Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 1000 - GUIDELINES FOR MUNICIPAL SHORELAND ZONING ORDINANCES › Section 096-1000-14 - Table of Land Uses

Current through 2024-29, July 17, 2024
All land use activities, as indicated in Table 1, Land Uses
				  in the Shoreland Zone, shall conform with all of the applicable land use
				  standards in Section
				  15. The district designation for a
				  particular site shall be determined from the Official Shoreland Zoning
				  Map.
Key to Table 1
:
Yes - Allowed (no permit required but the use must comply
				  with all applicable land use standards.)
No - Prohibited
PB - Allowed with permit issued by the Planning Board.
CEO - Allowed with permit issued by the Code Enforcement
				  Officer
LPI - Allowed with permit issued by the Local Plumbing
				  Inspector
Abbreviations
:
RP - Resource Protection GD General Development I and General
				  Development II
LR - Limited Residential CFMA - Commercial Fisheries/Maritime
				  Activities
LC - Limited Commercial SP - Stream Protection
The following notes are applicable to the Land Uses Table on
				  the following page:
NOTE
: The term "functionally water-dependent
				  use" as defined, includes a very diverse group of uses ranging from large,
				  industrial facilities that receive shipments by water or use water for cooling,
				  to traditional commercial fishing enterprises, and public shore front parks.
				  Communities are encouraged to define the functionally water-dependent uses
				  which are to be allowed and which are prohibited in each CFMA district, based
				  on considerations of prevailing existing uses, desired future uses, available
				  support facilities, site suitability and compatibility with adjacent uses. A
				  municipality can narrow the range of allowed uses by precluding certain
				  functionally water-dependent uses, or by adopting conditional uses for certain
				  functionally water-dependent uses that it determines would only be compatible
				  with its plan for the waterfront under certain conditions.
NOTE
: Recreational water-dependent uses such as
				  marinas and excursion vessels may, in some communities, displace or threaten to
				  displace traditional commercial fisheries and maritime activities. Therefore
				  communities may wish to preclude or further limit these types of uses in this
				  district in order to protect berthing space and onshore staging areas for
				  commercial fishing enterprises.
TABLE 1. LAND USES IN THE SHORELAND ZONE
LAND USES
DISTRICT
SP
RP
LR
LC
GD
CFMA
1. Non-intensive recreational uses not requiring
						  structures such as hunting, fishing and hiking
yes
yes
yes
yes
yes
yes
2. Motorized vehicular traffic on existing roads and
						  trails
yes
yes
yes
yes
yes
yes
3. Forest management activities except for timber
						  harvesting & land management roads
yes
yes
yes
yes
yes
yes
4. Timber harvesting
yes
CEO13
yes
yes
yes
yes
5. Clearing or removal of vegetation for activities
						  other than timber harvesting
CEO
CEO1
yes
yes
yes
yes
6. Fire prevention activities
yes
yes
yes
yes
yes
yes
7. Wildlife management practices
yes
yes
yes
yes
yes
yes
8. Soil and water conservation practices
yes
yes
yes
yes
yes
yes
9. Mineral exploration
no
yes 
						  2
yes2
yes2
yes2
yes2
10. Mineral extraction including sand and gravel
						  extraction
no
PB3
PB
PB
PB
PB
11. Surveying and resource analysis
yes
yes
yes
yes
yes
yes
12. Emergency operations
yes
yes
yes
yes
yes
yes
13. Agriculture
yes
PB
yes
yes
yes
yes
14. Aquaculture
PB
PB
PB
yes
yes
yes
15. Principal structures and uses A. One and two family
						  residential, including driveways
PB4
PB9
CEO
CEO
CEO
no
B. Multi-unit residential
no
no
PB
PB
PB
no
C. Commercial
no
no10
no10
PB
PB
PB5
D. Industrial
no
no
no
no
PB
PB5
E. Governmental and institutional
no
no
PB
PB
PB
PB5
F. Small non-residential facilities for educational,
						  scientific, or nature interpretation purposes
PB4
PB
CEO
CEO
CEO
PB5
16. Structures accessory to allowed uses
PB4
