Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 1333 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF SWANVILLE

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 SWANVILLE ) MANDATORY SHORELAND ZONING
				ACT
WALDO COUNTY )
				 38 M.R.S.A.,
				SECTION438-A(4)
STATE-IMPOSED SUPPLEMENTAL ) ADOPTION OF ZONING PROVISIONS
SHORELAND ZONING ORDINANCE
CHAPTER 1333
SUMMARY: This order adopts Limited Residential districting for
				the shoreland areas adjacent to two freshwater wetlands which were not included
				in the Shoreland Zoning Ordinance for the municipality of Swanville, as adopted
				on February 28, 1991.
Pursuant to the provisions of
				 5 M.R.S.A. Section8053,
				435 - 449 Section 06 - 096 and CMR, Chapter 1000,
State of Maine
				Guidelines for Municipal Shoreland Zoning Ordinances
, as amended
				August 7, 1994, the Board of Environmental Protection has reviewed the existing
				shoreland zoning ordinance for the municipality of Swanville, and FINDS THE
				FOLLOWING FACTS:
1. The Mandatory
			 Shoreland Zoning Act (Act) requires all municipalities to establish zoning
			 controls in areas within 250 feet of the normal high water line of great ponds,
			 rivers, and saltwater bodies; within 250 feet of the upland edge of freshwater
			 and coastal 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 Guidelines were revised by the Board,
			 effective March 24, 1990, and amended on July 14, 1992 and August 7, 1994. 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 in shoreland 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 July 1, 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
			 adopt shoreland zoning ordinances consistent with or no less restrictive than
			 the Guidelines.
4. On March 19,
			 1991,the Department of Environmental Protection (Department) approved the
			 Shoreland Zoning ordinance for the Municipality of Swanville, as adopted on
			 February 28, 1991. At that time, the Department notified the municipal
			 officials that the municipal zoning map failed to establish shoreland
			 districting adjacent to four freshwater wetlands, and that the ordinance would
			 have to be amended in order to be consistent with the requirements of the Act.
			 To date, the town of Swanville has not addressed this issue.
5. Department review of the four wetlands,
			 using the most current wetlands mapping, indicates that two of the previously
			 cited wetlands (identified as Wetlands #11W5 and 15 W5 on the Swanville
			 shoreland zoning map) are not forested and larger than 10 acres in size, and
			 therefore subject to municipal shoreland zoning. The other two wetlands are
			 less than 10 acres.
6. Based on
			 wetland and topographic mapping, the shoreland areas adjacent to Wetlands #11W5
			 and 15W5 meet the Limited Residential districting criteria contained in the
			 Guidelines.
7. On November 21,
			 1994, a draft copy of a supplemental ordinance was forwarded to the municipal
			 officials for comment. The Board also advertised in newspapers of statewide
			 circulation, its intent to adopt the supplemental ordinance for the
			 municipality. No written comments were received during the comment period which
			 ended on December 30, 1994.
Based on the above Findings of Fact, the Board makes the
				following CONCLUSIONS:
1.
			 Whereas, the deadline has past for municipalities to amend local shoreland
			 zoning ordinances consistent with the Board's Guidelines, and whereas the
			 municipality of Swanville has failed to do so, the Board has the responsibility
			 to adopt suitable ordinance provisions for the municipality.
2. The Board can address the deficiencies
			 identified in the Swanville shoreland zoning ordinance by adopting Limited
			 Residential districting for the shoreland areas surrounding Wetlands #1lW5 and
			 15W5, as identified on the Swanville shoreland zoning map, as adopted by the
			 municipality on February 28, 1991.
THEREFORE, THE BOARD HEREBY ORDERS AND ADOPTS for the
				municipality of Swanville, the following provisions:
1. All areas within 250 feet of the upland
			 edge of Wetlands #11W5 and 15W5, as identified on the Swanville shoreland
			 zoning map, shall be designated as a Limited Residential District according to
			 the provisions of the Swanville Shoreland Zoning ordinance, as adopted on
			 February 28, 1991.
This Order shall remain in effect, and shall be binding upon
				the municipality of Swanville until amended or repealed by the Board, or until
				the municipality adopts amendments to its shoreland zoning ordinance,
				consistent with the Board's Guidelines, and is approved by the commissioner of
				the Department of Environmental Protection.
DONE AND DATED AT AUGUSTA, MAINE, THIS 25 DAY OF JANUARY,
				1995.
BOARD OF ENVIRONMENTAL PROTECTION
BY:
Owen R. Stevens, Chairman
PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL
				PROCEDURES
____________________
BASIS STATEMENT
The Mandatory Shoreland Zoning Act, Title 38 section 438-A,
				requires all municipalities to adopt shoreland zoning provisions for shoreland
				areas. Shoreland areas include areas within 250 feet of the normal high-water
				line of tidal waters, great ponds, and rivers; within 250 feet of the upland
				edge of freshwater and coastal wetlands; and within 75 feet of streams. Section
				438-A also requires the Board of Environmental Protection to adopt minimum
				guidelines for shoreland zoning ordinances. Municipal ordinances must be
				consistent with or no less restrictive than the Board's guidelines.
In 1990 the Board of Environmental Protection amended its
				shoreland zoning guidelines and later established July 1, 1992 as the deadline
				for municipalities to update their local ordinances consistent with the
				guidelines. The Mandatory Shoreland Zoning Act requires the Board to adopt
				suitable ordinances for those municipalities which fail to adopt updated
				ordinances. This rule adopts a supplemental shoreland zoning ordinance for this
				municipality to correct deficiencies in the locally adopted ordinance, and make
				that ordinance consistent with the Board's Guidelines.
No comments on the proposed supplemental ordinance were
				received by the Department during the public comment period which ended on
				December 30, 1994.