Land Use Planning

Comprehensive Plan Review Criteria Rule (Annotated)

7 EXECUTIVE DEPARTMENT

105 STATE PLANNING OFFICE

Chapter 208: COMPREHENSIVE PLAN REVIEW CRITERIA RULE

SUMMARY: This chapter establishes the criteria the State Planning Office uses to review community comprehensive plans for consistency with the goals and guidelines of the Growth Management Act (30-A MRSA §4312 et seq.). The Office uses this Chapter to review and comment on proposed comprehensive plans under §4347(1) of the Act, and to review the plan component of local growth management programs for which certification has been requested under §4347-A(2).

SECTION 1. General Provisions and procedures

1. Purpose

The primary purpose of this Chapter is to establish the process and criteria the State Planning Office uses to review community comprehensive plans for consistency with the goals and guidelines of the Growth Management Act (30-A MRSA §4312 et seq.). 30-A MRSA §4312 can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp.
close If a community requests certification of its growth management program Certification of a growth management program includes Office review of a municipality's land use ordinances, in addition to the comprehensive plan, in accordance with 30-A MRSA §4347(2). Contact the Office at 800-662-4545 with any questions.
close under 30-A MRSA §4347(2), the Office also uses this Chapter to review the comprehensive plan component of that program. This Chapter sets forth a two-part process for the Office's consistency review: 1) a completeness determination for all required elements of a comprehensive plan; and 2) a more in-depth review of the Future Land Use Plan.

The criteria of this Chapter are based on the Act's goals, substantive guidelines, and procedures. They are not intended to prohibit or discourage a community from developing a plan, ordinance, or program that is more specific or detailed, or that covers more subject areas than called for by required elements.

2. Definitions

The following terms, as used in the Act and this Chapter, have the following meanings unless the context indicates otherwise:

A. Act: "Act" means the Growth Management Act (30-A MRSA §4312 et seq.), alternately referred to in this rule as the Growth Management Act.

B. Amendment: "Amendment" means a change to a comprehensive plan that is adopted subsequent to an Office finding that the plan is consistent with the Growth Management Act. Contact the State Planning Office if there are questions regarding amendment review.
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C. Applicable regional council: "Applicable regional council" means the council of governments, established under 30-A MRSA §2311-2316, or regional planning commission, established under 30-A MRSA §2321-2326, that is the authorized review agency for the regional planning and development district or subdistrict, designated under 30-A MRSA §2341-2342, within which the community submitting a comprehensive plan or zoning ordinance is located. See a map showing coverage areas for every regional council in the state at: http://www.maine.gov/spo/landuse/techassist/regcouncil.php#map.
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D. Arterial: “Arterial” means a highway providing long-distance connections as approved by the Federal Highway Administration For the Federal Highway Administration information, see: http://www.fhwa.dot.gov/hep/23cfr470.htm#Sec.%20470.105
close pursuant to 23 Code of Federal Regulation, Section 470.105(b)(1999) and as so designated by MaineDOT pursuant to the Maine Highway Driveway and Entrance regulations, 17-229 CMR 299. For the MaineDOT information, see: http://www.maine.gov/sos/cec/rules/17/229/229c299.doc
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E. Business day: “Business Day” means Monday through Friday, excluding federal and state holidays.

F. Capital Improvement Program: “Capital Improvement Program” (CIP) means a detailed schedule for capital improvements, estimates of total cost of each improvement, financing sources, scheduling of construction starts or equipment life spans, and projected annual expenditures. The CIP implements the Capital Investment Plan that is prepared as part of the comprehensive plan.

G. Capital Investment: “Capital Investment” means expending municipal funds to purchase assets such as land, machinery, or buildings. For the purposes of this Chapter, capital investments at a minimum include expenditures of more than $10,000 that are used to purchase assets that serve a useful life of at least five (5) years.

H. Capital Investment Plan: “Capital Investment Plan” (CInP) means a summary list of municipal capital investments anticipated during the planning period in order to implement the strategies in the comprehensive plan. Components would include needed investments, sources of funding, and time frame. Link to a couple of examples (Lincolnville and Blue Hill).
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I. Commercial development: “Commercial development” means for-profit business operations that provide goods, services, or commodities. For the purposes of this Chapter, home occupations are not considered commercial development.

J. Community: “Community” means any municipality or multi-municipal region.

K. Comprehensive plan: "Comprehensive plan" or “plan” means a document or interrelated documents developed by a community in accordance with the procedural provisions of 30-A MRSA §4324, and the substantive requirements of 30-A MRSA §4326.

L. Critical natural resource: “Critical natural resources” means those areas in the community comprised of one or more of the following:

(1) Shoreland zone; Link to definition of shoreland zone in rule. 38 MRSA §435 can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp.
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(2) Large habitat blocks; Link to definition of large habitat blocks.
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(3) Multi-function wetlands; Link to definition of multi-function wetlands.
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(4) Essential Wildlife Habitats and Threatened, Endangered, and Special Concern Species occurrences as depicted on maps See the Department of Inland Fisheries and Wildlife mapping page
close prepared by the Department of Inland Fisheries and Wildlife Contact the Department at 800-287-8000 with any questions.
close pursuant to the Maine Endangered Species Act;

(5) Significant wildlife habitat as defined in 38 MRSA §480-B(10); 38 MRSA §480-B(10) can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp
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(6) Significant freshwater fisheries habitat;

(7) Rare and exemplary natural communities, and rare plant occurrences as determined by the State’s Natural Areas Program Link to MNAP: http://www.mainenaturalareas.org/
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(8) Coastal sand dune systems as defined in the Natural Resources Protection Act (38 MRSA §480-B(1); 38 MRSA §480-B(1) can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp. For more information on NRPA, see: http://www.maine.gov/dep/blwq/docstand/nrpapage.htm
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(9) Beginning with Habitat For more information on the Beginning with Habitat program, see: http://www.beginningwithhabitat.org/
close Focus Areas of Ecological Significance Statewide map of focus areas
close identified by the Beginning with Habitat Program of the Maine Department of Inland Fisheries and Wildlife;

(10) Fragile mountain areas as defined in 38 MRSA §480-B(3); These include areas above 2700 foot-elevation. 38 MRSA §480-B(3) can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp
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(11) Coastal bluffs and coastal landslide hazards as depicted on maps Maine Geological Survey website and maps: Online Coastal Bluffs Maps and Digital Data for Coastal Landslide Hazards Maps
close prepared by the Maine Geological Survey; See MGS web site: http://www.maine.gov/doc/nrimc/mgs/pubs/index.htm
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(12) Flood plains as depicted on Federal Emergency Management Agency flood hazard identification maps How to get these maps
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(13) Areas designated as a National Natural Landmark Link: http://www.nature.nps.gov/nnl/
close pursuant to the National Park Service’s National Natural Landmark Program (36 Code of Federal Regulation, Section 62).

M. Critical Resource Area: “Critical Resource Area” means those areas in a community most vulnerable to impacts from development and must include:

(1) Critical rural areas;

(2) Critical natural resources; and

(3) Critical waterfront areas.

N. Critical rural area: "Critical rural area" means a rural area that is specifically identified and designated by a community's comprehensive plan as deserving maximum protection from development to preserve natural resources and related economic activities that may include, but are not limited to, significant farmland, forest land or mineral resources; high-value wildlife or fisheries habitat; scenic areas; public water supplies; scarce or especially vulnerable natural resources; and open lands functionally necessary to support a vibrant rural economy. This definition comes from the Act: 30-A MRSA §4301-4(A)
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O. Critical waterfront area: "Critical waterfront area" means a shorefront area characterized by functionally water-dependent uses, as defined in MRSA 38 §436-A(6) 38 MRSA §436-A(6) can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp
close, and specifically identified and designated by a community's comprehensive plan as deserving maximum protection from incompatible development.

P. Floor area: “Floor area” means the total area covered by all floors in a building, typically measured in square feet or acres.

Q. Growth area: "Growth area" means an area that is designated in a community's comprehensive plan as suitable for orderly residential, commercial, or industrial development, or any combinations of those types of development and related infrastructure, and into which most development projected over 10 years is directed.

R. Growth management program: ''Growth management program" means a set of interrelated documents that comprise a comprehensive plan and implementation program, including zoning ordinances, as described in 30-A MRSA §4326. 30-A MRSA §4326 can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp
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S. Industrial development: “Industrial development” means business operations that manufacture, process, or store goods or commodities. For the purposes of this Chapter, home occupations are not considered industrial development.

T. Institutional development: “Institutional development” means establishments such as governmental facilities, colleges, vocational schools, hospitals, or health care facilities.

U. Large habitat blocks: “Large habitat blocks” means contiguous, undeveloped areas of 150 acres or more.

V. Managed forest lands: “managed forest lands” means lands managed for any of the following purposes: timber stand improvement, timber or other forest products harvesting, regeneration of forest stands, habitat management, aesthetics, recreation, or water quality protection.

W. Marine transportation facilities: “Marine transportation facilities” means public and private facilities used for cargo and/or passenger transport that rely on water access, including infrastructure and support facilities such as buildings, piers, docks, parking, and storage.

X. Minimal commercial/institutional development: “Minimal commercial development” means that there has been less than a ten (10) percent increase in the floor area devoted to commercial and institutional development in the community over the previous ten (10) years.

Y. Minimal industrial development: “Minimal industrial development” means that there has been less than a ten (10) percent increase in the floor area devoted to industrial development in the community over previous ten (10) years.

Z. Minimal residential development: “Minimal residential development” means that residential development in the community is characterized by:

(1) Less than five (5) percent population growth over the previous ten (10) years; and

(2) Less than fifty (50) units of residential housing, including apartment, condominium, and seasonal units, constructed over previous ten (10) years.

AA. Mobility corridor: “Mobility corridor” means an arterial that is a designated “mobility corridor” pursuant to the Maine Highway Driveway and Entrance regulations, 17-229 CMR 299. For Maine Highway Driveway and Entrance, see: http://www.maine.gov/sos/cec/rules/17/229/229c299.doc
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BB. Multi-function wetlands: “Multi-function wetlands” means those wetlands found to provide three of more wetland functions as depicted on the Wetlands Characterization Maps developed by the Office. Contact the State Planning Office at 800-662-4545 with any questions.
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CC. Municipal growth-related capital investment: “Municipal growth-related capital investment” means investment by the municipality in the following projects, even if privately-owned, using municipal, county, state, federal, or other public funds, in the form of a purchase, lease, grant, loan, loan guarantee, credit, tax credit, or other financial assistance: Municipal infrastructure typically includes transportation, sewer, reservoir, potable water supply systems, police stations and local jails, and other infrastructural capital - the built environment - under the jurisdiction of a municipal government or other local government.
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(1) Construction of new transportation infrastructure Transportation infrastructure may include anything from roads and bridges to municipal/private transit systems to traffic lights.
close or capacity;

(2) Construction or acquisition of newly constructed multifamily rental or affordable housing;

(3) Development of industrial or business parks;

(4) Construction or extension of sewer, water, or other utility lines;

(5) Construction of public, quasi-public, or private service infrastructure, facilities, and community buildings; or

(6) Construction or expansion of municipal office buildings, municipal educational facilities, municipal courts, and other quasi-public facilities and other civic buildings that serve public clients and customers.

Municipal growth-related capital investment does not include investment in the following: the operation or maintenance of a governmental or quasi-governmental facility or program; the renovation of a governmental facility that does not significantly expand the facility’s capacity; maintenance of existing transportation infrastructure without significantly expanding capacity; municipal revenue sharing; capital projects that by their purpose are likely to be outside a growth area (such as recreational trails, drinking water holding or purification systems, public works facilities, landfills, etc.); or public health programs.

DD. Municipal officers. "Municipal officers" means the selectmen or councilors of a town, or the mayor and aldermen or councilors of a city.

EE. Non-point sources of pollution. “Nonpoint sources of pollution” means facilities, activities, or any circumstance that cause rainfall, snowmelt, or irrigation water, running over land or through the ground, to pick up pollutants and to deposit them into rivers, lakes, coastal waters, or ground water. For general information regarding non-point source pollution, including various ways to prevent non-point source pollution, see the Maine DEP web site: http://www.maine.gov/dep/blwq/doceducation/nps/index.htm. For information regarding additional practices at the local level, see the “Low Impact Development” publication
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FF. Office: "Office" means the State Planning Office.

GG. Planning committee: "Planning committee" means the committee established by the municipal officers of a municipality, or combination of municipalities, in accord with 30-A MRSA §4324(2) 30-A MRSA §4324(2) can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp
close, which has general responsibility for the comprehensive plan.

HH. Planning period: “Planning period” means a minimum of ten (10) years. Generally, 10 years is an accepted horizon for comprehensive planning. Also, certain data (such as the US Census) are updated every 10 years.
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II. Regional council: "Regional council" means the council of governments, established under 30-A MRSA §2311-2316, or regional planning commission, established under 30-A MRSA §2321-2326, that is the authorized review agency for the regional planning and development district or subdistrict, designated under 30-A MRSA §2341-2342. For a map showing coverage areas for every regional council in the state, see: http://www.maine.gov/spo/landuse/techassist/regcouncil.php#map
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JJ. Rural area. "Rural area" means a geographic area that is identified and designated in a community's comprehensive plan as an area that is deserving of some level of regulatory protection from unrestricted development for purposes that may include, but are not limited to, supporting agriculture, forestry, mining, open space, wildlife habitat, fisheries habitat, and scenic lands, and away from which most development projected over 10 years is diverted.

KK. Shoreland zone: “Shoreland zone” means the same as “Shoreland Area” in the Mandatory Shoreland Zoning Act (38 MRSA §435 et seq.). 38 MRSA §435 can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp
Also see DEP link:http://www.maine.gov/dep/blwq/docstand/szpage.htm for information regarding the Mandatory Shoreland Zoning program
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LL. Significant freshwater fisheries habitat: “Significant freshwater fisheries habitat” means any freshwater river, stream, brook, lake, or pond that is identified as:

(1) a brook trout stream as depicted on maps developed by the Maine Department of Inland Fisheries and Wildlife For more information about the Maine Department of Inland Fisheries and Wildlife, see: http://www.maine.gov/ifw/
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(2) diadramous fisheries habitat as depicted on maps developed by the Maine Department of Inland Fisheries and Wildlife Beginning with Habitat program.

MM. State Transportation System: “State transportation system” means:

(1) Maine Department of Transportation For more information, see: http://www.maine.gov/mdot/index.php
close and Maine Turnpike Authority For more information, see: at www.maineturnpike.com
close administered or supervised state or state aid highways along with associated sidewalks, paths, trails, and/or bridges;

(2) Maine Department of Transportation administered or supervised marine highways, airports, and rail lines along with associated sidewalks, paths, trails, and/or bridges; and

(3) Any associated facilities essential to the safe and efficient operation of those state transportation systems, including but not limited to highway maintenance facilities, transit/rail stations, toll plazas, ferry terminals, cargo ports, intermodal transportation centers, weigh stations, rest areas, visitor information centers, service plazas, and park-and-ride lots, as well as parking lots and other infrastructure serving those facilities.

NN. Stream: “Stream” means the same as “Stream” in the Mandatory Shoreland Zoning Act (38 MRSA §435 et seq.) 38 MRSA §435 can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp
Also see DEP link: http://www.maine.gov/dep/blwq/docstand/szpage.htm for information regarding the Mandatory Shoreland Zoning program
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OO. Strip development: “Strip development” means a pattern of development, usually commercial in nature, in which individual establishments have direct access to a single arterial or main thoroughfare. Strip developments are generally not in downtown areas and often lack pedestrian facilities, but are characterized by automobile-focused access with multiple curb cuts in relatively short distances.

PP. Transit services: “Transit services” means public or private operations that provide transportation to the public, such as rail and bus operations.

QQ. Transitional area: "Transitional area" means an area that is designated in a community’s comprehensive plan as suitable for a share of projected residential, commercial, or industrial development but that is neither intended to accept the amount or density of development appropriate for a growth area nor intended to provide the level of protection for rural resources afforded in a rural area or critical rural area.

RR. Wetlands: "Wetlands" means any coastal wetlands or freshwater wetlands as defined below: Wetlands in Maine may be regulated under the state Natural Resources Protection Act
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(1) Coastal wetlands include any of the following:

a. all tidal and sub-tidal lands, including all areas below any identifiable debris line left by tidal action;

b. all lands containing vegetation that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and

c. any swamp, marsh, bog, beach, flat, or other contiguous low land that is subject to tidal action during the maximum spring tide level identified in tide tables published by National Ocean Services.

(2) Freshwater wetlands include freshwater swamps, marshes, bogs, and similar areas (other than areas considered part of a great pond, coastal wetland, river, stream, or brook) that are inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the above defining criteria.

SS. Zoning ordinance: "Zoning ordinance" means a municipal land use ordinance that:

(1) Divides a community into zoning districts and prescribes the reasonable application of different regulations in each district to encourage orderly growth and development and implement a community's designation of growth, rural, and critical resource areas in its comprehensive plan; and

(2) Has been developed by the community in accordance with the procedural provisions and the substantive requirements of 30-A MRSA §§4324, 4326, and 4352. 30-A MRSA §4324, 4326, and 4352 can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp
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3. Transition from Chapter 202 If there are questions regarding these options, please contact the Office at 800-662-4545 or email Phil Carey at SPO.
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This Chapter replaces Chapter 202, which is repealed as of the effective date of this Chapter.

