Maine Revised Statutes > Title 30-A > Part 2 > Subpart 6-A – Planning and Land Use Regulation
Current as of: 2023 | Check for updates
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| Sections | ||
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| Chapter 187 | Planning and Land Use Regulation | 4301 – 4457 |
| Chapter 189 | River Corridor Commissions | 4461 – 4469 |
| Chapter 190 | Judicial Review of Municipal Land Use Decisions | 4481 – 4483 |
Terms Used In Maine Revised Statutes > Title 30-A > Part 2 > Subpart 6-A - Planning and Land Use Regulation
- Abutting land: means real estate that shares a common boundary, or portion of a boundary, with land that is held in common ownership with land registered or being considered for registration under this chapter when the abutting real estate is within 50 feet of the land registered or being considered for registration. See Maine Revised Statutes Title 7 Sec. 52
- Accessory dwelling unit: means a self?contained dwelling unit located within, attached to or detached from a single-family dwelling unit located on the same parcel of land. See Maine Revised Statutes Title 30-A Sec. 4301
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affordable housing: means a decent, safe and sanitary dwelling, apartment or other living accommodation for a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. See Maine Revised Statutes Title 30-A Sec. 4301
- AFIDA: means the Agricultural Foreign Investment Disclosure Act of 1978, United States Code, title 7, § 3501, et seq. See Maine Revised Statutes Title 7 Sec. 32
- Age-friendly community: means a community where policies, services, settings and structures support and enable older people to actively age in place and that recognizes the capabilities, resources and needs of older adults, plans to meet the needs of older adults in flexible ways that support healthy and active aging, promotes the inclusion and contributions of older adults in all areas of community life, respects the self-determination and independence of older adults and protects those older adults who are most vulnerable. See Maine Revised Statutes Title 30-A Sec. 4301
- Agricultural chemicals: means fungicides, insecticides, herbicides, and other pesticides. See Maine Revised Statutes Title 7 Sec. 52
- Agricultural land: means any land in Maine which is used or capable of use without substantial modification for production of agriculturally related products including, but not limited to, crops, livestock, poultry, dairy products and sod. See Maine Revised Statutes Title 7 Sec. 32
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Aquarium: means an enclosed container used in importing, possessing or displaying nonnative and exotic species of fish or other aquatic organisms that has a closed operating system, that is located within a home, exhibition building or other permanent all-season structure and that does not allow the discharge of water or aquatic organisms into the inland waters of the State. See Maine Revised Statutes Title 12 Sec. 10001
- Archery equipment: means a bow or crossbow. See Maine Revised Statutes Title 12 Sec. 10001
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Association: means any corporation organized under this chapter. See Maine Revised Statutes Title 13 Sec. 2003
- Atlantic salmon: means the anadromous fish species Salmo salar that customarily migrates from inland waters to the ocean as part of its life cycle. See Maine Revised Statutes Title 12 Sec. 10001
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Baitfish: means only those species in the following list:
A. See Maine Revised Statutes Title 12 Sec. 10001Baitfish trap: means a device used to take baitfish fitted with rigid entrance or exit holes and having a volume no greater than 50 cubic feet. See Maine Revised Statutes Title 12 Sec. 10001 Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bequeath: To gift property by will. Bequest: Property gifted by will. Board: means any authority, board, commission, committee, council and similar organization, including independent organizations, established or authorized by the Legislature to fulfill specific functions the members of which do not serve full time. See Maine Revised Statutes Title 5 Sec. 12002 Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite). Cabinet: means the Children's Cabinet established in section 19131. See Maine Revised Statutes Title 5 Sec. 24051 Cable television company: means any person owning, controlling, operating, managing or leasing a cable television system within the State. See Maine Revised Statutes Title 30-A Sec. 2001 Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. Classified service: means all offices and positions of trust and employment in state service, except those placed in the unclassified service by chapter 71. See Maine Revised Statutes Title 5 Sec. 7032 Cluster development: means a form of development that allows a subdivision design in which individual lot sizes and setbacks are reduced in exchange for the creation of common open space and recreation areas, the preservation of environmentally sensitive areas, agriculture and silviculture and the reduction in the size of road and utility systems. See Maine Revised Statutes Title 30-A Sec. 4301 code enforcement officer: means a person certified under this section and employed by a municipality to enforce all applicable laws and ordinances in the following areas:
