All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone, shall conform to all of the applicable land use standards in this article. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
All land use activities within the shoreland zone shall conform
to the following provisions, if applicable.
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NOTE: Municipalities should review the land use standards contained
herein to determine whether they will result in a scale of development
that is compatible with existing development or with the future desired
scale of development. If not, more restrictive land use standards
may be adopted by the municipality.
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A.
B.
Land below the normal high-water line of a water body or upland edge
of a wetland and land beneath roads serving more than two lots shall
not be included toward calculating minimum lot area.
C.
Lots located on opposite sides of a public or private road shall
be considered each a separate tract or parcel of land unless such
road was established by the owner of land on both sides thereof after
September 22, 1971.
D.
The minimum width of any portion of any lot within 100 feet, horizontal
distance, of the normal high-water line of a water body or upland
edge of a wetland shall be equal to or greater than the shore frontage
requirement for a lot with the proposed use.
E.
If more than one residential dwelling unit, principal governmental,
institutional, commercial or industrial structure or use, or combination
thereof, is constructed or established on a single parcel, all dimensional
requirements shall be met for each additional dwelling unit, principal
structure, or use.
A.
All new principal and accessory structures shall be set back at least
100 feet, horizontal distance, from the normal high-water line of
great ponds classified GPA and rivers that flow to great ponds classified
GPA and 75 feet, horizontal distance, from the normal high-water line
of other water bodies, tributary streams, or the upland edge of a
wetland, except that in the General Development I District the setback
from the normal high-water line shall be at least 25 feet, horizontal
distance. In the Resource Protection District the setback requirement
shall be 250 feet, horizontal distance, except for structures, roads,
parking spaces or other regulated objects specifically allowed in
that district, in which case the setback requirements specified above
shall apply.
In addition:
(1)
The water body, tributary stream, or wetland setback provision shall
apply neither to structures which require direct access to the water
body or wetland as an operational necessity, such as piers, docks
and retaining walls, nor to other functionally water-dependent uses.
(2)
All principal structures along significant river segments as listed
in 38 M.R.S.A. § 437 shall be set back a minimum of 125
feet, horizontal distance, from the normal high-water line and shall
be screened from the river by existing vegetation. This provision
does not apply to structures related to hydropower facilities.
(3)
For principal structures, water and wetland setback measurements
shall be taken from the top of a coastal bluff that has been identified
on coastal bluff maps as being highly unstable or unstable by the
Maine Geological Survey pursuant to its Classification of Coastal
Bluffs and published on the most recent coastal bluff map. If the
applicant and the permitting official(s) are in disagreement as to
the specific location of a highly unstable or unstable bluff, or where
the top of the bluff is located, the applicant may, at his or her
expense, employ a Maine registered professional engineer, a Maine
certified soil scientist, a Maine state geologist, or other qualified
individual to make a determination. If agreement is still not reached,
the applicant may appeal the matter to the Board of Adjustment and
Appeals.
(4)
On a nonconforming lot of record on which only a residential structure
exists, and where it is not possible to place an accessory structure
meeting the required water body, tributary stream or wetland setbacks,
the Code Enforcement Officer may issue a permit to place a single
accessory structure, with no utilities, for the storage of yard tools
and similar equipment. Such accessory structure shall not exceed 80
square feet in area nor eight feet in height and shall be located
as far from the shoreline or tributary stream as practical and shall
meet all other applicable standards, including lot coverage and vegetation
clearing limitations. In no case shall the structure be located closer
to the shoreline or tributary stream than the principal structure.
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NOTE: All tidal land which is subject to tidal action during
the highest annual tide is coastal wetland.
|
|
NOTE: A tributary stream may be perennial or intermittent. Where
a tributary stream is present within the shoreland zone, setback standards
from that tributary stream are applicable.
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B.
Principal or accessory structures and expansions of existing structures
which are permitted in the Resource Protection, Limited Residential,
and Stream Protection Districts shall not exceed 35 feet in height.
This provision shall not apply to structures such as transmission
towers, windmills, antennas, and similar structures having no floor
area.
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NOTE: A municipality may also exempt a cupola, dome, widow's
walk or other similar feature from the height limits in accordance
with 38 M.R.S.A. § 439-A(9).
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C.
The lowest floor elevation or openings of all buildings and structures,
including basements, shall be elevated at least one foot above the
elevation of the 100-year flood, the flood of record or, in the absence
of these, the flood as defined by soil types identified as recent
floodplain soils. In those municipalities that participate in the
National Flood Insurance Program and have adopted the April 2005 version,
or later version, of the floodplain management ordinance, accessory
structures may be placed in accordance with the standards of that
ordinance and need not meet the elevation requirements of this subsection.[1]
D.
With the exception of General Development Districts located adjacent
to coastal wetlands and rivers that do not flow to great ponds, and
Commercial Fisheries/Marine Activities Districts, nonvegetated surfaces
shall not exceed a total of 20% of the portion of the lot located
within the shoreland zone. This limitation does not apply to public
boat launching facilities regardless of the district in which the
facility is located.
(1)
In
a General Development District located adjacent to coastal wetlands,
or rivers that do not flow to great ponds, or in a Commercial Fisheries/Marine
Activities District, nonvegetated surfaces shall not exceed a total
of 70% of the portion of the lot located in the shoreland zone.
(2)
For
the purposes of calculating lot coverage, nonvegetated surfaces include,
but are not limited to the following: structures, driveways, parking
areas, and other areas from which vegetation has been removed. Naturally
occurring ledge and rock outcroppings are not counted as nonvegetated
surfaces when calculating lot coverage for lots of record on March
24, 1990 and in continuous existence since that date.
E.