A. Communities that have submitted plans or amendments to plans to the Office for review prior to the effective date of this Chapter but have not yet received a Finding of Consistency have two options:

(1) Resubmit the plan for review under the provisions set forth in this Chapter. Resubmission resets the comment and findings deadlines set forth in 30-A MRSA §4347-A(3); or

(2) Continue to be reviewed under the review standards of Chapter 202 (which are incorporated by reference for this specific purpose only) until found consistent, provided consistency is determined within 24 months after the initial finding letter is issued pursuant to 30-A MRSA §4347-A(3).

B. Plans or amendments to plans submitted to the Office for review after the effective date of this Chapter must comply with the requirements of this Chapter, except that if a community submits a plan or amendments to a plan developed by a planning committee that was formed and held its first meeting prior to the effective date of this Chapter, the community has the option of having the Office review the plan or amendments under the review standards of Chapter 202 (which are incorporated by reference for this specific purpose only) or this Chapter, provided that the plan is submitted for review prior to September 20, 2008.

4. Submission Requirements

Plans submitted to the Office for review under this Chapter must be submitted in a manner and on forms The forms are available from the Office. Link to self-assessment checklist and submittal forms. Contact the Office at 800-662-4545 with any questions.
close prescribed by the Office. The submission must include all of the applicable required elements in Section 2.

5. Review Process

A. Notification of Completeness

Upon receipt of a comprehensive plan for review for consistency with the Act, the Office will solicit comments on the plan in accordance with Section 1.5(C). The Office will review the submittal and Self-Assessment Checklist One of the goals of the self assessment checklist is to enable communities to identify the items that the Office will look for in its review for completeness.
close for completeness; consider any comments received pursuant to Section 1.5(C); and, within thirty-five (35) business days of receipt, either issue a Notification of Completeness or notify the community in writing if there are any missing elements. The Office will issue a Notification of Completeness and begin its focused review of the Future Land Use Plan if:

(1) The plan is submitted in a manner and on forms as prescribed by the Office;

(2) A completed Self-Assessment Checklist is included;

(3) The plan includes a vision statement that summarizes the community’s desired future community character;

(4) Public participation has occurred in accordance with the 30-A MRSA §4324;

(5) A regional coordination program is included in accordance with Section 2.3;

(6) The minimum required analyses, condition and trend data, policies, and strategies from Section 4 are included in the plan;

(7) The Plan includes a Future Land Use Plan with associated maps and narrative;

(8) An implementation section is included; and,

(9) The plan provides for future periodic evaluation of the plan and its implementation.

A Notification of Completeness means that portions of the plan other than the Future Land Use Plan have been accepted by the Office as consistent with the Act.

If missing elements are identified during the completeness review, the Office will notify the community in writing of the missing elements. If a community submits additional information to the Office in response to a notification of missing elements within ninety (90) business days, the Office will review the additional information and, within ten (10) business days of receipt, notify the community in writing if the missing elements have been adequately addressed. If the missing elements have been adequately addressed, the Office will issue a Notification of Completeness.

A new completeness review process begins if a community submits additional information to the Office in response to a notification of missing elements more than ninety (90) business days from that notification.

B. Review of Future Land Use Plan

Following the issuance of a Notification of Completeness, the Office will review a community’s Future Land Use Plan under Section 3 of this Chapter, taking into account any comments received pursuant to Section 1.5(C).

C. Comment Solicitation

Pursuant to 30-A MRSA §4347-A(3), 30-A MRSA §4347 can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp.
close upon receipt of a comprehensive plan for review, the Office shall solicit written comments from applicable regional councils, state agencies, all municipalities contiguous to the community submitting a comprehensive plan, and any interested residents of the community or of contiguous municipalities. Comments must be received within twenty-five (25) business days of the Office’s notice of plan submittal. The Office shall consolidate all written comments from all sources and forward them to the community and any applicable regional council.

(1) State Agency Comments

State agencies may comment on a submitted comprehensive plan. If they do so, comments must:

a. Identify the comprehensive plan being commented on.

b. Identify the state agency and the name and contact information of its designated review coordinator.

c. List any missing elements identified during the agency’s review.

d. Conclude whether the comprehensive plan demonstrates the appropriate use of data provided by the agency, how the plan's policies, implementation strategies, and other provisions relate to the agency's objectives and directives, whether the plan supports the agency's programs and policies in carrying out the goals of the Act, and, if necessary, what goal of the Act is not adequately addressed.

e. Suggest what additional measures, if any, the community might take to improve the quality or effectiveness of its comprehensive plan.

(2) Regional Council Comments

Regional councils may comment on a submitted comprehensive plan. If they do so, comments must:

a. Identify the proposed comprehensive plan being commented on.

b. Identify the regional council and the name and contact information of its principal reviewer.

c. List any missing elements identified during the council’s review.

d. Evaluate whether the comprehensive plan addresses identified regional needs and policies, supports existing, adopted regional plans, and whether the plan supports the adopted or proposed comprehensive plans of contiguous municipalities.

e. Solicit and provide comments to the Office from contiguous municipalities.

f. Suggest what additional measures, if any, the community might take to improve the quality or effectiveness of its comprehensive plan.

6. Consistency Findings

A. Notification of Consistency Findings

Within ten (10) business days of issuing a Notification of Completeness, the Office will notify the community by certified mail, return receipt requested, whether its plan has been found consistent with the Growth Management Act. This deadline may be extended upon mutual agreement between the Office and the community.

B. Finding of Consistency

The Office shall issue a Finding of Consistency for the comprehensive plan if:

(1) A Notification of Completeness has been issued; and

(2) The Future Land Use Plan conforms to Section 3.

C. Finding of Inconsistency

The Office shall issue a Finding of Inconsistency if it finds that the comprehensive plan is not consistent with the Growth Management Act. A Finding of Inconsistency must identify:

(1) The goal(s) of the Growth Management Act that is (are) not adequately addressed;

(2) The specific section(s) of this Chapter that is not adequately addressed; and

(3) Recommended measure(s) needed for a Finding of Consistency.

Within twenty-four (24) months of a Finding of Inconsistency, a community may submit revisions to address the inconsistencies without a new review of the entire plan. After twenty-four (24) months, the plan must be resubmitted in its entirety for state review under this Chapter.

A community may appeal the Office’s Finding of Inconsistency to the Director of the Office pursuant to Section 1.7.

7. Appeal of a Finding of Inconsistency

A. Making an Appeal.

A community whose comprehensive plan is found inconsistent with the Growth Management Act may appeal that finding to the Director of the Office Martha Freeman, Director, State Planning Office, 184 State Street, 38 State House Station, Augusta ME 04333-0038
close, hereinafter referred to as the Director, as follows:

(1) Any appeal of a Finding of Inconsistency must be made by the municipal officers of the community and must be received no later than twenty (20) business days after such a finding is received.

(2) Such appeal must be made by filing with the Director a written notice of appeal specifying which portion or portions of the finding is being appealed, and on what grounds, in accordance with Section 1.7(B).

B. Grounds for Appeal

The grounds for an appeal are limited to and must specifically address one or more of the following:

(1) errors of fact made during the review;

(2) failure to apply and follow the process and criteria of this Chapter or the Act; or

(3) arbitrary or capricious decision.

C. Procedure on Appeal

The Director may delegate the appeal to another senior staff person outside of the Office’s Land Use Team who was not involved in the consistency review; hereinafter referred to as the Designee.

Upon being notified of an appeal, the Land Use Team Director shall transmit to the Director or Designee all of the papers constituting the record of the decision being appealed.

In considering an appeal, the Director or Designee shall:

(1) examine relevant portions of the comprehensive plan submission, the relevant requirements of the Act and this Chapter, and the Finding of Inconsistency by the Land Use Team;

(2) determine, on the basis of the entire record presented, whether the Land Use Team followed the required process and reasonably interpreted the facts to reach the conclusion(s) upon which the Finding of Inconsistency under appeal was based; and

(3) determine whether there are grounds for the appeal of the Finding of Inconsistency pursuant to Section 1.7(B).

D. Decisions of the Director and Appeals to Superior Court

(1) Remand

If the Director or Designee finds, based on the record presented, that there are ground(s) for appeal under Section 1.7(B), the Director or Designee shall remand with recommendation(s) all or a portion of the finding to Land Use Team Director for reconsideration. The decision of the Director or Designee to remand is not final agency action by the Office and is not appealable to Superior Court.

In the case of such a remand, the Land Use Team Director shall reconsider the original finding and issue a new finding based on the recommendation(s) of the Director or Designee within ten (10) business days. The Office will notify the community of the new consistency finding by certified mail, return receipt requested. The new consistency finding constitutes final agency action.

(2) Decision finding no grounds for appeal

If the Director or Designee finds no grounds for appeal, he/she will issue a notice of decision so stating. The Office will notify the community of the new consistency finding by certified mail, return receipt requested. The notice of decision finding no grounds for appeal constitutes final agency action.

(3) Notice of right to appeal to Superior Court

The Office’s new finding or the Director’s notice of decision finding no grounds for appeal must include an explanation of the community’s right to judicial review of final agency action under 5 MRSA §11001 et seq.

8. Duration of Consistency Findings

A Finding of Consistency under this Chapter A Finding of Consistency has three benefits to a town: 1. The comprehensive plan has been found to meet the goals of the Act and have a reasonable chance of being successful if implemented; 2. communities with such Findings are awarded points in certain State grant and loan programs; and 3. the Growth Management Act requires rate of growth, zoning, or impact fee ordinances to be consistent with a consistent comprehensive plan.
close is deemed valid for twelve (12) years from the date of issue. A Finding of Consistency issued under Chapter 202 is deemed valid until January 1, 2012 or twelve (12) years from the date of issue, whichever is later. An expired Finding of Consistency does not automatically make a plan inconsistent with the Act and this Chapter. If a Finding of Consistency expires, then the status of a community’s comprehensive plan is determined to be “unknown” until an updated plan is submitted for review.
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9. Review of Amendments to Approved Comprehensive Plans Contact the Office at 800-662-4545 or Phil Carey at SPO for more information if you have questions regarding the scope of the proposed amendments and to discuss the review process for amendments.
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If a community proposes or adopts amendments to a comprehensive plan that previously has been found consistent with the Act, the community may submit the amendment(s) for review to determine if the changes affect the consistency finding. The Office will review the submitted amendments under the process and criteria of this Chapter in the most expedient manner practicable commensurate with the scope of the amendments and issue a finding as outlined in Section 1.6.

Communities need not submit amendments that do not affect the substance of the plan, such as typographical or grammar corrections. Such nonsubstantive corrections do not affect the consistency status of a community’s comprehensive plan. If an amendment includes changes to a Future Land Use Plan, then the Office will review the amendment to ensure that the amendment meets the requirements for a Future Land Use Plan set forth in Section 3. If an amendment does not include changes to a Future Land Use Plan, then the Office will review the amendment to ensure that the plan contains the state goal, analyses, condition and trend data, policies, and strategies for each of the required topic areas in Section 4.

A Finding of Consistency for amendments does not reset the duration of the original plan consistency finding for the purposes of Section 1.8.

[NOTE: Substantive changes to policies or strategies proposed to be adopted as amendments to a consistent comprehensive plan, especially changes within the Future Land Use Plan section, may result in a judicial declaration invalidating a Finding of Consistency.]

SECTION 2. Required Elements

1. Vision Statement

The plan must include a vision statement A vision statement may be developed in a number of ways, but should reflect the overall community’s vision. See the “Visioning Handbook”, available from the Office and at this link: http://www.maine.gov/spo/landuse/docs/visioning/visioning.pdf for more guidance on the visioning process.
close that summarizes the community’s desired future community character in terms of economic development, natural and cultural resource conservation, transportation systems, land use patterns and its role in the region.

2. Public Participation Summary

The plan must include a summary of the public participation process used by the planning committee in developing the plan pursuant to 30-A MRSA §4324. The summary must indicate how information gathered during the public process was used to guide the plan’s vision statement, analyses, policies and strategies.

3. Regional Coordination Program

Pursuant to 30-A MRSA §4326(4), a regional coordination program must be pursued with other communities (or the Land Use Regulatory Commission (LURC) if the community abuts land under LURC jurisdiction) to manage shared resources and facilities, including but not limited to lakes, rivers, aquifers, and transportation facilities. The plan must identify any shared resources and facilities, describe any conflicts with neighboring communities’ policies and strategies pertaining to shared resources and facilities and describe what approaches the community will take to coordinate management of shared resources and facilities. In addition, the plan must include a summary of regional coordination efforts from all applicable topic areas.

4. Future Land Use Plan

The plan must include a Future Land Use Plan that meets the requirements set forth in Section 3. Link to Section 3 of the rule
close The Future Land Use Plan will be the focus of the Office’s in-depth review for consistency with the Act.

5. Topic Area Components

In order to be found consistent with the Growth Management Act, the plan must contain the state goal, analyses, condition and trend data, policies, and strategies for each of the required topic areas in Section 4. Link to Section 4 of the rule.
close These minimum requirements in no way limit a community from expanding its plan to include additional information, analyses, policies, and strategies.

A. State Goals

The plan must indicate the state goal or goals relevant to each topic area as identified in Section 4. Local goals may be added but are not required.

B. Analyses and Key Issues

The plan must identify the key issues facing the community using the series of questions for each of the topic areas in Section 4. See also the self-assessment checklist for required analyses.

Note that the self-assessment checklist includes a column “N/A” (not applicable) which can be checked if a particular item is not applicable in the community’s instance. If this column is marked, please provide the rationale for marking that column in the space provided or as an attachment. SPO recommends speaking with staff if the N/A column is marked: 800-662-4545. See also Rule language in Section 2.6.
close These questions get to the heart of the issues a community must plan for to address the state goals. A community must address each of these questions in its plan’s narrative, unless determined not to be applicable per Section 2.6.

C. Conditions and Trends

To provide a basis for the analyses of key issues, the plan must include sufficient data necessary to identify current conditions and future trends for each of the topic areas in Section 4. See also the self-assessment checklist for required conditions and trends data.

Note that the self-assessment checklist includes a column “N/A” (not applicable) which can be checked if a particular item is not applicable in the community’s instance. If this column is marked, please provide the rationale for marking that column in the space provided or as an attachment. SPO recommends speaking with staff if the N/A column is marked: 800-662-4545. See also Rule language in Section 2.6.
close Some of the data requirements will not be applicable in a given community and therefore will not be required in accordance with Section 2.6. Much of the data will be provided by state agencies. Some data are only available from local sources. All data should be verified locally, if possible.

Data provided by state agencies for each of the topic areas are compiled into state data sets provided by the Office upon request by a community, or regional council on behalf of a community. If a community or regional council has requested a state data set and not received it within eight months of the request, then those state data components and associated analyses are not required for a Finding of Consistency.

Data included in state data sets are considered the most current data available and will be considered current for consistency reviews for three (3) years. Communities taking longer than three years to prepare a plan should request a new state data set from the Office and update the plan accordingly prior to submitting it to the Office for a consistency review.

D. Policies

The minimum required policies for each topic area in Section 4 See also the self-assessment checklist for the required policies.
close must be incorporated into a plan for it to be found consistent with the Growth Management Act. The language may be altered to better suit a community, but the specific intent of the minimum policy must remain. Altered policies must reflect the desired future direction of the community as stated in the community’s vision statement.

E. Strategies

The strategies describe what actions the community will take to carry out its policies. The plan must include all of the minimum required strategies identified in Section 4 for each topic area. See also the self-assessment checklist for the required strategies.
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Alternative strategies may be substituted for those included in this Chapter provided a rationale for the alternative strategy is detailed in the Self-Assessment Checklist. If a community wishes to substitute alternative strategies, discussion with the Office is recommended. Including additional strategies is encouraged as necessary to meet individual community priorities.
close Alternative strategies will be considered by the Office to determine if they, in combination with the other strategies in the plan, address the goals of the Act.

6. Applicability

If a required element is determined by the community to not be applicable, an explanation for that determination must be provided on the Self-Assessment Checklist. Some items, such as the applicability of marine resources in inland communities, will require only a simple explanation or notation. Other items will require more detailed explanation. This provision is not intended to allow communities to circumvent the requirements for consistency with the Act. During its review of a comprehensive plan, the Office will make a final decision on the applicability of a required element by considering the following criteria:

A. Does the information provided in the plan support the community’s explanation of non-applicability?

B. Does the exclusion of the required element create a gap in the information needed to support the Future Land Use Plan?

[NOTE: It is strongly recommended that a community coordinate with the Office well in advance of submission for review to discuss the applicability of required elements.]

7. Plan Implementation

The plan must include a separate section that prioritizes how implementation strategies will be carried out pursuant to 30-A MRSA §4326(3). The plan must identify the responsible party and anticipated timeline for each strategy in the plan. See this sample implementation table
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8. Evaluation

The plan must include an outline describing how the community will periodically (at least every five years) evaluate the following:

A. The degree to which future land use plan strategies have been implemented;

B. Percent of municipal growth-related capital investments in growth areas;

C. Location and amount of new development in relation to community’s designated growth areas, rural areas, and critical resource areas

D. Amount of critical resource areas protected through acquisition, easements, or other measures.

If the community’s evaluation concludes that portions of the current plan and/or its implementation are not effective, the community is encouraged to propose changes as needed.

9. Self-Assessment Checklist

A plan submitted to the Office for review must include a completed Self-Assessment Checklist (see Appendix A) Link to checklist
close which confirms that each of the elements required by this Chapter are included in the plan.

10. Certification

A plan submitted for review under this Chapter must include the original signature(s) of the municipal officer(s) of the community under the following certification: Link to submittal form
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I (we) certify that this comprehensive plan was prepared with the intent of complying with the Planning and Land Use Regulation Act (30 MRSA §4312 et seq.), that it includes all of the applicable required elements of the Maine Comprehensive Plan Review Criteria Rule (07-105 CMR 208), and that it is true and accurate.

