Related Shoreland Zoning Information

Contact: Rich Baker 207-287-7730

The Department updated its Guidelines for municipal shoreland zoning ordinances on May 1, 2006. Municipalities must update their municipal ordinances to be consistent with the DEP's Guidelines by July 1, 2008.

Since 1990 one of the criteria for zoning an area for Resource Protection has been “Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, and wetlands associated with great ponds and rivers, which are rated “moderate” or “high" value by the Maine Department of Inland Fisheries and Wildlife as of January 1, 1973.” The amended Guidelines no longer consider the 1973 ratings for freshwater wetlands and wetlands associated with great ponds and rivers. Instead the updated Guidelines now use the ratings of those areas as assigned by the Department of Inland Fisheries and Wildlife, as of May 1, 2006.

When using using IF&W's ratings/maps, towns need to be aware of the following:

Towns are not expected to zone entire great ponds as Resource Protection, although the map may currently indicate that it is moderate/high value. It is only expected that the area within 250 feet of the wetlands associated with the great pond will be Resource Protection. See Public Laws, Ch. 290(9) for this limitation on high or moderate value waterfowl or wading bird habitat
Areas that the Department has already accepted as Stream Protection Districts, with a 75 foot zone, do not now have to be rezoned as a 250 foot Resource Protection District, even if shown as a moderate or high value waterfowl or wading bird habitat. If the wetland was narrow enough along the stream that the department didn't consider it a zonable wetland, the IF&W mapping will not change this.
Lastly, towns are not expected to place developed areas in the Resource Protection district. It can be zoned in accordance with the current development pattern.

Bird habitat

Related Shoreland Zoning Information