Town of

CONTENTS [Page numbers TBA]

SECTION 1. Purposes............................................................................................................................................................

SECTION 2. Authority...........................................................................................................................................................

SECTION 3. Applicability.....................................................................................................................................................

SECTION 4. Effective Date

A. Effective Date of Ordinance and Ordinance Amendments and Repeal of Formerly Adopted Ordinance.................

B. Sections 15.O and 15.O-1…………………………………………………………………………………………...

SECTION 5. Availability........................................................................................................................................................

SECTION 6. Severability.......................................................................................................................................................

SECTION 7. Conflicts with Other Ordinances....................................................................................................................

SECTION 8. Amendments....................................................................................................................................................

SECTION 9. Districts and Zoning Map...............................................................................................................................

A. Official Shoreland Zoning Map....................................................................................................................................

B. Scale of Map..................................................................................................................................................................

C. Certification of Official Shoreland Zoning Map...........................................................................................................

D. Changes to the Official Shoreland Zoning Map...........................................................................................................

SECTION 10. Interpretation of District Boundaries..........................................................................................................

SECTION 11. Land Use Requirements................................................................................................................................

SECTION 12. Non-conformance...........................................................................................................................................

A. Purpose.........................................................................................................................................................................

B. General..........................................................................................................................................................................

C. Non-conforming Structures...........................................................................................................................................

D. Non-Conforming Uses..................................................................................................................................................

E. Non-Conforming Lots...................................................................................................................................................

SECTION 13. Establishment of Districts.............................................................................................................................

A. Limited Development District......................................................................................................................................

B. Limited Residential/Commercial District......................................................................................................................

C. Commercial Fisheries/Maritime Activities District......................................................................................................

SECTION 14. Table of Land Uses........................................................................................................................................

SECTION 15. Land Use Standards......................................................................................................................................

A. Minimum Lot Standards...............................................................................................................................................

B. Principal and Accessory Structures...............................................................................................................................

C. Piers, Docks, Wharfs, Bridges and Other Structures and Uses Extending Over or Beyond the Normal

High-Water line of a Water Body or Within a Wetland……………………………………………………………

D. Campgrounds...............................................................................................................................................................

E. Individual Private Campsites........................................................................................................................................

F. Commercial and Industrial Uses...................................................................................................................................

G. Parking Areas..............................................................................................................................................................

H. Roads and Driveways..................................................................................................................................................

I. Signs.............................................................................................................................................................................

J. Storm Water Runoff.....................................................................................................................................................

K. Septic Waste Disposal................................................................................................................................................

L. Essential Services.......................................................................................................................................................

M. Mineral Exploration and Extraction..........................................................................................................................

N. Agriculture.................................................................................................................................................................

O. Timber Harvesting.....................................................................................................................................................

O-1. Timber Harvesting – Statewide Standards…………………………………………………………………………

P. Clearing or Removal of Vegetation for Activities Other than Timber Harvesting........................................................

Q. Erosion and Sedimentation Control..............................................................................................................................

R. Soils..............................................................................................................................................................................

S. Water Quality................................................................................................................................................................

T. Archaeological Sites.....................................................................................................................................................

U. Home Occupations.......................................................................................................................................................

SECTION 16. Administration..............................................................................................................................................

A. Administering Bodies and Agents...............................................................................................................................

B. Permits Required..........................................................................................................................................................

C. Permit Application........................................................................................................................................................

D. Procedure for Administering Permits...........................................................................................................................

E. Expiration of Permit.....................................................................................................................................................

F. Installation of Public Utility Service..............................................................................................................................

G. Appeals.........................................................................................................................................................................

H. Enforcement.................................................................................................................................................................

SECTION 17. Definitions......................................................................................................................................................

SECTION 1. Purposes

The purposes of this Ordinance are to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and land from flooding and accelerated erosion; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

SECTION 2. Authority

This ordinance has been prepared in accordance with the provisions of Title 38 sections 435-449 of the Maine Revised Statutes Annotated (M.R.S.A.).

SECTION 3. Applicability

This Ordinance applies to all land areas within 250 feet, horizontal distance, of the

· normal high-water line of any great pond or river,

· upland edge of a costal wetland, including all areas affected by tidal action, or

· upland edge of a freshwater wetland,

and all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream.

This Ordinance also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending or located below the normal high-water line of a water body or within a wetland.

SECTION 4. Effective Date

A. Effective Date of Ordinance and Ordinance Amendments

This Ordinance, which was adopted at town meeting on 20 August 1992, shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of the Ordinance, or Ordinance amendment, attested and signed by the Town Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on this Ordinance or Ordinance amendment within forty-five (45) days of his/her receipt of the Ordinance or Ordinance amendment, it shall be automatically approved.

Any application for a permit submitted to the municipality within the forty-five (45) day period shall be governed by the terms of this Ordinance, or Ordinance amendment, if the Ordinance or Ordinance amendment is approved by the Commissioner.

B. Sections 15.O and 15.O-1

Section 15.O is repealed on the statutory date established under 38 M.R.S.A. section 438-A(5), at which time Section 15.O-1 shall become effective. Until such time as Section 15.O is repealed, Section 15.O-1 is not in effect.

SECTION 5. Availability

A certified copy of this Ordinance shall be filed with the Town Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this Ordinance shall be posted.

SECTION 6. Severability

Should any section or provision of this Ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of the Ordinance.

SECTION 7. Conflicts with Other Ordinances

Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or of any other ordinance, regulation or statute administered by the Town, the more restrictive provision shall control.

SECTION 8. Amendments

This Ordinance may be amended by majority vote of the town meeting. Copies of amendments, attested and signed by the Town Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the town meeting and shall not be effective unless approved by the Commissioner. If the Commissioner fails to act on any amendment within forty-five (45) days of his/her receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the municipality within the forty-five (45) day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.

SECTION 9. Districts and Zoning Map

A. Official Shoreland Zoning Map

The areas to which this Ordinance is applicable are hereby divided into the following districts as shown on the Official Shoreland Zoning Map(s) which is (are) made a part of this Ordinance:

1. Limited Development District

2. Limited Residential/Commercial District

3. Commercial Fisheries/Maritime Activities District

B. Scale of Map

The Official Shoreland Zoning Map shall be drawn at a scale of not less than: 1 inch = 2000 feet. District boundaries shall be clearly delineated and a legend indicating the symbols for each district shall be placed on the map.

C. Certification of Official Shoreland Zoning Map

The Official Shoreland Zoning Map shall be certified by the attested signature of the Town Clerk and shall be located in the town office. In the event the municipality does not have a town office, the Town Clerk shall be the custodian of the map.

