Zoning, building permits and septic rules in Town of Mount Desert, Maine

Town of Mount Desert’s own rules

• Building permitRequired

  Activities, land uses, structures, expansions, changes, installations, replacements, and renewed discontinued nonconforming uses requiring approval in their zoning district inside Mount Desert.

  • Approval is required from the Code Enforcement Officer for CEO-approved activities and from the Planning Board for conditional uses.
  • A permit under the ordinance is in addition to any other permit required by other law or ordinance.

  “It shall be unlawful, without first obtaining a permit from the appropriate reviewing authority, to engage in any activity or use of land or structure requiring approval in the district in which such activity or use would occur; or expand, change, install or replace an existing use or structure; or renew a discontinued nonconforming use.”

• Building code adoptedPartial

  Structures regulated by the Mount Desert land-use ordinance.

  • NFPA 101 Life Safety Codes are enforced as amended and adopted/approved by the State Fire Marshal's Office.

  “The National Fire Protection Association 101 Life Safety Codes, shall be enforced, as amended from time to time and adopted/approved by the State Fire Marshal’s Office.”

• InspectionsRequired

  Sites with approved permit applications inside Mount Desert.

  • Inspection is to ensure compliance with local ordinances and state laws or rules.
  • The CEO's entry right is subject to federal and state-law requirements.

  “Inspect sites where permit applications have been approved to ensure compliance with local ordinances and State laws or rules.”

• Certificate of occupancyRequired

  Structures regulated by the land-use ordinance; structures requiring and issued a permit after March 3, 1998.

  • A temporary Certificate of Occupancy may be issued if no serious life-safety hazard exists as determined by the Authority Having Jurisdiction/CEO.
  • Manufactured or modular homes compliant with the Manufactured Housing Act and trailer-based tiny homes have the ordinance's stated Certificate-of-Occupancy exceptions.

  “No structure or portion of a structure that is regulated by this ordinance may be occupied until a Certificate of Occupancy has been issued by the Building Inspector/Code Enforcement Officer.”

• Local zoningPresent (with conditions)

  All land and waters inside Mount Desert town limits.

  • The ordinance applies to all areas of the Town, including specified shoreland areas.

  “The provisions of this Ordinance shall apply to all areas of the Town of Mt. Desert”

• Zoning districtsPublished (with conditions)

  Land inside Mount Desert town limits.

  • Exact dimensional and use designations in Sections 3.4 and 3.5 control district definitions.

  “The sixteen Land Use Districts into which the Town is divided are generally defined below. It is important to note that exact dimensional and use designations for each such district as set forth in Sections 3.4 and 3.5 shall be controlling and shall constitute the exact definition of each such Land Use District.”

• Minimum lot sizeDistrict specific (with conditions)

  Residential One (R1) district inside Mount Desert.

  • The table distinguishes lots with public sewer, without public sewer, cluster subdivisions, and attainable-housing subdivisions.
  • Each undeveloped newly created lot must meet district dimensional requirements unless a variance is granted.

  minimum lot area without public sewer: 1 acre (R1 district)

  “RESIDENTIAL ONE (R1): areas where, because of the existing character of the neighborhood, lots of one acre are deemed appropriate.”

  One more reviewed finding on this topic

  • District specific (with conditions) — Rural or Woodland Two (RW2) district inside Mount Desert.

    “DISTRICTS RW2 RW3 [...] MINIMUM LOT AREA: A. with public sewer B. without public sewer [...] 2 acres 2 acres”

• Lot coverageDistrict specific (with conditions)

  Mount Desert zoning districts.

  • The dimensional schedule specifies different maximum coverage by district.

  maximum lot coverage: 40 percent (VR1, VR2, R1, and R2 districts) · maximum lot coverage: 15 percent (RW2 and RW3 districts)

  “DISTRICTS RW2 RW3 [...] MAXIMUM LOT COVERAGE 15% 15%”

• Building heightDistrict specific (with conditions)

  Structures inside Mount Desert, differentiated by shoreland-zone location.

