B.__Prior to transfer, the transferee sends, written notice to the commission stating the intended land use.

3.__Transfer to a conservation organization.__A lot transferred to a nonprofit, tax-exempt nature conservation organization qualifying under the United States Internal Revenue Code, Section 501(c)(3) is not considered a subdivision lot when the following conditions are met:

A.__For a period of at least 20 years following the transfer, the lot must be limited by deed restriction or conservation easement for the protection of wildlife habitat or ecologically sensitive areas, or for public outdoor recreation; and

B.__The lot is not further divided or transferred except to another conservation organization or government entity.

4.__Transfer of lots 1,000 acres or larger.__A lot of 1,000 acres or more in size is not considered a subdivision lot when the following conditions are met:

A.__The lot is transferred and managed solely for forest or agricultural management or conservation; and

B.__The lot is not further divided for at least 5 years.

Primitive recreation may be allowed on a lot transferred in accordance with this subsection.

Sec. 5. 12 MRSA §685-A, sub-§8-A, as enacted by PL 1999, c. 333, §10, is amended to read:

8-A. Criteria for adoption or amendment of land use district boundaries. A land use district boundary may not be adopted or amended unless there is substantial evidence that:

A. The proposed land use district is consistent with the standards for district boundaries in effect at the time, the comprehensive land use plan and the purpose, intent and provisions of this chapter; and

B. The proposed land use district satisfies a demonstrated need in the community or area and has no undue adverse

impact on existing uses or resources or a new district designation is more appropriate for the protection and management of existing uses and resources within the affected area.

The commission may use conditional zoning in the adoption or amendment of land use district boundaries.__All such zonings may include only those conditions and restrictions that relate to the development or use of the property and meet the criteria for adoption outlined in this subsection.

Sec. 6. 12 MRSA §685-B, sub-§6-A, as enacted by PL 1991, c. 687, §2, is repealed.

Sec. 7. 12 MRSA §685-B, sub-§6-B, as enacted by PL 1997, c. 335, §1, is repealed.

Sec. 8. 38 MRSA §480-Q, sub-§7-A, ¶D, as enacted by PL 1989, c. 838, §6, is amended to read:

D. Any road construction is not used to access development but is used primarily for forest management activities, unless the road is removed and the site restored to its prior natural condition. Roads must be the minimum feasible width and total length consistent with forest management activities. This exemption does not apply to roads that provide access to development in a subdivision as defined in Title 30-A, section 4401, subsection 4, for the organized portions of the State, or Title 12, section 682, subsection 2 2-A, including divisions of land exempted by Title 12, section 682, subsection 2, paragraph A 682-B, for portions of the State under the jurisdiction of the Maine Land Use Regulation Commission.

Sec. 9. Application. This Act applies to any land division or sale that would constitute a subdivision occurring after the effective date of this Act. It does not apply to lots that were created or sold prior to the effective date in accordance with all the legal requirements in existence at the time.

SUMMARY

This bill amends several provisions of the Maine Land Use Regulation Commission law that relate to lot creation, subdivision and zoning and amends the commission's zoning, or redistricting, authority.

This bill does the following:

1. It eliminates a reporting requirement imposed on landowners creating exempt lots;

2. It amends the language on gift lots to limit the types of individuals qualified to receive a gift lot, places a requirement that a lot must be held for 5 years immediately prior to the creation of any gift lot, requires that a recipient of a gift lot hold that lot for at least 5 years for it to remain exempt and eliminates the 40-acre lot exemption;

3. It adds language that exempts lots conveyed to certain governmental entities and conservation organizations as well as lots in excess of 1,000 acres that are devoted to forest or agricultural management;

4. It eliminates the requirement for filing of a land division plan, which becomes unnecessary without the exemption for 40-acre lots located no closer than 1,320 feet of a great pond or river or 250 feet of wetland and divided into no more than 10 lots within a 5-year period;

5. It provides the commission the authority and criteria by which to use conditional zoning; and

6. It provides for the application only to land division or sales after the effective date of the bill.