Madison City Zoning Code
§ 478-15
Land use standards.
All land use activities within the Shoreland Zone shall conform with the following provisions, if applicable.
A.
Minimum lot standards.
(1)
Area and frontage.
Use | Minimum Lot Area (square feet) | Minimum Shore Frontage (feet) | |
|---|---|---|---|
(a) | Residential per dwelling unit | 40,000 | 200 |
(b) | Governmental, institutional, commercial or industrial per principal structure | 60,000 | 300 |
(c) | Public and private recreational facilities | 40,000 | 200 |
(2)
Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.
(3)
Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.
(4)
The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.
(5)
If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.
B.
Principal and accessory structures.
(1)
All new principal and accessory structures shall be set back at least 100 feet, horizontal distance, from the normal high-water line of great ponds and rivers that flow to great ponds, and 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 25 feet, horizontal distance. 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. |
(2)
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)
On a nonconforming 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 80 square feet in area nor eight 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: Refer to § 478-17 for definition of tributary stream. |
(3)
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 35 feet in height.
(a)
This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.
(b)
The height of a structure shall exclude a nonhabitable feature mounted on a structure roof for observation purposes, such as a cupola, a dome or a widow's walk, provided the following conditions are met:
[1]
The feature is being added to, or is part of, a conforming structure;
[2]
The structure is not located in a Resource Protection or Stream Protection District;
[3]
The feature does not extend beyond the exterior walls of the structure;
[4]
The feature has a floor area of 53 square feet or less; and
[5]
The feature does not increase the height the structure, as defined, more than seven feet.
(4)
The lowest floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the 100-year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent floodplain soils. Accessory structures may be placed in accordance with the standards of the Floodplain Management Chapter that is consistent with the April 2005 or later version under the National Flood Insurance Program.
(5)
Except in the shoreland zone of rivers that do not flow to great ponds that are designated as General Development Districts, nonvegetated surfaces shall not exceed 20% of the portion of the lot located within the shoreland zone. In the shoreland zone of rivers that do not flow to great ponds that are designated as General Development Districts, nonvegetated surfaces shall not exceed 70% of the portion of the lot within the shoreland zone. Nonvegetated 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 outcroppings are not counted as nonvegetated surfaces for lots that were recorded on March 24, 1990, and that have been in continuous existence since that date.
§ 478-15B(5) shall not apply to public boat launching facilities, regardless of the district in which the facility is located.
(6)
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, is no more than 24 inches;
(e)
Retaining walls are located outside of the 100-year floodplain on rivers, streams, 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 floodplain 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:
[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 § 478-15P(2)(a), may traverse the buffer;
NOTE: If the wall and associated soil disturbance occurs within 75 feet, horizontal distance, of a water body, or tributary stream, 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 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. § 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.
(7)
Notwithstanding the requirements in § 478-15B(1) above, the permitting authority may approve a deck over a river if it is part of a downtown revitalization project that is defined in a project plan approved by the legislative body of the municipality, which may include the revitalization of structures formally used as mills that do not meet the setback requirements, provided that the following requirements are met:
(a)
The total deck area attached to the structure does not exceed 700 square feet;
(b)
The deck is cantilevered over a segment of the 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; and
(d)
The construction of the deck complies with all other applicable standards, except the setback requirements in § 478-15B(1).
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. § 480-C. Permits may also be required from the Army Corps of Engineers if located in navigable waters. |
C.
Piers, docks, wharves, bridges and other structures and uses extending or located below the normal high-water line of a water body or within a wetland; and shoreline stabilization.
(1)
No more than one 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 § 478-15A, 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 shall not be wider than six feet for noncommercial uses.
(6)
No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending or located below 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 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 or located below 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, structures built on, over or abutting a pier, wharf, dock or other structure extending or located below the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.
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. § 480-C. Permits may also be required from the Army Corps of Engineers if located in navigable waters.
(10)
The Planning Board may approve shoreline stabilization of an eroding shoreline, provided that the following requirements are met:
(a)
Construction equipment must access the shoreline by barge when feasible, as determined by the Planning Board.
(b)
When necessary, the removal of 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 shoreline stabilization is complete, the construction equipment access way must be restored.
(c)
Any restoration or revegetation shall occur in accordance with § 478-15S.
