[3-7-2023(1)]
(a) 
(Reserved)
(b) 
Size of vegetation buffer strips for Shoreland Districts.
(1) 
In the Resource Protection, Limited Residential, and Stream Protection Districts, except to allow for the development of permitted uses, within a strip of land extending 75 feet, horizontal distance, from any regulated water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved that complies with standards identified in Subsection (c).
Notwithstanding the above standard, in the areas of the Resource Protection and Limited Residential Districts that abut Upper Mason Pond (a great pond) or the section of the Goose River (from Belfast/Swanville municipal boundary to the Pond) that flows into Upper Mason Pond, there shall be no cutting of vegetation within the strip of land extending 100 feet, horizontal distance, inland from the normal high-water line, except to remove safety hazards trees as described in Section 82-398.
(2) 
In the Urban Residential, General Development, Stream Development, and Manufactured Housing Community Districts, except to allow for the development of permitted uses, within a strip of land extending 25 feet, horizontal distance, from any regulated water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved in compliance with standards identified in Subsection (c).
(3) 
In the Waterfront Development District, there is no requirement for a vegetative buffer strip located adjacent to the high annual tide for the Passagassawakeag River or the upland edge of a wetland. The Waterfront Development District allows 100 percent lot coverage.
(c) 
General standards for vegetated buffer strips.
(1) 
Cleared openings and footpath standards. There shall be no cleared opening greater than 250 square feet in the forest canopy as measured from the outer limits of the tree crown. However, a footpath not to exceed 10 feet in width as measured between tree trunks is permitted, provided that a cleared line of sight to the water through the buffer strip is not created. In an area that is zoned Resource Protection or Limited Residential near Upper Mason Pond or the section of the Goose River that flows into this Pond, the width of the footpath shall be limited to 6 feet.
(2) 
Selective cutting standards.
a. 
The selective cutting of trees within a required buffer strip is permitted provided that a "well-distributed stand of trees" and other vegetation is maintained. For the purposes of this Subsection, a "well-distributed stand of trees" and other vegetation shall comply with the standards identified in Subsection (c)(2)a.1, 2 and 3 below, as such is determined by the rating system identified in Subsection (c)(2)a.4, below:
1. 
In areas of the Resource Protection and Limited Residential District located adjacent to Upper Mason Pond and the section of the Goose River that flows into this Pond (a great pond), a "well-distributed stand of trees" and other natural vegetation shall be defined as maintaining a rating score of 24 or more in each 25 by 50 foot square rectangular area (1,250 square feet).
2. 
For other regulated water bodies, tributary streams, and wetlands, in the Resource Protection, Limited Residential, and Stream Protection districts, a "well-distributed stand of trees" and other natural vegetation is defined as maintaining a minimum rating score of 16 per each 25 by 50 foot square rectangular area (1,250 square feet).
3. 
For regulated water bodies, tributary streams, and wetlands in the General Development, Urban Residential, Stream Development, and Manufactured Housing Community districts, a "well-distributed stand of trees" and other natural vegetation is defined as maintaining a minimum rating score of 12 per each 25 by 50 square foot rectangular area (1,250 square feet).
4. 
The following rating system shall be used to determine what constitutes a "well-distributed stand of trees" and other vegetation.
Diameter of Tree at 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
Over 12
8
As an example of how to apply the above rating system, adjacent to a regulated water body, if a 25-foot by 50-foot plot contains 4 trees between 2 and 4 inches in diameter, 2 trees between 4 and 8 inches in diameter, 3 trees between 8 and 12 inches in diameter, and 2 trees over 12 inches in diameter, the rating score is:
(4 x 1) + (2 x 2) + (3 x 4) + (2 x 8) = 36 points
Thus, the 25-foot by 50-foot plot contains trees worth 36 points. Trees totaling 12 points (36 - 24 = 12) may be removed from the plot, provided that no cleared openings are created.
b. 
