STATE OF MAINE DEPARTMENT OF AGRICULTURE, CONSERVATION & FORESTRY

LAND USE PLANNING COMMISSION 22 STATE HOUSE STATION

AUGUSTA, MAINE 04333-0022 JANET T. MILLS

GOVERNOR

AMANDA E. BEAL COMMISSIONER

SAMANTHA HORN ACTING EXECUTIVE DIRECTOR

HARLOW BUILDING, 4TH FLOOR PHONE: 207-287-2631 WWW.MAINE.GOV/DACF/LUPC FAX: 207-287-7439

Memorandum To: LUPC Commissioners

From: Stacie Beyer, Acting Planning Manager

Naomi Kirk-Lawlor, Senior Planner

Date: September 27, 2019

Re: Weyerhaeuser Petition to Terminate Moosehead Region Concept Plan

Introduction

On September 23, Weyerhaeuser submitted a petition to terminate the Moosehead Region Concept Plan (MRCP) and rezone those lands to Protection and Management subdistricts. The former Land Use Regulation Commission approved the 380,074 acre MRCP in 2009. The Plan was designed to permanently conserve over 390,000 acres both in the plan area and in a separate parcel known as the Roaches Pond Tract. Another 16,910 acres were designated for development of up to 2,025 residential and short term housing units (MRCP, Sub-Chapter IV, Section 10.28,B). The plan language requires that the Commission designate replacement zoning for all of the Plan Area lands prior to approving termination. Weyerhaeuser explains the rationale for terminating in a cover letter, which is attached to this memo. It is also worth noting that the MRCP imposes restrictions on harvesting in the development areas that were designed to retain vegetation to screen future development. It appears that Weyerhaeuser intends to primarily conduct forestry operations, and in that context the restrictions are no longer necessary.

Effect of the Proposed Termination and Rezoning

Substantial public benefits have already been realized from the MRCP and those benefits will continue in perpetuity. They include:

• Permanent conservation of over 390,000 acres • Permanent hiking trail easements totaling 121 acres, and $1 million to construct trails • Easements for 81 miles of ITS snowmobile trails • Donation of 25 acres for affordable housing

LUPC Commissioners September 27, 2019 Page 2 of 3

On the 16,910 acres that were not conserved and were included in development areas, any special development rights and responsibilities will terminate with the end of the MRCP. Public benefits that would have been triggered by the future exercise of those development rights will no longer be required because the development rights themselves will be terminated. These include various fees, funds, and deed covenants.

One notable outstanding issue is that the MRCP entitled the Bureau of Parks and Lands to 50 acres of donated land, with the locations to be worked out with Weyerhaeuser. The BPL and Weyerhaeuser report that they are in substantial agreement on a modified package of donations, including some land and some additional road easements, that will best serve the public’s interest in accessing important easement area recreation assets in perpetuity. The agreement between the BPL and Weyerhaeuser resolves the only major outstanding MRCP obligation that staff have identified.

Planning Needs in the Region

The Moosehead region is identified in the Comprehensive Land Use Plan as a region with special planning needs (CLUP, Section 4.6.E). If the MRCP had not been proposed, the Commission would likely have begun regional planning in the 2000’s. However, the MRCP covers such a dominant land area in the region, that the Commission chose not to initiate a separate regional planning process. Weyerhaeuser’s petition to terminate does not change the fact that there are now substantial conserved lands and recreation assets in the region, but it does raise the question of how best to plan for the future on the remaining lands that are neither conserved nor in government ownership.

The Moosehead region has, in the last several years, undertaken several high-quality visioning and economic development planning processes1. The community is in a good position to use that information for a future regional land use planning project. The community may feel that the best way forward would be to work with the LUPC to prospectively zone some development areas in appropriate places in a comprehensive way, rather than dealing with zoning petitions for developments on an individual basis.

Before the MRCP can be terminated, the Commission must evaluate Weyerhaeuser’s petition to rezone to management and protection subdistricts. This process will include opportunity for public comment. Separately, a regional land use planning project could be undertaken in collaboration with the community. Exactly what the planning process looks like can be guided by the community.

What Will Happen Upon Termination of the MRCP?

The vast majority of the plan area is within the conservation easement. Timber harvesting and some recreational uses, guided by the terms that easement, will remain the dominant activities within the conservation easement area. With the exception of one operating sporting camp (~4 acres, proposed D-GN) Weyerhaeuser’s petition would return the remaining 16,910 acres to management and protection zoning, similar to most of the LUPC service area.

1 For example, the Moosehead Lake Region Branding Initiative (Moosehead Lake Economic Development Corp.) and the Moosehead Lake Regional Plan (Future IQ).

