Town of Camden, ME Performance Standards

All spreading of manure shall be accomplished in conformance with the Maine 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 through 4209).

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 area must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.

Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area within the shoreland area 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.

NOTE: Assistance in preparing a soil and water conservation plan may be available through the local Soil and Water Conservation District office.

There shall be no new tilling of soil within 100 feet, horizontal distance, of the normal high waterline 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 amendment and not in conformance with this provision may be maintained.

[Amended 6-15-2010]

Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the normal high waterline 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 are 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.

Beach construction and alteration of shorelines. Beach construction on any great pond or coastal wetland shall require a permit from the Department of Environmental Protection. Beach construction on any river, stream, or brook capable of floating watercraft shall require approval from the Commissioner of the Department of Environmental Protection (DEP), as required by law.

Campgrounds and individual private campsites.

Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:

Campgrounds shall contain a minimum of 5,000 square feet of land, not including road and driveways, for each site. Land supporting wetland vegetation and land below the normal high waterline of a water body shall not be included in calculating land area per site.

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 waterline 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 waterline of other water bodies, tributary streams, or the upland edge of a wetland.

[Amended 11-10-2009]

Individual, private campsites not associated with campgrounds are allowed, provided the following conditions are met:

One campsite per lot existing as of November 1, 1991, or 30,000 square feet of lot area within a shoreland area, whichever is less, may be permitted.

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 privately.

[Amended 6-14-2016]

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 waterline 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 waterline of other water bodies, tributary streams, or the upland edge of a wetland.

[Amended 11-10-2009]

Only one recreational vehicle shall be allowed on a campsite. A recreational vehicle shall not be located on any type of permanent foundation except for a gravel pad, and nothing except a canopy shall be attached to the recreational vehicle.

[Amended 11-10-2009]

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.

[Added 11-10-2009]

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.

When a recreational vehicle, tent or similar shelter is placed on-site for more than 120 days per year and not serviced by public sewage facilities, a sewage disposal system shall be installed in compliance with the State of Maine Subsurface Wastewater Disposal Rules.[1]

Editor's Note: See 10-144 CMR Ch. 241.

Erosion and sedimentation control. On slopes greater than 25%, there shall be no grading or filling within 100 feet of the normal high-water mark except to protect the shoreline and prevent erosion.

[Amended 11-10-2009]

All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions shall comply with this section. Activities which require a permit shall also require a written soil erosion and sedimentation control plan. The plan shall include, where applicable, provisions for:

Mulching and revegetation of disturbed soil.

Temporary runoff control features such as hay bales, silt fencing or diversion ditches.

Permanent stabilization structures such as retaining walls or riprap.

In order to create the least potential for erosion, development shall be designed to fit with the topography and soils on 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.

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.

Any exposed ground area shall be temporarily or permanently stabilized within one week of 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:

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.

Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.

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.

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.

Mineral exploration and extraction.

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, except that exploration which exceeds the above limitation may be permitted by the Code Enforcement Officer. All excavations, including test pits and holes, shall be immediately capped, filled or secured by other equally effective measures so as to restore disturbed areas and to protect the public health and safety.

Mineral extraction may be permitted under the following conditions:

The activity is carried out in accordance with a site plan approved by the Planning Board in accordance with Article XII. The site plan shall include a reclamation plan and 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 G(2)(c) below.

No part of any extraction operation, including drainage and runoff control features, shall be permitted within 100 feet, horizontal distance, of the normal high waterline 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 waterline of any other water body, tributary stream, or upland edge of a wetland. Extraction operations shall not be permitted within 75 feet, horizontal distance, of any property line without written permission of the owner of such adjacent property.

[Amended 11-10-2009]

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:

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.

The final grade slope shall be 2 1/2 to one slope or flatter.

[Amended 11-10-2009]

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.

Piers, docks, wharves, bridges and other structures and uses extending over or below the normal high waterline of a water body or within a wetland, and shore stabilization. In addition to federal or state permits which may be required for such structures and uses, piers, docks, wharves, breakwaters, causeways, marinas, bridges over 20 feet in length, and uses projecting in water bodies shall conform to the following standards (all references to "Inner Harbor," "Outer Harbor," and "Coastal Harbor" shall mean those areas as defined in Chapter 108, Harbor and Waterways, of the Code of the Town of Camden):

General standards.

No more than one pier, dock, wharf or similar structure extending or located below the normal high waterline 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 Subsection M(1), a second structure may be allowed and may remain as long as the lot is not further divided.

Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.

The location shall not interfere with existing development or natural beach areas.

The facility shall be located so as to minimize adverse effects on fisheries.

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.

No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high waterline of a water body or within a wetland unless the structure requires direct access to the water body or wetland as an operational necessity.

New permanent piers and docks on nontidal waters shall not be permitted unless it is clearly demonstrated to the Planning Board 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.[2]

Editor's Note: See 38 M.R.S.A. § 480-A et seq.

(8)

No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high waterline of a water body or within a wetland shall be converted to residential dwelling units in any district.

(9)

Vegetation may be removed in excess of the standards in § 290-10.2S 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 Planning Board.

When necessary, the removal of trees and other vegetation to allow for construction equipment access to the stabilization 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.

Revegetation must occur in accordance with Subsection V.V.

(10)

A deck or 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:

The total deck area attached to the structure does not exceed 700 square feet;

The deck is cantilevered over a segment of a river that is located within the boundaries of the downtown revitalization project;

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;

The construction of the deck complies with all other applicable standards, except the shoreline setback requirements in Subsection S(2); and

The construction of the deck complies with all other state and federal laws.

Piers:

Height of walkway of piers and wharves in the shoreland area adjacent to the Inner Harbor and Outer Harbor areas as defined in Chapter 108, Harbor and Waterways, of the Code of the Town of Camden shall not exceed six feet above mean high water. In the shoreland area adjacent to the Coastal Harbor, the height shall not exceed 10 feet above mean high water.

The maximum width of the walkway of the pier in the shoreland area adjacent to the Coastal and Outer Harbor areas shall not exceed four feet. The overall width of the pier at the walkway shall not exceed six feet. Piers and wharves in the shoreland area adjacent to the Inner Harbor area shall not exceed 12 feet in width. The width of the base of the pier shall be in conformance to standard engineering practices.

Fender pilings, bollards, railings, or other accessory structures which extend above the walkway of a pier or wharf shall be limited to a height of six feet above the walkway. Railings shall be substantially open in construction to minimize visual interference from both shore and water.

No pier shall be constructed within 30 feet (horizontal distance) of the point where the property line intersects the Harbor line in the shoreland area adjacent to the Coastal and Outer Harbor areas. In the Inner Harbor area, there shall be no required setback except where a business district abuts a residential district, in which case the setback shall be 10 feet from the line between the two districts.

No pier shall be built within 300 feet as measured along the shoreline from an existing or from an approved pier, wharf, or breakwater, except in the shoreland area adjacent to the Inner Harbor area of the shoreland zone where separation between piers shall not be less than 40 feet; and, except where the Harbor Business District abuts a residential district, the separation between piers shall be no less than 20 feet.

The location of the structure or the use of the facility shall not conflict with the applicable sections of Chapter 108, Harbor and Waterways, of the Code of the Town of Camden.

No structures shall be permitted on piers, wharves, or breakwaters, except temporary structures and permanent nonbuilding-type structures allowed under the regulations of that district.

(8)

No filling is permitted beyond the officially established Harbor line except in connection with construction of a municipal pier or boat ramp.

Consolidated piers.

Where permitted by the district regulations section of this chapter, consolidated piers shall comply with the following standards:

Participating property owners shall have combined continuous, contiguous frontage of at least 600 feet.

The pier shall not be constructed within 30 feet (horizontal distance along the shoreline) of the exterior property lines of the combined properties, as the pier intersects the Harbor line.

The maximum width of the walkway of the pier shall not exceed six feet. Height of the walkway shall not exceed six feet above mean high water. In the shoreland area adjacent to the Coastal Harbor, the height shall not exceed 10 feet above mean high water.

The width of the base of the pier shall be in conformance with standard engineering practice.

No pier shall be constructed within 300 feet as measured along Harbor line from an existing or from an approved pier, wharf, breakwater, or other similar construction.

Construction of a pier shall not be such as to substantially impede the public's right of passage over the shores and flats.

Where two or more property owners combine to participate in a consolidated pier under this provision, common use easements shall be provided for the use of the pier.

Pier rights on contributing properties shall be relinquished by the property owners in a written instrument.

(i)

Recordable instruments or agreement on cross-easements shall be submitted with the application and certified by the applicant(s), in writing, to the Planning Board.

Procedure. In addition to those called for under the site plan review section of this chapter, the following procedures will be followed for consolidated piers:

Application shall be made to the Code Enforcement Officer.

