01-672-10 Me. Code R. § II-22

Current through 2024-52, December 25, 2024

Section 672-10-II-22 - MANAGEMENT SUBDISTRICTS

Pursuant to the Commission's Comprehensive Land Use Plan, the following management subdistricts are established:

A.GENERAL MANAGEMENT SUBDISTRICT (M-GN)

1.Purpose

The purpose of the M-GN subdistrict is to permit forestry and agricultural management activities to occur with minimal interferences from unrelated development in areas where the Commission finds that the resource protection afforded by protection subdistricts is not required.

2.Description

These are areas which are appropriate for forest or agricultural management activities and that do not require the special protection afforded by the protection subdistricts or the M-NC or M-HP subdistricts. Also included within M-GN subdistricts must be areas which do not qualify for inclusion in any other subdistrict.

3.Land Uses

a.Uses Allowed Without a Permit

The following uses are allowed without a permit from the Commission within M-GN subdistricts:

(1) Emergency operations conducted for the public health, safety or general welfare, such as resource protection, law enforcement, and search and rescue operations;

(2) Forest management activities, except for timber harvesting³;

(3) Land application of septage, sludge and other residuals, and related storage and composting activities in compliance with regulations promulgated by the Maine Department of Environmental Protection under 38 M.R.S. §13: Maine Hazardous Waste, Septage and Solid Waste Management Act;

(4) Motorized vehicular traffic on roads and trails, and snowmobiling;

(5) Primitive recreational uses, including fishing, hiking, hunting, wildlife study and photography, wild crop harvesting, trapping, horseback riding, tent and shelter camping, canoe portaging, cross country skiing, and snowshoeing;

(6) Surveying and other resource analysis;

(7) Trails, provided they are constructed and maintained so as to reasonably avoid sedimentation of water bodies; and

(8) Wildlife and fishery management practices.

b.Uses Allowed Without a Permit Subject to Standards

The following uses are allowed without a permit from the Commission within M-GN subdistricts subject to the applicable requirements set forth in Sub-Chapter III:

(1) Accessory structures: New or expanded structures accessory to, and located on the same lot as, any legally existing principal structures and uses, provided that:

(a) The accessory structure is located in a subdistrict that allows the principal use; and

(b) The total square footage of the footprint of all new or expanded accessory structures built on a lot within a two-year period is not more than 750 square feet and all other requirements and standards of Section 10.27,P are met;

(2) Agricultural activities:

(a) Agricultural management activities, including cranberry cultivation; the construction, alteration or maintenance of farm or livestock ponds which are not fed or drained by a flowing water; and the operation of machinery and the erection of buildings including buildings to store equipment and materials for maintaining roads and other structures used primarily for agricultural management activities; and

(b) Small-scale agritourism;

(3) Campsites;

(4) Checkpoint buildings;

(5) Commercial: Natural resource processing facilities that do not involve structural development, in conformance with the requirements of Section 10.27,S;

(6) Constructed ponds: Creation, alteration or maintenance of constructed ponds, other than those described in Section 10.22,A,3,b,(2) above, less than 1 acre in size which are not fed or drained by flowing waters, in conformance with the vegetative buffer strip requirements of Section 10.27,C,2,a;

(7) Driveways associated with residential uses;

(8) Filling and grading;

(9) Forest management activities, except for timber harvesting⁴, involving the operation of machinery and the erection of buildings including buildings to store equipment and materials for maintaining roads and other structures used primarily for forest management activities;

(10) Hand-carry launches: Parking areas, roads, signs and similar facilities associated with private and commercial hand-carry launches;

(11) Home-based businesses: Minor home-based businesses;

(12) Mineral exploration activities: Level A and B mineral exploration activities, including associated access ways;

(13) Natural resource extraction: Mineral extraction operations, less than 5 acres in size, except for gravel extraction less than 5 acres in size;

(14) Road projects: Level A and B road projects;

(15) Service drops;

(16) Signs;

(17) Trailered ramps: Parking areas, roads, signs and similar facilities associated with public trailered ramps; and

