Ensuring a Better Land Use Plan for the Unorganized Territory

By Representative Tom Saviello and James Cote, Director of Communications, Maine Forest Products Council
Residents of Franklin County who own land, use land, or live in the Maine Land Use Regulation Commission’s (LURC) jurisdiction, commonly referred to as the Unorganized Territory, will have the opportunity to comment on several pieces of legislation pertaining to the Comprehensive Land Use Plan (CLUP), on Wednesday, April 22. The public hearing on these bills will take place before the Legislature’s Agriculture, Conservation, and Forestry Committee at 9:30 a.m. in the Cross Building located beside the State House.
The Comprehensive Land Use Plan is the principle planning tool used by the Land Use Regulation Commission. The plan is revised approximately every ten years. The current plan was adopted in 1997.
Under the 1997 CLUP, development has been guided into desired locations, conservation easement sales have risen, and recreational access opportunities have, for the most part, been maintained.
As many will recall, there was significant outcry and concern over the draft plan which was presented at a series of public workshops held around the state last spring. Among the many concerns voiced by concerned citizens was a lack of recognition of landowner rights, wildlife management, the promotion of primitive recreation over multiple-use recreation, forest managements, new scenic requirements and building standards, and incorrect or outdated data to support many of the conclusions within the document.
This winter, LURC Commissioners, along with many stakeholders, participated in a professionally facilitated working group process, where they discussed and analyzed many of the concerns surrounding development trends in the jurisdiction. While many concerns over development trends were alleviated, many issues including wildlife management, new scenic requirements, and the recognition of economic development opportunities have yet to be addressed.
Three of the bills being heard on April 22 have been identified as crucial to fixing many of the concerns in the draft plan. Among them are LD 413, LD 474 and LD 558.
LD 413, An Act to Clarify Land Use Regulation in Unorganized and Deorganized Townships, clarifies the purpose of land use regulation in the unorganized and deorganized townships of the State by confirming that such regulation is for the benefit of property owners and residents of these areas as well as for the public benefit. The bill also provides that the Legislature acknowledges that these areas are important to the continued vitality of the State and to local economies by promoting forest management and agricultural activities. Because the Land Use Regulation Commission acts as the planning board for much of rural Maine, we believe it is important that they give residents and property owner’s fair recognition in the comprehensive planning process, just like residents of organized municipalities.
LD 474, An Act to Clarify Land Planning in the Unorganized and Deorganized Townships, clarifies and amends the process by which the Maine Land Use Regulation Commission adopts a comprehensive land use plan for the unorganized and deorganized townships of the State, by ensuring that the legislative committee of jurisdiction (Agriculture, Conservation, and Forestry Committee) has the opportunity to review and approve the plan. Because members of the Land Use Regulation Commission are not elected, and the Maine Legislature acts as the “Board of Selectmen” for the unorganized territory, this bill would ensure that elected officials have the opportunity to review and approve the Comprehensive Land Use Plan before sending it to the Governor for final approval.
Finally, LD 558, An Act to Amend Notification Procedures of the Maine Land Use Regulation Commission requires that, prior to initiating the process of updating or revising the comprehensive land use plan, the Maine Land Use Regulation Commission notify each individual property owner within the commission’s jurisdiction that the commission is initiating the process of updating the plan and how to access information regarding the plan the proposed revisions to the plan and the process for public input and comment. Recognizing current budget constraints, we believe that such notification could be accomplished in tax bill mailings, and other existing alert mechanisms. Currently, LURC notifies people through an interested parties email list and by placing ads in newspapers- inadequate methods of notifying property owners and residents about such a critical process.
We encourage anyone with an interest in this plan to attend the public hearings on April 22. The approval of each of these bills will result in a better Comprehensive Land Use Plan for everyone.
If you have any questions you can call us at 645-3420 (Tom) or 860-6600 (James). You can also e-mail your thoughts and questions to drtom16@hotmail.com (Tom) or jcote@maineforest.org (James).