Property shall be identified as for site plan review.

Proof of ownership shall be provided.

A copy of the written agreement between the participants shall be submitted with the application.

The application will be referred to the Planning Board for approval under the site plan review section of this chapter. The Planning Board shall obtain input from the Harbor Committee and may solicit information from the Conservation Commission, as well as other appropriate Town officials and committees. All federal and state permits shall have been obtained prior to making the application to the Town.

Bulkheads.

After all applicable federal and state permits have been obtained, existing bulkheads may be repaired or replaced, providing the replacement or repair does not extend beyond the Harbor line.

New bulkheads shall be constructed in conformance with generally accepted engineering practice subject to obtaining all applicable federal and state permits. New bulkheads shall not extend beyond the Harbor line.

Lots and structures. All land use activities within the shoreland area, except in the Downtown Business (B-1), the River Business (B-R), the Harbor Business (B-H) and the Transitional Harbor Business (B-TH) Districts, shall conform with the space and bulk standards of the districts in which they are located or with the following standards, whichever are the stricter:

[Amended 11-9-2004; 6-20-2006; 11-14-2006; 11-10-2009; 6-15-2010; 7-14-2020]

Minimum lot standards.

Residential/Per Dwelling Unit	Minimum Lot Area (square feet)	Minimum Shore Frontage (feet)
Along tidal waters	30,000	150
Along nontidal waters	40,000	200
Governmental, institutional, commercial or industrial/per principal structure
Along tidal waters	40,000	200
Along nontidal waters	60,000	300
Public and private recreational facilities
Along all waters	40,000	200

Calculating minimum lot area. Land below the normal high waterline of a water body or the upland edge of a wetland, and land beneath roads serving more than two lots, shall not be included toward calculating the minimum lot area.

Minimum width. The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high waterline 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.

Separate tracts or parcels. Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land for purposes of calculating the lot area and dimensional requirements set forth in this chapter unless such road was established by the owner of land on both sides of that road after September 22, 1971.

Multiple structures. If more than one residential dwelling unit or more than one principal, governmental, institutional, commercial or industrial structure or use is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit or principal structure or use, except for dwelling units, or commercial or industrial structures located in the Downtown Business (B-1), the River Business (BR), and the Harbor Business (B-H) Districts. When determining whether dimensional requirements are met, only land area within the Shoreland Zone shall be considered.

[Amended 6-14-2022]

Lodging facilities. In the event that lodging facilities are permitted or are permitted as a special exception in the zoning district, then any such lodging facilities located in the shoreland area of the zoning district shall be allowable, provided that all applicable standards contained in this chapter are met, including the residential shore frontage and minimum lot size requirements for each rental unit. Lodging facilities located in the Downtown Business, Transitional River Business, River Business, and Harbor Business Districts are exempt from this provision.

Lowest floor elevation. The establishment of the lowest floor elevation or openings of all buildings and structures, and including basements, located in a shoreland area shall comply with the requirements and provisions of Chapter 92, Floodplain Management, of the Camden Code.

(8)

Ground coverage. The total footprint area of all structures, parking lots and other nonvegetated surfaces on a lot shall not exceed 20% of the lot or a portion thereof located within the shoreland area, including land area previously developed; except in the Harbor Business (B-H), the Downtown Business (B-1), and the River Business (B-R) Districts.

(9)

Stairways. 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, that the structure does not extend below or over the normal high waterline 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, Title 38 M.R.S.A. § 480-C), and that the applicant demonstrates that no reasonable access alternative exists on the property.

(10)

Nearest horizontal distance: water bodies, tributary streams and wetlands. The nearest horizontal distance of all new principal and accessory structures shall be set back from the normal high waterline as follows:

Natural resources protection:* 250 feet.

Rural 1, Rural 2, Rural Recreation, Coastal Residential, Village Extension, and Traditional Village Districts: 75 feet.

River Business (B-R) District: 30 feet.

*	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.

Nearest horizontal distance: great ponds. The nearest horizontal distance from the normal high waterline of a great pond classified GPA to the nearest point of all new principal and accessory structures, or substantial expansions of legally existing nonconforming buildings or structures, within the shoreland area in any zoning district shall be set back at least 100 feet, horizontal distance, from the normal high waterline.

Nearest horizontal distance - coastal wetlands. When the nearest horizontal distance from the apparent edge of a coastal wetland to a proposed project is less than 85 feet by visual inspection, the edge of the coastal wetland shall be determined by a Maine licensed surveyor, according to the definition of "coastal wetland" in Article III.

