A Practical Guide to Land Use in Maine
Guidance for transactional and regulatory practice
- Product Number: 2170247B00
- Publication Date: 12/2/2021
- Edition: 1st Edition 2016, with 2018 & 2021 Supplements
- Copyright: © 2021 MCLE, Inc.
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Licensing, permitting, municipal growth management and zoning, subdivision law, enforcement of land use regulations, easements, wind energy, and shoreland zoning—these are just a few of the statutory and administrative topics covered in A Practical Guide to Land Use in Maine. An expert cadre of fifteen of Maine's land use law practitioners present a comprehensive and practical treatment of topics surrounding protection, use, and regulation impacting every hectare of Maine's diverse geography—its mountains, forests, agricultural lands, municipalities, public and private lands, water bodies, and its coastline. Judicial review, remedies and enforcement, state agency appeals, takings, the role of the state's land use planning commission, and many state and federal statutes are referenced and explained in this essential practice guide.
Update: November 2021
Thank you for choosing to keep your copy of A Practical Guide to Land Use in Maine up to date with this 2021 supplement. The following are highlights of just some of the many updates youâ€™ll find in this supplement.
- See chapter 13, Maine Land Use Law on Public Access, for new discussion explaining the scope of the public trust doctrine, including fishing, fowling, and navigation versus the common law reasonable balance test.
- See chapter 14, Private Access Rights, for guidance on how to proceed if right, title, or interest is disputed in the context of land use permitting.
- See chapter 17, Takings, for information on determining whether a regulation constitutes a taking and an analysis of the U.S. Supreme Court's 2021 decision in Cedar Point Nursery v. Hassid.
We at MCLE â”‚ New England hope that you find this updated publication useful in your practice and in keeping your resource library current.
Alexis J. LeBlanc, Esq., Publications Attorney
Update: November 2018
Thank you for choosing to keep your copy of A Practical Guide to Land Use in Maine up to date with this supplement for 2018. Inside, you will find many new discussions, analyses, and cites on topics including, but not limited to, the following:
- In Chapter 2, find information on the legislature's clarification of the scope of ZBA authority, in Legislative Document 1381, An Act to Clarify Appeals of Municipal Land Use Decisions, 2017 Me. Laws, c. 241.
- In Chapter 3, read an analysis of a 2017 Law Court ruling that, when an ordinance requires appellate review, even a CEO decision must include sufficient findings of fact to allow review by the ZBA, and the ZBA may not conduct a de novo review to "fix" inadequate CEO findings of fact.
- In Chapter 7, find information on the Governor's Executive Order and Moratorium on Wind Power Permitting.
- In Chapter 8, see an explanation of the "adjacency principle," which is used when reviewing proposals to rezone for new development, and discussion of the commission's 2018 reevaluation of its longstanding interpretation of this principle as a requirement that areas to be rezoned for development must be within one road mile of existing compatible development.
- See Chapter 10 for a reporting on the "Brownfields Utilization, Investment, and Local Development Act of 2018" (BUILD Act), signed into law by the Trump administration in 2018.
- See Chapter 12 for a case where a defendant holder of a conservation easement sought to enforce a restriction in the easement prohibiting commercial activities to prevent a nonprofit ecology school from operating on the property. Find out how the Superior Court interpreted the term "commercial."
- See Chapter 13 for discussion of a case wherein the Maine Supreme Court is currently considering an appeal regarding the public's right, or lack thereof, to harvest seaweed that is attached to and growing on private intertidal land.
- See Chapter 17 for a practice note on what the plaintiff must do when pursuing a declaratory judgment action seeking a ruling that an ordinance is an unconstitutional regulatory taking, either facially or as applied.
We at MCLE trust that you will be pleased with these updated chapters and find them valuable in your land use library and practice.
Maryanne G. Jensen, Esq., Director of Publications
- Update: November 2021
Table of Contents
Table of Contentsexpand allChapter 1 expand
Statutory and Administrative FrameworkBuy ChapterChapter 2 expand
Municipal Land Use ControlsBuy ChapterChapter 3 expand
Judicial Review of Municipal Land Use DecisionsBuy ChapterChapter 4 expand
Site Location of Development ActBuy Chapter
Exhibit 4A- Municipal Capacity or Delegated Authority Status Under Site Law Buy FormChapter 5 expand
Stormwater and Erosion ControlBuy ChapterChapter 6 expand
The Natural Resources Protection ActBuy ChapterChapter 7 expand
Wind Energy ActBuy ChapterChapter 8 expand
Land Use Planning CommissionBuy ChapterChapter 9 expand
State Agency AppealsBuy ChapterChapter 10 expand
Contaminated Property—Liability, Transactions, and RemediationBuy ChapterChapter 11 expand
The Maine Uniform Environmental Covenants ActBuy ChapterChapter 12 expand
Conservation Easements and Related TopicsBuy ChapterChapter 13 expand
Maine Land Use Law on Public AccessBuy ChapterChapter 14 expand
Private Access RightsBuy Chapter
Exhibit 14A- Demonstration of Title Issues in Easement Creation Buy FormChapter 15 expand
Forestry and Agricultural Land UseBuy Chapter
Exhibit 15A- Statewide Average Value of Farmland by Category Buy Form
Exhibit 15B- 2021 Per-Acre Tree Growth Valuations in Cumberland County Buy Form
Exhibit 15C- Application Process for Forestry Operations Permits, Road Construction Permits, Bridge Construction Permits, Water Crossings, Gravel Pits Less Than Five Acres, and Gravel Pit Addendums to Road Permits Buy Form
Exhibit 15D- Timber Harvesting and Related Activities in LUPC’s Jurisdiction Buy FormChapter 16 expand
Municipal Enforcement of Land Use ViolationsBuy Chapter
Exhibit 16A- Sample Documents That Can Be Used in Conjunction with Obtaining an Administrative Search Warrant Buy Form
Exhibit 16B- Checklist of Information to Include in a First Written Notice of Land Use Violation in Maine Buy Form
Exhibit 16C- Checklist of Information to Include in a Second Written Notice of Land Use Violation in Maine Buy Form
Exhibit 16D- Sample Rule 80K Citation and Complaint Buy FormChapter 17 expand
Exhibit 17A- Checklist to Determine Whether a Regulatory Taking Has Occurred in the State of Maine Buy Form
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