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 lands from flooding and accelerated erosion; to protect archaeological and historic resources; 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.

Effective on: 12/9/2013

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.).

Effective on: 12/9/2013

1. The Shoreland Zone includes and applies only to those land areas:
   1. Within two hundred and fifty (250) feet, horizontal distance, of the normal high water line of any designated great pond, river, or salt water body; or,
   2. Within two hundred and fifty (250) feet, horizontal distance, of the upland edge of a coastal wetland, or of a non-forested, fresh water wetland of ten (10) or more contiguous acres; or,
   3. Within one hundred (100) feet, horizontal distance, of the normal high water line of any designated stream or brook.
   4. Flood plains along rivers, as defined by the 100 year flood plain 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, or other site-specific information. [Amended 5/26/09]
2. The provisions of the zone also apply to any structure built on, over, or abutting a dock, wharf, pier, or other structure extending below the normal high-water line of a water body. [Amended 5/26/09]
3. The provisions of the shoreland zone shall apply where applicable, in addition to any other provisions of this ordinance.

Effective on: 12/9/2013

The shoreland districts shall overlay the districts described in Div. II-19-1-3, and notwithstanding any other provision of the Ordinance, no use shall be allowed in a shoreland district which is not allowed as a permitted use or approved as a conditional use in the applicable underlying zone. Where a Shoreland Zone regulation appears to be in conflict with any other state or local rule, regulation, statute or restriction, the more restrictive requirement shall have precedence.

Effective on: 12/9/2013

No person shall engage in any use of land requiring a permit in the district in which it would occur, or expand or change an existing nonconforming use, or renew a discontinued use or convert a seasonal dwelling to a year-round dwelling occupied on a year-round basis as the principal dwelling place of the occupant, without first obtaining a permit.

Effective on: 12/9/2013

Applications for permits shall be submitted in accordance with requirements of the Community Development Department. Submissions of approved plans shall also meet the requirements of Section 19-128.a.5, Geographic Information System (GIS) Plan Submissions and Specifications.

Effective on: 12/9/2013

No building permit shall be issued for any structure or use involving the construction, installation or alteration of plumbing facilities unless a permit for such facilities has been secured by the applicant, or his authorized agent, in accordance with the requirements of this Ordinance.

Effective on: 12/9/2013

After the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:

1. will not result in unsafe and unhealthful conditions;
2. will not result in water pollution, erosion, or sedimentation to surface waters;
3. will adequately provide for the disposal of all wastewater;
4. will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;
5. will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;
6. will protect archaeological and historic resources as designated in the Comprehensive Plan;
7. will avoid problems associated with flood plain development and use; and
8. is in conformance with the Land Use Standards of Div. II-19-1-7

Prior to commencement of site work, the applicant shall pay an inspection fee as described on a fee schedule approved by Town Council order. [Adopted 7/25/22]

Effective on: 12/9/2013

In addition to the criteria specified in Section 19-94 above, excepting structure setback requirements, the Planning Board may approve a permit for a single family residential structure in a Resource Protection District provided that the applicant demonstrates that all of the following conditions are met:

1. There is no location on the property, other than a location within the Resource Protection District, where the structure can be built.
2. The lot on which the structure is proposed is undeveloped and was established and recorded in the registry of deeds of the county in which the lot is located before the adoption of the Resource Protection District.
3. All proposed buildings, sewage disposal systems and other improvements are:
   1. Located on natural ground slopes of less than 20%; and
   2. Located outside the floodway of the 100-year flood-plain along rivers and artificially formed great ponds along rivers and outside the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all buildings, including basements, are elevated at least one foot above the 100-year flood-plain elevation; and the development is otherwise in compliance with any applicable municipal flood-plain ordinance.
      
      If the floodway is not shown on the Federal Emergency Management Agency Maps, it is deemed to be 1/2 the width of the 100-year flood-plain.
4. The total ground-floor area, including cantilevered or similar overhanging extensions, of all principal and accessory structures is limited to a maximum of 1,500 square feet. This limitation shall not be altered by variance.
5. All structures, except functionally water-dependent structures, are set back from the normal high-water line of a water body, tributary stream or upland edge of a wetland to the greatest practical extent, but not less than 100 feet, horizontal distance. In determining the greatest practical extent, the Planning Board or its designee shall consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the flood-plain, and its proximity to wetlands.

