The purposes of this article are to further the maintenance
of safe and healthful conditions; to prevent and control water pollution;
to protect fish spawning grounds, aquatic life, bird and other wildlife
habitats; to protect buildings and lands from flooding and accelerated
erosion; to protect archaeological and historic resources; to protect
commercial fishing and maritime industries; to protect freshwater
and coastal wetlands; to manage building sites, placement of structures
and land uses; to conserve shore cover; and visual as well as actual
points of access to inland and coastal waters; to conserve natural
beauty and open space; and to anticipate and respond to the impacts
of development in shoreland areas.
A.
The provisions of this article apply to the "shoreland zone" as used
in this chapter which includes the following:
B.
Districts and Shoreland Zoning Map.
(1)
Resource Protection Overlay District: The Resource Protection
Overlay District (RPOD) shall include the areas shown as RPOD on the
Official Zoning Map and the following areas when they occur within
the limits of the shoreland zone as mandated by the State of Maine
Mandatory Shoreland Zoning Act, 38 M.R.S.A § 435 et seq,
except that areas which are currently developed need not be included
within the Resource Protection Overlay District:
(a)
Areas within 250 feet, horizontal distance, of the upland edge
of salt marshes and salt meadows that are rated "moderate" or "high"
value by the Maine Department of Inland Fisheries and Wildlife (MDIF&W)
as of January 1, 1973; and areas within 250 feet, horizontal distance,
of the upland edge of freshwater wetlands and wetlands associated
with rivers which are rated "moderate" or "high" value waterfowl and
wading bird habitats, including nesting and feeding areas, by the
MDIF&W, that are depicted on a GIS data layer maintained by either
MDIF&W or the DEP as of December 31, 2008, and the area within
100 feet, horizontal distance, of the upland edge of the unrated mapped
freshwater wetlands along Stackpole Creek and the Nonesuch River.
(b)
Land areas within the one-hundred-year floodplains adjacent
to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood
Hazard Boundary Maps.
(c)
Areas of two or more contiguous acres with sustained slopes
of 20% or greater.
(d)
Areas of two or more contiguous acres with hydric soils and
supporting wetland vegetation that are not part of a fresh water or
coastal wetland, as defined, and that are not surficially connected
to a water body during the period of normal high water.
(e)
Land areas adjacent to tidal waters that are subject to severe
erosion or mass movement, such as steep coastal bluffs.
(f)
All land areas within 75 feet, horizontal distance, of the normal
high-water line of a stream.
(g)
All land areas within 250 feet, horizontal distance, from the
following natural features: Cascade Brook Falls; Nonesuch River Fault;
Saco Heath.
(h)
All land area known as Stratton Island, Bluff Island, Ram Island,
and Eagle Island.
(i)
All land area currently being used as general public access
to tidal beaches or the Saco River.
(j)
All land area within 100 feet, horizontal distance, of Philips
Spring, Seal Rock Spring, Heath Road Spring and Jenkins Road Spring.
(k)
Areas designated by federal, state or municipal government as
natural areas of significance to be protected from development including:
Ferry Beach State Park; Rachel Carson Wildlife Preserve.
(2)
Shoreland Overlay District. The Shoreland Overlay District (SLOD)
includes all lands shown on the Official Zoning Map as Shoreland Overlay
District.
(3)
Coastal Development Overlay District: The Coastal Development
Overlay District (CDOD) includes all lands shown on the Official Zoning
Map as Coastal Development Overlay District.
C.
Effective date.
(1)
Effective date of article and article amendments. This article,
which was amended by the municipal legislative body on April 12, 2021[1] shall not be effective unless approved by the Commissioner
of the Department of Environmental Protection. A certified copy of
the article as amended, attested and signed by the Municipal Clerk,
shall be forwarded to the Commissioner for approval. If the Commissioner
fails to act on this article amendment within 45 days of their receipt
of the amendment, it shall be automatically approved.
[1]
Editor's Note: The provisions of this article as originally
adopted, and subsequently amended 10-24-2016, were incorporated into
this chapter and approved by the Department of Environmental Protection.
(2)
Any application for a permit submitted to the municipality within
the forty-five-day period shall be governed by the terms of this article
as amended if the amendment is approved by the Commissioner.
Activities within the districts subject to these requirements
shall conform to the following additional dimensional requirements:
A.
Dimensional standards.
(1)
Dimensional standards for the Resource Protection Overlay, Shoreland Overlay and Coastal Development Overlay are detailed in Article III with additional requirements in Table 8-1:
(a)
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.
|
Table 8-1
Minimum Lot Standards
| ||
|---|---|---|
|
Requirement
|
Minimum Lot Area
(square feet)
|
Minimum Shore Frontage
(feet)
|
|
Residential per dwelling unit
| ||
|
Within the shoreland zone adjacent to tidal areas
|
30,000
|
150
|
|
Within the shoreland zone adjacent to nontidal areas
|
40,000
|
200
|
|
Governmental, institutional, commercial or industrial per principal
structure
| ||
|
Within the shoreland zone adjacent to tidal areas,
exclusive of those areas zoned for commercial fisheries and maritime
activities
|
40,000
|
200
|
|
Within the shoreland zone adjacent to tidal areas
zoned for commercial fisheries and maritime activities
|
None
|
None
|
|
Within the shoreland zone adjacent to nontidal areas
|
60,000
|
300
|
|
Public and private recreational facilities
| ||
|
Within the shoreland zone adjacent to tidal and
nontidal areas
|
40,000
|
200
|
|
Table 8-2
Dimensional Standards for Principal and Accessory Structures
in Natural Resource Districts
| |||
|---|---|---|---|
|
Requirement
|
Resource Protection Overlay District
|
Shoreland Overlay District
|
Coastal Development Overlay District
|
|
Minimum street frontage (feet)
| |||
|
Lots in RC or LDR Districts
|
200
|
150
|
150
|
|
Lots in all other districts
|
200
|
100
|
100
|
|
Minimum setback to water bodies1
| |||
|
Normal high-water line of a stream, tributary stream,
or upland edge of a wetland
|
75
|
75
|
75
|
|
Normal high-water line of great pond classified
GPA or river flowing to a great pond classified GPA
|
100
|
100
|
100
|
|
Minimum setback to water bodies for functionally dependent water
uses
|
0
|
0
|
0
|
|
Maximum height (feet)2
|
35
|
35
|
35
|
|
NOTES:
| |
|
1.
|
Protected water resources include normal high-water line of
freshwater bodies, the maximum spring high tide level (MHHW) of tidal
waters, and the upland edge of a wetland
|
|
2.
|
This provision shall not apply to structures such as transmission
towers, windmills, antennas, and similar structures having no floor
area. Cupolas, domes, widow's walks or similar features shall be exempt.
|
(2)
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.