Standards that govern how to apply the point system identified in Subsection (c)(2)a.4 above:
1. 
The 25-foot by 50-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;
2. 
Each successive plot must be adjacent to, but not overlap, a previous plot;
3. 
Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this Chapter;
4. 
Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this Chapter; and
5. 
Where conditions permit, no more than 50 percent of the points on any 25-foot by 50-foot rectangular area may consist of trees greater than 12 inches in diameter.
c. 
Other Natural Vegetation. For the purposes of the selective cutting standards identified in this Section, "other natural vegetation" is defined as retaining existing vegetation under 3 feet in height and other ground cover and retaining at least 5 saplings less than 2 inches in diameter at 4.5 feet above ground level for each 25-foot by 50-foot rectangular area. If 5 saplings do not exist, no woody stems less than 2 inches in diameter can be removed until 5 saplings have been recruited into the plot.
d. 
Notwithstanding the provisions of this Section, no more than 40 percent of the total volume of trees 4 inches or more in diameter measured at 4.5 feet above ground level may be removed in any 10-year period.
e. 
Removal of low vegetation and ground cover. In order to protect water quality and wildlife habitat, adjacent to Upper Mason Pond (a great pond) and the section of the Goose River that flows into this Pond, existing vegetation under three feet in height and other ground cover shall not be removed, except to provide for a footpath or other permitted uses as described in Subsection (c)(1) of this Section.
f. 
Pruning of tree branches. Pruning of tree branches on the bottom one-third of the tree is permitted.
g. 
Replacement of trees. In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe, or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species in accordance with Section 82-398 below, unless existing new tree growth is present.
h. 
In order to maintain the vegetation in the shoreline buffer area, the clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with the requirements of Section 82-397.
(3) 
Tree removal outside buffer strip. At distances greater than 100 feet, horizontal distance, from Upper Mason Pond and 75 feet, horizontal distance, from the normal high-water line of any regulated water body, tributary stream, or the upland edge of a wetland, except to allow for the development of permitted uses, there shall be permitted on any lot, in any 10-year period, selective cutting of not more than 40 percent of the volume of trees 4 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 percent calculation. For the purposes of this subsection, volume may be considered to be equivalent to basal area.
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 percent of the lot area or 10,000 square feet, whichever is greater, including land previously developed. This provision shall not apply to the General Development, Stream Development, Manufactured Housing Community, or Waterfront Development districts.
(4) 
Existing cleared openings. Cleared openings within the Shoreland Zone legally in existence on September 1, 1990, the effective date of the Ordinance from which this Chapter is derived, may be maintained, but shall not be enlarged, except as permitted by this Chapter.
(5) 
Open fields. Fields which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this Section 82-397.
[3-7-2023(1)]
(a) 
Hazard trees in the shoreland zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:
(1) 
Within the shoreline buffer, if the removal of a hazard tree results in a cleared opening in the tree canopy greater than 250 square feet, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least 2 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 4 feet in height, and be no less than 2 inches in diameter. Stumps may not be removed.
(2) 
Outside of the shoreline buffer, when the removal of hazard trees exceeds 40 percent of the volume of trees 4 inches or more in diameter, measured at 4.5 feet above ground level in any 10-year period, and/or results in cleared openings exceeding 25 percent 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 2 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 2 inches in diameter, measured at 4.5 feet above the ground level.
(3) 
The removal of standing dead trees, resulting from natural causes, is permissible without the need for replanting or a permit, as long as the removal does not result in the creation of new lawn areas, or other permanently cleared areas, and stumps are not removed. For the purposes of this provision, dead trees are those trees that contain no foliage during the growing season.
(4) 
The Code Enforcement Officer may require the property owner to submit an evaluation from a licensed forester or arborist before any hazard tree can be removed within the shoreland zone.
(5) 
The Code Enforcement Officer may require more than a one-for-one replacement for hazard trees removed that exceed 8 inches in diameter measured at 4.5 feet above the ground level.
