Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 1334 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF COLUMBIA FALLS

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
TOWN OF COLUMBIA FALLS ) 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 1334
SUMMARY: This order adopts a Shoreland Zoning Map for the Town
				of Columbia Falls to supplement the municipal shoreland zoning ordinance, as
				adopted on March 19, 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
				land use regulations relating to the shoreland zone in the municipality of
				Columbia Falls, 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 April 9, 1991, the Department of
			 Environmental Protection (Department) approved the Columbia Falls Shoreland
			 Zoning ordinance, as adopted on March 19, 1991. At that time, the Department
			 notified the municipal officials that the zoning map, as provided to the
			 Department, failed to identify or establish shoreland districting adjacent to
			 freshwater wetlands and streams subject to the municipal ordinance, or identify
			 Resource Protection Districts along the Pleasant River.
5. The municipal officials notified the
			 Department that the zoning map, as adopted at the March 19, 1991 Town Meeting,
			 also failed to include the above areas, and that the municipal ordinance and
			 map have, to date, not been amended to address this issue.
6. On November 21, 1994 a draft copy of a
			 supplemental shoreland zoning map was forwarded to the municipal officials for
			 comment. The Board also advertised in newspapers of state-wide circulation, its
			 intent to adopt the supplemental map for the municipality, No 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 Columbia Falls 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 Columbia Falls 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 Columbia Falls the following provisions:
1. A shoreland zoning map is hereby adopted
			 as a supplement to the Columbia Falls Shoreland Zoning Ordinance, as adopted on
			 March 19, 1991. The municipal ordinance shall be administered and enforced
			 according to the shoreland districting identified on that map.
This Order shall remain in effect, and shall be binding upon
				the municipality of Columbia Falls 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 25th 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.