D. Changes to the Official Shoreland Zoning Map

If amendments, in accordance with Section 8, are made in the district boundaries or other matter portrayed on the Official Shoreland Zoning Map, such changes shall be made on the Official Shoreland Zoning Map within thirty (30) days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.

SECTION 10. Interpretation of District Boundaries

Unless otherwise set forth on the Official Shoreland Zoning Map, district boundary lines are property lines, the center lines of streets, roads and rights of way, and the boundaries of the shoreland area as defined herein. However, Commercial Fisheries/Maritime Activities (CFMA) District boundaries do not have to follow property lines. Where uncertainty exists as to the exact location of district boundary lines, the Board of Appeals shall be the final authority as to location.

SECTION 11. Land Use Requirements

Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.

SECTION 12. Non-conformance

A. Purpose

It is the intent of this Ordinance to promote land use conformities, except that non-conforming conditions that existed before the effective date of this Ordinance or amendments thereto shall be allowed to continue, subject to the requirements set forth in Section 12. Except as otherwise provided in this Ordinance, a non-conforming condition shall not be permitted to become more non-conforming.

B. General

1. Transfer of Ownership: Non-conforming structures, lots, and uses may be transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming structure or lot, subject to the provisions of this Ordinance.

2. Repair and Maintenance: This Ordinance allows, without a permit, the normal upkeep and maintenance of non-conforming uses and structures including repairs or renovations that do not involve expansion of the non-conforming use or structure, and such other changes in a non-conforming use or structure as federal, state, or local building and safety codes may require.

C. Non-conforming Structures

1. Expansions: A non-conforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the non-conformity of the structure.

Further Limitations:

a. After January 1, 1989, if any portion of a structure is less than the required setback from the normal high-water line of a water body or tributary stream or the upland edge of a wetland, that portion of the structure shall not be expanded in floor area or volume, by 30% or more, during the lifetime of the structure. If a replacement structure conforms with the requirements of Section 12.C.3, and is less than the required setback from a water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30% in floor area or volume since that date.

b. Whenever a new, enlarged, or replacement foundation is constructed under a non-conforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the same permitting authority as that for a new structure, basing its decision on the criteria specified in Section 12.C.2, Relocation, below. If the completed foundation does not extend beyond the exterior dimensions of the structure, except for expansion in conformity with Section 12.C.1.a above, and the foundation does not cause the structure to be elevated by more than three (3) additional feet, as measured from the uphill side of the structure (from the original ground level to the bottom of the first floor sill), it shall not be considered to be an expansion of the structure.

c. No structure which is less than the required setback from the normal high-water line of a water body, tributary stream, or upland edge of a wetland shall be expanded toward the water body, tributary stream, or wetland.

2. Relocation: A non-conforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules, or that a new system can be installed in compliance with the law and said Rules. In no case shall a structure be relocated in a manner that causes the structure to be more non-conforming.

In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:

a. Trees removed in order to relocate a structure must be replanted with at least one native tree, three (3) feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed.

Other woody and herbaceous vegetation, and ground cover, that are removed or destroyed in order to relocate a structure must be reestablished. An area at least the same size as the area where the vegetation and/or ground cover was disturbed, damaged, or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover to that which was disturbed, destroyed or removed.

b. Where feasible, when a structure is relocated on a parcel, the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof.

3. Reconstruction or Replacement: Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed, damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within 18 months of the date of said damage, destruction or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or its designee in accordance with the purposes of this Ordinance. In no case shall a structure be reconstructed or replaced so as to increase its non-conformity. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Section 12.C.1 above, as determined by the non-conforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Section 12.C.2 above.

Any non-conforming structure which is located less than the required setback from a water body, tributary stream or wetland and which is removed, damaged or destroyed by less than 50% of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Code Enforcement Officer within one year of such damage, destruction or removal.

In determining the market value of a structure, only the value of the structure itself shall be considered, which would be the same regardless of where the structure is located. If the applicant and the Planning Board cannot agree on whether or not the removal, damage or destruction is more than 50% of the market value of the structure, the Planning Board may require the applicant to obtain one or more appraisals of the market value.

In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent, the Planning Board or its designee shall consider, in addition to the criteria in Section 12.C.2 above, the physical condition and type of foundation present, if any.

4. Change of Use of a Non-conforming Structure: The use of a non-conforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream or wetland, or on the subject or adjacent properties and resources than the existing use.

In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant, regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, flood plain management, archaeological and historic resources, and commercial fishing and maritime activities, and other functionally water-dependent uses.

D. Non-Conforming Uses

1. Expansions: Expansions of non-conforming uses are prohibited, except that non-conforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in Section 12.C.1.a above.

2. Resumption Prohibited: A lot, building or structure in or on which a non-conforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a non-conforming use except that the Planning Board may, for good cause shown by the applicant, grant up to a one year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure provided that the structure has been used or maintained for residential purposes during the preceding five (5) year period.

3. Change of Use: An existing non-conforming use may be changed to another non-conforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, including water dependent uses in the CFMA district, than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in Section 12.C.4 above.

E. Non-Conforming Lots

1. Non-conforming Lots: A non-conforming lot of record as of the effective date of this Ordinance or amendment thereto may be built upon for single family structures and uses only without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this Ordinance except lot area, lot width and shore frontage can be met. Variances relating to setback or other requirements not involving lot area, lot width or shore frontage shall be obtained by action of the Board of Appeals.

2. Contiguous Built Lots: If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this Ordinance, if all or part of the lots do not meet the dimensional requirements of this Ordinance, and if a principal use or structure exists on each lot, the non-conforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. sections 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.

If two or more principal uses or structures existed on a single lot of record on the effective date of this ordinance, each may be sold on a separate lot provided that the above referenced law and rules are complied with. When such lots are divided each lot thus created must be as conforming as possible to the dimensional requirements of this Ordinance.

3. Contiguous Lots - Vacant or Partially Built: If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this Ordinance, if any of these lots do not individually meet the dimensional requirements of this Ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure the lots shall be combined to the extent necessary to meet the dimensional requirements.

This provision shall not apply to 2 or more contiguous lots, at least one of which is nonconforming, owned by the same person or persons on the effective date of this Ordinance and recorded in the registry of deeds if the lot can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules, and:

a. Each lot contains at least 100 feet of shore frontage and at least 1 1/2 acres of lot area; or

b. Any lots that do not meet the frontage and lot size requirements of Section 12.E.3.a are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage and at least 1 1/2 acres of lot area.