Coastal bluffs. Further, water and wetland setback measurements for principal structures 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 own 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 Appeals.

Substantial expansion. For purposes of this subsection, a "substantial expansion" of such a building or structure shall be an expansion which increases either the volume of floor area by 30% or more. This setback shall neither apply to structures which require direct access to the water as an operational necessity, such as piers, docks, and retaining walls, nor to other functionally water-dependent uses. This subsection is not intended to prohibit a less-than-substantial expansion of a legally existing nonconforming structure, provided that the expansion does not create further nonconformity with the water setback requirement. This subsection does not apply to the setback requirements in the Harbor Business (B-H) District and in the Harbor Business District.[3] An expansion of a legally existing nonconforming building or structure which is less than a substantial expansion is prohibited unless allowed by the provisions of Article VIII, § 290-8.12E(2).

Editor's Note: So in original.

Setbacks from great ponds classified GPA. In addition, notwithstanding any other provision of this chapter, new principal and accessory structures, and substantial expansions of legally existing nonconforming buildings and structures, within the shoreland area in any zoning district shall be set back at least 100 feet, horizontal distance, from the normal high waterline of any great pond classified GPA and rivers that flow to great ponds classified GPA.

(11)

The minimum lot size in the Village and Village Extension Districts shall be 10,000 square feet, when the entire lot is at least 75 feet from the normal high-water mark and public sewer is available.

(12)

Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill, provided all of the following conditions are met:

The site has been previously altered and an effective vegetative buffer does not exist;

The wall(s) is (are) at least 25 feet, horizontal distance, from the normal high waterline of a water body, tributary stream, or upland edge of a wetland;

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;

The total height of the wall(s), in the aggregate, is no more than 24 inches;

Retaining walls are located outside the 100-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;

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

A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high waterline 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:

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;

Vegetation plantings must be in plantings sufficient to retard erosion and provide for effective infiltration of stormwater runoff;

Only native species may be used to establish the buffer area;

A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high waterline or upland edge of a wetland;

[5]

A footpath not to exceed the standards in Article X, § 290-10.2S(2)(a), may traverse the buffer.

Roads, driveways, and associated drainage systems, culverts and related features.

[Amended 11-10-2009]

Road crossings of watercourses shall be kept to the minimum number necessary.

Bottoms of culverts shall be installed at streambed elevation.

All cut or fill banks and areas of exposed mineral soil shall be revegetated or otherwise stabilized as soon as possible.

Bridges or culverts of adequate size and design shall be provided for all road crossings of watercourses which are to be used when surface waters are unfrozen.

Roads and driveways.

New roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high waterline 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 waterline 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 Planning Board may reduce the road and/or driveway setback requirement to no less than 50 feet, horizontal distance, upon clear showing by the applicant to the Board 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. This subsection shall neither apply to approaches to water crossings nor 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, sale 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 section except for that portion of the road or driveway necessary for direct access to the structure. On slopes greater than 20%, the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each 5% increase in slope above 20%.

Existing public roads may be expanded within the legal road right-of-way regardless of its setback from the water body or wetland.

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 waterline of a water body, tributary stream, or upland edge of a wetland.

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.

Road and driveway grades shall be no greater than 10% except for segments of less than 200 feet.

In order to prevent road and driveway surface damage 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 waterline 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.

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:

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 (percent)	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

Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.

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.

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.

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.

Parking areas.

[Added 11-10-2009]

Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the parking district in which such areas are located except that in the B-H District, parking areas shall be set back at least 25 feet, horizontal distance, from the shoreline. The setback requirements for parking areas serving public boat launching facilities in districts other than the B-H 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.

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 runoff on-site.

In determining the appropriate size of proposed parking facilities, the following shall apply:

Typical parking space: approximately 10 feet wide and 20 feet long, except that parking spaces for a vehicle and boat trailer shall be 40 feet long.

Internal travel aisles: approximately 20 feet wide.

Septic waste disposal. All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules,[4] and the following:

[Amended 11-10-2009]

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, from the normal high waterline of a water body or the upland edge of a wetland; and

A holding tank is not allowed for a first-time residential use in the shoreland zone.

Editor's Note: See 10-144 CMR Ch. 241.

