Maine Waterfront Property – Meet the C.E.O.

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April 14, 2008
Maine Lakefront Real Estate – Finding It Your Way, Phase Two
April 21, 2008

Maine Waterfront Property – Meet the C.E.O.


So, you’re reading this headline and thinking, “Meet the CEO – the Chief Executive Officer – of Maine Waterfront Property?!” “Huh?” “What are they talking about?!”
Well, to most of the world a CEO is a chief executive officer – the person at the head of a company who makes a six figure salary and a seven figure bonus,  who is driven to work by a uniformed driver, and who wears $3000 suits, customed-made shoes, and shirts ordered in from a personal tailor in Hong Kong.
Here in the world of Maine waterfront property, though, a CEO is somewhat different. Here in Maine, a CEO can be full-time or part-time, he pulls down somewhere in the low five figures, and drives around in a 12-year-old Ford F-150 pick-up truck. He wears a pocket T-shirt in the summer, a flannel shirt in the fall and spring, and a pocket T-shirt under a flannel shirt in the winter. Ayuh.
“Who is this CEO person you’re talking about, anyway?”, you may ask. Well, he’s your local Code Enforcement Officer and if you own, or plan to own, Maine waterfront property you’d better know him – and know him well.
The CEO is an officer of the town who enforces the codes (or laws or rules or ordinances) that determine what you can and cannot do on your lakefront property. To quote the Maine Municipal Code, “Code enforcement officers are municipal officials appointed annually by the elected municipal officers of a city or town. State law requires code officials enforcing any regulations concerned with land use regulation, shoreland zoning, internal plumbing, subsurface wastewater disposal, and building standards to hold proper state certification.”
There currently exists a state shoreland zoning ordinance that provides the minimum rules and restrictions that apply to property generally within 250 feet of a lake, pond, or river. Individual towns can adopt amendments to the state ordinance, but only if it makes the ordinance more stringent and restrictive – never less. Most towns stick pretty closely to what the state has drawn up.
The CEO enforces the ordinance and makes unilateral judgements, interpretations, and recommendations. Just like a Supreme Court Justice applying the rule of law to a case, however, there is almost always room for differing opinions and no two situations (and no two CEOs, for that matter) are exactly alike when it comes to applying and enforcing the ordinance.
One of the key provisions of the state shoreland zoning ordinance is that no structure can be built within 100 feet of the water unless something previously existed there prior to the ordinance adoption in 1987. That rule brought a host of buyers who would purchase a run down camp that sat 20 feet from the water, tear it down, and build a new structure on the same footprint.
There are many rules and regulations that address what a lakefront property owner can and cannot do within that 100 foot zone. Can I cut down a tree, put in a patio, put out a dock? How far out can I put a dock? Can I add on a deck, add a second floor, or build a garage? Can I make a lawn area, plant trees and shrubs, and put up a fence down near the water so my three-year-old won’t wade in unattended? Can I spray weed killer on the poison ivy, build a campfire at night, or have a spotlight on my dock? Where does my leach field have to be in relationship to my well? Can I cut off the lower branches of the trees to allow a view to the water from my deck?
All of these questions, and many, many more, are the types of issues and situations a local CEO listens to, sees, and rules on every day.
Our advice to anyone contemplating the purchase of lakefront property is to make any offer contingent on having a satisfactory meeting with the local Code Enforcement Officer. Meet him at the property and have him tell you what you can and cannot do. Ask questions. Take notes. Be sure you understand.
The more you know about what is and is not allowed on a particular piece of shorefront property, the better off you’ll be.
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If you’d like a copy of the Maine Shoreland Zoning Ordinance, send me your email address and I’ll send it to you in a pdf file.
If you’d like to check out some of the great Maine lakefront properties currently listed for sale, use this hotlink to use our Lakefront Locator.

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