Maine Clause Assuring Utilization of a Broad Range of Common Areas

State:
Multi-State
Control #:
US-OL9012
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Word; 
PDF
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Description

This office lease clause was negotiated into a lease document for an unusual premises to assure utilization of a broad range of common areas. This states that the tenant and its invitees shall throughout the term of the lease continue to enjoy access and utilization of the common areas on a first come first served basis.

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FAQ

Under Maine law, a property boundary described as extending to or along ?the shore? of a tidal area extends only to the high water mark, and not to the low water mark ? and the intertidal area between the upland owner's land and the low water mark could be owned by another party.

The 30% is based on both the floor area and the volume of the structure as it existed on January 1, 1989, but only applies to the part of the building that is within the required setback. "Floor area" includes all floors, porches, and decks; "volume" includes spaces that are within the roof and fixed exterior walls.

Minimum Set Back for buildings ? For great ponds and rivers flowing to great ponds 100 feet from the high water mark. For other water bodies, 75 feet from the normal high water mark. Vegetative Clearings ? This is a probably the most misunderstood of all shoreland rules.

Minimum Set Back for buildings ? For great ponds and rivers flowing to great ponds 100 feet from the high water mark. For other water bodies, 75 feet from the normal high water mark. Vegetative Clearings ? This is a probably the most misunderstood of all shoreland rules.

Maine law requires municipalities to adopt, administer, and enforce shoreland zoning ordinances that regulate land use activity within (1) 250 feet horizontal distance of great ponds (generally, inland natural water bodies of at least 10 acres surface area or inland artificial water bodies of at least 30 acres surface ...

For specific information about your local shoreland zoning provisions, refer to your municipal ordinance. Most land uses within 250 feet of Maine's rivers, wetlands, lakes, the ocean, and within 75 feet of certain streams are subject to the regulation of Maine's Mandatory Shoreland Zoning Act.

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Maine Clause Assuring Utilization of a Broad Range of Common Areas