(b) 
Storm-damaged trees in the shoreland zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:
(1) 
Within the shoreline buffer, when the removal of storm-damaged trees results in a cleared opening in the tree canopy greater than 250 square feet, replanting is not required, but the area shall be required to naturally revegetate, and the following requirements must be met:
a. 
The area from which a storm-damaged tree is removed does not result in new lawn areas, or other permanently cleared areas;
b. 
Stumps from the storm-damaged trees may not be removed;
c. 
Limbs damaged from a storm event may be pruned even if they extend beyond the bottom 1/3 of the tree; and
d. 
If after one growing season, no natural regeneration or regrowth is present, replanting of native tree seedlings or saplings is required at a density of one seedling per every 80 square feet of lost canopy.
(2) 
Outside of the shoreline buffer, if the removal of storm-damaged trees exceeds 40 percent of the volume of trees 4 inches or more in diameter, measured at 4.5 feet above the ground level in any 10-year period, or results, in the aggregate, in cleared openings exceeding 25 percent 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.
[3-7-2023(1)]
The following activities are exempt from the clearing and vegetation removal standards set forth in Section 82-397, provided that all other applicable requirements of this Chapter are complied with, and the removal of vegetation is limited to that which is necessary:
(1) 
The removal of vegetation that occurs at least once every 2 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 2 years, reverts back to primarily woody vegetation, the requirements of Section 82-397 shall apply.
(2) 
The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements identified in the Division 3.25 Dimensional Table are not applicable.
(3) 
The removal of vegetation from the location of public swimming areas associated with an allowed public recreational facility.
(4) 
The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of Division 12 of this Article are complied with.
(5) 
The removal of vegetation associated with brownfields or Voluntary Response Action Program (VRAP) projects, provided that the removal of vegetation is necessary for remediation activities to clean up contamination on a site in a General Development, Stream Development, Manufactured Housing Community, or other equivalent shoreland zoning district approved by the Commissioner (DEP) that is part of a State or Federal brownfields program or a Voluntary Response Action Program pursuant 38 M.R.S.A § 343-E (as such may be amended), and that is located along:
a. 
A coastal wetland; or
b. 
A river that does not flow to a great pond classified as GPA pursuant to 38 M.R.S.A § 465-A.
(6) 
The removal of non-native invasive vegetation species, provided the following minimum requirements are met:
a. 
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;
b. 
Removal of vegetation 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 the removal of non-native invasive species vegetation, the area shall be revegetated with native species to achieve compliance.
[Note: An updated list of non-native 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]
(7) 
The removal of vegetation associated with emergency response activities conducted by the State Department of Environmental Protection, the U.S. Environmental Protection Agency, the U.S. Coast Guard, and their agents.
[3-7-2023(1)]
When revegetation is required in response to violations of the vegetation standards set forth in Section 82-397, to address the removal of non-native 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 revegation 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 pre-existing vegetation, except where a shoreline stabilization activity does not allow revegetation to occur in the same area and at a density comparable to the pre-existing 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 shall 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 3 trees or saplings are planted, then at least 3 different species shall be used;
d. 
No one species shall make up 50 percent 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 percent of planted trees or saplings is required for a minimum 5-year period.
(5) 
Revegetation activities must meet the following requirements for woody vegetation and other vegetation under 3 feet in height:
a. 
All woody vegetation and vegetation under 3 feet in height must be replaced with native noninvasive species of woody vegetation and vegetation under 3 feet in height as applicable;
b. 
Woody vegetation and vegetation under 3 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 3 woody vegetation plants are to be planted, then at least 3 different species shall be planted;
d. 
No one species shall make up 50 percent or more of the number of planted woody vegetation plants; and
e. 
Survival of planted woody vegetation and vegetation under 3 feet in height must be sufficient to remain in compliance with the standards contained within this Chapter for minimum of 5 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 4-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 minimum of 5 years.