All land use activities within the shoreland zone shall
conform with the following provisions, if applicable.
(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, all dimensional requirements shall be met for
each additional dwelling unit, principal structure, or use.
NOTE: Municipalities may include provisions for
clustered housing within the shoreland zone provided that the overall
dimensional requirements, including frontage and lot area per dwelling unit,
are met. When determining whether dimensional requirements are met, only land
area within the shoreland zone shall be considered.
B.
Principal and Accessory
Structures
(1) All new principal and
accessory structures shall be set back at least one hundred (100) feet,
horizontal distance, from the normal high-water line of great ponds classified
GPA and rivers that flow to great ponds classified GPA, and seventy-five (75)
feet, horizontal distance, from the normal high-water line of other water
bodies, tributary streams, or the upland edge of a wetland, except that in the
General Development I District the setback from the normal high-water line
shall be at least twenty five (25) feet, horizontal distance, and in the
Commercial Fisheries/Maritime Activities District there shall be no minimum
setback. In the Resource Protection District the setback requirement shall be
250 feet, horizontal distance, except for structures, roads, parking spaces or
other regulated objects specifically allowed in that district in which case the
setback requirements specified above shall apply.
NOTE: The Natural Resources Protection
Act, 38 M.S.R.A. sections 480-A through 480-HH, requires the
Department of Environmental Protection to designate areas of "significant
wildlife habitat".
Permitting under the Natural Resources Protection
Act for activities adjacent to significant wildlife habitat areas may
require greater setbacks. Contact your local Department of Environmental
Protection office to see if additional permitting is required.
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) All principal structures
along Significant River Segments as listed in 38 M.R.S.A. section 437 (see
Appendix A), shall be set back a minimum of one hundred and twenty-five (125)
feet, horizontal distance, from the normal high-water line and shall be
screened from the river by existing vegetation. This provision does not apply
to structures related to hydropower facilities.
(c) 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 top of 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.
NOTE: A municipality may choose not to adopt
subparagraph B(1)(d) below. However, if a municipality elects to adopt a
provision similar to that subparagraph, it must be no less
restrictive.
(d) 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, and
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.
NOTE: All tidal land which is subject to tidal
action during the highest annual tide is coastal wetland.
NOTE: A municipality may within its ordinance,
authorize the Planning Board to increase the required setback of a proposed
structure, as a condition to permit approval, if necessary to accomplish the
purposes of this or dinance. Instances where a greater setback may be
appropriate include, but are not limited to: areas of steep slope; shallow or
erodible soils; or where an adequate vegetative buffer does not exist.
NOTE: A tributary stream may be perennial or
intermittent. Where a tributary stream is present within the shoreland zone,
setback standards from that tributary stream are
applicable.
(2)
Principal or accessory structures and expansions of existing structures which
are permitted in the Resource Protection, Limited Residential, Limited
Commercial, and Stream Protection Districts, 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.
NOTE: A municipality may also exempt a cupola,
dome, widow's walk or other similar feature from the height limits in
accordance with 38 M.R.S.A. Section 439-A(9).
(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
flood-plain soils. In those municipalities that participate in the National
Flood 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) With the exception of General Development
Districts located adjacent to coastal wetlands and rivers that do not flow to
great ponds, and Commercial Fisheries/Maritime Activities Districts,
non-vegetated surfaces shall not exceed a total of twenty (20) percent of the
portion of the lot located within the shoreland zone. This limitation does not
apply to public boat launching facilities regardless of the district in which
the facility is located.
In a General Development District located adjacent to
coastal wetlands, or rivers that do not flow to great ponds, or in a Commercial
Fisheries/Maritime Activities District, non-vegetated surfaces shall not exceed
a total of seventy (70) percent of the portion of the lot located within the
shoreland zone.
For the purposes of calculating lot coverage, non-vegetated
surfaces include, but are not limited to the following: structures, driveways,
parking areas, and other areas from which vegetation has been removed.
Naturally occurring ledge and rock out croppings are not counted as
nonvegetated surfaces when calculating lot coverage for lots of record on March
24, 1990 and in continuous existence since that date.
NOTE: A municipality may choose not to adopt
subparagraph B(5) below. However, if a municipality elects to adopt a provision
similar to that subparagraph, it must be no less restrictive.
(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 will be
constructed is legally existing lawn or is 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, are 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)
Flood 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 flood
plain soils.
(f) The area behind
the wall is revegetated 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 stormwater runoff;
(iii) Only native species may be used to
establish the buffer area;
(iv) A
minimum buffer width of 15 feet, horizontal distance, is required, measured
perpendicularly to the normal high-water line or upland edge of a
wetland;
(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 of 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.
NOTE: If a municipality elects not to regulate
structures and uses extending over or below a water body or wetland, Section
15(C) should not be incorporated into the Ordinance.
C.
Piers, Docks, Wharves, Bridges and
Other Structures and Uses Extending Over or Below the Normal High-Water Line of
a Water Body or Within a Wetland, and Shoreline Stabilization
(1) No more than one pier, dock, wharf or
similar structure extending or located below the normal high-water line of a
water body or within a wetland is allowed on a single lot; except that when a
single lot contains at least twice the minimum shore frontage as specified in
Section 15(A), a second structure may be allowed and may remain as long as the
lot is not further divided.
(2)
Access from shore shall be developed on soils appropriate for such use and
constructed so as to control erosion.
(3) The location shall not interfere with
existing developed or natural beach areas.
(4) The facility shall be located so as to
minimize adverse effects on fisheries.
(5) 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 waters shall not be wider than six feet for non-commercial
uses.
(6) 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.
NOTE: A structure constructed on a float or
floats is prohibited unless it is designed to function as, and is registered
with the Maine Department of Inland Fisheries and Wildlife as a watercraft.
(7) 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.
(8) 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.
(9) Except in the General Development
Districts and 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.
(10) Vegetation may be
removed in excess of the standards in Section 15(P) of this ordinance in order
to conduct shoreline stabilization of an eroding shoreline, provided that a
permit is obtained from the Planning Board. Construction equipment must access
the shoreline by barge when feasible as determined by the Planning Board.
(a) When necessary, the removal of trees and
other vegetation to allow for construction equipment access to the
stabilization site via land must be limited to no more than 12 feet in width.