(3)
Minimum lot width. Within 100 feet, horizontal distance, of
the normal high-water line of a water body or upland edge of a wetland,
the minimum width of any portion of any lot shall be equal to or greater
than the required shore frontage for the proposed use.
(4)
The water body or wetland setback provision 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.
(5)
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. Accessory structures may be placed in accordance with City Code Chapter 106, Floodplain Management, and need not meet the elevation requirements of this subsection.
(6)
Lot coverage.
(a)
Nonvegetated surfaces shall not exceed a total of 20% of the
portion of the lot located within the Shoreland Zoning Overlay District,
except in the SI, CE, and Coastal Development Overlay Districts. This
limitation does not apply to public boat launching facilities, regardless
of the district in which the facility is located.
(b)
In the SI and CE Districts located adjacent to coastal wetlands,
or rivers that do not flow to great ponds, nonvegetated surfaces shall
not exceed a total of 70% of the portion of the lot located within
the Shoreland Overlay District. The total nonvegetated surface shall
not exceed 40% of a lot or a portion thereof located within the Coastal
Development Overlay District.
(c)
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.
(d)
For the purposes of this article, a building is a structure
designed for habitation, shelter, storage, or as a gathering place
that has a roof. For the purposes of this rule, the foundation is
part of the building. A porch with a roof, attached to the exterior
walls of a building, is considered part of the building.
B.
Notwithstanding the requirements stated above, stairways or similar
structures may be allowed, with a permit from the CEO, 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-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 that the
applicant demonstrates that no reasonable access alternative exists
on the property.
C.
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 applicants
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, applicants may, at their 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.
D.
On a nonconforming lot of record on which only a residential structure
exists, and on which it is not possible to place an accessory structure
meeting the required setbacks, whether from water body, tributary
stream, or wetlands, the CEO may issue a permit to place a single
accessory structure not to exceed 80 square feet in area nor eight
feet in height, with no utilities, for the storage of yard tools and
similar equipment. The accessory structure shall be located as far
from the shoreline or tributary stream or wetland as practical and
shall meet all other applicable standards, including lot coverage
and vegetation clearing standards. The accessory structure shall not
be located closer to the shoreline, tributary stream, or wetland than
the principal structure.
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 each of the following conditions are
met:
(1)
The site has been previously altered and an effective vegetated
buffer does not exist;
(2)
The wall is 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, in the aggregate, is not more
than 24 inches;
(5)
The location is 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;
(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, leaf or bark mulch
or an equivalent alternative acceptable to the CEO shall be utilized.
(b)
Plantings, native species only, shall be installed to retard
erosion and provide for effective infiltration of stormwater runoff.
(c)
A minimum buffer width of 15 feet, horizontal distance, is required,
measured perpendicular to the normal high-water line or upland edge
of a wetland.
(d)
A footpath no greater than four feet in width may traverse the
buffer at a right angle.
(e)
All permits required by the Maine Department of Environmental
Protection and/or other regional, state, or federal agencies shall
have been issued prior to the start of work.
A.
Performance standards.
(1)
All applications for temporary piers, docks, wharves and other
marine structures shall be reviewed by the CEO, and all applications
for permanent piers, docks, wharves and other marine structures shall
be reviewed by the Planning Board. All such applications shall be
reviewed for conformance with the following standards listed below.
(2)
If the reviewing authority is unable to reach a decision using
the criteria below due to either inconclusive or conflicting information,
the reviewing authority will require the applicant to submit an environmental
impact analysis assessing the proposal's impact on natural areas,
including impacts of the proposed structure in conjunction with other
adjacent or abutting structures.
(3)
The reviewing authority may also require that the proposal be
modified to ensure conformance with the standards set forth below.
Mitigation measures may include, but are not limited to, changes in
the design and construction of the marine structure, or changes in
magnitude, duration, and location of activities carried out at the
marine structure.
(4)
An application shall be approved by the reviewing authority
if there is a finding that:
(a)
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
this article, a second structure may be allowed and may remain as
long as the lot is not further divided.
(b)
Access from the shore shall be developed on soils appropriate
for such use, as determined through consultation with the local Soil
and Water Conservation District office. Whenever possible, access
from the shore to the marine structure shall be placed on bedrock.
Measures shall be taken to minimize soil erosion both during and after
construction.
(c)
The proposed location of the marine structure shall not unreasonably
interfere with access to existing marine structures or points of public
access, nor shall it unreasonably interfere with existing developed
or natural beach areas.
(d)
The marine structure shall be designed, sited, and constructed
to mitigate unreasonable adverse impacts on significant wildlife habitats
or unique natural areas, including, but not limited to fin fish and
shellfish fisheries, salt marshes, eel grass beds, shorebird feeding
and nesting habitats, critical fish spawning and nursery areas, etc.
(e)
Unreasonable interference with the natural flow of any surface
or subsurface waters or impedance of the flow of the current of any
river or channel shall be minimized during construction and subsequent
use of the marine structure.
(f)
The marine structure shall be designed, sited, and constructed
so as not to encroach upon federally designated navigation channels
or mooring areas or otherwise obstruct by any means whatsoever the
free use of piers, docks, and other common landing places.