Section 3. Future Land Use Plan

1. State Goal

To encourage orderly growth and development in appropriate areas of each community, while protecting the state's rural character, making efficient use of public services, and preventing development sprawl.

2. Future Land Use Plan Overview

The plan must include a Future Land Use Plan that is consistent with the community’s vision and other policies in the plan. The Future Land Use Plan brings together plan elements that affect land use. It is intended to synthesize these elements into a cohesive guide to realizing the community’s vision, including the development of land use regulations/ordinances. Use the analysis of conditions and trends data in Section 4, in conjunction with the vision statement, to develop the community’s Future Land Use Plan.

The Future Land Use Plan divides the community into geographical areas identified as either most suitable for growth or most suitable for rural uses unless exempted under 30-A MRSA §4326(3-A) 30-A MRSA §4326(3-A) can be found by searching for it at http://janus.state.me.us/legis/statutes/search.asp
close, more fully described below . The Future Land Use Plan also identifies critical resource areas Critical resource areas are those areas that deserve maximum protection from development to preserve scarce or vulnerable natural resources or economic activities that rely on natural resources. Link to definition in Rule.
close within the community. The Future Land Use Plan will be the focus of the Office review for consistency To be considered “consistent with the Act,” the State Planning Office must determine that a comprehensive plan meets the statewide goals of the Planning and Land Use Regulation Act (the Growth Management Act). To do so, the Office reviews the plan to see that it contains the required elements of a Plan, and then performs an in-depth review of the Future Land Use Plan. Link to Section on completeness in rule and consistency.
close with the Act.

3. Review Criteria for Future Land Use Plan Designations

A. Growth Areas

A community’s Future Land Use Plan must identify a growth area or areas. The designation of growth areas is intended to ensure that planned growth and development and related infrastructure are directed to areas most suitable for such growth and development. Land areas designated as growth area must be consistent with the following provisions.

(1) The Future Land Use Plan must designate as growth area those lands into which the community intends to direct a minimum of 75% of its dollars for municipal growth-related capital investments See the definition of Future Land Use Plan. Municipal growth-related capital investments are spelled out in the capital investment plan. A capital investment plan includes planning for public water, public sewer, transportation, and other public facilities; see the definition of capital investment and the requirements for a capital investment plan. The capital investment plan also identifies facilities needed to accommodate projected growth, assigns them priorities, and identifies possible funding sources.
close made during the planning period.

(2) Built-out or developed areas that may not have capacity for further growth but require maintenance, replacement, or additional capital investment to support existing or infill development must also be designated as growth areas.

(3) Growth areas must be limited to land areas that are physically suitable for development or redevelopment. Growth areas may include land areas that are physically unsuitable for development or redevelopment, such as a river, stream, floodplain, small natural hazard area, small lake or aquifer, or small critical natural resource, if the plan addresses how these areas will be protected to the greatest extent practicable or as prescribed by law.

(4) Growth areas, to the greatest extent practicable, must be limited to an amount of land area and a configuration to encourage compact, efficient development patterns (including mixed uses) and discourage development sprawl and strip development.

(5) Growth areas along arterials and mobility corridors must be configured to avoid strip development Link to strip development definition
close and promote nodes or clusters of development.

B. Growth Area Exemptions

In some communities, conditions may make the identification of specific areas for residential, institutional, commercial, and/or industrial growth inappropriate. These conditions, as described in 30-A MRSA §4326(3-A) and Section 3.5 of this Chapter, include:

(1) Severe physical limitations;

(2) Minimal or no growth; or

(3) The lack of a village or densely populated area.

Communities with one or more of these conditions may develop a Future Land Use Plan that does not identify growth areas for residential, institutional, commercial, or industrial growth pursuant to the criteria identified in Section 3.5. If a growth area exemption is proposed, the plan’s description of existing trends and conditions must support the exemption request. If a community is proposing a growth area exemption, SPO strongly recommends discussing the issue first, before the comprehensive plan is submitted for review or for vote. Contact SPO at 800-662-4545
close Communities with town-wide growth caps or rate-of-growth ordinancesA municipality may enact rate of growth ordinances that set different limits on the number of building or development permits that are granted in designated rural areas and designated growth areas. 30-A MRSA §4360 Rate of growth ordinances, provides the specifics on how the rate is set. See http://janus.state.me.us/legis/statutes/30-a/title30-asec4360.html

The town of Raymond has a growth limitation ordinance which caps growth in the rural section of town but not in the village center. See: http://www.raymondmaine.org/government/ordinances/default.htm, click on "Growth Management Ordeinace" in the left hand column.
close are not eligible for a growth area exemption.

C. Shared Growth Areas

Pursuant to and in accordance with 30-A MRSA §4325, 30-A MRSA §4325 governs cooperative growth management efforts conducted by 2 or more municipalities. Any combination of municipalities may conduct joint planning and regulatory programs to meet the requirements of this subchapter upon adoption of a written comprehensive planning and enforcement agreement by the municipal legislative bodies involved.
close communities may enter into an interlocal agreement with one or more neighboring communities to designate regional growth areas for anticipated residential, institutional, commercial, or industrial growth and/or related services or infrastructure.

D. Transitional Areas

The Future Land Use Plan may designate as transitional area those land areas which the community identifies as suitable for a share of projected residential, institutional, commercial or industrial development but that is neither intended to accept the amount or density of development appropriate for a growth area nor intended to provide the level of protection for rural resources afforded in a rural area or critical rural area. Designated transitional areas are intended to provide for limited suburban or rural residential development opportunities. Land areas designated as transitional area must be consistent with the following provisions:

(1) Transitional areas may not be defined as growth areas for the purposes of state growth related capital investment pursuant to 30-A MRSA §4301 (5-B).

(2) Development standards in transitional areas must limit strip development along roads through access management , minimum frontage requirements, Limitation or prohibition of the creation of new lots that front on existing major through roads, or the requirement for very large road frontages are ways to limit strip development. For ideas on controlling access in subdivisions, see: http://www.smrpc.org/landuse/subord/subord.htm (Performance and Design Standards).
close and other techniques.

(3) Transitional areas may not include significant contiguous areas of working farms, wood lots, properties in state tree growth and farm and open space tax programs, prime agricultural and forestry soils, unfragmented habitat, or marine resources identified in the conditions and trends in Sections 4.6, 4.8, and 4.10.

(4) Transitional areas must be compatible with designations in adjacent communities or provide buffers or transitions to avoid land use conflicts with neighboring communities.

E. Rural Areas

The community’s Future Land Use Plan must identify a rural area or areas. The designation of rural areas is intended to identify areas deserving of some level of regulatory protection from unrestricted development for purposes that may include, but are not limited to, supporting agriculture, forestry, mining, open space, wildlife habitat, fisheries habitat and scenic lands, and away from which most development projected over ten (10) years is diverted.

A community’s Future Land Use Plan must designate as rural area or areas any portion of the community consistent with the following provisions:

(1) Rural areas must include agricultural, forest, open space, and coastal lands important to the local or regional natural resource-based economy, including:

a. working farms, wood lots, and properties enrolled in current-use tax programs related to forestry, farming or open space; Encourage owners of large agricultural, wood, or open space lots to take advantage of Current Use Farm, Tree Growth, or Open Space Current Use Tax Programs. For more information, see http://www.maine.gov/revenue/propertytax/propertytaxbenefits/CurrentUseLandPrograms.htm#farm
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b. large, unfragmented, undeveloped areas of prime agricultural soils;

c. important areas for nature-based tourism and outdoor recreation; and

d. unfragmented habitat.

(2) The Future Land Use Plan must identify current and proposed mechanisms, both regulatory Regulatory mechanisms include creation of agricultural zoning district, mandatory open space zoning, or a limitation on the number of lots that can be built upon annually in a subdivision in rural areas. For an example of a good Cluster/Open Space Development requirement, see: http://www.e-codes.generalcode.com/codebook_frameset.asp?t=tc&p=1284%2D140%2Ehtm&cn=649&n=[1][255] (Town of South Berwick ).

Also see to http://www.berwickmaine.org/ (Section 6.3.1 Residential Growth Limitations) for an example of limits in rural subdivisions and incentives for using water/sewer)
close and non-regulatory, There are a variety of non-regulatory measures that can be used to direct growth to appropriate areas and protect critical resources. One way is to get commitments from local water and sewer districts to not extend their services into designated rural areas. Another way is for the municipality to purchase conservation easements, or work with local land trusts to consider purchasing easements in designated rural areas.
close to ensure that the level and type of development in rural areas is compatible with the defined rural character and does not encourage strip development along roads.

(3) Rural areas may not include land areas where the community actively encourages new residential, institutional, or commercial development.

(4) Rural areas must be compatible with designations in adjacent communities or provide buffers or transitions to avoid land use conflicts with neighboring communities.

F. Critical Resource Areas

The Future Land Use Plan must identify and designate critical resource areas as defined in this Chapter. Land areas designated as critical resource area must be consistent with the following provisions:

(1) Critical resource areas are those areas in a community most vulnerable to impacts from development.

(2) The Future Land Use Plan must identify current and proposed mechanisms, both regulatory and non-regulatory, There are a variety of non-regulatory measures that can be used to direct growth to appropriate areas and protect critical resources. One way is to get commitments from local water and sewer districts to not extend their services into designated rural areas. Another way is for the municipality to purchase conservation easements, or work with local land trusts to consider purchasing easements in designated rural areas.
close to ensure that critical resource areas are, to the greatest extent practicable, protected from the impacts of development.

(3) Critical resource areas must be compatible with designations in adjacent communities or provide buffers or transitions to avoid land use conflicts with neighboring communities.

4. Required Elements for the Future Land Use Plan

A. Analysis and Key Issues

(1) How does the Future Land Use Plan align and/or conflict with the community’s vision statement? The vision statement describes what residents want the community to look like, feel like, and be like. Does the Future Land Use Plan and its blueprint for the future equate to what people want to see in the future when they walk along Main Street or sidewalks in town? When they use bike trails? When they travel community roads? When they visit parks and nature preserves? Does the Future Land Use Plan identify the best places for new houses and what those houses might look like? Does the Future Land Use Plan identify the best places for new economic development and what that might look like?
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(2) How is the configuration of the growth areas shaped by natural opportunities and/or constraints (i.e. the physical suitability or unsuitability of land for development)? The location of public facilities? The transportation network?

(3) How does the Future Land Use Plan relate to existing regional economic, housing, transportation and natural resource plans? Check with your Regional Planning Council and include any such Regional Plans or projects. Pursuant to M.R.S.A. 30-A section 2321, regional planning commissions are required to prepare and maintain a comprehensive plan. Check with your region’s planning commission to secure a copy of their latest plan.
close How does the Future Land Use Plan relate to recent development trends? Does the Future Land Use Plan account for anticipated growth, either residential, commercial, or industrial? If there are issues with the pattern of recent development, does the Future Land Use Plan address those issues?
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(4) Are most municipal capital investments currently directed toward growth areas? Why or why not?

(5) How can critical resource areas be effectively protected from future development impacts?

B. Components

The Future Land Use Plan must include:

(1) A map or maps showing the following land use areas and any smaller land use districts within them: Growth (unless exempted), Rural, Critical Resource, and Transition (if proposed).

(2) A narrative description of each land use area including:

a. The area’s relationship to the community’s vision;

b. The names of any smaller land use districts within the area;

c. The area’s natural opportunities and/or constraints;

d. The area’s transportation system;

e. The types and intensity of proposed land uses, including the range of residential densities;

f. The area’s proximity to existing and proposed public facilities and services;

g. The compatibility or incompatibility of proposed uses to current uses within and around the area along with any special development considerations Examples of land uses that might be deemed incompatible and, therefore, warranting special development considerations include:

1) industrial adjacent to residential
2) residential adjacent to natural resource protection
3) large-scale commercial adjacent to small-scale mixed uses.

Respectively, special development considerations might include:

1) Measures to mitigate noise and visual impacts (e.g. setbacks, fences, plantings) as well as a vehicular circulation pattern designed to exclude truck traffic from residential streets.
2) Measures to minimize development impacts such as specific minimum setbacks from sensitive environmental areas and/or mandatory use of open space subdivision provisions to minimize development footprint near those areas.
3) Measures to improve the visual, aesthetic and functional integration of large-scale development adjacent to small-scale development such as architectural design review and site plan design standards for the location and configuration of parking lots and specifications for consistent street trees, pedestrian amenities and street furniture.
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(e.g. need for additional buffers, architectural design standards, etc.); and

h. Any anticipated major municipal capital investments needed to support the proposed land uses.

(3) A summary of the key regulatory and non-regulatory approaches, including investment policies and strategies, the community will use to implement its Future Land Use Plan.

C. Policies

Minimum policies to address state goals:

(1) To coordinate the community’s land use strategies with other local and regional land use planning efforts.

(2) To support the locations, types, scales, and intensities of land uses the community desires as stated in its vision.

(3) To support the level of financial commitment necessary to provide needed infrastructure in growth areas.

(4) To establish efficient permitting procedures, especially in growth areas.

(5) To protect critical resource areas from the impacts of development.

D. Strategies

In addition to the strategies required below, include any strategies as necessary to support the establishment of any rate of growth or impact fee ordinances proposed. These may include strategies found in other sections of the plan.

Minimum strategies required to address state goals:

(1) Assign responsibility for implementing the Future Land Use Plan to the appropriate committee, board or municipal official.

(2) Using the descriptions provided in the Future Land Use Plan narrative, enact or amend local ordinances as appropriate to:

(a) Clearly define the desired scale, intensity, and location of future development;

(b) Establish fair and efficient permitting procedures and appropriate fees, and streamline permitting procedures in growth areas; and

(c) Clearly define protective measures for critical resource areas.

(3) Include in the Capital Investment Plan anticipated municipal capital investments needed to support proposed land uses.

(4) Meet with neighboring communities to coordinate land use designations and regulatory and non-regulatory strategies. SPO or your regional council would be happy to help facilitate such a meeting if appropriate.
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(5) Provide the code enforcement officer with the tools, training, and support necessary to enforce land use regulations, and ensure that the Code Enforcement Officer is certified in accordance with 30-A MRSA §4451. For the regulations regarding Code Enforcement Officer training and certification, see: http://janus.state.me.us/legis/statutes/30-a/title30-asec4451.html. For additional information on code enforcement training and certification see the State Planning Office CEO program website.
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(6) Track new development in the community by type and location. Assign someone (planning board, town planner, code enforcement officer) the responsibility to track development year-to-year, so that actual trends can be identified and examined. For example, someone might track and map the issuance of new residential building permits from year to year as a way to evaluate growth management efforts. The same might be done with subdivision applications, shoreland zoning permits, or other local approvals.
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(7) Periodically (at least every five years) evaluate implementation of the plan in accordance with Section 2.8.

5. Criteria for Growth Area Exemptions

A. Severe Physical Limitations

The Future Land Use Plan need not identify growth areas if the plan demonstrates that it is not possible to accommodate future residential, institutional, commercial, or industrial growth because of severe physical limitations, including, without limitation, the lack of adequate water supply and sewage disposal services, very shallow soils, or limitations imposed by critical natural resources.

To be considered for a growth area exemption because of severe physical limitations, the Future Land Use Plan must clearly indicate the physical limitation and the rationale for the exemption, based on one or more of the following three criteria:

(1) Water delivery and sewage disposal limitations. To qualify under this criterion, the Future Land Use Plan shall include descriptions of existing water delivery system(s) and sewage disposal system(s), including an analysis of the current capacity of the system(s) and potential for service expansion or introduction of such services. This discussion must also include descriptions and maps of aquifers in the planning area, and a description of how these aquifers relate to future capacity to serve as water supply.

(2) Soils. Description of soils types and conditions (available from the Natural Resources Conservation Service      For more information on the Natural Resources Conservation Service, see: http://www.wcc.nrcs.usda.gov/
close and the Maine Geological Survey      For more information on the Maine Geological Survey, see: http://www.maine.gov/doc/nrimc/mgs/mgs.htm
close), including the presence of ledge or steep slopes. This discussion must also describe the limitations of these soils related to wastewater disposal [pursuant to Maine Subsurface Wastewater Disposal regulations (10-144 CMR 241)]      For more information on the Maine Subsurface Wastewater Disposal Regulations, see: http://www.maine.gov/dhhs/eng/plumb/Adobe/enforcement_manual.pdf
close., and describe how these soil limitations make designation of any growth areas in the community with densities in the range of 20,000 to 80,000 square feet impractical.

[Note: The 20,000 square feet/lot density is the minimum allowable lot size where sewer facilities are not available as defined by the Maine State Plumbing Code. Copies of the Maine State Internal Plumbing Code, are available through the IAPMO site at http://208.112.12.6/iapmo/shop/ or by calling 1-800-85-IAPMO.
close A community may establish its own minimum standard lot size in excess of this figure.]

(3) Critical natural resources. Link to critical natural resources definition.
close Description of critical natural resources, with accompanying map(s) detailing the location of these resources. Based on this information, this discussion must also include a description of the constraints placed on future development by critical natural resources, alone or in conjunction with other physical limitations.

B. Minimal or No Growth

The Future Land Use Plan is not required to identify growth areas for residential, institutional, commercial or industrial growth if it demonstrates that the community or region has experienced minimal or no residential,      Link to definition of minimal residential development.
close institutional, commercial,      Link to definition of minimal commercial/institutional development.
close or industrial development      Link to definition of minimal industrial development.
close over the past decade and this condition is expected to continue over the planning period. Communities that have adopted town-wide growth caps or rate-of-growth ordinances are not eligible for a growth area exemption.

