen Secretary: Priscilla Daiute The Handbook was produced with guidance from Nancy Ross, Director of Planning and Program Services, Department of Conserva- tion; Kenneth G. Stratton, Director of' the Land Use Regulation Commission; and Rich- ard E. Barringer, Commissioner, Department of Conservation. Many persons in the Depart- ment of Conservation, in other State agen- cies and in public and private organizations assisted by reviewing parts of the Handbook. The Land Use Regulation Commission and staff were particularly helpful with sugges- tions and technical advice. We thank them all. Photograph Credits Richard Riley Cover photograph and photo on page 1. Brian Kent Photographs on pages 6, 7, 11, 13, 17,18, 21,25,26. Christopher Ayres Photographs on pages 2,10,16, 22. Michael Mahan Photographs on pages 12, 23. ACI Your Land Maine L DATE DUE At 3_1 Me' Fie %S ion V 07M 41 0"Y Hc_@ L.U.R.C. GAYLORD No. 2333 PRINTED IN USA 5 'pq g, Desm E!, A RN Design Ideas Erosion Control on Logging JobsAccessible en Francais THELANDUSEHANDBOOK 3 6668 14106 0444 r