Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 1262 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF STEUBEN › Appendix 096-1262-B - TO BOARD ORDER #BEP-B-94

Current through 2024-29, July 17, 2024
CHAPTER 1000: AMENDMENTS TO THE
STATE OF MAINE
				  GUIDELINES FOR MUNICIPAL SHORELAND ZONING ORDINANCES
1. Change Section 3.
Applicability,
to read:
This ordinance applies to all land areas within 250 feet,
				  horizontal distance, of the normal high-water line of any great pond, river or
				  saltwater body; within
250
feet, horizontal distance, of the
				  upland edge of a coastal or freshwater wetland; and within 75 feet, horizontal
				  distance, of the normal high-water line of a stream. This Ordinance also
				  applies to any structure built on, over, or abutting a dock, wharf or pier,, or
				  other structure extending
or located
beyond the normal
				  high-water line of a water body or within a wetland.
2. Change Section 14. Table 1,
Land Uses in the
				  Shoreland Zone
to read:
Land
							 Uses
District
RP
15.
Principal structures and
							 uses
A. One and two family residential
PB
9
18.
Conversion of seasonal residences to
							 year-round residences
LPI
20.
Private sewage disposal systems for
							 allowed uses
LPI
Add footnote 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 not
				  permitted.
3. Amend Section 16.
Administration
, subsection
				  B., to read:
B.
Permits Required
After the effective date of this ordinance no person shall,
				  without first obtaining a permit, engage in any activity or use of land or
				  structure requiring a permit in the district in which such activity or use
				  would occur; or expand, change, or replace an existing use or structure; or
				  renew a discontinued nonconforming use.
A permit is not required for the replacement of an existing
				  road culvert as long as:
1.
The replacement
				  culvert is not more than 25% longer than the culvert being replaced
2.
The replacement culvert is not longer than
				  75 feet; and
4
3.
Adequate erosion Control
				  measures are taken to prevent sedimentation of the water, and the crossing does
				  not block fish passage in the water course
4. Add new Section 16, E.,
Special Exceptions
,
				  as follows:
In addition to the criteria specified in Section
				  16.D. above, the Planning Board may approve a permit for a single family
				  residential structure in a Resource Protection District provided that the
				  applicant demonstrates that all of the following conditions are
				  met:
1.
There is no location on the property, other
				  than a location within the Resource Protection District, where the structure
				  can be built.
2.
The lot on which the structure is proposed is
				  undeveloped and was established and recorded in the registry of deeds of the
				  county in which the lot is located before the adoption of the Resource
				  Protection District.
3.
The proposed location of all buildings,
				  sewage disposal systems and other improvements are:
a.
Located on natural ground slopes of less than
				  20%; and
b.
Located outside the floodway of the 100-year
				  floodplain along rivers and artificially formed great ponds along rivers and
				  outside the velocity zone in areas subject to tides, based on detailed flood
				  insurance studies and as delineated on the Federal Emergency Management
				  Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all
				  buildings, including basements, are elevated at least one foot above the
				  100-year floodplain elevation; and the development is otherwise in compliance
				  with any applicable municipal floodplain ordinance.
If the floodway is not shown on the federal
				  Emergency Management Agency Maps, it is deemed to be 1/2 the width of the
				  100-year floodplain.
4.
The total ground-floor area of all principal
				  and accessory structures is limited to a maximum of 1,500 square
				  feet.
5.
All structures, except functionally
				  water-dependent structures, are set back from the normal high-water line or
				  upland edge of a wetland to the greatest practical extent, but not less than 75
				  feet. In determining the greatest practical extent, the planning board shall
				  consider the depth of the lot, the slope of the land, the potential for soil
				  erosion, the type and amount of vegetation to be removed, the proposed building
				  site's elevation in regard to the floodplain, and its proximity to
				  moderate-valued and high-value wetlands.
And change existing Sections 16 E. , 16 F. , and 16 G. to
				  Sections 16 F. , 16 G. , and 16 H. respectively.
5. Add the following definitions to Section 17:
Floodway
-
the channel
				  of a river or other watercourse and adjacent land areas that must be reserved
				  in order to discharge the 100-year flood without cumulatively increasing the
				  water surface elevation by more than one foot in height.
Velocity Zone - an area of special flood hazard
				  extending from offshore to the inland limit of the primary frontal dune along
				  an open coast and any other area subject to high-velocity wave action from
				  storms or seismic sources.
_________________________
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 that the Board's guidelines.
When a municipality fails to adopt a shoreland zoning
				  ordinance consistent with, or more restrictive that the Guidelines the Board of
				  Environmental Protection may adopt a suitable ordinance for the municipality.
				  This rule amends the previously adopted state-imposed ordinances by the Board
				  of Environmental Protection.
The amendments, however, do not incorporate the provision to
				  regulate structures located over a water body or wetland, that provision would
				  result in an unfunded mandate.
No comment were received during the written comment period
				  which ended December 1, 1994.
IN THE MATTER OF
MUNICIPALITY OF STEUBEN ) MANDATORY SHORELAND ZONING
				  ACT
WASHINGTON COUNTY, MAINE )
				   38 M.R.S.A.
				  SECTION438-A(4)
STATE-IMPOSED AMENDMENT OF ZONING MAP
SHORELAND ZONING ORDINANCE
CHAPTER 1262
Pursuant to the provisions of
				  5 M.R.S.A.
				  Sections8051 -
				  8064, 38 M. R.S.A.
