Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 375 - NO ADVERSE ENVIRONMENTAL EFFECT STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-375-14 - No Unreasonable Effect on Scenic Character

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department
				considers scenic character to be one of Maine's most important assets. The
				Department also feels that visual surroundings strongly influence people's
				behavior.
B.
Scope of
				Review
. In determining whether the proposed development will have an
				unreasonable adverse effect on the scenic character of the surrounding area,
				the Department shall consider all relevant evidence to that effect, such as
				evidence that:
(1) The design of the proposed
				development takes into account the scenic character of the surrounding
				area.
(2) A development which is
				not in keeping with the surrounding scenic character will be located, designed
				and landscaped to minimize its visual impact to the fullest extent
				possible.
(3) Structures will be
				designed and landscaped to minimize their visual impact on the surrounding
				area.
NOTE
: The following are GUIDELINES for the
				  landscaping of parking lots, which are structures pursuant to
				  38 M.R.S.A. Section482(6)
				  (B).
(a) Lighting will be shielded from adjacent
				highways and residential areas.
(b)
				Curbed planting strips will be utilized in parking areas of 2 acres or more.
				Planting strips will be a minimum of ten (10) feet wide and spaced between
				every second double bay parking aisle or 200 feet, whichever is less.
(c) When the parking lots are adjacent to a
				residential use, landscaping and/or architectural screens will be utilized to
				provide an effective perimeter separation area between property lines and the
				edge of the pavement and/or structures. There will be a minimum setback of
				fifteen (15) feet from the property line. The Department may require a similar
				provision when the parking lot is adjacent to other land uses.
(d) Planting and maintenance program
				specifications will be developed to provide the earliest establishment of
				landscape materials and their maintenance.
(e)
Planting specifications
(i) Shrubs will be planted with a 24" minimum
				size for those specified by spread.
(ii) Shrubs will be planted with a 36"
				minimum size for those specified by height.
(iii) Shade trees will be highcrowned species
				with ascending or lateral branching habit indigenous to the area, tolerant to
				existing soils and urbanized conditions, two-inch minimum caliper measured six
				inches up from the base, and planted a maximum of 30' on center.
(iv) Flowering and evergreen trees will be a
				minimum of 7' tall and planted a maximum of 20' on center.
(v) Selections for ground cover will reflect
				the project's function, expected foot traffic, exposure, and maintenance
				program.
(f) Provisions
				will be made to supply water to planted islands and other vegetated
				areas.
(4) The plans for
				the proposed development provide for the preservation of existing elements of
				the development site which contribute to the maintenance of scenic
				character.