For consideration of a growth area exemption because of minimal residential, institutional, commercial, or industrial development, the Future Land Use Plan must clearly indicate the rationale for the exemption according to the type of exemption, as described below:

(1) Residential growth area exemption. For both the preceding 10-year period and the projected planning period, the Future Land Use Plan must include: the community’s population; the number of households; and the average household size. Based on this information, the Future Land Use Plan must demonstrate that the community has experienced minimal or no residential development as defined in Section 1.2(Z) and expects such a trend to continue.

(2) Commercial/Institutional growth area exemption. The Future Land Use Plan must include: information on the type and amount (square footage) of institutional or commercial development that occurred in the community during the preceding 10-year period, and a discussion of the type and amount of institutional or commercial development that is likely during the projected planning period. Based on this information, the Future Land Use Plan must demonstrate that the community has experienced minimal or no commercial/institutional growth, as defined in Section 1.2(X), and expects such trends to continue.

(3) Industrial growth area exemption. The Future Land Use Plan must include: information on the type and amount (square footage) of industrial development that occurred in the community during the preceding 10-year period, and a discussion of what type and amount of industrial development is likely during the projected planning period. Based on this information, the Future Land Use Plan must demonstrate that the community has experienced minimal or no industrial development, as defined in Section 1.2(Y), and expects such a trend to continue.

C. Lack of a Village or Densely Populated Area

The Future Land Use Plan is not required to identify growth areas for residential, institutional, commercial, or industrial growth anywhere in the community if it demonstrates that the community or region growth patterns do not include a village center or other densely populated area, and that no such areas are expected over the planning period.

For consideration of a growth area exemption because of the absence of a village or densely populated area, the Future Land Use Plan must discuss the manner in which the community intends to remain a rural community. As part of this discussion, the Future Land Use Plan must describe the rationale for the exemption, and must meet the following three criteria:

(1) Except for shoreland zones, the community has no land areas with residential dwelling densities greater than one unit per two acres within an area encompassed by any 500-foot radius; and

(2) The community has no land areas with village characteristics, such as a compact mix of commercial, civic, and residential development or a mix of housing types; and

(3) The community has no municipal or quasi-public water or wastewater systems.

SECTION 4. Required Topic Areas

1. Population and Demographics

A. State Goals

None required.

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.1(C) to answer the following questions.

(1) Is the rate of population change expected to continue as in the past, or to slow down or speed up? For future population projections (by age), see the SPO website: http://www.maine.gov/spo/economics/projections/. Feel free to use local population projections if they are better or more current.
close What are the implications of this change?

(2) Which demographic groups are the fastest growing and which are in decline?

(3) What will be the likely demand for housing and municipal and school services to accommodate the change in population and demographics, For information on future housing and school service needs, see the SPO website: http://www.maine.gov/spo/economics/projections/
close both as a result of overall change and as a result of change among different age groups?

(4) If most of the population growth is the result of newcomers, what can the community do to foster shared outlooks? For example, in York County, 2006 population projections were prepared by the Southern Maine Regional Planning Commission which indicated that 2/3 of the population change was due to in-migration. It was found that the average age of this group was around 50 years old. If these were the results for your community, what impacts might this pattern of population growth have on your town?
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(5) If your community has a significant seasonal population, is the nature of that population changing? What is the community's relationship to and dependence on seasonal visitors?

(6) If your community is a service center or has a major employer, what additional effort does it have to make to serve a daytime population that is larger than its resident population?

C. Conditions and Trends

Minimum data required to address state goals:

(1) The community’s Comprehensive Planning Population and Demographic Data Set (including relevant local, regional, and statewide data) prepared and provided to the community by the Office or its designee.

(2) Information on natural population change (births and deaths). Available from your Town Clerk or the Department of Human Services at http://www.maine.gov/dhhs/bohodr/links.htm
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(3) Significance and role of seasonal population and anticipated trends (as applicable).

D. Policies

None required.

E. Strategies

None required.

2. Economy

A. State Goals

(1) Plan for, finance, and develop an efficient system of public facilities and services to accommodate anticipated growth and economic development.

(2) promote an economic climate that increases job opportunities and overall economic well-being.

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.2(C) to answer the following questions.

(1) Where does the local population work and how does the community fit into the economic region (labor market area)? Labor market areas are the basic substate (i.e. regional) geographic area used to develop employment and unemployment estimates. For labor market data, as well as related information and labor market area definitions, see: www.maine.gov/labor/lmis.
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(2) Who are the major employers in the region Information on specific major employers may be found at regional planning agencies, local/regional chambers of commerce and the Maine Department of Labor. Information on significant employment sectors may be found at the U.S. Census (www.census.gov), the Maine Division of Labor Market Services (www.maine.gov/labor/lmis) and County Business Patterns (www.census.gov/epcd/cbp/view/cbpview.html). Information on the future outlook for theses businesses can be found in regional Comprehensive Economic Development Strategies (CEDS), the Maine Division of Labor Market Services (www.maine.gov/labor/lmis) and by contacting the businesses themselves.
close and what is their outlook for the future?

(3) Is the economy experiencing significant change, The Comprehensive Economic Development Strategy that includes your town is one source that will contain an overview of current and predicted regional economies. Contact your regional planning organization to find a copy. Data regarding population (www.census.gov), employment (www.maine.gov/labor/lmis), and tax base (annual municipal reports and through Town offices) is available from multiple sources.
close and how does this, or might this, affect the local population, employment, and municipal tax base?

(4) What are the community’s priorities for economic development? Are these priorities reflected in regional economic development plans? There are curently six Maine Economic Development Districts (EDDs) federally designated by the U. S. Economic Development Administration (EDA). Each EDD completes a Comprehensive Development Strategy (CEDS) on a yearly basis. The CEDS is the regional economic development plan for each of the six regions. Contact your regional planning organization to find a copy of the CEDS for your region. In addition, the State has its own economic development plan, available here: http://www.econdevmaine.com/
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(5) If there is a traditional downtown in the community, is it deteriorating or thriving? The extent of the health and activity of a community’s downtown may be obtained through discussions with a local or regional chamber of commerce and with municipal officials.
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(6) Are natural resource-based industries (including fishing, farming, or forestry) important in the community and, if so, are they growing or declining? What steps has the community taken to support these industries? Examples of steps that communities may have taken include: purchase and maintenance of facilities and infrastructure; participation in grant programs; meetings with businesses, owners and operators; and referrals to technical assistance providers.
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(7) Is tourism an important part of the local economy? If so, does the community want to foster this industry and what steps can it take to strengthen tourism? Broad tourism related employment data may be found at the U.S. Census (www.census.gov), the Maine Division of Labor Market Services (www.maine.gov/labor/lmis) and County Business Patterns (www.census.gov/epcd/cbp/view/cbpview.html).

However, there is no one employment sector that covers the tourism industry. One good indicator of the levels and health of the tourism industry in a region is to look at the Retail Sales Tax receipts for the food and lodging sectors. This data may be found at the Maine State Planning Office (www.maine.gov/spo/economics/economics/retailsales.htm). Examples of steps that can be taken to foster the tourism industry include starting up or supporting a chamber of commerce, participation in grant programs, and assisting/supporting local and regional tourism marketing programs.
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(8) What role do/should home occupations play in the community, if any? A community should define home occupation in terms of scale and intensity of use (e.g. number of employees, uses, traffic, signage, ammount of impervious servaces, etc.). A community may choose to support or regulate these businesses through a local zoning ordinance, through participation in grant and financing programs, and/or by making referrals to regional and state small business counseling services.
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(9) Are there appropriate areas within the community for industrial or commercial development? If so, are performance standards necessary to assure that industrial and commercial development is compatible with the surrounding land uses and landscape? A municipality’s zoning ordinance and map will set geographic boundaries in the municipality where industrial or commercial activity may occur. Most zoning ordinances establish performance standards to ensure compatibility with the surrounding area and community. Examples of these performance standards include road and frontage setbacks, landscaping standards, parking, signage and types of materials acceptable for facades.
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(10) What types of public facilities, including sewer, water, broadband access or three-phase power, are needed to support the projected location, type, and amount of economic activity, and what are the issues involved in providing them? The level of infrastructure needed by economic activity varies. Most manufacturing operations require municipal water and sewer service and three phase power, while home-based businesses may simply require Internet access. All information on municipal water and sewer service may be found at the local or regional water and sewer district that covers the municipality. Information on the availability and location of three-phase electrical power may be found at the electrical company that services the municipality. Information on broadband access may be found at the local, regional or national service provider of these services. There are a number of these providers, ranging from national companies such as America On Line and Verizon to regional service providers such as Great Works Internet (GWI).
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C. Conditions and Trends

Minimum data required to address state goals:

(1) The community’s Comprehensive Planning Economic Data Set prepared and provided to the community by the Office or its designee.

(2) A brief historical perspective on how and why the current economy of the community and region developed. Historical information on a community may be found at a local historical society, at the municipal office or through published town histories. Copies of town histories may be obtained either at the local municipal office or at the local library or Maine State Library (http://www.maine.gov/msl/)
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(3) A list of local and regional economic development plans developed over the past five years, which include the community. If a municipality has completed a local economic development plan, a copy will be available at the local municipal office. Copies of the regional Comprehensive Economic Development Strategy (CEDS) may be found at the Economic Development District that covers the municipality (SMEDD, KVCOG, AVCOG, EMDC, NMDC, MCBDP). Many of these organizations have placed their CEDS on their websites.
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(4) A description of the major employers in the community Information on specific major employers may be found at regional planning agencies, local/regional chambers of commerce and the Maine Department of Labor. Information on significant employment sectors may be found at the U.S. Census (www.census.gov), the Maine Division of Labor Market Services (www.maine.gov/labor/lmis) and County Business Patterns (www.census.gov/epcd/cbp/view/cbpview.html). Information on the future outlook for theses businesses can be found in regional Comprehensive Economic Development Strategies (CEDS), the Maine Division of Labor Market Services (www.maine.gov/labor/lmis) and by contacting the businesses themselves.
close and labor market area.

(5) A description of retail stores by type and how the composition has changed over past five or ten years. See SPO's retail sales data. Information on the retail mix and trends in communities and regions may be obtained through discussions with local and regional chambers of commerce, local municipal officials, downtown and specialty development districts and regional planning and development agencies.
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(6) A description of any economic development incentive districts, such as tax increment financing districts or Pine Tree Zones, in the community. Information on existing tax increment financing districts may be found at your local municipal office. General information on the tax increment financing program may be found at the Maine Department of Economic and Community Development (www.mainebiz.org/business_assistance/tif.asp). Specific information on involvement and properties in the Pine Tree Zone program may be obtained at either the local municipal office or through the administrator of one of the Pine Tree Zones established in Maine (SMEDD, AVCOG, KVCOG, EMDC, NMDC) or the newly created Midcoast Regional Redevelopment Authority. General information on the tax increment financing program may be found at the Maine Department of Economic and Community Development (www.mainebiz.org/why_maine/pine_tree_zones.asp).
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D. Policies

Minimum policies required to address state goals:

(1) To support the type of economic development activity the community desires, reflecting the community’s role in the region. Regional Comprehensive Economic Development Strategies (CEDS) may be found at the six Economic Development Districts in Maine (SMEDD, MCBDP, AVCOG, KVCOG, EMDC, NMDC). These websites are listed below (SMEDD is a joint district of GPCOG and SMRPC). Maine’s economic development strategy may be found at the Maine Department of Economic and Community Development. (www.econdevmaine.com).

Androscoggin Valley: www.avcog.org
Eastern Maine: www.emdc.org
Northern Maine: www.nmdc.org
Kennebec Valley: www.kvcog.org
Mid Coast: www.mcbdp.org
Greater Portland: www.gpcog.org
Southern Maine: www.smrpc.org
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(2) To make a financial commitment, if necessary, to support desired economic development, including needed public improvements.

(3) To coordinate with regional development corporations and surrounding towns as necessary to support desired economic development. For information on local, sub-regional and regional economic development organizations, see: www.mainebusinessworks.org/index.cfm?fuseaction=main.resources
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E. Strategies

Minimum strategies required to address state goals:

(1) If appropriate, assign responsibility and provide financial support for economic development activities to the proper entity (e.g., a local economic development committee, a local representative to a regional economic development organization, the community’s economic development director, a regional economic development initiative, or other).

(2) Enact or amend local ordinances, if appropriate, to reflect the desired scale, design, intensity, and location of future economic development. Examples may include: zoning to limit activity to specific geographic locations in a municipality, size and height restrictions, landscaping standards, signage, and use of materials. See SPO Large Scale Retail Developments.
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(3) Develop and adopt incentives Information on the economic development incentives that may be used by municipalities may be found at the Maine Department of Economic and Community Development (www.mainebiz.com).
closesuitable for the types and locations of economic development desired in the community.

(4) If public investments are foreseen as required, identify the mechanisms to be considered to finance them (local tax dollars, creating a tax increment financing district, a Community Development Block Grant or other grants, bonding, impact fees, etc.) Funding for public investments may occur in a variety of methods, with most projects consisting of several source of financing. Local funds may be provided through a local tax appropriation or through a publicly funded bond. For more information contact the local municipal office or the Maine Municipal Bond Bank (www.mainebondbank.com). Municipalities may use the tax increment financing program to fund public investments (www.mainebiz.org/business_assistance/tif.asp). Municipalities may also access grant programs to fund public investments. The most popular program in Maine is the Community Development Block Grant Program (www.meocd.org). There are a number of federal programs available from agencies such as the Farmer’s Home Administration and the Economic Development Administration. Information in these programs may be found at the Economic Development District that covers the municipality (SMEDD, KVCOG, AVCOG, EMDC, NMDC, MCBDP). Another tool for municipalities is to assess impact fees on projects to help defray the cost of new or upgraded municipal services.
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(5) Initiate participation in or continue to participate in any regional economic development efforts. Information on the activities of regional economic development organizations may be found at the six Economic Development Districts in Maine (SMEDD, MCBDP, AVCOG, KVCOG, EMDC, NMDC). Information on the activities of local, sub-regional and regional economic development organizations may be found at www.mainebusinessworks.org/index.cfm?fuseaction=main.resources.
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3. Housing

A. State Goal

To encourage and promote affordable, decent housing opportunities for all Maine citizens.

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.3(C) to answer the following questions.

(1) How many additional housing units, including rental units, will be necessary to accommodate projected population and demographic changes during the planning period? Look at the current situation in your community. What is the typical household size for each dwelling unit? If you look at the population projections in your plan, and divide this number by the average household size, how many new households would you get?
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(2) Is housing, including rental housing, affordable to those earning the median income in the region? Is housing affordable to those earning 80% of the median income? If not, evaluate local and regional efforts to address issue. Talk to real estate agents (there may even be one on your comprehensive plan committee). Using multiple listing, find out how many units are for sale at a point in time, for various price ranges. What is the median sales price? The MSHA data included in your SPO comp plan data packet may already have calculated the supply of affordable housing in your community.
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(3) Are seasonal homes being converted to year-round use or vice-versa? What impact does this have on the community? Discuss these three items with your Code Enforcement Officer and General Assistance Coordinator (typically the Town Clerk). These officials typically have the most direct insight into housing problems and issues.
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(4) Will additional senior or assisted living housing be necessary to meet projected needs for the community? Will these needs be met locally or regionally?

(5) Are there other major housing issues in the community, such as substandard housing?

(6) How do existing local regulations encourage or discourage the development of affordable housing? After reviewing your ordinance for any provisions about affordable housing (see #3 below), and discussing the situation with the Code Enforcement Officer and Planning Board, assess whether your ordinance is having a positive or negative affect on the possible supply of affordable housing.
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C. Conditions and Trends

Minimum data required to address state goals:

(1) The community’s Comprehensive Planning Housing Data Set prepared and provided to the community by the Maine State Housing Authority, and the Office, or their designees. This information is provided in your SPO Comp Plan Data Packet. The Maine Health and Human Services Department licenses assisted living facilities in the state. Details on facilities in your town can be found at: http://beas.dhs.maine.gov/rcare/. Organizations working on affordable housing can be found at the Maine State Housing Authority’s website: http://www.mainehousing.org/links.html. A list of community action programs can be found at: http://www.maine.gov/dhhs/beas/resource/cap.htm.
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(2) Information on existing regional affordable housing coalitions or similar efforts.

(3) A summary of local regulations that affect the development of affordable housing. To accomplish this task, search your zoning ordinance and subdivision regulations for the words “affordable housing.” and summarize all existing provisions on the books. Some communities have extensive bonuses for affordable housing projects “on the books,” but still none have occurred. Besides summarizing what has been enacted, find out from the code enforcement officer or planning board members whether the provisions have ever been utilized, and ask them to speculate why they are not used more often. For instance the town of Kennebunk provides a density Bonus of 50% to anyone willing to build affordable housing. It has rarely been used. South Berwick offers the opportunity to add an accessory apartment without meeting any density requirements. It too, has not been fully utilized.
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Policies

Minimum policies required to address state goals:

(1) To encourage and promote adequate workforce housing to support the community’s and region’s economic development.

(2) To ensure that land use controls encourage the development of quality affordable housing, including rental housing.

(3) To seek to achieve at least 10% of all housing built or placed during the next decade be affordable.

(4) To encourage and support the efforts of the regional housing coalitions in addressing affordable and workforce housing needs.