When the stabilization project is complete the construction equipment access
way must be restored.
(b)
Revegetation must occur in accordance with Section 15(S).
NOTE: A permit pursuant to the Natural
Resource Protection Act is required from the Department of
Environmental Protection for Shoreline Stabilization activities.
NOTE: A municipality may adopt a provision such
as paragraph 11 below to allow the construction of decks over a river in a
downtown revitalization project, in accordance with 38 M.R.S.A. §
439-A(4-B).
(11) A deck over
a river may be exempted from the shoreland setback requirements if it is part
of a downtown revitalization project that is defined in a project plan approved
by the legislative body of the municipality, and may include the revitalization
of structures formerly used as mills that do not meet the structure setback
requirements, if the deck meets the following requirements:
(a) The total deck area attached to the
structure does not exceed 700 square feet;
(b) The deck is cantilevered over a segment
of a river that is located within the boundaries of the downtown revitalization
project;
(c) The deck is attached
to or accessory to an allowed commercial use in a structure that was
constructed prior to 1971 and is located within the downtown revitalization
project;
(d) The construction of
the deck complies with all other applicable standards, except the shoreline
setback requirements in section 15(B); and
(e) The construction of the deck complies
with all other state and federal laws.
NOTE: New permanent structures, and expansions
thereof, projecting into or over water bodies shall require a permit from the
Department of Environmental Protection pursuant to the Natural
Resources Protection Act, 38 M.R.S.A. section 480-C. Permits may also
be required from the Army Corps of Engineers if located in navigable
waters.
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 a minimum of one hundred
(100) feet, horizontal distance, from the normal high-water line of a great
pond classified GPA or a river flowing to a great pond classified GPA, and
seventy-five (75) feet, horizontal distance, from the normal high-water line of
other water bodies, tributary streams, 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 thirty thousand (30,000) square feet of
lot area within the shoreland zone, whichever is less, may be
permitted.
(2) When an individual
private campsite is proposed on a lot that contains another principal use
and/or structure, the lot must contain the minimum lot dimensional requirements
for the principal structure and/or use, and the individual private campsite
separately.
(3) Campsite placement
on any lot, including the area intended for a recreational vehicle or tent
platform, shall be set back one hundred (100) feet, horizontal distance, from
the normal high-water line of a great pond classified GPA or river flowing to a
great pond classified GPA, and seventy-five (75) feet, horizontal distance,
from the normal high-water line of other water bodies, tributary streams, or
the upland edge of a wetland.
(4)
Only one recreational vehicle shall be allowed on a campsite. The recreational
vehicle 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.
(5) The
clearing of vegetation for the siting of the recreational vehicle, tent or
similar shelter in a Resource Protection District shall be limited to one
thousand (1000) square feet.
(6) 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.
(7) 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.The following new commercial and industrial uses are prohibited
within the shoreland zone adjacent to great ponds classified GPA, and rivers
and streams which flow to great ponds classified GPA:
(1) Auto washing facilities
(2) Auto or other vehicle service and/or
repair operations, including body shops
(3) Chemical and bacteriological
laboratories
(4) Storage of
chemicals, including herbicides, pesticides or fertilizers, other than amounts
normally associated with individual households or farms
NOTE: 22 M.R.S.A. 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. If a municipality's ordinance is more inclusive or
restrictive than these Guidelines, as it pertains to pesticides, a copy of the
ordinance must be filed with the Board of Pesticides Control.
(5) Commercial painting, wood preserving, and
furniture stripping
(6) Dry
cleaning establishments
(7)
Electronic circuit assembly
(8)
Laundromats, unless connected to a sanitary sewer
(9) Metal plating, finishing, or
polishing
(10) Petroleum or
petroleum product storage and/or sale except storage on same property as use
occurs and except for storage and sales associated with marinas
(11) Photographic processing
(12) Printing
G.
Parking Areas
(1) Parking areas shall meet the shoreline
and tributary stream setback requirements for structures for the district in
which such areas are located, except that in the Commercial Fisheries/Maritime
Activities District parking areas shall be set back at least twenty-five (25)
feet, horizontal distance, from the shoreline. The setback requirement for
parking areas serving public boat launching facilities in Districts other than
the General Development I District and Commercial Fisheries/Mari time
Activities District shall be no less than fifty (50) feet, horizontal distance,
from the shoreline or tributary stream if the Planning Board finds that no
other reasonable alternative exists further from the shoreline or tributary
stream.
(2) Parking areas shall be
adequately sized for the proposed use and shall be designed to prevent
stormwater runoff from flowing directly into a water body, tributary stream or
wetland and where feasible, to retain all runoff on-site.
(3) In determining the appropriate size of
proposed parking facilities, the following shall apply:
(a) Typical parking space: Approximately ten
(10) feet wide and twenty (20) feet long, except that parking spaces for a
vehicle and boat trailer shall be forty (40) feet long.
(b) Internal travel aisles: Approximately
twenty (20) feet wide.
H.
Roads and Driveways.The
following standards shall apply to the construction of roads and/or driveways
and drainage systems, culverts and other related features.
(1) Roads and driveways shall be set back at
least one-hundred (100) feet, horizontal distance, from the normal high-water
line of a great pond classified GPA or a river that flows to a great pond
classified GPA, and seventy-five (75) feet, horizontal distance from the normal
high-water line of other water bodies, tributary streams, or the upland edge of
a wetland unless no reasonable alternative exists as determined by the Planning
Board. If no other reasonable alternative exists, the road and/or driveway
setback requirement shall be no less than fifty (50) feet, horizontal distance,
upon clear showing by the applicant 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 so as to avoid sedimentation of the water body, tributary
stream, or wetland.
On slopes of greater than twenty (20) percent the road
and/or driveway setback shall be increased by ten (10) feet, horizontal
distance, for each five (5) percent increase in slope above twenty (20)
percent.
Section 15(H)(1) does not apply to approaches to water
crossings or to roads or driveways that provide access to permitted structures
and facilities located nearer to the shoreline or tributary stream due to an
operational necessity, excluding temporary docks for recreational uses. Roads
and driveways providing access to permitted structures within the setback area
shall comply fully with the requirements of Section 15(H)(1) except for that
portion of the road or driveway necessary for direct access to the
structure.