(g)
The marine structure shall be no larger than necessary to accomplish
the purposes for which it is designed, notwithstanding the dimensional
limits listed below (Table 8-3). Its size and construction shall not
change the intensity of the adjoining land use, and by no means shall
it exceed a total distance of more than 1/3 the width of the water
body, when proposed for coastal or inland waterways. The applicant
may request a variance from the dimensional requirements due to the
additional requirement of handicap access or unusual wind or wave
conditions.
|
Table 8-3
Maximum Size of Marine Structures
| ||
|---|---|---|
|
Type
|
Maximum Width
(feet)
|
Maximum Length
(feet)
|
|
Private piers
|
6
|
1001
|
|
Commercial piers
|
12
|
1001
|
|
Ramps
|
4
|
As appropriate
|
|
Docks, floats
|
200 square feet
| |
|
NOTES:
| |
|
1
|
Landward of the mean low-water line
|
(h)
Developers of new subdivisions who propose docks as part of
the subdivision shall provide a community dock. The applicant may
request a variance for additional community docks, provided a demonstrated
need can be shown for the additional facilities.
(i)
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 as an operational necessity.
(j)
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.
(k)
Except in business districts (including the CE District) and
in residential districts, structures built on, over or abutting a
pier, wharf, dock or other structures 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.
(l)
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.
(m)
Vegetation may be removed in excess of the standards in § 230-810 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.
[1]
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.
[3]
A permit pursuant to the Natural Resources Protection Act is
required from the Department of Environmental Protection for shoreline
stabilization activities.
(n)
A deck over a river may be exempted from 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:
[1]
The total deck area attached to the structure does not exceed
700 square feet.
[2]
The deck is cantilevered over a segment of a river that is located
within the boundaries of the downtown revitalization project.
[3]
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.
[4]
The construction of the deck complies with all other applicable standards, except the shoreline setback requirements in § 230-803.
[5]
The construction of the deck complies with SRCC regulations
and all state and federal laws. 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.
Campgrounds shall conform to the minimum requirements imposed under state licensing procedures, Article VII of this chapter, and the following:
A.
Campgrounds shall provide 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.
A.
Parking areas shall meet the shoreline and tributary stream setback
requirements for structures for the district in which such areas are
located, except that in the CE District, parking areas shall be set
back at least 25 feet from the normal high-water line or the upland
edge of a wetland. The setback requirement for parking areas serving
public boat launching facilities in other districts shall be no less
than 50 feet from the normal high-water line or upland edge of a wetland
if the Planning Board finds that no other reasonable alternative exists.
B.
Parking areas shall be designed to prevent stormwater runoff from
flowing directly into a water body and, to the greatest extent practicable,
to retain all runoff on site.
A.
The following standards shall apply to the construction of roads
and/or driveways and drainage systems, culverts and other related
features:
(1)
Setback.
(a)
Roads and driveways shall be set back at least 75 feet, horizontal
distance, from the normal high-water line of 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. 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.
(b)
On slopes of greater than 20%, the road or driveway setback
shall be increased by 10 feet, horizontal distance, for each 5% increase
in slope above 20%.
(c)
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 due to an operational
necessity.
(2)
Existing public roads may be expanded within the legal road
right-of-way regardless of its setback from a water body, tributary
stream or wetland.
(3)
New roads and driveways are prohibited in the Resource Protection
Overlay District except to provide access to permitted uses within
the district, or as approved by the Planning Board upon a finding
that no reasonable alternative route or location is available outside
the district, in which case 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.
(4)
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 detailed in § 230-814.
(5)
Road and driveway grades shall be no greater than 10% except
for short segments of less than 200 feet.
(6)
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.
(7)
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:
(a)
Ditch relief culverts, drainage dips, and associated water turnouts
shall be spaced along the road or driveway at intervals no greater
than indicated in Table 8-4:
|
Table 8-4
Maximum Distance Between Ditch Relief Culvert, Drainage
Dips, and Associated Water Turnouts
| |
|---|---|
|
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
|
(b)
Drainage dips may be used in place of ditch relief culverts
only where the grade is 10% or less.
(c)
On sections having slopes greater than 10%, ditch relief culverts
shall be placed at approximately a 30° angle down slope from a
line perpendicular to the center line of the road or driveway.
(d)
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 established with appropriate materials.
(e)
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.
A.
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 CEO 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.
B.
Mineral extraction may be permitted under the following conditions:
(1)
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 B(4) below.
(2)
No part of any extraction operation, including drainage and
runoff control features, shall be permitted within 75 feet, horizontal
distance, of the normal high-water line of any 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.
(3)
Gravel pits within the shoreland zone 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 or planted landscaping
vegetation.
(4)
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:
(a)
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.
(b)
The final graded slope shall be 2:1 slope or flatter.
(c)
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.
(d)
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 § 4201-4214).
B.
Manure shall not be stored or stockpiled within 300 feet, horizontal
distance, of a water body, tributary stream, or wetland. All manure
storage areas within the Shoreland Zoning Overlay Districts 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 Zoning Overlay Districts
shall require a conservation plan to be filed with the Planning Board.
Nonconformance with the provisions of said plan shall be considered
a violation of this chapter.
D.
There shall be no new tilling of soil within 75 feet, horizontal
distance, from water bodies nor within 25 feet, horizontal distance,
of tributary streams and wetlands. Operations in existence on the
effective date of this chapter and not in conformance with this provision
may be maintained, provided that such tilling is conducted in accordance
with a soil and water conservation plan.
E.
Newly established livestock grazing areas shall not be permitted
within 75 feet, horizontal distance, of water bodies nor within 25
feet, horizontal distance, of tributary streams and 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.
Within the RP Overlay District, cutting or removal of vegetation
shall be limited to that which is necessary for uses expressly authorized
in that district and shall be demonstrated on a lot clearing plan
presented to the CEO or Planning Board as appropriate.
B.
Buffer strip.
(1)
In areas that are not in a RP Overlay District and within 75
feet, horizontal distance, from any water body, tributary stream,
or the upland edge of a wetland, a buffer strip of vegetation shall
be preserved as follows:
(a)
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.
