Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 1337 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF WELLINGTON

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 WELLINGTON ) MANDATORY SHORELAND ZONING
				ACT
PISCATAQUIS COUNTY, MAINE )
				 38 M.R.S.A.
				SECTION438-A(4)
STATE-IMPOSED ADOPTION OF ZONING PROVISIONS
SHORELAND ZONING ORDINANCE
CHAPTER 1337
Pursuant to the provisions of
				5 M.R.S.A. Section 8053,
				38 M.R.S.A. Sections 435-44906 - 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 Wellington 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 any great pond or river; within 250 feet
			 of the upland edge of a freshwater wetland; and within 75 feet of the normal
			 high-water line of a stream. Such zoning standards must be consistent with or
			 no less stringent 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. The municipality
			 of Wellington has failed to adopt a shoreland zoning ordinance consistent with
			 the Board's Guidelines within the time-frame established by the Board. Although
			 the townspeople voted to amend the ordinance on January 6, 1992, the Department
			 found the ordinance to be incomplete and confusing. The Department notified the
			 town of its concerns and informed the town that further revisions were
			 necessary prior to July 1, 1992. To date, no further revisions have been made
			 to Wellington's ordinance.
5. The
			 Board can ensure that the municipality of Wellington has adequate shoreland
			 zoning and land use control provisions for all shoreland areas within the
			 municipality by adopting the Board's Guidelines ordinance and an appropriate
			 zoning map based on the districting criteria contained in the Guidelines, for
			 the municipality.
6. On November
			 10, 1994 copies of the Guidelines and draft zoning map were forwarded to the
			 municipality of Wellington for public comment. The Board also advertised in
			 newspapers of state-wide circulation, its intent to adopt the Guidelines and
			 zoning map for the Municipality. No written comments were received by the Board
			 during the public 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 Wellington has failed to do so, the Board has a responsibility
			 to adopt a suitable ordinance for the Municipality.
2. The Board can adopt a suitable ordinance
			 for the Municipality by adopting the provisions contained in the
State of Maine Guidelines for Municipal Shoreland Zoning
			 Ordinances
, as amended August 7, 1994, with an appropriate zoning
			 map based on the districting criteria contained in the Guidelines.
THEREFORE, THE BOARD HEREBY ORDERS AND ADOPTS for the
				municipality of Wellington, all of the provisions contained in the
State of Maine Guidelines for Municipal Shoreland Zoning
				Ordinances
, as amended August 7, 1994, for all areas within 250
				feet, horizontal distance, of the normal high-water line of any great pond or
				river; within 250 feet, horizontal distance, of the upland edge of any
				freshwater wetland; and within 75 feet, horizontal distance, of the normal
				highwater line of all streams, as defined in 38 M.R.S.A. Section436. The Board
				further Orders that the map entitled
Town of Wellington Shoreland
				Zoning Map, adopted by the Board of Environmental Protection
is
				hereby incorporated into the ordinance.
This ORDER shall remain in effect, and shall be binding upon
				the municipality of Wellington until amended or repealed by the Board, or until
				the municipality of Wellington adopts a shoreland zoning ordinance, consistent
				with the Board's Guidelines, and is approved by the Commissioner.
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 suitable ordinance for this municipality
				consistent with the Board's Guidelines.
The Department received no public comments on the proposed
				ordinance during the comment period which ended on December 30,
				1994.