Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 1292 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF CARTHAGE

1. The MandatoryShoreland 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 or river; within 250 feet of the upland edge of a freshwater wetland; and within 75 feet of the normal high-water line of a stream. Such zoning standards must be consistent with or no less stringent than those in the State of Maine Guidelines for MunicipalShoreland 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 inshoreland areas adjacent to streams 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 July1, 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 adoptshoreland zoning ordinances consistent with or no less restrictive than the Guidelines.

4. The municipality of Carthage has failed to adopt ashoreland zoning ordinance consistent with the Board's Guidelines within the time-frame established by the Board. As of February 23, 1994 the municipality of Carthage has not revised itsshoreland zoning and land use standards consistent with the Board's Guidelines.

5. The Board can ensure that the municipality of Carthage has adequateshoreland zoning and land use provisions for allshoreland areas within the municipality by adopting the Board's Guidelines ordinance and an appropriate zoning nap based on the districting criteria contained in the Guidelines, for the municipality.

6. On October 18, 1993 copies of the Guidelines and draft zoning map were forwarded to the municipality of Carthage 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. Based on the comments received, several areas were removed from the Resource Protection District to reflect existing development. Also, the area adjacent to Podunk Pond was placed in the Resource Protection District because it serves as a municipal water supply.

1. Whereas the deadline has past for municipalities to amend localshoreland zoning ordinances consistent with the Board's Guidelines, and whereas the municipality of Carthage 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 MunicipalShoreland Zoning Ordinances, as amended July 14, 1992, with an appropriate zoning map based on the districting criteria contained in the Guidelines.

THEREFORE, THE BOARD HEREBY ORDERS AND ADOPTS for the municipality of Carthage, all of the provisions contained in the State of Maine Guidelines forShoreland 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 or river; within 250 feet, horizontal distance, of the upland edge of any 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. The Board further Orders that the map entitled Town of CarthageShoreland Zoning Map. adopted by the Board of Environmental Protection is hereby incorporated into the ordinance, The adoption of this order hereby repeals the State-imposedshoreland zoning ordinance, Chapter 41, adopted for the Municipality on June 13, 1979.

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

1. Since 1974, the MandatoryShoreland 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 adoptshoreland 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 MunicipalShoreland 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.

BASED on the above Findings of Fact, the Board makes the following CONCLUSIONS:

1. The municipalities listed in Appendix A (attached) are subject to a state-imposedshoreland zoning ordinance consisting of the State of Maine Guidelines for MunicipalShoreland 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 theshoreland zone to include structures located beyond the normalhighwater 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-imposedShoreland Zoning Ordinances for the municipalities listed in Appendix A (attached), by adopting as the text of the ordinance, the State of Maine Guidelines for MunicipalShoreland 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.