Zoning, building permits and septic rules in Town of Jay, Maine

Town of Jay’s own rules

• Building permitNot required

  General residential and commercial construction inside Jay town outside the shoreland zone and floodplain.

  • Statement reflects a June 2012 citizen vote as restated on the town's current page.
  • Shoreland and floodplain permits still apply (see separate claim).

  “in june 2012 it was determined, by the citizens of the town, that building permits would not be required and that inspections for compliance with the mubec will not be conducted by the town.”

  One more reviewed finding on this topic

  • Limited — Buildings inside Jay town's shoreland zone or floodplain only.

    “please note that permits are still required for buildings located within the shoreland zone and floodplain.”

• InspectionsLimited

  New construction and renovation subject to MUBEC inside Jay town.

  • The town does not conduct MUBEC inspections; the owner must hire a state-certified third-party inspector for all required inspections.

  “it will be the property owner's responsibility to contract with a licensed third party inspector to conduct all necessary inspections required under the code.”

• Certificate of occupancyRequired

  New buildings, additions and renovations subject to MUBEC inside Jay town.

  • A certified third-party inspection report verifying MUBEC compliance must be submitted to the code officer before the town issues a certificate of occupancy.

  “before a certificate of occupancy may be issued for any new building, addition, renovation, etc. that is subject to compliance with the mubec, an inspection report must be submitted to the code officer verifying that compliance with the mubec has been achieved.”

• Minimum lot sizeSpecified

  Lots inside Jay town that are not in a subdivision and are served by a private septic system.

  • Figure is stated by the town as the state plumbing rule minimum; lots in a subdivision must comply with the subdivision ordinance instead.

  minimum lot area (private septic system): >= 20000 square feet (lots not in a subdivision; lots on town sewer have no minimum)

  “private septic system: minimum lot size is 20,000 square feet per state plumbing rules.”

  One more reviewed finding on this topic

  • None — Lots inside Jay town that are not in a subdivision and are served by town sewer.

    “town sewer: there is no minimum lot size.”

• SetbacksSpecified

  Structures inside Jay town relative to town roads.

  • Setback requirements are said to be found in chapter IV of the town way ordinance; the town way ordinance was not opened.
  • State highways may carry additional setbacks.

  setback from roadway centerline: >= 25 feet (or beyond the established right of way)

  “structures shall be setback 25 feet from the center line of a roadway, or beyond the established right of way.”

  One more reviewed finding on this topic

  • None — Structures inside Jay town relative to side lot boundaries.

    “the town does not have a setback requirement for side boundaries.”

• Lot coverageDistrict specific (with conditions)

  The portion of a lot inside the Jay shoreland zone.

  • Exception: in the general development district adjacent to rivers that do not flow to great ponds, non-vegetated surfaces may total 70 percent.
  • Public boat launching facilities are excluded.
  • Non-vegetated surfaces include structures, driveways, parking areas and cleared areas; naturally occurring ledge and rock outcroppings are not counted for certain lots of record.

  maximum non-vegetated surface share of lot inside shoreland zone: <= 20 percent (general development district adjacent to rivers that do not flow to great ponds: 70 percent)

  “with the exception of the general development district where located adjacent to rivers that do not flow to great ponds, non-vegetated surfaces shall not exceed a total of twenty (20) percent of the portion of the lot located within the shoreland zone.”

• Building heightDistrict specific (with conditions)

  Principal and accessory structures in the Jay shoreland zone resource protection, limited residential and stream protection districts.

  • Does not apply to transmission towers, windmills, antennas, cupolas, domes, widow's walks and similar structures with no floor area.
  • Height variances are available only through the board of appeals.
  • Height limit for other town areas and for the general development district is not stated in the excerpt reviewed.

  maximum structure height: <= 35 feet (applies in resource protection, limited residential and stream protection districts; excludes towers, windmills, antennas, cupolas, domes, widow's walks and similar structures with no floor area)

  “principal or accessory structures and expansions to existing structures which are permitted in the resource protection, limited residential, and stream protection districts, shall not exceed thirty-five (35) feet in height.”

• Who permits septicLocal (with conditions)

  Septic (subsurface wastewater) systems on lots inside Jay town.

  • The state rule is administered by the municipal local plumbing inspector; the Jay page names the town plumbing inspector for plumbing permits.

  “the local plumbing inspector (hereafter, lpi) shall enforce all the provisions of this rule as a sworn agent of the municipal jurisdiction.”

• Subdividing landRegulated (with conditions)

  Creating three or more lots or dwelling units inside Jay town within a five-year period.

  • Changes to lot lines within a previously approved subdivision need prior planning board approval.
  • Subdivision rules sit within the environmental control and improvement ordinance.

  lots or dwelling units triggering subdivision review: >= 3 count (within a five (5) year period)

  “the subdivision regulations are part of the environmental ordinance and are triggered by the creation of three (3) or more lots or dwelling units within a five (5) year period.”

• Building in a floodplainRequired

  Work in floodplain areas around the Androscoggin River, Seven Mile Stream and Parker Pond inside Jay town.

  • Covers filling and moving of earth and building; floodplain maps are at the town office.

  “any work done in a floodplain area requires a permit from the town.”

• Permit processPartial

  Plumbing and general permit contacts inside Jay town.

  • The town office at 340 Main Street, Jay, (207) 897-6785, handles questions; the page names two different people for plumbing permits, so confirm the current contact.

  “plumbing permits are required from the town of jay's plumbing inspector.”

Rules another office applies inside Town of Jay

Town of Jay does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Building code adoptedAdopted (with conditions)

  New buildings and renovations inside Jay town, enforced by the town under the state building code.

  • The town has voted not to conduct MUBEC inspections or issue building permits; compliance is the owner's responsibility through a state-certified third-party inspector.

  “the state has adopted a building and energy code (mubec) that requires all buildings in jay to be constructed in compliance with the code.”

• Septic permitRequired

  New structures in Jay town that need a subsurface wastewater (septic) disposal system.

  • Under the state rule, no person may erect a structure that requires a subsurface wastewater disposal system until documentation has been provided to the municipal officers that the system can be constructed in compliance with the rule.
  • The local plumbing inspector issues disposal system permits for installation.

  “the lpi shall receive applications for disposal system permits, issue permits for the installation of systems, inspect the premises for which such disposal system permits have been issued, and enforce compliance with the provisions of this rule.”

• Septic inspectionRequired

  Septic systems permitted inside Jay town.

  • Inspection is an LPI duty under the state rule; the rule uses 'shall' for the LPI's duty to inspect permitted premises.

  “the lpi shall receive applications for disposal system permits, issue permits for the installation of systems, inspect the premises for which such disposal system permits have been issued, and enforce compliance with the provisions of this rule.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Jay or Franklin County directly.

• Owner-builder exemption — Owner-built construction inside Jay town.
• Minimum dwelling size — Minimum dwelling floor area inside Jay town.
• Living in an RV — Long-term RV occupancy on private land inside Jay town.
• Camping on your land — Temporary camping on private land inside Jay town.
• Tiny homes — Tiny home occupancy inside Jay town.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.