SECTION 13. Establishment of Districts

A. Limited Development District

The Limited Development includes those areas which had been referred to as the Pond District in the 1974 Shoreline Zoning Ordinances, and identified in the Comprehensive Plan as the Rural District. This district shall include:

1. Squam Creek Marsh

2. Heal's Upper Mill

3. Meadow Pond

4. Beaver Pond

B. Limited Residential/Commercial District

The Limited Residential/Commercial District includes those areas which had been referred to as the Rural Residential District in the 1974 Shoreline Zoning Ordinances, and identified in the Comprehensive Plan as the Growth District. This district includes areas of two or more contiguous acres in size and is suitable for both residential and low intensity commercial uses, including functionally water-dependent facilities for hauling and storing a maximum of 10 boats and for individually-operated lobstering and fishing activities. Industrial uses are prohibited.

C. Commercial Fisheries/Maritime Activities District

The Commercial Fisheries/Maritime Activities District includes areas where the existing predominant pattern of development is consistent with the allowed uses for this district as indicated in the Table of Land Uses, Section 14. This district shall include:

1. Tax Map 7, Lot 52.01 (currently Sheepscot Marine - marina)

2. Tax Map 6, Lot 111.11 (currently Westport Boat Works - marina)

3. Tax Map 1, Lot 24.11 (portion only - commercial fishing)

A portion of land of Teresa Richardson, being the existing stone wharf and adjacent land described as follows: Beginning at the southwest corner of land of George D. Richardson, III at a ring bolt in the ledge; thence N 45^o53'30" W by land of George D. Richardson III to a 5/8" drill hole; thence Southwesterly to a 1 1/2" iron pipe at land of Dunlop; thence Southwesterly by land of Dunlop to a 1/2" iron pipe near the shore of the Sheepscot River; thence to low water mark in said River; thence Easterly by low water mark to a point in a line extended S 45^°53'30" E from the point of beginning; thence N 45^°53'30" W to the point of beginning.

4. Tax Map 4, Lot 60.01 (land of George R. Harrison - commercial fishing)

5. Tax Map 4, Lot 56 (portion only - commercial marine construction)

A portion of the land of E. Davies Allan being described as follows: Beginning at a point most southerly and easterly in the cove East of the Boathouse peninsula marked by a steel pin the ledge above high water; thence due magnetic South to a point 250 feet from high water marked by a concrete marker; thence Westerly along the 250 foot setback line to a concrete marker; thence due magnetic North to a pin in the ledge located in the westerly corner of the cove West of the Boathouse peninsula; thence Easterly along the shore to the point of beginning.

6. Tax Map 3, Lot 16 (land of Reginald Lee - commercial fishing)

7. Tax Map 6, Lots 77.1 and 78 (formerly Mary Wright; now Town of Westport Island– marine activities)

SECTION 14. Table of Land Uses

All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone, shall conform with all of the applicable land use standards in Section 15. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.

Key to Table 1:

Yes - Allowed (no permit required but the use must comply with all applicable land use standards)

No - Prohibited

PB - Allowed with permit issued by the Planning Board

CEO - Allowed with permit issued by the Code Enforcement Officer

LPI - Allowed with permit issued by the Local Plumbing Inspector

Abbreviations:

LD - Limited Development

LRC - Limited Residential/Commercial

CFMA - Commercial Fisheries/Maritime Activities

NOTE: A person performing any of the following activities shall require a permit from the Department of Environmental Protection, pursuant to 38 M.R.S.A. section 480-C, if the activity occurs in, on, over, or within 100 feet of any freshwater or coastal wetland, great pond, river, stream or brook and operates in such a manner that material or soil may be washed into them:

a. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials;

b. Draining or otherwise dewatering;

c. Filling, including adding sand or other materials to a sand dune; or

d. Any construction or alteration of any permanent structure.

TABLE 1. LAND USES IN THE SHORELAND ZONE

LAND USES		DISTRICTS
LAND USES		LD	LRC	CFMA
1.	Non-intensive recreational uses not requiring structures, such as hunting, fishing, and hiking	yes	yes	yes
2.	Motorized vehicular traffic on existing roads and trails	yes	yes	yes
3.	Forest management activities except for timber harvesting and land management roads	yes	yes	yes
4.	Timber harvesting	yes	yes	yes
5.	Clearing or removal of vegetation for activities other than timber harvesting	yes	yes	yes
6.	Fire prevention activities	yes	yes	yes
7.	Wildlife management practices	yes	yes	yes
8.	Soil and water conservation practices	yes	yes	yes
9.	Mineral Exploration	CEO¹	CEO¹	CEO¹
10.	Mineral extraction including sand and gravel extraction	PB	PB	PB
11.	Surveying and resource analysis	yes	yes	yes
12.	Emergency operations	yes	yes	yes
13.	Agriculture	yes	yes	yes
14.	Aquaculture	PB	yes	yes
15.	Principal structures and uses
	A. One and two family residential, including driveways	CEO	CEO	CEO
	B. Multi-unit residential	no	no	no
	C. Commercial	no	PB	PB²
	D. Industrial	no	no	PB²
	E. Governmental and Institutional	no	PB	PB²
	F. Small non-residential facilities for educational, scientific, or nature interpretation purposes	CEO	CEO	PB²
16.	Structures accessory to allowed uses	CEO	CEO	PB²
17.	Piers, docks, wharfs, bridges, and other structures and uses extending over or below the normal high-water line or within a wetland
	a. Temporary³	CEO⁶	CEO⁶	CEO^2,6
	b. Permanent^3,4	PB	PB	PB²
18.	Conversions of seasonal residences to year-round residences	LPI	LPI	no
19.	Home occupations	CEO⁵	CEO⁵	yes
20.	Private sewage disposal systems for allowed uses	LPI	LPI	LPI
21.	Essential services	PB	PB	PB
	A. Roadside distribution lines (34.5kV or less)	CEO⁷	yes⁸	yes⁸
	B. Non-roadside or cross-country distribution lines involving ten poles or less in the shoreland zone	PB⁷	CEO	CEO
	C. Non-roadside or cross-country distribution lines involving eleven or more poles in the shoreland zone	PB⁷	PB	PB
	D. Other essential services	PB⁷	PB	PB
22.	Service drops, as defined, to allowed uses	yes	yes	yes
23.	Public and private recreational areas involving minimal structural development	PB	CEO	CEO²
24.	Individual and private campsites	CEO	CEO	CEO
25.	Campgrounds	PB	PB	no
26.	Road construction	PB	PB	PB²
27.	Land management roads	PB	yes	yes
28.	Parking facilities	PB	PB	PB²
29.	Marinas	PB	PB	PB
30.	Filling and earthmoving of less than 10 cubic yards	yes	yes	yes
31.	Filling and earthmoving of greater than 10 cubic yards	CEO	CEO	CEO
32.	Signs	yes	yes	yes
33.	Uses similar to allowed uses	CEO	CEO	CEO
34.	Uses similar to uses requiring a CEO permit	CEO	CEO	CEO
35.	Uses similar to uses requiring a PB permit	PB	PB	PB
36.	Relocation of a non-conforming structure	PB	PB	PB

¹Requires permit from the CEO if more than 100 square feet of surface area, in total, is disturbed.

