Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 1254 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF HANOVER

Current through 2024-29, July 17, 2024
STATE OF MAINE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
17 STATE HOUSE STATION AUGUSTA, MAINE 04333
BOARD ORDER
IN THE MATTER OF
MUNICIPALITY OF HANOVER ) MANDATORY SHORELAND ZONING ACT
OXFORD COUNTY, MAINE )
				 38 M.R.S.A.,
				SECTION438-A(3)
SHORELAND ZONING ORDINANCE ) CONDITIONAL APPROVAL AND
FILE # 07-01 ) REPEAL OF STATE-IMPOSED ORDINANCE
CHAPTER # 1254
Pursuant to the provisions of 38 M.R.S.A., Section435-449, and
				06-096 C MR, Chapter 1000,
State of Maine Guidelines for Municipal
				Shoreland Zoning Ordinances,
effective March 24, 1990, and amended
				through February 13, 2000, the Department of Environmental Protection
				(Department) has considered the Shoreland Zoning Ordinance for the Municipality
				of Hanover, as adopted by the municipal legislative body on August 22, 2000 and
				FINDS THE FOLLOWING FACTS:
1. The
			 Mandatory Shoreland Zoning Act (Act) requires the Town of Hanover to establish
			 zoning controls in areas within 250 feet of the normal high-water line of great
			 ponds, and rivers, within 250 feet of the upland edge of freshwater wetlands;
			 and within 75 feet of the normal high-water line of streams. Such zoning
			 standards must be consistent with or no less restrictive than those in the
State of Maine Guidelines for Municipal Shoreland Zoning
			 Ordinances
, (Guidelines), as adopted by the Board of Environmental
			 Protection (Board).
2. The Act
			 specifies that before a locally adopted shoreland zoning ordinance, or
			 amendments to that ordinance, are effective, they must be approved by the
			 Commissioner of the Department of Environmental Protection (Department). The
			 Department may approve, approve with conditions, or disapprove a locally
			 adopted ordinance. If disapproved, or approved with conditions, such action
			 must be preceded by notice to the municipality.
3. On October 4, 1993 the Board of
			 Environmental Protection adopted a state-imposed shoreland zoning ordinance
			 (Chapter 1254) for the town of Hanover. The Board's actions were taken when the
			 town of Hanover failed to adopt a suitable shoreland zoning ordinance. The
			 state-imposed ordinance stated that the ordinance will remain in effect until
			 amended or repealed by the Board of Environmental Protection.
4. On June 6, 2001 the Department received a
			 certified copy of the Hanover Town Warrant for the August 22, 2000 special town
			 Meeting. That warrant included Article 10A, which was approved by the town
			 voters. Article 10A was presented "To see if voters will vote to adopt the
			 State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, as amended
			 February 6, 1999".
Included with the certified warrant was a copy of a shoreland
				zoning map, revised to April 1993. This map failed to provide a zoning district
				adjacent to Meadow Brook and Howard Pond Stream. It also failed to zone
				adjacent to a freshwater wetland as required by the Mandatory Shoreland Zoning
				Act. Furthermore, the town did not provide documentation for establishing a
				residential zone in a floodplain area of the Androscoggin River near the
				Rumford town line.
5. In a
			 letter dated July 9, 2001, the Town of Hanover was notified by the Department
			 of the above deficiencies. The Department noted that it planned to approve the
			 Town's adoption of the Guidelines document as the text for its Ordinance, but
			 that the map provided by the Town could not be approved due to the above noted
			 deficiencies.
Based on the above Findings of Fact, the Department makes the
				following CONCLUSIONS:
1.
			 The Town of Hanover's August 22, 2000 adoption of the Department's State of
			 Maine Guidelines for Municipal Shoreland Zoning Ordinances as the text of its
			 Shoreland zoning Ordinance is appropriate, and consistent with the requirements
			 of the Mandatory Shoreland Zoning Act. However, the zoning map that was
			 approved by the townspeople is inadequate to comply with the requirement of the
			 law. The Department, however, can approve the Town of Hanover Shoreland Zoning
			 Ordinance with the condition that the Town of Hanover Shoreland Zoning Map that
			 was adopted as part of Chapter 1254 by the Board of Environmental Protection on
			 October 4, 1993 shall remain in effect.
THEREFORE, the Department APPROVES the Shoreland Zoning
				Ordinance for the Town of Hanover, with the condition that Town of Hanover
				Shoreland Zoning Map adopted as part of the state-imposed shoreland zoning
				ordinance (Chapter 1254) by the Board of Environmental Protection on October 4,
				1993 shall remain in effect until an adequate map is adopted by the town of
				Hanover, and is approved by the Commissioner of the Department.
As a result of this order of Conditional Approval for the
				Hanover Shoreland Zoning Ordinance, the State-imposed Shoreland Zoning
				Ordinance for the Town of Hanover is, hereby, repealed.
DONE AND DATED AT AUGUSTA, MAINE, THIS 19th DAY OF JULY,
				2001.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BY: Martha Kirkpatrick,
				Commissioner