Land Use Regulation Commission
Comprehensive Land Use Plan
Comprehensive Land Use Plan (FAQs)
Why is the Comprehensive Plan being revised?
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Good planning requires up-to-date information on trends and land uses. Land uses in the unorganized areas have changed over time. When the Commission was first created, the principal land uses were timber harvesting to supply paper mills and seasonal camps. Today, land uses include grid scale wind power, large-scale recreational developments, commercial water extraction, large four-season camps, and more. In order to plan effectively, the Commission needs a Plan that accurately reflects present conditions and challenges.
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How can the public, including landowners and people living in the areas that LURC serves, participate in the Comprehensive Plan revision?
View answer The public can learn more about the Comprehensive Plan revision on the Commission’s website (http://www.maine.gov/doc/lurc/ ) or by attending Public Hearings scheduled for September 28 in Augusta, September 29 in Bangor and September 30 in Presque Isle. The Commissioners will be attending the hearings. Comments on the Public Hearing Draft can be submitted at Public Hearings or in writing. Close answer
How does adoption of the final Plan change things?
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The Plan establishes general policy for the agency. Its adoption by the Commission does not, by itself, change LURC rules and zoning. Close answer
Will LURC regulations immediately change with its adoption?
View answer Following Plan adoption, staff will explore options for addressing identified issues and then make specific recommendations to the Commission. Any proposed changes to LURC zoning and regulations must go through a formal rulemaking process which includes significant opportunity for public comment. New and revised rules must also be approved by the Legislature. Close answer
Has the Plan changed much since I commented last year?
View answer Yes. The commission received many excellent comments during the public workshop phase, which in turn led to many changes. The commissioners directed that many of the sections be substantially rewritten, including bringing back a lot of the language from the 1997 Plan, different maps, clarified language to correct any misimpressions, and corrections to data where appropriate. It is important that people who want to comment look again at the sections of the plan they had concerns about to see if this draft reflects their suggested changes. Close answer
What are some of the main points in the plan?
- View answer The proposed Comprehensive Plan identifies trends that have taken place in the region over the past three decades and identifies a future vision for the area – a future where working forests, strong rural communities, and abundant natural and recreational resources are thriving.
- The Comprehensive Plan recognizes the value of allowing many different types of activities in the area. It promotes forestry, agriculture, recreation and conservation in the large undeveloped areas, and supports development in appropriate areas.
- The draft Plan recognizes the importance of forestry and agriculture -- and for the coastal areas, commercial fishing -- to the local economy and the economy of the state.
- The draft Plan recognizes the value of diverse recreational opportunities in the jurisdiction – both motorized and non-motorized. Some areas require protection because there are sensitive natural habitats, but overall, recreation uses are at the discretion of the landowner
- The draft Plan identifies the goal of guiding residential development toward areas that are best equipped to handle it – where services can be provided at a reasonable cost, and where the development won’t fragment working forests and undeveloped areas.
- The draft Plan identifies recreational trails as very important to the area and proposes that LURC will work with state agencies, landowners, recreation groups, and other interested parties when addressing future issues about recreational trails.
- The draft Plan encourages cooperative work with landowners.
- The draft Plan does not recommend any changes to state law about creating lots, including as gifts to family members.
- The Commission respects the rights of landowners.
- The Commission recognizes the value of economic development, and wants to encourage it in appropriate locations. In fact, the Commission believes that economic opportunity is maximized if careful thought is given to the location of different types of land uses. Close answer
Does the draft Plan propose specific changes to the existing process of creating minor land divisions, such as gifts to relatives and the 2-in-5 lot exemption?
View answer No. Maine law (12 MRSA §682-B) governs the circumstances under which land can be divided and sold and these provisions can only be changed by the Legislature. The draft Plan suggests that the effects of these land divisions be considered when exploring the issue of the location of future development. Close answer
Does the draft Plan propose to ban motorized recreation?
View answer No. The draft Plan does not propose a ban on motorized recreation. It does discuss the changing nature of trails today and the potential for conflicts between different forms of recreation. Recreational use is generally up to private landowners, not the Commission, and the Commission only gets involved when a recreational facility needs a permit or a trail will go through a sensitive natural area. Close answer
Does the draft Plan propose to change public access?
View answer No. Access to privately owned land is governed by landowner preference and Maine law. The Commission has the authority to zone and regulate land use, but it does not have the authority to grant or restrict public access to private property. Maine law grants the public certain rights of access, such as access to Great Ponds. Beyond that, it is the landowners’ decision whether to allow public access over their lands. Close answer
Does the draft Plan propose to impose significant new restrictions on forest management?
View answer No. In fact, the draft recognizes forest management as a key factor in maintaining the essential character of the unorganized territories. Maine law (12 MRSA §685-A(5)) prohibits LURC from limiting or restricting forest management activities in Management zones, which cover approximately 80% of the area. Current LURC rules include standards for forest management in and around sensitive natural and recreational resources, such as riparian areas. The draft Plan does not propose specific changes to these standards, but does recommend reviewing riparian standards to ensure water quality is adequately protected. Close answer
Why does the Plan discuss changes in timberland ownership? What relevance does land ownership have to LURC’s planning responsibilities?
View answer As a planning agency, LURC must anticipate and prepare for changes in land use. This planning helps the agency keep its zoning and rules up to date and relevant. Landowner objectives and ownership patterns influence land use, so monitoring ownership trends is an important part of planning for land use changes. Ownership patterns have changed significantly in recent decades, including a rise in timberland ownership by investor groups and conservation groups. While it remains to be seen whether ownership changes will lead to significant changes in land use, it is important that LURC track them as part of its planning process. Close answer
Is the number of permitted new dwellings significant since they occur over 10.4 million acres
View answer The Commission feels the amount of development over the last several decades is not a problem. What the Commission would like to raise as an issue for further discussion is the location of development. The area that LURC serves has experienced steady growth of new dwellings since the 1970s and some of this growth is spread across many townships at low densities. This pattern of development could affect the working forest, recreational uses, and natural resources. It could also have fiscal implications as demand for services increases in parts of the state that are least equipped to provide them. Close answer
Isn’t review of building permits sufficient to limit the impact of residential development?
View answer Building permit review ensures that the zoning and site conditions on a lot are suitable for an individual dwelling. It does not address the cumulative impact of individual dwellings on the surrounding area or their need for tax-funded services. Close answer
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