				  Sections 435-44906 - 096 and CMR, Chapter 1000,
State of Maine
				  Guidelines for Municipal Shoreland Zoning Ordinances
, as amended May
				  1, 2006, the Board of Environmental Protection ("Board") has reviewed the
				  existing land use regulations relating to the shoreland zone in the
				  municipality of Steuben, and FINDS THE FOLLOWING FACTS:
4. On October 4, 1993 the Board of Environmental Protection
				  adopted the
State of Maine Guidelines for Municipal Shoreland Zoning
				  Ordinances
and a shoreland zoning map for the town of Steuben pursuant
				  to 38 M.R.S.A. Section438-A(4). Such action was necessary after the Town failed
				  to adopt a suitable ordinance as required. The Ordinance was subsequently
				  amended by the Board on December 14, 1994 (text amendment).
5. In November of 2006, Eric Reinholdt of Elliot Elliot
				  Norelius Architecture, agent for landowners John Bowman and Sandra Robishaw of
				  Steuben ("landowners"), petitioned the Department of Environmental Protection
				  to rezone an area on the north side of Carrying Place Cove, a tidal cove
				  adjacent to Dyer Bay, between Petit Manan Point and Pigeon Hill. The area is
				  currently zoned as a Resource Protection district. The landowners, however,
				  seek to have the area zoned as a split district in which the first 150 feet of
				  the shoreland zone (from the upland edge of the coastal wetland) would be
				  Resource Protection, and the remaining 100 feet of shoreland zone be Limited
				  Residential.
6. The area subject to the rezoning request includes portions
				  of lots 4 through 10 in the "Carrying Place Cove South" subdivision approved by
				  the Town of Steuben. The landowners own lot 10.
7. Department staff visited the site on November 29, 2006. On
				  site, staff noted that all 10 lots of the "Carrying Place Cove South"
				  subdivision are currently undeveloped. Lots 1 through 3 have flat topography,
				  while lots 4 through 9 have steep slopes (greater than 20%) in the immediate
				  upland. Lot 10 is distinctive in topography; the slope extends further into the
				  property on the easterly portion of the parcel. According to the Town approved
				  subdivision plans and the Town of Steuben Shoreland Zoning Map, lots 1-3 are
				  zoned Limited Residential. Lots 4 through 9 have steep slopes which extend
				  approximately 90 feet horizontal distance from the coastal wetland. The slope
				  on Lot 10 is estimated at 130 feet, horizontal distance, from the coastal
				  wetland at the maximum.
8. The proposed split district would serve to protect the
				  slope from erosion potential of development while allowing landowners to build
				  residential structures 150 feet from the coastal wetland.
9. A public comment period was provided in order for the
				  abutters, town officials and other interested parties to comment on the
				  proposed zoning change. A copy of the draft order was sent to the Town of
				  Steuben and all abutting property owners. The public comment period extended
				  until June 22, 2007 at 5:00 p.m.
BASED on the above FINDINGS OF FACT, the Board concludes that
				  the proposed zoning change is consistent with the Department's Guidelines for
				  Municipal Shoreland Zoning Ordinances. The split district will provide
				  protection for steep slopes adjacent to the natural resource.
THEREFORE, THE BOARD HEREBY AMENDS the official shoreland
				  zoning map, adopted as part of the State-imposed Shoreland Zoning Ordinance for
				  the municipality of Steuben, by rezoning lots 4 through 10 of the "Carrying
				  Place Cove South" Subdivision on the north side of Carrying Place Cove such
				  that the first 150 feet of shoreland zone (from the upland edge of the coastal
				  wetland) is in the Resource Protection district and the remaining 100 feet of
				  shoreland zone is in the Limited Residential district.
This ORDER shall remain in effect, and shall be binding upon
				  the municipality of Steuben until amended or repealed by the "Board", or until
				  the municipality of Steuben adopts a shoreland zoning ordinance, consistent
				  with the "Board"'s Guidelines, and is approved by the Commissioner.
DONE AND DATED AT AUGUSTA, MAINE, THIS
				  6th DAY OF September 2007.
BOARD OF ENVIRONMENTAL PROTECTION
Click
				  here to view Image
BY:___________________________
Virginia Plummer, Chairwoman
Basis Statement
for Amendment to Chapter 1262
State-imposed Shoreland Zoning Ordinance for the Town of
				  Steuben
The Rule amends the Official Shoreland Zoning Map for the
				  Town of Steuben. Organized municipalities are required by law (Title
				   38 MRSA
				  section438-A(2) ) to adopt
				  ordinances that regulate land areas within the shoreland zone. Municipal
				  ordinances must be consistent with or no less restrictive than the Guidelines
				  adopted by the Board of Environmental Protection (BEP). When a municipality
				  fails to adopt a suitable ordinance the BEP is required to adopt a suitable
				  ordinance for that municipality. The ordinance adopted by the BEP includes an
				  official shoreland zoning map.
The town of Steuben has not adopted a suitable shoreland
				  zoning ordinance. Therefore, the BEP adopted the
State of Maine
				  Guidelines for Municipal Shoreland Zoning Ordinances
and an official
				  shoreland zoning map for the Town on October 4, 1993 (Chapter 1262). Only the
				  BEP can amend the state-imposed shoreland zoning ordinance.
In early 2007 an owner of a lot in a locally approved
				  subdivision (Carrying Place Cove Subdivision) petitioned the BEP to amend the
				  shoreland zoning map because the petitioner's land did not meet the criteria
				  for Resource Protection zoning. Staff reviewed the districting as it pertains
				  to the entire subdivision and determined that the request to remove a portion
				  of the shoreland zone from the Resource Protection district was appropriate.
				  The Department concluded that only the first 150 feet from the upland edge of
				  the coastal wetland on lots 4 through 10 needed to remain in the Resource
				  Protection District. The remaining 100 feet, consistent with the Department's
				  Guidelines, can be zoned as a Limited Residential district. The BEP concurred
				  with the Department staff and approved the proposed map amendment.
Response to Comments
The Department received no comments during the public comment
				  period.