NOTE: A permit pursuant to the Natural Resources Protection Act is required from the Department of Environmental Protection for shoreline stabilization activities. |
D.
Campgrounds. Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:
(1)
Campgrounds shall contain a minimum of 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 100 feet, horizontal distance, from the normal high-water line of a great pond or a river flowing to a great pond, and 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)
On a vacant lot, one campsite per lot existing on the effective date of this chapter, or 30,000 square feet of lot area within the shoreland zone, whichever is less, may be permitted.
(2)
On a lot that contains a principal use or structure, the lot shall contain the minimum lot dimensional requirements for that principal use or structure separately from the 30,000 square feet of lot area within the shoreland zone required per individual private campsite.
(3)
Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 100 feet, horizontal distance, from the normal high-water line of a great pond or river flowing to a great pond, and 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 1,000 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 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, and rivers and streams which flow to great ponds:
(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.
(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. The setback requirement for parking areas serving public boat launching facilities in districts other than the General Development I District shall be no less than 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 10 feet wide and 20 feet long, except that parking spaces for a vehicle and boat trailer shall be 40 feet long.
(b)
Internal travel aisles: approximately 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 100 feet, horizontal distance, from the normal high-water line of a great pond or a river that flows to a great pond, and 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 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.
(a)
On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each 5% increase in slope above 20%.
(b)
Section 478-15H(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 § 478-15H(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 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.
(4)
Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in § 478-15Q.
(5)
Road and driveway grades shall be no greater than 10% except for segments of less than 200 feet.
(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 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.
(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:
(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% to 2% | 250 |
3% to 5% | 200 to 135 |
6% to 10% | 100 to 80 |
11% to 15% | 80 to 60 |
16% to 20% | 60 to 45 |
21% + | 40 |
(b)
Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.
(c)
On sections having slopes greater than 10%, ditch relief culverts shall be placed at approximately a 30° angle downslope from a line perpendicular to the center line 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.
(8)
Ditches, culverts, bridges, dips, water turnouts and other stormwater 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 square feet in area and shall not exceed two signs per premises. In the Limited Commercial District, however, such signs shall not exceed 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 signs per premises, and shall not exceed 12 square feet in the aggregate.
(3)
Residential users may display a single sign not over three 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 square feet in area.
(5)
Signs relating to public safety shall be allowed without restriction.
(6)
No sign shall extend higher than 20 feet above the ground.
(7)
Signs may be illuminated only by shielded, nonflashing lights.
J.
Stormwater runoff.
(1)
All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment 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)
Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.
NOTE: The Stormwater Management Law (38 M.R.S.A. § 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 five acres or more of a developed area in an urban impaired stream watershed or most-at-risk lake watershed, or a project with one acre or more of developed area in any other stream or wetland watershed. A permit-by-rule is necessary for a project with one acre or more of disturbed area but less than one-acre impervious area (20,000 square feet for most-at-risk lakes and urban impaired streams) and less than five acres of developed area. Furthermore, a Maine Construction General Permit is required if the construction will result in one acre or more of disturbed area. |
K.
Septic waste disposal. All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal 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 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 Maine Subsurface Wastewater Disposal Rules require new systems, excluding fill extensions, to be constructed no less than 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 roadside 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 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 § 478-15M(3) below.
(2)
No part of any extraction operation, including drainage and runoff control features, shall be permitted within 100 feet, horizontal distance, of the normal high-water line of a great pond or a river flowing to a great pond, and within 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 50 feet, horizontal distance, of any property line without written permission of the owner of such adjacent property.
(3)
Within 12 months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than 100 cubic yards of materials are removed in any consecutive twelve-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., § 1301, and the Solid Waste Management Rules, Chapters 400 to 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 2 1/2 to one slope or flatter.
(c)
Top soil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project.
(4)
In keeping with the purposes of this chapter, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.
N.
Agriculture.
(1)
All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. §§ 4201 to 4209).
(2)
Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of a great pond or a river flowing to a great pond, or within 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 stormwater.
(3)
Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area, within the Shoreland Zone shall require a conservation plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this chapter.
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 100 feet, horizontal distance, of the normal high- water line of a great pond; within 75 feet, horizontal distance, from other water bodies; nor within 25 feet, horizontal distance, of tributary streams and wetlands. Operations in existence on the effective date of this chapter and not in conformance with this provision may be maintained.
