New Non-Conforming Structure Expansion Provision For Maine Lakefront Properties

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New Non-Conforming Structure Expansion Provision For Maine Lakefront Properties

New Non-Conforming Structure Expansion Provision For Maine Lakefront Properties

Non-Conforming Structure on Maine Lakes

by Leigh Macmillen Hayes

In a summer issue of Shoreland Zoning News,  Michael Morse, of the Maine Department of Environmental Protection, shared an article about the new nonconforming structure expansion provisions enacted by the Maine Legislature and contained within the department’s proposed rulemaking to amend Chapter 1000.

“For years,” writes Mike, “expansion has been limited to less than 30% of the floor area and volume of the structure, or for some municipalities the alternative expansion provisions regulated combined total floor area and height limitations based on the distance of the structure from the shoreline. For the most part, the new language combines these two expansion provisions into one new set of standards.

 

 

 

 

 

 

 

Under the new standards, a nonconforming structure may be expanded up to 30% of the footprint of the structure or up to a certain established limit (based on setback from the shoreline), whichever is greater. All portions of the structure are considered ‘footprint,’ including decks and patios. Structure height is also limited, much as it was with the previous alternative expansion provisions, except that the new language allows the structure height to be either the established height limit or the height of the existing structure, whichever is greater.

While this is not a formal evaluation, you may be interested to know that of the phone conversations we’ve had with folks about the new provisions, it seems that roughly half of the people will be able to expand more, and the other half not as much as the current rule allows. It was not our intent to be more or less restrictive. Rather, the intent was to create a simpler, cleaner set of standards.

Suffice it to say, the new language provides additional flexibility for some landowners, but it no longer requires seemingly onerous volume calculations in any case. Municipalities should have a far easier time reviewing and tracking expansions. Municipalities must amend their ordinances, and have them approved by DEP, in order for these new provisions to be effective locally. Please contact us for guidance on amendment language, or wait for the amendments to Chapter 1000.”

This means that even if someone has already expanded under the current longstanding 30% floor area/volume rule, if the new rule (once adopted by the municipality) allows them to do a little more, then they can do so.

It’s key to note that each municipality must vote to adopt the changes before they can apply locally.

To learn more about lakefront properties for sale on Mousam Lake in Shapleigh, click on the green box above.
To learn more about Mousam Lake, check out the links below.
Great Fishing on Mousam and other Lakes in Shapleigh, Maine
Mousam Lake in Southern Maine – Perfect for Boaters, Anglers and Vacationers

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