C.M.R. 10, 144, ch. 243 - MINIMUM LOT SIZE RULES

  1. § 144-243-1000.0 - MINIMUM LOT SIZE LAW
  2. § 144-243-1001.0 - MINIMUM LOT SIZE AND FRONTAGE REQUIREMENTS
  3. § 144-243-1002.0 - WATER USE RECORDS
  4. § 144-243-1003.0 - WAIVER APPLICATIONS
  5. § 144-243-1004.0 - MEANS OF APPEAL

SUMMARY

These rules describe the requirements

for minimum lot sizes

and for waivers to the

Minimum Lot Size Law,

12 MRSA§4807.

BASIS STATEMENT: These Rules provide minimum Staterequirements for minimum lot sizes for developments using onsite subsurface wastewater disposal to assure environmental sanitation and safety. These Rules are intended to complement municipal planning, zoning, and land use control.

EFFECTIVE DATE: August 1, 2005

AUTHORITY: Title 12 MRSA §4807

Department of Health and Human Services

Maine Center for Disease Control and Prevention

Division of Environmental Health

11 State House Station

Augusta, Maine 04333-0011

Telephone (207) 287-5689

Appropriation 014-10A-2426-012-2658

Nondiscrimination Notice

In accordance with Title VI of the Civil Rights Act of 1964, as amended by the civil Rights Restoration Act of 1991 ( 42 U.S.C. 1981, 2000e et seq.) Section 504 of the Rehabilitation Act of 1973, as amended ( 29 U.S.C. 794 ), the Age Discrimination Act of 1975, as amended ( 42 U.S.C. 6101 et seq.), Title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.), and Title IX of the Education Amendments of 1972, the Maine Department of Human Services does not discriminate on the basis of sex, color, national origin, disability or age in admission or access to or treatment or employment in its programs and activities

SUMMARY: These rules describe the requirements for minimum lot sizes and for waivers to the Minimum Lot Size Law, 12 MRSA §4807.

1. Definitions
A. Code. Rules for Waivers to the Minimum Lot Size Law (CMR 243).
B. Department. The Department of Health and Human Services Maine Center for Disease Control and Prevention, Division of Environmental Health.
C. Engineered disposal system. Any subsurface wastewater disposal system designed, installed, and operated as a single unit to treat and dispose of 2,000 gallons of wastewater per day or more; or any system designed to be capable of treating wastewater with significantly higher BOD5 and total suspended solid concentrations.
D. First time disposal system. The first system designed to serve a specific structure; a new system.
E. Multiple unit housing. "Multiple unit housing" shall mean a structure or structures located on a single lot, which structures are designed or used to house 2 or more families.
F. Other land use activity. "Other land use activity" includes any commercial or industrial uses or combination of such uses.
G. Person. "Person" means any individual, corporation, firm, partnership, municipality, quasi-municipal corporation, state or federal agency or any other legal entity.
H. Single family residential unit. "Single family residential unit" means any structure of any kind, including mobile homes, used or designed to house a single family, and shall include those structures used permanently and seasonally.
I. Shoreland Zoning. The shoreland zone of major waterbodies/courses (as defined in Title 38 MRSA §435 ).
J. Subsurface waste disposal. "Subsurface waste disposal" means any system for disposing of wastes or wastewaters on or beneath the surface of the earth including, but not limited to, holding ponds, surface spraying, septic tanks, drainage fields and wells, but shall not include any discharge or the waste treatment system related thereto licensed under Title 38, section 413 or any discharge into a municipal or quasi-municipal sewer system.
K. Waste. "Waste" means any liquefied sewage, garbage, sewage sludge, chemical, biological or radiological materials, human body wastes, or any other refuse or effluent in a liquid form generated from domestic, commercial or industrial activities, except any wastes containing insufficient liquid to be free flowing and wastes generated from agricultural activities or animal husbandry.

Notes

C.M.R. 10, 144, ch. 243

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