Retaining walls that are not necessary for erosion control shall
meet the structure setback requirement, except for low retaining walls
and associated fill, provided that all of the following conditions
are met:
(1)
The site has been previously altered and an effective vegetated buffer
does not exist;
(2)
The wall(s) is (are) at least 25 feet, horizontal distance, from
the normal high-water line of a water body, tributary stream, or upland
edge of a wetland;
(3)
The site where the retaining wall will be constructed is legally
existing lawn or is a site eroding from lack of naturally occurring
vegetation and which cannot be stabilized with vegetative plantings;
(4)
The total height of the wall(s), in the aggregate, is no more than
24 inches;
(5)
Retaining walls are located outside of the one-hundred-year floodplain
on rivers, streams, coastal wetlands, and tributary streams, as designated
on the Federal Emergency Management Agency's (FEMA) Flood Insurance
Rate Maps or Flood Hazard Boundary Maps or the flood of record or,
in the absence of these, by soil types identified as recent floodplain
soils;
(6)
The area behind the wall is revegetated with grass, shrubs, trees,
or a combination thereof, and no further structural development will
occur within the setback area, including patios and decks; and
(7)
A vegetated buffer area is established within 25 feet, horizontal
distance, of the normal high-water line of a water body, tributary
stream, or upland edge of a wetland when a natural buffer area does
not exist. The buffer area must meet the following characteristics:
(a)
The buffer must include shrubs and other woody and herbaceous
vegetation. Where natural ground cover is lacking, the area must be
supplemented with leaf or bark mulch.
(b)
Vegetation plantings must be in quantities sufficient to retard
erosion and provide for effective infiltration of stormwater runoff.
(c)
Only native species may be used to establish the buffer area.
(d)
A minimum buffer width of 15 feet, horizontal distance, is required,
measured perpendicularly to the normal high-water line or upland edge
of a wetland.
(e)
A footpath not to exceed the standards in § 226-39B(1) may traverse the buffer.
F.
Notwithstanding the requirements stated above, stairways or similar
structures may be allowed with a permit from the Code Enforcement
Officer to provide shoreline access in areas of steep slopes or unstable
soils, provided that the structure is limited to a maximum of four
feet in width, the structure does not extend below or over the normal
high-water line of a water body or upland edge of a wetland (unless
permitted by the Department of Environmental Protection pursuant to
the Natural Resources Protection Act, 38 M.R.S.A. § 480-C),
and the applicant demonstrates that no reasonable access alternative
exists on the property.
G.
Solar
arrays and windmills may be placed within the setback area but only
in a legally existing clearing and any additional vegetation removal
necessary must conform to the vegetation removal provisions within
this chapter. In addition, the extent of a proposed alternative energy
project must be limited by design to the energy needs of the existing
use on the property. Sale of energy to the power grid must be limited
to incidental excess power generation. Projects designed for commercial
generation of power must comply with structure setback requirements.
A.
Purpose. The purpose of this section is to protect traditional public
access to and use of the shore and to minimize adverse impacts on
fisheries, on the environment and on public enjoyment of the shoreline,
including visual and navigational impacts.
B.
Applicability.
(1)
This section pertains to construction of, or alteration and repairs
to, piers, wharves, docks, bridges, floats and other structures and
uses extending over or beyond the mean high-water line of a water
body, submerged lands, or wetlands. These are referred to simply as
"piers, wharves, docks, bridges, floats and other structures" in the
subsections below.
(2)
Piers are platforms built with pilings for support; wharves are solid
structures built of granite blocks and/or other contiguously placed
materials; the term "docks" refers to the docking space alongside
or between piers and wharves as well as the piers and wharves themselves
(the more common usage). "Other structures" includes, but is not limited
to, items such as ramps, marine rails and cribbing.
(3)
Functionally water-dependent uses are those uses that require, for
their primary purpose, location on submerged lands or that require
direct access to, or location in, coastal or inland waters and that
cannot be located away from these waters. The uses include, but are
not limited to, commercial and recreational fishing and boating facilities,
excluding recreational boat storage buildings, finfish and shellfish
processing, fish storage and retail and wholesale fish marketing facilities,
waterfront dock and port facilities, shipyards and boat building facilities,
marinas, navigation aids, basins and channels, retaining walls, and
uses that primarily provide general public access to coastal or inland
waters.
C.
Review and approval authority. The Coastal Waters Commission is authorized
to review and act on applications for structures in coastal waters
or coastal wetlands, except for bridges. All bridges as well as all
other structures outside of coastal waters or coastal wetlands shall
be reviewed by the Code Enforcement Officer. Projects shall be reviewed
for conformance with the provisions of this section. The Coastal Waters
Commission or the Code Enforcement Officer may act to approve, disapprove,
or approve the project with conditions as authorized by these provisions.
(1)
Prior to submission of any application, the applicant must obtain
all required federal and state permits, including but not limited
to a permit from the Department of Environmental Protection under
the Natural Resources Protection Act, 38 M.R.S.A. § 480-C,
as subsequently amended, and the Army Corps of Engineers.
(2)
A completed application and information describing conformance with
the provisions of this section shall be submitted to the Code Enforcement
Officer for all bridges and to the Town Manager or his/her designee
for all wharves, docks, bridges, floats and other structures.
(a)
Applications shall include but shall not be limited to:
[1]
Structure elevations.
[2]
High and low water elevations.
[3]
Building materials to be used.
[4]
Soil erosion and sedimentation plan.
[5]
Habitat types.
[6]
Property boundary surveys.
[7]
Plan for annual or seasonal installation and removal (storage)
of float, ramp, and pier accessories.
[8]
Proof of right title and interest in the property.
(b)
The Coastal Waters Commission or the Code Enforcement Officer
shall review the documents for completeness. The Coastal Waters Commission
shall provide to the Town Council a written advisory recommendation
regarding all applications under its jurisdiction and related to this
section.
(3)
The Town shall notify all property owners within 1,500 feet of the
proposed project. In addition, the Town shall place public notices
to maximize notification to the affected citizenry. Notices may include
the Internet, local papers, and local public places.
(4)
The Town Council shall hold a public hearing and issue a wharfing-out
permit with or without conditions upon a positive recommendation from
the Coastal Waters Commission that the following standards have been
met. No Planning Board review is required.
D.