(18) Utility services: Buildings or structures necessary for the furnishing of public utility services, provided they contain not more than 500 square feet of floor area, are less than 20 feet in height, and are not supplied with water.

c.Uses Requiring a Permit

The following uses, and related accessory structures, may be allowed within M-GN subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:

(1) Agricultural activities:

(a) Small-scale agricultural processing facilities;

(b) Small-scale agritourism not in conformance with the requirements for such activities in Section 10.27,A; and

(c) Medium-scale agritourism;

(2) Campsites, Residential;

(3) Commercial:

(a) Natural resource processing facilities that do not involve structural development, not in conformance with the requirements of Section 10.27,S;

(b) Natural resource processing facilities that may involve structural development, in conformance with the requirements of Section 10.27,S; and

(c) Recreation supply facilities that do not involve structural development and are not within one-quarter mile of Management Class 1, or Management Class 2 lakes, and not within one-half mile of Management Class 6 lakes;

(4) Constructed ponds: Creation, alteration or maintenance of constructed ponds, other than those described in Section 10.22,A,3,b, above, which are 1 acre or more in size, or such ponds less than 1 acre which are not in conformance with the vegetative buffer strip requirements of Section 10.27,C,2,a;

(5) Draining, dredging, and alteration of the water table or water level for other than mineral extraction;

(6) Driveways associated with non-residential uses; driveways associated with residential uses which are not in conformance with the standards of Section 10.27,H;

(7) Family burying grounds of not more than one-quarter acre, in accordance with 13 M.R.S. §1142;

(8) Filling and grading which is not in conformance with the standards of Section 10.27,F;

(9) Home-based businesses: Major home-based businesses, except in the townships or plantations listed in Section 10.22,A,3,d;

(10) Maple sugar processing operations;

(11) Metallic mineral mining activities: Tier one advanced exploration;

(12) Mineral exploration activities: Level A and B mineral exploration activities, including associated access ways, which are not in conformance with the standards of Section 10.27,C;

(13) Natural resource extraction: Mineral extraction operations, except for gravel extraction less than 5 acres in size,

(a) affecting an area less than 5 acres in size and which are not in conformance with the standards of Section 10.27,C;

(b) affecting an area between 5 and 30 acres provided the unreclaimed area is less than 15 acres; and

(c) structures essential to the extraction activity having a total gross floor area of no more than 2,000 square feet;

(14) Peat extraction affecting an area less than 30 acres in size;

(15) Portable mineral processing equipment;

(16) Recreational lodging facilities:

(a) Level A;

(b) Level B;

(c) Level C; and

(d) Level D (inside the geographic allowance area);

(17) Residential: Single and two-family dwellings;

(18) Road projects: Level C road projects;

(19) Sawmills and chipping mills on sites of less than 5 acres;

(20) Signs which are not in conformance with the standards of Section 10.27,J;

(21) Solid waste facilities affecting an area less than 2 acres in size;

(22) Structures: Non-commercial structures utilized for educational, scientific, or nature observation purposes; structures devoted to composting of sludge, septage or other residuals affecting an area less than 5 acres in size; and structures devoted to the storage of sand or salt;

(23) Subdivisions: General management subdivisions;

(24) Trailered ramps: Parking areas, roads, signs and similar facilities associated with commercial and private trailered ramps and such facilities addressed in Section 10.22,A,3,b which are not in conformance with the standards of Section 10.27,L;

(25) Truck and equipment storage;

(26) Utility facilities, excluding service drops; and wire and pipeline extensions which do not meet the definition of service drops;

(27) Water impoundments;

(28) Wind projects: Community-based offshore wind energy projects, as defined in 12 M.R.S. §682(19); offshore wind power projects, as defined in 38 M.R.S. §480-B(6A); and wind energy development in accordance with 35-A M.R.S., Chapter 34-A in areas identified in Appendix F herein;

(29) Other structures, uses, or services that are essential to the uses listed in Section 10.22,A,3,a through c; and

(30) Other structures, uses, or services which the Commission determines are consistent with the purposes of this subdistrict and of the Comprehensive Land Use Plan and are not detrimental to the resources or uses they protect, and are of similar type, scale and intensity as other allowed uses.

d.Special Exceptions

The following uses, and related accessory structures, may be allowed within the M-GN subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Section 10.24,B,1, and subject to the applicable requirements set forth in Sub-Chapter III:

(1) Home-based businesses: Major home-based businesses in the following plantations: Dallas Plantation, Rangeley Plantation, and Sandy River Plantation.