²Functionally water-dependent uses and uses accessory to such water dependent uses only within 75 feet, horizontal distance, of the normal high-water line.

³Requires a permit from the selectmen.

⁴Requires a permit from the Department of Environmental Protection.

⁵May require a permit from the CEO (see Section 15.U. below).

⁶Excluding bridges and other crossings not involving earthwork, in which case no permit is required

⁷See further restrictions in Section 15.L.2.

⁸Permit not required but must file a written “notice of intent to construct” with CEO.

SECTION 15. Land Use Standards

All land use activities within the shoreland zone shall conform with the following provisions, if applicable.

A. Minimum Lot Standards

1. Minimum Lot Area and Shore Frontage

	Minimum Lot Area (acres)	Minimum Shore Frontage (feet)
a. Residential per dwelling unit
i. Within the Shoreland Zone adjacent to tidal areas	2	150
ii. Within the Shoreland Zone adjacent to non-tidal areas	2	200
b. Governmental, Institutional, Commercial or Industrial per principal structure
i. Within the Shoreland Zone adjacent to tidal areas, exclusive of those areas zoned CFMA	2	200
ii. Within the Shoreland Zone adjacent to tidal areas zoned CFMA	None	None
iii. Within the Shoreland Zone adjacent to non-tidal areas	2	300
c. Public and private recreational facilities within the Shoreland Zone adjacent to tidal and non-tidal areas	2	200

2. Land below the normal high-water line of a water body or upland edge of a wetland, and land beneath roads serving more than two (2) lots, shall not be included toward calculating minimum lot area.

3. Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.

4. The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

5. If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, each additional dwelling unit, principal structure, or use shall require an additional fifty (50) feet of shore frontage. All other dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.

B. Principal and Accessory Structures

1. All new principal and accessory structures shall be set back one hundred (100) feet, horizontal distance, within the Limited Development District, or seventy-five (75) feet, horizontal distance, within the Limited Residential/Commercial District, horizontal distance, from any body of water, tributary stream, or the upland edge of a wetland, except that in the Commercial Fisheries/Maritime Activities District there shall be no minimum setback. In addition:

a. The water body, tributary stream or wetland setback provision shall neither apply to structures which require direct access to the water body or wetland as an operational necessity, such as piers, docks, and retaining walls, nor to other functionally water-dependent uses.

b. For principal structures, water and wetland setback measurements shall be taken from the top of a coastal bluff that has been identified on Coastal Bluff maps as being “highly unstable” or “unstable” by the Maine Geological Survey pursuant to its “Classification of Coastal Bluffs” and published on the most recent Coastal Bluff map. If the applicant and the permitting official(s) are in disagreement as to the specific location of a “highly unstable” or “unstable” bluff, or where the bluff is located, the applicant may at his or her expense, employ a Maine Registered Professional Engineer, a Maine Certified Soil Scientist, a Maine State Geologist, or other qualified individual to make a determination. If agreement is still not reached, the applicant may appeal the matter to the board of appeals.

c. On a non-conforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required water body, tributary stream or wetland setbacks, the Code Enforcement Officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed eighty (80) square feet in area nor eight (8) feet in height, shall be located as far from the shoreline or tributary stream as practical, and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the principal structure.

2. Principal or accessory structures and expansions of existing structures which are permitted in the Limited Development District, and Limited Residential/Commercial District, shall not exceed thirty-five (35) feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.

3. The lowest floor elevation or openings of all buildings and structures including basements shall be elevated at least one foot above the elevation of the 100 year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent floodplain soils. In those municipalities that participate in the National Floodplain Insurance Program and have adopted the April 2005 version, or later version, of the Floodplain Management Ordinance, accessory structures may be placed in accordance with the standards of that ordinance and need not meet the elevation requirements of this paragraph.

4. The total footprint area of all structures, parking lots and other non-vegetated surfaces, excepting one access road, within the Shoreland Zone, shall not exceed twenty (20) percent of the lot or a portion thereof, located within the Shoreland Zone, including land area previously developed, except in the Commercial Fisheries/Maritime Activities District, where lot coverage shall not exceed seventy (70) percent.

5. Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill provided all of the following conditions are met:

a. The site has been previously altered and an effective vegetated buffer does not exist;

b. The wall(s) is(are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream or upland edge of a wetland;

c. The site where the retaining wall(s) will be constructed is legally existing lawn or a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings;

d. The total height of the wall(s), in the aggregate, is no more than 24 inches;

e. Retaining walls are located outside of the 100-year floodplain on rivers, streams, coastal wetlands, and tributary streams, as designated on the Federal Emergency Management Agency’s (FEMA) Floodplain Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils;

f. The area behind the wall is re-vegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and

g. A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics:

i. The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking the area must be supplemented with leaf or bark mulch;

ii. Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of storm water runoff;

iii. Only native species may be used to establish buffer areas;

iv. A minimum buffer width of fifteen (15) feet, horizontal distance, is required, measured perpendicularly to the normal high-water line of upland edge of a wetland; and

v. A footpath not to exceed the standards in Section 15.P.2.a may traverse the buffer.

Note: If the wall and associated soil disturbance occurs within 75 feet, horizontal distance, of a water body, tributary stream or coastal wetland, a permit pursuant to the Natural Resource Protection Act is required from the Department of Environmental Protection.

6. Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils provided: that the structure is limited to a maximum of four (4) feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge or a wetland, (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. section 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

7. Minimum Lot Width

a. No single family dwelling shall be erected or building altered to accommodate one family as a residence on a lot having a width of less then two hundred (200) feet in the Limited Development District, or one hundred and fifty (150) feet in the Limited Residential/Commercial District or the Commercial Fisheries/Maritime Activities District, measured through that part of the building where the lot is narrowest.

b. No two-family dwellings shall be erected or buildings altered to accommodate two-family dwellings on lots having less than an additional fifty (50) foot width measured through that part of the building where the lot is narrowest, per living unit, above and beyond the initial two hundred (200) foot width limitation or one hundred fifty (150) foot width limitation, whichever is applicable, for single family dwellings.

