Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 1262 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF STEUBEN

1. On October 4, 1993 the Board of Environmental Protection adopted the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances and a shoreland zoning map for the town of Steuben pursuant to 38 M.R.S.A. Section438-A(4). Such action was necessary after the Town failed to adopt a suitable ordinance as required. The Ordinance was subsequently amended by the Board on December 14, 1994 (text amendment). A map amendment was approved by the Board with the effective date of October 24, 2007.

2. In August of 2007, Mark Richmond of Dyer Harbor, LLC, petitioned the Department of Environmental Protection to rezone an area on the north side of a small cove off Dyer Harbor in Steuben. The area is currently zoned as a Resource Protection district. The landowner, however, seeks to have the area zoned as a Limited Residential.

3. The area subject to the rezoning request includes portions of lots 5 through 9 in the "Tide Mill at Dyer Harbor" subdivision approved by the Town of Steuben. Dyer Harbor, LLC developed the subdivision.

4. The Resource Protection zoning was implemented on lots 5 through 9 due to the area's inclusion in a "Special Flood Hazard Area" on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map. The developer has obtained a Letter of Map Amendment from FEMA for the entire subdivision land, effectively removing the area from the Special Flood Hazard designation.

5. Department staff visited the site on November 29, 2006. On site, staff noted that all 9 lots of the "Tide Mill at Dyer Harbor" subdivision are currently undeveloped. All lots consist of low vegetation, primarily wild blueberry bushes, with a few scattered trees. The coastal wetland adjacent to lots 5 through 9 consists of mainly tidal mud flats. A tributary stream with associated wetland vegetation forms a boundary of the ninth lot. There is no mapped Significant Wildlife Habitat located on or adjacent to any of these subdivision lots.

6. A public comment period was provided in order for the abutters, town officials and other interested parties to comment on the proposed zoning change. A copy of the draft order was sent to the Town of Steuben and all abutting property owners. The public comment period extended until May 16, 2008 at 5:00 p.m. No comments were received during the comment period.

BASED on the above FINDINGS OF FACT, the Board concludes that the proposed zoning change is consistent with the Department's State of Maine Guidelines for Municipal Shoreland Zoning Ordinances.

THEREFORE, THE BOARD HEREBY AMENDS the official shoreland zoning map, adopted as part of the State-imposed Shoreland Zoning Ordinance for the municipality of Steuben, by rezoning lots 5 through 9 of the "Tide Mill at Dyer Harbor" Subdivision on the north side of a small cove off Dyer Harbor in Steuben into Limited Residential zoning.

This ORDER shall remain in effect, and shall be binding upon the municipality of Steuben until amended or repealed by the "Board", or until the municipality of Steuben adopts a shoreland zoning ordinance, consistent with the "Board's Guidelines, and is approved by the Commissioner.

1. The Mandatory Shoreland Zoning Act (Act) requires all municipalities to establish zoning controls in areas within 250 feet of the normal high-water line of any great pond, river or saltwater body; within 250 feet of the upland edge of a coastal or freshwater wetland; and within 75 feet of the normal highwater line of a stream. Such zoning standards must be consistent with or no less stringent 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 Guidelines were revised by the Board, effective March 24,1990, and again on July 14, 1992. The revised Guidelines include more stringent land use standards than the Board's earlier Guidelines. In addition, the revised Guidelines contain new zoning and land use provisions for activities in shoreland areas adjacent to streams and coastal and freshwater wetlands as required by the Act as amended in January of 1989. Following the Board's revisions to the Guidelines in 1990, the Maine legislature, and the Board as authorized in 38 M.R.S.A. Section438-A(2), established July 1, 1992 as the deadline for local ordinances to be amended consistent with the Guidelines.

3.38 M.R.S.A. Section438-A(4) requires the Board to adopt suitable zoning ordinances for municipalities which fail to adopt shoreland zoning ordinances consistent with or no less restrictive than the Guidelines.

4. The Municipality of Steuben has failed to adopt a shoreland zoning ordinance consistent with the Board's Guidelines within the time frame established by the Board. As of August 25, 1993 the municipality of Steuben has not revised its shoreland zoning and land use standards, consistent with the Board's Guidelines.

5. The Board can ensure that the municipality of Steuben has adequate shoreland zoning and land use provisions for all shoreland areas within the municipality by adopting the Board's Guidelines ordinance and an appropriate zoning map based on the districting criteria contained in the Guidelines, for the municipality.