The following uses: and related accessory structures, may be allowed within M-GN subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Section 10.24,B,3, and subject to the applicable requirements set forth in Sub-Chapter III:

(2) Subdivisions: Maple sugar processing subdivisions;

The following uses, and related accessory structures, may be allowed within M-GN subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Section 10.24,B,1 through 4, and subject to the applicable requirements set forth in Sub-Chapter III:

(3) Recreational lodging facilities:

(a) Level C (occupancy may exceed the standard in Section 10.27,Q,1, Table A up to the Expanded Access occupancy limit, provided that the majority of occupancy is accommodated at campsites);

(b) Level C - Expanded Access (inside the geographic allowance area); and

(c) Level D - Expanded Access (inside the geographic allowance area);

(4) Agricultural activities:

(a) Large-scale agricultural processing facilities; and

(b) Large-scale agritourism.

e.Uses Regulated by the Maine Forest Service

Pursuant to Statute, the following uses are not regulated by the Commission within M-GN subdistricts but are regulated by the Maine Forest Service.

(1) Land management roads;

(2) Natural resource extraction: Gravel extraction less than 5 acres in size; and

(3) Timber harvesting.

f.Prohibited Uses

All uses not expressly allowed, with or without a permit or by special exception, must be prohibited in M-GN subdistricts.

B.HIGHLY PRODUCTIVE MANAGEMENT SUBDISTRICT (M-HP)

1.Purpose

The purpose of the M-HP subdistrict is to ensure the continued availability of products from high yield or high value forest and/or agricultural lands by reserving areas for these uses.

2.Description

Areas identified by the Commission, not including those in protection subdistricts or in existing patterns of development, that are identified as prime or unique forest or agricultural land of national, statewide or local importance. In selecting areas for designation in this subdistrict, the Commission must consider the following:

a. Prime or unique agricultural lands currently in use for food, fiber, feed, forage, and oil seed crops that are determined in accordance with rules and regulations hereinafter adopted by the Commission as amendments to these standards.

b. Prime or unique forest lands currently held for commercial production of forest trees that are determined in accordance with the rules and regulations hereinafter adopted by the Commission as amendments to these standards.

3.Land Uses

a.Uses Allowed Without a Permit

The following uses are allowed without a permit from the Commission within M-HP subdistricts:

(1) Emergency operations conducted for the public health, safety or general welfare, such as resource protection, law enforcement, and search and rescue operations;

(2) Forest management activities, except for timber harvesting⁵;

(4) Motorized vehicular traffic on roads and trails, and snowmobiling;

(6) Surveying and other resource analysis;

(7) Trails, provided they are constructed and maintained so as to reasonably avoid sedimentation of water bodies; and

(8) Wildlife and fishery management practices.

b.Uses Allowed Without a Permit Subject to Standards

The following uses are allowed without a permit from the Commission within M-HP subdistricts subject to the applicable requirements set forth in Sub-Chapter III:

(1) Agricultural activities: Agricultural management activities, including cranberry cultivation; the construction, alteration or maintenance of farm or livestock ponds which are not fed or drained by a flowing water; and the operation of machinery and the erection of buildings including buildings to store equipment and materials for maintaining roads and other structures used primarily for agricultural management activities;

(2) Constructed ponds: Creation, alteration or maintenance of constructed ponds, other than those described in Section 10.22,B,3,b,(1) above, less than 1 acre in size which are not fed or drained by flowing waters, in conformance with the vegetative buffer strip requirements of Section 10.27,C,2,a;

(3) Filling and grading;

(4) Forest management activities, except for timber harvesting⁶, involving the operation of machinery and the erection of buildings including buildings to store equipment and materials for maintaining roads and other structures used primarily for forest management activities;

