Final environmental impact statement Maine's Coastal Program

[From the U.S. Government Printing Office, www.gpo.gov]

HT
Inlt~i'mation
JUL a19

Pro~ert Of CSCLibraryDEPARTM N OFCOMRCE NA
-. ~ Prperty f CSC ibraryCOASTAL SERVICES CENTER
o ~~~~~~~~~~~2234 SOUTH HOBSON AVENUE
CHARLESTON, SC 29405-2413

Final Environmental

*Maine's Coastal Program

August 1978

The preparation of this document was financed in part by a planning grant
from the National Oceanic and Atmospheric Administration of the U. S.
Department of Commerce under the provisions of the Coastal Zone Manage-
ment Act of 1972 (Public Law 92-583).

INTRODUCTION

Note to Readers:

The National Environmental Policy Act of 19,69 (NEPA) requires that an
environmental impact statement be prepared as part of the review and approval process
of major actions by federal agencies. The action contemplated is Final approval of
the Maine Coastal Program under Section 306 of the federal Coastal ZDne Management
Act of 1972, as amended.

An immediate effect of approval is the qualification of the state for federal
matching funds for use in implementing the proposed program. In addition, upon ap-
proval, the federal consistency provision of the Act goes into effect. This provides
that federal activities conducted in or affecting the coastal zone be, to the maximum
extent practicable, consistent with the approved management program,

This document is the Final Environmental Impact Statement ( FEIS). It is the
general policy of the federal Office of Coastal Zone Management to issue a combined
document which contains both the Environmental Impact Statement and Maine's
proposed program. It has the following parts:

- Introduction

A standard introduction, written by the Office of Coastal Zone
Management (OCZM), summary of the NEPA process and a
description of the Act.

- Part I (White Pages)

Part I is a description of the Maine Coastal Program; it -
was prepared by the State. The Federal Office of Coastal
Zone Management has reviewed this section and relies
upon it as the statement of the proposed action tor pur-
poses of NEPA. This description of Maine's Coastal Program
consists of nine sections and an appendix. Appendix A
describes how the Maine program meets federal approval
reaqliremen ts.
Parts II - VIII

These sections fulfill the requirements of the environmental impact assessment
process (under N--PA) and were prepared by the federal Office of
Coastal Zone Management (OCZM), with some assistance from the
state,

- ParL IX

Tlhii section contains a summary of th.: written comments received by the
Office of Coastal Zone Management Qn the draft environmental impact
statement. Responses to these comments were prepared jointly by the
OCZM and the Maine State Planning Office.
III

r IP.A SlJmmarv

( ) Draft Environmental Impact St$rremen (X ) Final Environmental Impact Statement
Circulated by the U. S. Department of Commerce, in compliance with the NEPA. For
additional information about this proposed action or this statement, please contact:

Office of Coastal Zone Management
National Oceani c and Atmospheric Administration
Kathryn Cousins
Regional Manager, North Atlantic Region or
Nancy Carter
Assistant Manager, North Atlantic Region
3300 Whitehaven Street, N.W.
Washington, D. C. 20235.

Written comments should be sent to the above address.

1. Type of Action
Proposed Federal approval of the Maine Coastal Program
(X) Administrative ( ) Legislative

2. Brief Description of Action
It is proposed that the Associate Administrator approve the Coastal Program application
of the State of Maine pursuant to the Coastal Zone Management Act, P.L. 92-538.
Approval would permit administrative grants to be awarded to the State, and require
that federal actions be consistent with the approved. program to the maximum extent
practicable.

3. Summary of Environmental Impacts and Adverse Environmental Effects
Approval and implementation of the program will foster better coordination and effective
implementation of state and local regulatory responsibilities. Enhanced municipal in-
volvement in resource management will supplement and support these responsibilities
and lead to better overall resource management in the state. While there may be some
negative impacts, approval of the proposed program will, in general, improve the quality
of the natural, social, and economic environment of the Maine Coast by: 1) providing
funds for needed resource planning and management activities at all levels of Maine's
government, and 2) allowing review of federal activities for consistency with Maine's
program. The overall impacts of carrying out the program specified should include:
improved water quality, improved management of marine species, improved management
of areas such as wetlands and steep slopes deserving special attention.