(5)
Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the normal high-water line of a great pond; within 75 feet, horizontal distance, of other water bodies; nor within 25 feet, horizontal distance, of tributary streams and wetlands. Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a Conservation Plan that has been filed with the Planning Board.
O.
Timber harvesting.
(1)
In a Resource Protection District abutting a great pond, timber harvesting shall be limited to the following:
(a)
Within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, timber harvesting may be conducted when the following conditions are met:
[1]
The ground is frozen;
[2]
There is no resultant soil disturbance;
[3]
The removal of trees is accomplished using a cable or boom and there is no entry of tracked or wheeled vehicles into the seventy-five-foot strip of land;
[4]
There is no cutting of trees less than six inches in diameter; no more than 30% of the trees six inches or more in diameter, measured at 4 1/2 feet above ground level, are cut in any ten-year period; and a well-distributed stand of trees and other natural vegetation remains; and
[5]
A licensed professional forester has marked the trees to be harvested prior to a permit being issued by the municipality or the Bureau of Forestry issuing a permit by rule.
(b)
Beyond the seventy-five-foot strip referred to in § 478-15O(1)(a) above, timber harvesting is permitted in accordance with Subsection O(2) below except that in no case shall the average residual basal area of trees over 4 1/2 inches in diameter at 4 1/2 feet above ground level be reduced to less than 30 square feet per acre.
(2)
Except in areas as described in § 478-15O(1) above, timber harvesting shall conform with the following provisions:
(a)
Selective cutting of no more than 40% of the total volume of trees four inches or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten-year period is permitted. In addition:
[1]
Within 100 feet, horizontal distance, of the normal highwater line of a great pond or a river flowing to a great pond, and within 75 feet, horizontal distance, of the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, there shall be no clear-cut openings and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.
[2]
At distances greater than 100 feet, horizontal distance, of a great pond or a river flowing to a great pond, and greater than 75 feet, horizontal distance, of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clear-cut openings greater than 10,000 square feet in the forest canopy. Where such openings exceed 5,000 square feet, they shall be at least 100 feet, horizontal distance, apart. Such clear-cut openings shall be included in the calculation of total volume removal. Volume may be considered to be equivalent to basal area.
(b)
Timber harvesting operations exceeding the 40% limitation in § 478-15O(2)(a) above, may be allowed by the Planning Board or the Bureau of Forestry upon a clear showing, including a forest management plan signed by a Maine-licensed professional forester, that such an exception is necessary for good forest management and will be carried out in accordance with the purposes of this chapter. The Planning Board shall notify the Commissioner of the Department of Environmental Protection of each exception allowed, within 14 days of the Planning Board's decision.
(c)
No accumulation of slash shall be left within 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 feet above the ground. Any debris that falls below the normal high-water line of a water body or tributary stream shall be removed.
(d)
Timber harvesting equipment shall not use stream channels as travel routes except when:
[1]
Surface waters are frozen; and
[2]
The activity will not result in any ground disturbance.
(e)
All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.
(f)
Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.
(g)
Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least 75 feet, horizontal distance, in width for slopes up to 10% 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 10% increase in slope, the unscarified strip shall be increased by 20 feet, horizontal distance. The provisions of this subsection 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 25 feet, horizontal distance, to the normal high-water line of a water body or upland edge of a wetland.
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 in accordance with § 478-15Q. 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 § 478-15P(1), above, and except to allow for the development of permitted uses, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond or a river flowing to a great pond, and 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 feet in width as measured between tree trunks and/or shrub stems is allowed, provided that a cleared line of sight to the water through the buffer strip is not created.
(b)
Selective cutting of trees within the buffer strip is allowed, provided that a well- distributed stand of trees and other natural vegetation is maintained.
[1]
For the purposes of § 478-15P(2)(b), a "well-distributed stand of trees" adjacent to a great pond or a river or stream flowing to a great pond, shall be defined as maintaining a rating score of 24 or more in each twenty-five-foot by fifty-foot rectangular (1,250 square feet) area as determined by the following rating system.
Diameter of Tree at 4 1/2 Feet Above Ground Level (inches) | Points |
|---|---|
2 to less than 4 | 1 |
4 to less than 8 | 2 |
8 to less than 12 | 4 |
12 or greater | 8 |
[2]
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 twenty-five-foot by fifty-foot rectangular area.
