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Introduction To Shoreland Zoning
Development that is too close to the shores of lakes, rivers, wetlands, and the ocean can cause soil erosion and a decline in water quality.. Poor construction practices can be unsightly, destroy valuable natural habitat, and reduce property values. Shoreland Zoning protects the environment, encourages responsible development, and prevents development that does not protect the publics interest in healthy shoreland and waters.
The Shoreland Zoning law requires that municipalities protect shoreland areas through adopting shoreland zoning maps and ordinances. Zoning ordinances provide for what types of activities can occur in certain areas. For example, they address building size and setbacks, and the establishment of resource protection, general development, residential, and other zones. Shoreland areas include areas within 250 of the normal high-water line of any great pond, river or saltwater body, areas within 250 feet of the upland edge of a coastal wetland, areas within 250 feet of the upland edge of a freshwater wetland except in certain situations, and areas within 75 feet of the high-water line of a stream.
The Mandatory Shoreland Zoning Act was enacted by the Legislature in the early 1970's and targets development along the immediate shoreline of lakes such as Bear Pond. The law requires towns to enact a shoreland zoning ordinance at least as stringent as a model ordinance developed by the state. The ordinance must apply to all areas within 250 feet of lakes, ponds, rivers, tidal areas(coastal wetlands) and freshwater wetlands, and at least 75 feet from certain streams. These areas make up the shoreland zone.
The Hartford Shoreland Zoning ordinance is more stringent thant the model ordinance developed by the state and requires Code Enforcement approval for any activity within 75 feet of the water.
Activities in the shoreland zone are regulated by the town through its code enforcement officer and planning board. The DEP oversees the town's administration and enforcement of shoreland zoning but does not issue town permits under this statute.
Resources for Learning More
Maine Forest Service Guide To Timber Harvesting in The Shoreland Zone - 230kb pdf file
Citizen Guide To Shoreland Zoning - an excellent source of info - 8Mb pdf file
Hartford’s Shoreland Zoning Ordinance - 1.2Mb pdf file
Homeowner’s Guide To Environmental Laws Affecting Shorefront Property
DEP Briefing on Laws for Waterfront Property Owners - 394kb pdf file
DEP Issue Statement on Clearing Vegetation
Maine DEP Website on Shoreland Zoning
Shoreland Zoning FAQs
How is the law implemented?
Activities in the shoreland zone are regulated by the town through its code enforcement officer and planning board. The DEP oversees the town's administration and enforcement of shoreland zoning but does not issue town permits under this statute. Your local shoreland zoning ordinance and map serve to implement the law. To assist towns in developing these ordinances, the state has drafted a model containing the standards to be included.
Who adopts, administers and enforces shoreland zoning ordinances and maps?
Municipalities are empowered to adopt, administer, and enforce their own shoreland zoning ordinance and map.
The state's primary role, through the Department of Environmental Protection, is to provide technical assistance in the adoption, administration, and enforcement of these local ordinances.
If a municipality has not adopted its own shoreland zoning ordinance, the state will impose the model. Of the 450 municipalities with shoreland zoning ordinances, approximately 70 currently have state-imposed ordinances.
What is the state's model ordinance?
As noted above, the state has developed a model ordinance that offers "minimum guidelines." Although it does not have the force of law in communities that have adopted a shoreland zoning ordinance, it is used by the state to determine whether a municipality has complied with the Mandatory Shoreland Zoning Act. Local ordinances may be more restrictive, but not less restrictive, than the model ordinance.
A municipality may achieve the intent and purpose of the model ordinance through other land use regulations. However, if a community does not adopt its own ordinance, the state model will be imposed.
The model ordinance, approved by the Board of Environmental Protection as of August 7, 1994, divides the shoreland zone into six land use districts: resource protection, limited residential, limited commercial, general development, commercial fisheries/maritime activities, and stream protection. The ordinance includes a table which lists specific land use activities and indicates, for each land use district, whether that activity is prohibited; allowed without a formal permit; or allowed with a permit from the Code Enforcement Officer, the Planning Board, or the Local Plumbing Inspector.
What types of controls are contained in the model ordinance?
The model ordinance contains numerous standards for shoreland development activities, including:
- minimum lot area and frontage;
- structure setbacks;
- clearing limitations;
- timber harvesting limitations;
- erosion and sedimentation control;
- sewage disposal; and
- provisions for nonconforming uses.
According to the ordinance, all land use activities -- even those that don't need a permit -- must comply with all the applicable land use standards described in the ordinance.
How has the law been amended since 1989?
Do certain provisions in the law override a local ordinance?
Yes. The following specific provisions in the law override local ordinances if the language contained in those ordinances is less restrictive:
- All structures - principal, accessory, temporary, or permanent - must meet the water setback requirement, except structures requiring direct access to the water as an operational necessity, such as piers, docks, or retaining walls. A structure located next to the water for convenience does not meet the test of operational necessity.
- Clearing of vegetation and timber harvesting are prohibited within 75 feet of the normal high-water line of a great pond zoned for resource protection.
- Where clearing of vegetation and timber harvesting are permitted, selective cutting of not more than 40% of the trees 4 inches or more in diameter (measured at 4½ feet above ground level) in any 10-year period is allowed provided a well-distributed stand of trees and other natural vegetation remains.
Furthermore, to provide for screening between development activities and the water, cleared openings are prohibited within a strip extending 75 feet inland from the normal high-water line, except for approved construction such as a boat accessway, and a well-distributed stand of vegetation must remain.
- Municipalities must appoint or reappoint a Code Enforcement Officer by July 1 of each year.
- Public utilities cannot hook up to a new structure in the shoreland zone without written authorization from local officials.
- Substantial expansion of principal and accessory structures within the shoreland zone must meet the water setback requirements. A substantial expansion is one that increases either the volume or floor area by 30% or more. Structures located less than the required setback from the normal high-water line may not be expanded toward the water.
- Amendments to ordinances adopted under the Mandatory Shoreland Zoning Act are not effective until approved by the DEP Commissioner.
- Municipal code enforcement officers must, on a biennial basis, submit a report of shoreland zoning transactions to the DEP.
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