Maine DEP Announces Changes to Chapter 1000 Guidelines Under the Nonconforming Structures Expansion Section

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Maine DEP Announces Changes to Chapter 1000 Guidelines Under the Nonconforming Structures Expansion Section

Maine DEP Announces Changes to Chapter 1000 Guidelines Under the Nonconforming Structures Expansion Section

End of a summer day on Mousam Lake, Shapleigh, Maine

 

Maine lakefront property owners will be pleased to note that the Maine DEP has updated information about choices under the nonconforming structures expansion section of Chapter 1000 Guidelines. We appreciate that Michael Morse, assistant shore land zoning coordinator with Maine DEP, has shared this information from the Shoreland Zoning News with us.

“Based on the volume of phone calls we’ve received from both municipal officials and landowners, it is very clear that the new nonconforming structure expansion language has generated a lot of interest! The provisions regarding expansions in the Chapter 1000 Guidelines have been substantially modified as part of our recent rule making.

 

 

 

 

 


These new provisions reflect the recent changes to the state statute. When a municipality chooses to amend the expansion section of its ordinance, it must be consistent with the 2015 Guidelines, but municipal officials have choices for how to tailor these provisions for their communities.
We introduced the expansion provisions to you in the summer 2014 edition of the Shoreland Zoning News. The new provisions limit expansions of nonconforming structures based on footprint and height, instead of floor area and volume. The change intends to be simpler and more aligned with the purposes of shoreland zoning. Depending on circumstances of specific lots and structures, this change could be viewed as being more restrictive in some cases or less restrictive in other cases for landowners.
While there is no deadline currently, municipalities are encouraged to amend local ordinances to the footprint and height limitations, in order to remain consistent with the state statute and the Guidelines. Also, municipalities are allowed to have more restrictive ordinances; although, it is recommended that such ordinances are further supported by a comprehensive plan. Omitting any or all of the exceptions provided in the Guidelines would be more restrictive on landowners, but would provide municipal officials fewer standards to administer and enforce.
Municipal officials have choices with regard to the new provisions. The provisions limit footprint by square footage or percent, whichever allows more expansion. Including both limitations would provide landowners with the choice to decide which limitation to apply to their property. Municipal officials may instead choose to include only one of the limitations, either square footage or percent. This would be more restrictive on the landowner, but would be simpler for municipal officials to administer and enforce.
Shoreland zoning staff members are available to assist municipal officials in making these choices. There will also be training opportunities that municipal officials may wish to attend to learn more about the new provisions.”
As lakefront property owners, we encourage you to contact your municipal officials and get involved in the process.
To learn more about lakefront properties for sale on Mousam Lake, click on the green box above.
To learn more about Mousam Lake in Shapleigh, check out the blog links below.
Mousam Lake in Southern Maine – Perfect for Boaters, Anglers and Vacationers
Hikes near Mousam Lake in Shapleigh and Acton, Maine

 

 

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