A. 
The Shoreland Zone includes all land areas within 250 feet of the normal high-water mark of any great pond; defined pond; or lake, river, or upland edge of a freshwater wetland and within 75 feet of the normal high-water mark of a stream; or tributary stream and shall include any structure built on, over, or abutting a dock, wharf, pier or other structure extending beyond the normal high-water mark, including floats. Shoreland zoning under this chapter is pursuant to 30-A M.R.S.A.§ 3001 and 38 M.R.S.A. § 435 et seq. The intent of this shoreland zoning article is to maintain safe and healthy conditions; to prevent and control water pollution; to preserve and enhance water quality; to protect spawning grounds, fish, aquatic life, bird and other wildlife habitat; to control building site placement of structures and land uses; to preserve and enhance the aesthetics of water bodies and views therefrom; to protect shoreland areas from erosion; to avoid problems associated with floodplain development and use; and to conserve and sustain shore cover's natural beauty and points of access (both visual and actual) to water bodies.
B. 
The Shoreland Zone shall be a zone of year-round and seasonal residences and certain qualifying uses. All land use activities within this zone shall conform to the following provisions of §§ 60-21 to 60-34 below.
A. 
Lots abutting any great pond, defined pond or lake, stream, tributary stream, river, or upland edge of a wetland shall meet the following minimum standards:
(1) 
Shore frontage and width: 250 feet.
(2) 
Depth: 200 feet.
(3) 
Area: two acres.
B. 
Density. There shall be no more than one residence of one dwelling unit per minimum lot. Uses permitted as a conditional use shall require at least a minimum lot.
A. 
Setback.
(1) 
New structures and additions to existing structures shall meet the following minimum setbacks:
(a) 
Normal high-water mark: 100 feet.
(b) 
Side: 30 feet.
(c) 
Right-of-way line of streets and roads: 30 feet.
(d) 
Rear: 15 feet.
(e) 
Upland edge of a freshwater wetland, stream or tributary stream: 75 feet.
(2) 
Setback. Fences shall meet the minimum setbacks listed in § 60-19, Lot size, setback and spacing requirements for all zones.
(3) 
If more than one applies to the same setback, the larger setback controls.
B. 
Height. No new principal structure or additions to existing principal structures shall be higher at the roof peak than 30 feet above the highest point in the natural grade at the perimeter of the building or addition. Accessory structures by the same measure shall be no more than 22 feet.
[Amended 6-10-2026]
Refer to the Land Use Table (§ 60-17), R-4 column, for a list of permitted uses in the Shoreland Zone. Additional clarifications and requirements regarding these uses are set forth in the following sections.
[Amended 6-10-2026]
The following uses are prohibited in the Shoreland Zone:
A. 
Installation of underground petroleum storage tanks.
B. 
Housing, corralling or grazing of livestock.
C. 
Removal of sand or gravel from natural beaches.
D. 
Earth cuts, fills, grading, lagooning, dredging or altering existing patterns of natural water flow which would result in erosion or in detriment to water bodies by reason of erosion, sedimentation, impairment of water quality or of fish and aquatic life.
E. 
Commercial uses, which uses include rental of docking facilities, rental of launching facilities, or rental of shoreland access except to an owner's residential lessee, except such uses that are provided for by conditional use.
F. 
Any commercial or home occupation use as follows:
(1) 
Auto washing facilities.
(2) 
Vehicle service and/or repair facilities.
(3) 
Chemical and bacteriological laboratories.
(4) 
Storage of chemicals, including pesticides or fertilizers, other than amounts normally associated with individual households or farms.
(5) 
Commercial painting, wood preserving, and furniture stripping.
(6) 
Dry-cleaning establishments.
(7) 
Electronic circuit assembly.
(8) 
Laundromats.
(9) 
Metal plating, finishing, or polishing.
(10) 
Photographic processing.
(11) 
Printing.
(12) 
Beauty parlors.
(13) 
Any use which involves a hazardous activity as defined by 38 M.R.S.A. § 487-A.
[Amended 6-11-2025; 6-10-2026]
A. 
Piers, docks, floats, and similar installations are permitted, provided that:
(1) 
Each must be capable of easy disconnection and seasonal removal.