LUPC Commissioners September 27, 2019 Page 3 of 3

If the termination is approved, and protection and management zoning is in place, a future landowner could petition for rezoning or apply for permits for development on those lands, consistent with the Commission’s current rules. As rezoning is a discretionary act, the Commission has substantial control over the outcome in a rezoning process, thus leaving little risk that there will be inappropriate rezonings as a result of the termination and before a regional planning process concludes.

However, there are some types of development that are allowed with a permit in the General Management (M-GN) subdistrict. It would be best if any substantial development were delayed until the conclusion of the regional planning process. To limit any risk in this regard, LUPC staff have spoken with Weyerhaeuser. The company has agreed that they will not apply for permits for development for a reasonable period of time to allow for a regional planning process.

Next Steps and Staff Recommendation

Staff will evaluate the petition for completeness and bring it to the Commission for a decision about holding a hearing. Public hearings on rezonings are required if five or more persons request one. It seems likely that there will be substantial interest among members of the public in holding a hearing, so the Commission could choose to instruct the staff today to schedule a public hearing when the petition is complete and ready for hearing.

Staff recommend that the LUPC ask Weyerhaeuser to confirm in writing their commitment to finishing the 50 acre donation process with the BPL, and their commitment to not file any proposals for development for some reasonable period of time. Based on an estimate of how long it would take to complete regional planning, staff suggests that a commitment to hold off until the end of the regional planning process, or Jan 1, 2022, whichever comes first, would be appropriate.

Staff further recommend that the Commissioners direct staff to spend time this winter in consultation with local individuals and organizations scoping out what type and extent of regional planning would be most appropriate and welcome locally. Staff’s preliminary thought is that the geographic extent might include the areas within a few miles of the lake from Lily Bay around the south end of the lake and up to Rockwood or Tomhegan. However, that may change based on local consultations, especially given the significant amount of visioning and planning the local community has already accomplished. Following those consultations, a regional planning process could begin in spring or summer of 2020.

With the above recommendations in place, staff feel that a termination process that anticipates reverting to primarily management and protection subdistricts could be done responsibly.

Attachments: Cover Letter from Weyerhaeuser Summary map of MRCP

Rockwood

Brassua Lake

FletcherPondEast

Kennebec RiverWest Outlet

Moosehead WildlandsConcept Plan

Leith Pond

Mud Pond LutherPond

MuskratPondFish Pond

Center Pond

Canada FallsLake

TomheganPond

NorthwestCove

Moosehead Lake

Kokadjo

Spencer Bay

First Roach Pond

Second Roach Pond

Trout Pond

Fourth RoachPond

Third RoachPond

BeaverPond

Penobscot Pond

Second WestBranch Pond

First WestBranch Pond

Big LyfordPond

ProngPond

RumPond

LowerWilson Pond

UpperWilson Pond

BeaverCove

MudPond

Kennebec RiverEast Outlet

IndianPond

MountainViewPond

BurnhamPond

Chase StreamPond

Ellis Pond

HorseshoePond

Long Pond

DemoPond

Lily B

ay R

oad

KnightsPond

Fogg Pond

RoderiquePond

Bluff Pond

Long Bog

Fourth WestBranch Pond

CranberryPond

NotchPond

BrownPond

HedgehogPond

Horseshoe Pond

FoggPond

MountainPond

Little IndianPond

LongPond

RoundPond

IslandPond

MudPond

Dead StreamPond

FlatironPond

SquirtgunFlowage Knights

Pond

Little ChaseStream Pond

Ten ThousandAcre Pond

ChubPond

Chase StreamPond

MiseryPond

Upper MiseryPond

Cold StreamPond

OtterPond

Little OtterPond

ScribnerPond

FletcherPondWest

LostPond

JewettPond

LuckyPond

SpencerPond Lazy Tom

Bog

IndianPond

Long Pond

SecretPond

DipperPond

Horseshoe Pond

Lower Paradise Pond

Smith Pond

Upper Paradise Pond

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CONCEPT PLANforPLUM CREEK'SLANDSin theMOOSEHEAD LAKE REGION

Concept Plan Summary­

0 3 6Miles

500 Ac100 Ac10 Ac

LegendResource Plan Protection (P-RP) Subdistrict

Private, State, Federal Land in Conservation

Moosehead Region Conservation Easement

Roaches Pond Tract

No Disturbance Area

Residential Development Zone (D-MH-RS1)

Residential/Resort Optional Zone (D-MH-RS2)

Primitive Resort Development Zone (D-MH-PR)

Resort Development Zone (D-MH-RT)

Commercial Industrial Development Zone (D-MH-CI)

Mapped Sand and Gravel Aquifer

Major Road (Public)

Minor Road (Public or Private)

Approximate Moosehead-to-Mahoosucs Trail

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ITS Snowmobile Trail

Existing Public ITS Snowmobile Trail

Railroad

Roaches Pond Tract

Map 2Note:This map does not depict any Protection Subdistricts. TheOfficial Land Use Guidance Maps show all Protection Subdistricts within the Concept Plan Area.