NOTE: As an example, adjacent to a great pond, if a twenty-five-foot by fifty-foot plot contains four trees between two inches and four inches in diameter, two trees between four inches and eight inches in diameter, three trees between eight inches 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 twenty-five-foot by fifty-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. |
[3]
The following shall govern in applying this point system:
[a]
The twenty-five-foot by fifty-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;
[b]
Each successive plot must be adjacent to, but not overlap a previous plot;
[c]
Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this chapter;
[d]
Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this chapter;
[e]
Where conditions permit, no more than 50% of the points on any twenty-five-foot by fifty-foot rectangular area may consist of trees greater than 12 inches in diameter.
[4]
For the purposes of § 478-15P(2)(b), "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot by fifty-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.
[5]
Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten-year period.
(c)
In order to protect water quality and wildlife habitat, existing vegetation under three 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 § 478-15P(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 the vegetation in the shoreline buffer, removal of storm-damaged, hazard or dead trees and any required replanting shall occur in accordance with § 478-15Q.
(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 § 478-15P(2).
(3)
At distances greater than 100 feet, horizontal distance, from a great pond or a river flowing to a great pond, and 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-year period, selective cutting of not more than 40% of the volume of trees four 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 40% calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area.
(4)
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 10,000 square feet, whichever is greater, including land previously cleared. This provision shall not apply to the General Development Districts.
(5)
Legally existing nonconforming cleared openings may be maintained, in accordance with § 478-15R. If these areas, fields or other cleared openings have reverted back to primarily woody vegetation, as a result of not maintaining them in accordance with § 478-15R, then the provisions of § 478-15P shall apply.
Q.
Hazard trees, dead trees and storm-damaged trees.
(1)
Hazard trees may be removed without a permit after consultation with the Code Enforcement Officer, provided 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 250 square feet, the opening shall be replaced with native tree species, unless there is new tree growth already present near to where the hazard tree was removed. New tree growth is considered to be at least two inches in diameter, measured at 4.5 feet above ground level. If new growth is not present, then replacement trees shall consist of native species, be at least four feet in height and be no less than two inches DBH. Stumps shall not be removed.
(b)
Outside the shoreline buffer, if the removal of hazard trees results in more than 40% of the volume of trees, four inches or more in diameter as measured at 4.5 feet above ground level, being removed in any ten-year period; or results in cleared openings of more than 25% of the lot area within the shoreland zone or more than 10,000 square feet, whichever is greater; then replacement with native tree species is required, unless there is new tree growth already present near to where the hazard tree was removed. New tree growth is considered to be at least two inches DBH. If new growth is not present, then replacement trees shall consist of native species and be no less than two inches DBH.
(c)
The code enforcement officer may require the applicant to submit an evaluation from a licensed forester or arborist before any hazard tree can be removed within the shoreland zone.
(d)
The code enforcement officer may require more than a one-for-one replacement for removed hazard trees that exceeded eight inches in diameter at 4.5 feet above ground level.
(2)
Dead trees may be removed without a permit, provided the following requirements are met:
(a)
The trees are dead from natural causes. Dead trees are those that contain no foliage during the growing season.
(b)
The removal of dead trees does not result in the creation of new lawn areas or other permanently cleared areas.
(c)
Stumps shall not be removed.
(3)
Storm-damaged trees may be removed without a permit after consultation with the Code Enforcement Officer, provided the following requirements are met:
(a)
Within the shoreline buffer, if the removal of storm-damaged trees results in a cleared opening in the tree canopy greater than 250 square feet, the following shall be required:
[1]
The area shall be required to naturally revegetate. If after one growing season, no natural regeneration or regrowth is present, replanting of native tree seedlings or saplings shall be required at a density of one seedling/sapling per every 80 square feet of open canopy.
[2]
The removal of storm-damaged trees does not result in the creation of new lawn areas or other permanently cleared areas.
[3]
Stumps shall not be removed.
[4]
Limbs damaged from a storm event may be pruned even if they extend beyond the bottom 1/3 of the tree.