(2) 
Each shall be no larger in dimension than that consistent with the servicing of watercraft in number and size customarily associated with single-family residential use or swimming float facilities customarily associated with such use. Said piers and docks shall not extend further than 40 feet from the shoreline and shall not consist of more than two slips. Unattached swimming floats shall be no more than 100 feet from the shoreline.
(3) 
They shall be located so as not to interfere with navigation, navigational aids, beach areas, or other permitted uses.
(4) 
They shall not interfere with fish habitats.
(5) 
Their installation is not across wetlands, marshes, bogs, or swamps.
(6) 
There shall be no more than one pier or dock per 250 feet of shore frontage or fraction thereof on existing lots less than 250 feet and no more than one unattached float per lot.
B. 
Timber harvesting and related activities. The Maine Forest Service, Bureau of Forestry Rules, Chapter 21, Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas, and any amendments thereto by the state from time to time,[1] are hereby adopted to govern timber harvesting and related activities in the Shoreland Zone in the Town of Wayne and are incorporated herein by reference. Copies of the Statewide Standards are available at the Town office and on the Maine Forest Service website. The Maine Forest Service is responsible for the monitoring and enforcement of the Chapter 21 Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas.
[1]
Editor's Note: See 01-669 CMR Ch. 21.
C. 
Clearing or removal of vegetation other than timber harvesting and related activities.
(1) 
If within the buffer strip (defined as follows) adjacent to the normal high-water mark. The "buffer strip" is a strip of land extending 100 feet, horizontal distance, inland from the normal high-water mark of a great pond, defined pond or lake, defined stream, tributary stream, river, or upland edge of a fresh water wetland and shall be preserved as follows:
(a) 
There shall be no cleared opening in the forest canopy as measured from the outer limits of the tree crown. However, a footpath not to exceed six feet in width as measured between tree trunks is permitted per shorefront lot or every 250 feet of shore frontage, provided that a clear line of sight to the water through the 100-foot buffer strip is not created.
(b) 
Selective cutting of trees within the buffer strip is permitted, provided that a well-distributed stand of trees and other vegetation is maintained. However, within the shoreland area also zoned for resource protection, there shall be no clearing or removal of vegetation within the buffer strip except to remove safety hazards.
[1] 
For purposes, of this section, a "well-distributed stand of trees and other vegetation" shall be defined as maintaining a rating score of 12 or more in any twenty-five-foot by twenty-five-foot square area as determined by the following rating system:
Diameter of Tree at 4 1/2 Feet Above Ground Level
Points
2 to 4 inches
1
4 to 12 inches
2
> 12 inches
4
[2] 
Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level, may be removed in any ten-year period.
(c) 
Vegetation customarily classed as "underbrush" which is under three feet in height and other ground cover shall not be removed except to provide a footpath as described in Subsection C(1)(a) above.
(d) 
Pruning of tree branches on the bottom third of the tree is permitted.
(e) 
In order to maintain a buffer strip of vegetation where the removal of storm-damaged, diseased, dead or hazard trees results in the creation of cleared openings greater than 250 square feet in the forest canopy, these openings shall be replaced with native tree species, unless existing new tree growth is present.
(2) 
If within the remainder of the Shoreland Zone.
(a) 
Clearing for permitted buildings, structures, septic systems and associated fields, and driveways is allowed at distances greater than 100 feet, horizontal distance, from a great pond, defined pond or lake, defined stream, tributary stream, river or upland edge of a freshwater wetland. However, clearings shall not extend more than 20 feet in any direction, emanating from the perimeter of said buildings, structures, septic systems and associated fields and driveways; and shall not intrude into the 100-foot buffer strip; and shall not be within 10 feet of a side lot line. In no event shall cleared openings for development, including but not limited to principal and accessory structures, driveways, and sewage disposal areas, exceed in the aggregate 25% of the lot area or 10,000 square feet, whichever is greater, including land previously developed.
(b) 
Clearing or removal of vegetation other than as specified in Subsection C(2)(a) above is permitted with the following restrictions:
[1] 
A well-distributed stand of trees shall be maintained within the zone, and harvesting shall not create a single opening greater than 10,000 square feet in the forest canopy. Where such openings exceed 5,000 square feet, they shall be at least 100 feet apart and at least 50 feet from a side lot line. In the absence of existing new growth, reforestation shall be accomplished to reestablish the uniformity and pattern of tree growth existing at the site.