(2) Existing
public roads may be expanded within the legal road right of way regardless of
their setback from a water body, tributary stream or wetland.
(3) New permanent roads are not allowed
within the shoreland zone along Significant River Segments except:
(a) To provide access to structures or
facilities within the zone; or
(b)
When the applicant demonstrates that no reasonable alternative route exists
outside the shoreland zone. When roads must be located within the shoreland
zone they shall be set back as far as practicable from the normal high-water
line and screened from the river by existing vegetation.
(4) New roads and driveways are prohibited in
a Resource Protection District except that the Planning Board may grant a
permit to construct a road or driveway to provide access to permitted uses
within the district. A road or driveway may also be approved by the Planning
Board in a Resource Protection District, upon a finding that no reasonable
alternative route or location is available outside the district. When a road or
driveway is permitted in a Resource Protection District the road and/or
driveway shall be set back as far as practicable from the normal high-water
line of a water body, tributary stream, or upland edge of a wetland.
(5) Road and driveway banks shall be no
steeper than a slope of two (2) horizontal to one (1) vertical, and shall be
graded and stabilized in accordance with the provisions for erosion and
sedimentation control contained in Section 15(T).
(6) Road and driveway grades shall be no
greater than ten (10) percent except for segments of less than two hundred
(200) feet.
(7) In order to prevent
road and driveway surface drainage from directly entering water bodies,
tributary streams or wetlands, roads and driveways shall be designed,
constructed, and maintained to empty onto an unscarified buffer strip at least
(50) feet plus two times the average slope, in width between the outflow point
of the ditch or culvert and the normal high-water line of a water body,
tributary stream, or upland edge of a wetland. Surface drainage which is
directed to an unscarified buffer strip shall be diffused or spread out to
promote infiltration of the runoff and to minimize channelized flow of the
drainage through the buffer strip.
(8) Ditch relief (cross drainage) culverts,
drainage dips and water turnouts shall be installed in a manner effective in
directing drainage onto unscarified buffer strips before the flow gains
sufficient volume or head to erode the road, driveway, or ditch. To accomplish
this, the following shall apply:
(a) Ditch
relief culverts, drainage dips and associated water turnouts shall be spaced
along the road, or driveway at intervals no greater than indicated in the
following table:
|
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
|
(b)
Drainage dips may be used in place of ditch relief culverts only where the
grade is ten (10) percent or less.
(c) On sections having slopes greater than
ten (10) percent, ditch relief culverts shall be placed at approximately a
thirty (30) degree angle downslope from a line perpendicular to the centerline
of the road or driveway.
(d) Ditch
relief culverts shall be sufficiently sized and properly installed in order to
allow for effective functioning, and their inlet and outlet ends shall be
stabilized with appropriate materials.
(9) Ditches, culverts, bridges, dips, water
turnouts and other storm water runoff control installations associated with
roads and driveways shall be maintained on a regular basis to assure effective
functioning.
I.
Signs.The following provisions shall govern the use of signs in the
Resource Protection, Stream Protection, Limited Residential and Limited
Commercial Districts:
(1) Signs relating to
goods and services sold on the premises shall be allowed, provided that such
signs shall not exceed six (6) square feet in area and shall not exceed two (2)
signs per premises. In the Limited Commercial District, however, such signs
shall not exceed sixteen (16) square feet in area. Signs relating to goods or
services not sold or rendered on the premises shall be prohibited.
(2) Name signs are allowed, provided such
signs shall not exceed two (2) signs per premises, and shall not exceed twelve
(12) square feet in the aggregate.
(3) Residential users may display a single
sign not over three (3) square feet in area relating to the sale, rental, or
lease of the premises.
(4) Signs
relating to trespassing and hunting shall be allowed without restriction as to
number provided that no such sign shall exceed two (2) square feet in
area.
(5) Signs relating to public
safety shall be allowed without restriction.
(6) No sign shall extend higher than twenty
(20) feet above the ground.
(7)
Signs may be illuminated only by shielded, non-flashing lights.
J.
Storm Water Runoff
(1) All new construction and development
shall be designed to minimize storm water runoff from the site in excess of the
natural pre development conditions. Where possible, existing natural runoff
control features, such as berms, swales, terraces and wooded areas, shall be
retained in order to reduce runoff and encourage infiltration of
stormwaters.
(2) Storm water runoff
control systems shall be maintained as necessary to ensure proper functioning.
NOTE: The Stormwater Management
Law(38 M.R.S.A. section 420-D) requires a full permit to be obtained
from the DEP prior to construction of a project consisting of 20,000 square
feet or more of impervious area or 5 acres or more of a developed area in an
urban impaired stream watershed or most-at-risk lake watershed, or a project
with 1 acre or more of developed area in any other stream, coastal or wetland
watershed. A permit-by-rule is necessary for a project with one acre or more of
disturbed area but less than 1 acre impervious area (20,000 square feet for
most-at-risk lakes and urban impaired streams) and less than 5 acres of
developed area. Further more, a Maine Construction General Permit is required
if the construction will result in one acre or more of disturbed
area.
K.
Septic Waste Disposal
(1) All
subsurface sewage disposal systems shall be installed in conformance with the
State of Maine Subsurface Wastewater Disposal Rules, and the following:
a) clearing or removal of woody vegetation
necessary to site a new system and any associated fill extensions, shall not
extend closer than seventy-five (75) feet, horizontal distance, from the normal
high-water line of a water body or the upland edge of a wetland and
b) a holding tank is not allowed for a
first-time residential use in the shoreland zone.
NOTE: The Maine Subsurface Wastewater Disposal
Rules require new systems, excluding fill extensions, to be constructed no less
than one hundred (100) horizontal feet from the normal high-water line of a
perennial water body. The minimum setback distance for a new subsurface
disposal system may not be reduced by variance.
L.
Essential Services
(1) Where feasible, the installation of
essential services shall be limited to existing public ways and existing
service corridors.
(2) The
installation of essential services, other than road-side distribution lines, is
not allowed in a Resource Protection or Stream Protection District, except to
provide services to a permitted use within said district, or except where the
applicant demonstrates that no reasonable alternative exists. Where allowed,
such structures and facilities shall be located so as to minimize any adverse
impacts on surrounding uses and resources, including visual impacts.