Strategies

Minimum strategies required to address state goals:

(1) Enact or amend growth area land use regulations to increase density, decrease lot size, setbacks and road widths, or provide incentives such as density bonuses, to make housing less expensive to develop. See Town of Ogunquit Zoning Ordinance, section 9.20 http://www.townofogunquit.org.
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(2) Allow the addition of at least one accessory apartment per dwelling unit in growth areas, subject to site suitability. See Town of Ogunquit Zoning Ordinance, section 9.1 http://www.townofogunquit.org — Also Town of South Berwick Zoning, section 140-46.1 at http://www.generalcode.com.
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(3) Create or continue to support a community affordable housing committee and/or regional affordable housing coalition.

(4) Designate a location(s) in growth areas where mobile home parks are allowed pursuant to 30-A MRSA §4358(3)(M). See Town of Kennebunk’s Affordable Housing Committee at: http://www.kennebunkmaine.org. See Town of Wells, Land Use Ordinance, section 145-12.F; section 145-16; and section 145-34 at http://www.generalcode.com.
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4. Transportation

A. State Goal and the Sensible Transportation Policy Act

(1) To plan for, finance and develop an efficient system of public facilities and services to accommodate anticipated growth and economic development.

(2) Sensible Transportation Policy Act

The Sensible Transportation Policy Act (23 MRSA §73) For the Sensible Transportation Policy Act, see: http://janus.state.me.us/legis/statutes/23/title23sec73.html
close requires that the State Planning Office and the Maine Department of Transportation establish linkage between that Act and the Growth Management Act. Therefore, Section 4.4, the transportation section of a comprehensive plan, must be developed in accordance with the Sensible Transportation Policy Act in order to be consistent with the Growth Management Act.

If a community’s transportation plan has been approved by the Maine Department of Transportation (hereafter MaineDOT) as consistent with the Sensible Transportation Policy Act (23 MRSA §73), and the approved plan is incorporated into the community’s comprehensive plan, then the transportation section is deemed to be consistent with this Chapter.

Absent such approval, the following analyses, condition and trend data, policies, and strategies are required. Regional and state transportation plans must be consulted in preparing this section.

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.4(C) to answer the following questions.

(1) Roads, Bridges, Sidewalks, and Bicycle Routes

a. What are the concerns for transportation system safety and efficiency in the community and region? What, if any, plans exist to address these concerns, which can involve:

Safety;

Traffic speed;

Congestion and travel delay;

Travel volume and type;

Traffic problems caused by such things as road and driveway locations and design, road maintenance needs, traffic control devices, growth patterns, and lack of transportation options;

Lack of transportation links between neighborhoods, schools, recreation, shopping, and public gathering areas;

Closed or posted bridges or roads;

Pedestrian and bicycling safety; and

Light pollution

b.What conflicts are caused by multiple road uses, such as a major state or U.S. route that passes through the community or its downtown and serves as a local service road as well?

c. Upon review of state and regional transportation plans, State transportation plans that should be reviewed include MaineDOT’s 20 Year Long Range Plan, its 6 Year Plan and its most recent Biennial Capital Work Plan. All of the latest plans are available on the Maine DOT website: http://www.maine.gov/mdot/. Contact your local Regional Planning Council for information on Regional Transportation Plans in your area.
close what are their impacts on your current and future community plans? What actions can the community take to address identified impacts?

d. How do the community’s land use regulations mesh with the MaineDOT, regional, and local objectives for transportation system facilities in the community? If growth areas are located on arterial highways Arterials are highways that are intended to provide long-distance connections between towns and regional centers. Volumes of traffic typically range from 5,000 to 30,000 vehicles per day. Arterials are divided between “principal” and “minor” arterials. For more information about how highways are classified visit Maine DOT’s Community Services Division webpage on functional classification of highways: http://www.maine.gov/mdot/maines-transportation-systems/classification-highways%20.php
close, how will growth in these areas affect the ability of the arterial to safely and efficiently move traffic?

e. What is the community’s schedule for regular investments in road maintenance and improvement? How are MaineDOT Urban-Rural Initiative Program (URIP) funds The Urban-Rural Initiative Program (URIP) is a MaineDOT program that provides financial assistance to Maine communities seeking to make highway-related transportation capital improvements. Funding is based on a community’s public road mileage. For more information, see: http://www.maine.gov/mdot/community-programs/uri-program.php
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f. What concerns does your community have regarding its policies and standards for design, construction, and maintenance of public and private local roads and bridges?

(2) Parking

a. What are the parking issues in the community? Parking standards are an important aspect of planning that impact a neighborhood’s image and functionality. Traditionally, municipal parking standards are “one-size-fits-all”. Frequently, on-street parking possibilities are overlooked; off-street parking standards may require tracts of land larger than buildings themselves. For this reason, it is important to closely examine the parking standards that the community has in place. For more information on parking management see: www.vtpi.org/park_man.pdf
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b. Do local parking standards promote development in desired areas or do they drive it to outlying areas?

c. How do local ordinances consider safety related to parking lot layout and circulation for vehicles, pedestrians and all other users? There are a number of ways to improve parking lot safety. Site design safety measures include: limiting the number of curb cuts or the location of the curb cut with respect to the parking lot; requiring parking lot throats for holding cueing vehicles; and requiring a separator strip of land separating parking from on-street traffic. Other safety measures include enhanced signage and lighting, installation of clearly delineated pedestrian walks, medians, and islands with curbs and curb cuts, and appropriate placement parking spaces for diverse user groups and sizes of vehicle. Urban locations should examine ways to integrate pedestrians, bicycles and transit operators that may be accessing the site. In general, seek ways to minimize conflicts with automobile traffic and look for opportunities to connect contiguous parking lots with similar land uses.
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d. What community investments are needed to expand or improve parking?

(3) Other Modes of Transportation:

a. What transit services are available to meet the current and future needs of community residents? If transit services are not adequate, how will the community address the needs?

b. If the community hosts a major transportation terminal, such as an airport, rail, or ferry terminal, how does it connect to other transportation systems?

c. If the community hosts any public airports, what coordination has been undertaken to ensure that required airspace is protected now and in the future? How does the community coordinate with the owner(s) of private airports?

(4) Coastal Communities only:

a. What land-side and water-side transportation facilities are needed?

b. How does the community protect access to facilities for island travelers, currently and in the future? There are a number of ways that a community can protect facilities on the coast. Tools and techniques may differ depending on whether water access is privately owned or not. Creating a zoning district for water-dependent uses is a popular way to protect important private marine facilities in order to prevent residential conversion. Communities may want to establish a fund to purchase important waterfront lands, but should first carefully asses the public user groups it is purchasing for and their needs (parking, berthing depth needs, protection from gale-force winds, etc). An excellent resource for protecting waterfront facilities is the Marine Law Institute’s 1988 publication Managing the Shoreline for Water Dependent Uses: A Handbook of Legal Tools and its companion Guidebook to the Economics of Waterfront Planning and Water Dependent Uses. Both handbooks are available from the State Planning Office Library.
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c. How do the community’s land use regulations mesh with MaineDOT, regional, and local objectives for marine transportation facilities?

(5) Environmental and Cultural Considerations:

a. What, if any, environmental degradation caused by state or local transportation facilities or operations (e.g. wildlife mortality, habitat fragmentation, erosion, A community may want to explore ways to minimize erosion of soil into water bodies, update its stormwater management practices, upgrade required culvert designs, require road designs that are more context sensitive to their environment or require land use connectivity to minimize the fragmentation of natural habitats. Many of these environmental protection practices are incorporated in the Maine Model Subdivision Regulations, available at the following website: http://www.smrpc.org/landuse/subord/subord.htm
close groundwater contamination, non-point source pollution) is occurring?

b. What are the community’s objectives for preserving or protecting important identified or designated scenic, historic, or cultural resources adjacent to transportation facilities?

c. How does the community address any transportation-related noise concerns? Noisy trucks are the most frequently cited transportation noise issue. Because the federal government has required all vehicles manufactured since 1978 to meet noise requirements, usually the issue is modified or defective exhaust systems on trucks. Maine has a law that prohibits operating a motor vehicle on a public highway without a serviceable muffler (MRSA 29-A§ 1912), which state, county and local police can enforce. Other ways communities might be able to address noise issues might be to require buffers or larger setbacks. In some cases a community might want to protect transportation users from noise complaints, such as farmers or fishermen. Maine has “right to farm” (MRSA 17 § 2805) and “right to fish” (MRSA 17 § 2807) laws, which are designed to provide reasonable protections for farmers and fishermen to operate their transportation equipment, respectively.
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d. What steps can the community take to encourage development to occur in a manner that minimizes transportation-related environmental impacts such as habitat fragmentation and/or vehicular CO₂ emissions?

(6) Land Use:

a. How do existing and proposed major transportation facilities Existing and proposed major transportation facilities can include intermodal centers, rail siding infrastructure, port or harbor infrastructure, park and ride lots and other site specific facilities dedicated to transportation use.
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b. How do local land use plans and decisions affect safety, congestion, mobility, efficiency, and interconnectivity of the transportation system?

c. How do existing land uses and development trends support or inhibit cost effective passenger transportation systems and the efficient use of freight rail systems?

d. Does the community have in place, or does it need to put into place, access management Access management typically involves the control of roadcuts associated with driveways, interchanges, and other road connections. Access management can also involve issues such as the placement and size of medians, traffic light spacing, and other road design measures.

For more information about access management design standards and best practices see: http://www.accessmanagement.gov/

For information about Maine DOT’s access management program, see:http://www.maine.gov/mdot/planning-process-programs/access-mngmnt.php
close or traffic permitting measures? How do these measures correlate with
MaineDOT’s access management program and regulations for traffic permitting of large development? For more information about access management design standards and best practices see: http://www.accessmanagement.gov/

For information about Maine DOT’s access management program, see:
http://www.maine.gov/mdot/planning-process-programs/access-mngmnt.php

For information about Maine DOT’s regulations for traffic permitting of large developments see: http://www.maine.gov/mdot/traffic-counts/traffic-mvmnt-app.php
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e. How do the community's local road design standards support the type of village, suburban, or rural land use patterns the town wants?

f. Do planned or recently built subdivision roads (residential or commercial) simply dead-end or do they allow for expansion to adjacent land and encourage the creation of a network of local streets? Where dead-ends are unavoidable, are mechanisms in place to encourage shorter dead-ends resulting in compact and efficient subdivision designs?

C. Conditions and Trends

Minimum data required to address state goals:

(1) The community’s Comprehensive Planning Transportation Data Set prepared and provided to the community by the Department of Transportation, and the Office, or their designees.

(2) Highways, Bridges, Sidewalks, and Bicycle Routes:

a. Location and overall condition of roads, bridges, sidewalks, and bicycle facilities, including any identified deficiencies or concerns.

b. Identify potential off-road connections that would provide bicycle and pedestrian connections to neighborhoods, schools, waterfronts and other activity centers.

c. Identify major traffic (including pedestrian) generators, such as schools, large businesses, public gathering areas/activities, etc. and related hours of their operations.

d. Identify policies and standards for the design, construction and maintenance of public and private roads. Identify the location of private roads and assess their potential to become public roads.

(3) Parking:

a. List and locate municipal parking areas including size, condition, and usage.

(4) Other Modes of Transportation:

a. List and locate all airports within or adjacent to the community and describe applicable airport zoning and airspace protection ordinances in place.

b. Identify inter-local, fixed route, commuter, and demand response bus or van services, including private or public operator information and local government involvement.

(5) Coastal Communities only:

a. Location of current and potential seaport terminals. Identify whether seaport terminal is of local, regional, or state significance, its ownership/management and use (type and quantity/frequency of goods shipped in or out). List land-side and water-side facilities associated with port. Land side facilities associated with a seaport may include the following elements: fueling facilities, storage/warehousing facilities or facilities for passenger services, parking, and existing or proposed intermodal facilities. Waterside facilities may include the number of berthing spaces, moorings, water depths at docking facilities, and the quality of the environment in protecting boats and marine infrastructure from gale force winds and hurricanes. A good resource for harbor facilities is the Maine State Planning Office’s 1995 publication, The Right Tack: Charting Your Harbor’s Future, which is available from the State Planning Office Library.
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b. Identify public ferry service and private boat transportation support facilities (may be covered under Marine Resources with cross reference) including related water-side (docks/piers/wharves) and land-side (parking) facilities.

(6) Environmental and Cultural Considerations:

a. Location of evacuation routes identified in an emergency response plan, if applicable.

b. Identify areas with transportation related noise concerns.

c. Identify areas where inappropriate lighting affects transportation safety.

d. Identify and describe scenic, historic, or cultural resources within or adjacent to transportation facilities that the community wants to protect, such as street trees, covered bridges, etc.

e. Known locations with opportunities to restore habitat connections disrupted by a transportation facility owned and maintained by the community.

(7) Land Use:

a. Identify current local land use management strategies (such as access management, zoning, density, and minimum lot size standards) that enhance or detract from the safety and efficiency of the transportation system (including highway, air, bus, bike, pedestrian, marine, and rail services.)

D. Policies

Minimum policies required to address state goals:

(1) To prioritize community and regional needs associated with safe, efficient, and optimal use of transportation systems.

(2) To safely and efficiently preserve or improve the transportation system.

(3) To promote public health, protect natural and cultural resources, and enhance livability by managing land use in ways that maximize the efficiency of the transportation system and minimize increases in vehicle miles traveled.

(4) To meet the diverse transportation needs of residents (including children, the elderly and disabled) and through travelers by providing a safe, efficient, and adequate transportation network for all types of users (motor vehicles, pedestrians, bicyclists).

(5) To promote fiscal prudence by maximizing the efficiency of the state or state-aid highway network.

E. Strategies

Minimum strategies required to address state goals:

(1) Develop or continue to update a prioritized ten-year improvement, maintenance, and repair plan for local/regional transportation system facilities that reflects community, regional, and state objectives.

(2) Initiate or actively participate in regional and state transportation and land use planning efforts.

(3) Enact or amend local ordinances as appropriate to be consistent with local, regional, and state transportation policies identified in this plan.

(4) Enact or amend local ordinances as appropriate to address or avoid conflicts with:

a. Policy objectives of the Sensible Transportation Policy Act (23 MRSA §73);

b. State access management regulations pursuant to 23 MRSA §704; For 23 MRSA §704, see: http://janus.state.me.us/legis/statutes/23/title23sec704.html
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c. State traffic permitting regulations for large developments pursuant to 23 MRSA §704-A. For 23 MRSA §704-A, see: http://janus.state.me.us/legis/statutes/23/title23sec704-A.html
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(5) Enact or amend ordinance standards for subdivisions A new road is a main design piece of any new development or subdivision and has an enormous impact on the functionality and livability of the neighborhood it serves. See section 10.15 of the 12th edition of Maine’s Model Subdivision Regulations for some ideas on ways to foster transportation-efficient growth patterns: http://www.smrpc.org/landuse/subord/subord.htm
close and for public and private roads as appropriate to foster transportation-efficient growth patterns and provide for future street and transit connections.

(6) Work with the MaineDOT as appropriate to address deficiencies in the system or conflicts between local, regional, and state priorities for the local transportation system.

5. Recreation

A. State Goal

To promote and protect the availability of outdoor recreation opportunities for all Maine citizens, including access to surface waters.

B. Analyses and Key Issues For an analysis of the state’s overall assessment of recreational needs see the State Comprehensive Outdoor Recreation Plan: http://www.maine.gov/doc/parks/programs/SCORP/contents.html
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To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.5(C) to answer the following questions.

(1) Will existing recreational facilities and programs in the community and region accommodate projected growth or changes in age groups in your community?

(2) Is there a need for certain types of services or facilities or to upgrade or enlarge present facilities to either add capacity or make them more usable? A valuable source of information for assessing recreation and park needs is the National Recreation and Park Association (NRPA). NRPA provides standards for reviewing facility needs that have been used by many Maine communities as they assess the adequacy of their recreational facilities. See these standards at: http://www.prm.nau.edu/PRM423/recreation_standards.htm

It is important to point out however, that the town may have their own standards of what they want or need as far as recreational facilities are concerned. Therefore, a recreation/parks needs assessment also requires a discussion at the community level.
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(3) Are important tracts of open space commonly used for recreation publicly-owned or otherwise permanently conserved?

(4) Does the community have a mechanism, such as an open space fund or partnership with a land trust, to acquire important open spaces and access sites, either outright or through conservation easements? Some southern Maine communities (such as the town of Wells) have set up a dedicated fund for open space acquisition which the town contributes to annually through a town meeting appropriation. Contact the Wells Conservation Commission: http://home.maine.rr.com/rickandmarilyn/concom/
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(5) Does the public have access to each of the community’s significant water bodies? Is the type of access compatible with the protection of public drinking water sources?

(6) Are recreational trails in the community adequately maintained? Are there use conflicts on these trails? Use conflicts can arise on trails which serve multiple uses. For instance, equestrian trails may not work well with non-motorized mountain bike trails as horses do not like surprises (which may occur as a bike quietly comes around a corner). ATV’s and more passive activities such as birdwatching may not co-exist well either. Information on trail management and multiple use trails as well as possible funding opportunities can be found at the Maine Dept. of Conservation website at: http://www.maine.gov/doc/parks/programs/planning/index.html
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(7) Is traditional access to private lands being restricted?

C. Condition and Trends

Minimum data required to address state goals:

(1) The community’s Comprehensive Planning Recreation Data Set prepared and provided to the community by the Department of Conservation, and the Office, or their designees.

(2) A description of important public and private active recreation programs, land and water areas (including hunting and fishing areas), and facilities in the community and region, including regional recreational opportunities as appropriate, and identification of unmet needs.

(3) An inventory of any fresh or salt water bodies in the community determined locally to have inadequate public access.

