An Act To Allow Flexibility under Municipal Shoreland Zoning Ordinances
Sec. 1. 38 MRSA §439-A, sub-§4, as amended by PL 1997, c. 726, §3, is further amended to read:
Sec. 2. 38 MRSA §439-A, sub-§4-A, as amended by PL 1999, c. 243, §§6 and 7, is further amended to read:
(1) For structures located less than 75 feet from the normal high-water line or upland edge of a wetland, the maximum combined total floor area for all structures is 1,000 square feet, and the maximum height of any structure is 20 feet or the height of the existing structure, whichever is greater.
(2) For structures located less than 100 feet from the normal high-water line of a great pond classified as GPA or a river flowing to a great pond classified as GPA, the maximum combined total floor area for all structures is 1,500 square feet, and the maximum height of any structure is 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet from the normal high-water line or upland edge of a wetland must meet the floor area and height limits in subparagraph (1).
Existing principal and accessory structures that exceed the floor area or height limits under this paragraph may not be expanded, except as provided in paragraph E.
For the purposes of this paragraph, a basement is not counted toward floor area.
(1) The principal structure is set back at least 50 feet from the normal high-water line or upland edge of a wetland;
(2) An existing well-distributed stand of trees and other vegetation, as defined in the minimum guidelines adopted by the Board of Environmental Protection, extends at least 50 feet inland from the normal high-water line or upland edge of a wetland for the entire width of the property or, if such a stand is not present, a written plan by the property owner to reestablish a buffer of native trees, shrubs and other ground cover within 50 feet of the normal high-water line or upland edge of a wetland is approved by the municipal planning board. The plan must be implemented at the time of construction and must be designed to meet the minimum guidelines adopted by the Board of Environmental Protection as the vegetation matures. Rules adopted pursuant to this subparagraph are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A; and
(3) The municipal planning board approves a written mitigation plan. The plan must be developed, implemented and maintained by the property owner. A mitigation plan must provide for the following mitigation measures.
(a) Unstabilized areas resulting in soil erosion must be mulched, seeded or otherwise stabilized and maintained to prevent further erosion and sedimentation to water bodies and wetlands.
(b) Roofs and associated drainage systems, driveways, parking areas and other nonvegetated surfaces must be designed or modified, as necessary, to prevent concentrated flow of storm water runoff from reaching a water body or wetland. Where possible, runoff must be directed through a vegetated area or infiltrated into the soil through the use of a dry well, stone apron or similar device.
The written plans required pursuant to subparagraphs 2 and 3 must be filed in the registry of deeds of the county in which the property is located.
A copy of all permits issued pursuant to this paragraph must be forwarded by the municipality to the department within 14 days of the issuance of the permit.
Sec. 3. 38 MRSA §439-A, sub-§4-B is enacted to read:
summary
The bill allows a municipality to enact in its shoreland zoning ordinance alternative provisions to the requirements in the Maine Revised Statutes, Title 38 that limit the expansion of a nonconforming structure in a shoreland zone that increases the structure’s volume or floor area by 30% or more in addition to the requirements in Title 38.