(3) Damaged or destroyed public utility
transmission and distribution lines, towers and related equipment may be
replaced or reconstructed without a permit.
M.
Mineral Exploration and
Extraction. Mineral exploration to determine the nature or extent of
mineral resources shall be accomplished by hand sampling, test boring, or other
methods which create minimal disturbance of less than one hundred (100) square
feet of ground surface. A permit from the Code Enforcement Officer shall be
required for mineral exploration which exceeds the above limitation. All
excavations, including test pits and holes, shall be immediately capped, filled
or secured by other equally effective measures to restore disturbed areas and
to protect the public health and safety.
Mineral extraction may be permitted under the following
conditions:
(1) A reclamation plan
shall be filed with, and approved, by the Planning Board before a permit is
granted. Such plan shall describe in detail procedures to be undertaken to
fulfill the requirements of Section 15 (M)(4) below.
(2) No part of any extraction operation,
including drainage and runoff control features, shall be permitted within one
hundred (100) feet, horizontal distance, of the normal high-water line of a
great pond classified GPA or a river flowing to a great pond classified GPA,
and within seventy-five (75) feet, horizontal distance, of the normal
high-water line of any other water body, tributary stream, or the upland edge
of a wetland. Extraction operations shall not be permitted within fifty (50)
feet, horizontal distance, of any property line without written permission of
the owner of such adjacent property.
(3) Developers of new gravel pits along
Significant River Segments shall demonstrate that no reasonable mining site
outside the shoreland zone exists. When gravel pits must be located within the
zone, they shall be set back as far as practicable from the normal high-water
line and no less than seventy-five (75) feet and screened from the river by
existing vegetation.
(4) 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 1301 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
graded 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.
(5) 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 former 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, horizontal
distance, of a great pond classified GPA or a river flowing to a great pond
classified GPA, or within seventy-five (75) feet horizontal distance, of other
water bodies, tributary streams, or wetlands. 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, horizontal distance, of
the normal high-water line of a great pond classified GPA; within seventy-five
(75) feet, horizontal distance, from other water bodies and coastal wetlands;
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 conformance with this provision may be
maintained.
(5) Newly established
livestock grazing areas shall not be permitted within one hundred (100) feet,
horizontal distance, of the normal high-water line of a great pond classified
GPA; within seventy-five (75) feet, horizontal distance, of other water bodies
and coastal wetlands, nor; within twenty-five (25) feet, horizontal distance,
of tributary streams and freshwater wetlands. Live stock 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 that has been filed with the planning
board.
NOTE: 7 M.R.S.A. section 155 requires a
municipality to provide the Commissioner of Agriculture, Conservation and
Forestry with a copy of any proposed ordinance that impacts farm operations.
The law further requires the Commissioner to review the proposed ordinance and
advise the municipality if the proposed ordinance would restrict or prohibit
the use of best management practices. A copy of a shoreland zoning ordinance
that regulates no more restrictively than contained in these Guidelines need
not be provided to the Commissioner of Agriculture, Food and Rural
Resources.
NOTE RELATING TO TIMBER HARVESTING
STANDARDS:
Title 38 M.R.S.A. section 438-A provides that,
notwithstanding other provisions of the Mandatory Shoreland Zoning
Act, the regulation of timber harvesting and timber harvesting
activities in shoreland areas must be in accordance with section 438-B and
rules adopted by the Maine Forest Bureau pursuant to Title 12, section 8867-B.
Section 438-B establishes three options from which each municipality may choose
as the State implements a set of statewide timber harvesting standards in
shoreland areas.
Option 1: The first option available to a
municipality is the complete repeal of timber harvesting provisions from the
shoreland zoning ordinance. Under this option the Bureau of Forestry will
administer the regulation of all forestry activities within the municipality.
Section 438-B(2) states:
A municipality may choose to have the statewide standards
apply to timber harvesting and timber harvesting activities in that
municipality by authorizing the repeal of all provisions within the municipal
shoreland zoning ordinance that regulate timber harvesting and timber
harvesting activities in shoreland areas and notifying the (Director of the
Bureau of Forestry within the Department of Agriculture, Conservation and
Forestry) of the repeal. The authorization must specify a repeal date. When a
municipality accepts the statewide standards in accordance with this
subsection, the (Director of the Bureau of Forestry) shall administer and
enforce the statewide standards within that municipality beginning on (January
1, 2013) or the municipal repeal date specified in the notification received
under this subsection.
Section 438-B(6) provides that, notwithstanding any provision
in a local ordinance to the contrary, beginning January 1, 2013 rules adopted
by the Bureau of Forestry under Title 12, section 8867-B will apply in all
municipalities that have accepted the statewide standards in accordance with
Option 1.
If a municipality chooses option 1, completely repealing the
municipal regulation of timber harvesting activities in the shoreland zone and
deferring the regulation of timber harvesting activities to the Bureau of
Forestry, the repeal should include all references to timber harvesting
regulations, including:
1. Section 14,
Table 1, Land Uses in the Shoreland Zone, Item 3 (forest
management activities except for timber harvesting & land management
roads), Item 4 (timber harvesting), and Item 27 (land management roads) of the
Table;
2. Section 15(O) in its
entirety (Section 15(O-1) would not have been adopted by those municipalities
that had elected to retain section 15(O), so there would be no need to repeal
section 15(O-1)); and
3. All
definitions in Section 17 pertaining to timber harvesting and forest management
activities, including the terms: Cross-sectional area, DBH, Disruption of
shoreline integrity, Forest management activities, Forest stand, Harvest area,
Land management road, Licensed forester, Residual basal area, Residual stand,
Skid road or skid trail, Slash, Timber harvesting and related activities, and
Wind firm.