(5) Mineral exploration activities: Level A and B mineral exploration activities, including associated access ways;

(6) Road projects: Level A road projects;

(7) Service drops; and

(8) Signs.

c.Uses Requiring a Permit

The following uses, and related accessory structures, may be allowed within M-HP subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:

(1) Campsites;

(2) Campsites, Residential;

(3) Constructed ponds: Creation, alteration or maintenance of constructed ponds, other than those in Section 10.22,B,3,b above, which are 1 acre or more in size, or such ponds less than 1 acre which are not in conformance with the vegetative buffer strip requirements of Section 10.27,C,2,a;

(4) Driveways;

(5) Home-based businesses;

(6) Metallic mineral mining activities: Tier one advanced exploration;

(7) Mineral exploration activities: Level A and B mineral exploration activities, including associated access ways, which are not in conformance with the standards of Section 10.27,C;

(8) Natural resource extraction: Mineral extraction operations for road purposes, except for gravel extraction for road purposes less than 5 acres in size;

(9) Residential: Single-family dwellings;

(10) Road projects: Level B road projects;

(11) Signs which are not in conformance with the standards of Section 10.27,J;

(12) Structures: Structures devoted to composting of sludge, septage or other residuals affecting an area less than 5 acres in size;

(13) Wind projects: Community-based offshore wind energy projects, as defined in 12 M.R.S. §682(19); offshore wind power projects, as defined in 38 M.R.S. §480-B(6A); and wind energy development in accordance with 35-A M.R.S., Chapter 34-A in areas identified in Appendix F herein;

(14) Other structures, uses, or services that are essential for the uses listed in Section 10.22,B,3,a through c; and

(15) Other structures, uses, or services which the Commission determines are consistent with the purposes of this subdistrict and of the Comprehensive Land Use Plan and are not detrimental to the resources or uses they protect, and are of similar type, scale and intensity as other allowed uses.

d.Special Exceptions

The following uses, and related accessory structures, may be allowed within M-HP subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in Sub-Chapter III:

(1) Draining or altering the water table or water level for other than mineral extraction;

(2) Filling and grading which is not in conformance with the standards of Section 10.27,F;

(3) Road projects: Level C road projects;

(4) Sawmills and chipping mills on sites of less than 2 acres;

(5) Utility facilities excluding service drops; and

(6) Water impoundments.

e.Uses Regulated by the Maine Forest Service

Pursuant to Statute, the following uses are not regulated by the Commission within M-HP subdistricts but are regulated by the Maine Forest Service.

(1) Land management roads;

(2) Natural resource extraction: Gravel extraction for road purposes less than 5 acres in size; and

(3) Timber harvesting.

f.Prohibited Uses

All uses not expressly allowed, with or without a permit or by special exception, must be prohibited in M-HP subdistricts.

C.NATURAL CHARACTER MANAGEMENT SUBDISTRICT (M-NC)

1.Purpose

The purpose of the M-NC subdistrict is to maintain some of the areas that characterize the natural outdoor flavor and spirit of certain large undeveloped areas of the jurisdiction and to permit only forestry and agricultural practices and primitive recreation. Unrelated development that might interfere with these activities and natural values will not be permitted.

2.Description

Areas which the Commission determines:

a. are appropriate for forest management activities;

b. must comprise certain few large areas which are remote and have a natural and wild character; the area is significant because of a variety and concentration of important features which in the aggregate include significant topographic features and distinctive recreation resources characteristic of the "Maine Woods" in their totality; such resources include, but are not limited to, hiking trails, canoe streams, and scenic overviews; such features include, but are not limited to, lakes, remote ponds, mountains and valleys;

c. comprise at least 10,000 contiguous acres of land and water area; and

d. support only those land use activities which do not appreciably detract from the natural character of the area.

Any proposal for inclusion of an area within an M-NC subdistrict, unless it is made by the owner or owners of such area, must be considered by the Commission only when a written statement has been made stating how such area meets the criteria stated above. Such statements must be available to the public at the time of publication of notice for the public hearing at which such proposal must be heard.