(b)
Selective cutting of trees within the buffer strip is allowed,
provided that a well-distributed stand of trees and other natural
vegetation is maintained. For the purposes of this section, a "well-distributed
stand of trees" adjacent to water bodies, tributary streams, and wetlands
is defined as maintaining a minimum rating score of 16 or more per
twenty-five-foot by fifty-foot rectangular area (1,250 square feet)
as determined by the following rating system (Table 8-5).
|
Table 8-5
Points per Tree
| |
|---|---|
|
Diameter of Tree 4 1/2 feet Above Ground Level
(inches)
|
Points
|
|
2 to less than 4
|
1
|
|
4 to less than 8
|
2
|
|
8 to less than 12
|
4
|
|
12 or greater
|
8
|
(c)
For the purposes of Subsection B(1)(b) above, "other natural vegetation" is defined as retaining existing vegetation under three feet high and other ground cover and retaining at least five saplings less than two inches in diameter at 4.5 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.
(d)
Notwithstanding the above provisions, no more than 40% of the
total volume of trees four inches or more in diameter, measured at
4.5 feet above ground level, may be removed in any ten-year period.
(e)
Pruning of tree branches on the bottom 1/3 of the tree is allowed.
(f)
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 and non-invasive species that are migrating to Maine from southern New England due to climate change, in accordance with § 230-813 unless existing new tree growth is present.
(g)
In order to protect water quality and wildlife habitats, existing
vegetation under three feet high 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.
C.
Selective cutting.
(1)
At distances greater than 75 feet, horizontal distance, from
the normal high-water line of any 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 4.5 feet
above ground level. Tree removal in conjunction with the development
of permitted uses shall be included in the 40% calculation. For purposes
of these standards, volume may be considered to be equivalent to basal
area.
(2)
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 Zoning Overlay Districts or 10,000
square feet, whichever is greater, including land previously cleared.
This provision applies to the portion of a lot within the Shoreland
Zoning Overlay Districts, including the buffer area, but shall not
apply to industrial or business districts, including the CE 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 Zoning Overlay Districts may be removed
without a permit after consultation with the CEO 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 ground level. If
new growth is not present, replacement trees shall consist of native
species and be at least four feet high and be not less than two inches
in diameter. Stumps may not be removed.
(2)
Outside of the shoreline buffer, when hazard tree removal 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
Zoning Overlay Districts or 10,000 square feet, whichever is greater,
replacement with native tree species is required, unless new tree
growth is 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 ground level. If new growth is
not present, replacement trees shall consist of native species and
be at least two inches in diameter, measured at 4.5 feet above ground
level.
(3)
Removal of standing dead trees, resulting from natural causes,
is permissible without need for replanting or a permit, provided the
removal does not result in creation of new lawn areas, or other permanently
cleared areas, and stumps are not removed. For purposes of this provision,
dead trees are those trees that contain no foliage during the growing
season.
(4)
The CEO 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 Zoning Overlay Districts.
(5)
The CEO 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 ground level.
B.
Storm-damaged trees in the Shoreland Zoning Overlay Districts may
be removed without a permit after consultation with the CEO if the
following requirements are met:
(1)
Within the shoreline buffer, when 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 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 Zoning Overlay Districts 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.
A.
The following activities are exempt from clearing and vegetation removal standards set forth in § 230-810, provided that all other applicable requirements of this chapter are complied with and vegetation removal is limited to that which is necessary:
(1)
Vegetation removal that occurs at least once every two years for 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 vegetation removal every two years, reverts back to primarily woody vegetation, the requirements of § 230-810 apply.
(2)
Vegetation removal from the location of allowed structures or
allowed uses, when the shoreline setback requirements are not applicable.
(3)
Vegetation removal from the location of public swimming areas
associated with an allowed public recreational facility.
(4)
Vegetation removal associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of § 230-809 are complied with.
(5)
Vegetation removal associated with brownfields or voluntary
response action program (VRAP) projects, provided that vegetation
removal is necessary for remediation activities to clean up contamination
on a site approved by the Commissioner that is part of a state or
federal brownfields program or a voluntary response action program
pursuant 38 M.R.S.A § 343-E and that is located along:
(6)
Removal of nonnative invasive vegetation species, provided the
following minimum requirements are met:
(a)
If vegetation removal 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;
(b)
Vegetation removal within 25 feet, horizontal distance, from
the shoreline occurs via hand tools; and
(c)
If applicable clearing and vegetation removal standards are
exceeded due to removal of nonnative invasive species vegetation,
the area shall be revegetated with native species.
(7)
Vegetation removal associated with emergency response activities
conducted by the Department of Environmental Protection, the United
States Environmental Protection Agency, the United States Coast Guard,
and their agents.
A.
When revegetation is required in response to violations of vegetation standards set forth in § 230-810, to address removal of nonnative vegetation invasive species, or as a mechanism to allow for development that may otherwise not be permissible due to vegetation standards, including vegetation removal in conjunction with a shoreline stabilization project, revegetation must comply with the following requirements:
(1)
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 will remain, and where vegetation will be planted, including
a list of all vegetation to be planted.
(2)
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.
(3)
If part of a permitted activity, revegetation shall occur before
the permit expiration. If the activity or revegetation is not completed
before the permit expiration, a new revegetation plan shall be submitted
with any renewal or new permit application.
(4)
Revegetation activities must meet the following requirements
for trees and saplings:
(a)
All trees and saplings removed must be replaced with native
noninvasive species;
(b)
Replacement vegetation must at a minimum consist of saplings;
(c)
If more than three trees or saplings are planted, at least three
different species shall be used;
(d)
No one species shall make up 50% or more of the number of trees
and saplings planted;
(e)
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 saplings must
be planted in a location that effectively reestablishes the screening
between the shoreline and structures; and
(f)
A survival rate of at least 80% of planted trees or saplings
is required for a minimum five-year period.