[2] 
Clearing shall not remove more than 40% of the volume of the trees four inches or more in diameter measured at 4 1/2 feet aboveground in any ten-year period.
[3] 
Road construction for the purpose of clearing or removal of vegetation under any provision of § 60-25 is not permitted. Skid trails are subject to the provisions of Subsection G, Erosion and sedimentation control requirements, following.
[4] 
Slash may be laid on the ground, but no part thereof may extend more than four feet above the ground.
[5] 
Cleared openings legally in existence on the effective date of this chapter may be maintained but shall not be enlarged and may be required to be revegetated according to the provisions of § 60-52. Fields which have reverted to primarily shrubs, trees or other woody vegetation shall be regulated under the provisions of this section.
[6] 
Replanting when in violation.
[a] 
In addition to any other penalty that may be imposed under this chapter, violators of § 60-25C(1) and (2) shall be required to restore the area in violation by the planting of trees of similar, or fast-growing and suitable, species to those removed in violation.
[b] 
Replacement trees shall be at least five feet in height. Said replanting shall be in sufficient number to meet the requirements of restoring the area in violation to its former uniformity of stand and pattern of vegetative cover and shall be according to a plan directed by a forester licensed by the State of Maine. Any fees incurred for the development of said plan shall be the responsibility of the violator. A copy of the plan shall be filed and approved by the Select Board. Additionally, areas of disturbed or exposed mineral soil with the potential of causing erosion shall be stabilized by reseeding.
D. 
Exemptions to clearing and vegetation removal requirements.
(1) 
The following activities are exempt from the clearing and vegetation removal standards set forth in § 60-25C, provided that all other applicable requirements of this chapter are complied with and the removal of vegetation is limited to that which is necessary:
(a) 
The removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as but not limited to cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. If any of these areas, due to lack of removal of vegetation every two years, reverts back to primarily woody vegetation, the requirements of § 60-25C apply;
(b) 
The removal of vegetation from the location of allowed structures or allowed uses when the shoreline setback requirements of § 60-22 are not applicable;
(c) 
The removal of vegetation from the location of public swimming areas associated with an allowed public recreational facility;
(d) 
The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized and provided all requirements of § 60-25H are complied with;
(e) 
The removal of vegetation associated with brownfields or voluntary response action program (VRAP) projects, provided that the removal of vegetation is necessary for remediation activities to clean up contamination on a site approved by the Commissioner of the Department of Environmental Protection 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 a river that does not flow to a great pond classified as GPA pursuant to 38 M.R.S.A. § 465-A;
(f) 
The removal of nonnative invasive vegetation species, provided the following minimum requirements are met:
[1] 
If removal of vegetation occurs via wheeled or tracked motorized equipment, the wheeled or tracked motorized equipment is operated and stored at least 25 feet, horizontal distance, from the shoreline, except that wheeled or tracked equipment may be operated or stored on existing structural surfaces such as pavement or gravel;
[2] 
Removal of vegetation within 25 feet, horizontal distance, from the shoreline occurs via hand tools; and
[3] 
If applicable clearing and vegetation removal standards are exceeded due to the removal of nonnative invasive species vegetation, the area shall be revegetated with native species to achieve compliance.
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/invasives.htm
(g) 
The removal of vegetation associated with emergency response activities conducted by the Department, the U.S. Environmental Protection Agency, the U.S. Coast Guard, and their agents.
E. 
Revegetation requirements. When revegetation is required in response to violations of the vegetation standards set forth in § 60-25C, 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:
(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 is to remain, and where vegetation is to 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 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.
(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, then 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 sapling 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 in height:
(a) 
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;
(b) 
Woody vegetation and vegetation under three feet in height shall be planted in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;
(c) 
If more than three woody vegetation plants are to 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 in height 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 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;
(b) 
Where necessary due to a lack of sufficient ground cover, an area must be supplemented with a minimum four-inch depth of leaf mulch and/or bark mulch to prevent erosion and provide for effective infiltration of stormwater; and
(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.
F. 
Hazard trees, storm-damaged trees, and dead tree removal.
