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

Town of Burlington’s own rules

• Building permitRequired

  Construction, alteration, repair, placement or replacement of any building or part thereof in Burlington town where the work is 100 square feet or more

  • Permit is issued by the code enforcement officer; work may proceed only after the permit is obtained.
  • If any work includes the subsurface sewage disposal system, a plumbing permit must be obtained before the building permit is issued.
  • If work begins before the building permit is obtained, all fees are doubled.
  • Permit sheet says work of the threshold size requires a permit; the 2023 permit sheet also says other small projects such as sheds, garages and decks should check with the CEO, and other permits may not be required.

  threshold: >= 100 square feet (work under 100 square feet is not covered by the building permit requirement in the ordinance text)

  “A Building Permit is required before beginning the construction, alteration, addition or the replacement of a building or part thereof which the proposed work is “100 square feet or more”.”

• Building code adoptedAdopted (with conditions)

  New construction, alterations, additions, relocation, placement and replacement of buildings inside Burlington town

  • Town-adopted building code ordinance, effective February 1, 2024; adopted under home rule and police powers (Title 30-A MRSA section 3002 and 3001).
  • The ordinance incorporates NFPA 101 Life Safety Code (1981 edition or latest as amended), NFPA 70 National Electric Code (1984 edition or latest as amended), NFPA 211 (1980 edition or latest as amended), the Maine State Plumbing Code, and Maine Subsurface Wastewater Disposal Rules.
  • Where ordinance conflicts with other codes, the provision establishing the higher standard of safety and health prevails (Section XXIV).

  “this ordinance shall become effective february 1, 2024 enacted: at special town meeting held on january 9th, 2024”

• InspectionsRequired

  Work authorized by a building permit in Burlington town

  • Initial site visit before the building permit is issued, and inspection at completion of work performed under permit.
  • Permit holder must notify the CEO on completion; the CEO must give reasonable notice before any site visit or inspection.
  • Other inspections may be required at the CEO's discretion.

  “the code enforcement officer shall as a minimum visit and inspect every structure upon which work is being done, where a permit is required, at the following times”

• Minimum lot sizeSpecified

  Any newly constructed or newly relocated building in Burlington town. The ordinance sets no district-specific lot sizes; the rule applies townwide.

  • Existing lots of record that do not meet the requirement are exempt on the date of passage or amendment; adjoining lots in the same ownership are treated as one lot.
  • Existing buildings may be renovated, replaced or repaired for the same use without meeting the lot requirement; a building destroyed by natural disaster may be replaced on a lot under 1 acre.
  • No one may reduce a lot with subsurface waste disposal below the size or frontage allowed by this section.

  minimum lot area: >= 1 acre (existing lots of record exempt; natural-disaster replacement exempt) · minimum road frontage: >= 100 feet (frontage facing any street, town way, public easement or private road, excluding driveways) · minimum lot depth: >= 200 feet

  “any newly constructed or newly relocated building shall be situated on a lot with an area of at least 1 acre, frontage width facing any street, town way, public easement, or private road, excluding driveways, of not less than 100 feet and a depth of not less than 200 feet”

• SetbacksSpecified

  Any newly erected or newly relocated building in Burlington town. Applies townwide; the ordinance sets no district-specific setbacks.

  • Road setback is measured from the center of the traveled way of adjacent public or private ways.
  • Existing non-conforming structures may be moved or replaced to decrease nonconformity, if the planning board finds the change more appropriate.
  • Existing buildings and their renovation, replacement or repair for the same use are exempt from the setback.

  road setback: >= 50 feet (measured from the center of the traveled way) · side yard setback: >= 10 feet (measured from the furthest extent of the building to the adjoining lot line)

  “any building newly erected or newly relocated on a lot shall be set back 50 feet from the center of the traveled way of all adjacent public or private ways”

• Living in an RVTemporary only (with conditions)

  Campers, travel trailers and recreational vehicles used for living inside Burlington town

  • A camper or travel trailer may not be used as a mobile home or permanent dwelling.
  • Temporary use is limited to no more than 180 days.
  • Checklist also says construction may not start, and manufactured housing may not be placed, before written CEO approval.

  temporary use limit: <= 180 days

  “A camper or travel trailer shall in no case be used as a mobile home or as a permanent dwelling. Temporary use means no more than 180 days.”