Effective on: 12/9/2013

Following the issuance of a permit, if no substantial start is made in construction or in the use of the property within one year of the date of the permit, the permit shall lapse and become void.

Effective on: 12/9/2013

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 which is made a part of this Ordinance:

1. Resource Protection
2. Limited Residential
3. Limited Commercial
4. Stream Protection

Effective on: 12/9/2013

The Boundaries of the Shoreland Zone exist by reference to the definition set forth in Section 19-89. The Official Zoning Map is intended to be as precise as reasonably may be determined with respect to showing the Shoreland Districts referred to in Section 19-97 herein. Where uncertainty exists as to exact location of District boundary lines, the Planning Board shall be the final authority as to location.

Effective on: 12/9/2013

1. Resource Protection District
   The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas when they occur within the limits of the shoreland zone, exclusive of the Stream Protection District, except that areas which are currently developed need not be included within the Resource Protection District.
   1. Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, salt marshes and salt meadows, and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the Department as of May 1, 2006. [Amended 5/26/09] 
   2. Flood plains along rivers, as defined by the 100 year flood plain 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. This district shall also include 100 year flood plains adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood Hazard Boundary Maps.
   3. Areas of two (2) or more contiguous acres with sustained slopes of twenty (20%) percent or greater. In such areas, the boundary of the Resource Protection District shall extend a distance of fifty (50) feet, horizontal distance, beyond the top of slope moving away from the water body. Small areas of slopes less than twenty (20%) percent may be included where there is a consistent and well defined top of bank, or where such areas are completely surrounded by steeper slopes.
   4. Any forested or non-forested wetland area of two (2) or more contiguous acres falling within the 250 foot limit of the shoreland zone, which is not surficially connected to a water body during normal spring high water.
   5. Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.
2. Limited Residential District
   The Limited Residential District includes those areas suitable for residential and recreational development. It includes areas other than those in the Resource Protection District, or Stream Protection District, and areas which are used less intensively than those in the Limited Commercial District.
3. Limited Commercial District
   The Limited Commercial District includes areas of mixed, light commercial and residential uses, exclusive of the Stream Protection District. This district includes areas of two (2) or more contiguous acres in size devoted to, or appropriate for, a mix of residential and low intensity business and commercial uses. Industrial uses are prohibited.
4. Stream Protection District
   The Stream Protection District includes all land areas within one hundred (100) feet, horizontal distance, of the normal high water line of a designated stream.  

Effective on: 12/9/2013

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 Div. II-19-1-7. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.

Yes: Allowed (no permit required)
No: Prohibited
PB - Planning Board
CEO - Code Enforcement Officer
BZA - Board of Zoning Appeals
SP: Stream Protection
RP: Resource Protection
LR: Limited Residential
LC: Limited Commercial

Note 1: Uses not specifically listed and not similar to listed uses require an interpretation from the Board of Zoning Appeals.
Note 2: Single family structures may be allowed by special exception only according to the provisions of Section 19-95 Special Exceptions. Two-family residential structures are prohibited.
Note 3: Except when area is zoned for resource protection due to floodplain criteria in which case a permit is required from the Planning Board. [Adopted 5/26/09]

Effective on: 7/28/2014

All land use activities within the shoreland zone shall conform to the land use standards contained in Sections 19-101 through 19-116.

1. Minimum Lot Standards

Effective on: 12/9/2013

1. All spreading or disposal 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 seventy-five (75) feet, horizontal distance, of the normal high water line of a water body or the upland edge of designated wetlands.
3. Agricultural activities involving tillage of soil greater than forty thousand (40,000) square feet in surface area, or the spreading, disposal or storage of manure within the shoreland zone shall require a Soil and Water 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.
4. There shall be no new tilling of soil within seventy-five (75) feet, horizontal distance, of the normal high water line of a water body or the upland edge of designated wetlands.  Operations, including farmland that is fallow due to crop rotation normal to those 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 seventy-five (75) feet, horizontal distance, of the normal high water line of a water body or the upland edge of designated 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 Soil and Water Conservation Plan.

Effective on: 12/9/2013

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 below the normal highwater line of a water body or the upland edge of a designated wetland 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 highwater line of a water body or the upland edge of a designated wetland.