Approval standards and criteria. The following standards shall apply
to all piers, docks, wharves, floats, bridges, and other structures
and uses extending over or beyond the normal high-water line of a
water body, submerged lands, or wetlands and shoreline stabilization:
(1)
No more than one pier, dock, wharf or similar structure extending or located below the normal high-water line of a water body or within a wetland is allowed on a single lot; except that when a single lot contains at least twice the minimum shore frontage as specified in § 226-23 a second structure may be allowed and may remain as long as the lot is not further divided.
(2)
Access from the shore shall be developed on soils appropriate for
such use and constructed so as to control erosion.
(3)
The location shall not interfere with existing developed or natural
beach areas.
(4)
The facility shall be located so as to minimize adverse effects on
fisheries.
(5)
The facility shall be no larger in dimension than necessary to carry
on the activity and be consistent with the surrounding character and
uses of the area. A temporary pier, dock, or wharf in nontidal waters
shall not be wider than six feet for noncommercial uses.
(6)
No new structure shall be built on, over or abutting a pier, wharf,
dock or other structure extending beyond the normal high-water line
of a water body or within a wetland unless the structure requires
direct access to the water body or wetland as an operational necessity.
(7)
New permanent piers and docks on nontidal waters shall not be permitted
unless it is clearly demonstrated to the Code Enforcement Officer
that a temporary pier or dock is not feasible and a permit has been
obtained from the Department of Environmental Protection pursuant
to the Natural Resources Protection Act.
(8)
No existing structures built on, over or abutting a pier, dock, wharf
or other structure extending beyond the normal high-water line of
a water body or within a wetland shall be converted to residential
dwelling units in any district.
(9)
Except in the General Development District, structures built on,
over or abutting a pier, wharf, dock or other structure extending
beyond the normal high-water line of a water body or within a wetland
shall not exceed 20 feet in height above the pier, wharf, dock or
other structure.
(10)
Vegetation may be removed in excess of the standards in § 226-39 of this chapter in order to conduct shoreline stabilization of an eroding shoreline, provided that a permit is obtained from the Planning Board. Construction equipment must access the shoreline by barge when feasible as determined by the Coastal Waters Commission.
(a)
When necessary, the removal of trees and other vegetation to allow
for construction equipment access to the stabilization site via land
must be limited to no more than 12 feet in width. When the stabilization
project is complete, the construction equipment accessway must be
restored.
(11)
A deck over a river may be exempted from the shoreland setback requirements
if it is part of a downtown revitalization project that is defined
in a project plan approved by the legislative body of the municipality,
and may include the revitalization of structures formerly used as
mills that do not meet the structure setback requirements, if the
deck meets the following requirements:
(a)
The total deck area attached to the structure does not exceed 700
square feet;
(b)
The deck is cantilevered over a segment of a river that is located
within the boundaries of the downtown revitalization project;
(c)
The deck is attached to or accessory to an allowed commercial use
in a structure that was constructed prior to 1971 and is located within
the downtown revitalization project;
(d)
The construction of the deck complies with all other applicable standards, except the shoreline setback requirements in § 226-24; and
(e)
The construction of the deck complies with all other state and federal
laws.
(12)
Structures shall not unduly interfere with passage along or
within the intertidal zone in order to protect established colonial
rights for fishing, fowling, and navigation. This may require accommodations
such as steps or pier elevation to allow passage over or beneath a
structure.
(13)
Where the applicant has applied for "group dock" and the waterfront
structure proposed will serve more than one property, the property
owners shall submit to the Town a proposed easement deed demonstrating
that permanent access and maintenance rights shall be granted to the
parties sharing the structure. The parties shall submit to the Code
Enforcement Officer proof of recording of the easement after its review
and approval by the Town.
(14)
Storage of floats, ramps, and pier accessories is prohibited
within the intertidal zone.
(15)
Storage of floats, ramps, and pier accessories must comply with
all federal, state, and local shoreland zoning rules and regulations.
(16)
Lighting on piers, wharves, docks, bridges, floats and other
structures should be designed and installed to minimize negative impacts
on other properties and to promote safe navigation at night. Negative
impacts include excessive lighting and unnecessary glare that can
be a hazard to navigation.
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NOTE: New permanent structures, and expansions thereof, projecting
into or over water bodies shall require a permit from the Department
of Environmental Protection pursuant to the Natural Resources Protection
Act, 38 M.R.S.A. § 480-C. Permits may also be required from
the Army Corps of Engineers if located in navigable waters.
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Campgrounds shall conform to the minimum requirements imposed
under state licensing procedures and the following:
A.
Campgrounds shall contain a minimum of 5,000 square feet of land,
not including roads and driveways, for each site. Land supporting
wetland vegetation and land below the normal high-water line of a
water body shall not be included in calculating land area per site.
B.
The areas intended for placement of a recreational vehicle, tent
or shelter and utility and service buildings shall be set back a minimum
of 100 feet, horizontal distance, from the normal high-water line
of a great pond classified GPA or a river flowing to a great pond
classified GPA and 75 feet, horizontal distance, from the normal high-water
line of other water bodies, tributary streams, or the upland edge
of a wetland.
Individual private campsites not associated with campgrounds
are allowed provided that the following conditions are met:
A.
One campsite per lot existing on the effective date of this chapter
or 30,000 square feet of area within the shoreland zone, whichever
is less, may be permitted.
B.
When an
individual private campsite is proposed on a lot that contains another
principal use and/or structure, the lot must contain the minimum lot
dimensional requirements for the principal structure and/or use, and
the individual private campsite separately.
C.
Campsite placement on any lot, including the area intended for a
recreational vehicle or tent platform, shall be set back 100 feet,
horizontal distance, from the normal high-water line of a great pond
classified GPA or river flowing to a great pond classified GPA and
75 feet, horizontal distance, from the normal high-water line of other
water bodies, tributary streams, or the upland edge of a wetland.
D.
Only one recreational vehicle shall be allowed on a campsite. The
recreational vehicle shall not be located on any type of permanent
foundation except for a gravel pad, and no structure except a canopy
shall be attached to the recreational vehicle.
E.
The clearing of vegetation for the siting of the recreational vehicle,
tent, or similar shelter in a Resource Protection District shall be
limited to 1,000 square feet.
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. Where disposal
is off site, written authorization from the receiving facility or
landowner is required.
