Product Description

Recent updates:

• Update: November 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of A Practical Guide to Land Use in Maine This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice. Highlights from the issues addressed in the 2023 edition include

  • a 2022 Law Court opinion on the unconstitutional impairment of vested rights in the context of large-scale infrastructure development;

  • recent decisions addressing the scope of zoning board of appeals (ZBA) review of decisions by code enforcement officers;

  • a discussion of the good cause exception to the requirements for filing timely ZBA appeals, including a 2023 Law Court decision emphasizing the limited nature of the exception;

  • guidance on interpreting ambiguous ordinances that restrict the use of property;

  • an updated analysis of standing issues, addressing the circumstances that would constitute "particularized injury" for purposes of ZBA appeals;

  • amendments to the laws and regulations governing mining and wind power;

  • new legislation on renewable energy sources and the state's selection of related project proposals;

  • decisions construing the scope of the Maine Administrative Procedure Act;

  • a 2022 decision of the U.S. District Court for the District of Maine questioning, but not deciding, whether the Maine Recreational Land Use Statute shields property owners from liability for vehicular negligence;

  • ongoing actions to address contaminated properties, including an expanded definition of "hazardous substances"; and

  • recent case law on what constitutes an unconstitutional taking of property.

  We trust you will find this updated version of A Practical Guide to Land Use in Maine an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq. MCLE Publications Attorney

Table of Contents

Chapter 01 expand

Statutory and Administrative Framework

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Georgia M. Bolduc, Esq., Pierce Atwood LLP

Chapter 02 expand

Municipal Land Use Controls

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Georgia M. Bolduc, Esq., Pierce Atwood LLP
Brian McKay Rayback, Esq., Pierce Atwood LLP

Chapter 03 expand

Judicial Review of Municipal Land Use Decisions

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Joshua C. Weisberg, Esq.,

Chapter 04 expand

Site Location of Development Act

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Brian McKay Rayback, Esq., Pierce Atwood LLP

Chapter 05 expand

Stormwater and Erosion Control

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Emily J. Dupraz, Esq., Morgan Lewis

Chapter 06 expand

The Natural Resources Protection Act

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Brian McKay Rayback, Esq., Pierce Atwood LLP

Chapter 07 expand

Wind Energy Act

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Juliet T. Browne, Esq., Verrill Dana LLP

Chapter 08 expand

Land Use Planning Commission

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Georgia M. Bolduc, Esq., Pierce Atwood LLP
Brian McKay Rayback, Esq., Pierce Atwood LLP

Chapter 09 expand

State Agency Appeals

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Gordon R. Smith, Esq., Verrill Dana LLP

Chapter 10 expand

Contaminated Property—Liability, Transactions, and Remediation

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Georgia M. Bolduc, Esq., Pierce Atwood LLP
Lisa Gilbreath, Esq., Pierce Atwood LLP

Chapter 11 expand

The Maine Uniform Environmental Covenants Act

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Georgia M. Bolduc, Esq., Pierce Atwood LLP
Lisa Gilbreath, Esq., Pierce Atwood LLP

Chapter 12 expand

Conservation Easements and Related Topics

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James L. Costello, Esq., Curtis Thaxter LLC
Tyler C. Costello, Curtis Thaxter

Exhibit 12A

- List of Resources Buy Form

Chapter 13 expand

Maine Land Use Law on Public Access

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Gordon R. Smith, Esq., Verrill Dana LLP

Chapter 14 expand

Private Access Rights

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David M. Kallin, Esq., Drummond Woodsum
Joanna B. Tourangeau, Esq., Drummond Woodsum

Chapter 15 expand

Forestry and Agricultural Land Use

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Michael L. Lane, Esq., Preti Flaherty Beliveau & Pachios LLP

Exhibit 15A

- Suggested 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 Form

Chapter 16 expand

Municipal Enforcement of Land Use Violations

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Leah B. Rachin, Esq., Drummond Woodsum

Checklist 16.1

- Checklist of Information to Include in a First Written Notice of Land Use Violation in Main Buy Form

Checklist 16.2

- Checklist of Information to Include in a Second Written Notice of Land Use Violation in Maine Buy Form

Exhibit 16A

- Sample Documents That Can Be Used in Conjunction with Obtaining an Administrative Search Warrant Buy Form

Exhibit 16B

- Sample Rule 80K Citation and Complaint Buy Form

Chapter 17 expand

Takings

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Joshua D. Dunlap, Esq., Pierce Atwood LLP
Elizabeth M. Frazier, Esq., Pierce Atwood LLP

Checklist 17.1

- Checklist to Determine Whether a Regulatory Taking Has Occurred in the State of Maine Buy Form

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