Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 1254 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF HANOVER

1. The Mandatory Shoreland Zoning Act (Act) requires the Town of Hanover to establish zoning controls in areas within 250 feet of the normal high-water line of great ponds, and rivers, within 250 feet of the upland edge of freshwater wetlands; and within 75 feet of the normal high-water line of streams. Such zoning standards must be consistent with or no less restrictive than those in the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, (Guidelines), as adopted by the Board of Environmental Protection (Board).

2. The Act specifies that before a locally adopted shoreland zoning ordinance, or amendments to that ordinance, are effective, they must be approved by the Commissioner of the Department of Environmental Protection (Department). The Department may approve, approve with conditions, or disapprove a locally adopted ordinance. If disapproved, or approved with conditions, such action must be preceded by notice to the municipality.

3. On October 4, 1993 the Board of Environmental Protection adopted a state-imposed shoreland zoning ordinance (Chapter 1254) for the town of Hanover. The Board's actions were taken when the town of Hanover failed to adopt a suitable shoreland zoning ordinance. The state-imposed ordinance stated that the ordinance will remain in effect until amended or repealed by the Board of Environmental Protection.

4. On June 6, 2001 the Department received a certified copy of the Hanover Town Warrant for the August 22, 2000 special town Meeting. That warrant included Article 10A, which was approved by the town voters. Article 10A was presented "To see if voters will vote to adopt the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, as amended February 6, 1999".

Included with the certified warrant was a copy of a shoreland zoning map, revised to April 1993. This map failed to provide a zoning district adjacent to Meadow Brook and Howard Pond Stream. It also failed to zone adjacent to a freshwater wetland as required by the Mandatory Shoreland Zoning Act. Furthermore, the town did not provide documentation for establishing a residential zone in a floodplain area of the Androscoggin River near the Rumford town line.

5. In a letter dated July 9, 2001, the Town of Hanover was notified by the Department of the above deficiencies. The Department noted that it planned to approve the Town's adoption of the Guidelines document as the text for its Ordinance, but that the map provided by the Town could not be approved due to the above noted deficiencies.

Based on the above Findings of Fact, the Department makes the following CONCLUSIONS:

1. The Town of Hanover's August 22, 2000 adoption of the Department's State of Maine Guidelines for Municipal Shoreland Zoning Ordinances as the text of its Shoreland zoning Ordinance is appropriate, and consistent with the requirements of the Mandatory Shoreland Zoning Act. However, the zoning map that was approved by the townspeople is inadequate to comply with the requirement of the law. The Department, however, can approve the Town of Hanover Shoreland Zoning Ordinance with the condition that the Town of Hanover Shoreland Zoning Map that was adopted as part of Chapter 1254 by the Board of Environmental Protection on October 4, 1993 shall remain in effect.

THEREFORE, the Department APPROVES the Shoreland Zoning Ordinance for the Town of Hanover, with the condition that Town of Hanover Shoreland Zoning Map adopted as part of the state-imposed shoreland zoning ordinance (Chapter 1254) by the Board of Environmental Protection on October 4, 1993 shall remain in effect until an adequate map is adopted by the town of Hanover, and is approved by the Commissioner of the Department.

As a result of this order of Conditional Approval for the Hanover Shoreland Zoning Ordinance, the State-imposed Shoreland Zoning Ordinance for the Town of Hanover is, hereby, repealed.