8. Frontage

a. No single family dwelling shall be erected or building altered to accommodate one family as a residence on a lot having frontage less than two hundred (200) feet in the Limited Development District, or one hundred and fifty (150) feet in the Limited Residential/Commercial District or the Commercial Fisheries/Maritime Activities District, on a public or private roadway or on any lake, pond, river, stream or seashore, except that there shall be no minimum frontage requirement on any driveway serving two lots or less.

b. No two-family dwellings shall be erected or buildings altered to accommodate two-family or multiple dwellings on lots having less than an additional fifty (50) foot frontage on a public or private roadway or on any lake, pond, river, stream or seashore per additional family living unit, above and beyond the initial two hundred (200) foot limitation or one hundred fifty (150) foot limitation, whichever is applicable, for single family dwellings.

C. Piers, Docks, Wharfs, Bridges and Other Structures and Uses Extending Over or Below the Normal High-Water line of a Water Body or Within a Wetland

1. Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.

2. The location shall not interfere with existing developed or natural beach areas.

3. The facility shall be located so as to minimize adverse effects on fisheries.

4. The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf in non-tidal areas shall not be wider than six feet for non-commercial uses.

5. No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water body or wetland as an operational necessity.

6. New permanent piers and docks on non-tidal waters shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act.

7. No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.

8. Except in the Commercial Fisheries/Maritime Activities District, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.

9. Notwithstanding the 20-foot setback requirement described in Section 15.B,10.a, a pier-float-ramp may be erected closer to the sideline provided:

a. There is no pier-ramp-float on either of the two abutting lots;

b. The owner of the abutting lot agrees in writing to allow the pier-ramp-float to be constructed within 20 feet of his/her property line;

c. The owners of the two abutting lots agree in writing not to alter the pier-ramp-float which qualified under this provision and not to construct any other pier-ramp-float on either of the abutting lots as long as the pier-ramp-float which qualifies under this provision remains in existence. While the pier-ramp-float which qualifies under this provision remains in existence, no other pier-ramp-float will be approved on either of the two abutting lots.

d. The written agreements referred to in b. and c. are filed with the Planning Board to be retained by the Planning Board; and

e. If either or both of the abutting lots is/are divided after construction of the pier-ramp-float which qualified under this provision, then the same restrictions on subsequent construction of pier-ramp-floats as applied to the original, undivided, lots will apply to the new lot(s).

D. Campgrounds

Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following:

1. Campgrounds shall contain a minimum of five thousand (5,000) square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation, and land below the normal high-water line of a water body shall not be included in calculating land area per site.

2. The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back one hundred (100) feet, horizontal distance, within the Limited Development District, or seventy-five (75) feet, horizontal distance, within the Limited Residential/Commercial District, horizontal distance, from the normal high-water line of any body of water, tributary stream, or the upland edge of a wetland.

E. Individual Private Campsites

Individual, private campsites not associated with campgrounds are allowed provided the following conditions are met:

1. One campsite per lot existing on the effective date of this Ordinance, or two acres of lot area within the shoreland zone, whichever is less, may be permitted.

2. Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back one hundred (100) feet, within the Limited Development District, or seventy-five (75) feet, within the Limited Residential/Commercial District, horizontal distance, from the normal high-water line of any body of water, tributary stream, or the upland edge of a wetland.

3. Only one recreational vehicle shall be allowed on a campsite. The recreational vehicles shall not be located on any type of permanent foundation except for a gravel pad, and no structure except a canopy 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 campsite and shall be approved by the Local Plumbing Inspector. Where disposal is off-site, written authorization from the receiving facility or land owner is required.

5. When a recreational vehicle, tent or similar shelter is placed on-site for more than one hundred and twenty (120) days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules unless served by public sewage facilities.

F. Commercial and Industrial Uses

1. The following new commercial and industrial uses are prohibited within the Limited Development and the Limited Residential/Commercial districts:

a. Auto washing facilities

b. Auto or other vehicle service and/or repair operations, including body shops

c. Chemical and bacteriological laboratories

d. Storage of chemicals, including herbicides, pesticides or fertilizers, other than amounts normally associated with individual households or farms

e. Commercial painting, wood preserving, and furniture stripping

f. Dry cleaning establishments

g. Electronic circuit assembly

3. Within twelve (12) months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than one hundred (100) cubic yards of materials are removed in any consecutive twelve (12) month period, ground levels and grades shall be established in accordance with the following:

a. All debris, stumps, and similar material shall be removed for disposal in an approved location, or shall be buried on-site. Only materials generated on-site may be buried or covered on-site.

NOTE: The State of Maine Solid Waste Laws, 38 M.R.S.A. section 1300 and the solid waste management rules, Chapters 400-419 of the Department of Environmental Protection’s regulations may contain other applicable provisions regarding disposal of such materials.

b. The final grade slope shall be two and one-half to one (2 1/2:1) slope or flatter.

c. Top soil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project.

4. In keeping with the purposes of this Ordinance, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.

N. Agriculture

1. All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209).

2. Manure shall not be stored or stockpiled within one hundred (100) feet, within the Limited Development District, or seventy-five (75) feet, within the Limited Residential/Commercial District, horizontal distance, from any body of water, tributary stream or wetland. All manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water.

3. Agricultural activities involving tillage of soil greater than forty thousand (40,000) square feet in surface area within the Shoreland Zone shall require a Conservation Plan to be filed with the Planning Board. Non-conformance with the provisions of said plan shall be considered to be a violation of this Ordinance.

NOTE: Assistance in preparing a Conservation Plan may be available through the local Soil and Water Conservation District office.

4. There shall be no new tilling of soil within one hundred (100) feet, within the Limited Development District, or seventy-five (75) feet, within the Limited Residential/Commercial District, horizontal distance, from any body of water or coastal wetland; nor within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands. Operations in existence on the effective date of this Ordinance (and not in compliance with this provision) may be maintained.

5. Newly established livestock grazing areas shall not be permitted within one hundred (100) feet, within the Limited Development District, or seventy-five (75) feet, within the Limited Residential/Commercial District, horizontal distance, from any body of water or coastal wetland; nor within twenty-five (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.