(b)
Outside the shoreline buffer, if the removal of storm-damaged trees results in more than 40% of the volume of trees, four inches or more in diameter as measured at 4.5 feet above ground level, being removed in any ten-year period; or results in cleared openings of more than 25% of the lot area within the shoreland zone or more than 10,000 square feet, whichever is greater; then the area shall be required to naturally revegetate. If after one growing season, no natural regeneration or regrowth is present, replanting of native tree seedlings or saplings shall be required on a one-for-one basis.
R.
Exemptions to § 478-15P. The following activities are exempt from the standards for clearing or removal of vegetation set forth in § 478-15P, 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 clearing or removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the standards of § 478-15P, such as but not limited to cleared openings in the canopy or fields. If any of these areas revert back to primarily woody vegetation, due to a lack of removal of vegetation every two years, the requirements of § 478-15P shall apply.
(2)
The clearing or removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of § 478-15B are not applicable.
(3)
The clearing or removal of vegetation from the location of public swimming areas associated with allowed public recreational facilities.
(4)
The clearing or removal of vegetation associated with allowed agricultural uses, provided that all requirements of § 478-15N are complied with, and that best management practices are utilized.
(5)
The clearing or removal of vegetation associated with brownfields or voluntary response action program projects pursuant to 38 M.R.S.A. § 343-E, provided that the following provisions are met:
(a)
The clearing or removal of vegetation is within the shoreland zone of rivers that do not flow to great ponds that are designated as General Development Districts; and
(b)
The clearing or removal of vegetation is necessary for remediation activities to clean up contamination.
(6)
The clearing or removal of non-native invasive vegetation, provided that the following requirements are met:
(a)
If clearing or removal of vegetation occurs via wheeled or tracked motorized equipment, then the wheeled or tracked motorized equipment is operated and stored at least 25 feet, horizontal distance, from the shoreline, except that the wheeled or tracked motorized equipment may be operated or stored on existing structural surfaces, such as pavement or gravel;
(b)
The clearing or removal of vegetation within 25 feet, horizontal distance, from the shoreline occurs via hand tools; and
(c)
If the clearing or removal of non-native invasive vegetation results in a standard of § 478-15P being exceeded, then the area shall be revegetated in accordance with § 478-15S to achieve compliance with the applicable standard(s) of § 478-15P.
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 clearing or 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 to address the removal of non-native invasive species of vegetation, to address removal of vegetation in conjunction with shoreline stabilization, in response to violations of the standards set forth in § 478-15P, or as a mechanism to allow for development that may otherwise not be permissible due to the standards of § 478-15P, then revegetation shall comply with the following requirements:
(1)
The applicant 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 must occur at a density comparable to the preexisting vegetation. If this is not feasible due to shoreline stabilization, then 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 consist of saplings at a minimum;
(c)
If more than three trees or saplings are planted, then at least three 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 shoreline stabilization, and it is not possible to plant trees and saplings in the same area where trees or saplings were removed, then trees or saplings must be planted in a location that effectively reestablishes the screening between the shoreline and structures; and
(f)
A survival rate of at least 80% of planted trees/saplings is required for a minimum of five years.
(5)
Revegetation activities must meet the following requirements for all woody vegetation and for other vegetation under three feet in height:
(a)
All woody vegetation and vegetation under three feet in height must be replaced with native noninvasive species of woody vegetation and vegetation under three feet in height as applicable;
(b)
Woody vegetation and vegetation under three 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 woody vegetation plants are to be planted, then at least three 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 in § 478-15P for a minimum of five 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, the area must be supplemented with leaf mulch and/or bark mulch at a minimum of four inches deep 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 a minimum of five 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 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 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 bale per 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. Drainageways shall be designed and constructed in order to carry water from a twenty-five-year storm or greater, and shall be stabilized with vegetation or lined with riprap.
(6)
When an excavation contractor will perform these activities, compliance with the following shall be required:
(a)
A person certified in erosion control practices by the Maine Department of Environmental Protection shall be responsible for management of erosion and sedimentation control practices at the site. This person shall be present at the site each day these activities occur for a duration that is sufficient to ensure that proper erosion and sedimentation control practices are followed. This is required until installation of erosion and sedimentation control measures that will either stay in place permanently or stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion.
(b)
Include on the required plan or permit application, the name and certification number of the person who will oversee activities causing or resulting in soil disturbance.
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 groundwater 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 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. |