4, Alternatives Considered
The Assistant AdministratorcouTd:
1) Deny approval if the state is not adequately organized to implement the program.
2) Deny approval if the program does not provide adequate specificity and predictability.
3) Deny approval if the national interest in the siting of facilities in the coastal zone
were not adequately considered.
4) Deny approval if the program does not meet any of the other specific requirements of
the Coastal Zone Management Act.

A list of all federal, state, and local agencies and other parties receiving copies of the
FEIS is in Part VilI. This Final Environmental impact Statement was delivered to the
Envi,-onmental Prottoc.ion agency on August 23, 1a79.
'/

IN CTRODDUCTION Page

Note to Reader i

EIS Summary V

The Federal Coastal Zone Management Program xi

What Federal Approval Will Accomplish XII

Letter from Governor James B. Langley XV

PART I: DESCRIPTION OF THE PROPOSED ACTION

Section

1, INTRODUCTION TO THE PROGRAM 1

2. SUMMARY 7

3. HOW MAINE'S COASTAL PROGRAM WAS DEVELOPED 25

4. COASTAL ISSUES

4.1 Introduction 41
4.2 Natural Resource Issues 41
4.21 Water Quality 41
4.22 Land Use 43
4. 23 Air Quality 44
4.24 Recreation and Access 45
4.3 Resource Development Issues 46
4.4 Enhanced Local Involvement in Resource
Development 47

5. MAINIE'S COAST AND AN OVERVIEW OF
MAINE'S COASTAL PROGRAM 53

Section
P~g
6. GOA S, OBJr-CTIVeS, AND PO'CI 3 FOR
MAIN E'S COASTAL PROGRAM

6.1 Policies Related to Funding of Municipal
and other Governmental Projects 70
6,2 Policies Related to Resolution of Coastal
I-,.ps of Broad Concern 71
6.3 Policies Related to Program Administration 72
6.4 Policy Related to Economic Development
and Provision of Job Opportunities 73
6.42 Ecourage Port and Fishing Develcpment 75
6.5 Policy Related to Outdoor Recreation 76
6.6 Policies Related to Agriculture 78
6.7 Policies Reicated to how Maine's Management
Program Satisfies Coastal Zone Management
Requirements 80

7. THE CORE OF MAINE'S COASTAL PROGRAM:
ELEVEN EXISTING LIAWS

7.2 Protection and Improvement of Waters 97
7.3 Coastal Wetlands Act 104
7.4 Shoreland Zoning Act 115
7.5 Maine Land Use Regulation Law 130
7.6 Subdivision Law 143
7.7 Site Location Act 148
7.8 Protection and Improvement of Air Law 159
7.9 Solid Waste Management Act 164
7. 10 Alteration of Rivers, Streams, and Brooks Act 170
7.11 Coastal Conveyance at Petroleum Act 173
7.12 Marine Resources Management Law 176

8. THE PROGRAM FOR IMPROVING COASTAL RESOURCE
PLANNING AND MANAGEMENT IN MAINE

8.2 Role of State Planning Office 186
8.3 Grants to Coastal Towns 189
8.31 Formula Grants to Towns 189
8.311 Eligible Projects 189
8.312 Distribution of Formula Grant Funds 194
8.32 Supplemental Grants 197
8.4 Special Project Grants 201
8.5 Grants to Regional Planning Commissions 211
8.54 Application Procedures 215
8.6 Supplemental Funding for the Department
of Environmental Protection 216

Section Pcge

9. ORGANIZATION

9.2 The Committee on Coastal Development
and Conservation 219
9.3 The State Planning Office 220
9.4 The Municipalities 222
9.5 The Department of Environmental Protection 224
9.6 The Land Use Regulation Commission 226
9.7 The Department of Marine Resources 227
9.8 The Department of Inland Fisheries and Wildlife 228
9.9 The Regional Planning Commissions and
Council of Government 229
9.10 The Public 231

