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Maine's Shoreland Zoning Rulesby Peter Kallin We have been discussing Mother Nature's watershed design and the importance of vegetated buffers in protecting water quality. The State of Maine has recognized the importance of vegetation and native forest soils in protecting water quality and has implemented a number of rules and regulations designed to use Mother Nature's systems where practical to protect lakes, rivers, and wetlands and the wildlife that live in and near those ecosystems. Probably the most extensive of these and the one that seems most confusing to people is the Maine Mandatory Shoreland Zoning Act, first established in 1971 and strengthened over the years, including a major revision in 1988. It is one of the strongest shoreland protection laws in the country and is looked to as a model by other jurisdictions. The law requires that each town identify and depict on its Comprehensive Plan and zoning maps, all "Shoreland Zone" areas within its borders, and designate special resource protection areas. This includes all lands within:
The law further requires that towns regulate development in these areas either with the mandatory Statewide regulation or with a more stringent local ordinance. I am going to discuss some of the mandatory aspects of the ordinance but certainly not everything. If you want more information on these rules, the law can be reviewed on the DEP web site. The DEP also publishes a more readable version in a document entitled, "Maine Shoreland Zoning: A Handbook for Shoreland Owners." (4.78 MB, Requires Adobe Reader.) Paper copies are available at the DEP or at the BRCA office in Belgrade Lakes. The minimum lot size for inland residential lots is 40,000 square feet (0.9 acres). For great ponds, all structures (buildings, roads, driveways, septic systems) must be set back 100 feet from the normal high water mark of the shoreline. It is important to note that all setback distances under these rules are horizontal distances, not distances across the ground. This means, for example, that if shoreline is on a 30° slope, a hundred foot horizontal setback actually equates to slightly over 115 feet as measured across the ground. In areas designated as "Resource Protection," e.g., 100-year flood plains or steep slope areas, no clearing of vegetation within 75 feet of the shoreline is allowed, except to remove a safety hazard. In most areas in the shoreland zone, no more than 40% of the total volume of trees over 4 inches in diameter in the buffer area may be harvested in any ten year period. Any vegetation less than 3 feet in height in the shoreland buffer cannot be removed, including ground cover. Pruning the lower third of the branches of a tree within the buffer is allowed to create a view. Within 100 feet of great ponds and rivers flowing into great ponds and within 75 feet of other water bodies and streams. No opening in the canopy greater than 250 square feet can be created and if a tree falls over, creating a clearing, the area must be replanted. A winding footpath up to 6 feet wide is allowed. Sound confusing? It is a bit — but remember, the purpose of the rules is to retain as much of Mother Nature's forest buffer as possible in order to preserve the resource while allowing the landowner to enjoy the lakes with minimum impact so that future generations can do the same. If you have questions, call your local Code Enforcement Officer (CEO). He is responsible for enforcing the rules in organized townships. Peter Kallin is Executive Director of the Belgrade Regional Conservation Alliance (BRCA). He can be contacted at | ||