CURRENT NEWS AND TIMELY TIPS

Land Use Permits

What is a land use permit?

For the purpose of this document we will consider it as a permit issued by a government agency that affects how a property is utilized. A building permit is a common example. You must secure a building permit from the town prior to erecting your home. Another type of local permit is a conditional use permit which when secured allows a use, such as a day care, to be operated on the property. The local Zoning Ordinance specifies which uses are allowed, disallowed or allowed by conditional use. Each town and city is allowed to create its own Zoning Ordinance so that even the definition of terms may be different in each town's ordinance. Always check the current edition of the ordinance in the town where you are working.

Why do I need other permits besides a building permit?
The building permit you get from your local town official is a local permit that is administered by the local building official. The purpose of the local building permit is to ensure that you meet the local ordinances governing building construction. State and federal agencies regulate placement of structures and fill in environmentally sensitive areas such as wetlands and sand dunes. Local ordinances may also regulate construction in these areas and a separate permit may be needed from the local planning board.

What state permits may be required?
In the State of Maine the following is a partial list of permits that may apply to you:

• Sand Dune Permit

• Wetlands Fill Permit

• Site Location Permit

• Subsurface Waste Disposal System (septic system)

• Conditional Use Permit

• Occupancy Permit

What is a Sand Dune Permit?
The State of Maine regulates development on sand dune areas. The amount and type of development are regulated as well as the location of development. The Sand Dune Rules strictly limit development on the frontal dune (dune closest to the sea) and for practical purposes does not allow new construction on the frontal dune. New construction on back dune areas may be allowed.

I bought the lot expecting to build on it in the future, can my permit application be denied?
The answer is yes. With any permit request there is a possibility of being denied. If you feel you have been unjustly denied and that the facts you presented were not given proper consideration, then you can appeal the decision to the proper authority.

Why didn't the Code Enforcement Officer tell me that I needed a permit from the Army Corps of Engineers to fill the wet area around my home?
In general, the Code Enforcement Officer (CEO) is not trying to administer permits for other governmental agencies. Many local towns have a wetlands ordinance for the town and the CEO is responsible for these. Most CEO's will let you know about third party permits that you need especially if they overlap local ordinances. If you are in doubt ask. The State DEP (Maine) and DES (New Hampshire) offices have people on staff to answer your questions.

Why do I need multiple permits from Federal, State and Local officials?
The simple answer is that each entity has a separate ordinance, rule or regulation. In the case of wetlands permits the states of New Hampshire and Maine have been working with the U.S. Army Corps of Engineers to create a single permit application for simultaneous submittal to both state and federal agencies. In these states there are still some projects where both a federal and state permit may be needed, but if you apply on the combined application and one agency decides, based on your project's impact that they need a different permit application, they will tell you. The activity you are proposing may not be regulated by local ordinance or the local ordinance may be more strict than either the state or federal regulation. Some local towns do require a wetlands alteration permit from the town's planning board in addition to any state or federal permit.

What other permits could apply to a commercial development project?

A commercial site development may need to be reviewed to ensure compliance with the conditions of the Zoning Ordinance and/or Site Plan Review Ordinance. Typically the Planning Board reviews the site plan and approves it.

How long is a permit good for?
There is no simple answer. Each permit may have a different length. Most permits which allow you to build something will allow you a reasonable period to perform the work, but if it isn't substantially completed the permit will lapse and you will need to start over. Some permits allow for extensions. You need to carefully read the permit and file for extensions at the appropriate times. Even subdivision plan approvals have time limits in many towns.

Roaring Brook Consultants Inc has been in business for 30+ years and looks forward to putting this background to work for you. If you have a permitting question or need assistance in preparing to file a permit give us a call. We will glad to answer your questions and provide you with a proposal for your project, free of charge.