(4) A description of trail systems, trail management organizations, and conservation organizations that provide trails for all-terrain vehicles, snowmobiling, skiing, mountain biking, or hiking. Include mapped information as available. The Dept. of Conservation may also be helpful in finding out about trail organizations in your town or region. http://www.maine.gov/doc/parks/index.html
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(5) A map or list of important publicly-used open spaces and their associated facilities, such as parking and toilet facilities.

(6) A list of local and regional land trusts in the area. Go to the Maine Land Trust network website at http://www.mltn.org/ for info about a land trust in your area.
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D. Policies

Minimum policies required to address state goals:

(1) To maintain/upgrade existing recreational facilities as necessary to meet current and future needs.

(2) To preserve open space for recreational use as appropriate.

(3) To seek to achieve or continue to maintain at least one major point of public access to major water bodies for boating, fishing, and swimming, and work with nearby property owners to address concerns.

E. Strategies

Minimum strategies required to address state goals:

(1) Create a list of recreation needs or develop a recreation plan to meet current and future needs. See the facility standards guidelines at http://www.maine.gov/doc/parks/programs/planning/index.html. Possibilities to address the provision of recreational facilities, in addition to town appropriations, might be:
Impact fees. See: http://www.maine.gov/spo/landuse/publications/ which provides a link to a municipal guide to impact fees.
Requiring recreation areas as part of subdivision approval. See: http://www.smrpc.org/landuse/subord/subord.htm
close Assign a committee or town official to explore ways of addressing the identified needs and/or implementing the policies and strategies outlined in the plan.

(2) Include any capital needs identified for recreation facilities in the Capital Investment Plan.

(3) Work with public and private partners to extend and maintain a network of trails for motorized and non-motorized uses. Connect with regional trail systems where possible.

(4) Work with an existing local land trust or other conservation organization to pursue opportunities to protect important open space or recreational land. In addition to your local land trust, for more help in examining conservation opportunities, see the websites of the Maine Coast Heritage Trust at: http://www.mcht.org
The Nature Conservancy at: http://www.nature.org/wherewework/northamerica/states/maine/
The Trust for Public Land at: http://www.tpl.org/tier2_rl.cfm?folder_id=259
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(5) Provide education regarding the benefits and protections for landowners allowing public recreational access on their property.

6. Marine Resources (if applicable) This section may not apply if your town is not in the Maine coastal zone. For a list of towns in the Maine coastal zone, see: The Maine Coastal Programs list of communities in the coastal zone.
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A. State Goal and State Coastal Policies

(1) To protect the State's marine resources industry, ports and harbors from incompatible development and to promote access to the shore for commercial fishermen and the public.

(2) For coastal towns, the Growth Management Act requires that a local comprehensive plan address the state coastal management policies (38 MRSA §1801). For information about Maine’s coastal management policies, see: http://janus.state.me.us/legis/statutes/38/title38ch19sec0.html, or see the Maine Coastal Program web page at http://www.maine.gov/spo/mcp/
close These are:

a. To promote the maintenance, development, and revitalization of the State's ports and harbors for fishing, transportation and recreation;

b. To manage the marine environment and its related resources to preserve and improve the ecological integrity and diversity of marine communities and habitats, to expand our understanding of the productivity of the Gulf of Maine and coastal waters and to enhance the economic value of the State’s renewable marine resources;

c. To support shoreline management that gives preference to water-dependent uses over other uses, that promotes public access to the shoreline and that considers the cumulative effects of development on coastal resources;

d. To discourage growth and new development in coastal areas where, because of coastal storms, flooding, landslides or sea-level rise, it is hazardous to human health and safety;

e. To encourage and support cooperative state and municipal management of coastal resources;

f. To protect and manage critical habitat and natural areas of state and national significance and maintain the scenic beauty and character of the coast even in areas where development occurs;

g. To expand the opportunities for outdoor recreation and to encourage appropriate coastal tourist activities and development;

h. To restore and maintain the quality of our fresh, marine and estuarine waters to allow for the broadest possible diversity of public and private uses; and,

i. To restore and maintain coastal air quality to protect the health of citizens and visitors and to protect enjoyment of the natural beauty and maritime characteristics of the Maine coast.

[Note: The minimum requirements to address some of these policies are identified in other sections of this Chapter.]

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.6(C) to answer the following questions.

(1) Fishery resources/water quality

a. Is water quality being monitored on a regular basis? For a description of the Maine Healthy beaches program, information about water quality monitoring of coastal waters and beaches, see: http://www.maine.gov/dep/blwq/beaches/index.htm. Information about planning for this issue can also be found at the site.
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b. Is there a local or regional plan in place to identify and eliminate pollution sources?

c. Has closing of clam or worm flats threatened the shellfishing industry, and are sources of contamination known? Are sources point (direct discharge) or nonpoint sources? Shellfish closure information is located at the Maine Department of Marine Resources (DMR) web site: http://www.maine.gov/dmr/rm/public_health/closures/closedarea.htm. Discovering the source of the pollution may be more problematic and may require talking to local shellfishers, the local Shellfish Commission (if one exists) or the DMR Regional Biologist (go to the DMR website http://www.maine.gov/dmr/rm/public_health/closures/closedarea.htm).
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d. Are fishery resources being properly managed at local and regional levels?

(2) Coastal land use

a. Are traditional water-dependent uses thriving or in decline? What are the factors affecting these uses? If current trends continue, what will the waterfront look like in 10 years? The Maine Coastal Program has on-line information describing the issues and possible strategies regarding working waterfronts: See the Coastal Program Download Center and the Working Waterfront Initiative.
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b. Is there reasonable balance between water-dependent and other uses, and between commercial and recreational uses? If there have been recent conversions of uses, have they improved or worsened the balance? Local assessing records can provide insight into the number of water dependent, residential and recreational uses. A walk along the waterfront may provide the same insight. The appropriate balance of those uses is a discussion for the community.
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c. How does local zoning treat land around the harbor? How do the community’s coastal land use regulations compare with neighboring communities?

(3) Harbor management

a. Have arrangements for managing local harbors been effective?

b. Is there a local or regional harbor or bay management plan? The Maine Coastal Program and other agencies recently developed a series of recommendations for Bay Management Planning. These recommendations were signed as an Executive Order by Gov. Baldacci in 2007. See: http://www.maine.gov/dmr/baystudy/finalrpt/index.htm for more information.
close If not, is one needed?

c. If the harbor is shared with other communities, is there cooperation in management of the harbor?

d. What are the local dredging needs and how are they addressed?

(4) Coastal access

a. Is adequate, protected access for commercial fishermen, aquaculturists, and recreational users available? Based on projections, will access, including support facilities such as parking and marine services, be adequate for the future? Are there opportunities for improved access? The 2003 Maine Statewide Comprehensive Outdoor Recreation Plan (SCORP) has basic projections of waterbased recreation and fishing usage at: http://www.maine.gov/doc/parks/programs/SCORP/contents.html.
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b. Are important points of visual access identified and protected? While visual access and particularly defining a scenic vista is somewhat subjective, this web site has a discussion and ideas about visual access and scenic preservation: http://www.scenic.org/learn_more/what_is
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C. Conditions and Trends

Minimum data required to address state goals:

(1) The community’s Comprehensive Planning Marine Resources Data Set prepared and provided to the community by the Department of Marine Resources, and the Office, or their designees.

(2) Coastal Land Use

a. A map or description of current land use patterns along the shoreline and near coast area which differentiates water-dependent uses from other uses.

b. A summary of current regulatory and non-regulatory provisions influencing land use patterns along the shoreline and near coast area. Waterfront ordinances specify how municipal waters and waterfront facilities will be managed. By delineating what activities will occur where, ordinances establish consistent rules and help to minimize conflicts. They outline the powers and duties of the harbormaster and the harbor committee, as well as the appeals process for their decisions. Harbor or waterfront ordinances can also be used to: establish boundaries and cite where certain regulations apply (such as speed limits, dock rules, and abandonment of vessel restrictions); provide for the number and placement of moorings, the length of private docks, the length of vessels allowed at docks, the tie-up times at public docks, the channel setback requirements, and any fees; prohibit businesses that are not water-dependent from certain areas; give priority to commercial water-dependent uses over recreational uses; require that certain users provide and maintain waterfront access; limit the height and size of structures that are not marine-related; regulate dock and wharf construction; and establish standards for refueling, spill prevention, and clean-up.

Sample ordinance language includes Camden’s: http://town.camden.me.us/PDFs/Harbor%20Waterways%20Ordinance%2006.12.07.doc.pdf
See also Belfast: http://www.municode.com/resources/gateway.asp?pid=13393
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(3) Harbor Management

a. A description of any local or regional harbor or bay management plans or planning efforts.

(4) Coastal Access

a. The location of facilities (wharves, boat ramps, pump-out stations, etc.), with a brief description of any regional or local plans to improve facilities.

b. A description of or map showing beaches and other access points used by the public with a brief description of their use, capacity, physical condition, and plans to improve, expand, or acquire facilities such as parking or toilets.

c. An inventory of significant scenic access points along the shoreline, including current ownership (public/private) and any protection, if any.

D. Policies

Minimum policies required to address state goals:

(1) To protect, maintain and, where warranted, improve marine habitat and water quality.

(2) To foster water-dependent land uses and balance them with other complementary land uses. Complementary land uses to marine dependent land uses might include support services to the fishing industry (ice making, gas, etc) as well as piers, docks, wharves and parking facilities which are set aside for commercial water dependent uses.
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(3) To maintain and, where warranted, improve harbor management and facilities.

(4) To protect, maintain and, where warranted, improve physical and visual public access to the community’s marine resources for all appropriate uses including fishing, recreation, and tourism.

E. Strategies

Minimum strategies required to address state goals:

(1) Working with local residents and businesses, neighboring communities, the Department of Environmental Protection, and the Department of Marine Resources, develop an action plan to protect fishery habitats and identify and eliminate point and non-point source pollution.

(2) Consistently enforce local shoreland zoning provisions and provide adequate training and resources to the code enforcement officer.

(3) Develop a plan for addressing any identified needs for additional recreational and commercial access (which includes parking, boat launches, docking space, and swimming access) and their ongoing maintenance. Include necessary public improvements/upgrades in the Capital Investment Plan.

(4) Encourage owners of marine businesses and industries to participate in clean marina/boatyard programs. For ideas about programs for clean marinas and boatyards, see: http://www.maine.gov/dep/blwq/docwatershed/marina/bmp.htm.
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(5) Provide information about the current use taxation program Current use taxation covers a wide range of possible programs to lower taxable values on an individual property. For working waterfronts-related information see: http://www.maine.gov/revenue/propertytax/propertytaxbenefits/workingwaterfrom.htm.
close to owners of waterfront land used to provide access to or support the conduct of commercial fishing activities.

(6) Implement any local or regional harbor or bay management plans, or work with neighboring communities to create a harbor management plan for shared resources.

(7) If applicable, provide sufficient funding for and staffing of the harbormaster and/or harbor commission.

(8) Work with local property owners, land trusts, and others to protect major points of physical and visual access to coastal waters, especially along public ways and in public parks.

7. Water Resources

A. State Goal

To protect the quality and manage the quantity of the State's water resources, including lakes, aquifers, great ponds, estuaries, rivers, and coastal areas.

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.7(C) to answer the following questions.

(1) Are there point sources A point source of pollution is any pollutant discharged from any identifiable point, including pipes, ditches, channels, sewers, tunnels, etc. Point sources of pollution require a National Pollution Discharge Elimination System (NPDES) permit from the Maine DEP. Residential point sources of pollution that are not connected to municipal treatment are individually licensed and called “Overboard Discharges.” Point sources also include Publicly-Owned Treatment Works (POTW) and commercial point sources such as paper mills (Non-POTW’s.) For a list of what is in your community, see http://www.maine.gov/dep/blwq/docstand/wd/general.htm
close (direct discharges) of pollution in the community? If so, is the community taking steps to eliminate them?

(2) Are there non-point sources of pollution Non-point source pollution is caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it carries natural and human-made pollutants, depositing them into lakes, rivers, wetlands, coastal waters, and even underground sources of drinking water
close related to development, agriculture, forestry, or other uses that are affecting surface water resources and riparian areas? A riparian area is the transition zone between uplands and water bodies or unforested wetlands.
close If so, are existing regulations sufficient to protect these resources?

(3) Are point and/or non-point sources of pollution threatening groundwater supplies?

(4) Are public groundwater and surface water supplies and their recharge areas A recharge area is an area from which there is significant addition of water to the groundwater system.
close adequately protected? Are any public water supply A public water supply is defined in Maine as any publicly or privately-owned system of pipes, structures and facilities through which water is obtained for or sold, furnished or distributed to the public for human consumption; if such system has at least 15 service connections or serves at least 25 individuals daily at least 60 days out of the year. See Maine Drinking Water Program rules: http://www.maine.gov/dhhs/eng/water/Templates/Rules/rules.htm
close expansions anticipated? If so, have suitable sources been identified and protected?

(5) What non-regulatory measures can the community take to protect or enhance water quality? Are there opportunities to partner with local or regional advocacy groups that promote water resource protection?

(6) Do local road construction and maintenance practices and standards adequately protect water resources? Do public works crews and contractors use best management practices in daily operations (e.g. salt/sand pile maintenance, culvert replacement street sweeping, public works garage operations)?

(7) Are floodplains adequately identified and protected? Does the community participate in the National Flood Insurance Program? Check your community’s status at http://www.maine.gov/spo/flood/
close If not, should it? If so, is the floodplain management ordinance up to date and consistently enforced?

C. Conditions and Trends

Minimum data required to address state goals:

(1) The community’s Comprehensive Planning Water Resources Data Set prepared and provided to the community by the Department of Inland Fisheries and Wildlife, the Department of Environmental Protection and the Office, or their designees.

(2) A description of each lake, pond, river, and stream including:

a. ecological, economic, and recreational values;

b. current watershed land uses;

c. threats to water quality or quantity;

d. documented water quality and/or invasive species problems.

(3) A list of water resource advocacy groups active in the community.

(4) A summary of past and present activities to monitor, assess, and/or improve water quality, mitigate sources of pollution, and control or prevent the spread of invasive species.

(5) A description of the location and nature of significant threats to drinking water supplies.

(6) A summary of existing lake, pond, river, stream, and drinking water protection and preservation measures, including local ordinances.

D. Policies

Minimum policies required to address state goals:

(1) To protect current and potential drinking water sources.

(2) To protect significant surface water resources from pollution and improve water quality where needed.

(3) To protect water resources in growth areas while promoting more intensive development in those areas.

(4) To minimize pollution discharges through the upgrade of existing public sewer systems and wastewater treatment facilities.

(5) To cooperate with neighboring communities and regional/local advocacy groups to protect water resources.

E. Strategies

Minimum strategies to meet state goals:

(1) Amend local land use ordinances as applicable to incorporate stormwater runoff performance standards See SPO's Floodplain programs ordinance website for an educational program for land use decision makers that addresses the relationship between land use and natural resource protection, with a focus on water resources, non-point source pollution, and stormwater runoff.
close consistent with:

a. Maine Stormwater Management Law and Maine Stormwater regulations (Title 38 MRSA §420-D      See this website for the following statutes and rules: http://janus.state.me.us/legis/statutes/38/title38sec420-D.html
close and 06-096 CMR 500      See this website for the following statutes and rules: http://www.maine.gov/sos/cec/rules/06/096/096c500.doc
close and 502.      See this website for the following statutes and rules: http://www.maine.gov/sos/cec/rules/06/096/096c502.doc
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b. Maine Department of Environmental Protection's allocations for allowable levels of phosphorus in lake/pond watersheds. See: Phosphorous Control in Lake Watersheds, A Technical Guide to Evaluating New Development, Maine Department of Environmental Protection, Revised September 1992. This 111-page handbook contains the information needed to evaluate the impact of development on lake water quality in terms of phosphorous pollution and to develop phosphorous controls. The guide is geared primarily for planning boards to help them evaluate development in lake watersheds.
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c. Maine Pollution Discharge Elimination System Stormwater Program

(2) Update the floodplain management ordinance For information on floodplains and sample ordinances see: SPO's Floodplain programs ordinance website
close to be consistent with state and federal standards.

(3) Consider amending local land use ordinances, as applicable, to incorporate low impact development For a discussion on low impact development ideas and other mechanisms for mitigating water quality impacts, see: http://www.mainenemo.org/publication.htm. For Low Impact Development Standards for Stormwater, see: http://www.maine.gov/dep/blwq/docstand/stormwater/stormwaterbmps/
close standards.

(4) Where applicable, develop an urban impaired stream watershed management or mitigation plan that will promote continued development or redevelopment without further stream degradation.

(5) Enact public wellhead and aquifer recharge area protection mechanisms, For a model groundwater protection ordinance, see: http://www.maine.gov/dhhs/eng/water/forms/Sections/ModelOrdinance1-06.rtf
close as necessary.

(6) Make water quality "best management practices"information available to farmers and loggers. For a list of publications of Best Management Practices available through the Maine Department of Environmental Protection, see http://www.maine.gov/dep/blwq/training/npspubl.htm. For a list of non-point source programs, see http://www.maine.gov/dep/blwq/doceducation/nps/programs.htm. This information is available at: www.maine.gov/doc/mfs in the guidebook “Best Management Practices for Forestry: Protecting Maine’s Water Quality” (2004). For ideas on mitigating impacts of camp roads see: http://www.maine.gov/dep/blwq/docwatershed/camp/road.htm
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(7) Adopt water quality protection practices and standards for construction and maintenance of public roads and properties and require their implementation by the community’s officials, employees, and contractors.

