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MAINE SHORELAND ZONING A HANDBOOK FOR SHORELAND OWNERS Maine Department of Envi

MAINE SHORELAND ZONING A HANDBOOK FOR SHORELAND OWNERS Maine Department of Environmental Protection Spring, 2008 Publication Number: DEPLW0674-D08 TABLE OF CONTENTS ACKNOWLEDGMENTS II THE PURPOSE OF THIS HANDBOOK 1 Introduction 1 PART ONE – THE LAW 2 Maine's Mandatory Shoreland Zoning Law 2 Why Zone Shoreland? 4 State and Local Responsibilities 5 PART TWO – SHORELAND ZONING REGULATIONS 6 The State Guidelines: An Overview 6 Establishing Districts 7 Measurements 9 The Official Shoreland Zoning Map 10 Non-conformance 11 Non-conforming Uses 16 Land Use Table 17 PART THREE – LAND USE STANDARDS 18 Minimum Lot Standards 18 Building Setback, Height, and Lot Coverage 19 Parking Areas, Roads, and Driveways 22 Stormwater Runoff and Erosion Control 24 Septic Disposal 25 Individual, Private Campsites 26 Clearing Vegetation (other than for Commercial Timber Harvesting) 26 Timber Harvesting 29 Optional Provisions 30 PART FOUR — THE ROLES OF LOCAL OFFICIALS 32 The Code Enforcement Officer 32 The Planning Board 32 The Board of Appeals 33 OTHER LAWS 34 REFERENCES 36 USEFUL PUBLICATIONS 37 i Acknowledgments ii ACKNOWLEDGMENTS This handbook was originally prepared by Kent Associates, Planning & Design Associates in Gardiner, Maine in 1998. It was updated in 2007 by Jennifer Cayer of the Department of Environmental Protection, and in 2008 by Alison Truesdale of LandForms. An electronic copy of this publication can be downloaded from Maine Department of Environmental Protection’s website at: http://www.maine.gov/dep/blwq/docstand/szpage.htm. Drawings in this handbook are by Brian Kent; woodcut art is by Jon Luoma. This publication was funded, in part, with a grant from the USEPA under assistance grant number C900178193. NOTE This handbook is for informational purposes only. It explains Maine’s Shoreland Zoning Law and Guidelines, in words and pictures, for shoreland owners. It is not a substitute for the law, the Guidelines, or municipal shoreland zoning ordinances. For specific information about your local shoreland zoning provisions, refer to your municipal ordinance. 1 THE PURPOSE OF THIS HANDBOOK INTRODUCTION 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. The law protects water quality, limits erosion, conserves wildlife and vegetation, and preserves the natural beauty of Maine's shoreland areas. A Handbook for Landowners This handbook is designed to help landowners understand the Mandatory Shoreland Zoning Act, which regulates how landowners develop and use their shoreland property. It explains: • where the law applies; • the roles of state and municipal government in administering the law; • mandatory and optional provisions of the law; and • the state's minimum requirements. Part One of this guide describes the state shoreland zoning law in broad terms. Parts Two and Three focus on the state Guidelines (also known as the “model ordinance”) and the key provisions of the law, including descriptions of: • types of shoreland districts; • how to deal with "non-conforming" buildings, lots and uses; • allowable uses; and • basic construction and clearing standards. Part Four lists the town officials with whom shoreland owners will be working and gives guidance on permit applications. The last portion of this handbook outlines other laws administered by the state which may affect shoreland property owners, gives contact information for the material outlined within the handbook, and lists publications which may be useful to shoreland owners. Part One – The Law 2 PART ONE – THE LAW MAINE'S MANDATORY SHORELAND ZONING LAW A Success Story Maine’s Mandatory Shoreland Zoning Law was first enacted in 1971 in response to increasing development pressure. The legislature concluded that strict regulation of land-use activities was necessary in the shoreland zone. Through the years, the law has been strengthened and amended in response to environmental and citizen concerns. Citizen planning boards, other local officials, and legislators have all shaped and honed the state's shoreland zoning law. Although it is difficult to gauge the cost of not enacting shoreland regulations, it is clear that Maine citizens and visitors benefit enormously from clean, clear lakes and streams; a healthy fishery; tree-lined shores; and an economy fueled, in part, by a healthy environment. Today Maine’s law is recognized as a national model of responsible environmental regulation. Clearly, shoreland zoning makes sense to Mainers. It will, no doubt, continue to be fine-tuned, but the original intent of the law is just as valid today as it was decades ago. 3 Shoreland Areas The Mandatory Shoreland Zoning Act applies to the “shoreland zone”, which, by law, includes all land within: • 250 feet of the normal high-water line of any