APPENDIX

A. Cross Reference 235
B. Boundaries 239
C. Geographic Areas of Particular Concern 255
D. Areas for Preservation or Restoration 271
E. National Interest, Federal Consistency,
and Uses of Regional Benefit 279
F. Authorties 307
G. Public Participation 453
H. Federal Participation 463
I. Coordination 467
J. Miscellaneous 5S1

PART II: PROBABLE IMPACTS OF THE PROPOSED ACTION
ON THE ENVIRONMENT

A. Impact from Town Projects 507

B. Impacts from Special Projects 517

C. Impacts of Regional Commission Projects 520

D. Summary of Impacts

Pag

PART III: ALTERNATIV/ES TO THE PROPOSED ACTIONS 523

PART IV: PROBABLE ADVERSE ENVIRONMENTAL EFFECTS
WHICH CANNOT BE AVOIDED 527

PART V: RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES
OF THE ENVIRONMENT AND THE MAINTENANCE AND
ENHANCEMENT OF LONG-TERM PRODUCTIVITY' 528

PART VI: IRREVERSIBLE OR IRRETRIEVABLE COMMITMENTS OF
RESOURCES THAT WOULD BE INVOLVED IN THE PRO-
POSED ACTION SHOULD IT BE IMPLEMENTED 530

PART VI I: CONSULTATION AND COORDINATION 530

PART VI II: LIST OF PARTIES FROM WHICH COMMENTS WILL BE
REQUESTED ON THIS DEIS 531

PART IX : COMMENTS OF D EIS REVIEWERS 535

T:': - eastsa! Zone Marnaement Act

The Coastal Zone Management Act of i972 (P.L. 92-583) was passed in
recognition of the importance of the coastal zone of the United States and the potentially
adverse effects of intense pressures upon this national resource. The Act authorized a
voluntary program of financial assistance to states to manage their coasts and is admin-
istered by the Secretary of Commerce, who in turn delegated this responsibility to the
National Oceanic and Atmospheric Administration (NOAA), Officeof Coastal Zone
Management. The program was substantially modified by Coastal Zone Management
Act Amendments of 1976 (P.L. 94-370).

The CZMA opens by stating "there is a national interest in the effective manage-
ment, beneficial use, protection, and development of the coastal zone." (Section 302(a)).
The statement of Congressional findings goes on to describe how competition for the utili-
zation of coastal resources, brought on by the increased demands of population growth and
economic expansion, has led to the degradation of the coastal environment, including the
"loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes
to ecological systems, decreasing open space for public use, and shoreline erosion." The
CZMA then states, "the key to more effective protection and use of the land and water
resources of the coastal zone is to encourage states to exercise their full authority over the
land and waters in the coastal zone by assisting states... in developing land and water use
programs ... for dealing with coastal land and water use decisions of more than local signi-
ficance.," (Section 302(h)).

The state level of government has prime responsibility for achieving "effective man-
agement, beneficial use, protection, and development of the ccast:l zone" (Section 302(a)).
Under Section 305 of the federal Act, up to four years of grants are available to 34 coastal
states and territories (the Great Lakes States are included) to finance up to 80 percent of
program development costs. General guidelines for the preparation of management programs
are provided in (15 CFR 923.3.)

After developing a management program, the state may submit its program to the
Assistant Administrator for approval. If a program has deficiencies which can be remedied
but prohibi t full approval under Section 306, the state is eligible for additional funding
under Section 305(d). Funds provided under this Section can be used for initial program
implementation and continued program development efforts. (15 CFR 923.74). If approved,
the s.ate is then eligible for annual grants under Section 306 to administer its management
program.

