Maine’s Shoreland Zoning Laws Amended To Allow More Flexibility

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Maine’s Shoreland Zoning Laws Amended To Allow More Flexibility

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Expect Superior Water Quality on Great East Lake in Acton, Maine



Maine’s Shoreland Zoning Law, a mandatory act dating back to 1971, requires all municipalities to adopt, administer, and enforce ordinances which regulate land use activities within 250 feet of great ponds, rivers, freshwater and coastal wetlands, including all tidal waters; and within 75 feet of streams as defined. The Maine Department of Environmental Protection (DEP) writes the minimum guidelines for towns to adopt to protect water quality in their municipalities.
A town’s ordinance has oversight set by the State of Maine, but also has the option to go above and beyond those minimum standards.
The purposes of shoreland zoning include the following:
•    Protect the traditions of our communities
•    Conserve character of our communities
•    Control threats to our communities’ assets
The bottom line is water quality. When water quality is average or above average, lakefront property is more valuable. By requiring permits and compliance with standards for activities in the shoreland zone, these purposes for shoreland zoning can be met.
According to the DEP’s Web site, the shoreland zone refers to all land areas within 250 feet, horizontal distance of the following:
•    normal high-water line of any great pond or river;
•    upland edge of a coastal wetland, including all areas affected by tidal action, and
•    upland edge of defined freshwater wetlands; and
•    all land areas within 75 feet, horizontal distance, of the normal high-water line of certain streams.
A shoreland setback refers to the minimum distance from the shoreline that a proposed activity, e.g. building a house, may occur.
Recently, amendments were made to the Shoreland Zoning Act that were adopted by the State of Maine. By law, revisions are required every four years or so. The current revisions are intended to be comprehensive and clearer, with more flexibilities. They are not expected to be any more stringent than the current guidelines.
The most substantive change deals with the expansion of legally existing nonconforming structures. Previously, a municipality could only utilize one of two expansion provisions. The DEP recommended combining the two existing provisions, which would allow a landowner the ability to choose which provision would work best for their particular circumstances.
The previous law measured expansions in terms of floor area and volume. This amendment aims to switch the use of floor area and volume to footprint. The height of all expanded nonconforming structures is limited, thus controlling structure volume. Measurement of height is taken from the upland side of the structure, not the downhill side. The change of focus from 30% in volume or area to the footprint of the house may allow for a second floor or daylight basement that the old law forbid.
Within the shoreland zone, temporary structures will be considered the same as permanent  structures.
Most of the other amendments aim to provide clarity for existing provisions, such as updates to definitions.
The law takes effect in October. Each town will determine whether or not to make changes to their shoreland zone ordinances at town elections and meetings in the May or June.
Shoreland Zoning Ordinances are important to protect the water clarity of our lakes. Lake Associations, such as the Great East Lake Improvement Association in Acton, Maine, work hard to maintain superior water quality. The GELIA began in 1932, when founding members saw the need “to enhance and protect the quality of the lake and the surrounding habitat today and for future generations to enjoy.”
To learn more about lakefront properties for sale on Great East Lake in Acton, click on the green box above.
To learn more about the Acton area, check out the blog links below.
Great East Lake is Acton, Maine’s Golden Pond
Must See Gems on Balch Lake in Newfield and Acton, Maine
The Sanford Lakes Region of Maine

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