(5)
Revegetation activities must meet the following requirements
for woody vegetation and other vegetation under three feet high:
(a)
All woody vegetation and vegetation under three feet high must
be replaced with native noninvasive species of woody vegetation and
vegetation under three feet high, as applicable;
(b)
Woody vegetation and vegetation under three feet high shall
be planted in quantities and variety sufficient to prevent erosion
and provide effective infiltration of stormwater;
(c)
If more than three woody vegetation plants will be planted,
then at least three different species shall be planted;
(d)
No one species shall make up 50% or more of the number of planted
woody vegetation plants; and
(e)
Survival of planted woody vegetation and vegetation under three
feet high must be sufficient to remain in compliance with the standards
contained within this chapter for a minimum of five years.
(6)
Revegetation activities must meet the following requirements
for ground vegetation and ground cover:
(a)
All removed ground vegetation and ground cover must be replaced
with native herbaceous vegetation in quantities and variety sufficient
to prevent erosion and provide effective infiltration of stormwater;
(b)
Where necessary due to 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
(c)
Survival and functionality of ground vegetation and ground cover
must be sufficient to remain in compliance with the standards contained
within this chapter for a 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.
To create the least potential for erosion, development shall be designed
to fit with topography and soils of sites. 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 a 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 erosion potential.
D.
Any exposed ground area shall be temporarily or permanently stabilized
within one week from the time it was last actively worked, by riprap,
sod, seed, and mulch, or other effective measures. In all cases, permanent
stabilization shall occur within nine months of initial exposure date.
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 mulch cover.
(3)
Additional measures shall be taken where necessary to avoid
siltation into water. Such measures may include 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 fifty-year
storm or greater and shall be stabilized with vegetation or lined
with riprap.
A.
All subsurface sewage disposal systems shall be installed in conformance
with State of Maine Subsurface Wastewater Disposal Rules and the following:
(1)
Clearing or removal of woody vegetation necessary to site a
new system and any associated fill extension shall not extend closer
than 75 feet, horizontal distance, from the normal high-water line
of a water body or the upland edge of a wetland to the potential water
source.
(2)
A holding tank is not allowed for a first-time residential use
in the Shoreland Zoning Overlay Districts.
Land uses shall be located on soils in or upon which 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 wastewater
disposal, and commercial or industrial development and other similar
intensive land uses, shall require a soils report based on an on-site
investigation and be prepared by state-certified professionals. Certified
persons may include Maine certified soils scientists, Maine registered
professional engineers, Maine state certified geologists and other
persons who have training and experience in recognition and evaluation
of soil properties. The report shall be based upon the analysis of
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 waters of the state any pollutant that, by itself or in combination
with other activities or substances, will impair designated uses of
the water classification of the water body, tributary stream or wetland.
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 by the permitting authority. The
permitting authority shall consider comments prior to rendering a
decision on the application.
See Article XIV.
Except as otherwise provided, for purposes of this chapter,
the following definitions shall apply:
A use or structure which is incidental and subordinate to
the principal use or structure. Accessory uses, when aggregated, shall
not subordinate the principal use of the lot. A deck or similar extension
of the principal structure or a garage attached to the principal structure
by a roof or a common wall is considered part of the principal structure.
An owner of land whose property is directly or indirectly
affected by the granting or denial of a permit or variance under this
chapter; a person whose land abuts land for which a permit or variance
has been granted; or any other person or group of persons who have
suffered particularized injury as a result of the granting or denial
of such permit or variance.
The production, keeping or maintenance for sale or lease
of plants or animals, including, but not limited to, forages and sod
crops, grains and seed crops, dairy animals and dairy products, poultry
and poultry products, livestock, fruits and vegetables and ornamental
green-house products. Agriculture does not include forest management
and timber harvesting activities.
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species.
The area of cross-section of a tree stem at 4 1/2 feet
above ground level and inclusive of bark.
Any portion of a structure with a floor-to-ceiling height
of six feet or more and having more than 50% of its volume below the
existing ground level.
A facility designed primarily for the launching and landing
of watercraft, and which may include an access ramp, docking area,
and parking spaces for vehicles and trailers.
State of Maine Department of Agriculture, Conservation, and
Forestry, Bureau of Forestry.
Any area or tract of land to accommodate two or more parties
in temporary living quarters, including, but not limited to tents,
recreational vehicles or other shelters.
The more or less continuous cover formed by tree crowns in
a wooded area.
All tidal and subtidal lands; all lands with vegetation present
that is tolerant of salt water and occurs primarily in a salt water
or estuarine habitat; and any swamp, marsh, bog, beach, flat or other
contiguous low land that is subject to tidal action during the highest
tide level for the year in which an activity is proposed as identified
in tide tables published by the National Ocean Service. Coastal wetlands
may include portions of coastal sand dunes.
The use of lands, buildings, or structures, other than a
"home occupation," defined below, the intent and result of which activity
is the production of income from the buying and selling of goods and/or
services, exclusive of rental of residential buildings and/or dwelling
units.
The cross-sectional area of a stream or tributary stream
channel is determined by multiplying the stream or tributary stream
channel width by the average stream or tributary stream channel depth.
The stream or tributary stream channel width is the straight line
distance from the normal high-water line on one side of the channel
to the normal high-water line on the opposite side of the channel.
The average stream or tributary stream channel depth is the average
of the vertical distances from a straight line between the normal
high-water lines of the stream or tributary stream channel to the
bottom of the channel.
The diameter of a standing tree measured 4.5 feet from ground
level.
A change in land use involving alteration of the land, water
or vegetation, or the addition or alteration of structures or other
construction not naturally occurring.
Numerical standards relating to spatial relationships including
but not limited to setback, lot area, shore frontage and height.
Any disability, infirmity, malformation, disfigurement, congenital
defect or mental condition caused by bodily injury, accident, disease,
birth defect, environmental conditions or illness; and also includes
the physical or mental condition of a person which constitutes a substantial
handicap as determined by a physician or in the case of mental handicap,
by a psychiatrist or psychologist, as well as any other health or
sensory impairment which requires special education, vocational rehabilitation
or related services.
The alteration of the physical shape, properties, or condition
of a shoreline at any location by timber harvesting and related activities.
A shoreline where shoreline integrity has been disrupted is recognized
by compacted, scarified and/or rutted soil, an abnormal channel or
shoreline cross-section, and in the case of flowing waters, a profile
and character altered from natural conditions.
