Maine property line setback requirements? (Woodland: land, communities, good)

[JC3]

I would think the CEO of that town would and SHOULD know what the setback requirements are. I believe mine were 50' from the property lines, that is what we based our building requirements on. Different zoning areas may be different. Rural may be different than urban and so forth. If the CEO says what it is, then he does the checking on any construction and should be the guru.

[Northern Maine Land Man]

Let me use Milo as an example. They are in Piscataquis County. They had a block on Route 11 which I believe is Main Street. The buildings either touched each other or had very narrow spaces between buildings. That's legal. It was right in the middle of town and that is open space now. The block burned in a spectacular fire a few years ago.

Urban compacts are roughly shown in The Maine Atlas in orange. Milo is on Map 32.

[inthewoods]

Originally Posted by Northern Maine Land Man

Let me use Milo as an example. They are in Piscataquis County. They had a block on Route 11 which I believe is Main Street. The buildings either touched each other or had very narrow spaces between buildings. That's legal. It was right in the middle of town and that is open space now. The block burned in a spectacular fire a few years ago.

Urban compacts are roughly shown in The Maine Atlas in orange. Milo is on Map 32.

Okay, looking at the Atlas, I'm not in an Urban compact, as the location of my property is not in the orange (town) section (I'm a couple miles outside of the town).

So... earlier NMLM, you said that outside of the Urban compact, the Maine law is 10-foot setback from property line? If so, can you cite that reference? I've tried to research on the Maine statutes on Maine.gov, and I have not come up with any references to property line setbacks (other than wetlands, LURC, etc.)

I realize that the Code Enforcement Officer 'should' know. But he's referring to 'this town' does not have any ordinances that specify setbacks -- which I don't think we do. But I wonder if Maine has such requirements even though a municipality does not.

[Zymer]

Originally Posted by inthewoods

Okay, looking at the Atlas, I'm not in an Urban compact, as the location of my property is not in the orange (town) section (I'm a couple miles outside of the town).

So... earlier NMLM, you said that outside of the Urban compact, the Maine law is 10-foot setback from property line? If so, can you cite that reference? I've tried to research on the Maine statutes on Maine.gov, and I have not come up with any references to property line setbacks (other than wetlands, LURC, etc.)

I realize that the Code Enforcement Officer 'should' know. But he's referring to 'this town' does not have any ordinances that specify setbacks -- which I don't think we do. But I wonder if Maine has such requirements even though a municipality does not.

OK, here we go...after some sleep and a couple of gallons of coffee, I found the fortitude to attempt to pierce the veil of the maine.gov website in order to find some concrete (pun intended) information:

In 2004 Maine adopted a voluntary statewide building code.

...The new law creates the Maine Model Building Code ("MMBC"), which is composed of the InternationalResidential Code and International Building Code, both of which are part of the International Codes Council ("ICC") family of codes. The law does not mandate thatany municipality adopt the MMBC, but requires that, if a municipality does voluntarily choose to adopt a new residential or non-residential building code, it must adopt the MMBC. The law allows municipalities the flexibility of adopting only portions of the MMBC and of amending the MMBC locally if it wishes to do so...


http://www.maine.gov/legis/lawlib/buildcode.htm


However, there has since been an update to this action, in which there has been a mandate to adopt the Maine Uniform Building and Energy Code (MUBEC) with a statutory deadline of June 1st of this year.


In 2008, the Legislature enacted Public Law 2007, chapter 699 calling for the repeal of existing town-by-town adopted building codes and instead establishing a statewide building code no later than January 1, 2010 with an effective date of July 1, 2010.


The original law was slightly modified and clarified in 2009 with Public Law 2009, chapter 261. Included in those changes was an extension of the deadline to adopt the code to June 1, 2010, with an effective date of December 1, 2010...


...Statutory Background. The most significant element of the statewide building code (known as MUBEC) is that it is statewide. Despite some confusion over this issue, the MUBEC will be the law of the land in every municipality in Maine.


The confusion regarding this point stems from the fact that enforcement of the code will only be required (one way or another) in municipalities that have a population over 2,000. However, even in smaller communities where enforcement is not required, construction will be governed by the MUBEC...