G.
When a recreational vehicle, tent or similar shelter is placed on
site for more than 120 days per year, all requirements for residential
structures shall be met, including the installation of a subsurface
sewage disposal system in compliance with the State of Maine Subsurface
Wastewater Disposal Rules, unless served by public sewage facilities.
The following new commercial and industrial uses are prohibited
within the shoreland zone adjacent to great ponds classified GPA and
rivers and streams which flow to great ponds classified GPA:
A.
Auto washing facilities.
B.
Auto or other vehicle service and/or repair operations, including
body shops.
C.
Chemical and bacteriological laboratories.
D.
Storage of chemicals, including herbicides, pesticides or fertilizers,
other than amounts normally associated with individual households
or farms.
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NOTE: 22 M.R.S.A. § 1471-U requires municipal ordinances
that apply to pesticide storage, distribution or use be filed with
the Maine Board of Pesticides Control, 28 State House Station, Augusta,
ME 04333. If a municipality's ordinance is more inclusive or restrictive
than these guidelines, as it pertains to pesticides, a copy of the
ordinance must be filed with the Board of Pesticides Control.
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E.
Commercial painting, wood preserving, and furniture stripping.
F.
Dry-cleaning establishments.
G.
Electronic circuit assembly.
H.
Laundromats, unless connected to a sanitary sewer.
I.
Metal plating, finishing, or polishing.
J.
Petroleum or petroleum product storage and/or sale, except storage
on the same property as use occurs and except for storage and sales
associated with marinas.
K.
Photographic processing.
L.
Printing.
A.
Parking areas shall meet the shoreline and tributary stream setback
requirements for structures for the district in which such areas are
located. The setback requirement for parking areas serving public
boat launching facilities in districts other than the General Development
District shall be no less than 50 feet, horizontal distance, from
the shoreline or tributary stream if the Planning Board finds that
no other reasonable alternative exists further from the shoreline
or tributary stream.
B.
Parking areas shall be adequately sized for the proposed use and
shall be designed to prevent stormwater runoff from flowing directly
into a water body, tributary stream or wetland and, where feasible,
to retain all runoff on site.
C.
In determining the appropriate size of proposed parking facilities,
the following shall apply:
The following standards shall apply to the construction of roads
and/or driveways and drainage systems, culverts and other related
features:
A.
Roads and driveways shall be set back at least 100 feet, horizontal
distance, from the normal high-water line of a great pond classified
GPA or a river that flows to a great pond classified GPA and 75 feet,
horizontal distance, from the normal high-water line of other water
bodies, tributary streams, or the upland edge of a wetland, unless
no reasonable alternative exists as determined by the Planning Board.
If no other reasonable alternative exists, the road and/or driveway
setback requirement shall be no less than 50 feet, horizontal distance,
upon clear showing by the applicant that appropriate techniques will
be used to prevent sedimentation of the water body, tributary stream,
or wetland. Such techniques may include, but are not limited to, the
installation of settling basins and/or the effective use of additional
ditch relief culverts and turnouts placed so as to avoid sedimentation
of the water body, tributary stream, or wetland. On slopes of greater
than 20% the road and/or driveway setback shall be increased by 10
feet, horizontal distance, for each five-percent increase in slope
above 20%. This subsection does not apply to approaches to water crossings
or to roads or driveways that provide access to permitted structures
and facilities located nearer to the shoreline or tributary stream
due to an operational necessity, excluding temporary docks for recreational
uses. Roads and driveways providing access to permitted structures
within the setback area shall comply fully with the requirements of
this subsection except for that portion of the road or driveway necessary
for direct access to the structure.
B.
Existing public roads may be expanded within the legal road right-of-way
regardless of their setback from a water body, tributary stream or
wetland.
C.
New permanent roads are not allowed within the shoreland zone along
significant river segments except to provide access to structures
or facilities within the zone or when the applicant demonstrates that
no reasonable alternative route exists outside the shoreland zone.
When roads must be located within the shoreland zone they shall be
set back as far as practicable from the normal high-water line and
screened from the river by existing vegetation.
D.
New roads and driveways are prohibited in a Resource Protection District,
except that the Planning Board may grant a permit to construct a road
or driveway to provide access to permitted uses within the district.
A road or driveway may also be approved by the Planning Board in a
Resource Protection District upon a finding that no reasonable alternative
route or location is available outside the district. When a road or
driveway is permitted in a Resource Protection District, the road
and/or driveway shall be set back as far as practicable from the normal
high-water line of a water body, tributary stream, or upland edge
of a wetland.
E.
Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in § 226-43.
F.
Road and driveway grades shall be no greater than 10% except for
segments of less than 200 feet.
G.
In order to prevent road and driveway surface drainage from directly
entering water bodies, tributary streams or wetlands, roads and driveways
shall be designed, constructed, and maintained to empty onto an unscarified
buffer strip at least 50 feet plus two times the average slope in
width between the outflow point of the ditch or culvert and the normal
high-water line of a water body, tributary stream, or upland edge
of a wetland. Surface drainage which is directed to an unscarified
buffer strip shall be diffused or spread out to promote infiltration
of the runoff and to minimize channelized flow of the drainage through
the buffer strip.
H.
Ditch relief (cross drainage) culverts, drainage dips and water turnouts
shall be installed in a manner effective in directing drainage onto
unscarified buffer strips before the flow gains sufficient volume
or head to erode the road, driveway, or ditch. To accomplish this,
the following shall apply:
(1)
Ditch relief culverts, drainage dips and associated water turnouts
shall be spaced along the road or driveway at intervals no greater
than indicated in the following table:
|
Grade
|
Spacing
(feet)
|
|---|---|
|
0% to 2%
|
250
|
|
3% to 5%
|
200 to 135
|
|
6% to 10%
|
100 to 80
|
|
11% to 15%
|
80 to 60
|
|
16% to 20%
|
60 to 45
|
|
21% +
|
40
|
(2)
Drainage dips may be used in place of ditch relief culverts only
where the grade is 10% or less.
(3)
On sections having slopes greater than 10%, ditch relief culverts
shall be placed at approximately a thirty-degree angle downslope from
a line perpendicular to the center line of the road or driveway.