The M-NC subdistrict may surround different protection, management, and development subdistricts. In delineating boundaries for the M-NC subdistrict, the Commission may consider property ownership or township boundaries, ridge lines, shorelines, watershed boundaries, roadways, or other rights of way or other appropriate natural or man-made features.

3.Land Uses

a.Uses Allowed Without a Permit

The following uses are allowed without a permit from the Commission within M-NC subdistricts:

(1) Emergency operations conducted for the public health, safety or general welfare, such as resource protection, law enforcement, and search and rescue operations;

(2) Forest management activities, except for timber harvesting⁷;

(4) Motorized vehicular traffic on roads and trails, and snowmobiling;

(6) Surveying and other resource analysis;

(7) Trails, provided they are constructed and maintained so as to reasonably avoid sedimentation of water bodies; and

(8) Wildlife and fishery management practices.

b.Uses Allowed Without a Permit Subject to Standards

The following uses are allowed without a permit from the Commission within M-NC subdistricts subject to the applicable requirements set forth in Sub-Chapter III:

(2) Campsites;

(3) Constructed ponds: Creation, alteration or maintenance of constructed ponds, other than those described in Section 10.22,C,3,b,(1) above, less than 1 acre in size which are not fed or drained by flowing waters, in conformance with the vegetative buffer strip requirements of Section 10.27,C,2,a;

(4) Filling and grading;

(5) Forest management activities, except for timber harvesting⁸, involving the operation of machinery and the erection of buildings including buildings to store equipment and materials for maintaining roads and other structures used primarily for forest management activities;

(6) Mineral exploration activities: Level A and B mineral exploration activities, including associated access ways;

(7) Road projects: Level A and B road projects;

(8) Service drops; and

(9) Signs.

c.Uses Requiring a Permit

The following uses, and related accessory structures, may be allowed within M-NC subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:

(1) Constructed ponds: Creation, alteration or maintenance of constructed ponds, other than those in Section 10.22,C,3,b above, which are 1 acre or more in size, or such ponds less than 1 acre which are not in conformance with the vegetative buffer strip requirements of Section 10.27,C,2,a;

(2) Driveways;

(3) Metallic mineral mining activities: Tier one advanced exploration;

(4) Mineral exploration activities: Level A and B mineral exploration activities, including associated access ways, which are not in conformance with the standards of Section 10.27,C;

(5) Natural resource extraction: Mineral extraction operations affecting an area 5 acres or greater in size, for road purposes;

(6) Recreational lodging facilities: Level A

(7) Remote Camps;

(8) Structures: Structures devoted to composting of sludge, septage or other residuals affecting an area less than 5 acres in size;

(9) Wind projects: Community-based offshore wind energy projects, as defined in 12 M.R.S. §682(19); offshore wind power projects, as defined in 38 M.R.S. §480-B(6A); and wind energy development in accordance with 35-A M.R.S., Chapter 34-A in areas identified in Appendix F herein;

(10) Other structures, uses, or services that are essential for the uses listed in Section 10.22,B,3,a through c; and

(11) Other structures, uses, or services which the Commission determines are consistent with the purposes of this subdistrict and of the Comprehensive Land Use Plan and are not detrimental to the resources or uses they protect, and are of similar type, scale and intensity as other allowed uses.

d.Special Exceptions

The following uses, and related accessory structures, may be allowed within M-NC subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in Sub-Chapter III:

(1) Road projects: Level C road projects;

(2) Signs which are not in conformance with the standards of Section 10.27,J; and

(3) Utility facilities.

e.Uses Regulated by the Maine Forest Service

Pursuant to Statute, the following uses are not regulated by the Commission within M-NC subdistricts but are regulated by the Maine Forest Service.

(1) Land management roads;

(2) Natural resource extraction: Gravel extraction for road purposes less than 5 acres in size; and

(3) Timber harvesting.

f.Prohibited Uses

All uses not expressly allowed, with or without a permit or by special exception, must be prohibited in M-NC subdistricts.

³ explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."

⁴ explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."

⁵ explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."

⁶ explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."

⁷ explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."

⁸ explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."

01-672 C.M.R. ch. 10, § II-22