(1) 
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:
(a) 
Within the shoreline buffer, if the removal of a hazard tree results in a cleared opening in the tree canopy greater than 250 square feet, replacement with native tree species is required unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two inches in diameter, measured at 4.5 feet above the ground level. If new growth is not present, then replacement trees shall consist of native species and be at least four feet in height and be no less than two inches in diameter. Stumps may not be removed.
(b) 
Outside of the shoreline buffer, when the removal of hazard trees exceeds 40% of the volume of trees four inches or more in diameter, measured at 4.5 feet above ground level, in any ten-year period and/or results in cleared openings exceeding 25% of the lot area within the Shoreland Zone or 10,000 square feet, whichever is greater, replacement with native tree species is required unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two inches in diameter, measured at 4.5 feet above the ground level. If new growth is not present, then replacement trees shall consist of native species and be at least two inches in diameter, measured at 4.5 feet above the ground level.
(c) 
The removal of standing dead trees, resulting from natural causes, is permissible without the need for replanting or a permit, as long as the removal does not result in the creation of new lawn areas or other permanently cleared areas and stumps are not removed. For the purposes of this provision, "dead trees" are those trees that contain no foliage during the growing season.
(d) 
The Code Enforcement Officer may require the property owner to submit an evaluation from a licensed professional forester or arborist before any hazard tree can be removed within the Shoreland Zone.
(e) 
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 ground level.
(2) 
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:
(a) 
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:
[1] 
The area from which a storm-damaged tree is removed does not result in new lawn areas or other permanently cleared areas;
[2] 
Stumps from the storm-damaged trees may not be removed;
[3] 
Limbs damaged from a storm event may be pruned even if they extend beyond the bottom 1/3 of the tree; and
[4] 
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.
(b) 
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.
G. 
Erosion and sedimentation control requirements.
(1) 
All activities which involve filling, grading, excavation or other similar activities which result in unstable soil conditions and which require a permit shall 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, provision for:
(a) 
Mulching and revegetation of disturbed soil.
(b) 
Temporary runoff control features such as hay bales, silt fencing or diversion ditches.
(c) 
Permanent stabilization structures such as retaining walls or riprap.
(2) 
In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be allowed as closely as possible.
(3) 
Erosion and sedimentation control measure 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.
(4) 
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:
(a) 
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.
(b) 
Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.
(c) 
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.
(5) 
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.
(6) 
Tree cutting and clearing of vegetation shall be conducted in such a manner and at such a time that minimal soil disturbance results. When necessary, adequate provision shall be made to prevent soil erosion and sedimentation of surface waters such as sediment basins, settling basins, filter fences, hay bales and immediate reseeding of any area that has the potential of causing erosion or sedimentation.
H. 
Agriculture involving the tillage of soil for field crop only.
(1) 
All spreading or disposal of manure shall be accomplished in conformance with the "Manure Utilization Guidelines" published by the former Maine Department of Agriculture on November 1, 2001, and the "Nutrient Management Law" (7 M.R.S.A. §§ 4201 to 4209) and any subsequent amendments. Nonconformance with the guidelines shall be a violation of this chapter.
(2) 
Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of the normal high-water mark of a great pond, lake, stream, tributary stream, or upland edge of wetland. Within five years of the effective date of this chapter, all manure storage areas within the Shoreland Zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater. Existing facilities which do not meet the setback requirement may remain but must meet the "no discharge" provision within the above five-year period.
(3) 
Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area or the spreading disposal or storage of manure within the Shoreland Zone shall require a conservation plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this chapter.
(4) 
There shall be no new tilling of soil within 100 feet, horizontal distance, of the normal high-water mark of a great pond, lake, stream, tributary stream, or upland edge of wetland. Operations in existence on the effective date of this chapter and not in conformance with this provision may be maintained.
(5) 
Where soil is tilled, such tillage will be carried out using practices which prevent runoff, establishment of watercourses, sedimentation or erosion. Soil tillage and/or establishment of farm or fire ponds shall be carried out in conformance with the provisions of a conservation plan which meets the standards of the State Department of Agriculture, Conservation and Forestry and approved by the appropriate district. The number of the plan shall be filed with the Planning Board. Nonconformance with the provisions of the plan shall constitute a violation of this chapter.
(6) 
Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the normal high-water line of a great pond classified GPA; within 75 feet, horizontal distance, of other water bodies and coastal wetlands; nor within 25 feet, horizontal distance, of tributary streams and freshwater wetlands. Livestock grazing associated with ongoing farm activities and which 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.