A. See Maine Revised Statutes Title 30-A Sec. 4451Commercial farming: means the production of any farm product with the intent that that farm product be sold or otherwise disposed of to generate income. See Maine Revised Statutes Title 7 Sec. 52 Commercially: means , with regard to the buying, selling, bartering or trading of wildlife parts, for the purpose of resale or profit or receiving any form of remuneration. See Maine Revised Statutes Title 12 Sec. 10001 Commission: means a river corridor commission granted approval by the commissioner under section 4463 and authorized by Title 5, chapter 379, or as established under Title 38, chapter 6. See Maine Revised Statutes Title 30-A Sec. 4462 Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's authorized agents. See Maine Revised Statutes Title 7 Sec. 32 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 30-A Sec. 4462 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Competitive procurement: means the transmission of a written request for proposal, written request for qualifications or other invitation to compete on price or qualifications to at least 3 responsible suppliers that is to be replied to at a stated time. See Maine Revised Statutes Title 5 Sec. 12021 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Comprehensive economic impact area: means the geographic area affected by a proposed large-scale retail development. See Maine Revised Statutes Title 30-A Sec. 4366 Comprehensive economic impact study: means a municipal study that estimates the effects of a large-scale retail development on the local economy, downtown and community pursuant to section 4367, subsection 4. See Maine Revised Statutes Title 30-A Sec. 4366 Comprehensive plan: means a document or interrelated documents containing the elements established under section 4326, subsections 1 to 4, including the strategies for an implementation program which are consistent with the goals and guidelines established under subchapter II. See Maine Revised Statutes Title 30-A Sec. 4301 Conditional zoning: means the process by which the municipal legislative body may rezone property to permit the use of that property subject to conditions not generally applicable to other properties similarly zoned. See Maine Revised Statutes Title 30-A Sec. 4301 Consumer pack: means a unit of 50 pounds or less net weight of potatoes contained in a bag or other type of container. See Maine Revised Statutes Title 7 Sec. 1032 Contract: A legal written agreement that becomes binding when signed. Contract zoning: means the process by which the property owner, in consideration of the rezoning of that person's property, agrees to the imposition of certain conditions or restrictions not imposed on other similarly zoned properties. See Maine Revised Statutes Title 30-A Sec. 4301 Contributions: means payments for membership dues and fees, gifts, donations and sponsorships, including those that result in public advertisement of the entity. See Maine Revised Statutes Title 5 Sec. 12021 Conviction: A judgement of guilt against a criminal defendant. Cooperative affordable housing corporation: means a domestic corporation that is organized under or elects to be governed by the provisions of this subchapter. See Maine Revised Statutes Title 13 Sec. 1742 Cooperative interest: means the ownership interest in a cooperative affordable housing corporation that is evidenced by a membership share. See Maine Revised Statutes Title 13 Sec. 1742 Cooperative property: means the real and personal property, including mobile and manufactured homes, in this State owned or leased by a cooperative affordable housing corporation for the primary purpose of residential use. See Maine Revised Statutes Title 13 Sec. 1742 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Council: means the Maine Children's Cabinet Early Childhood Advisory Council established in subsection 2. See Maine Revised Statutes Title 5 Sec. 24051 County legislative delegation: means all state legislators whose legislative districts, in whole or in part, lie within the boundaries of a county. See Maine Revised Statutes Title 30-A Sec. 1 Critical rural area: means a rural area that is specifically identified and designated by a municipality's or multimunicipal region's comprehensive plan as deserving maximum protection from development to preserve natural resources and related economic activities that may include, but are not limited to, significant farmland, forest land or mineral resources; high-value wildlife or fisheries habitat; scenic areas; public water supplies; scarce or especially vulnerable natural resources; flood buffer areas and flood-prone areas; and open lands functionally necessary to support a vibrant rural economy. See Maine Revised Statutes Title 30-A Sec. 4301 Critical waterfront area: means a shorefront area characterized by functionally water-dependent uses, as defined in Title 38, section 436?A, subsection 6, and specifically