Effective on: 12/9/2013

[AMENDED 5/26/09]

The upland area immediately adjacent to a water body is known as the "riparian zone."  It functions to protect the water quality and wildlife values of the water body.  Vegetation within riparian zones: 1) provides essential habitat for a diversity of wildlife species, 2) serves as a natural filtration system for nutrients, sediments, and other pollutants, 3) maintains suitable water temperatures for aquatic life, and 4) provides food for a variety of fish and aquatic wildlife.  Vegetative cover also stabilizes shorelines preventing erosion damage to property and deterioration of water quality.  Finally, vegetation provides a visual screen between water uses and development.  For all of these reasons, restrictions must be placed on the removal of vegetation on properties adjacent to waterbodies. 

1. The cutting or removal of vegetation in the Resource Protection District shall be limited to that which is necessary for uses expressly authorized in that district.
2. In other shoreland districts, within a strip of land extending one hundred (100) feet, horizontal distance, of the normal high-water line of Great Ponds and seventy-five (75) feet, horizontal distance, of the normal high water line of a water body or the upland edge of a designated wetland, a buffer strip of vegetation shall be preserved as follows:
   1. 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 crown. However, a footpath not to exceed six (6) feet in width as measured between tree trunks is permitted provided that a cleared line of sight to the water through the buffer strip is not created.
   2. Selective cutting of trees within the buffer strip is permitted provided that a well distributed stand of trees and other vegetation is maintained.  For the purposes of this section a "well distributed stand of trees" adjacent to a great pond classified Great Pond Act or a river or stream flowing to a great pond classified Great Pond Act, 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:

1. 1. 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.
      
      Notwithstanding the above provisions, no more than forty (40) percent of the total volume of trees four (4) inches or more in diameter, measured at four and one-half (4 1/2) feet above ground level may be removed in any ten (10) year period.
      
      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:
      1. The 25-foot by 50-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;
      2. Each successive plot must be adjacent to, but not overlap a previous plot;
      3. Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this Ordinance;
      4. Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by is Ordinance;
      5. 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 19-104.2.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 ½) 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 planted into the plot.

1. 3. In order to protect water quality and wildlife habitat, existing vegetation under three (3) feet in height and other ground cover, including the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath as described in subsection 1) above.

   4. Pruning of tree branches on the bottom 1/3 of the tree is allowed.

   5. In order to maintain a buffer strip of vegetation when the removal of storm damaged, diseased, unsafe, or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.  Plantings must be sufficient to create a new forest canopy that will meet the requirements of Section 19-104.b.2 within ten (10) years.
      
      The provisions contained in this subsection b shall not apply to structures or uses which require direct access to the water as an operational necessity, such as public beaches, piers, docks, and retaining walls, nor to other functionally water dependent uses.  Clearing of vegetation for structures or uses that require direct access to the water as an operational necessity shall be limited to the minimum amount necessary.  Areas disturbed beyond these limits shall be replanted according to the requirements of this subsection.

3. At distances greater than one hundred (100) feet, horizontal distance, of the normal high-water line of Great Ponds and seventy-five (75) feet, horizontal distance, of the normal high water line of a water body or the upland edge of a designated wetland, cleared openings for development, including but not limited to, principal and accessory structures, driveways and sewage disposal areas, shall not exceed in the aggregate, twenty-five (25) percent of the lot area or ten thousand (10,000) square feet, whichever is greater, including land previously cleared.
4. At distances greater than one hundred (100) feet, horizontal distance, of the normal high-water line of Great Ponds and seventy-five (75) feet, horizontal distance, of the normal high water line of a water body or the upland edge of a designated wetland, removal of trees within areas not cleared for development shall be limited to forty (40) percent of the volume of trees four (4) inches or more in diameter, measured four and one-half (4 1/2) feet above ground level, in any ten (10) year period.  For the purposes of these standards, volume may be considered equivalent to basal area.
5. Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged, except to remove safety hazards or as allowed by this Ordinance.
6. Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.

Effective on: 12/9/2013

1. All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall require a written soil erosion and sedimentation control plan according to Section 19-72.
2. Natural and manmade drainage ways and drainage outlets shall be protected from erosion by 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.

Effective on: 12/9/2013

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 per acre.  A permit from the Planning Board shall be required for mineral exploration which exceeds the above limitations.

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 this section.
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 Great Pond Act or a river flowing to a great pond classified Great Pond Act, or within seventy-five (75) feet, horizontal distance, of the normal high-water line of any other water body, 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. 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:
   1. 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.
   2. The final graded slope shall be two and one-half to one (2 1/2:1) slope or flatter.
   3. 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.

