Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 1335 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF DANFORTH

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 DANFORTH ) MANDATORY SHORELAND ZONING
				ACT
WASHINGTON COUNTY )
				 38 M.R.S.A.,
				SECTION438-A(4)
STATE-IMPOSED SUPPLEMENTAL ) ADOPTION OF ZONING PROVISIONS
SHORELAND ZONING ORDINANCE
CHAPTER 1335
SUMMARY: This order adopts a Shoreland Zoning Map for the Town
				of Danforth to supplement the municipal shoreland zoning ordinance, as adopted
				on May 18, 1991.
Pursuant to the provisions of 8053, 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 land use regulations
				relating to the shoreland zone in the municipality of Danforth, 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 December 20,
			 1991, the Department of Environmental Protection (Department) approved the
			 Danforth Zoning ordinance, as adopted on May 18, 1991. At that time, the
			 Department notified the municipal officials that the zoning map, as provided to
			 the Department, failed to establish shoreland districting adjacent to
			 freshwater wetlands and streams, or clearly identify other shoreland districts
			 as described in the municipal ordinance. The color coded map legend did not
			 include district names matching the shoreland districting established by the
			 ordinance.
5. To date, the
			 municipality of Danforth has failed to amend its zoning ordinance to address
			 the above issues.
6. 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 Danforth has failed to do so, the Board has the responsibility
			 to adopt suitable ordinance provisions for the municipality.
2. The Board can address the identified
			 deficiencies in the Danforth ordinance by adopting a shoreland zoning map to
			 supplement the current municipal ordinance, using the shoreland districting
			 criteria contained in the Guidelines.
THEREFORE, THE BOARD HEREBY ORDERS AND ADOPTS for the
				municipality of Danforth the following provisions:
1. A shoreland zoning map is hereby adopted
			 as a supplement to the Danforth Zoning ordinance, as adopted on May 18, 1991.
			 The municipal ordinance shall be administered and enforced according to the
			 shoreland districting identified on that map. Where the State-imposed shoreland
			 zoning map adopts more restrictive districting than shown on the municipal
			 zoning map, the more restrictive districting shall apply.
This order shall remain in effect, and shall be binding upon
				the municipality of Danforth until amended or repealed by the Board, or until
				the municipality adopts amendments to the 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
________________________
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.