  • Outside the shoreland zone, Conditional Use Approval may be issued in exceptional cases meeting ordinance standards and not adversely affecting the Town skyline.
  • Fill to circumvent height limits is prohibited.

  maximum height outside shoreland zone: <= 40 feet (Conditional Use Approval may be issued in stated exceptional cases) · maximum height in shoreland zone: <= 35 feet

  “Height: Structures outside the shoreland zone shall not exceed forty (40) feet. In exceptional cases, which meet the standards of this Ordinance and will not adversely affect the skyline of the Town, Conditional Use Approval may be issued, notwithstanding the above height limitations.”

• Living in an RVLimited

  Human habitation in recreational vehicles inside Mount Desert.

  • A recreational vehicle may be used for habitation only in a conforming campground or individual private campsite.
  • The CEO may permit temporary residential use for no more than 90 days only while a home on the same site is uninhabitable and under construction or renovation.

  temporary residential RV use: <= 90 days (Only while the same-site home is uninhabitable and under construction or renovation)

  “No recreational vehicle shall be used for human habitation unless it is in a campground or individual private campsite which has been established in accord with provisions of this Ordinance.”

• Camping on your landAllowed (with conditions)

  Individual private campsites not associated with campgrounds inside Mount Desert.

  • At most one campsite per qualifying lot or 30,000 square feet of shoreland-zone lot area, whichever is less.
  • The ordinance imposes lot-dimension, waterbody-setback, RV, foundation, attachment, and Resource Protection District clearing conditions.

  campsite limit: per 1 campsite (Per lot existing on the ordinance effective date, or per 30,000 square feet of shoreland-zone lot area, whichever is less)

  “Individual private campsites not associated with campgrounds are allowed provided the following conditions are met:”

• Tiny homesLimited

  Site-built tiny homes inside Mount Desert.

  • The rule addresses site-built tiny homes under 400 square feet.
  • Because the Town does not enforce MUBEC, a third-party inspector must inspect and report to Code Enforcement before a Certificate of Occupancy is issued.
  • Trailer-based tiny homes have a separate Certificate-of-Occupancy treatment.

  site-built tiny-home size: < 400 square feet (Traditional stick-built tiny home on a foundation)

  “This type of tiny home would be a structure constructed under the same codes and standards as a larger, more traditional dwelling and on a foundation, but still meeting the size limitation of less than 400 SF.”

• Manufactured homesLimited

  Manufactured housing inside Mount Desert.

  • The ordinance treats manufactured housing as a residential dwelling unit.
  • Manufactured housing compliant with the Manufactured Housing Act is exempt from state or political-subdivision codes, standards, rules, or regulations regulating the same matters.
  • The ordinance states no Certificate of Occupancy shall be issued for compliant manufactured housing.

  “Manufactured and/or Modular Homes that are in compliance with the Manufactured Housing Act (Title 10 Maine Revised Statutes Chapter 951) are exempt from all state or other political subdivision codes, standards, rules, or regulations that regulate the same matters.”

• Accessory dwellingsAllowed (with conditions)

  Existing or new lots with a one-family residential dwelling wholly outside the Shoreland Zone inside Mount Desert.

  • Only one accessory residential dwelling unit is allowed per lot without increasing minimum lot area.
  • The unit may be within, attached to, or in a new structure; must be at least 190 square feet and no more than 75 percent of the primary dwelling's living area; and must have adequate water supply and compliant wastewater disposal.

  accessory dwelling units: per 1 unit (Per qualifying lot) · minimum unit size: >= 190 square feet · maximum unit size: <= 75 percent of primary dwelling living area

  “For any existing or new lot with a Residential Dwelling One-Family that is wholly outside the Shoreland Zone, one accessory residential dwelling unit is allowed per lot without an increase in the minimum lot area requirement.”

• Who permits septicMixed (with conditions)

  Internal and external plumbing and subsurface wastewater disposal inside Mount Desert.

  • The local plumbing inspector administers the Maine State Internal and External Plumbing Code.
  • Subsurface facilities must conform with State of Maine Subsurface Wastewater Disposal Rules.

  “The Local Plumbing Inspector is responsible for Maine State Internal and External Plumbing Code administration, including internal and external plumbing permits, questions, inspections, and enforcement.”