Timber harvesting. The municipal regulation of timber harvesting activities is repealed on the statutory date established under 38 M.R.S.A. § 438-B, Subdivision 5, at which time the State of Maine Department of Conservation's Bureau of Forestry shall administer timber harvesting standards in the shoreland zone. On the date established under 38 M.R.S.A. § 438-B, Subdivision 5, Article X, § 290-10.2Q, is repealed.

[Amended 11-10-2009; 1-1-2013]

The subdivision of land containing less than 750 feet of shoreline and within the 250 feet shoreland area must provide at least one right-of-way 25 feet in width to water for community use. The subdivision of 750 feet or more of shoreline must provide a fifty-foot right-of-way to water for community use for each 750 feet of shoreline. Land in the Downtown Business (B-1), the River Business (B-R), and the Harbor Business (B-H) Districts shall be exempt from this standard.

[Amended 7-14-2020]

Clearing or removal of vegetation for activities other than timber harvesting.

[Amended 11-10-2009; 7-14-2020]

In a shoreland area zoned as a Natural 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 waterline, except to remove hazard trees as described in Subsection T below. Elsewhere, in any Natural Resource Protection District, the clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

Except in areas as described in Subsection S(1), above, within a strip of land extending 100 feet, horizontal distance, inland from the normal high waterline of a great pond classified GPA or a river flowing to a great pond classified GPA, or within a strip of land 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:

There shall be no cleared opening or openings 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.

Selective cutting of trees within the buffer strip is allowed, provided that a well-distributed stand of trees and other natural vegetation is maintained.

In order to protect water quality and wildlife habitat, adjacent to great ponds, and streams and rivers which flow to great ponds, 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 in this subsection.

Pruning of tree branches on the top 2/3 of the tree is prohibited.

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 Subsection T below, unless existing new tree growth is present.

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 Subsection S(2) above.

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 at distances greater than 75 feet, horizontal distance, from the normal high waterline of any other water body, tributary stream, or the upland edge of a wetland, there shall be permitted 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 connection with the development of permitted uses shall be included in the 40% calculation. For purposes of these standards, "volume" may be considered to be the 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 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 Downtown Business (B-1), River Business (B-R), and the Harbor Business (B-H) Districts.

Legally existing nonconforming cleared openings in existence on the effective date of this chapter may be maintained, but they shall not be enlarged, except as permitted by this chapter.

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under this section.

Hazard trees, storm-damaged trees, and dead tree removal.

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:

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 tree 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.

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 tree 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.

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 area 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.

The Code Enforcement Officer may require the property owner submit an evaluation from a licensed forester or arborist before any hazard tree can be removed within the shoreland zone.

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.

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:

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:

The area from which storm-damaged tree is removed does not result in new lawn areas or other permanently cleared areas;

Stumps from the storm-damaged trees may not be removed;

Limbs damaged from a storm event may be pruned even if they extend beyond the bottom 1/3 of the tree; and

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.

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.

Exemptions to clearing and vegetation removal requirements. The following activities are exempt from the clearing and vegetation removal standards set forth in Article X, § 290-10.2S, provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:

The removal of vegetation that occurs at least one 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 subsection. If any of these areas, due to lack of removal of vegetation every two years, reverts back to primarily woody vegetation, the requirements of Article X, § 290-10.2S, apply;

The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of Article X, § 290-10.2M(10), are not applicable;

The removal of vegetation from the location of public swimming areas associated with an allowed public recreational facility;

The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized and provided all requirements of § 290-10.2B are complied with;

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:

A coastal wetland; or

A river that does not flow to a great pond classified as GPA pursuant to 38 M.R.S.A. § 465-A.

The removal of nonnative invasive vegetation species, provided the following minimum requirements are met:

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 the wheeled or tracked equipment may be operated or stored on existing structural surfaces, such as pavement or gravel;

Removal of vegetation within 25 feet, horizontal distance, from the shoreline occurs via hand tools; and

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.

NOTE: An updated list of nonnative invasive vegetation is maintained by the Department of Agriculture, Conservation and Forestry's Natural Areas Program: http://www.maine.gov/dacf/mnap/features/invasive_plants/invasive.htm.

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.

Revegetation requirements. When revegetation is required in response to violations of the vegetation standards set forth in Article X, § 290-10.2S, 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:

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 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.

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 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.

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.