A vehicular access-way less than 500 feet in length serving
two single-family dwellings or one two-family dwelling, or less.
Operations conducted for the public health, safety or general
welfare, such as protection of resources from immediate destruction
or loss, law enforcement, and operations to rescue human beings, property
and livestock from the threat of destruction or injury.
Gas, electrical or communication facilities; steam, fuel,
electric power or water transmission or distribution lines, towers
and related equipment; telephone cables or lines, poles and related
equipment; gas, oil, water, slurry or other similar pipelines; municipal
sewage lines, collection or supply systems; and associated storage
tanks. Such systems may include towers, poles, wires, mains, drains,
pipes, conduits, cables, fire alarms and police call boxes, traffic
signals, hydrants and similar accessories, but shall not include service
drops or buildings which are necessary for the furnishing of such
services.
An increase in the footprint of a structure, including all
extensions such as, but not limited to: attached decks, garages, porches
and greenhouses.
The addition of one or more months to a use's operating season;
or the use of more footprint of a structure or ground area devoted
to a particular use.
One or more persons occupying a premise and living as a single
housekeeping unit.
The channel of a river or other watercourse and adjacent
land areas that must be reserved in order to discharge the 100-year
flood without cumulatively increasing the water surface elevation
by more than one foot in height.
The sum of the horizontal areas of the floor(s) of a structure
enclosed by exterior walls.
The entire area of ground covered by the structure(s) on
a lot, including but not limited to cantilevered or similar overhanging
extensions, as well as unenclosed structures, such as patios and decks.
Timber cruising and other forest resource evaluation activities,
pesticide or fertilizer application, management planning activities,
timber stand improvement, pruning, regeneration of forest stands,
and other similar or associated activities, exclusive of timber harvesting
and the construction, creation or maintenance of roads.
A contiguous group of trees sufficiently uniform in age class
distribution, composition, and structure, and growing on a site of
sufficiently uniform quality, to be a distinguishable unit.
A freshwater wetland dominated by woody vegetation that is
six meters tall (approximately 20 feet) or taller.
The supporting substructure of a building or other structure,
excluding wooden sills and post supports, but including basements,
slabs, frostwalls, or other base consisting of concrete, block, brick
or similar material.
Freshwater swamps, marshes, bogs and similar areas, other
than forested wetlands, which are: (1) of 10 or more contiguous acres;
or of less than 10 contiguous acres and adjacent to a surface water
body, excluding any river, stream or brook, such that in a natural
state, the combined surface area is in excess of 10 acres; and (2)
inundated or saturated by surface or groundwater at a frequency and
for a duration sufficient to support, and which under normal circumstances
do support, a prevalence of wetland vegetation typically adapted for
life in saturated soils. Freshwater wetlands may contain small stream
channels or inclusions of land that do not conform to the criteria
of this definition.
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 can not be located away from these
waters. The uses include, but are not limited to, commercial and recreational
fishing and boating facilities, finfish and shellfish processing,
fish-related storage and retail and wholesale fish marketing facilities,
waterfront dock and port facilities, shipyards and boat building facilities,
marinas, navigation aids, basins and channels, shoreline structures
necessary for erosion control purposes, industrial uses dependent
upon water-borne transportation or requiring large volumes of cooling
or processing water that can not reasonably be located or operated
at an inland site, and uses that primarily provide general public
access to coastal or inland waters. Recreational boat storage buildings
are not considered to be a functionally water-dependent use.
Any inland body of water which in a natural state has a surface
area in excess of 10 acres, and any inland body of water artificially
formed or increased which has a surface area in excess of 30 acres
except for the purposes of this chapter, where the artificially formed
or increased inland body of water is completely surrounded by land
held by a single owner.
Any great pond classified GPA, pursuant to 38 M.R.S.A Article
4-A § 465-A. This classification includes some, but not
all impoundments of rivers that are defined as great ponds.
Small plants, fallen leaves, needles and twigs, and the partially
decayed organic matter of the forest floor.
The area where timber harvesting and related activities,
including the cutting of trees, skidding, yarding, and associated
road construction take place. The area affected by a harvest encompasses
the area within the outer boundaries of these activities, excepting
unharvested areas greater than 10 acres within the area affected by
a harvest.
A tree with a structural defect, combination of defects,
or disease resulting in a structural defect that under the normal
range of environmental conditions at the site exhibits a high probability
of failure and loss of a major structural component of the tree in
a manner that will strike a target. A normal range of environmental
conditions does not include meteorological anomalies, such as, but
not limited to: hurricanes; hurricane-force winds; tornados; microbursts;
or significant ice storm events. Hazard trees also include those trees
that pose a serious and imminent risk to bank stability. A target
is the area where personal injury or property damage could occur if
the tree or a portion of the tree fails. Targets include roads, driveways,
parking areas, structures, campsites, and any other developed area
where people frequently gather and linger.
The vertical distance between the mean original (prior to
construction) grade at the downhill side of the structure and the
highest point of the structure, excluding chimneys, steeples, antennas,
and similar appurtenances that have no floor area.
An occupation or profession which is customarily conducted
on or in a residential structure or property and which is (1) clearly
incidental to and compatible with the residential use of the property
and surrounding residential uses; and (2) which employs no more than
two persons other than family members residing in the home.
Any change in a structure or property which causes further
deviation from the dimensional standard(s) creating the nonconformity
such as, but not limited to, reduction in water body, tributary stream
or wetland setback distance, increase in lot coverage, or increase
in height of a structure. Property changes or structure expansions
which either meet the dimensional standard or which cause no further
increase in the linear extent of nonconformance of the existing structure
shall not be considered to increase nonconformity. For example, there
is no increase in nonconformity with the setback requirement for water
bodies, wetlands, or tributary streams if the expansion extends no
further into the required setback area than does any portion of the
existing nonconforming structure. Hence, a structure may be expanded
laterally provided that the expansion extends no closer to the water
body, tributary stream, or wetland than the closest portion of the
existing structure from that water body, tributary stream, or wetland.