identified and designated by a municipality's or multimunicipal region's comprehensive plan as deserving maximum protection from incompatible development. See Maine Revised Statutes Title 30-A Sec. 4301 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Densely developed area: means any commercial, industrial or compact residential area of 10 or more acres with an existing density of at least one principal structure per 2 acres. See Maine Revised Statutes Title 30-A Sec. 4401 Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 30-A Sec. 4301 Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 30-A Sec. 4462 Dependent: A person dependent for support upon another. Development: means a change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring. See Maine Revised Statutes Title 30-A Sec. 4301 Devise: To gift property by will. Dip net: means :
A. See Maine Revised Statutes Title 12 Sec. 10001Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Docket: A log containing brief entries of court proceedings. Domicile: means the place where a person's true, fixed and permanent home is located. See Maine Revised Statutes Title 12 Sec. 10001 Donor: The person who makes a gift. Downtown: means the central business district of a community that serves as the center for socioeconomic interaction in the community and is characterized by a cohesive core of commercial and mixed-use buildings, often interspersed with civic, religious and residential buildings and public spaces, typically arranged along a main street and intersecting side streets, walkable and served by public infrastructure. See Maine Revised Statutes Title 30-A Sec. 4366 Downtown: means :
A. See Maine Revised Statutes Title 30-A Sec. 4301Dwelling unit: means any part of a structure which, through sale or lease, is intended for human habitation, including single-family and multifamily housing, condominiums, apartments and time-share units. See Maine Revised Statutes Title 30-A Sec. 4401 Eel: means a member of the species Anguilla rostrata in that stage of its life cycle when it is 9 inches or more in length. See Maine Revised Statutes Title 12 Sec. 10001 Eel pot: means a cylindrical or rectangular trap with funnels that is baited and used to harvest eels. See Maine Revised Statutes Title 12 Sec. 10001 Employee: means any person holding a position subject to appointment by an appointing authority. See Maine Revised Statutes Title 5 Sec. 7032 Employee cooperative: means a corporation which has duly elected to be governed by this subchapter. See Maine Revised Statutes Title 13 Sec. 1972 entity: means :
A. See Maine Revised Statutes Title 5 Sec. 12021Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Executor: A male person named in a will to carry out the decedent Expenses: means travel, meals or lodging costs or other necessary costs incurred by a member of a board in the performance of his duties as a member of that board. See Maine Revised Statutes Title 5 Sec. 12002 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Family farm corporation: means a corporation founded for the purpose of farming and the ownership of agricultural land; the majority of the voting stock must be held by, and a majority of the shareholders must be, persons or the spouses of persons related to each other within the 3rd degree of kindred and at least one of the related persons must reside on or actively operate the farm; and none of the shareholders may be a corporation. See Maine Revised Statutes Title 7 Sec. 32 Farm partnership: means an association of 2 or more individuals formed for the purpose of farming. See Maine Revised Statutes Title 7 Sec. 32 Farm product: means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, grains and food crops, dairy products, poultry and poultry products, bees, livestock and livestock products and fruits, berries, vegetables, flowers, seeds, grasses, Christmas trees and other similar products. See Maine Revised Statutes Title 7 Sec. 52 Farmland: means a parcel consisting of 5 or more acres of land that is:
A. See Maine Revised Statutes Title 30-A Sec. 4401Farmland: means any tract or tracts of land used for commercial farming:
A. See Maine Revised Statutes Title 7 Sec. 52Fiduciary: A trustee, executor, or administrator. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fish: means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. See Maine Revised Statutes Title 12 Sec. 10001 Fishery products: includes fish, crustaceans, mollusks and marine products for human consumption. See Maine Revised Statutes Title 13 Sec. 2003 Fishing derby: means an organized fishing event conducted on inland waters during which contestants compete for cash awards or other prizes. See Maine Revised Statutes Title 12 Sec. 10001 Fishway: means an artificial device, including fish elevators, fish locks and fish ladders, used to enable fish to migrate upstream past dams, waterfalls, rapids or other obstacles. See Maine Revised Statutes Title 12 Sec. 10001 Fly: means a single, pointed hook dressed with feathers, hair, thread, tinsel or any similar material to which no additional hook, spinner, spoon or similar device is added. See Maine Revised Statutes Title 12 Sec. 10001 Fly-fishing: means casting upon water and retrieving in a manner in which the weight of the fly line propels the fly. See Maine Revised Statutes Title 12 Sec. 10001 Fraud: Intentional deception resulting in injury to another. Freshwater wetland: means freshwater swamps, marshes, bogs and similar areas which are:
A. See Maine Revised Statutes Title 30-A Sec. 4401Full age: means the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing body: means a person or group of persons with the responsibility or authority to manage an entity. See Maine Revised Statutes Title 5 Sec. 12021 Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Gross floor area: means the aggregate of the areas of each floor of a building or structure, including accessory structures, measured between the exterior faces of the exterior walls or limits of the building or structure at the level of each floor. See Maine Revised Statutes Title 30-A Sec. 4366 Growth area: means an area that is designated in a municipality's or multimunicipal region's comprehensive plan as suitable for orderly residential, commercial or industrial development, or any combinations of those types of development, and into which most development projected over 10 years is directed. See Maine Revised Statutes Title 30-A Sec. 4301 Growth management program: means a document containing the components described in section 4326, including the implementation program, that is consistent with the goals and guidelines established by subchapter II and that regulates land use beyond that required by Title 38, chapter 3, subchapter I, article 2?B. See Maine Revised Statutes Title 30-A Sec. 4301 Growth-related capital investment: means investment by the State in only the following projects, even if privately owned, whether using state, federal or other public funds and whether in the form of a purchase, lease, grant, loan, loan guarantee, credit, tax credit or other financial assistance:
A. See Maine Revised Statutes Title 30-A Sec. 4301Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001 Hook: means a single fishhook constructed with one, 2 or 3 points. See Maine Revised Statutes Title 12 Sec. 10001 Impact fee: means a charge or assessment imposed by a municipality against a new development to fund or recoup a portion of the cost of new, expanded or replacement infrastructure facilities necessitated by and attributable at least in part to the new development. See Maine Revised Statutes Title 30-A Sec. 4301 Impact fee ordinance: means an ordinance that establishes the applicability, formula and means by which impact fees are assessed. See Maine Revised Statutes Title 30-A Sec. 4301 Implementation program: means that component of a local growth management program that begins after the adoption of a comprehensive plan and that includes the full range of municipal policy-making powers, including spending and borrowing powers, as well as the powers to adopt or implement ordinances, codes, rules or other land use regulations, tools or mechanisms that carry out the purposes and general policy statements and strategies of the comprehensive plan in a manner consistent with the goals and guidelines of subchapter 2. See Maine Revised Statutes Title 30-A Sec. 4301 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Incompatible use: means the development or use of abutting land for a well, drinking water spring or water supply intake point when that use is initiated on abutting land that is within 50 feet of farmland after that farmland has been registered under this chapter. See Maine Revised Statutes Title 7 Sec. 52 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001 Inter vivos: Transfer of property from one living person to another living person. Interest in land: means all forms of direct or indirect ownership of land, except:
A. See Maine Revised Statutes Title 7 Sec. 32Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation. Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land use ordinance: means an ordinance or regulation of general application adopted by the municipal legislative body which controls, directs or delineates allowable uses of land and the standards for those uses. See Maine Revised Statutes Title 30-A Sec. 4301 Land use permit: means a municipal permit or approval required by a municipal land ordinance, site plan ordinance, subdivision ordinance, zoning ordinance or building permit ordinance or by the state subdivision law pursuant to subchapter 4. See Maine Revised Statutes Title 30-A Sec. 4366 lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Large-scale retail development: means any retail business establishment having a gross floor area of 75,000 square feet or more in one or more buildings at the same location, and any expansion of an existing building or buildings that results in a retail business establishment's having a gross floor area of 75,000 square feet or more in one or more buildings except when the expansion of an existing retail business establishment is less than 20,000 square feet. See Maine Revised Statutes Title 30-A Sec. 4366 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legislative per diem: means the per diem authorized by Title 3, section 2, that is paid to Legislators for every day's attendance at meetings held when the Legislature is not in daily session. See Maine Revised Statutes Title 5 Sec. 12002 Lender: includes , but is not limited to, the following institutional lenders whose policies and procedures are subject to governmental supervision:
A. See Maine Revised Statutes Title 13 Sec. 1742Limited equity cooperative: means a cooperative affordable housing corporation organized in accordance with section 1754. See Maine Revised Statutes Title 13 Sec. 1742 Limited equity formula: means a rule or method for determining the transfer value of a share in a limited equity cooperative. See Maine Revised Statutes Title 13 Sec. 1742 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local climate action plan: means a planning and decision-making document adopted by a municipality or multimunicipal region that:
A. See Maine Revised Statutes Title 30-A Sec. 4301Low income: means income that is less than or equal to 80% of median income for the area, adjusted for family size, in accordance with federal standards generally accepted at the time of incorporation under this subchapter and comparable to standards of the federal Department of Housing and Urban Development in existence on the effective date of this section. See Maine Revised Statutes Title 13 Sec. 1742 Maine bag: means any consumer pack for potatoes on which appears the word Maine in letters larger than 1/4 inch or a pictorial representation of the outline of the shape of the state. See Maine Revised Statutes Title 7 Sec. 1032 Maine bag grade: means any of the officially established grades of potatoes as adopted by the commissioner. See Maine Revised Statutes Title 7 Sec. 1032 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Managing director: means the person with overall day-to-day responsibility for directing the operations of a quasi-independent state entity. See Maine Revised Statutes Title 5 Sec. 12021 Member: means a person who owns a cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742 Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See Maine Revised Statutes Title 13 Sec. 2003 Member: means a natural person who has been accepted for membership in and owns a membership share issued by an employee cooperative. See Maine Revised Statutes Title 13 Sec. 1972 Membership fee: means an initial payment made by a person to an employee cooperative as a condition to becoming a member. See Maine Revised Statutes Title 13 Sec. 1972 Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Moderate income: means income that is less than or equal to 100% of median income for the area, adjusted for family size, in accordance with federal standards generally accepted at the time of incorporation under this subchapter and comparable to standards of the federal Department of Housing and Urban Development in existence on the effective date of this section. See Maine Revised Statutes Title 13 Sec. 1742 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Moratorium: means a land use ordinance or other regulation approved by a municipal legislative body that, if necessary, may be adopted on an emergency basis and given immediate effect and that temporarily defers all development, or a type of development, by withholding any permit, authorization or approval necessary for the specified type or types of development. See Maine Revised Statutes Title 30-A Sec. 4301 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Motor vehicle: means any motor-driven vehicle, except motorboats. See Maine Revised Statutes Title 12 Sec. 10001 Multimunicipal region: means a region made up of 2 or more municipalities that work together to cooperatively establish a growth management program or independent growth management programs that are unified with respect to the implementation of the state goal identified in section 4312, subsection 3, paragraph A. See Maine Revised Statutes Title 30-A Sec. 4301 municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001 Municipal legislative body: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal official: means any elected or appointed member of a municipal government. See Maine Revised Statutes Title 30-A Sec. 2001 Municipal reviewing authority: means the municipal planning board, agency or office or, if none, the municipal officers. See Maine Revised Statutes Title 30-A Sec. 4366 Municipal reviewing authority: means the municipal planning board, agency or office, or if none, the municipal officers. See Maine Revised Statutes Title 30-A Sec. 4301 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC New structure or structures: includes any structure for which construction begins on or after September 23, 1988. See Maine Revised Statutes Title 30-A Sec. 4401 Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Officer: means the State Human Resources Officer. See Maine Revised Statutes Title 5 Sec. 7032 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. outstanding river segments: means :
