Proposed Fish River Lakes Concept Plan
Last Updated: August 29, 2019
Irving has filed a Petition for Rezoning (ZP 768) and related concept plan proposal with the Commission. The proposal involves rezoning a portion of Irving's land in the Fish River Lakes region in Aroostook County to a Resource Plan Protection (P-RP) Subdistrict in order to implement the concept plan. This web page is intended to serve as a source of information about the concept plan proposal and the Commission’s review. This page, which will be updated periodically throughout the Commission’s review process, provides information on the following:
- Concept Plans and the Commission's Review Criteria
- Review Process and Public Participation
- Project Information and Chronology
Documents are provided in a PDF format. To view PDF documents, you will need the free Adobe Reader.
Concept plans are landowner-created, long-range plans for the development and conservation of a large area. These plans are a clarification of long-term landowner intent that indicate, in a general way, the areas where development is to be focused, the relative density of proposed development, and the means by which significant natural and recreational resources are to be protected. The Commission established the concept plan process as a flexible alternative to traditional subdivision and development regulation, designed to accomplish both public and private objectives. Concept plans are initiated by a landowner and must be approved by the Commission.
Concept plans are implemented by rezoning land to a Resource Plan Protection (P-RP) Subdistrict. Consequently, the key regulatory review criteria for concept plans are the Commission's statutory criteria for rezoning and the Commission's Land Use Districts and Standards. The Commission's Comprehensive Land Use Plan also describes concept plans in its discussion of the Commission’s lake management program. The statutes and rules containing the criteria for approval and other reference material are summarized in the following table.
|Document Title and Description||Links|
|LUPC REVIEW CRITERIA:|
|Title 12 Land Use Law – The Commission's enabling statute, including review criteria for amendment or adoption of land use district boundaries||12 M.R.S. §§ 681 et.seq.
Refer to Section 685-A(8-A)
|Commission's Land Use Districts and Standards (Ch. 10) – Contains description of the Commission's P-RP subdistrict, including a purpose statement, permitted uses, and review criteria||Ch 10: Land Use Districts and Standards
Refer to Section 10.23,H (P-RP)
|LUPC PROCEDURAL RULES:|
|Commission's Rules of Practice (Ch. 4) – Addresses public notice requirements, when to hold a public hearing, and procedures for reviewing and processing a rezoning petition||Ch 4: Rules of Practice (PDF)
|Commission’s Rules for the Conduct of Public Hearings (Ch. 5) – Outlines how public hearings are conducted, the process for intervening and participating as a party, and the delivery of testimony||Ch 5: Rules for the Conduct of Public Hearings (PDF)||ADDITIONAL REFERENCE MATERIALS:|
|Comprehensive Land Use Plan – Includes description of the Commission's concept plan process, including a discussion of the general purpose and basic requirements of concept planning
||Comprehensive Land Use Plan (PDF)
Refer to Appendix C, pages C-5 through C-7
|Concept Planning Overview and Guidance Document||Concept Planning Overview and Guidance (PDF)|
|Examples of Resource Protection Plans – A complete list of resource protection plans (P-RP subdistricts) existing within the unorganized and deorganized areas of the state, including all concept plans approved by the Commission to date||Resource Protection Plans (PDF)|
Review Process Graphic (PDF 98 KB)
The major steps of the Commission's review process are as follows:
- Receipt of initial application. Upon receipt the Petition and Fish River Lakes Concept Plan proposal, Petition materials are made available for public inspection and review.
- Review and acceptance of Petition as complete for processing. The LUPC staff perform an initial review of the Petition content and identify any additional information needed in order to find the Petition is complete for processing. The petitioner has the opportunity to submit additional information, as necessary. Staff then determine whether the Petition is complete and formal review (i.e., processing of the Petition) may begin.
- Review of application by Commission staff. The LUPC staff undertake a detailed review and analysis of the Petition. This includes meetings with the petitioner, state and federal review agencies, and others to clarify issues and request more information, if needed. The Petition is provided to various state and federal agencies for review and comment. The staff also may engage independent consultants to review Petition materials or gather information on issues that staff believe necessary and legally relevant.
- Public hearings scheduled. Once the LUPC staff complete gathering and analyzing information and the Petition is deemed complete for processing, the Commission begins its formal public hearing process. The public hearing process enables the Commission to gather information and ask questions of the petitioner and others who testify, and allows the petitioner and others the opportunity to address the Commission and answer questions. The public hearing process includes posting the proposal to public hearing, providing notice of public hearings in newspapers and to interested persons, ruling on any petitions to intervene, holding pre-hearing conferences, and hosting one or more public hearings to receive testimony regarding the proposal.