Included in this allowance are expansions which in-fill irregularly
shaped structures.
An area of land which is not associated with a campground,
but which is developed for repeated camping by only one group not
to exceed 10 individuals and which involves site improvements which
may include but not be limited to a gravel pad, parking area, fire
place, or tent platform.
The assembling, fabrication, finishing, manufacturing, packaging
or processing of goods, or the extraction of minerals.
A nonprofit or quasi-public use, or institution such as a
church, library, public or private school, hospital, or municipally
owned or operated building, structure or land used for public purposes.
A route or track consisting of a bed of exposed mineral soil,
gravel, or other surfacing materials constructed for, or created by,
the passage of motorized vehicles and used primarily for timber harvesting
and related activities, including associated log yards, but not including
skid trails or skid roads.
A forester licensed under 32 M.R.S.A Chapter 76.
The area of land enclosed within the boundary lines of a
lot, minus land below the normal high-water line of a water body or
upland edge of a wetland and areas beneath roads serving more than
two lots.
A business establishment having frontage on navigable water
and, as its principal use, providing for hire offshore moorings or
docking facilities for boats, and which may also provide accessory
services such as boat and related sales, boat repair and construction,
indoor and outdoor storage of boats and marine equipment, bait and
tackle shops and marine fuel service facilities.
The estimated price a property will bring in the open market
and under prevailing market conditions in a sale between a willing
seller and a willing buyer, both conversant with the property and
with prevailing general price levels.
Hand sampling, test boring, or other methods of determining
the nature or extent of mineral resources which create minimal disturbance
to the land and which include reasonable measures to restore the land
to its original condition.
Any operation within any twelve-month period which removes
more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay,
rock, peat, or other like material from its natural location and to
transport the product removed, away from the extraction site.
The closest distance between the side lot lines of a lot.
When only two lot lines extend into the shoreland zone, both lot lines
shall be considered to be side lot lines.
A residential structure containing three or more residential
dwelling units.
Indigenous to the local forests.
Species of vegetation listed by the Maine Department of Agriculture,
Conservation and Forestry as being invasive in Maine ecosystems and
not native to Maine ecosystems.
Nonconforming lot, structure or use which is allowed solely
because it was in lawful existence at the time this chapter or subsequent
amendment took effect.
A single lot of record which, at the effective date of adoption
or amendment of this chapter, does not meet the area, frontage, or
width requirements of the district in which it is located.
A structure which does not meet any one or more of the following
dimensional requirements; setback, height, lot coverage or footprint,
but which is allowed solely because it was in lawful existence at
the time this chapter or subsequent amendments took effect.
Use of buildings, structures, premises, land or parts thereof
which is not allowed in the district in which it is situated, but
which is allowed to remain solely because it was in lawful existence
at the time this chapter or subsequent amendments took effect.
That line which is apparent from visible markings, changes
in the character of soils due to prolonged action of the water or
changes in vegetation, and which distinguishes between predominantly
aquatic and predominantly terrestrial land. Areas contiguous with
rivers and great ponds that support non-forested wetland vegetation
and hydric soils and that are at the same or lower elevation as the
water level of the river or great pond during the period of normal
high-water are considered part of the river or great pond. Adjacent
to tidal waters, setbacks are measured from the upland edge of the
coastal wetland.
Any perennial or intermittent stream, as shown on the most
recent highest resolution version of the national hydrography dataset
available from the United States Geological Survey on the website
of the United States Geological Survey or the national map, that flows
from a freshwater wetland.
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest, or other legal entity.
Extending over or beyond the normal high-water line or within
a wetland.
A structure other than one which is used for purposes wholly
incidental or accessory to the use of another structure or use on
the same lot.
A use other than one which is wholly incidental or accessory
to another use on the same lot.
Any facility, including, but not limited to, buildings, property,
recreation areas, and roads, which are owned, leased, or otherwise
operated, or funded by a governmental body or public entity.
The following soil series as described and identified by
the National Cooperative Soil Survey: Fryeburg, Hadley, Limerick,
Lovewell, Medomak, Ondawa, Alluvial Cornish, Charles, Podunk, Rumney,
Saco, Suncook, Sunday, and Winooski.
A place designed and equipped for the conduct of sports,
leisure time activities, and other customary and usual recreational
activities, excluding boat launching facilities.
A vehicle or an attachment to a vehicle designed to be towed,
and designed for temporary sleeping or living quarters for one or
more persons, and which may include a pick-up camper, travel trailer,
tent trailer, camp trailer, and motor home. In order to be considered
as a vehicle and not as a structure, the unit must remain with its
tires on the ground, and must be registered with the State Division
of Motor Vehicles.
A system intended to replace: (1) an existing system which
is either malfunctioning or being upgraded with no significant change
of design flow or use of the structure, or (2) any existing overboard
wastewater discharge.
A room or group of rooms designed and equipped exclusively
for use as permanent, seasonal, or temporary living quarters for only
one family at a time, and containing cooking, sleeping and toilet
facilities. The term shall include mobile homes and rental units that
contain cooking, sleeping, and toilet facilities regardless of the
time-period rented. Recreational vehicles are not residential dwelling
units.
The average of the basal area of trees remaining on a harvested
site.
A stand of trees remaining in the forest following timber
harvesting and related activities.
Rocks, irregularly shaped, and at least six inches in diameter,
used for erosion control and soil stabilization, typically used on
ground slopes of two units horizontal to one unit vertical or less.
A free-flowing body of water including its associated floodplain
wetlands from that point at which it provides drainage for a watershed
of 25 square miles to its mouth. The portion of a river that is subject
to tidal action is a coastal wetland.
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt, or other surfacing material constructed for or created
by the repeated passage of motorized vehicles, excluding a driveway
as defined.
Areas of coastal wetland (most often along coastal bays)
that support salt tolerant species, and where at average high tide
during the growing season, the soil is irregularly inundated by tidal
waters. The predominant species is saltmarsh cordgrass (Spartina alterniflora).
More open areas often support widgeon grass, eelgrass, and Sago pondweed.
