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:
BASED on the above FINDINGS OF FACT, the Board makes the following CONCLUSIONS:
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This ORDER shall remain in effect, and shall be binding upon the municipality of Wellington until amended or repealed by the Board, or until the municipality of Wellington adopts a shoreland zoning ordinance, consistent with the Board's Guidelines, and is approved by the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