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Summary of Amendments to the
State of
May 2006
1. Added Appendix B to provide a list of Significant River Segments.
2. In several places we have added “Notes” to clarify that coastal wetlands are not just salt marshes and meadows, and that setbacks are measured from the maximum spring tide level. We have also reorganized Section 3 for clarity pertaining to coastal wetlands and tidal waters. Even 15 years after the law was changed some people still think that width of the shoreland zone and associated setbacks are measured from “mean high water”.
3. In Section 7 Conflicts with Other Ordinances, we clarified that provision to specify that the conflict must be with an ordinance that is administered by the town.
4. In Section 9 we created a new General Development II district. This new district will be applied only to areas that are not heavily developed at the time the district is created, and will require a 75 foot setback. The allowed uses will be the same as the current General Development district. Only the setback requirement will be different.
5. In Section 12.A, we have added a sentence to make it clear that you cannot make a nonconforming condition more nonconforming, unless otherwise allowed within the ordinance.
6. In Section 12.C, we have added a sentence in the “Note”, to stress that towns that adopt the alternative to the 30% expansion rule must still retain paragraphs (2), (3) and (4) pertaining to Relocation, Reconstruction or Replacement, and Change of Use of a Nonconforming Structure.
7. We have applied the 30% expansion limitation to “tributary streams”.
8. In Section 12.C.(1)(b) we are now requiring all structures to be moved back to meet the setback requirement to the greatest practical extent, whenever any permanent type foundation is added. Prior to this modification a frost wall or slab could be placed under the structure in the same location without having to consider relocation.
9. In Section 12.C(2), we have established a requirement for replanting when the relocation of a structure results in the removal of vegetation.
10.In Section 12.C(3), pertaining to reconstruction or replacement of nonconforming structures, we have made it clear that “removed, damaged or destroyed” includes causes of any kind. Willful removal is included.
In that same section we have included language which should result in relocated or rebuilt structures being fully outside the setback area. Presently, many towns are allowing a relocated or rebuilt structure to remain inside the setback area because the owner proposes a much larger structure than the original structure.
11.In Section 12.E, pertaining to nonconforming lots, we have clarified that “lot size” includes lot area and lot width, and that “frontage” is shore frontage.
Summary of Guideline Changes
Page 2 of 5.
12.In Section 13.A(4), Establishment of Districts, we have added a note to provide guidance for establishing Resource Protection districting in wetland areas adjacent to water bodies, particularly forested wetlands.
13.In Section 13.A, we have modified the criterion for establishing Resource Protection zoning adjacent to wetlands which are rated “moderate” or “high” value for waterfowl habitat by the DIF&W. We no longer reference the 1973 wetlands report. Instead the ratings as of May 1, 2006 are used.
14.In the Table 1. Land Uses in the Shoreland Zone, we are proposing to allow “governmental and institutional” uses in a Limited Residential District. This is not really an environmental issue and should be allowed if the townspeople wish.
We are making it clear that certain commercial uses such as marinas and campgrounds are permitted in a Residential District, and that “home occupations” can be permitted in a Resource Protection District. Also, driveway permitting will be under the authority of the code enforcement officer.
Under the amendments we no longer require a permit from the CEO for a temporary crossing that does not involve soil disturbance.
15.In Section 15.A we have added a “Note” stating that in a General Development District that is served by municipal sewer and water, the Department may approve greater residential densities than listed in the Guidelines.
16.Section 15.A(5) clarifies that for each dwelling unit or principal commercial or industrial structure or use, or combination thereof, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.
17.In Section 15.B, we have clarified that the setback requirement in a Resource Protection District is 250 feet, except for structures specifically allowed in the district.
18.We have added a new subparagraph (c) in Section 15.B(1) requiring principal structures to be setback from the top of unstable and highly unstable bluffs, instead of from the high water line.
19.We have added a new subparagraph (d) in Section 15.B(1) allowing a small storage shed if there is no other accessory structure on the lot and the setback requirement cannot be met.
20.Last year the shoreland zoning unit informally adopted a policy on low retaining walls on existing lawn areas. We have now formally placed the policy in Section 15.B(5), Principal and Accessory Structures.
Summary of Guideline Changes
Page 3 of 5.
21.The maximum width of 6 feet is allowed for temporary piers and docks in non-tidal waters. Permanent piers are prohibited on a great pond unless it is clearly demonstrated that a temporary pier or dock is not feasible, and a permit has been obtained from the DEP, pursuant to the NRPA.
22.In Section 15.E, Individual Private Campsites, we have limited the site to one recreational vehicle and gravel pad, canopy, single fireplace and parking area. We have had complaints about these sites being used more intensively than neighboring residential dwellings.
23.In Section 15.F, Commercial and Industrial Uses, we have added a “Note” as requested by the Department of Agriculture. The note states “Title 22 MRSA section 1471-U requires municipal ordinances that apply to pesticide storage, distribution or use be filed with the Maine Board of Pesticides Control, 28 State House Station, Augusta, ME 04333.”
24.In Section 15.H, Roads and Driveways, we are applying many of the standards for roads to driveways also. Driveways must be constructed to proper standards, as well.