(4)
Ditch relief culverts shall be sufficiently sized and properly installed
in order to allow for effective functioning, and their inlet and outlet
ends shall be stabilized with appropriate materials.
I.
Ditches, culverts, bridges, dips, water turnouts, and other stormwater
runoff control installations associated with roads and driveways shall
be maintained on a regular basis to assure effective functioning.
The following provisions shall govern the use of signs in the
Resource Protection, Stream Protection, and Limited Residential Districts:
A.
Signs relating to goods and services sold on the premises shall be
allowed, provided that such signs shall not exceed six square feet
in area and shall not exceed two signs per premises. Signs relating
to goods or services not sold or rendered on the premises shall be
prohibited.
B.
Name signs are allowed, provided that such signs shall not exceed
two signs per premises and shall not exceed 12 square feet in the
aggregate.
C.
Residential users may display a single sign not over three square
feet in area relating to the sale, rental, or lease of the premises.
D.
Signs relating to trespassing and hunting shall be allowed without
restriction as to number, provided that no such sign shall exceed
two square feet in area.
E.
Signs relating to public safety shall be allowed without restriction.
F.
No sign shall extend higher than 20 feet above the ground.
G.
Signs may be illuminated only by shielded, nonflashing lights.
A.
All new construction and development shall be designed to minimize
stormwater runoff from the site in excess of the natural predevelopment
conditions. Where possible, existing natural runoff control features,
such as berms, swales, terraces and wooded areas, shall be retained
in order to reduce runoff and encourage infiltration of stormwaters.
B.
Stormwater runoff control systems shall be maintained as necessary
to ensure proper functioning.
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NOTE: The Stormwater Management Law (38 M.R.S.A. § 420-D)
requires a full permit to be obtained from the Department of Environmental
Protection prior to construction of a project consisting of 20,000
square feet or more of impervious area or five acres or more of a
developed area in an urban impaired stream watershed or most-at-risk
lake watershed, or a project with one acre or more of developed area
in any other stream, coastal or wetland watershed. A permit-by-rule
is necessary for a project with one acre or more of disturbed area
but less than one acre of impervious area (20,000 square feet for
most-at-risk lakes and urban impaired streams) and less than five
acres of developed area. Furthermore, a Maine construction general
permit is required if the construction will result in one acre or
more of disturbed area.
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All subsurface sewage disposal systems shall be installed in
conformance with the State of Maine Subsurface Wastewater Disposal
Rules and the following:
A.
Clearing or removal of woody vegetation necessary to site a new system
and any associated fill extensions shall not extend closer than 75
feet, horizontal distance, to the normal high-water line of a water
body or the upland edge of a wetland; and
B.
A holding tank is not allowed for a first-time residential use in
the shoreland zone.
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NOTE: The Maine Subsurface Wastewater Disposal Rules require
new systems, excluding fill extensions, to be constructed no less
than 100 horizontal feet from the normal high-water line of a perennial
water body. The minimum setback distance for a new subsurface disposal
system may not be reduced by variance.
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A.
Where feasible, the installation of essential services shall be limited
to existing public ways and existing service corridors.
B.
The installation of essential services, other than roadside distribution
lines, is not allowed in a Resource Protection or Stream Protection
District, except to provide services to a permitted use within said
district, or except where the applicant demonstrates that no reasonable
alternative exists. Where allowed, such structures and facilities
shall be located so as to minimize any adverse impacts on surrounding
uses and resources, including visual impacts.
C.
Damaged or destroyed public utility transmission and distribution
lines, towers and related equipment may be replaced or reconstructed
without a permit.
Mineral exploration to determine the nature or extent of mineral
resources shall be accomplished by hand sampling, test boring, or
other methods which create minimal disturbance of less than 100 square
feet of ground surface. A permit from the Code Enforcement Officer
shall be required for mineral exploration which exceeds the above
limitation. All excavations, including test pits and holes, shall
be immediately capped, filled or secured by other equally effective
measures to restore disturbed areas and to protect the public health
and safety. Mineral extraction may be permitted under the following
conditions:
A.
A reclamation plan shall be filed with and approved by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of Subsection D below.
B.
No part of any extraction operation, including drainage and runoff
control features, shall be permitted within 100 feet, horizontal distance,
of the normal high-water line of a great pond classified GPA or a
river flowing to a great pond classified GPA and within 75 feet, horizontal
distance, of the normal high-water line of any other water body, tributary
stream, or the upland edge of a wetland. Extraction operations shall
not be permitted within 50 feet, horizontal distance, of any property
line without written permission of the owner of such adjacent property.
C.
Developers of new gravel pits along significant river segments shall
demonstrate that no reasonable mining site outside the shoreland zone
exists. When gravel pits must be located within the zone, they shall
be set back as far as practicable from the normal high-water line
and no less than 75 feet and screened from the river by existing vegetation.
D.
Within 12 months following the completion of extraction operations
at any extraction site, which operations shall be deemed complete
when less than 100 cubic yards of materials are removed in any consecutive
twelve-month period, ground levels and grades shall be established
in accordance with the following:
(1)
All debris, stumps, and similar material shall be removed for disposal
in an approved location or shall be buried on site. Only materials
generated on site may be buried or covered on site.
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NOTE: The State of Maine solid waste laws, 38 M.R.S.A. § 1301,
and the solid waste management rules, Chapters 400 to 419 of the Department
of Environmental Protection's regulations, may contain other applicable
provisions regarding disposal of such materials.
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(2)
The final graded slope shall be a slope of 2 1/2 to one or flatter.
(3)
Topsoil or loam shall be retained to cover all disturbed land areas,
which shall be reseeded and stabilized with vegetation native to the
area. Additional topsoil or loam shall be obtained from off-site sources
if necessary to complete the stabilization project.
E.
In keeping with the purposes of this chapter, the Planning Board
may impose such conditions as are necessary to minimize the adverse
impacts associated with mineral extraction operations on surrounding
uses and resources.
A.