I. 
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-licensed professionals. Licensed persons may include Maine licensed soil scientists, Maine licensed professional engineers, Maine state-licensed geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum groundwater elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
J. 
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.
K. 
Archaeological site. Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on, the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment at least 20 days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.
L. 
Individual private campsites. Individual private campsites not associated with campgrounds are permitted, provided the following conditions are met:
(1) 
One such individual private campsite is permitted per minimum lot within the Shoreland Zone.
(2) 
Individual private campsite placement on any lots, including the area intended for a recreational vehicle or tent platform, shall meet all the setback requirements of the Shoreland Zone.
(3) 
Recreational vehicles used on an individual private campsite shall not be located on any type of permanent foundation and no structures except canopies shall be attached to the recreational vehicle.
(4) 
A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each individual private 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.
(5) 
If the camping on an individual private campsite is for more than 14 consecutive days in any four-month period, the requirements of § 60-71 must be met.
(6) 
When an individual private campsite is proposed on a lot that contains another principal use and/or structure, the lot must contain the minimum lot dimensional requirements for the principal structure and/or use, and the individual private campsite separately.
M. 
Home occupations, provided that parking requirements of § 60-9B are met.
[Amended 6-11-2025; 6-10-2026]
The following shall be conditional uses in the Shoreland Zone:
A. 
Marinas, provided that:
(1) 
Minimum lot size shall be four acres, to which minimum lot size shall be added the square footage of the parking area required.
(2) 
Minimum shore frontage shall be 500 feet.
(3) 
Petroleum products to be delivered to the user from piers, docks, or within 250 feet of normal high water shall be piped aboveground using noncorrosive materials from storage tanks outside the 250-foot zone. Delivery nozzles on hoses shall be unable to be locked in the "on" position.
(4) 
Installation of petroleum tanks serving the facility shall be aboveground and of a noncorrosive material.
(5) 
Storage buildings, sale, and/or service buildings shall be set back a minimum of 150 feet from normal high water and seven feet from side lot lines and shall be screened by natural vegetation so as not to be visible from the water or from abutting properties.
(6) 
Parking lots shall be set back a minimum of 200 feet from normal high water and 75 feet from side lot lines and shall be screened by natural vegetation so as not to be visible from the water, abutting properties, or roads and streets. Runoff from said areas will be controlled and dispersed so as to be absorbed by the ground and not flow directly into a water body.
(7) 
One parking space shall be provided for each mooring slip and each dock, plus one space per 200 square feet of service and/or sales space. One parking space shall be provided for the proprietor and one for each employee. Dwelling units, if any, shall have two spaces per unit.
(8) 
Setbacks of all buildings and parking lots from streets or roads at the rear lot line, the rear lot line being the one opposite the shore frontage and not a side lot line, shall be 50 feet.
(9) 
Access roads within the lot shall be set back a minimum of 75 feet from side lot lines.
(10) 
Dredging for the purpose of accommodating docking or launching facilities shall not be allowed.
(11) 
Mechanical equipment for the launching or retrieving of watercraft shall not be installed permanently.
(12) 
Excavation or fill within 50 feet of normal high water requires a conditional use permit in accordance with Subsection D, below, of this section.
(13) 
The applicant shall be required to improve and maintain any and all access roads to the marina to the degree necessary to support the use and to secure all necessary easements from others in order to accomplish such improvement and maintenance.
B. 
Campgrounds, provided that these meet the general requirements in Article XI, § 60-75, of this chapter.
C. 
Parks and/or recreation areas (see definition), provided that:
(1) 
Adequate off-street parking is provided.
(2) 
Setbacks of parking areas, picnic area, and structure shall be 100 feet from the normal high-water mark or the upland edge of a wetland and 75 feet from side lot lines.
D. 
Excavation, earthmoving, filling, grading, and drilling within 100 feet of normal high water (see also regulations in § 60-25G), provided that:
(1) 
Such activities will not cause erosion, sedimentation, or degradation of water bodies.
(2) 
Temporary ground cover, such as mulch, will be used on disturbed or exposed areas.
(3) 
Diversion, silting basins, terraces, filter fences, staked hay bales or other methods to trap sediment shall be used as necessary.