25.In Section 15.J, pertaining to signs, the Limited Commercial District will now allow signs up to 16 square feet if they relate to goods and services sold on the premises. Name signs in any district are limited to two signs, and shall not exceed twelve (12) square feet in the aggregate.
26.We have added a note in Section 15.K to provide information regarding the Stormwater Management Law and the Maine Construction General Permit program.
27.In Section 15.L, pertaining to Septic Waste Disposal, holding tank ordinances be prohibited from allowing first-time systems in the shoreland zone. We have also required septic systems, including fill extensions, be kept at least 75 feet from the water. This would not apply to replacement systems.
28.In Section 15.N, pertaining to Mineral Exploration and Extraction, the property line setback is reduced to 50 feet to be consistent with current DEP mineral extraction standards.
29.In the Agriculture section
(15.O) we have eliminated the reference to the Maine Guidelines for Manure and Manure Sludge Disposal on Land
published by the
30.In Section 15.P(2)(e), relating to Timber Harvesting, we have amended the standards to be consistent with the Department of Conservation’s state-wide timber harvesting standards. In Section 4.B, we have included repeal language for the old timber harvesting standards after a threshold number of municipalities adopt the updated standards.
Summary of Guideline Changes
Page 4 of 5.
31.We have changed the title of Section 15.Q to Clearing of Vegetation for Activities other than Timber Harvesting from the current title, Clearing of Vegetation for Development. There are two reasons for the change. First, we want to clearly distinguish Timber Harvesting from Clearing for Development Activities. Secondly, many argue that clearing in front of one’s camp is not “clearing for development”, stating that there is no development in front of the camp. They argue that it is the area where the camp and driveway are where the development occurs. That interpretation is not what the Department had intended.
We have also replaced the word “clearing” with the words “cutting or removal”.
We have included language stating that if trees are not present, but a woody canopy is, the 250 square foot limitation in the canopy opening will apply to the woody sapling/shrub growth.
We have incorporated the new point system language from the NRPA cutting standards. We have also clearly stated that the point system defines a “well-distributed stand of trees”, rather than a “well-distributed stand of trees and other vegetation”. Our intent is to ensure that more vegetation than just trees over two inches in diameter remains. Such vegetation includes shrubs and saplings.
32.As required in Title 38 MRSA section 438.A(1), we have added a requirement that a person who is issued a permit for work being done in a great pond watershed have a copy of the permit on site while the work authorized by the permit is performed. We have, however, extended the requirement to include any shoreland area, not just great pond watersheds. A copy of the permit should be available on site.
33.We have also included the statutory provision contained in Title 38 MRSA section 439-A.8, regarding the exemption from permitting for certain archaeological excavations.
34. Because the “special exception” for a single-family home in a Resource Protection District (Section 16.E) should be viewed strictly, we have prohibited any increase in the maximum floor area by variance.
35.Section 16.F states that if a “substantial start” has been accomplished within one year of the issuance of a permit, the permit shall be valid for a second year. If a substantial start (30% of the project) is not completed within one year, the permit expires at that time. Our current Guidelines have no final expiration date if at least 30% of the project has begun within one year.
36.In Section 16.I, Appeals, it states that enforcement notices are not appealable to the Board of Appeals.
37.In Section 16.I(2)(d), the “disability variance” provision in Title 30-A MRSA section 4353(4-A) was updated to address access to the “property”, rather than access to the “structure”.
Summary of Guideline Changes
Page 4 of 5.
38.The time period for appealing a decision of the permitting authority will begin when the official written decision is issued.
39.In Section 16, the appeals provisions were reorganized and rewritten to provide better clarity. Appeals from decisions of the code enforcement officer are “de novo” hearings. Appeals of planning board decisions are “appellate” hearings. The Department, however, will not dictate to a municipality which type of hearing shall be held. The towns will have the flexibility to make their own choices on appeal procedures within their respective ordinances.
40.In Section 16I(5), we have changed the time frame in which the board of appeals can reconsider an earlier decision, from 30 days to 45 days, consistent with Title 30-A M.R.S.A. Section 2691(3)(F). We have also reduced the time period that the town has to send variance decisions to the Department. The period is reduced from 14 days to 6 days because the Department has only ten days from the original decision in which to appeal that decision.
41.In Section 17, Definitions, we have added the following definitions:
a. Development
b. Ground cover
c. Institutional
d. Normal high-water line (non-tidal waters)
We have modified several other definitions, including:
a. Foundation- excludes wooden sills and post supports from that definition.
b. Individual private campsites- limits improvements to singular items such as a gravel pad, a fireplace, a tent platform, and a parking area,
c. Normal high-water line (non-tidal waters)- clarifies that only non-forested wetlands are considered part of a river or great pond.
d. Residential dwelling unit- clarifies that rental units containing cooking, sleeping, and toilet facilities, regardless of the time period rented are dwelling units.
e. Setback- clarifies that setback requirements apply to both water bodies and wetlands.
f. Shore frontage- establishes a frontage requirement for wetlands.
g. Structure- exempts poles and wiring associated with service drops from the definition of structure.
h. Subsurface sewage disposal system- incorporates the current definition from the DHHS plumbing code.
i. Tributary stream- modified to be consistent with the state-wide timber harvesting standards
05/06