O. Timber Harvesting

1. Timber harvesting shall conform with the following provisions:

a. Selective cutting of no more than forty (40) percent of the total volume of trees four (4) inches or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten (10) year period is permitted. In addition:

i. Within one hundred (100) feet, within the Limited Development District, or seventy-five (75) feet, within the Limited Residential/Commercial District, horizontal distance, of the normal high-water line or any body of water, tributary stream, or the upland edge of a wetland, there shall be no clearcut openings and a well-distributed stand of trees (as defined in Section 15.P.1.b) and other vegetation, including existing ground cover, shall be maintained.

ii. At distances greater than one hundred (100) feet, within the Limited Development District, or seventy-five (75) feet, within the Limited Residential/Commercial District, horizontal distance, of the normal high-water line of any body of water, tributary stream, or the upland edge of a wetland, harvesting operations shall not create single clearcut openings greater than ten thousand (10,000) square feet in the forest canopy. Where such openings exceed five thousand (5000) square feet they shall be at least one hundred (100) feet, horizontal distance, apart. Such clearcut openings shall be included in the calculation of total volume removal.

b. Timber harvesting operations exceeding the 40% limitation in Section 15.O.1.a above, may be allowed by the Planning Board upon a clear showing, including a forest management plan signed by a Maine licensed professional forester, that such an exception is necessary for good forest management and will be carried out in accordance with the purposes of this Ordinance. The Planning Board shall notify the Commissioner of the Department of Environmental Protection of each exception allowed, within fourteen (14) days of the Planning Board's decision.

c. No accumulation of slash shall be left within fifty (50) feet, horizontal distance, of the normal high-water line of a water body. In all other areas slash shall be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four (4) feet above the ground. Any debris that falls below the normal high-water line of a water body or tributary stream shall be removed.

d. Timber harvesting equipment shall not use stream channels as travel routes except when:

i. Surface waters are frozen; and

ii. The activity will not result in any ground disturbance.

e. All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.

f. Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.

g. Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least seventy-five (75) feet, horizontal distance, in width for slopes up to ten (10) percent shall be retained between the exposed mineral soil and the normal high-water line of a water body or upland edge of a wetland. For each ten (10) percent increase in slope, the unscarified strip shall be increased by twenty (20) feet, horizontal distance. The provisions of this paragraph apply only to a face sloping toward the water body or wetland, provided, however, that no portion of such exposed mineral soil on a back face shall be closer than twenty five (25) feet, horizontal distance, from the normal high-water line of a water body or upland edge of a wetland.

O-1. Timber Harvesting—Statewide Standards [Effective on effective date established in Section 4.B]

1. Shoreline integrity and sedimentation. Persons conducting timber harvesting and related activities must take reasonable measures to avoid the disruption of shoreline integrity, the occurrence of sedimentation of water, and the disturbance of water body and tributary stream banks, water body and tributary stream channels, shorelines, and soil lying within water bodies, tributary streams and wetlands. If, despite such precautions, the disruption of shoreline integrity, sedimentation of water, or the disturbance of water body and tributary stream banks, water body and tributary stream channels, shorelines, and soil lying within water bodies, tributary streams and wetlands occurs, such conditions must be corrected.

2. Slash treatment. Timber harvesting and related activities shall be conducted such that slash or debris is not left below the normal high-water line of any water body or tributary stream, or the upland edge of a wetland. Section 15.O-1.1 does not apply to minor, incidental amounts of slash that result from timber harvesting and related activities otherwise conducted in compliance with this section.

a. Slash activity used to protect soil from disturbance by equipment or to stabilize exposed soil, may be left in place, provided that no part thereof extends more than 4 feet above the ground.

b. Adjacent to rivers and wetlands:

i. No accumulation of slash shall be left within 50 feet, horizontal distance, of the normal high-water line or upland edge of a wetland; and

ii. Between 50 feet and 250 feet, horizontal distance, of the normal high-water line or upland edge of a wetland, all slash larger than 3 inches in diameter must be disposed of in such a manner that no part thereof extends more than 4 feet above the ground.

3. Timber harvesting and related activities must leave adequate tree cover and shall be conducted so that a well-distributed stand of trees is retained. This requirement may be satisfied by following one of the following three options:

a. Option 1 (40% volume removal), as follows:

i. Harvesting of no more than 40 percent of the total volume on each acre of trees 4.5 inches DBH or greater in any 10 year period is allowed. Volume may be considered to be equivalent to basal area;

ii. A well-distributed stand of trees which is windfirm, and other vegetation including existing ground cover, must be maintained; and,

iii. Within 75 feet, horizontal distance, of the normal high-water line of rivers and streams, and within 75 feet, horizontal distance, of the upland edge of freshwater or coastal wetlands, there must be no cleared openings. At distances greater than 75 feet, horizontal distance, of the normal high-water line of a river or upland edge of a wetland, timber harvesting and related activities must not create single cleared openings greater than 14,000 square feet in the forest canopy. Where such openings exceed 10,000 square feet, they must be at least 100 feet, horizontal distance, apart. Such cleared openings will be included in the calculation of total volume removal. Volume may be considered to be equivalent to basal area.

b. Option 2 (60 square foot basal area retention), as follows:

i. The residual stand must contain an average basal area of at least 60 square feet per acre of woody vegetation grater than or equal to 1.0 inch DBH, of which 40 square feet per acre must be greater than or equal to 4.5 inches DBH;

ii. A well-distributed stand of trees which is windfirm, and other vegetation including existing ground cover, must be maintained; and,

iii. Within 75 feet, horizontal distance, of the normal high-water line of water bodies and within 75 feet, horizontal distance, of the upland edge of wetlands, there must be no cleared openings. At distances greater than 75 feet, horizontal distance, of the normal high-water line of a river or upland edge of a wetland, timber harvesting and related activities must not create single cleared openings greater than 14,000 square feet in the forest canopy. Where such openings exceed 10,000 square feet, they must be at least 100 feet, horizontal distance, apart. Such cleared openings will be included in the calculation of the average basal area. Volume may be considered to be equivalent to basal area.

c. Option 3 (Outcome based), which requires: An alternative method proposed in an application, signed by a Licensed Forrester or certified wildlife professional, submitted by the landowner or designated agent to the State of Maine Department of Conservation’s Bureau of Forestry (Bureau) for review and approval, which provides equal or better protection of the shoreland area than this rule.

Landowners must designate on the Forest Operations Notification form required by 12 M.R.S.A. chapter 805, subchapter 5, which option they choose to use. If landowners choose Option 1 or Option 2, compliance will be determined solely on the criteria for the option chosen. If landowners choose Option 3, timber harvesting and related activities may not begin until the Bureau has approved the alternative method.

The Bureau may verify that adequate tree cover and a well-distributed stand of trees is retained through a field procedure that uses sample plots that are located randomly or systematically to provide a fair representation of the harvest area.