(4) 
No fill shall be placed within 10 feet of normal high water without compaction and stabilizing with seeding or other appropriate method.
(5) 
No fill shall restrict a natural drainway, a floodway or interfere with the capacity of a floodplain.
(6) 
Sides of channels or artificial watercourses shall be constructed to prevent slumping with side slope of two units horizontal distance to one unit vertical distance or flatter, unless bulkheads or riprap are provided.
E. 
Shoreland common areas (see definition), provided that:
(1) 
Minimum lot size shall be that of the Shoreland Zone.
(2) 
There shall be no more than five lots granted access per 250 feet of shore frontage of the parcel. There shall be no more than one lot granted access per 50 feet of shore frontage over 250 feet.
(3) 
There shall be no more than one pier or dock and one swimming float per 250 feet of shore frontage, and they shall meet the requirements of § 60-25.
(4) 
There shall be no structural development with the exception of picnic tables and toilet facilities.
(5) 
There shall be no launch ramp for watercraft installed.
(6) 
There shall be one privy or other toilet facility for each sex installed on the parcel, which facility meets the Rules.
(7) 
There shall be one thirty-gallon-capacity refuse container on the site per five lots, which shall be covered and be animal-proof. All solid wastes shall be removed weekly, at the minimum, or more often if use warrants, thereby controlling litter and spillage.
(8) 
There shall be one parking space for each lot granted access, except that vehicular traffic to the common area is prohibited as a condition of granting access. Parking spaces shall be set back 20 feet from a road right-of-way, 30 feet from side lot lines, and 200 feet from the normal high-water mark.
(9) 
Camping shall be limited to two sites per minimum lot; recreational vehicles are excluded.
(10) 
There shall be a formal agreement between lot owners whose lots have been granted access for the shared maintenance of the common area.
The following standards shall apply to the construction of roads, driveways, drainage systems, culverts, and other related features:
A. 
Roads and driveways shall be set back at least 100 feet from the normal high-water mark of a great pond, lake, stream, tributary stream, or 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 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, culvert, and turnouts, placed so as to avoid sedimentation of the water body, tributary stream, or wetland.
(1) 
On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet for each 5% increase in slope above 20%.
(2) 
This subsection shall neither apply to approaches to water crossings, approaches to water bodies for use by Fire Department vehicles, nor to roads or driveways that provide access to permitted structures and facilities located nearest to the shoreline due to an operational necessity.
B. 
Existing public roads may be expanded regardless of its setback from a water body.
C. 
Road banks shall be no steeper than a slope of two horizontal to one vertical and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in § 60-25G.
D. 
Road grades shall be no greater than 10% except for short segments of less than 200 feet.
E. 
In order to prevent road surface drainage from directly entering water bodies, roads shall be designed, constructed, and maintained to empty on to an unscarified buffer strip a 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 mark of a great pond, lake, stream tributary stream, or upland edge of a wetland. Road 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.
F. 
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 in the road or ditch gains sufficient volume or head to erode the road or ditch. To accomplish this, the following shall apply:
(1) 
Ditch relief culverts, drainage dips, and associated water turnouts shall be spaced along the road at intervals no greater than indicated in the following table:
Road Grade Spacing
Percent
Feet
0 to 2
250
3 to 5
200 to 135
6 to 10
100 to 80
11 to 15
80 to 60
16 to 20
60 to 45
21+
40
(2) 
Drainage dips may be used in place of ditch-relief culverts only where the road grade is 10% or less.
(3) 
On road sections having slopes greater than 10%, ditch-relief culverts shall be placed across the road at approximately a 30° angle downslope from a line perpendicular to the center line of the road.
(4) 
Ditch-relief culverts shall be sufficiently sized and properly installed[1] in order to allow for effective function and their inlet and outlet ends shall be stabilized with appropriate materials.
[1]
Editor's Note: See also Ch. 11, Culvert Installation and Maintenance; and Ch. 34, Road Construction and Acceptance.
G. 
Ditches, culverts, bridges, dips, water turnouts, and other stormwater runoff control installations associated with roads shall be maintained on a regular basis to assure effective functioning.
Before conversion of seasonal dwelling to year-round use, a permit must be obtained from the local Plumbing Inspector. The applicant must demonstrate, to the satisfaction of the Plumbing Inspector and based upon a site evaluation by a licensed site evaluator subsequent to January 1, 1984, that the parcel will support the installation of a replacement system in the event of malfunction of the installed system.