Revegetation activities must meet the following requirements for tree and saplings:

All trees and saplings removed must be replaced with native noninvasive species;

Replacement vegetation must at a minimum consist of saplings;

If more than three trees or saplings are planted, then at least three different species shall be used;

No one species shall make up 50% or more of the number of trees and saplings planted;

If revegetation is required for shoreline stabilization project and it is not possible to plant trees and saplings in the same area where tree saplings were removed, then trees or saplings must be planted in a location that effectively reestablishes the screening between the shoreline and structures; and

A survival rate of at least 80% of planted trees or saplings is required for a minimum five-year period.

Revegetation activities must meet the following requirements for woody vegetation and other vegetation under three feet in height:

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;

Woody vegetation and vegetation under three feet in height shall be planted in quantities and variety sufficient to prevent erosion and provide the effective infiltration of stormwater;

If more than three woody vegetation plants are to be planted, then at least three different species shall be planted;

No species shall make up 50% or more of the number of planted woody vegetation plants; and

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.

Revegetation activities must meet the following requirements for ground vegetation and ground cover:

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;

Where necessary due to a lack of 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 effective infiltration of stormwater;

Survival and functionality of ground vegetation and ground cover must be sufficient to remain in compliance with standards contained within this chapter for minimum of five years.

Stormwater runoff.

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.

Stormwater runoff systems shall be maintained as necessary to ensure proper functioning.

Essential services.

[Amended 11-10-2009]

Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

The installation of essential services, other than roadside distribution lines, is not permitted in a Natural 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 permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.

Soils. 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 an analysis of the characteristics of the soil and surrounding land and water areas, maximum groundwater elevation, and 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.

[Amended 11-10-2009]

Commercial and industrial uses.

The following new commercial and industrial uses are prohibited within the shoreland area adjacent to great ponds classified GPA and rivers and streams which flow to great ponds classified GPA:

[Amended 11-10-2009]

Auto-washing facilities.

Auto or other vehicle service and/or repair operations, including body shops.

Chemical and bacteriological laboratories.

Storage of chemicals, including herbicides, pesticides or fertilizers, other than amounts normally associated with individual households or farms.

Commercial painting, wood preserving, and furniture stripping.

Dry-cleaning establishments.

Electronic circuit assembly.

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 same property as use occurs and except for storage and sales associated with marinas.

(k)

Photographic processing.

(l)

Printing.

(m)

Indoor marijuana cultivation facilities.

For the purposes of this chapter, lobster, scallop, mussel and similar fishing activities shall not be considered a commercial activity, provided that:

The activity involves only one boat which is less than 40 feet in length;

The operation employs no more than two persons including the owners; and

No wholesale or retail sales of the catch occurs on-site unless conforming to the standards of a home occupation.

AA.

Water quality. 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.

[Amended 11-10-2009]

BB.

Archaeological sites. In the event that a proposed land use activity involves structural development or soil disturbance on or adjacent to sites listed on, or eligible to the be listed on, the Maine Historic Preservation Commission list, then the permitting authority shall submit a notice of that land use activity to the Maine Historic Preservation Commission for review and comment at least 20 days prior to action by that permitting authority on the application. The permitting authority shall consider any comments received from the Commission prior to rendering a decision on the application.

[Amended 11-10-2009]

CC.

Meanings of "well-distributed stand of trees" and "other vegetation."

[Amended 11-10-2009]

For purposes of this section of this chapter, a "well-distributed stand of trees" adjacent to a great pond classified GPA or adjacent to a river or stream flowing to a great pond classified GPA shall be defined as maintaining a rating score of 24 or more in any twenty-five-foot by fifty-foot (1,250 square feet) area as determined by the following rating system:

Diameter of Tree at 4 1/2 Feet Above Ground Level (inches)	Points
2 to < 4	1
4 to <8	2
8 <12	4
12 or greater	8

Adjacent to other water bodies, tributary streams, and wetlands, a "well-distributed stand of trees and other vegetation" is defined as maintaining a minimum rating score of 16 per twenty-five-foot by fifty-foot rectangular area.

Note: As an example, adjacent to a great pond, if a twenty-five-foot by fifty-foot plot contains four trees between two inches and four inches in diameter, two trees between four inches and eight inches in diameter, three trees between eight inches and 12 inches in diameter, and two trees over 12 inches in diameter, the rating score is:

(4×1) + (2×2) + (3×4) + (2×8) = 36 points

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.

The following shall govern in applying this point system:

The twenty-five-foot by fifty-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

Each successive plot must be adjacent to, but not overlap, a previous plot;

Any plot not containing the required points must have no vegetation removed down to the minimum points required or as otherwise allowed by this chapter;

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.

For purposes of this section of this chapter, "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.