• Septic permitRequired

  A proposed structure or use not served by public sewer where a subsurface wastewater disposal system is required.

  • A valid plumbing permit or completed plumbing and/or subsurface wastewater disposal permit application, including a site evaluation approved by the Plumbing Inspector, must be submitted with the zoning permit application.

  “If the property is not served by a public sewer, a valid plumbing permit or a completed application for a plumbing permit and/or subsurface wastewater disposal permit including the site evaluation approved by the Plumbing Inspector, shall be submitted whenever the nature of the proposed structure or use would require the installation of a subsurface wastewater disposal system.”

• Off-grid sanitationLimited

  Subsurface sewage disposal facilities inside Mount Desert.

  • Facilities must comply with State of Maine Subsurface Wastewater Disposal Rules.
  • Systems within 200 feet of available public sewer must connect unless the Selectboard grants the stated sewer-ordinance exception.

  “All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules.”

• Mandatory utility hookupSewer (with conditions)

  Plumbing systems within 200 feet of available public sewer inside Mount Desert.

  • The Board of Selectmen may grant an exception under Article 2 of the Town Sewer Ordinance.
  • The requirement is subject to local, state, and federal laws and regulations.

  distance from public sewer: <= 200 feet (Only where public sewer is available)

  “All plumbing systems within two hundred (200) feet of a public sewer shall be connected to public sewer where available in accordance with local, state, and federal laws and regulations.”

• Subdividing landRegulated (with conditions)

  Subdivisions inside Mount Desert.

  • Each subdivision requires Planning Board approval under the land-use ordinance, Subdivision Ordinance, and Comprehensive Plan.
  • Minor land subdivisions creating four or fewer lots receive preliminary and final review; major subdivisions creating five or more lots receive sketch, preliminary, and final review.

  minor land subdivision threshold: <= 4 lots (Division of land only that triggers subdivision review) · major land subdivision threshold: >= 5 lots (Division of land only that triggers subdivision review)

  “Each Minor Land Subdivision shall undergo a Preliminary and Final Plan review before the Planning Board at two separate meetings.”

• Driveway accessRequired

  Primary access driveways from a public or private way to a building inside Mount Desert.

  • Driveways must be located, constructed, and maintained to minimize erosion and sedimentation.
  • The standards must be maintained for emergency-vehicle ingress and egress.
  • Culverts, where required by ditching, require at least 15-inch diameter.

  minimum access right-of-way width: >= 20 feet · minimum travel surface width: >= 12 feet · minimum unobstructed width: >= 14.5 feet · minimum vertical clearance: >= 14.5 feet

  “Minimum Width of Right-of-Way or Strip of Land Used for Access: 20 feet Minimum travel surface width: 12 feet Minimum unobstructed width: 14.5 feet Minimum vertical clearance: 14.5 feet”

• Building in a floodplainRequired

  Floodplains used for construction of buildings inside Mount Desert.

  • The applicant is responsible for documenting compliance with the Mount Desert Floodplain Management Ordinance.

  “Any floodplains that are used for the construction of buildings shall be subject to the requirements of the Mt. Desert Floodplain Management Ordinance. The applicant shall be responsible for documenting compliance with this requirement.”

• Permit processPublished (with conditions)

  Land-use permit applications inside Mount Desert.

  • Applicants must provide a written municipal form and scaled site plan.
  • Required information includes lot and structure location, existing structures, setbacks, intended use, other compliance information, and documentation of right, title, or interest.
  • Additional plumbing, wastewater, and shoreland-zone submission requirements apply where applicable.

  complete-application determination period: <= 30 days (From receipt of written application)

  “Every applicant for a permit shall submit a written application, including a scaled site plan, on a form provided by the municipality, to the Code Enforcement Officer.”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction inside Mount Desert.
• Minimum dwelling size — Principal dwellings inside Mount Desert.
• Well permit — Private wells inside Mount Desert.
• Agricultural exemption — Agricultural construction and land use inside Mount Desert.
• Short-term rentals — Short-term rentals inside Mount Desert.

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.

Off-grid gear

Going off-grid in Town of Mount Desert means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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