...You can read the rest of the update here:


http://www.memun.org/public/MMA/svc/SFR/Publications/LB/2010/2-19-10.pdf


I'm not going to attempt to read the entire MUBEC in order to find out if it includes property-line setbacks. I've done the groundwork to get you off in the right direction, the rest is up to you.

[inthewoods]

Zymer: Thank you so much for all your help. I have bookmarked the sites, and will attempt to digest what it says.

I'm usually pretty good at reading regulatory text, but the following comment baffles me for some reason. ".... that enforcement of the code will only be required (one way or another) in municipalities that have a population over 2,000. However, even in smaller communities where enforcement is not required, construction will be governed by the MUBEC"

Doesn't that basically say, in part, that the MENUM will be enforced in communities, regardless of size? I don't know, maybe I too need a gallon of coffee now...

Thanks so much everyone for your help.

[Zymer]

Originally Posted by inthewoods

Zymer: Thank you so much for all your help. I have bookmarked the sites, and will attempt to digest what it says.

I'm usually pretty good at reading regulatory text, but the following comment baffles me for some reason. ".... that enforcement of the code will only be required (one way or another) in municipalities that have a population over 2,000. However, even in smaller communities where enforcement is not required, construction will be governed by the MUBEC"

Doesn't that basically say, in part, that the MENUM will be enforced in communities, regardless of size? I don't know, maybe I too need a gallon of coffee now...

Thanks so much everyone for your help.

There is a section of the pdf document that speaks to that- apparently there is some problem with a law from about a hundred years ago which requires municipalities with a population over 2000 to have an "inspector of buildings", but not those with less. If I remember correctly, there will be a requirement for an occupancy permit, but without municipal inspectors they will have to rely on third-party inspectors which the homeowners would have to hire themselves. However, there are apparently no standards or provisions for determining who is qualified to do the inspections.

[retiredtinbender]

Originally Posted by Zymer

There is a section of the pdf document that speaks to that- apparently there is some problem with a law from about a hundred years ago which requires municipalities with a population over 2000 to have an "inspector of buildings", but not those with less. If I remember correctly, there will be a requirement for an occupancy permit, but without municipal inspectors they will have to rely on third-party inspectors which the homeowners would have to hire themselves. However, there are apparently no standards or provisions for determining who is qualified to do the inspections.

Towns under 2,000 do not have to enforce the MUBEC. They can if they choose to. 3rd party inspecters would be hired by the owner to do all the state checklists for an occ permit. THe CEO (if you have one) would then sign the Occ Permit for the homeowner. The State Planning Office is setting up a course and test for 3rd party insp. to certify through. Training is supposed to start this month. The state will qualify folks. At least from my understanding, that is.

[Northern Maine Land Man]

Under the UN Agenda 21 which mandates comprehensive plans and many oppressive dictates there have been numerous proposals brought before the legislature. The present gang in Augusta is trying to push through all they can since it could be their last opportunity for a generation or so. They tried to have all new dwellings incorporate sprinkler systems. They wanted all new dwellings to be highly insulated and built from "sustainable" materials. They wanted an energy audit done for every dwelling sold, even the ones built before Maine was even a state. These standards would have no exceptions and be applied to remote hunting camps as well as a condo in Portland where people are stacked and packed.

Cooler heads prevailed and the 2000 population exemption is in effect. People in "core service communities" are threatened with these Draconian rules on a frequent basis. We need to elect a more responsible legislature this November. My example the other day is still true above the Volvo line. No code enforcement officer up here is going to tell a family they have to sleep in a tent out in the rain instead of inside the nice warm home they own because they don't have an "occupancy permit". Nope; ain't going to happen up here. No flippin way!

By the way; If you want to build a straw bale house with solar panels, a composting toilet and an outdoor furnace you can do it up here.

[Submariner]

I was thinking of bringing up Agenda 21, but NMLM beat me to it.

[Northern Maine Land Man]

For a brief summary of Agenda 21 and what the present gang in Augusta wants for us just click on the link. Tap in the lower right corner for full screen and enjoy. - or not. Some here will just love this. Some will be justifiably frightened. Remember in November.


YouTube - Agenda 21 For Dummies