4. Skid trails, yards, and equipment operation. This requirement applies to the construction, maintenance, and use of skid trails and yards in shoreland areas.

a. Equipment used in timber harvesting and related activities shall not use river, stream or tributary stream channels as travel routes except when surface waters are frozen and snow covered, and the activity will not result in any ground disturbance.

b. Skid trails and yards must be designed and constructed to prevent sediment and concentrated water runoff from entering a water body, tributary stream, or wetland. Upon termination of their use, skid trails and yards must be stabilized.

c. Setbacks:

i. Equipment must be operated to avoid the exposure of mineral soil within 25 feet, horizontal distance, of any water body, tributary stream, or wetland. On slopes of 10 percent or greater, the setback for equipment operation must be increased by 20 feet, horizontal distance, plus an additional 10 feet, horizontal distance, for each 5 percent increase in slope above 10 percent. Where slopes fall away from the resource, no increase in the 25-foot setback is required.

ii. Where such setbacks are impracticable, appropriate techniques shall be used to avoid sedimentation of the water body, tributary stream or wetland. Such techniques may include the installation of sump holes or settling basins, and/or the effective use of additional ditch relief culverts and ditch water turnouts placed to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

5. Land Management Roads. Land management roads, including approaches to crossings of water bodies, tributary stream channels, and freshwater wetlands, ditches and other related structures, must be designed, constructed, and maintained to prevent sediment and concentrated water runoff from directly entering the water body, tributary stream or wetland. Surface water on or adjacent to water crossing approaches must be diverted through vegetative filter strips to avoid sedimentation of the watercourse or wetland. Because roadside ditches may not extend to the resource being crossed, vegetative filter strips must be established in accordance with the setback requirements in Section 15.O-1.7 of this rule.

a. Land management roads and associated ditches, excavation, and fill must be set back at least:

i. 100 feet, horizontal distance, from the normal high-water line of a river or freshwater or coastal wetland;

ii. 50 feet, horizontal distance, from the normal high-water line of streams; and

iii. 25 feet, horizontal distance, from the normal high-water line of tributary streams.

b. The minimum 100 foot setback specified in Section 15.O-1.5.a.i above may be reduced to no less than 50 feet, horizontal distance, and the 50 foot setback specified in Section 15.O-1.5.a.ii above may be reduced to no less than 25 feet, horizontal distance, if, prior to construction, the landowner or the landowner’s designated agent demonstrates to the Planning Board’s satisfaction that no reasonable alternative exists and that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed to avoid sedimentation of the water body, tributary stream or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

c. On slopes of 10 percent or greater, the land management road setback must be increased by at least 20 feet, horizontal distance, plus an additional 10 feet, horizontal distance, for each 5 percent increase in slope above 10 percent.

d. Ditches, culverts, bridges, dips, water turnouts and other water control installations associated with roads must be maintained on a regular basis to assure effective functioning. Drainage structures shall deliver a dispersed flow of water into an unscarified filter strip no less than the width indicated in the setback requirements in Section 15.O-1.7. Where such a filter strip is impracticable, appropriate techniques shall be used to avoid sedimentation of the water body, tributary stream, or wetland. Such techniques may include the installation of sump holes or settling basins, and/or the effective use of additional ditch relief culverts and ditch water turnouts placed to avoid sedimentation of the water body, tributary stream or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

e. Road closeout and discontinuance. Maintenance of the water control installations required in Section 15.O-1.5.d must continue until use of the road is discontinued and the road is put to bed by effective installation of water bars or other adequate road drainage structures at appropriate intervals, constructed to avoid surface water flowing over or under the water bar, and extending a sufficient distance beyond the traveled say so that water does not reenter the road surface.

f. Upgrading existing roads. Extension or enlargement of presently existing roads must conform to the provisions of Section 15.O-1. Any nonconforming existing road may continue to exist and to be maintained, as long as the nonconforming conditions are not made more nonconforming.

g. Exception. Extension or enlargement of presently existing roads need not conform to the setback requirements of Section 15.O-1.5.a if, prior to extension or enlargement, the landowner or the landowner’s designated agent demonstrates to the Planning Board’s satisfaction that no reasonable alternative exists and that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed to avoid sedimentation of the water body, tributary stream or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

h. Additional measures. In addition to the foregoing minimum requirements, persons undertaking construction and maintenance of roads and river, stream and tributary stream crossings must take reasonable measures to avoid sedimentation of surface waters.

6. Crossings of waterbodies. Crossings of rivers, streams and tributary streams must allow for fish passage at all times of the year, must not impound water, and must allow for the maintenance of normal flows.

a. Determination of flow. Provided they are properly applied and used for the circumstances for which they are designed, methods including but not limited to the following are acceptable as a means of calculating the 10 year and 25 year frequency water flows and thereby determining water crossing sizes as required in Section 15.O-1: The United States Geological Survey (USGS) Methods; specifically: Hodgkins G. 1999. Estimating the Magnitude of Peak Flows for Streams in Maine for Selected Recurrence Intervals. Water Resource Investigations Report 99-4008, 45 pp.

b. Upgrading existing water crossings. Extension or enlargement of presently existing water crossings must conform to the provisions of Section 15.O-1. Any nonconforming existing water crossing may continue to exist and be maintained, as long as the nonconforming conditions are not made more nonconforming; however, any maintenance or repair work done below the normal high-water line must conform to the provisions of Section 15.O-1.

c. Other agency permits. Any timber harvesting and related activities involving the design, construction, and maintenance of crossings on waterbodies other than a river, stream or tributary stream may require a permit from the Land Use Regulation Commission, the Department of Environmental Protection, or the US Army Corps of Engineers.

d. Any timber harvesting and related activities involving the design, construction, and maintenance of crossings of freshwater wetlands identified by the Department of Inland Fisheries and Wildlife as essential wildlife habitat require prior consultation with the Department of Inland Fisheries and Wildlife.

e. Notice to Bureau of Forestry. Written notice of all water crossing construction, maintenance, alteration and replacement activities in shoreland areas must be given to the Bureau prior to the commencement of such activities. Such notice must contain all information required by the Bureau, including:

i. a map showing the location of all proposed permanent crossings;

ii. the GPS location of all proposed permanent crossings;

iii. for any temporary or permanent crossing that requires a permit from state or federal agencies, a copy of the approved permit or permits; and

iv. a statement signed by the responsible party that all temporary and permanent crossings will be constructed, maintained, and closed out in accordance with the requirements of this Section.

f. Water crossing standards. All crossings of rivers require a bridge or culvert sized according to the requirements of Section 15.O-1.6.g below. Streams and tributary streams may be crossed using temporary structures that are not bridges or culverts provided:

i. concentrated water runoff does not enter the stream or tributary stream;

ii. sedimentation of surface waters is reasonably avoided;

iii. there is no substantial disturbance of the bank, or stream or tributary stream channel;

iv. fish passage is not impeded; and

v. water flow is not unreasonably impeded.

