Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 1262 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF STEUBEN
Appendix 096-1262-B - TO BOARD ORDER #BEP-B-94
CHAPTER 1000: AMENDMENTS TO THE STATE OF MAINE GUIDELINES FOR MUNICIPAL SHORELAND ZONING ORDINANCES
1. Change Section 3. Applicability, to read:
This ordinance applies to all land 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 a coastal or freshwater wetland; and 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 beyond the normal high-water line of a water body or within a wetland.
2. Change Section 14. Table 1, Land Uses in the Shoreland Zone to read:
| Land Uses | District | |
| RP | ||
| 15. | Principal structures and uses | |
| A. One and two family residential | PB9 | |
| 18. | Conversion of seasonal residences to year-round residences | LPI |
| 20. | Private sewage disposal systems for allowed uses | LPI |
Add footnote 9: Single family residential structures may be allowed by Special Exception only according to the provisions of Section 16.E, Special Exceptions. Two-family residential structures are not permitted.
3. Amend Section 16. Administration, subsection B., to read:
B. Permits Required
After the effective date of this ordinance no person shall, without first obtaining a permit, engage in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur; or expand, change, or replace an existing use or structure; or renew a discontinued nonconforming use.
A permit is not required for the replacement of an existing road culvert as long as:
1. The replacement culvert is not more than 25% longer than the culvert being replaced
2. The replacement culvert is not longer than 75 feet; and
4 3. Adequate erosion Control measures are taken to prevent sedimentation of the water, and the crossing does not block fish passage in the water course
4. Add new Section 16, E., Special Exceptions, as follows:
In addition to the criteria specified in Section 16.D. above, the Planning Board may approve a permit for a single family residential structure in a Resource Protection District provided that the applicant demonstrates that all of the following conditions are met:
1. There is no location on the property, other than a location within the Resource Protection District, where the structure can be built.
2. The lot on which the structure is proposed is undeveloped and was established and recorded in the registry of deeds of the county in which the lot is located before the adoption of the Resource Protection District.
3. The proposed location of all buildings, sewage disposal systems and other improvements are:
a. Located on natural ground slopes of less than 20%; and
b. Located outside the floodway of the 100-year floodplain along rivers and artificially formed great ponds along rivers and outside the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all buildings, including basements, are elevated at least one foot above the 100-year floodplain elevation; and the development is otherwise in compliance with any applicable municipal floodplain ordinance.
If the floodway is not shown on the federal Emergency Management Agency Maps, it is deemed to be 1/2 the width of the 100-year floodplain.
4. The total ground-floor area of all principal and accessory structures is limited to a maximum of 1,500 square feet.
5. All structures, except functionally water-dependent structures, are set back from the normal high-water line or upland edge of a wetland to the greatest practical extent, but not less than 75 feet. In determining the greatest practical extent, the planning board shall consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the floodplain, and its proximity to moderate-valued and high-value wetlands.
And change existing Sections 16 E. , 16 F. , and 16 G. to Sections 16 F. , 16 G. , and 16 H. respectively.
5. Add the following definitions to Section 17:
Floodway - the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation by more than one foot in height.
Velocity Zone - an area of special flood hazard extending from offshore to the inland limit of the primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources.
_________________________
BASIS STATEMENT
The Mandatory Shoreland Zoning Act, Title 38 section 438-A, requires all municipalities to adopt shoreland zoning provisions for shoreland areas. Shoreland areas include areas within 250 feet of the normal high-water line of tidal waters, great ponds, and rivers; within 250 feet of the upland edge of freshwater and coastal wetlands; and within 75 feet of streams. Section 438-A also requires the Board of Environmental Protection to adopt minimum guidelines for shoreland zoning ordinances. Municipal ordinances must be consistent with or no less restrictive that the Board's guidelines.
When a municipality fails to adopt a shoreland zoning ordinance consistent with, or more restrictive that the Guidelines the Board of Environmental Protection may adopt a suitable ordinance for the municipality. This rule amends the previously adopted state-imposed ordinances by the Board of Environmental Protection.
The amendments, however, do not incorporate the provision to regulate structures located over a water body or wetland, that provision would result in an unfunded mandate.
No comment were received during the written comment period which ended December 1, 1994.