PB
CEO
CEO
yes
yes
17. Piers, docks, wharfs, bridges and other structures
						  and uses extending over or below the normal high-water line or within a wetland
						  a. Temporary b. Permanent
CEO11 PB
CEO11 PB
CEO11 PB
CEO11 PB
CEO11 PB
CEO11
						  PB5
18. Conversions of seasonal residences to year-round
						  residences
LPI
LPI
LPI
LPI
LPI
no
19. Home occupations
PB
PB
PB
CEO
yes
yes
20. Private sewage disposal systems for allowed uses
LPI
LPI
LPI
LPI
LPI
LPI
21. Essential services
PB6
PB6
PB
PB
PB
PB
A. Roadside distribution lines (34.5kV and lower)
CEO 
						  6
CEO 
						  6
yes 
						  12
yes 
						  12
yes 
						  12
yes 
						  12
B. Non-roadside or cross-country distribution lines
						  involving ten poles or less in the shoreland zone
PB 
						  6
PB
6
CEO
CEO
CEO
CEO
C. Non-roadside or cross-country distribution lines
						  involving eleven or more poles in the shoreland zone
PB
6
PB6
PB
PB
PB
PB
D. Other essential services
PB
6
PB 
						  6
PB
PB
PB
PB
22. Service drops, as defined, to allowed uses
yes
yes
yes
yes
yes
yes
23. Public and private recreational areas involving
						  minimal structural development
PB
PB
PB
CEO
CEO
CEO5
24. Individual, private campsites
CEO
CEO
CEO
CEO
CEO
CEO
25. Campgrounds
no
no7
PB
PB
PB
no
26. Road construction
PB
no8
PB
PB
PB
PB5
27. Land management roads
yes
PB 
						  13
yes
yes
yes
yes
28. Parking facilities
no
no7
PB
PB
PB
PB5
29. Marinas
PB
no
PB
PB
PB
PB
30. Filling and earth moving of <10 cubic yards
CEO
CEO
yes
yes
yes
yes
31. Filling and earth moving of >10 cubic yards
PB
PB
CEO
CEO
CEO
CEO
32. Signs
yes
yes
yes
yes
yes
yes
33. Uses similar to allowed uses
CEO
CEO
CEO
CEO
CEO
CEO
34. Uses similar to uses requiring a CEO permit
CEO
CEO
CEO
CEO
CEO
CEO
35. Uses similar to uses requiring a PB permit
PB
PB
PB
PB
PB
PB
1 In RP not allowed within 75 feet
				  horizontal distance, of the normal high-water line of great ponds, except to
				  remove safety hazards.
2 Requires permit from the Code
				  Enforcement Officer if more than 100 square feet of surface area, in total, is
				  disturbed.
3 In RP not allowed in areas so
				  designated because of wildlife value.
4 Provided that a variance from
				  the setback requirement is obtained from the Board of Appeals.
5 Functionally water-dependent
				  uses and uses accessory to such water dependent uses only (See note on previous
				  page).
6 See further restrictions in
				  Section
				  15(L)(2).
7 Except when area is zoned for
				  resource protection due to floodplain criteria in which case a permit is
				  required from the PB.
8 Except as provided in Section
				  15(H)(4).
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 prohibited.
10 Except for commercial uses
				  otherwise listed in this Table, such as marinas and campgrounds, that are
				  allowed in the respective district.
11 Excluding bridges and other
				  crossings not involving earthwork, in which case no permit is required.
12Permit not required, but must
				  file a written "notice of intent to construct" with
CEO.
13 Option 3 towns only.
NOTE
: Item 17, in its entirety, should be
				  deleted from Table 1 if a municipality elects not to regulate "piers, docks,
				  wharfs, bridges and other structures and uses extending over or below the
				  normal high-water line or within a wetland".
NOTE
: A person performing any of the following
				  activities shall require a permit from the Department of Environmental
				  Protection, pursuant to
				   38 M.R.S.A.
				  section480-C, if the activity occurs in, on,
				  over or adjacent to any freshwater or coastal wetland, great pond, river,
				  stream or brook and operates in such a manner that material or soil may be
				  washed into them:
A. Dredging,
				bulldozing, removing or displacing soil, sand, vegetation or other
				materials;
B. Draining or otherwise
				dewatering;
C. Filling, including
				adding sand or other material to a sand dune; or
D. Any construction or alteration of any
				permanent structure.