All spreading of manure shall be accomplished in conformance with
the Manure Utilization Guidelines published by the former Maine Department
of Agriculture on November 1, 2001, and the Nutrient Management Law
(7 M.R.S.A. §§ 4201 to 4209).[1]
[1]
Editor's Note: Section 4209 of Title 7 was repealed by Laws
2003, c. 688.
B.
Manure shall not be stored or stockpiled within 100 feet, horizontal
distance, of a great pond classified GPA or a river flowing to a great
pond classified GPA or within 75 feet, horizontal distance, of other
water bodies, tributary streams, or wetlands. All manure storage areas
within the shoreland zone must be constructed or modified such that
the facility produces no discharge of effluent or contaminated stormwater.
C.
Agricultural activities involving tillage of soil greater than 40,000
square feet in surface area within the shoreland zone shall require
a conservation plan to be filed with the Planning Board. Nonconformance
with the provisions of said plan shall be considered to be a violation
of this chapter.
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NOTE: Assistance in preparing a conservation plan may be available
through the local Soil and Water Conservation District office.
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D.
There shall be no new tilling of soil within 100 feet, horizontal
distance, of the normal high-water line of a great pond classified
GPA; within 75 feet, horizontal distance, of other water bodies and
coastal wetlands; nor within 25 feet, horizontal distance, of tributary
streams and freshwater wetlands. Operations in existence on the effective
date of this chapter and not in conformance with this provision may
be maintained.
E.
Newly established livestock grazing areas shall not be permitted
within 100 feet, horizontal distance, of the normal high-water line
of a great pond classified GPA; within 75 feet, horizontal distance,
of other water bodies and coastal wetlands; nor within 25 feet, horizontal
distance, of tributary streams and freshwater wetlands. Livestock
grazing associated with ongoing farm activities and which is not in
conformance with the above setback provisions may continue, provided
that such grazing is conducted in accordance with a conservation plan
that has been filed with the Planning Board.
A.
In a Resource Protection District abutting a great pond, there shall
be no cutting of vegetation within the strip of land extending 75
feet, horizontal distance, inland from the normal high-water line,
except to remove hazard trees. Elsewhere in any Resource Protection
District the cutting or removal of vegetation shall be limited to
that which is necessary for uses expressly authorized in that district.
B.
Except in areas as described in Subsection A above, and within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA or within a strip extending 75 feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
(1)
There shall be no cleared opening greater than 250 square feet in
the forest canopy (or other existing woody vegetation if a forested
canopy is not present) as measured from the outer limits of the tree
or shrub crown. However, a single footpath not to exceed six feet
in width as measured between tree trunks and/or shrub stems is allowed
for accessing the shoreline, provided that a cleared line of sight
to the water through the buffer strip is not created.
(2)
Selective cutting of trees within the buffer strip is allowed, provided
that a well-distributed stand of trees and other natural vegetation
is maintained.
(a)
For the purposes of this subsection, a well-distributed stand
of trees adjacent to a great pond classified GPA or a river or stream
flowing to a great pond classified GPA shall be defined as maintaining
a rating score of 24 or more in each twenty-five-foot by fifty-foot
rectangular area (1,250 square feet) as determined by the following
rating system:
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Diameter of Tree at 4 1/2 feet Above Ground Level
(inches)
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Points
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|---|---|
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2 to less than 4
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1
|
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4 to less than 8
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2
|
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8 to less than 12
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4
|
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12 or greater
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8
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(b)
Adjacent to other water bodies, tributary streams, and wetlands,
a well-distributed stand of trees is defined as maintaining a minimum
rating score of 16 per twenty-five-foot by fifty-foot rectangular
area.
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NOTE: As an example, adjacent to a great pond, if a twenty-five-foot
by fifty-foot plot contains four trees between two and four inches
in diameter, two trees between four and eight inches in diameter,
three trees between eight and 12 inches in diameter, and two trees
over 12 inches in diameter, the rating score is:
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(4 x 1) + (2 x 2) + (3 x 4) + (2 x 8) = 36 points
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Thus, the twenty-five-foot by fifty-foot plot contains trees
worth 36 points. Trees totaling 12 points (36 - 24 = 12) may be removed
from the plot provided that no cleared openings are created.
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(c)
The following shall govern in applying this point system:
[1]
The twenty-five-foot by fifty-foot rectangular plots must be
established where the landowner or lessee proposes clearing within
the required buffer.
[2]
Each successive plot must be adjacent to but not overlap a previous
plot.
[3]
Any plot not containing the required points must have no vegetation
removed except as otherwise allowed by this chapter.
[4]
Any plot containing the required points may have vegetation
removed down to the minimum points required or as otherwise allowed
by this chapter.
[5]
Where conditions permit, no more than 50% of the points on any
twenty-five-foot by fifty-foot rectangular area may consist of trees
greater than 12 inches in diameter.
(d)
For the purposes of this subsection, "other natural vegetation"
is defined as retaining existing vegetation under three feet in height
and other ground cover and retaining at least five saplings less than
two inches in diameter at 4 1/2 feet above ground level for each
twenty-five-foot by fifty-foot rectangular area. If five saplings
do not exist, no woody stems less than two inches in diameter can
be removed until five saplings have been recruited into the plot.
(e)
Notwithstanding the above provisions, no more than 40% of the
total volume of trees four inches or more in diameter measured at
4 1/2 feet above ground level may be removed in any ten-year
period.
(3)
In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described above in this Subsection B.
(4)
Pruning of tree branches on the bottom 1/3 of the tree is allowed.
(5)
In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, dead or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species in accordance with § 226-40 below, unless existing new tree growth is present.
(6)
In order to maintain the vegetation in the shoreline buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with the requirements of § 226-39B(2).
C.
At distances greater than 100 feet, horizontal distance, from a great
pond classified GPA or a river flowing to a great pond classified
GPA and 75 feet, horizontal distance, from the normal high-water line
of any other water body, tributary stream, or the upland edge of a
wetland, there shall be allowed on any lot, in any ten-year period,
selective cutting of not more than 40% of the volume of trees four
inches or more in diameter measured 4 1/2 feet above ground level.
