Maine Revised Statutes Title 38 Sec. 957-D – Omitted uses
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1. Omitted uses. Uses not specifically mentioned or covered by any general category in the enumeration of permitted and prohibited uses for each district shall be deemed prohibited unless allowed by special permit upon a showing by the applicant that the soils are suitable for the proposed use and that it will not unreasonably interfere with the use and enjoyment of their property by adjacent landowners or involve any significant:
A. Degradation of air and water quality; [PL 1979, c. 459, §1 (NEW).]
B. Harmful alteration of wetlands; [PL 1979, c. 459, §1 (NEW).]
C. Increase in erosion or sedimentation; [PL 1979, c. 459, §1 (NEW).]
D. Danger of increased flood damage; [PL 1979, c. 459, §1 (NEW).]
E. Obstruction of flood flow; [PL 1979, c. 459, §1 (NEW).]
F. Damage to fish and wildlife habitat; [PL 1979, c. 459, §1 (NEW).]
G. Despoliation of the scenic, rural and open space character of the corridor; [PL 1979, c. 459, §1 (NEW).]
H. Overcrowding; [PL 1979, c. 459, §1 (NEW).]
I. Excessive noise; [PL 1979, c. 459, §1 (NEW).]
J. Obstruction to navigation; or [PL 1979, c. 459, §1 (NEW).]
K. Interference with the educational, scenic, scientific, historic or archaeological values of those areas designated and approved for inclusion within the Resource Protection District. [PL 1979, c. 459, §1 (NEW).]
[PL 1979, c. 459, §1 (NEW).]
The burden of proof shall be upon the applicant to show entitlement to a permit under this section. [PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW).
Terms Used In Maine Revised Statutes Title 38 Sec. 957-D
- District: means a specified area of land or water within the corridor, delineated on the district boundary map, within which certain regulations and requirements apply under this chapter. See Maine Revised Statutes Title 38 Sec. 952
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Wetlands: means marshes, bogs, swamps and other areas exceeding 1,000 square feet, periodically covered by water which exhibit predominantly aquatic vegetation. See Maine Revised Statutes Title 38 Sec. 952