Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 1292 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF CARTHAGE › Appendix 096-1292-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
				  theShoreland 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 MandatoryShoreland Zoning Act, Title 38 section 438-A,
				  requires all municipalities to adoptshoreland zoning provisions forshoreland
				  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 forshoreland zoning ordinances. Municipal ordinances must be
				  consistent with or no less restrictive that the Board's guidelines.
When a municipality fails to adopt ashoreland 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 CARTHAGE ) MANDATORY SHORELAND ZONING
				  ACT
FRANKLIN COUNTY, MAINE )
				   38 M.R.S.A.
				  SECTION438-A(4)
STATE-IMPOSED AMENDMENT OF ZONING MAP
SHORELAND ZONING ORDINANCE
CHAPTER 1292
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 Carthage, and FINDS THE FOLLOWING FACTS:
1. On April 2, 1994 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 Carthage
				  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 January 17, 1995 (text amendment).
2. On December 12, 2007 David Harvey of Timber Meadow, Inc.
				  petitioned the Department to amend the zoning district surrounding Podunk Pond
				  in Carthage from the Resource Protection District to the Limited Residential
				  District. Mr. Harvey is the owner of Timber Meadow, Inc. and his company owns
				  all of theshoreland area adjacent to Podunk Pond.
3. Podunk Pond had been put in the Resource Protection
				  District because the pond was a public water source for the Town ofDixfield.
				  Dixfield, however, stopped using the pond as a water source numerous years ago,
				  and the Town ofDixfield has released, by deed to Timber Meadow, Inc., its
				  rights associated with the water source.
4. Department staff has confirmed, through town officials in
				  bothDixfield and Carthage, that Podunk Pond is no longer a water source
				  forDixfield and that the Town ofDixfield no longer has a legal interest in the
				  pond as a drinking water supply.
MUNICIPALITY OF CARTHAGE ) MANDATORY SHORELAND ZONING
				  ACT
FRANKLIN COUNTY, MAINE )
				   38 M.R.S.A.
				  SECTION438-A(4)
STATE-IMPOSED AMENDMENT OF ZONING MAP
SHORELAND ZONING ORDINANCE
CHAPTER 1292
5. A review of available maps and other resources indicates
				  that the Pond and its surroundingshoreland does not meet the criteria for
				  Resource Protection zoning as contained in the Department's Guidelines.
6. A public comment period was provided in order for
				  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
				  Carthage. The public comment period extended until June 30, 2008 at 5:00 p.m.
				  No public comments were received during the comment period.
BASED on the above FINDINGS OF FACT, the Board concludes that
				  the proposed zoning change, removing all of theshoreland zone adjacent to
				  Podunk Pond from the Resource Protection District and placing it in Limited
				  Residential District, is consistent with the Department's Guidelines for
				  Municipal Shoreland Zoning Ordinances.
THEREFORE, THE BOARD HEREBY AMENDS the official shoreland
				  zoning map, adopted as part of the State-imposed Shoreland Zoning Ordinance for
				  the Municipality of Carthage, by rezoning all of the land surrounding Podunk
				  Pond from the Resource Protection District to the Limited Residential
				  District.
This ORDER shall remain in effect, and shall be binding upon
				  the municipality of Carthage until amended or repealed by the "Board", or until
				  the municipality of Carthage adopts a shoreland zoning ordinance, consistent
				  with the "Board"'s Guidelines, and is approved by the Commissioner.
DONE AND DATED AT AUGUSTA, MAINE, THIS 7th DAY OF AUGUST,
				  2008.
BOARD OF ENVIRONMENTAL PROTECTION
BY:___________________________
Ernest W. Hilton, Chairman
PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL
				  PROCEDURES
Basis Statement
August 7, 2008 Amendment to Chapter 1292
State-imposedShoreland Zoning Ordinance for the Town of
				  Carthage
Podunk Pond
The Rule amends the OfficialShoreland Zoning Map for the Town
				  of Carthage. Organized municipalities are required by law (Title
				   38 MRSA
				  section438-A(2) ) to adopt
				  ordinances that regulate land areas within theshoreland 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
				  officialshoreland zoning map.
The town of Carthage has not adopted a suitableshoreland
				  zoning ordinance. Therefore, the BEP adopted the
State of Maine
				  Guidelines for MunicipalShoreland Zoning Ordinances
and an
				  officialshoreland zoning map for the Town on April 2, 1994 (Chapter 1292). Only
				  the BEP can amend the state-imposedshoreland zoning ordinance.
Podunk Pond is a great pond and has served as a back-up water
				  supply for the town ofDixfield. Because of the water supply issue the pond was
				  placed in the Resource Protection District. In the Resource Protection District
				  very little development activities are allowed. Podunk Pond is no longer a
				  back-up water supply forDixfield and the town has released its water rights.
				  The owner of the land around the pond petitioned the Department to remove the
				  Resource Protection zoning and change it to the Limited Residential District.
				  The area adjacent to the Pond does not meet any of the current criteria for
				  establishing a Resource Protection District.
The change to the Limited Residential District will allow for
				  residential development no closer than 100 feet from Podunk Pond, and will
				  allow timber harvesting activities without the need for a permit from the town
				  of Carthage.