OCZM has published criteria to be used for approving state coastal management
programs and guidelines for program administration grants (15 CFR Part 923.72.)
These criteria and guidelines set forth: (a) the standards to
be utilized by the Assistant Administrator in reviewing and approving coastal management
programs developed and submitted by coastal states for approval, (b) procedures by which
coastal states may qualify to receive program administrative grants, and (c) policies for
the administration by coastal states of approved coastal management programs. The Assis-
tant Administrator will review the management program in accordance with the following
jeneral requirements:

1) The Act clearly envisions that such activities as population growth and economic
development will occur in a manner that recognizes and reflects the findings of Sections
302 of the Act. The Act emphasizes that important ecological, cultural, historic, and
aesthetic values such as living marine resources, wildlife habitats, public and open space,
and nutrient rich areas are being lost or adversely affected by population growth and eco-
nomic development in the coastal zone,

2) That the policies, standards, objectives, and criteria upon which decisions
pursuant to the program will be based are articulated clearly and are sufficiently specific
to provide (i) a clear understanding of the content of the program, especially in identify-
ing who will be affected by the program and how, and (ii) a clear sense of direction and
predictability for decision makers who must take actions pursuant to or consistent with the
management program; and

3) That there are sufficient policies of an enforceable nature to insure the imple-
mentation of and adherence to the management program.

As of January 1, 1978, 33 out of 34 eligible coastal states and territories had
received program development grants and three states (Washington, Oregon, and Cali-
fornia) and two segments had received program approval under Section 306. This is
one of several programs coming in for approval prior to October 1978.

The 1976 Amendments established a new assistance program consisting of grants,
loans, and bond guarantees to states impacted by OCS oil and gas or other forms of
energy development. In order to be eligible for assistance, a state must be receiving
development (305) or administrative (306) grants, or, in the Assistant Administrator's
view, be developing a management program consistent with the policies and objectives
contained in Section 303 of the Coastal Zone Management Act. Other sections of the
Act provide grants to states to coordinate, study, plan, and implement interstate
coastal management programs (Section 309); allow the Assistant Administrator to conduct
a program of research, study, and training to support state management programs (Section
310) and provide grants to states to acquire lands for access to beaches and other public
coastal areas (Section 315).

Besides the Financial assistance incentive for state pcarticipation, the Coastal Zone
Management Act stipulates that federal activities affecting the coastal zone shall be, to
the maximum extent practicable, consistent with approved statement management programs,
the "federal consistency" requirement, Section 307(c)(1) and (2). The state must concur
with any applicant's certification that a federal license or permit affecting land and
water uses within the coastal zone is consistent with the state's coastal management program
before the federal license or permit can be issued. Section 307 of the Coastal Zone Manage-
ment Act requires that any outer continental shelf oil and gas activity described in an ex-
ploration, development, or production plan be certified prior to any approval by the
Department of the Interior. All direct federal development activities and certain forms
of federal assistance to state or local governments must also be consistent with the ap-
proved program. Section 307 further provides for mediation by the Secretary of Commerce
when serious disagreement arises between a federal agency and a state with respect to the
administration of a state's program and shall require public hearings in the concerned
locality

X!I

What Federal Approval Will Accomplish

Maine's proposed program has two basic components. One aspect of the
program is, to show that existing laws are adequate to meet the requirements of the
Act. The other, found mostly in Section 8 of Part l, is to fund local, state, and
regional agencies to expand and promote sound coastal management. While the
basic framework of this program is established in Maine by its existing laws, the
funding made possible by program approval will provide the means to accomplish a
more comprehensive and coordinated resource management effort which complements
and supports these laws.
The Maine Coastal Program will be directed to support activities which will
improve resource management and which enhance implementation of the core laws.
These eleven laws form the basis for a strong regulatory system to manage land and
water resources in the coastal area and provide an effective means of controlling
development and conserving those natural resources in need of protection.

Though Maine has based its Coastal Program upon existing authorities, the
greatest anticipated changes will be:

- A more extensive approach to coastal resource conservation and
development;

- Greater state, local, and regional cooperation;

- Better implementation of existing state laws promoting sound coastal
management by all levels of government;

- Enhanced municipal involvement in resource planning and management;

- Funding to municipalities to carry out site specific studies implementing
state policies;

- Technical assistance to municipalities from regional and state personnel;

- Increased coordination between coastal towns on cooperative projects
to implement coastal policies effecting more than one jurisdiction;

- Greater public awareness and knowledge of sound resource management
practices;

- More coordinated'management of state activities in the coastal area;

- Greater predictability in facility siting;

- Enhanced management of fisheries resources;
- The process for continued consideration of national interest in siting
facilities and resource protection has been identified.
- Federal activities CFFecing the coastal area will be required to be consistent
to the maximum ex .:Pr zacticable with the Maine Coastal Program.