Subject to Section 15.O-1.6.f.i-v above, skid trail crossings of streams and tributary streams when channels of such streams and tributary streams are frozen and snow-covered or are composed of a hard surface which will not be eroded or otherwise damaged are not required to use permanent or temporary structures.

g. Bridge and culvert sizing. For crossings of river, stream and tributary stream channels with a bridge or culvert, the following requirements apply:

i. Bridges and culverts must be installed and maintained to provide an opening sufficient in size and structure to accommodate 10 year frequency water flows or with a cross-sectional area at least equal to 2 ½ times the cross-sectional area of the river, stream, or tributary stream channel.

ii. Temporary bridge and culvert sizes may be smaller than provided in Section 15.O-1.6.g.i if techniques are effectively employed such that in the event of culvert or bridge failure, the natural course of water flow is maintained and sedimentation of the water body or tributary stream is avoided. Such crossing structures must be at least as wide as the channel and placed above the normal high-water line. Techniques may include, but are not limited to, the effective use of any, a combination of, or all of the following:

(1) use of temporary skidder bridges;

(2) removing culverts prior to the onset of frozen ground conditions;

(3) using water bars in conjunction with culverts; and

(4) using road dips in conjunction with culverts.

iii. Culverts used in river, stream and tributary stream crossings must:

(1) be installed at or below river, stream or tributary stream bed elevation;

(2) be seated on firm ground;

(3) have soil compacted at least halfway up the side of the culvert;

(4) be covered by soil to a minimum depth of 1 foot or according to the culvert manufacturer’s specifications, whichever is greater; and

(5) have a headwall at the inlet end which is adequately stabilized by riprap or other suitable means to reasonably avoid erosion of material around the culvert.

iv. River, stream and tributary stream crossings allowed under Section 15.O-1, but located in flood hazard areas (i.e. A zones) as identified on a community’s Flood Insurance Rate Maps (FIRM) or Flood Hazard Boundary Maps (FHBM), must be designed and constructed under the stricter standards contained in that community’s National Flood Insurance Program (NFIP). For example, a water crossing may be required to pass a 100-year flood event.

v. Exception. Skid trail crossings of tributary streams within shoreland areas and wetlands adjacent to such streams may be undertaken in a manner not in conformity with the requirements of the foregoing subsections provided persons conducting such activities take reasonable measures to avoid the disruption of shoreline integrity, the occurrence of sedimentation of water, and the disturbance of stream banks, stream channels, shorelines, and soil lying within ponds and wetlands. If, despite such precautions, the disruption of shoreline integrity, sedimentation of water, or the disturbance of stream banks, stream channels, shorelines, or soil lying within ponds and wetlands occurs, such conditions must be corrected.

h. Skid trail closeout. Upon completion of timber harvesting and related activities, or upon the expiration of a Forest Operations Notification, whichever is earlier, the following requirements apply:

i. Bridges and culverts installed for river, stream and tributary stream crossings by skid trials must either be removed and areas of exposed soil stabilized, or upgraded to comply with the closeout standards for land management roads in Section 15.O-1.6.i below.

ii. Water crossing structures that are not bridges or culverts must either be removed immediately following timber harvesting and related activities, or, if frozen into the river, stream or tributary stream bed or bank, as soon as practical after snowmelt.

iii. River, stream and tributary stream channels, banks and approaches to crossings of water bodies and tributary streams must be immediately stabilized on completion of harvest, or, if the ground is frozen and/or snow-covered, as soon as practical after snowmelt. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

i. Land management and road closeout. Maintenance of the water control features must continue until use of the road is discontinued and the road is put to bed by taking the following actions:

i. Effective installation of water bars or other adequate road drainage structures at appropriate intervals, constructed to reasonably avoid surface water flowing over or under the water bar, and extending sufficient distance beyond the traveled way so that water does not reenter the road surface.

ii. Water crossing structures must be appropriately sized or dismantled and removed in a manner that reasonably avoids sedimentation of the water body or tributary stream.

iii. Any bridge or water crossing culvert in roads to be discontinued shall satisfy one of the following requirements:

(1) it shall be designed to provide an opening sufficient in size and structure to accommodate 25 year frequency water flows;

(2) it shall be designed to provide an opening with a cross-sectional area at least 3 ½ times the cross-sectional area of the river, stream or tributary stream channel; or

(3) it shall be dismantled and removed in a fashion to reasonably avoid sedimentation of the river, stream or tributary stream.

If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

7. Slope Table

Filter strips, skid trail setbacks, and land management road setbacks must be maintained as specified in Section 15.O-1, but in no case shall be less than shown in the following table.

Average slope of land between exposed mineral soil and shoreline (percent)	Width of strip between exposed mineral soil and shoreline (feet along surface of the ground)
0	25
10	45
20	65
30	85
40	105
50	125
60	145
70	165

P. Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting

1. Except to allow for the development of permitted uses, within a strip of land extending one hundred (100) feet, within the Limited Development District, or seventy-five (75) feet, within the Limited Residential/Commercial District and the Commercial Fisheries/Maritime Activities District, horizontal distance, of the normal high-water line or any other body of water, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:

a. There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a footpath not to exceed six (6) feet in width as measured between tree trunks and/or shrub stems is allowed provided that a cleared line of sight to the water through the buffer strip is not created.

b. Selective cutting of trees within the buffer strip is allowed provided that a well distributed stand of trees and other natural vegetation is maintained. For the purposes of Section 15.P.1.b a "well-distributed stand of trees" in a Limited Development District, shall be defined as maintaining a rating score of 24 or more in each 25-foot by 50-foot rectangular (1250 square feet) area as determined by the following rating system.

Diameter of tree at 4 1/2 feet above ground level (inches)	Points
2 - < 4	1
4 - < 8	2
8 - < 12	4
12 or greater	8

In the Limited Residential/Commercial District, a "well-distributed stand of trees" is defined as maintaining a minimum rating score of 16 per 25-foot by 50-foot rectangular area.

NOTE: As an example, if a 25-foot x 50-foot plot contains four trees between 2 and 4 inches in diameter, two trees between 4 and 8 inches in diameter, three trees between 8 and 12 inches in diameter, and two trees over 12 inches in diameter, the rating score is:

(4 x 1) + (2 x 2) + (3 x 4) + (2 x 8) = 36 points

If this were in the Limited Development District, trees totaling 12 points (36 – 24 = 12) may be removed from the plot, provided that no cleared openings are created.

Grade (Percent)	Spacing (Feet)
0-2	250
3-5	200-135
6-10	100-80
11-15	80-60
16-20	60-45
21+	40