Option 2: The second option available to the
municipality is the adoption of timber harvesting standards that are identical
to the statewide standards. This option allows the municipality to retain some
local control over the administration and enforcement of timber harvesting in
the shoreland zone, while receiving assistance and expertise from staff of the
Bureau of Forestry. Section 438-B(3) states:
A municipality may adopt an ordinance to regulate timber
harvesting and timber harvesting activities that is identical to the statewide
standards. A municipality that adopts an ordinance under this subsection may
request the director (of the Bureau of Forestry) to administer and enforce the
ordinance or to participate in joint administration and enforcement of the
ordinance with the municipality beginning on the effective date of the
statewide standards (January 1, 2013) or within 60 days of the director's
receiving a request. When a municipality requests joint responsibilities, the
director and the municipality shall enter into an agreement that delineates the
administrative and enforcement duties of each. To continue to receive
administrative and enforcement assistance from the (Bureau of Forestry) under
this subsection, a municipality must amend its ordinance as necessary to
maintain identical provisions with the statewide standards.
Section 438-B(6) provides that, notwithstanding any provision
in a local ordinance to the contrary, beginning January 1, 2013 rules adopted
by the Bureau of Forestry under Title 12, section 8867-B will apply in all
municipalities that have adopted an ordinance identical to the statewide
standards in accordance with Option 2.
For those municipalities that choose option 2, these
Guidelines contain timber harvesting standards that are based on the June 15,
2005 Bureau of Forestry Chapter 21 statewide standards (Section 15.O-1).
Provisions for culvert sizing in this section 15.O-1 have been updated to
comply with current NRPA standards, and a reference to Bureau of Forestry
definitions for terms used in this section has been added. However, before a
municipality adopts or amends this section they should consult with the Bureau
of Forestry to get the latest version of Chapter 21. A municipality amending
their own forestry standards, whether under Option 2 or Option 3, is required
to coordinate with the Bureau of Forestry through the Title 12, section 8869,
subsection 8 process to ensure that any local amendments are consistent with
the statewide standards in effect at the time of the local ordinance
amendments.
Option 3: The third option available to the
municipality is to retain its current timber harvesting standards. Section
438-B(4) states:
A municipal ordinance regulating timber harvesting and timber
harvesting activities that is in effect and consistent with state laws and
rules in effect on December 31, 2005 continues in effect unless action is taken
in accordance with (Option 1 or Option 2 above). A municipality that retains an
ordinance with provisions that differ from the statewide standards shall
administer and enforce that ordinance unless the municipality requests that the
director (of the Bureau of Forestry) administer and enforce the ordinance and
the director agrees with the request after reviewing the ordinance. The
director may not administer or enforce any ordinance that is more stringent
than or significantly different from the requirements of section 438-B(3). A
municipality may not amend a municipal ordinance regulating timber harvesting
and timber harvesting activities unless the process established in Title 12,
section 8869, subsection 8 is followed. Beginning on (January 1, 2013), a
municipality may not amend an ordinance regulating timber harvesting and timber
harvesting activities in a manner that results in standards that are less
stringent than or otherwise conflict with the statewide standards (Section
438-B(4)).
Option 3 municipalities may also amend their timber
harvesting ordinances in accordance with section 15.O-1, but before a
municipality amends their ordinance they should consult with the Bureau of
Forestry to get the latest version of Chapter 21. A municipality amending their
forestry standards, whether under Option 2 or Option 3, is required to
coordinate with the Bureau of Forestry through the Title 12, section 8869,
subsection 8 process to ensure that any local amendments are consistent with
the statewide standards in effect at the time of the local ordinance
amendments.
O-1.Timber Harvesting - Statewide
Standards
(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, waterbody 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)(2) 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
actively 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 great ponds, 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 wind firm, 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, streams, and great ponds, and within 75
feet, horizontal distance, of the upland edge of a freshwater or coastal
wetlands, there must be no cleared openings. At distances greater than 75 feet,
horizontal distance, of the normal high-waterline of a river or great pond 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 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
greater 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 wind firm, 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-waterline of a river or great pond, 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 equivalent to
basal area.
(c)
Option 3 (Outcome based), which requires: An alternative method
proposed in an application, signed by a Licensed Forester 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 shorel and 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 land owners 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 avoidsed imentation 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 fresh water wet lands, 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 great pond, 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-waterline 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 bereduced 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 avoidsed imentation 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) New land management roads are not allowed
within the shoreland area along Significant River Segments as identified in 38
M.R.S.A. section 437, nor in a Resource Protection District, unless, prior to
construction, the landowner or the landowner's designated agent makes a clear
demonstration to the Planning Board's satisfaction that no reasonable
alternative route exists outside the shoreland zone, and that the new road must
be set back as far as practicable from the normal high-water line and screened
from the river by existing vegetation.
(e) 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 turn outs 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.
(f)
Road closeout
and discontinuance.Maintenance of the water control installations
required in Section 15(O-1)(5)(e) 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 way so that water does not
reenter the road surface.
(g)
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.
(h)
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 shore line integrity occurs, such conditions must be
corrected.
(i)
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 water bodies.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. U.S. Geological Survey. Water Resources
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
then on conforming 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 Section15(O-1).
(c)
Other Agency Permits. Any
timber harvesting and related activities involving the design, construction,
and maintenance of crossings on water bodies 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 Section15(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 25 year frequency water flows or with a cross-sectional area at
least equal to 3 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;
4. using road dips in
conjunction with culverts.
(iii) Culverts utilized 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 head wall
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, streamand tributary
stream crossings allowed under Section 15(O-1), but located in flood
hazardareas (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 maybe 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, and 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 trails must
either be removed and areas of exposed soil stabilized, or upgraded to comply
with the closeout standards for land management roads in Section15(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
shore line integrity occurs, such conditions must be corrected.
(i)
Land management 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 31/2 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 avoidsed imentation of the river, stream or
tributary stream.
If, despite such precautions, sedimentation or the disruption
of shore lineintegrity 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 the 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
|
(8)
Definitions.Unless otherwise provided herein, this Section O-1
incorporates by reference the definitions contained in the Maine Forest Service
Rules Chapter 20, "Forest Regeneration and Clear cutting Standards", and
Chapter 21, "Statewide Standards for Timber Harvesting and Related Activities
in Shoreland Areas".
P.
Clearing or Removal of Vegetation for Activities Other Than Timber
Harvesting
(1) In a Resource
Protection District abutting a great pond, there shall be no cutting of
vegetation within the strip of land extending 75 feet, horizontal distance,
inland from the normal high-water line, except to remove hazard trees as
described in section Q..