A. See Maine Revised Statutes Title 30-A Sec. 4401Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Party state: means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege. See Maine Revised Statutes Title 32 Sec. 18703 Patronage: means the amount of work performed as a member of an employee cooperative, measured in accordance with the articles of incorporation or bylaws. See Maine Revised Statutes Title 13 Sec. 1972 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Personal care expenses: means the cost of feeding, dressing, toileting, mobility and personal hygiene assistance provided to persons who are developmentally or otherwise disabled who are members or the children of members of boards established in this chapter. See Maine Revised Statutes Title 5 Sec. 12002 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. Planning committee: means the committee established by the municipal officers of a municipality or combination of municipalities that has the general responsibility established under sections 4324 and 4326. See Maine Revised Statutes Title 30-A Sec. 4301 Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source: Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Principal structure: means any building or structure in which the main use of the premises takes place. See Maine Revised Statutes Title 30-A Sec. 4401 Private pond: means an artifically constructed pond impounded within the limits of the riparian owner, even though the water is not supplied directly from a brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proprietary lease: means an agreement with a cooperative affordable housing corporation governing a member's right to occupancy under which a member has an exclusive possessory interest in a unit. See Maine Revised Statutes Title 13 Sec. 1742 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator. Public drinking water supplier: means a public water supplier as defined by the federal Safe Drinking Water Act that provides drinking water from a source water protection area. See Maine Revised Statutes Title 30-A Sec. 2001 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Quasi-independent state entity: means an organization that has been established by the Legislature as an independent board, commission or agency to fulfill governmental purposes and that receives revenues that are derived, in whole or part, from federal or state taxes or fees. See Maine Revised Statutes Title 5 Sec. 12021 Quorum: The number of legislators that must be present to do business. Rate of growth ordinance: means a land use ordinance or other rule that limits the number of building or development permits issued by a municipality or other jurisdiction over a designated time frame. See Maine Revised Statutes Title 30-A Sec. 4301 Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real estate: means land and structures attached to it. See Maine Revised Statutes Title 30-A Sec. 2001 Regional council: means a regional planning commission or a council of governments established under chapter 119, subchapter I. See Maine Revised Statutes Title 30-A Sec. 4301 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remand: When an appellate court sends a case back to a lower court for further proceedings. residence: refer to an individual's place of domicile. See Maine Revised Statutes Title 30-A Sec. 2001 Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:
A. See Maine Revised Statutes Title 12 Sec. 10001Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retail business establishment: means a business engaged in the sale of goods to the ultimate consumer for direct use or consumption. See Maine Revised Statutes Title 30-A Sec. 4366 River herring: means the species Alosa pseudoharengus, commonly called alewife, and Alosa aestivalis, commonly called blueback herring. See Maine Revised Statutes Title 12 Sec. 10001 Rural area: means a geographic area that is identified and designated in a municipality's or multimunicipal region's comprehensive plan as an area that is deserving of some level of regulatory protection from unrestricted development for purposes that may include, but are not limited to, supporting agriculture, forestry, mining, open space, erosion mitigation, water retention, wildlife habitat, fisheries habitat and scenic lands, and away from which most development projected over 10 years is diverted. See Maine Revised Statutes Title 30-A Sec. 4301 Seine: means an ordinary commercial-type minnow seine, not exceeding 1,200 square feet, used vertically to enclose baitfish when its ends are brought together or drawn ashore. See Maine Revised Statutes Title 12 Sec. 10001 Service center community: means a municipality or group of municipalities identified by the department according to a methodology established by rule that includes 4 basic criteria, including level of retail sales, jobs-to-workers ratio, the amount of federally assisted housing and the volume of service sector jobs. See Maine Revised Statutes Title 30-A Sec. 4301 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Sewage: means the water-carried wastes created in and carried or to be carried away from any structure together with any surface or ground water or household and industrial waste that is present. See Maine Revised Statutes Title 30-A Sec. 2001 Sewer system: includes both sewers and sewage disposal systems and all property, rights, easements and franchises relating to those sewers and sewage disposal systems. See Maine Revised Statutes Title 30-A Sec. 2001 Share loan: means an agreement entered into by a member and a lender to finance the member's acquisition of the member's cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742 Significant municipal land use decision: means final action on an application for a land use development project that is either:
A. See Maine Revised Statutes Title 30-A Sec. 4481Snagging: means to fish by manipulating a hook or hooks in such a manner as to pierce or snag the fish in a part of the body other than the mouth. See Maine Revised Statutes Title 12 Sec. 10001 Source water protection area: means an area that contributes recharge water to a surface water intake or public water supply well for a public drinking water supply. See Maine Revised Statutes Title 30-A Sec. 2001 Special study organization: means any board established or authorized by the Legislature to undertake a study of a particular subject and which is required to complete its study during the biennium of the Legislature which created it. See Maine Revised Statutes Title 5 Sec. 12002 State: means any state, commonwealth, district or territory of the United States that regulates the practice of physical therapy. See Maine Revised Statutes Title 32 Sec. 18703 Statute: A law passed by a legislature. Subdivision: means the division of a tract or parcel of land into 3 or more lots within any 5-year period that begins on or after September 23, 1971. See Maine Revised Statutes Title 30-A Sec. 4401 Subpoena: A command to a witness to appear and give testimony. Subscription agreement: means a written agreement between a prospective member and a cooperative affordable housing corporation for the purchase and sale of a cooperative interest. See Maine Revised Statutes Title 13 Sec. 1742 Sucker: means only the species Catostomus commersoni (white sucker) and the species Catostomus catostomus (longnose sucker). See Maine Revised Statutes Title 12 Sec. 10001 Summons: Another word for subpoena used by the criminal justice system. Testator: A male person who leaves a will at death. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Tract or parcel of land: means all contiguous land in the same ownership, except that lands located on opposite sides of a public or private road are considered each a separate tract or parcel of land unless the road was established by the owner of land on both sides of the road after September 22, 1971. See Maine Revised Statutes Title 30-A Sec. 4401 Transitional area: means an area that is designated in a municipality's or multimunicipal region's comprehensive plan as suitable for a share of projected residential, commercial or industrial development but that is neither intended to accept the amount or density of development appropriate for a growth area nor intended to provide the level of protection for rural resources afforded in a rural area or critical rural area. See Maine Revised Statutes Title 30-A Sec. 4301 Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Tributary: means a brook, stream or river flowing directly or indirectly into a lake, pond or another brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001 Trustee: A person or institution holding and administering property in trust. Undue adverse impact: means that, within the comprehensive economic impact area, the estimated overall negative effects on the factors listed for consideration in section 4367, subsection 4 outweigh the estimated overall positive effects on those factors. See Maine Revised Statutes Title 30-A Sec. 4366 Unit: means a portion of the cooperative property leased for exclusive occupancy by a member under a proprietary lease or leased to a tenant by lease agreement. See Maine Revised Statutes Title 13 Sec. 1742 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Uphold: The decision of an appellate court not to reverse a lower court decision. valid permit: means a license or permit lawfully obtained in the licensee's or permittee's name and signed by that person. See Maine Revised Statutes Title 12 Sec. 10001 Venue: The geographical location in which a case is tried. Weir: means a device placed in the inland waters of a river, stream or brook that is designed to entrap fish and that exceeds more than 1/3 of the wetted width of the channel. See Maine Revised Statutes Title 12 Sec. 10001 Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001 Wild bird: means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Written notice of allocation: means a written instrument which discloses to a member the stated dollar amount of that member's patronage allocation and the terms for payment of that amount by the employee cooperative. See Maine Revised Statutes Title 13 Sec. 1972 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72 Young children: means children from birth until they complete grade 3. See Maine Revised Statutes Title 5 Sec. 24051 Zoning ordinance: means a type of land use ordinance that divides a municipality into districts and that prescribes and reasonably applies different regulations in each district. See Maine Revised Statutes Title 30-A Sec. 4301