Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 1000 - GUIDELINES FOR MUNICIPAL SHORELAND ZONING ORDINANCES
Section 096-1000-3 - Applicability

This Ordinance applies to all land areas within 250 feet, horizontal distance, of the

* normal high-water line of any great pond or river,

* upland edge of a coastal wetland, including all areas affected by tidal action, or

* upland edge of a freshwater wetland,

and all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream.

This Ordinance also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending or located below the normal high-water line of a water body or within a wetland.

NOTE: Municipalities may choose not to regulate structures built on, over or abutting a dock, wharf, pier or other structure extending beyond the normal high-water line of a water body or within a wetland. If so, the sentence "This Ordinance also applies to any structure built on, over or abutting a dock, wharf, pier, or other structure extending or located below the normal high-water line of a water body or within a wetland.", in Section 3 above, must be stricken from the Ordinance. In addition: Item 17 pertaining to "Piers, docks, wharfs, bridges and other structures and uses extending over or below the normal high-water line or within a wetland" in Section 14, Table 1, Land Uses in the Shoreland Zone; Section 15(C), Standards for Piers, docks, wharfs, bridges and other structures and uses extending over or below the normal high-water line or within a wetland; and the definition of "Piers, docks, wharfs, bridges and other structures and uses extending over or below the normal high-water line or within a wetland" in Section 17 should be deleted.

NOTE: Coastal wetlands, by definition, include all areas affected by tidal action, not just those areas where salt marshes and salt meadows exist. Cobble and sand beaches, mud flats, and rocky ledges, below the highest annual tide are all considered to be coastal wetlands.

NOTE: Pursuant to 38 M.R.S.A. section440, municipalities may extend or adopt zoning controls beyond the limits established in Section 3, above, in order to protect the public health, safety, and welfare and to avoid problems associated with floodplain development.