Elsewhere, in any Resource Protection District the cutting
or removal of vegetation shall be limited to that which is necessary for uses
expressly authorized in that district.
(2) Except in areas as described in Section
P(1), above, within a strip of land extending one-hundred (100) feet,
horizontal distance, inland from the normal high-water line of a great pond
classified GPA or a river flowing to a great pond classified GPA, or within a
strip extending seventy-five (75) feet, horizontal distance, from any other
water body, 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 single footpath not to exceed six (6) feet in
width as measured between tree trunks and/or shrub stems is allowed for
accessing the shoreline 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)(2)(b)
a "well-distributed stand of trees" adjacent to a great pond classified GPA or
a river or stream flowing to a great pond classified GPA, 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 in.
|
1
|
|
4 - < in.
|
2
|
|
8-< 12 in.
|
4
|
|
12 in. or greater
|
8
|
Adjacent to other water bodies, tributary streams, and
wetlands, 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, adjacent to a great pond,
if a 25-foot x 50-foot plot contains four (4) 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:
(4x1)+(2x2) + (3x4) + (2x8) = 36 points
Thus, the 25-foot by 50-foot plot contains trees worth 36
points. Trees totaling 12 points (36- 24 =12) may be removed from the plot
provided that no cleared openings are created.
The following shall govern in applying this point
system:
(i) The 25-foot by 50-foot
rectangular plots must be established where the landowner or lessee proposes
clearing within the required buffer;
(ii) Each successive plot must be adjacent
to, but not overlap a previous plot;
(iii) Any plot not containing the required
points must have no vegetation removed except as otherwise allowed by this
Ordinance;
(iv) Any plot containing
the required points may have vegetation removed down to the minimum points
required or as otherwise allowed by is Ordinance;
(v) Where conditions permit, no more than 50%
of the points on any 25-foot by 50-foot rectangular area may consist of trees
greater than 12 inches in diameter.
For the purposes of Section 15(P)(2)(b) "other natural
vegetation" is defined as retaining existing vegetation under three (3) feet in
height and other ground cover and retaining at least five (5) saplings less
than two (2) inches in diameter at four and one half (4 1/2) feet above
ground level for each 25-foot by 50-foot rectangle area. If five saplings do
not exist, no woody stems less than two (2) inches in diameter can be removed
until 5 saplings have been recruited into the plot.
NOTE:A municipality may elect to retain their
present "point system" that is based on 25-foot by 25-foot plots. If so, the
paragraph above must be modified as follows:
For the purposes of Section 15(P)(2)(b), "other natural
vegetation" is defined as retaining existing vegetation under three (3) feet in
height and other ground cover and retaining at least three (3) saplings less
than two (2) inches in diameter at four and one-half (4 1/2) feet above
ground level for each 25-foot by 25-foot rectangular area. If three (3)
saplings do not exist, no woody stems less than two (2) inches in diameter can
be removed until 3 saplings have been recruited into the plot.
Subparagraph 15 (P)(2)(b) must also be modified to make it
clear that the point system establishes only a "well-distributed stand of
trees" not a well-distributed stand of trees and other vegetation. "Other
vegetation" is described elsewhere.
Notwithstanding the above provisions, no more than 40% of the
total volume of trees four (4) inches or more in diameter, measured at 4 1/2
feet above ground level may be removed in any ten (10) year
period.
(c) In
order to protect water quality and wildlife habitat, existing vegetation under
three (3) feet in height and other ground cover, including leaf litter and the
forest duff layer, shall not be cut, covered, or removed, except to provide for
a footpath or other permitted uses as described in Section 15(P) paragraphs (2)
and (2)(a) above.
(d) Pruning of
tree branches, on the bottom 1/3 of the tree is allowed.
(e) In order to maintain a buffer strip of
vegetation, when the removal of storm-damaged, dead or hazard trees results in
the creation of cleared openings, these openings shall be replanted with native
tree species in accordance with Section Q, below, unless existing new tree
growth is present.
(f) In order to
maintain the vegetation in the shoreline buffer, clearing or removal of
vegetation for allowed activities, including associated construction and
related equipment operation, within or outside the shoreline buffer, must
comply with the requirements of Section 15.P(2).
(3) At distances greater than one hundred
(100) feet, horizontal distance, from a great pond classified GPA or a river
flowing to a great pond classified GPA, and seventy-five (75) feet, horizontal
distance, from the normal high-water line of any other water body, tributary
stream, or the upland edge of a wetland, there shall be allowed on any lot, in
any ten (10) year period, selective cutting of not more than forty (40) percent
of the volume of trees four (4) inches or more in diameter, measured 4 1/2 feet
above ground level. Tree removal in conjunction with the development of
permitted uses shall be included in the forty (40) percent calculation. For the
purposes of these standards volume may be considered to be equivalent to basal
area.
In no event shall cleared openings for any purpose,
including but not limited to, principal and accessory structures, driveways,
lawns and sewage disposal areas, exceed in the aggregate, 25% of the lot area
within the shoreland zone or ten thousand (10,000) square feet, whichever is
greater, including land previously cleared. This provision applies to the
portion of a lot within the shoreland zone, including the buffer area, but
shall not apply to the General Development or Commercial Fisheries/Maritime
Activities Districts.
(4)
Legally existing nonconforming cleared openings may be maintained, but shall
not be enlarged, except as allowed by this Ordinance.
(5) Fields and other cleared openings which
have reverted to primarily shrubs, trees, or other woody vegetation shall be
regulated under the provisions of Section15(P).
Q.
Hazard Trees, Storm-Damaged Trees,
and Dead Tree Removal
(1) Hazard trees
in the shoreland zone may be removed without a permit after consultation with
the Code Enforcement Officer if the following requirements are met:
(a) Within the shoreline buffer, if the
removal of a hazard tree results in a cleared opening in the tree canopy
greater than two hundred and fifty (250) square feet, replacement with native
tree species is required, unless there is new tree growth already present. New
tree growth must be as near as practicable to where the hazard tree was removed
and be at least two (2) inches in diameter, measured at four and one half (4.5)
feet above the ground level. If new growth is not present, then replacement
trees shall consist of native species and be at least four (4) feet in height,
and be no less than two (2) inches in diameter. Stumps may not be
removed.