6. On April 21, 1993 copies of the Guidelines and draft zoning map were forwarded to the municipality of Steuben for public comment. The Board also advertised in newspapers of state-wide circulation, its intent to adopt the Guidelines and zoning map for the Municipality. Comments were received by the public and town officials relating primarily to flood plain issues and issues relating to existing development patterns. Department staff conducted two public meetings and made site visits to numerous locations to resolve the issues raised during the comment period. The town also requested that the planning board be designated as the sole permitting authority in the shoreland zone due to the part-time status of the code enforcement officer. The Department believes the town's permitting request is reasonable.

1. Whereas the deadline has past for municipalities to amend local shoreland zoning ordinances consistent with the Board's Guidelines, and whereas the municipality of Steuben has failed to do so, the Board has a responsibility to adopt a suitable ordinance for the Municipality.

2. The Board can adopt a suitable ordinance for the Municipality by adopting the provisions contained in the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, as amended July 14, 1992, with an appropriate zoning map based on the districting criteria contained in the Guidelines. It is reasonable, however, for the planning board to issue all permits in the shoreland zone as requested by the selectmen.

THEREFORE, THE BOARD HEREBY ORDERS AND ADOPTS for the municipality of Steuben, all of the provisions contained in the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, as amended July 14, 1992, for all areas within 250 feet, horizontal distance, of the normal high-water line of any great pond, river or saltwater body; within 250 feet, horizontal distance, of the upland edge of any coastal or freshwater wetland; and within 75 feet, horizontal distance, of the normal high-water line of all streams, as defined in 38 M.R.S.A. Section436, except that all required permits shall be issued by the planning board. The Board further Orders that the map entitled Town of Steuben Shoreland Zoning Map, adopted by the Board of Environmenta1 Protection is hereby incorporated into the Ordinance.

This ORDER shall remain in effect, and shall be binding upon the municipality of Steuben until amended or repealed by the Board, or until the municipality of Steuben adopts a shoreland zoning ordinance, consistent with the Board's Guidelines, and is approved by the Commissioner.

1. Since 1974, the Mandatory Shoreland Zoning Act (MSZA) has required all municipalities to establish zoning and land use controls in areas located within 250 feet of the normal high water line of any great pond, river or saltwater body. In 1989, that requirement was expanded to also include areas within 250 feet of the upland edge of freshwater and coastal wetlands, and within 75 feet of the normal high water line of streams.

2. The Board establishes minimum guidelines for the local land use control ordinances. The MSZA authorizes the Board to establish a deadline for municipalities to adopt local ordinances consistent with the Guidelines and the purposes of the MSZA. The MSZA also authorizes the Board to adopt shoreland zoning ordinances for those municipalities which fail to adopt a suitable local ordinance.

3. On March 24, 1990, the Board of Environmental Protection amended the Guidelines. The Board also established July 1, 1992 as the deadline for amending local ordinances consistent with the Guidelines. The municipalities listed in Appendix A did not meet the July 1 deadline, resulting in the Board adopting the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, including amendments which became effective on July 14, 1992,for those municipalities. Those state-imposed ordinances can only be amended by the Board.

4. Additional amendments were made to the Guidelines effective August 7, 1994. It is the responsibility of the Board to amend the state-imposed ordinances for the municipalities listed in Appendix A, in order to make those ordinances consistent with the current Guidelines.

5. The August 7, 1994 amendments as listed in Appendix B, and made part of this Order, include provisions which allow:

6. Amendments referred to in paragraphs A., B., C., D. above, result in a relaxation of the Guideline standards. Paragraph E. requires additional permitting activities, whereas that paragraph establishes a greater area of jurisdiction.

7. No written comments were received during a written comment period which ended on December 1, 1994.

1. The municipalities listed in Appendix A (attached) are subject to a state-imposed shoreland zoning ordinance consisting of the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, effective July 14, 1992. It is the Board's responsibility to amend the existing state-imposed ordinances, consistent with the August 7, 1994 amended Guidelines. However, the Guideline amendment which broadens the scope of the shoreland zone to include structures located beyond the normal highwater line, is not a mandatory requirement and should not be imposed upon the municipalities listed in Appendix A.

THEREFORE, the Board hereby AMENDS the State-imposed Shoreland Zoning Ordinances for the municipalities listed in Appendix A (attached), by adopting as the text of the ordinance, the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, effective August 7, 1994, except that the ordinance shall not apply to those structures located beyond (waterward) the normal high water line or upland edge of a wetland.