C.M.R. 06, 096, ch. 1337

Current through 2024-46, November 13, 2024

Chapter 1337 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF WELLINGTON

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.

C.M.R. 06, 096, ch. 1337