(b) Outside of the
shoreline buffer, when the removal of hazard trees exceeds forty (40) percent
of the volume of trees four (4) inches or more in diameter, measured at four
and one half (4.5) feet above ground level in any ten (10) year period, and/or
results in cleared openings exceeding twenty-five (25) percent of the lot area
within the shoreland zone, or ten thousand (10,000) square feet, whichever is
greater, replacement with native tree species is required, unless there is new
tree growth already present. New tree growth must be as near as practicable to
where the hazard tree was removed and be at least two (2) inches in diameter,
measured at four and one half (4.5) feet above the ground level. If new growth
is not present, then replacement trees shall consist of native species and be
at least two (2) inches in diameter, measured at four and one half (4.5) feet
above the ground level.
(c) The
removal of standing dead trees, resulting from natural causes, is permissible
without the need for replanting or a permit, as long as the removal does not
result in the creation of new lawn areas, or other permanently cleared areas,
and stumps are not removed. For the purposes of this provision dead trees are
those trees that contain no foliage during the growing season.
(d) The Code Enforcement Officer may require
the property owner to submit an evaluation from a licensed forester or arborist
before any hazard tree can be removed within the shoreland zone.
(e) The Code Enforcement Officer may require
more than a one-for-one replacement for hazard trees removed that exceed eight
(8) inches in diameter measured at four and one half (4.5) feet above the
ground level.
(2)
Storm-damaged trees in the shoreland zone may be removed without a permit after
consultation with the Code Enforcement Officer if the following requirements
are met:
(a) Within the shoreline buffer,
when the removal of storm-damaged trees results in a cleared opening in the
tree canopy greater than two hundred and fifty (250) square feet, replanting is
not required, but the area shall be required to naturally revegetate, and the
following requirements must be met:
(i) The
area from which a storm-damaged tree is removed does not result in new lawn
areas, or other permanently cleared areas;
(ii) Stumps from the storm-damaged trees may
not be removed;
(iii) Limbs damaged
from a storm event may be pruned even if they extend beyond the bottom
one-third (1/3) of the tree; and
(iv) If after one growing season, no natural
regeneration or regrowth is present, replanting of native tree seedlings or
saplings is required at a density of one seedling per every eighty (80) square
feet of lost canopy.
(b)
Outside of the shoreline buffer, if the removal of storm damaged trees exceeds
40% of the volume of trees four (4) inches or more in diameter, measured at
four and one half (4.5) feet above the ground level in any ten (10) year
period, or results, in the aggregate, in cleared openings exceeding 25% of the
lot area within the shoreland zone or ten thousand (10,000) square feet,
whichever is greater, and no natural regeneration occurs within one growing
season, then native tree seedlings or saplings shall be replanted on a
one-for-one basis.
R.
Exemptions to Clearing and
Vegetation Removal Requirements
The following activities are exempt from the clearing and
vegetation removal standards set forth in Section 15(P), provided that all
other applicable requirements of this chapter are complied with, and the
removal of vegetation is limited to that which is necessary:
(1) The removal of vegetation that occurs at
least once every two (2) years for the maintenance of legally existing areas
that do not comply with the vegetation standards in this chapter, such as but
not limited to cleared openings in the canopy or fields. Such areas shall not
be enlarged, except as allowed by this section. If any of these areas, due to
lack of removal of vegetation every two (2) years, reverts back to primarily
woody vegetation, the requirements of Section 15(P) apply;
(2) The removal of vegetation from the
location of allowed structures or allowed uses, when the shoreline setback
requirements of section 15(B) are not applicable;
(3) The removal of vegetation from the
location of public swimming areas associated with an allowed public
recreational facility;
(4) The
removal of vegetation associated with allowed agricultural uses, provided best
management practices are utilized, and provided all requirements of section
15(N) are complied with;
(5) The
removal of vegetation associated with brown fields or voluntary response action
program (VRAP) projects provided that the removal of vegetation is necessary
for remediation activities to clean-up contamination on a site in a general
development district, commercial fisheries and maritime activities district or
other equivalent zoning district approved by the Commissioner that is part of a
state or federal brown fields program or a voluntary response action program
pursuant 38 M.R.S.A section 343-E, and that is located along:
(a) A coastal wetland; or
(b) A river that does not flow to a great
pond classified as GPA pursuant to 38 M.R.S.A section 465-A.
(6) The removal of non-native
invasive vegetation species, provided the following minimum requirements are
met:
(a) If removal of vegetation occurs via
wheeled or tracked motorized equipment, the wheeled or tracked motorized
equipment is operated and stored at least twenty-five (25) feet, horizontal
distance, from the shoreline, except that wheeled or tracked equipment may be
operated or stored on existing structural surfaces, such as pavement or
gravel;
(b) Removal of vegetation
within twenty-five (25) feet, horizontal distance, from the shoreline occurs
via hand tools; and
(c) If
applicable clearing and vegetation removal standards are exceeded due to the
removal of non-native invasive species vegetation, the area shall be
revegetated with native species to achieve compliance.
NOTE: An updated list of non-native invasive
vegetation is maintained by the Department of Agriculture, Conservation and
Forestry's Natural Areas Program:
http://www.maine.gov/dacf/mnap/features/invasive_plants/invasives.htm
(7) The removal of vegetation
associated with emergency response activities conducted by the Department, the
U.S. Environmental Protection Agency, the U.S. Coast Guard, and their agents.
S.
Revegetation
Requirements
When revegetation is required in response to violations of
the vegetation standards set forth in Section 15(P), to address the removal of
non- native invasive species of vegetation, or as a mechanism to allow for
development that may otherwise not be permissible due to the vegetation
standards, including removal of vegetation in conjunction with a shoreline
stabilization project, the revegation must comply with the following
requirements.
(1) The property owner
must submit a revegetation plan, prepared with and signed by a qualified
professional, that describes revegetation activities and maintenance. The plan
must include a scaled site plan, depicting where vegetation was, or is to be
removed, where existing vegetation is to remain, and where vegetation is to be
planted, including a list of all vegetation to be planted.