Tree removal in conjunction with the development of permitted uses
shall be included in the forty-percent calculation. For the purposes
of these standards, volume may be considered to be equivalent to basal
area. In no event shall cleared openings for any purpose, including
but not limited to principal and accessory structures, driveways,
lawns and sewage disposal areas, exceed in the aggregate 25% of the
lot area within the shoreland zone or 10,000 square feet, whichever
is greater, including land previously cleared. This provision applies
to the portion of a lot within the shoreland zone, including the buffer
area, but shall not apply to the General Development District.
D.
Legally existing nonconforming cleared openings may be maintained
but shall not be enlarged, except as allowed by this chapter.
E.
Fields and other cleared openings which have reverted to primarily
shrubs, trees, or other woody vegetation shall be regulated under
the provisions of this section.
A.
Hazard trees in the shoreland zone may be removed without a permit
after consultation with the Code Enforcement Officer if the following
requirements are met:
(1)
Within the shoreline buffer, if the removal of a hazard tree results
in a cleared opening in the tree canopy greater than 250 square feet,
replacement with native tree species is required, unless there is
new tree growth already present. New tree growth must be as near as
practicable to where the hazard tree was removed and be at least two
inches in diameter, measured at 4.5 feet above the ground level. If
new growth is not present, then replacement trees shall consist of
native species and be at least four feet in height and be no less
than two inches in diameter. Stumps may not be removed.
(2)
Outside of the shoreline buffer, when the removal of hazard trees
exceeds 40% of the volume of trees four inches or more in diameter,
measured at 4.5 feet above ground level in any ten-year period, and/or
results in cleared openings exceeding 25% of the lot area within the
shoreland zone, or 10,000 square feet, whichever is greater, replacement
with native tree species is required, unless there is new tree growth
already present. New tree growth must be as near as practicable to
where the hazard tree was removed and be at least two inches in diameter,
measured at 4.5 feet above the ground level. If new growth is not
present, then replacement trees shall consist of native species and
be at least two inches in diameter, measured at 4.5 feet above the
ground level.
(3)
The removal of standing dead trees, resulting from natural causes,
is permissible without the need for replanting or a permit, as long
as the removal does not result in the creation of new lawn areas,
or other permanently cleared areas, and stumps are not removed. For
the purposes of this provision, dead trees are those trees that contain
no foliage during the growing season.
(4)
The Code Enforcement Officer may require the property owner to submit
an evaluation from a licensed forester or arborist before any hazard
tree can be removed within the shoreland zone.
(5)
The Code Enforcement Officer may require more than a one-for-one
replacement for hazard trees removed that exceed eight inches in diameter
measured at 4.5 feet above the ground level.
B.
Storm-damaged trees in the shoreland zone may be removed without
a permit after consultation with the Code Enforcement Officer if the
following requirements are met:
(1)
Within the shoreline buffer, when the removal of storm-damaged trees
results in a cleared opening in the tree canopy greater than 250 square
feet, replanting is not required, but the area shall be required to
naturally revegetate, and the following requirements must be met:
(a)
The area from which a storm-damaged tree is removed does not
result in new lawn areas, or other permanently cleared areas;
(b)
Stumps from the storm-damaged trees may not be removed;
(c)
Limbs damaged from a storm event may be pruned even if they
extend beyond the bottom 1/3 of the tree; and
(d)
If after one growing season, no natural regeneration or regrowth
is present, replanting of native tree seedlings or saplings is required
at a density of one seedling per every 80 square feet of lost canopy.
(2)
Outside of the shoreline buffer, if the removal of storm damaged
trees exceeds 40% of the volume of trees four inches or more in diameter,
measured at 4.5 feet above the ground level in any ten-year period,
or results, in the aggregate, in cleared openings exceeding 25% of
the lot area within the shoreland zone or 10,000 square feet, whichever
is greater, and no natural regeneration occurs within one growing
season, then native tree seedlings or saplings shall be replanted
on a one-for-one basis.
The following activities are exempt from the clearing and vegetation removal standards set forth in § 226-39 provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:
A.
The removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as but not limited to cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. If any of these areas, due to lack of removal of vegetation every two years, reverts back to primarily woody vegetation, the requirements of § 226-39 apply;
B.
The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of § 226-24 are not applicable;
C.
The removal of vegetation from the location of public swimming areas
associated with an allowed public recreational facility;
D.
The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of section 226-36 are complied with;
E.
The removal of vegetation associated with brownfields or voluntary
response action program (VRAP) projects provided that the removal
of vegetation is necessary for remediation activities to clean-up
contamination on a site in a General Development District, Commercial
Fisheries and Maritime Activities District or other equivalent zoning
district approved by the Commissioner that is part of a state or federal
brownfields program or a voluntary response action program pursuant
to 38 M.R.S.A. § 343-E, and that is located along:
F.
The removal of nonnative invasive vegetation species, provided the
following minimum requirements are met:
(1)
If removal of vegetation occurs via wheeled or tracked motorized
equipment, the wheeled or tracked motorized equipment is operated
and stored at least 25 feet, horizontal distance, from the shoreline,
except that wheeled or tracked equipment may be operated or stored
on existing structural surfaces, such as pavement or gravel;
(2)
Removal of vegetation within 25 feet, horizontal distance, from the
shoreline occurs via hand tools; and
(3)
If applicable clearing and vegetation removal standards are exceeded
due to the removal of nonnative invasive species vegetation, the area
shall be revegetated with native species to achieve compliance.
G.
The removal of vegetation associated with emergency response activities
conducted by the Department, the U.S. Environmental Protection Agency,
the U.S. Coast Guard, and their agents.
When revegetation is required in response to violations of the vegetation standards set forth in § 226-39, to address the removal of nonnative invasive species of vegetation, or as a mechanism to allow for development that may otherwise not be permissible due to the vegetation standards, including removal of vegetation in conjunction with a shoreline stabilization project, the revegetation must comply with the following requirements.
A.