IN THE MATTER OF
MUNICIPALITY OF STEUBEN) MANDATORY SHORELAND ZONING ACT
WASHINGTON COUNTY, MAINE) 38 M.R.S.A. SECTION438-A(4)
STATE-IMPOSED AMENDMENT OF ZONING MAP
SHORELAND ZONING ORDINANCE
CHAPTER 1262
Pursuant to the provisions of 5 M.R.S.A. Sections8051 - 8064, 38 M. R.S.A. Sections 435-44906 - 096 and CMR, Chapter 1000, State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, as amended May 1, 2006, the Board of Environmental Protection ("Board") has reviewed the existing land use regulations relating to the shoreland zone in the municipality of Steuben, and FINDS THE FOLLOWING FACTS:
4. 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).
5. In November of 2006, Eric Reinholdt of Elliot Elliot Norelius Architecture, agent for landowners John Bowman and Sandra Robishaw of Steuben ("landowners"), petitioned the Department of Environmental Protection to rezone an area on the north side of Carrying Place Cove, a tidal cove adjacent to Dyer Bay, between Petit Manan Point and Pigeon Hill. The area is currently zoned as a Resource Protection district. The landowners, however, seek to have the area zoned as a split district in which the first 150 feet of the shoreland zone (from the upland edge of the coastal wetland) would be Resource Protection, and the remaining 100 feet of shoreland zone be Limited Residential.
6. The area subject to the rezoning request includes portions of lots 4 through 10 in the "Carrying Place Cove South" subdivision approved by the Town of Steuben. The landowners own lot 10.
7. Department staff visited the site on November 29, 2006. On site, staff noted that all 10 lots of the "Carrying Place Cove South" subdivision are currently undeveloped. Lots 1 through 3 have flat topography, while lots 4 through 9 have steep slopes (greater than 20%) in the immediate upland. Lot 10 is distinctive in topography; the slope extends further into the property on the easterly portion of the parcel. According to the Town approved subdivision plans and the Town of Steuben Shoreland Zoning Map, lots 1-3 are zoned Limited Residential. Lots 4 through 9 have steep slopes which extend approximately 90 feet horizontal distance from the coastal wetland. The slope on Lot 10 is estimated at 130 feet, horizontal distance, from the coastal wetland at the maximum.
8. The proposed split district would serve to protect the slope from erosion potential of development while allowing landowners to build residential structures 150 feet from the coastal wetland.
9. 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 June 22, 2007 at 5:00 p.m.
BASED on the above FINDINGS OF FACT, the Board concludes that the proposed zoning change is consistent with the Department's Guidelines for Municipal Shoreland Zoning Ordinances. The split district will provide protection for steep slopes adjacent to the natural resource.
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 4 through 10 of the "Carrying Place Cove South" Subdivision on the north side of Carrying Place Cove such that the first 150 feet of shoreland zone (from the upland edge of the coastal wetland) is in the Resource Protection district and the remaining 100 feet of shoreland zone is in the Limited Residential district.
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.
DONE AND DATED AT AUGUSTA, MAINE, THIS 6th DAY OF September 2007.
BOARD OF ENVIRONMENTAL PROTECTION
BY:___________________________
Virginia Plummer, Chairwoman
Basis Statement
for Amendment to Chapter 1262
State-imposed Shoreland Zoning Ordinance for the Town of Steuben
The Rule amends the Official Shoreland Zoning Map for the Town of Steuben. Organized municipalities are required by law (Title 38 MRSA section438-A(2)) to adopt ordinances that regulate land areas within the shoreland zone. Municipal ordinances must be consistent with or no less restrictive than the Guidelines adopted by the Board of Environmental Protection (BEP). When a municipality fails to adopt a suitable ordinance the BEP is required to adopt a suitable ordinance for that municipality. The ordinance adopted by the BEP includes an official shoreland zoning map.
The town of Steuben has not adopted a suitable shoreland zoning ordinance. Therefore, the BEP adopted the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances and an official shoreland zoning map for the Town on October 4, 1993 (Chapter 1262). Only the BEP can amend the state-imposed shoreland zoning ordinance.
In early 2007 an owner of a lot in a locally approved subdivision (Carrying Place Cove Subdivision) petitioned the BEP to amend the shoreland zoning map because the petitioner's land did not meet the criteria for Resource Protection zoning. Staff reviewed the districting as it pertains to the entire subdivision and determined that the request to remove a portion of the shoreland zone from the Resource Protection district was appropriate. The Department concluded that only the first 150 feet from the upland edge of the coastal wetland on lots 4 through 10 needed to remain in the Resource Protection District. The remaining 100 feet, consistent with the Department's Guidelines, can be zoned as a Limited Residential district. The BEP concurred with the Department staff and approved the proposed map amendment.
Response to Comments
The Department received no comments during the public comment period.
