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

Town of Whiting’s own rules

• Building permitRequired

  Construction, expansion, relocation, replacement or demolition of a structure inside Whiting town, and change of use or seasonal-to-year-round conversion of property inside Whiting town

  • Permit issued by the Planning Board; enforced by the code enforcement officer.
  • No permit is required for work on a structure up to 100 square feet in total floor area.
  • Application and permit fees are set by the select board (see permit_fees claim).
  • Permit must be acted on within one year of approval or it becomes void (section 6.3).

  exempt structure floor area: <= 100 square feet (no permit required at or below this area)

  “without first obtaining a land use permit from the planning board”

• InspectionsLimited

  Structures and uses permitted under the Whiting Land Use Permit Ordinance

  • The code enforcement officer inspects permitted structures for ordinance compliance; no inspection schedule or building-code inspection list was found.
  • Right of entry for inspection is granted under 30-A M.R.S. section 4452(1), as stated in the ordinance.

  “the code enforcement officer shall inspect any structure or use permitted under this ordinance in order to ensure compliance with this ordinance”

• Local zoningPresent (with conditions)

  Land inside Whiting town limits. Whiting's own Land Use Permit Ordinance regulates construction and use townwide; a separate Shoreland Zoning Ordinance applies within 250 feet of certain waters.

  • The Land Use Permit Ordinance is a permit-and-performance-standard ordinance and does not establish zoning districts.
  • Shoreland zoning performance standards also apply to properties within 250 feet of the normal high water line of ponds, lakes, rivers or tidal waters (section 7.5).
  • Amendment date stated in the ordinance heading is March 27, 2023; no separate effective date was stated.

  “the regulation of the construction, relocation, replacement, and alteration of buildings, as well as the use of property for specific purposes, within the town of whiting”

• SetbacksSpecified

  All structures inside Whiting town under the Land Use Permit Ordinance (single townwide standard; no district variation found)

  • Shoreland zoning district setbacks are set by the separate Shoreland Zoning Ordinance and are not covered here.
  • Campsite setbacks are a separate rule (10 feet, section 7.4 c).

  setback from property line: >= 10 feet (shoreland zoning district governed separately) · setback from public way: >= 25 feet (shoreland zoning district governed separately)

  “no structure shall be allowed within 10 feet of any property line of the subject property or within 25 feet of any public way”

• Building heightSpecified

  All structures inside Whiting town under the Land Use Permit Ordinance (single townwide standard; no district variation found)

  • Height measured from existing grade.
  • Shoreland zoning height limits, if any, are set separately and were not reviewed.

  maximum structure height: <= 30 feet (measured from existing grade)

  “nor shall any structure exceed 30 feet in height as measured from the existing grade”

• Living in an RVLimited

  Recreational vehicles used as living quarters on individual private campsites inside Whiting town, outside campgrounds

  • Only one recreational vehicle per campsite.
  • The RV may not sit on a permanent foundation except a gravel pad; only a canopy may be attached.
  • Campsite must be set back at least 10 feet from all property lines and public or private ways.
  • Lot must have at least 33,000 square feet of total area.
  • Over 120 days per year on site, residential-structure requirements apply, including a subsurface wastewater system unless served by public sewer.
  • Campsites within the shoreland zoning district are approved under section 15(e) of the shoreland zoning ordinance.

  lot area for individual private campsite: >= 33000 square feet · days on site before residential requirements apply: > 120 days per year

  “when a recreational vehicle, tent, or similar shelter is placed on-site for more than one hundred twenty (120) days per year, all requirements for residential structures shall be met”

• Camping on your landLimited

  Individual private campsites not associated with a campground, on lots wholly outside the shoreland zoning district, inside Whiting town

  • One campsite per lot existing on the effective date of the ordinance.
  • Campsite must have a written sewage disposal plan approved by the local plumbing inspector or designee.
  • Campsite must be set back at least 10 feet from all property lines and all public or private ways.
  • Campgrounds are regulated separately; the Campground Ordinance page on the town site showed no text when opened.

  lot area for individual private campsite: >= 33000 square feet · setback from property lines and ways: >= 10 feet

  “individual private campsites not associated with campgrounds are allowed, provided the below conditions are met”

• Off-grid sanitationLimited

  Individual private campsites outside the shoreland zoning district inside Whiting town

  • Applies to individual private campsites only; general dwelling sanitation rules were not found.
  • Campsites inside the shoreland zoning district are reviewed under section 15(e) of the shoreland zoning ordinance, not this section.
  • Where a recreational vehicle, tent or similar shelter is on site over 120 days per year, a state-compliant subsurface wastewater disposal system is required unless served by public sewer (section 7.4 f).

  “a written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the local plumbing inspector or their designee”

• Subdividing landRegulated (with conditions)

  All land within the boundaries of the town of Whiting

  • Adopted under 30-A M.R.S. section 4956 per the ordinance authority section.
  • Re-subdivision and reserve-strip provisions also apply under the same ordinance.
  • Lot size, road and driveway standards inside the subdivision ordinance were not extracted.

  “this ordinance shall pertain to all land within the boundaries of the town of whiting.”

• Permit feesVariable (with conditions)

  Land use permit application and permit fees inside Whiting town

  • Fees are set by the select board, not in the ordinance text.
  • Fees double for a new or amended permit sought after a notice of violation.
  • The current fee schedule was not located on the town site within budget.

  “the amount of both fees shall be commensurate with the costs of administering this ordinance, and shall be set in the discretion of the select board, upon the advice of the planning board”

• Permit processPartial

  Land use permit application process inside Whiting town

  • Application must be in writing on the form approved by the select board, available through the town office.
  • Planning Board must decide within 60 days after accepting a complete application.
  • Permit is void if work does not begin within one year of approval.
  • Appeals go to the Whiting board of appeals within 30 days of a planning board decision.

  planning board decision deadline: <= 60 days

  “once an application is accepted for consideration, the planning board shall render a decision in writing within 60 days”

Rules another office applies inside Town of Whiting

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

• Septic permitRequired

  Installation of a subsurface wastewater disposal system inside Whiting town

  • Permit is valid for work commenced within 24 months after issuance.
  • Permit is issued through the municipality's local plumbing inspector under state law.

  permit validity for work commenced: <= 24 months

  “b. the installation of a subsurface waste water disposal system or components; or”

Still unanswered

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

• Owner-builder exemption — Owner-builder exemption inside Whiting town
• Building code adopted — Building code adoption inside Whiting town
• Certificate of occupancy — Certificate of occupancy for new dwellings inside Whiting town
• Zoning districts — Zoning districts inside Whiting town
• Minimum dwelling size — Minimum dwelling size inside Whiting 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.