(2) Revegetation must occur along the same
segment of shoreline and in the same area where vegetation was removed and at a
density comparable to the pre-existing vegetation, except where a shoreline
stabilization activity does not allow revegetation to occur in the same area
and at a density comparable to the pre-existing vegetation, in which case
revegetation must occur along the same segment of shoreline and as close as
possible to the area where vegetation was removed:
(3) If part of a permitted activity,
revegetation shall occur before the expiration of the permit. If the activity
or revegetation is not completed before the expiration of the permit, a new
revegetation plan shall be submitted with any renewal or new permit
application.
(4) Revegetation
activities must meet the following requirements for trees and saplings:
(a) All trees and saplings removed must be
replaced with native noninvasive species;
(b) Replacement vegetation must at a minimum
consist of saplings;
(c) If more
than three (3) trees or saplings are planted, then at least three (3) different
species shall be used;
(d) No one
species shall make up 50% or more of the number of trees and saplings planted;
(e) If revegetation is required
for a shoreline stabilization project, and it is not possible to plant trees
and saplings in the same area where trees or saplings were removed, then trees
or sapling must be planted in a location that effectively reestablishes the
screening between the shoreline and structures; and
(f) A survival rate of at least eighty (80)
percent of planted trees or saplings is required for a minimum five (5) years
period.
(5) Revegetation
activities must meet the following requirements for woody vegetation and other
vegetation under three (3) feet in height:
(a) All woody vegetation and vegetation under
three (3) feet in height must be replaced with native noninvasive species of
woody vegetation and vegetation under three (3) feet in height as
applicable;
(b) Woody vegetation
and vegetation under three (3) feet in height shall be planted in quantities
and variety sufficient to prevent erosion and provide for effective
infiltration of stormwater;
(c) If
more than three (3) woody vegetation plants are to be planted, then at least
three (3) different species shall be planted;
(d) No one species shall make up 50% or more
of the number of planted woody vegetation plants; and
(e) Survival of planted woody vegetation and
vegetation under three feet in height must be sufficient to remain in
compliance with the standards contained within this chapter for minimum of five
(5) years
(6)
Revegetation activities must meet the following requirements for ground
vegetation and ground cover:
(a) All ground
vegetation and ground cover removed must be replaced with native herbaceous
vegetation, in quantities and variety sufficient to prevent erosion and provide
for effective infiltration of stormwater;
(b) Where necessary due to a lack of
sufficient ground cover, an area must be supplemented with a minimum four (4)
inch depth of leaf mulch and/or bark mulch to prevent erosion and provide for
effective infiltration of stormwater; and
(c) Survival and functionality of ground
vegetation and ground cover must be sufficient to remain in compliance with the
standards contained within this chapter for minimum of five (5)
years.
T.
Erosion and Sedimentation Control
(1) All activities which involve filling,
grading, excavation or other similar activities which result in unstabilized
soil conditions and which require a permit shall also require a written soil
erosion and sedimentation control plan. The plan shall be submitted to the
permitting authority for approval and shall include, where applicable,
provisions for:
(a) Mulching and revegetation
of disturbed soil.
(b) Temporary
runoff control features such as hay bales, silt fencing or diversion
ditches.
(c) Permanent
stabilization structures such as retaining walls or rip-rap.
(2) In order to create the least
potential for erosion, development shall be designed to fit with the topography
and soils of the site. Areas of steep slopes where high cuts and fills may be
required shall be avoided wherever possible, and natural contours shall be
followed as closely as possible.
(3) Erosion and sedimentation control
measures shall apply to all aspects of the proposed project involving land
disturbance, and shall be in operation during all stages of the activity. The
amount of exposed soil at every phase of construction shall be minimized to
reduce the potential for erosion.
(4) Any exposed ground area shall be
temporarily or permanently stabilized within one (1) week from the time it was
last actively worked, by use of riprap, sod, seed, and mulch, or other
effective measures. In all cases permanent stabilization shall occur within
nine (9) months of the initial date of exposure. In addition:
(a) Where mulch is used, it shall be applied
at a rate of at least one (1) bale per five hundred (500) square feet and shall
be maintained until a catch of vegetation is established.
(b) Anchoring the mulch with netting, peg and
twine or other suitable method may be required to maintain the mulch
cover.
(c) Additional measures
shall be taken where necessary in order to avoid siltation into the water. Such
measures may include the use of staked hay bales and/or silt fences.
(5) Natural and man-made drainage
ways and drainage outlets shall be protected from erosion from water flowing
through them. Drainage ways shall be designed and constructed in order to carry
water from a twenty five (25) year storm or greater, and shall be stabilized
with vegetation or lined with riprap.
U.
Soils. All land uses shall be
located on soils in or upon which the proposed uses or structures can be
established or maintained without causing adverse environmental impacts,
including severe erosion, mass soil movement, improper drainage, and water
pollution, whether during or after construction. Proposed uses requiring
subsurface waste disposal, and commercial or industrial development and other
similar intensive land uses, shall require a soils report based on an on-site
investigation and be prepared by state-certified professionals. Certified
persons may include Maine Certified Soil Scientists, Maine Registered
Professional Engineers, Maine State Certified Geologists and other persons who
have training and experience in the recognition and evaluation of soil
properties. The report shall be based upon the analysis of the characteristics
of the soil and surrounding land and water areas, maximum ground water
elevation, presence of ledge, drainage conditions, and other pertinent data
which the evaluator deems appropriate. The soils report shall include
recommendations for a proposed use to counteract soil limitations where they
exist.
V.
Water
Quality. No activity shall deposit on or into the ground or discharge to
the waters of the State any pollutant that, by itself or in combination with
other activities or substances, will impair designated uses or the water
classification of the water body, tributary stream or wetland.
W.
Archaeological Site. Any
proposed land use activity involving structural development or soil disturbance
on or adjacent to sites listed on, or eligible to be listed on the National
Register of Historic Places, as determined by the permitting authority, shall
be submitted by the applicant to the Maine Historic Preservation Commission for
review and comment, at least twenty (20) days prior to action being taken by
the permitting authority. The permitting authority shall consider comments
received from the Commission prior to rendering a decision on the application.
NOTE: Municipal officials should contact the
Maine Historic Preservation Commission for the listing and location of Historic
Places in their community.