(8) Participate in local and regional efforts Also inquire at your local Regional Planning Commission and/or county wide Soil and Water Conservation District about regional watershed efforts
close to monitor, protect and, where warranted, improve water quality.

(9) Provide educational materials at appropriate locations regarding aquatic invasive species. For information on invasive aquatic plants see:http://www.maine.gov/dep/blwq/topic/invasives/index.htm
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8. Critical Natural Resources

A. State Goal

To protect the State's other critical natural resources, including without limitation, wetlands, wildlife and fisheries habitat, sand dunes, shorelands, scenic vistas, and unique natural areas.

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.8(C) to answer the following questions.

(1) Are existing regulations sufficient to protect the community’s critical natural resources threatened by development, overuse, or other activities?

(2) Are local shoreland zone Maine’s mandatory shoreland zoning laws focus upon areas near great ponds, rivers and larger streams, coastal areas, and wetlands. The Shoreland Zoning law requires that municipalities protect shoreland areas through shoreland zoning maps and ordinances. For further information, see: http://www.maine.gov/dep/blwq/docstand/szpage.htm
close standards consistent with state guidelines and with the standards on adjacent shorelands in neighboring towns?

(3) What non-regulatory measures Non-regulatory measures to protect natural resources include working with local, state, and federal land trusts and conservation groups to acquire property and easements in critical areas.
close can the community take to protect critical natural resources? Are there opportunities to partner with local or regional advocacy groups?

(4) Is there current regional cooperation or planning underway to protect shared critical natural resources? Check with regional planning commissions and neighboring towns to determine if there are regional plans being developed to protect natural resources. For ideas on how six towns and conservation organizations are working together to conserve land in southern Maine, see: http://www.mta2c.com/ and http://www.smrpc.org (under Land Use).
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(5) In what other areas will protection of critical natural resources advance comprehensive plan policies (e.g. water resources, economy, recreation, agriculture, and forestry, etc.)?

C. Conditions and Trends

Minimum data required to address state goals:

(1) The community’s Comprehensive Planning Critical Natural Resources Data Set prepared and provided to the community by the Department of Inland Fisheries and Wildlife, Department of Environmental Protection and the Office, or their designees.

(2) A map or description of scenic areas and scenic views of local importance, and regional or statewide importance, if available. The scenic resources of a community are attributes that give it identity and make it an appealing place to live. They may specific, extraordinary views; or they may be vistas of segments in the community, such as traditional working rural landscape, village centers, or historic districts. A community’s scenic resources may also include landmarks or structures that are tied to the identity of the community. If views of regional or statewide importance are not provided in the resource packages, then communities are not required to consider such an element.
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D. Policies

Minimum policies required to address state goals:

(1) To conserve critical natural resources in the community.

(2) To coordinate with neighboring communities and regional and state resource agencies to protect shared critical natural resources.

E. Strategies

Minimum strategies required to address state goals:

(1) Amend local shoreland zone standards to meet current state guidelines.

(2) Designate critical natural resources Critical Natural Resources are defined in this Rule (link to rule definition). A town may also wish to include critical resource areas that may be known or defined on the local level.
close as Critical Resource Areas in the Future Land Use Plan.

(3) Through local land use ordinances, require subdivision or non-residential property developers to look for and identify critical natural resources that may be on site and to take appropriate measures to protect those resources, including but not limited to, modification of the proposed site design, construction timing, and/or extent of excavation. Site design, construction and excavation measures to protect natural resources include avoiding areas prone to flooding, maintaining buffers to avoid impacts of runoff to water bodies, avoiding the use of toxic construction materials and fill, and operating on mats or platforms to reduce soil disturbance. Other suggestions are provided in a Maine DEP fact sheet for designing projects to minimize impacts on natural resources at http://www.maine.gov/dep/blwq/docstand/fsminim.htm. For an example of more specific subdivision ordinance language, see: http://www.smrpc.org/landuse/subord/subord.htm . See also the Maine Beginning with Habitat program “Local Strategies for Conservation” web site at: http://www.beginningwithhabitat.org/community/index.html
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(4) Through local land use ordinances, require the planning board (or other designated review authority) to incorporate maps and information provided by the Maine Beginning with Habitat program For more information on the Maine Beginning with Habitat program, see: http://www.beginningwithhabitat.org/
close into their review process.

(5) Adopt natural resource protection practices and standards for construction and maintenance of public roads and properties and require their implementation by the community’s officials, employees, and contractors.

(6) Initiate and/or participate in interlocal and/or regional planning, management, and/or regulatory efforts around shared critical natural resources. Since habitats and resources will often extend beyond local borders, work with adjacent towns, regional planning agencies, and land trusts to coordinate protection of such natural resources.
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(7) Pursue public/private partnerships to protect critical natural resources such as through purchase of land or easements The conservation easement is a legal document that protects a property’s key features by limiting the type and scope of development that can take place. Easement lands remain in private hands and on local tax rolls while providing such public benefits as open space, scenic vistas and wildlife habitat. More information can be found at http://www.mltn.org/resources/information_resources.html.
close from willing sellers.

(8) Distribute or make available information to those living in or near critical natural resources about applicable local, state, or federal regulations.

9. Historic and Archaeological Resources

A. State Goal

To preserve the State's historic and archaeological resources.

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.9(C) to answer the following questions.

(1) Are historic patterns of settlement still evident in the community?

(2) What protective measures currently exist for historic and archaeological resources and are they effective?

(3) Do local site plan and/or subdivision regulations See sample language for identifying and protecting historic/archeological assets in the model subdivision regulations http://www.smrpc.org/landuse/subord/subord.htm
close require applicants proposing development in areas that may contain historic or archaeological resources to conduct a survey for such resources?

(4) Have significant historic resources fallen into disrepair, and are there ways the community can provide incentives to preserve their value as an historical resource? Historic preservation tax credits are sometimes used to redevelop old buildings for new uses and maintain their historical appeal. Go to http://www.maine.gov/mhpc/tax_incentives/index.html for information on both the Maine and federal program.
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(5) Is there an active historical society and does the community adequately support its efforts?

C. Condition and Trends The following websites contain much of the information needed to conduct an inventory of your town’s historic and archeological assets: Maine Historic Preservation Commission, National Register Information-Historic Places, http://www.maine.gov/mhpc/architectural_survey/communities_surveyed.html, http://www.mainepreservation.org/Endangered/MostEndangeredPropertieslist.shtml
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Minimum data required to address state goals:

(1) The community’s Comprehensive Planning Historic Preservation Data Set prepared and provided to the community by the Historic Preservation Commission, and the Office, or their designees.

(2) An outline of the community's history, including a brief description of historic settlement patterns and events contributing to the development and character of the community and its surroundings.

(3) A brief description of the location, type, extent, condition, use, local, regional, and/or national significance of historic resources, including but not limited to buildings, millworks, bridges, statues, cemeteries, trees, landscapes, and federally and/or locally designated properties and/or districts.

(4) Identify local historical society and/or preservation organizations.

(5) A general description of potential threats to the existence, physical integrity, or quality of identified historic and archaeological resources. Local and statewide historical preservation organizations (the Conditions and Trends annotation above may be helpful) may also provide information on existing and potential threats to many of these structures.
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D. Policies

Minimum policy required to address state goals:

(1) Protect to the greatest extent practicable the significant historic and archaeological resources in the community.

E. Strategies

Minimum strategies required to address state goals:

(1) For sites with identified potential for historical and archeological resources, through local land use ordinances require subdivision or non-residential developers to look for and identify any historical and archaeological resources and to take appropriate measures to protect those resources, including but not limited to, modification of the proposed site design, construction timing, and/or extent of excavation.

(2) Through local land use ordinances, Through either the subdivision review process and/or a site plan review process, local planning boards may have a good deal of authority to amend a physical site plan if historic/archeological resources are on the site. The Comprehensive Plan is a good place to develop an inventory of such resource for applicants and developers. See Section 9.22 of the Ogunquit Land Use Ordinance for an example: http://ogunquit.govoffice.com/
close require the planning board (or other designated review authority) to incorporate maps and information provided by the Maine Historic Preservation Commission into their review process.

(3) Work with the local or county historical society and/or the Maine Historic Preservation Commission to assess the need for, and if necessary plan for, a comprehensive community survey of the community’s historic and archaeological resources.

10. Agricultural and Forest Resources

A. State Goal

To safeguard the State's agricultural and forest resources from development which threatens those resources.

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.10(C) to answer the following questions.

(1) How important is agriculture and/or forestry to the community and region? Are these activities growing, stable, or declining? Are the farms or woodlots in the community important for non-economic reasons, such as scenic landscapes, wildlife habitat, outdoor recreation, or historic significance?

(2) How are land use patterns and land values contributing to the loss of farm or forest land?

(3) What regulatory      Regulatory measures that communities should consider include agriculture or forest protection districts, adopting minimum lot sizes large enough to support small farms and woodlots, and mandatory open space zoning.
close and non-regulatory      Non-regulatory steps include developing a farmer’s market, working with the local chamber or commerce to help market agriculture and timber products, and working with local school lunch programs to incorporate local goods. Outreach and education on the importance of local farms and forest lands is also an option.
close steps is the community currently taking to support productive farm and forest lands? Are there local or regional land trusts      Local land trusts offer conservation options that can enable forest management and continued farming to be economically viable. For more information, see: http://www.mltn.org.
close actively working to protect farms or forest lands in the community?

(4) Are there undeveloped parts of town in which prime farmland soils Prime farmland soils are defined by the US Department of Agriculture as land that is best suited to producing, feed, forage, fiber, and oilseed crops. Such soils have the appropriate soil quality, growing season, a moisture supply needed to produce a high yield of crops while using acceptable farming methods.
close are prevalent? If so, how are these areas currently being used? How are they being protected?

(5) Are farm and commercial forest land owners taking advantage of the state's current use tax laws? The State of Maine has "current use" programs which offer the property owner a reduction in their assessed value for Tree Growth or Farm Land. These programs are available to the property owner through an application process with the local municipality. More information, see: http://www.maine.gov/revenue/propertytax/propertytaxbenefits/CurrentUseLandPrograms.htm#farm.
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(6) Has proximity of new homes or other incompatible uses affected the normal operations of farms or woodlot owners?

(7) Are there large tracts of agricultural or industrial forest land Industrial forest land is generally owned by a commercial forester and is over 1,000 acres.
close that have been or may be sold for development in the foreseeable future? If so, what impact would this have on the community?

(8) Is clear-cutting an issue in the community? Is the clear-cutting related to normal woodlands management, or is it in preparation for land development?

(9) Do local farmers and/or loggers take steps to minimize impacts on natural resources in the community? Do local farms participate in Natural Resource Conservation Service programs? The Natural Resources Conservation Service has provided leadership in a partnership effort to help America's private land owners and managers conserve their soil, water, and other natural resources. The program provides conservation technical assistance to land-users, communities, units of state and local government, and other Federal agencies in planning and implementing conservation systems. For more information, see: http://www.nrcs.usda.gov.
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(10) How does the community support community forestry Project Canopy, through the Maine Forest Service, is one program that encourages the communities to develop community forests, and to actively and wisely manage its community forestry resources in a sustainable manner. Community forests include woodlots, parks, and tree lined streets. For more information, see: http://www.maine.gov/doc/mfs/projectcanopy/index.htm
close or agriculture (i.e. small woodlots, community forests, tree farms, community gardens, farmers’ markets, or community-supported agriculture)?

(11) Does the community have, or need, a street tree or other tree planting and maintenance program?

C. Conditions and Trends

Minimum data required to address state goals:

(1) The community’s Comprehensive Planning Agriculture and Forestry Data Set prepared and provided to the community by the Department of Agriculture, the Maine Forest Service, and the Office, or their designees.

(2) A map and/or description of the community’s farms, farmland, and managed forest lands, The purpose of this map and/or description is to enable the community to adequately and appropriately identify these resources and their role and importance to the community. This information should be readily available to most communities based on local knowledge.
close including information on the importance of these resources to the local and regional economy and rural character.

(3) Information on the number of farms and acres of farmland in the community enrolled in the state farm and open space law taxation program, including changes in enrollment over the past 10-20 years.

(4) Information on the number of parcels and acres of forest land enrolled in the state tree growth tax law program, including changes in enrollment over the past 10-20 years.

(5) A description of any community farming and forestry activities (e.g. street tree program, community garden, farmer’s market, or community forest), including identification of managing officials and/or organizations.

D. Policies

Minimum policies required to address state goals:

(1) To safeguard lands identified as prime farmland or capable of supporting commercial forestry.

(2) To promote the use of best management practices Best Management Practices (BMPs) are a wide range of techniques or procedures that, when used appropriately result in the greatest protection of the environment during the course of a logging operation. Examples of BMP practices include but are not limited to: waterbars, turnout ditches, soil stabilization, and steam crossing avoidance. See the Maine Forest Service BMP publication: http://www.maine.gov/doc/mfs/pubs/bmp_manual.htm and the Maine Department of Agriculture BMP publication: http://www.maine.gov/agriculture/narr/documents/
close for timber harvesting and agricultural production.

(3) To support farming and forestry and encourage their economic viability.

E. Strategies

Minimum strategies required to address state goals:

(1) Consult with the Maine Forest Service district forester Find your Maine Forest Service district forester at http://www.maine.gov/doc/mfs/fpm/ff/foresters.htm
close when developing any land use regulations pertaining to forest management practices.

(2) Consult with Soil and Water Conservation District staff For Soil and Water Conservation District contact information, see: http://www.maineswcds.org/.
close when developing any land use regulations pertaining to agricultural management practices.

(3) Amend land use ordinances to require commercial or subdivision developments in critical rural areas Critical rural areas are rural areas that deserve maximum protection from development. Link to definition in rule.
close to maintain areas with prime farm soils as open space to the greatest extent practicable.

(4) Limit non-residential development in critical rural areas Since critical rural areas warrant a level of conservation that can be achieved only if little development is allowed, adopt measures to assure that viable farm and forest lands are not carved into lots too small for agriculture and forestry operations. Amend land use ordinances to strictly limit non-residential activities in critical rural areas to activities that are compatible with and help sustain rural, nature based activities.

Critical rural areas must receive priority consideration for proactive strategies designed to enhance rural industries, manage wildlife and fisheries habitat and preserve sensitive natural areas. The town of South Berwick has attempted to achieve this with a district surrounding Mt. Agamenticus called the Mt Agamenticus Conservation Zone. See: http://www.southberwickmaine.org/Public_Documents/index.
close to natural resource-based businesses and services, nature tourism/outdoor recreation businesses, farmers’ markets, and home occupations.

(5) Encourage owners of productive farm and forest land to enroll in the current use taxation programs.

(6) Permit activities that support productive agriculture and forestry operations, such as roadside stands, greenhouses, and pick-your-own operations.

(7) Include agriculture and commercial forestry operations in local or regional economic development plans.

11. Public Facilities and Services

A. State Goal

To plan for, finance and develop an efficient system of public facilities and services to accommodate anticipated growth and economic development.

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.11(C) to answer the following questions.

(1) Are municipal services The term “municipal services” refers to a generally broad category of functions a municipality might provide. These functions might include fire, police, recreation, town hall administration, water and sewer services, and others. Even more broadly, the term includes management and operations of actual facilities such as buildings, recreation areas, the town hall itself ,etc.
close adequate to meeting changes in population and demographics?

(2) In what ways has the community partnered with neighboring communities to share services, reduce costs and/or improve services? Has your community worked with neighboring communities on any joint ventures such as sharing a code officer or other staff? Does your community have agreements with other towns for fire protection or emergency services? Does your community share any actual facilities such as libraries, recreation areas or maintenance structures?
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(3) If the community has a public sewer system,      A good definition and layman’s analysis of a sewer system can be found at: http://www.answers.com/topic/sewage-system-mechtech-in-encyclopedia. Public sewer systems are regulated by the Maine Department of Environmental Protection; see this web site for further information: http://www.maine.gov/dep/blwq/engin.htm
close what issues or concerns are there currently and/or anticipated in the future? How is the sanitary district cooperating in the development of the comprehensive plan and related ordinances, as required by law (38 MRSA §1163-A)?      For (38 MRSA §1163-A) see: http://janus.state.me.us/legis/statutes/38/title38sec1163-A.html
close How is the sanitary district extension policy consistent with the Future Land Use Plan as required by (38 MRSA §1163)?      For (38 MRSA §1163) see: http://janus.state.me.us/legis/statutes/38/title38sec1163.html
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(4) If the town does not have a public sewer or water system, to what extent is this preventing it from accommodating current and projected growth?

(5) Are existing stormwater management facilities A stormwater management facility means any structural stormwater management measure, including stormwater management basins and filtration or other treatment systems such as detention ponds, culverts, and/or vegetated swales.
close adequately maintained? What improvements are needed? How might cumulative impacts from future development affect the existing system(s)?

(6) How does the community address septic tank waste? What issues or concerns are there with the current arrangements?

(7) If the community has a public water system, Public water systems are governed by the rules of the Maine Public Utilities Commission. See: http://janus.state.me.us/legis/statutes/35-A/title35-Ach64sec0.html for more info.
close what issues or concerns are there currently and/or anticipated in the future? How is the water district/supplier cooperating in the development of the comprehensive plan and related ordinances? How is the water system extension policy consistent with the Future Land Use Plan?

