CHAPTER 431
S.P. 360 - L.D. 1198
An Act to Refine the Subdivision and Redistricting Authority of the Maine Land Use Regulation Commission
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §682, sub-§2, as repealed and replaced by PL 1991, c. 687, §1, is repealed.
Sec. 2. 12 MRSA §682, sub-§2-A is enacted to read:
2-A. Subdivision. Except as provided in section 682-B, "subdivision" means a division of an existing parcel of land into 3 or more parcels or lots within any 5-year period, whether this division is accomplished by platting of the land for immediate or future sale, by sale of the land or by leasing.
The term "subdivision" also includes the division, placement or construction of a structure or structures on a tract or parcel of land resulting in 3 or more dwelling units within a 5-year period.
Sec. 3. 12 MRSA §682-B is enacted to read:
§682-B. Exemption from subdivision definition
A division accomplished by the following does not create a subdivision lot or lots unless the intent of the transfer is to avoid the objectives of this chapter.
1. Gifts to relatives. A division of land accomplished by gift to a spouse, parent, grandparent, child, grandchild or sibling of the donor of the lot or parcel does not create a subdivision lot if the donor has owned the lot or parcel for a continuous period of 5 years immediately preceding the division by gift and the lot or parcel is not further divided or transferred within 5 years from the date of division.
2. Transfer to governmental entity. A lot or parcel transferred to a municipality or county of the State, the State or an agency of the State is not considered a subdivision lot if the following conditions are met:
A. The lot or parcel is held by the governmental entity for the conservation and protection of natural resources, public outdoor recreation or other bona fide public purposes and is not further sold or divided for a period of 20 years following the date of transfer; and
B. At the time of transfer the transferee provides written notice to the commission of transfer of the lot or parcel, including certification that the lot or parcel qualifies for exemption under this subsection.
3. Transfer to conservation organization. A lot or parcel transferred to a nonprofit, tax-exempt nature conservation organization qualifying under the United States Internal Revenue Code, Section 501(c)(3) is not considered a subdivision lot if the following conditions are met:
A. For a period of at least 20 years following the transfer, the lot or parcel must be limited by deed restriction or conservation easement for the protection of wildlife habitat or ecologically sensitive areas or for public outdoor recreation; and
B. The lot or parcel is not further divided or transferred except to another qualifying nonprofit, tax-exempt nature conservation organization or governmental entity.
4. Transfer of lots for forest management, agricultural management or conservation of natural resources. A lot or parcel is not considered a subdivision lot if the following conditions are met:
A. The lot is transferred and managed solely for forest management, agricultural management or conservation of natural resources;
B. The lot is at least 40 acres in size;
C. If the lot is less than 1,000 acres in size, no portion of the lot is located within 1,320 feet of the normal high water line of any great pond or river or within 250 feet of the upland edge of a coastal or freshwater wetland as defined in Title 38, section 436-A;
D. The original parcel from which the lot was divided is divided into an aggregate of no more than 10 lots within any 5-year period; and
E. When 3 to 10 lots each containing at least 40 acres in size are created within any 5-year period, a plan is recorded in accordance with section 685-B, subsection 6-A. Any subsequent division of a lot created from the original parcel within 10 years of the recording of the plan in the registry of deeds or any structural development unrelated to forest management, agricultural management or conservation creates a subdivision and may not occur without prior commission approval.
5. Unauthorized subdivision lots in existence for at least 20 years. A lot or parcel that when sold or leased created a subdivision requiring a permit under this chapter is not considered a subdivision lot and is exempt from the permit requirement if the permit has not been obtained and the subdivision has been in existence for 20 or more years. A lot or parcel is considered a subdivision lot and is not exempt under this subsection if:
A. Approval of the subdivision under section 685-B was denied by the commission and record of the commission's decision was recorded in the appropriate registry of deeds;
B. A building permit for the lot or parcel was denied by the commission under section 685-B and record of the commission's decision was recorded in the appropriate registry of deeds;
C. The commission has filed a notice of violation of section 685-B with respect to the subdivision in the appropriate registry of deeds; or
D. The lot or parcel has been the subject of an enforcement action or order and record of that action or order was recorded in the appropriate registry of deeds.
6. Permit not required. Nothing in this section requires a permit for, or restricts the use of property for, hunting, fishing or other forms of primitive recreation, use of motorized vehicles on roads and trails or snowmobiling as otherwise permitted by law.
Sec. 4. 12 MRSA §685-B, sub-§6-A, ¶¶A and B, as enacted by PL 1991, c. 687, §2, are amended to read:
A. When 3 to 10 lots each containing at least 40 acres are created within a 5-year period and are located more than 1,320 feet from the normal high water line of any great pond or river and more than 250 feet from the upland edge of a coastal or freshwater wetland as defined in Title 38, section 436-A, a plan showing the division of the original parcel must be filed by the person creating the 3rd lot with the commission within 60 days of the creation of that lot. The plan must state that the lots may be used only for forest management, agricultural management or conservation of natural resources.
B. A register of deeds may not record any plan depicting these lots within the unorganized and deorganized lands of the State unless the commission's certification that the division qualifies under section 682, subsection 2, 3rd paragraph 682-B is evidenced on the plan. The commission must determine whether the plan qualifies under section 682, subsection 2, 3rd paragraph 682-B within 15 business days of receipt of the plan.
Sec. 5. 12 MRSA §685-B, sub-§6-B, as enacted by PL 1997, c. 335, §1, is repealed.
Sec. 6. 38 MRSA §480-Q, sub-§7-A, ¶D, as enacted by PL 1989, c. 838, §6, is amended to read:
D. Any road construction is not used to access development but is used primarily for forest management activities, unless the road is removed and the site restored to its prior natural condition. Roads must be the minimum feasible width and total length consistent with forest management activities. This exemption does not apply to roads that provide access to development in a subdivision as defined in Title 30-A, section 4401, subsection 4, for the organized portions of the State, or Title 12, section 682, subsection 2 2-A, including divisions of land exempted by Title 12, section 682, subsection 2, paragraph A 682-B, for portions of the State under the jurisdiction of the Maine Land Use Regulation Commission.
Sec. 7. Report. The Maine Land Use Regulation Commission shall review its subdivision review process, including ways to reduce processing time and cost and to increase predictability, and shall report its findings along with any suggested implementing legislation to the Joint Standing Committee on Agriculture, Conservation and Forestry no later than December 31, 2001. The Joint Standing Committee on Agriculture, Conservation and Forestry may report out a bill during the Second Regular Session of the 120th Legislature implementing the recommendations in the report.
Sec. 8. Application. Nothing in this Act is intended or may be interpreted to require a person to obtain a permit pursuant to the Maine Revised Statutes, Title 12, section 685-B for any division of land occurring prior to the effective date of this Act if that division of land did not require such a permit prior to the effective date of this Act.
Effective September 21, 2001, unless otherwise indicated.
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