Effective on: 12/9/2013

[AMENDED 5/26/09]

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 existing conditions, use, and character of the area. A temporary pier, dock or wharf in non-tidal waters 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.

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, Title 38 M.R.S.A., Section 480 C.

Effective on: 12/9/2013

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 Great Pond Act or a river that flows to a great pond classified Great Pond Act, and one hundred (100) feet, horizontal distance, from the normal high water line of a waterbody or the upland edge of a designated wetland unless no reasonable alternative exists as determined by the Planning Board.  If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than fifty (50) feet, horizontal distance, upon clear demonstration by the applicant that appropriate techniques will be used to prevent sedimentation of the water body.  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, 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.
   
   This paragraph shall neither apply to approaches to water crossings nor to roads nor driveways that provide access to permitted structures, nor to facilities located nearer to the shoreline 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 this section 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 its setback from a water body.
3. New roads and driveways are prohibited in a Resource Protection District except to provide access to permitted uses within the district, or as approved by the Planning Board upon a finding that no reasonable alternative route or location is available outside the district, in which case the road and/or driveway shall be set back as far as practicable from the normal high water line of a designated water body, stream, or upland edge of a wetland.
4. Road and driveway banks shall be no steeper than a slope of three (3) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Section 19-97.
5. Road and driveway grades shall be no greater than ten (10) percent except for short segments of less than two hundred (200) feet, which shall be no greater than twelve (12) percent, unless the Planning Board approves a higher percentage if it finds that that is needed to minimize cuts and fills and maximize erosion control.
6. 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 designated water body, 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.
7. 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:
   1. 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:

1. 2. Drainage dips may be used in place of ditch relief culverts only where the road or driveway grade is ten (10) percent or less.

   3. On sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed across the road at approximately a thirty (30) degree angle downslope from a line perpendicular to the centerline of the road or driveway.

   4. 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.

8. 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.

Effective on: 12/9/2013

1. All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules (“Rules”), and the following:
   1. 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
   2. a holding tank is not allowed for a first-time residential use in the shoreland zone.
      
      NOTE: The Rules, among other requirements, include:
      1. The minimum setback for new subsurface sewage disposal systems, excluding fill extensions,  shall be no less than one hundred (100) feet, horizontal distance, from the normal high water line of a perennial water body.  The minimum setback distances from water bodies for new subsurface sewage disposal systems shall not be reduced by variance on vacant lots.
      2. Replacement systems shall meet the standards for replacement systems as contained in the Rules.
2. Prior to the conversion of a seasonal dwelling to a year-round dwelling, the Code Enforcement Officer must determine that the existing septic system is capable of properly disposing of all wastes which would be generated by year-round use.  If the Code Enforcement Officer determines that the existing septic facilities are not adequate, a new septic system shall be installed prior to, or in connection with, the proposed conversion.

Effective on: 12/9/2013

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, or commercial development and other similar intensive land uses, shall require a soils report based on an onsite investigation and be prepared by statecertified professionals.

Certified persons may include Maine Certified Soil Scientists, Maine Licensed Professional Engineers, Maine 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.

Effective on: 12/9/2013

1. Unless otherwise provided for in Section 19-101, no dwelling or other structure shall be erected except on a lot which meets the minimum lot size and other dimensional requirements established under Div. II-19-1-3 for the underlying district over which the applicable shoreland district is located.
2. Land below the normal highwater line of a water body or upland edge of a designated wetland shall not be included toward calculating minimum lot area.
3. Any lot abutting a great pond, river, designated stream, or tidal water shall have a minimum width at all points of two hundred (200) feet measured in a straight line between, or parallel to, a line between the points of the intersection of the side lot lines at the normal high water line.
4. All structures shall be set back at least one hundred (100) feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a designated wetland. The water body or wetland setback provision shall neither apply to structures which require direct access to the water as an operational necessity, such as piers, docks and retaining walls, nor to other functionally waterdependent uses. 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.
5. For principal structures adjacent to coastal bluffs, 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 Licensed Professional Engineer, a Maine Certified Soil Scientist, a Maine Certified 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 Zoning Appeals.
6. 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. Accessory structures may be placed in accordance with the standards of the Floodplain Management Ordinance and need not meet the elevation requirements of this paragraph.
7. The total footprint area of all structures, parking lots, and other nonvegetated surfaces within the shoreland zone shall not exceed twenty (20) percent of the lot or a portion thereof, as located within the shoreland zone, including land area previously developed.
8. 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:
   1. The site has been previously altered and an effective vegetated buffer does not exist;
   2. 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;
   3. 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;
   4. The total height of the wall(s), in the aggregate, are no more than 24 inches, unless the Planning Board approves a greater height if it makes a positive finding that such is required in order to minimize erosion control, maximize slope stability, and is of an appropriate esthetic nature;
   5. 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.
   6. 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
   7. 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:
      1. 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;
      2. Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff;
      3. Only native species may be used to establish the buffer area;
      4. 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;
      5. A footpath not to exceed the standards in Sec. 19-104 b. may traverse the buffer;
9. 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 highwater 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, Title 38, Section 480C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