Areas of a coastal wetland that support salt tolerant plant
species bordering the landward side of salt marshes or open coastal
water, where the soil is saturated during the growing season but which
is rarely inundated by tidal water. Indigenous plant species include
salt meadow cordgrass (Spartina patens) and black rush; common three-square
occurs in fresher areas.
A tree species that is less than two inches in diameter at
4.5 feet above ground level.
A young tree species that is less than 4.5 feet in height
above ground level.
Any utility line extension which does not cross or run beneath
any portion of a water body provided that:
The nearest horizontal distance from the normal high-water
line of a water body or tributary stream, or upland edge of a wetland,
to the nearest part of a structure, road, parking space or other regulated
object or area.
The length of a lot bordering on a water body or wetland
measured in a straight line between the intersections of the lot lines
with the shoreline.
The land area located within 250 feet, horizontal distance,
of the normal high-water line of any great pond or river; within 250
feet, horizontal distance, of the upland edge of a coastal wetland,
including all areas affected by tidal action; within 250 feet of the
upland edge of a freshwater wetland; or within 75 feet, horizontal
distance, of the normal high-water line of a stream.
The normal high-water line, or upland edge of a freshwater
or coastal wetland.
See Appendix A or 38 M.R.S.A § 437.
A route repeatedly used by forwarding machinery or animal
to haul or drag forest products from the stump to the yard or landing,
the construction of which requires minimal excavation.
The residue, e.g., treetops and branches, left on the ground
after a timber harvest.
A tree that has been uprooted, blown down, is lying on the
ground, or that remains standing and is damaged beyond the point of
recovery as the result of a storm event.
A free-flowing body of water from the outlet of a great pond
or the confluence of two perennial streams as depicted on the most
recent, highest resolution version of the national hydrography dataset
available from the United States Geological Survey on the website
of the United States Geological Survey or the national map to the
point where the stream becomes a river or where the stream meets the
shoreland zone of another water body or wetland. When a stream meets
the shoreland zone of a water body or wetland and a channel forms
downstream of the water body or wetland as an outlet, that channel
is also a stream.
In the shoreland zone, "structure" means anything temporarily
or permanently located, built, constructed or erected for the support,
shelter or enclosure of persons, animals, goods or property of any
kind or anything constructed or erected on or in the ground. The term
includes structures temporarily or permanently located, such as decks,
patios, and satellite dishes. Structure does not include fences; poles
and wiring and other aerial equipment normally associated with service
drops, including guy wires and guy anchors; subsurface wastewater
disposal systems as defined in Title 30-A, Section 4201, Subsection
5; geothermal heat exchange wells as defined in Title 32, Section
4700-E, Subsection 3-C; or wells or water wells as defined in Title
32, Section 4700-E, Subsection 8.
Completion of 30% of a permitted structure or use measured
as a percentage of estimated total cost.
Any system designed to dispose of waste or wastewater on
or beneath the surface of the earth; includes, but is not limited
to: septic tanks; disposal fields; grandfathered cesspools; holding
tanks; pretreatment filter, piping, or any other fixture, mechanism,
or apparatus used for those purposes; does not include any discharge
system licensed under 38 M.R.S.A § 414, any surface wastewater
disposal system, or any municipal or quasi-municipal sewer or wastewater
treatment system.
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
A structure that is placed on or in the water or shore for
a period no greater than seven months in any period of 12 consecutive
months. These structures include, but are not limited to, docks, floats,
or ramps.
All waters affected by tidal action during the highest annual
tide.
The cutting and removal of timber for the primary purpose of selling or processing forest products. "Timber harvesting" does not include the cutting or removal of vegetation within the shoreland zone when associated with any other land use activities. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 230-810, Clearing or removal of vegetation for activities other than timber harvesting.
Timber harvesting, the construction and maintenance of roads
used primarily for timber harvesting and other activities conducted
to facilitate timber harvesting.
A woody perennial plant with a well-defined trunk(s) at least
two inches in diameter at 4.5 feet above the ground, with a more or
less definite crown, and reaching a height of at least 10 feet at
maturity.
A channel between defined banks created by the action of
surface water, which is characterized by the lack of terrestrial vegetation
or by the presence of a bed, devoid of topsoil, containing waterborne
deposits or exposed soil, parent material or bedrock; and which is
connected hydrologically with other water bodies. "Tributary stream"
does not include rills or gullies forming because of accelerated erosion
in disturbed soils where the natural vegetation cover has been removed
by human activity. This definition does not include the term "stream"
as defined elsewhere in this chapter, and only applies to that portion
of the tributary stream located within the shoreland zone of the receiving
water body or wetland. Water setback requirements apply to tributary
streams within the shoreland zone. This term is used solely in the
shoreland zone.
The boundary between upland and wetland. For purposes of
a coastal wetland, this boundary is the line formed by the landward
limits of the salt tolerant vegetation and/or the highest annual tide
level, including all areas affected by tidal action. For purposes
of a freshwater wetland, the upland edge is formed where the soils
are not saturated for a duration sufficient to support wetland vegetation;
or where the soils support the growth of wetland vegetation, but such
vegetation is dominated by woody stems that are six meters (approximately
20 feet) tall or taller.
All live trees, shrubs, and other plants including without
limitation, trees both over and under four inches in diameter, measured
at 4 1/2 feet above ground level.
An area of special flood hazard extending from offshore to
the inland limit of the primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources.
The volume of all portions of a structure enclosed by roof
and fixed exterior walls as measured from the exterior faces of these
walls and roof.
Any great pond, river or stream.
Any project extending from one bank to the opposite bank
of a river, stream, tributary stream, or wetland whether under, though,
or over the water or wetland. Such projects include but may not be
limited to roads, fords, bridges, culverts, water lines, sewer lines,
and cables as well as maintenance work on these crossings. This definition
includes crossings for timber harvesting equipment and related activities.
A freshwater or coastal wetland.
The ability of a forest stand to withstand strong winds and
resist windthrow, wind rocking, and major breakage.
Live trees or woody, nonherbaceous shrubs.