• Septic permitRequired

  Installation, alteration and repair of subsurface sewage disposal systems in Burlington town, and any new dwelling

  • Plumbing permit issued by the local plumbing inspector on application; a plumbing permit must be obtained before the building permit is issued where septic work is involved.
  • The permit sheet states an internal and external (septic system) permit is required before any new dwelling is built.
  • External plumbing permit fee is as established by the State of Maine.

  external plumbing permit fee: as established by State of Maine

  “Internal and External (septic system) permit is required prior to the construction of anynew dwelling.”

• Septic inspectionRequired

  Subsurface sewage disposal systems installed or altered in Burlington town

  • Installer must notify the local plumbing inspector in writing at least 48 hours before the work is covered or concealed.
  • The plumbing inspector inspects within 48 hours, excluding Saturdays, Sundays and holidays.

  notice before inspection: >= 48 hours (excluding Saturdays, Sundays and holidays for inspector response time)

  “the person performing the work shall notify the local plumbing inspector in writing not less than 48 hours before the work is to be inspected”

• Subdividing landRegulated (with conditions)

  Division of land into lots in Burlington town (minor and major subdivisions)

  • Subdivision ordinance of the Town of Burlington, effective April 2, 2024; the ordinance covers minor and major subdivisions, Planning Board review, and violations and enforcement.
  • Criteria of approval include sewage disposal, water supply, flood areas, storm water and others; the full text was not opened, only the table of contents.
  • Utility hookups before approval and development before approval are prohibited under the ordinance's violation provisions (table of contents only).

  “subdivision ordinance of the town of burlington, maine effec ve: april 2, 2024”

• Driveway accessLimited

  Building sites in Burlington town that may need a driveway culvert

  • Culvert may be required at the building site; check with the town office or CEO.
  • A separate driveway entrance permit form is posted on the town site but was not opened.

  “A driveway culvert may be required at your Building Site. Check with the Town Office or C.E.O. for culvert information.”

• Permit feesPublished (with conditions)

  Building permit fees in Burlington town

  • Fees in the ordinance: minimum $20.00 building permit; 10 cents per square foot for accessory or unconditioned space; 20 cents per square foot for habitable (conditioned) space; 30 cents per square foot for commercial or industrial space.
  • Square footage is calculated from the footprint and additional floors.
  • Work started before the permit is obtained: all fees are doubled.
  • Plumbing permit fee is as established by the State of Maine.
  • The 2023 permit sheet and the undated checklist repeat the same rates; the ordinance (effective February 1, 2024) controls.

  minimum building permit fee: >= 20 USD · habitable dwelling fee: 0.2 USD per sq ft (conditioned space)

  “Building Permit Fees are as follows: A minimum of $20.00 shall be charged for a building permit.”

• Permit processPublished (with conditions)

  Building and plumbing permit application in Burlington town

  • Application goes in writing to the code enforcement officer and must include applicant, site location, site plan with septic and water supply, intended use, sewage system type, dimensions and elevations, and plans if required.
  • CEO issues the permit or sends a written refusal within 2 weeks of application.
  • Building permits expire 2 years from the date of issue; the permit must be displayed on site until work is approved.
  • Permit sheet steps: obtain plumbing permit first (soil test, site plan, plumbing inspector contact), then call the CEO for a site visit and building permit.

  decision deadline: <= 2 weeks · permit validity: 2 years

  “Step 1 ……...….Obtain Plumbing Permits (Need soil test, site plan and contact Plumbing Inspector) Step 2 ………….Contact C.E.O. for Site Visit & Building Permit”

Still unanswered

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

• Owner-builder exemption — Owner-builders of residential construction in Burlington town
• Certificate of occupancy — Occupancy of new dwellings in Burlington town
• Local zoning — Land inside Burlington town limits, Penobscot County, Maine: whether the town administers its own zoning ordinance
• Zoning districts — Land inside Burlington town limits: zoning district map or schedule
• Minimum dwelling size — Minimum floor area for a dwelling in Burlington 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.

Off-grid gear

Going off-grid in Town of Burlington 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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