natural pond over 10 acres, any river that drains at least 25 square miles, and all tidal waters and saltwater marshes; • 250 feet of a freshwater wetland over 10 acres (except “forested” wetlands); and • 75 feet of a stream. Only outlet streams of great ponds, and streams below the confluence of two perennial streams depicted on a USGS topographic map are required to be zoned. Additionally, structures proposed on or over waterbodies, or in wetlands, may be subject to local shoreland zoning provisions. If these structures are permanent, they may also be regulated by the Department of Environmental Protection under the Natural Resources Protection Act. Confluence of two perennial streams Intermittent streams Perennial streams Extent of 25 sq. mile drainage area 75’ stream protection (each side) River – 250’ shoreland zone each side +10 acre freshwater wetland 250’ Tidal water body 250’ Coastal salt marsh/salt meadow (any size) Great pond (+10 acres) Wetland (any size) 250’ Floodplain wetland Areas typically within the shoreland zone and subject to the Shoreland Zoning Act. Part One – The Law 4 WHY ZONE SHORELAND? Responsible Development Development that is too close to the shores of lakes, rivers, wetlands, and the ocean can cause soil erosion and a decline in water quality. Poor construction practices can be unsightly, destroy valuable natural habitat, and reduce property values. Shoreland zoning protects the environment, encourages responsible development, and prevents development that does not protect the public's interest in healthy shoreland and waters. The Purposes of the Law The purposes of shoreland regulations are to: • prevent and control water pollution; • conserve natural beauty and open space; • conserve shore cover; • protect freshwater and coastal wetlands; • protect fish spawning areas, aquatic life, bird and wildlife habitat; • protect buildings from flooding; • control the location of buildings; • conserve public access to the water; • protect commercial fishing and the maritime industry; and • protect archaeological and historic resources. Further, the state Shoreland Zoning Act establishes minimum requirements that all towns must abide by in developing their local ordinances. This helps assure a level regulatory playing field, and attempts to maintain consistency in the law across town lines. 5 STATE AND LOCAL RESPONSIBILITIES All municipalities must enact, administer and enforce a local shoreland ordinance. This local ordinance is required to be either as restrictive as or more restrictive than the state’s model ordinance. It is recommended that every landowner of shoreland property obtain a copy of the local ordinance from their Town office. The State's Oversight Role Your local shoreland zoning ordinance sets the rules in your municipality. The state oversees the administration of the municipal ordinances and assists towns and cities in four ways. The state, through the Department of Environmental Protection (DEP): • establishes minimum ordinance standards by publishing model Guidelines for Municipal Shoreland Zoning Ordinances (see page 6); • provides assistance to town officials and landowners in the form of workshops, publications and staff time; • monitors local compliance to ensure that the local ordinances are followed; and • reviews and approves (or disapproves) local ordinances to ensure compliance with the state Guidelines and statute. The Municipal Role The Shoreland Zoning Act requires all municipalities to enact, administer, and enforce a local ordinance. This means that local government must: • adopt a shoreland zoning ordinance (and map) that, at a minimum, meets the state Guidelines, addresses all the statutory requirements of the Act, and has been approved by the DEP Commissioner; • put administrative procedures in place to review applications and issue permits; and • appoint a Code Enforcement Officer whose responsibility it is to enforce the ordinance provisions, collect permit fees, and record all transactions. You can obtain a copy of your municipal shoreland zoning ordinance from your town office. Part Two – Shoreland Zoning Regulations 6 PART TWO – SHORELAND ZONING REGULATIONS THE STATE GUIDELINES: AN OVERVIEW Part Two of this publication highlights the most important provisions of the state's Guidelines for Municipal Shoreland Zoning Ordinances, also referred to as the Model Ordinance. Please note that a town’s ordinance may be more restrictive than the standards within this handbook. The focus here is only on those sections of the Guidelines that are most relevant to residential shoreland owners. Please check with your local code enforcement officer before planning your project. The Purpose of the Guidelines The Guidelines were written to provide municipalities with shoreland zoning standards, and serve as a model for town uploads/Management/ citizen-guide 1 .pdf