The property owner must submit a revegetation plan, prepared with
and signed by a qualified professional, that describes revegetation
activities and maintenance. The plan must include a 06-96 Department
of Environmental Protection 06-096 Department of Environmental Protection
Chapter 1000: Guidelines for Municipal Shoreland Zoning Ordinances
- 51 - scaled site plan, depicting where vegetation was, or is to
be removed, where existing vegetation is to remain, and where vegetation
is to be planted, including a list of all vegetation to be planted.
B.
Revegetation must occur along the same segment of shoreline and in
the same area where vegetation was removed and at a density comparable
to the preexisting vegetation, except where a shoreline stabilization
activity does not allow revegetation to occur in the same area and
at a density comparable to the preexisting vegetation, in which case
revegetation must occur along the same segment of shoreline and as
close as possible to the area where vegetation was removed.
C.
If part of a permitted activity, revegetation shall occur before
the expiration of the permit. If the activity or revegetation is not
completed before the expiration of the permit, a new revegetation
plan shall be submitted with any renewal or new permit application.
D.
Revegetation activities must meet the following requirements for
trees and saplings:
(1)
All trees and saplings removed must be replaced with native noninvasive
species;
(2)
Replacement vegetation must at a minimum consist of saplings;
(3)
If more than three trees or saplings are planted, then at least three
different species shall be used;
(4)
No one species shall make up 50% or more of the number of trees and
saplings planted;
(5)
If revegetation is required for a shoreline stabilization project,
and it is not possible to plant trees and saplings in the same area
where trees or saplings were removed, then trees or sapling must be
planted in a location that effectively reestablishes the screening
between the shoreline and structures; and
(6)
A survival rate of at least 80% of planted trees or saplings is required
for a minimum five-year period.
E.
Revegetation activities must meet the following requirements for
woody vegetation and other vegetation under three feet in height:
(1)
All woody vegetation and vegetation under three feet in height must
be replaced with native noninvasive species of woody vegetation and
vegetation under three feet in height as applicable;
(2)
Woody vegetation and vegetation under three feet in height shall
be planted in quantities and variety sufficient to prevent erosion
and provide for effective infiltration of stormwater;
(3)
If more than three woody vegetation plants are to be planted, then
at least three different species shall be planted;
(4)
No one species shall make up 50% or more of the number of planted
woody vegetation plants; and
(5)
Survival of planted woody vegetation and vegetation under three feet
in height must be sufficient to remain in compliance with the standards
contained within this chapter for minimum of five years.
F.
Revegetation activities must meet the following requirements for
ground vegetation and ground cover:
(1)
All ground vegetation and ground cover removed must be replaced with
native herbaceous vegetation, in quantities and variety sufficient
to prevent erosion and provide for effective infiltration of stormwater;
(2)
Where necessary due to a lack of sufficient ground cover, an area
must be supplemented with a minimum four-inch depth of leaf mulch
and/or bark mulch to prevent erosion and provide for effective infiltration
of stormwater; and
(3)
Survival and functionality of ground vegetation and ground cover
must be sufficient to remain in compliance with the standards contained
within this chapter for minimum of five years.
A.
All activities which involve filling, grading, excavation or other
similar activities which result in unstabilized soil conditions and
which require a permit shall also require a written soil erosion and
sedimentation control plan. The plan shall be submitted to the permitting
authority for approval and shall include, where applicable, provisions
for:
B.
In order to create the least potential for erosion, development shall
be designed to fit with the topography and soils of the site. Areas
of steep slopes where high cuts and fills may be required shall be
avoided wherever possible, and natural contours shall be followed
as closely as possible.
C.
Erosion and sedimentation control measures shall apply to all aspects
of the proposed project involving land disturbance and shall be in
operation during all stages of the activity. The amount of exposed
soil at every phase of construction shall be minimized to reduce the
potential for erosion.
D.
Any exposed ground area shall be temporarily or permanently stabilized
within one week from the time it was last actively worked by use of
riprap, sod, seed and mulch or other effective measures. In all cases
permanent stabilization shall occur within nine months of the initial
date of exposure. In addition:
(1)
Where mulch is used, it shall be applied at a rate of at least one
bale per 500 square feet and shall be maintained until a catch of
vegetation is established.
(2)
Anchoring the mulch with netting, peg and twine or other suitable
method may be required to maintain the mulch cover.
(3)
Additional measures shall be taken where necessary in order to avoid
siltation into the water. Such measures may include the use of staked
hay bales and/or silt fences.
E.
Natural and man-made drainageways and drainage outlets shall be protected
from erosion from water flowing through them. Drainageways shall be
designed and constructed in order to carry water from a twenty-five-year
storm or greater and shall be stabilized with vegetation or lined
with riprap.
All land uses shall be located on soils in or upon which the
proposed uses or structures can be established or maintained without
causing adverse environmental impacts, including severe erosion, mass
soil movement, improper drainage, and water pollution, whether during
or after construction. Proposed uses requiring subsurface waste disposal,
and commercial or industrial development and other similar intensive
land uses, shall require a soils report based on an on-site investigation
and prepared by state-certified professionals. Certified persons may
include Maine certified soil scientists, Maine registered professional
engineers, Maine state-certified geologists and other persons who
have training and experience in the recognition and evaluation of
soil properties. The report shall be based upon the analysis of the
characteristics of the soil and surrounding land and water areas,
maximum groundwater elevation, presence of ledge, drainage conditions,
and other pertinent data which the evaluator deems appropriate. The
soils report shall include recommendations for a proposed use to counteract
soil limitations where they exist.
No activity shall deposit on or into the ground or discharge
to the waters of the state any pollutant that, by itself or in combination
with other activities or substances, will impair designated uses or
the water classification of the water body, tributary stream or wetland.
Any proposed land use activity involving structural development
or soil disturbance on or adjacent to sites listed on or eligible
to be listed on the National Register of Historic Places, as determined
by the permitting authority, shall be submitted by the applicant to
the Maine Historic Preservation Commission for review and comment
at least 20 days prior to action being taken by the permitting authority.
The permitting authority shall consider comments received from the
Commission prior to rendering a decision on the application.
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NOTE: Municipal officials should contact the Maine Historic
Preservation Commission for the listing and location of historic places
in their community.
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