A. 
Silt fences shall be installed between the area of construction and the water body or wetland prior to any soil disturbance and shall remain in place until the area of disturbance is stabilized by sod, seeding and mulching, or other comparable measures.
B. 
Where mulch is used, it shall be applied at a rate of a least one bale per 500 square feet (1 1/2 to two tons per acre) and shall be maintained until a catch of vegetation is established over the entire disturbed area.
C. 
Disturbed soil shall be immediately stabilized upon activity completion or if the area is not to be actively worked for more than one week.
D. 
In addition to placement of riprap, sod, erosion control blankets or mulch, additional steps shall be taken where necessary in order to prevent sedimentation of the water.
E. 
Crushed-stone runoff control trenches shall be installed on the eave sides of all structures. The trenches shall be a minimum of one foot deep and three feet wide and extend at least two feet out from the overhang of the eaves.
A. 
All new construction, development, excavation, and filling projects 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 stormwater.
B. 
Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.
The total area of all structures, parking lots, and other nonvegetated surfaces within the Shoreland Zone shall not exceed 20% of the lot square footage or a portion thereof located within the Shoreland Zone, including land area previously developed.
All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules[1] and the following:
A. 
Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions shall not extend closer than 75 feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland; and
B. 
A holding tank is not allowed for a first-time residential use in the Shoreland Zone.
[1]
Editor's Note: See 10-144 CMR Ch. 241.
[Amended 6-10-2026]
A. 
Prior to the title transfer of ownership of a lot containing a subsurface wastewater disposal (SSWD) system or a structure connected to a SSWD system, a person licensed by the state shall be hired, not at public expense and paid for by the property owner, to inspect the SSWD system. If the inspection finds that the SSWD system is malfunctioning, the system must be repaired or replaced within one year of transfer. The indications of a malfunctioning system are those specified in "system, malfunctioning" as provided in the definition section of 10-144 CMR Ch. 241, the State of Maine Subsurface Wastewater Disposal Rules (Rules).
B. 
The following are the only exceptions allowed to the requirement of this section:
(1) 
When an SSWD system has been installed, pursuant to rules adopted under 22 M.R.S.A. § 42 and 30-A M.R.S.A. § 4211, within three years prior to the date of the transfer of property title.
(2) 
When the current property owner has a written report from a person licensed by the state for an inspection of the SSWD that was performed within three years prior to the date of transfer that certifies that the system was not found to be malfunctioning and the current property owner provides the inspection results to the purchaser.
(3) 
When weather conditions preclude an inspection of the SSWD by a person licensed by the state prior to the date of transfer, the inspection must be performed within nine months of the date of transfer. If the inspection finds the system to be malfunctioning, the system must be replaced or repaired.
(4) 
When the person acquiring title to the lot containing an SSWD system or a structure connected to an SSWD certifies to the Town Code Enforcement Officer (CEO) that the system will be replaced within one installed, pursuant to 22 M.R.S.A. § 42 and 30-A M.R.S.A. § 4211, within one year from the date of transfer.
C. 
A full copy of the inspection results under Subsection A or statement of exemption under allowed exemptions is required and shall be provided to the Code Officer prior to transfer closing. If the person licensed by the state determines that an SSWD system is malfunctioning, then a structure connected to the SSWD system shall not be occupied until the system has been brought into conformance with the Rules.
D. 
The present title holder may not transfer, sell or offer to transfer or sell any lot containing an SSWD system or structure connected to the SSWD system without advising the prospective new title holder of the requirements of this article.
E. 
Noncompliance of this section will result in an assessed penalty on a per-day basis to the prior or new title holder as provided under § 60-10 of this chapter and 30-A M.R.S.A. § 4452. Assessment of penalties does not release the prior or new title holder from the requirements of this section.
F. 
In this section, the term "transfer" shall include the following: any transfer of ownership whether by sale, gift, or devise; transfer to an entity; and inheritance, including transfers to a trust for which the current owner is the beneficiary.
Tiny homes shall be permitted to be placed or erected on an individual house lot where single-family dwellings are allowed or as an accessory structure, subject to all applicable Wayne land use requirements.