Effective on: 12/9/2013

In accordance with 38 M.R.S.A. section 438-B (5), the Town of Falmouth has chosen to have the statewide standards apply to timber harvesting and timber harvesting activities by authorizing the repeal of all provisions within the municipal shoreland zoning ordinance that regulate timber harvesting and timber harvesting activities in shoreland areas as stated in this section. It has notified the Director of the Bureau of Forestry within the Department of Conservation of this repeal.  This authorization shall take effect on the date that is consistent with the effective date of the statewide timber harvesting standards.  Then, beginning on the effective date of the statewide standards, the Bureau of Forestry will administer and enforce those standards within that municipality and section 19-112 shall be deleted.

1. Within the shoreland area along the Presumpscot River zoned Resource Protection due to the presence of steep slopes or multiple natural resources, a buffer strip meeting the standards set forth in Section 19-104.b. shall be maintained between the normal high water line of the waterbody and a line extending fifty (50) feet, horizontal distance, inland from the top of slope.
   
   Within the Resource Protection District along Mill Creek, a buffer strip meeting the standards set forth in Section 19-104.b. shall be maintained within one hundred and fifty (150) feet, horizontal distance, of the upland edge of the coastal wetland or the normal high-water line if no wetland is present.
2. Except in areas as described in subsection a. above, timber harvesting shall conform with the following provisions:
   1. Selective cutting of no more than forty (40) percent of the total volume of trees four (4) inches or more in diameter measured at four and one-half (4 1/2) feet above ground level on any lot in any ten (10) year period is permitted.  In addition:
      1. Within seventy-five (75) feet, horizontal distance, of the normal high water line of a water body or the upland edge of a designated wetland, there shall be no clearcut openings, and a well distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.
      2. At distances greater than seventy-five (75) feet, horizontal distance, from the normal high water line of a water body or the upland edge of a designated 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 (5,000) 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.  For the purposes of these standards, volume may be considered to be equivalent to basal area.
   2. 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 either 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 shall be removed.
   3. Timber harvesting equipment shall not use designated stream channels as travel routes except when:
      1. Surface waters are frozen; and
      2. The activity will not result in any ground disturbance.
   4. 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.
   5. Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or stream.  Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.
   6. 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 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.  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 from the normal high water line of a water body or upland edge of a designated wetland.

Effective on: 12/9/2013

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..

Effective on: 12/9/2013

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 may be permitted within the shoreland zone. New lots within the shoreland zone are required to have a minimum lot area of thirty thousand (30,000) square feet.
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, horizontal distance, from the normal high-water line of a great pond classified Great Pond Act or river flowing to a great pond classified Great Pond Act, 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.
3. 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.
4. 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.
5. 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.
6. 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.

Effective on: 12/9/2013

1. Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
2. Wastewater pump stations shall be exempt from structural setbacks in Section 19-111. 
3. The installation of essential services, other than road-side distribution lines and wastewater pump stations, are 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.
4. Damaged or destroyed public utility transmission and distribution lines, towers, culverts, pipes, drains, lines, wastewater pump stations and related equipment may be replaced or reconstructed without a permit.

Effective on: 7/28/2014

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, 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 Town Planning Board, Board of Zoning Appeals, or Code Enforcement Officer. The Town shall consider comments received from the Commission prior to rendering a decision on the application.

Note: The Maine Historic Preservation Commission maintains listings and locations of Historic Places in Falmouth.

Effective on: 12/9/2013