(8) What school improvements, including construction or expansion, are anticipated during the planning period? What opportunities are there to promote new residential development around existing and proposed schools? What steps will be taken to promote walking and bicycling to school? Many communities are now trying to work with their local school district to find locations for new schools which can be more easily accessed by the greatest number of students, such as in or near village centers. This can save costs associated with busing, leads to greater vitality of downtown areas, and provides opportunities for students to walk or bike to school rather than being driven. To learn more about biking and walking to school, and programs available to provide assistance, see: http://www.maine.gov/mdot/opt/srts.php.
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(9) Is the community’s emergency response system adequate? The town’s emergency response system is the method by which the town responds to police, fire, medical and other emergencies. Recently, there is a trend toward providing these services on a regional level. It is important to examine the efficiency of either the local or regional system.
closeWhat improvements are needed?

(10) How well is the solid waste management system meeting current needs? What is the community doing to reduce the reliance on waste disposal and to increase recycling? For information about your community’s recycling efforts as well as ideas to improve recycling go to: http://www.maine.gov/spo/recycle/.
close What impact will projected growth during the planning period have on system capacity? What improvements are needed to meet future demand? What efforts have been or will be undertaken regionally to improve efficiency and lower cost?

(11) How do public facilities and services support local economic development plans? What improvements are needed in the telecommunications and energy infrastructure?

(12) Does the community have a public health officer? The Town Manager often serves as the health officer, although in Maine the role of this position is not always clear. Are their issues which indicate a need for a more well-defined role for this position? Are there significant public health issues?
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(13) What other public facilities, such as town offices, libraries, or cemeteries, are nearing their respective capacities? How will these facilities accommodate projected growth? Looking at the capacity of various facilities is critical for future capital improvement planning. This involves not only a look at current space needs but projecting population growth into the future and comparing future needs with existing capacity.
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(14) Are the community’s priorities for funding needed improvements reflected in the capital investment plan? Link to capital investment plan section of the rule.
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(15) To what extent are investments in facility improvements directed to growth areas?

C. Conditions and Trends

Minimum data required to address state goals includes the identification of the following as applicable for the public facilities and services in 4.11 (C) (a through i):

(1) location of facilities and service areas (mapped as appropriate);

(2) general physical condition of facilities and equipment;

(3) capacity and anticipated demand during the planning period; For the purposes of capital investment planning and land use planning, a ten year planning period is generally considered suitable for a Comprehensive Plan. This would mean using population projections for that same period.
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(4) identification of who owns/manages the systems;

(5) estimated costs of needed capital improvements to public facilities; and

(6) the following information related to each of these public facilities and services:

a. Sewerage and/or Water Supply – Identify number and types of users, and percent of households served.

b. Septage – Identify any community policies or regulations regarding septage collection and disposal.

c. Solid Waste – Describe the community’s solid waste management system. Identify types and amounts of municipal solid waste and recycled materials for the past five (5) years. For information on your town’s recycling efforts (if they are not available at your town hall), see SPO's solid waste data website. This data includes the amount of goods that are landfilled and recycled.
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d. Stormwater Management – Identify combined sewer overflows. For Municipal Separate Stormwater System (MS4) communities, describe plan and status of the major goals of the MS4 requirements. For information on these issues and regulations, see: http://www.maine.gov/dep/blwq/docstand/stormwater/MS4.htm.
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e. Power and Communications – Availability of electricity (including 3-phase power), telephone, Internet (including broadband), and cable within the community.

f. Emergency Response System –Describe fire, police, and emergency/rescue facilities and equipment. Include average call response times for different services and dispatch location with number of communities served (Public Safety Answering Point, or PSAP), PSAP is short for public safety answering point, a physical location where 911 emergency telephone calls are received and then routed to the proper emergency services. It is not necessarily the same location as the dispatch point. This information can be most readily found through your town hall or the county offices.
close staffing, and training needs; and E911 addressing management system (addressing officer, ordinance, reporting system).

g. Education – Identify school administrative unit. Include primary/secondary school system enrollment for the most recent year information is available and for the ten (10) years after the anticipated adoption of plan. For data on school district enrollment, see: http://www.maine.gov/education/data/studentdata.htm. Data on future enrollment by county is included. However, projected enrollment by school district may need to be obtained from your district or community.
close Describe the extent and condition of pedestrian and bicycle access to school facilities.

h. Health Care - Describe major health care facilities (hospitals, clinics) and other providers serving the community. Identify public health and social services supported by the community through municipal subsidy.

i. Municipal Government Facilities and Services – Describe facilities and staffing for municipal administrative, enforcement, and public works operations. This type of data can usually be found in your community’s most recent Annual Report.
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D. Policies

Minimum policies required to address state goals:

(1) To efficiently meet identified public facility and service needs.

(2) To provide public facilities and services in a manner that promotes and supports growth and development in identified growth areas.

E. Strategies

Minimum strategies to meet state goals:

(1) Identify any capital improvements needed to maintain or upgrade public services to accommodate the community’s anticipated growth and changing demographics. A new municipal capital investment should reflect either the correction of an existing municipal deficiency (such as the lack of an adequate number of ball fields) or the planning for new capacity based on your future population (for instance, a future fire substation or expansion of an existing fire station).
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(2) Locate new public facilities comprising at least 75% of new municipal growth-related capital investments in designated growth areas.

(3) Explore options for regional delivery of local services. A number of initiatives are currently being explored throughout Maine to provide municipal services (such as assessing, code enforcement, police, fire, etc.) on a two or more town level.

For a summary of possible grant funding for regional initiatives as well as some of the work that has already been done, see http://www.maine.gov/dafs/fund.htm.
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12. Fiscal Capacity and Capital Investment Plan Much of the information for this section can be found in Town Halls and in your community’s Annual Reports.

For a good discussion on how to prepare a Fiscal Capacity section see: SPO Comprehensive Planning Manual Chapter 17.
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A. State Goal

To plan for, finance and develop an efficient system of public facilities and services to accommodate anticipated growth and economic development.

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.12(C) to answer the following questions.

(1) In general, are tax revenues from new development offsetting the cost of needed additional services and capital investments?

(2) What are the capital investment and budgeting priorities identified in other sections of the plan?

(3) What changes in the community’s tax base are anticipated and how will it affect the community? What impact do tax exempt properties Tax-exempt property is real property that is not subject to local property taxes. In many local communities, churches, private schools, and government land and buildings are tax-exempt. For Maine information on exemptions see: http://www.maine.gov/revenue/propertytax/sidebar/exemptions.htm
close and tax incentive programs have on taxes?

(4) How does the community currently fund its capital investments? How will future capital investments identified in the plan be funded? Does the community have any impact fee ordinances? For a manual on when and how to develop impact fees, see: SPO's Impact Fee Manual
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(5) If the community plans to borrow to pay for capital investments, does the community have sufficient borrowing capacity to obtain the necessary funds?

(6) How do county and school administrative unit assessments and/or obligations affect local ability to finance proposed capital investments?

(7) How are state or local spending limitations, such as those in P. L. 2005, Chapter 2 (effective June 29, 2005) (hereinafter “LD 1”), affecting the community’s ability to pay for needed infrastructure and services?

(8) What efforts has the community made to participate in or explore sharing capital investments with neighboring communities?

C. Conditions and Trends

Minimum data required to address state goals:

(1) Identify community revenues and expenditures by category for last five (5) years and explain trends.

(2) Describe means of funding capital items (reserve funds, bonding, etc.) and identify any outside funding sources.

(3) Describe the community’s tax base, its degree of stability and any anticipated changes during the planning period. Include local and state valuations and local mil rates A mil rate is actually the towns property tax rate in a ratio of cents per $1,000,000 of valuation. A tax rate of $16.50 means a homeowner would pay $16.50 for every $1,000 of Home Valuation (i.e. a $100,000 home would have a property tax of $1650; the mil rate would be would be .001650).
close for the last five (5) years.

(4) Identify any significant tax-exempt properties.

(5) Calculate current revenue dedicated to tax incentive programs (e.g. tax increment finance district, tree growth, farmland, and open space). This information is available at the local assessor’s office and also at the Maine Department of Revenue website: http://www.maine.gov/revenue/propertytax/propertytaxbenefits/CurrentUseLandPrograms.htm. Information on Tax Increment Financing can be found at http://www.mainebiz.org/business_assistance/tif.asp.
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(6) Identify LD 1 limits for the previous five years. Describe any occasions where LD 1 limits were surpassed, including the purpose and amount.

D. Policies

Minimum policies required to address state goals:

(1) To finance existing and future facilities and services in a cost effective manner.

(2) To explore grants available to assist in the funding of capital investments within the community.

(3) Direct a minimum of 75% of new municipal growth-related capital investments into designated growth areas in the Future Land Use Plan.

(4) To reduce Maine’s tax burden by staying within LD 1 spending limitations.

E. Strategies

Minimum strategies required to address state goals:

(1) Implement the capital investment plan (CInP) by developing a capital improvement program (CIP). For a review of the need for and how to develop a Capital Investment Plan see: SPO Comprehensive Planning Manual , Chapter 17.
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(2) Review and/or update the capital improvement program annually or biennially.

(3) Explore opportunities to work with neighboring communities to plan for and finance shared or adjacent capital investments to increase cost savings and efficiencies. See http://www.maine.gov/dafs/fund.htm for information about the Regional Efficiency Fund and projects that have been funded with that program, including ideas about regional capital investments.
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F. Capital Investment Plan Link to two examples; Blue Hill and Lincolnville.
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The comprehensive plan must include a capital investment plan that:

(1) Identifies and summarizes all anticipated capital investment needs within the planning period, including estimated costs and timing, and identifies which are municipal growth-related capital investments;

(2) Establishes general funding priorities among the community capital investments; and

(3) Identifies potential funding sources and funding mechanisms.

13. Existing Land Use

A. State Goal

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section 4.13(C) and the community’s vision statement to answer the following questions.

(1) How is most recent development occurring: lot by lot; in subdivisions; or in planned developments? How is recent development consistent with the community’s vision?

(2) If the community considers itself rural, urban, or suburban, A community can consider itself predominantly rural, urban or suburban, or a mixture of all three. An urban area is usually the center of town that contains commercial uses and higher density residential development that are served by public water and sewer services. A suburban area is usually predominantly medium density residential development, with some commercial uses, and may not necessarily be served by public water and sewer services. The rural areas are usually located the furthest from town, containing low density residential development, little or no commercial development, and not served by public sewer or water.
close what are the characteristics that contribute to that sense? How does it fit in the regional context?

(3) Is recent development occurring predominantly within or adjacent to traditional settlements or expanding into rural areas?

(4) How effective are current land use regulations and other non-regulatory measures in directing growth to appropriate areas and protecting critical resources? There are a variety of non-regulatory measures that can be used to direct growth to appropriate areas and protect critical resources. One way is to get commitments from local water and sewer districts to not extend their services into designated rural areas. Another way is for the municipality to purchase conservation easements, or work with local land trusts to consider purchasing easements in designated rural areas. Encourage owners of active agriculture and woodlands to take advantage of Farm and Tree Growth Current Use Tax Laws. For more information, see: http://www.maine.gov/revenue/propertytax/propertytaxbenefits/CurrentUseLandPrograms.htm#farm.
close How might they be improved?

(5) How do current regulations promote or inhibit development in keeping with the community’s traditional village or neighborhood character?

(6) Given current regulations, development trends, and population projections, how many new residential units and how much commercial, institutional, and/or industrial development will occur in the planning period? Where will this development go?

(7) What is the community’s administrative capacity to manage its land use regulation program, including planning board and code enforcement officer?

(8) Are environmentally suitable areas within or adjacent to the growth area(s) identified for the location of mobile home parks? Pursuant to Title 30-A M.R.S.A. 4358(3), a municipality must permit mobile home parks to be expanded and developed in environmentally suitable locations. Environmental suitability may include soil types, topography, flood areas, wetlands, and other natural features, or the location within the municipality such as its proximity to industrial land uses, or other public nuisances.
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C. Conditions and Trends

Minimum data required to address state goals:

(1) An existing land use map, by land use classification (such as mixed-use, residential, commercial, institutional, industrial, agricultural, commercial forests, marine, park/recreational, conserved, and undeveloped land). The existing land use map is most useful if it shows the current use of each parcel in the community. The map should contain the following categories: residential, commercial, industrial, transportation systems, recreation, public and cultural, agriculture and forestry, mining, and undeveloped.
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(2) A summary of current lot dimensional standards. Lot dimensional standards include minimum lot size, road or shore frontage, building setbacks, building height, and lot coverage.
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(3) A description or map identifying the location of lots and primary structures created within the last ten years. Include residential, institutional, commercial, and industrial development. A review of building permit records and subdivision records, of electrical utility hook-ups, or a windshield survey will indicate how much development (and of what type) has occurred in each neighborhood or part of town in the last decade.
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(4) A map depicting the constraints to development identified in the plan (may be a combination of maps from other sections). Constraints to development include wetlands, steep slopes, water bodies, hydric soils, shoreland setbacks, and other serious natural constraints, as well as vacant land that is publicly or privately owned and dedicated for open space, parks or preserves.
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(5) Identify locations in the community where mobile home parks are allowed. The regulation of mobile home parks can be found in 30-A M.R.S.A. Section 4358. Search for statutes at http://janus.state.me.us/legis/statutes/
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(6) Provide a brief description of existing land use regulations and other tools utilized to manage land use, including shoreland zoning, The Mandatory Shoreland Zoning Act can be found in 38 M.R.S.A. Section 438, and Maine Department of Environmental Regulation Chapter 1000 provides guidelines to comply with the Act. See the MDEP Chapter 1000 guidelines at: http://www.maine.gov/dep/blwq/docstand/szpage.htm
close floodplain management, The Maine Floodplain Management Program (MFMP) provides technical information, floodplain maps and model ordinances to communities interested in joining the National Floodplain Insurance Program, as well as to participating communities. The National Flood Insurance Program (NFIP) is a voluntary program that offers community residents the opportunity to purchase flood insurance provided by the Program in exchange for the community's commitment to practice sound land use management. More information on this program can be found at the State Planning Office or see SPO's Flood Plain Management Program
close subdivision, site plan review, and zoning ordinances.

(7) Estimate the minimum amount of land needed to accommodate projected residential, institutional, commercial, or industrial development at least ten (10) years into the future. A build-out scenario projects past development patterns into the future. Create a build-out scenario based on the town’s expected population, household, and commercial growth to determine what the community will look like at the end of the next 10 years. To do a build-out scenario manually, do the following: 1) identify vacant, developable land, 2) reduce the total acreage by 15% to account for new roads, odd shaped land, etc, 3) based on the minimum lot size and density requirements of the zoning ordinance, calculate the number of house lots that could be developed on this acreage, 4) sketch the new house lots into the areas identified as vacant and developable. Software programs like CommunityViz can also perform build-out scenarios.
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See Section 3. Future Land Use Plan for land use policies.

See Section 3. Future Land Use Plan for land use strategies.

STATUTORY AUTHORITY: 30-A M.R.S.A. §§ 4312(4) and 4347-A(3-A)

EFFECTIVE DATE: September 20, 2007

Land Use Planning Program

Land Use Planning

Comprehensive Plan Review Criteria Rule (Annotated)

SECTION 1. General Provisions and procedures

1. Purpose

2. Definitions

3. Transition from Chapter 202 If there are questions regarding these options, please contact the Office at 800-662-4545 or email Phil Carey at SPO. close

4. Submission Requirements

5. Review Process

6. Consistency Findings

7. Appeal of a Finding of Inconsistency

8. Duration of Consistency Findings

9. Review of Amendments to Approved Comprehensive Plans Contact the Office at 800-662-4545 or Phil Carey at SPO for more information if you have questions regarding the scope of the proposed amendments and to discuss the review process for amendments. close

SECTION 2. Required Elements

1. Vision Statement

2. Public Participation Summary

3. Regional Coordination Program

4. Future Land Use Plan

5. Topic Area Components

6. Applicability

7. Plan Implementation

8. Evaluation

9. Self-Assessment Checklist

10. Certification

Section 3. Future Land Use Plan

1. State Goal

2. Future Land Use Plan Overview

3. Review Criteria for Future Land Use Plan Designations

4. Required Elements for the Future Land Use Plan

5. Criteria for Growth Area Exemptions

SECTION 4. Required Topic Areas

1. Population and Demographics

2. Economy

3. Housing

4. Transportation

5. Recreation

6. Marine Resources (if applicable) This section may not apply if your town is not in the Maine coastal zone. For a list of towns in the Maine coastal zone, see: The Maine Coastal Programs list of communities in the coastal zone. close

7. Water Resources

8. Critical Natural Resources

9. Historic and Archaeological Resources

10. Agricultural and Forest Resources

11. Public Facilities and Services

12. Fiscal Capacity and Capital Investment Plan Much of the information for this section can be found in Town Halls and in your community’s Annual Reports. For a good discussion on how to prepare a Fiscal Capacity section see: SPO Comprehensive Planning Manual Chapter 17. close

13. Existing Land Use

3. Transition from Chapter 202 If there are questions regarding these options, please contact the Office at 800-662-4545 or email Phil Carey at SPO.
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9. Review of Amendments to Approved Comprehensive Plans Contact the Office at 800-662-4545 or Phil Carey at SPO for more information if you have questions regarding the scope of the proposed amendments and to discuss the review process for amendments.
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6. Marine Resources (if applicable) This section may not apply if your town is not in the Maine coastal zone. For a list of towns in the Maine coastal zone, see: The Maine Coastal Programs list of communities in the coastal zone.
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12. Fiscal Capacity and Capital Investment Plan Much of the information for this section can be found in Town Halls and in your community’s Annual Reports.

For a good discussion on how to prepare a Fiscal Capacity section see: SPO Comprehensive Planning Manual Chapter 17.
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