- Commission decision. After the public hearings, the hearing record remains open for at least 10 days to allow persons to submit written comments, and for at least an additional 7 days for filing rebuttal comments. After that time, the public hearing record may be reopened by the Commission, as necessary. Once the hearing record is closed, the Commission makes a decision on the proposal.
A formal public review and comment period will be established as part of the Commission's review process and the Commission will hold a public hearing(s) to gather oral and written testimony from members of the public, intervenors and interested persons about the proposal.
Timetable of Events
The table below lists meetings, public hearings, and other public events related to the review of this proposal. The table also includes project updates, as well as links to certain Petition materials submitted by Irving, any procedural orders or pre-filed testimony, and any state or federal governmental agency comments. The table will be updated throughout the review process.
|Date||Project Update or Event||Additional Information|
|8/21/2019||Final Commitments and Statements|
|8/5/2019||Eighth Procedural Order||
|8/14/2019||Staff Suggested Edits||
|7/1/2019||Written Comments – Intervenors and Interested Persons|
|6/7/2019||Revised Petition (Note: This revised plan supersedes prior versions)|
|6/7/2019||Governmental Agency Comments||
|5/17/2019||Seventh Procedural Order||
|7/13/2018||Written Comments [The following documents include all written comments submitted between the closing of the comment period noon on June 22 through noon on July 13.]|
[The following documents include all written comments submitted between the hearing and the closing of the comment period on June 22.]
|5/22/2018 - 5/24/2018||Public Hearing |
The following document includes hyperlinks to all audio files, visual aids, and handouts that were part of the public hearing.
|Hearing Record (PDF 113KB)|
|5/16/2018||Hearing Resources||Reference Sheets|
|5/11/2018||Sixth Procedural Order||Procedural Order (PDF 148KB)|
|5/2/2018||Petitioner Pre-filed Testimony||Irving
|5/2/2018||Intervenor Pre-Filed Testimony||Fish River Lakes Leaseholders Association
Forest Society of Maine
Natural Resources Council of Maine
|5/2/2018||Governmental Agency Pre-Filed Comments||
Aroostook County Commissioners (PDF 350KB)
Bureau of Parks and Lands (PDF 291KB)
Department of Inland Fisheries and Wildlife (PDF 251KB)
Maine Forest Service (PDF 5.7MB)
Maine Department of Environmental Protection (PDF 203KB)
Town of Van Buren (PDF 50KB)
(Note: These materials have been superseded by the June 7, 2019 filing.)
|4/9/2018||Fifth Procedural Order||
[NOTE: The updates and revisions described in the outline will be posted on the web April 13th]
|3/16/2018||Fourth Procedural Order||
|12/12/2017 through 2/28/2018||
Governmental Agency Comments Received to Date
|12/29/2017||Interested Persons Issues Lists|
|12/11/2017||Intervenor Issues Lists|
|11/1/2017 through 3/20/2018||Governmental Agency and Service Provider Comments Received to Date
(NOTE: See other similar items listed for 09/13/2017 through 10/31/2017 entry)
|11/1/2017 through 12/11/2017||Public Comments||Public Comments (PDF 15KB)|
|11/17/2017||Third Procedural Order||Procedural Order (PDF 58KB)|
|11/2/2017||Second Procedural Order||Procedural Order (PDF 55KB)|
|9/13/2017 through 10/31/2017||Governmental Agency and Service Provider Comments Received to Date|
|10/19/2017||First Procedural Order||Procedural Order (PDF 83KB)|
|10/6/2017||Commissioner Meeting and Public Site Visit||
|9/6/2017||Hearing Notice||Hearing Notice (PDF 41KB)|
|9/6/2017||Commission Response – Commission finds the petition is complete for processing||Commission Memo (PDF 165KB)|
|8/9/2017||Commission Meeting(Hearing determination and designation of presiding officer)||Meeting Record (PDF 98KB)|
|6/1/2017||Petition Amendment Filed with the LUPC||
|3/13/2015||Commission Response – (Commission staff notified the applicant that additional application materials were needed in order to find the petition complete for processing.)|
||Petition Filed with the LUPC
(NOTE: This submission has been superseded by the 6/1/2017 submission, and again by the 6/7/2019 submission.)
|Notice of Filing of Rezoning Petition||Notice of Filing (PDF 456 KB)|
||Pre-application presentation to Commission|
|06/12/2013||Pre-application presentation to Commission|