,FEI'.F rHE GOVERi:OFR
'"'GIJ'I~ MAINE 0433Z

August 4, 1978
Rob~-rt Knecht
.'.".stant Admini.krrator
Office of Coastal Zone Management
Department of Commerce
Page Building No. 1
3300 Whitehaven Street
Washington, D.C, 20235

Dear Bob:

With this letter I am transmitting the Coastal Program of the State of Maine for
approval. After reviewing this program, I approve and endorse its implementation in the
State of Maine. I am committed to carrying out the goals, policies, and provisions of
the Coastal Program and am directing State agencies to use this as a guide for their activities
in the coastal area.

The people of the State of Maine and officials from all levels of government have
had an opportunity to review and comment on Maine's Coastal Program, first on the program
draft, then on the Draft Environmental Impact Statement. Revisions in the program have
been made in response to comments offered by the public and governmental agencies in the
course of this review. The program represents state policy as it applies to the coastal area.
As Governor, (1) I can attest that the eleven existing laws which form the legal basis for
the program provide the necessary authority and that the State has the organizational struc-
ture to implement the program, and (2) I have designated the State Planning Office to receive
and administer the implementation grants in accordance with the provisions of the program.
This agency has the legal authority, as well as fiscal and administrative capability, to carry
out the responsibilities specified for it in the program,

Because our Coastal Program has been developed in close consultation with the
people of the State of Maine residing in the affected areas, I believe its provisions are in the
best interest of the State and the nation. I trust you will approve this program proposal at
your earliest opportunity.

Thank you for your assistance and coop-ration.'

Sincerely,

J~AMES B ELEY
JBL:sg Governor
cc: A. Pease, SPO
J. Childs, Chairperson, CCDC

Ilk I

Section 1

Section Title Contents of Section Section Number

- The purpose of and format
INTRODUCTION far this documntn

SUMMARY -The highligh of 2
Maine's Coastal prgrom

BACKGROUND ~ - foW Maine'$ program developed
Athrough strong citizen participation 3

COASTAL ISSUES - A general description of resource 4
and resource development issue
and enhanced local involvement
"Wough progom fwnding

MAIN E'S
COASTAL PROGRAM

* OVERVIEW OF THE
COAST AND THE
PROGRAM
Fusndng policie
Policies for ;sua of broad concern
* POLICIES ~ AdminiSlvtivC policies development 6
* Economic policy
- Development and natural resource
policies based an existing Maine 10"

9 THE CORE OF A descriptian of the laow, Itheore
THE PROGRAM: vt how they 7
II LAWS

0 THE PROGRAM FOR N oH kindsw;l hbe allocated to lh,
IMPROVING RESOURCE special projects, RPCA andlae 8
PLNNNci es an d huadrho proaftI will
PLANNING AND be odinlistered
MANAGEMENT
- &ecgmpd infamotion to supplewent
ORGANIZATION Ihe oaboe, puimarily for we by pee0" 9
interested In ho- mainle's pFoPGM
meets OCZM reqvirementn

Negative comments break into two groups. The one set, expressed only at the
Wiscasset hearing noted "anti "-attitudes toward planning, federal and state funds, and
the existing laws. The second category includes the opinions of the League of Women
Voters, the Natural Resources Defense Fund, and Orlando Delogu, Professor of Law
at the University of Maine, that the program either did not meet the requirements of the
Act or did not give enough control or funds to state government to "network" and better
enforce current laws.

Concerns expressed about the program included:

- Regulations and requirements will get tighter as the program moves
along.

- Policy refinements might lead to regulations and leave out public partici-
pation.

- Many questions were asked regarding eligibility criteria for funding.
People would like to see funds used for activities such as acquisition,
dredging, construction, etc.

- Questions were raised about the make-up of the Committee on Coastal
Development and Conservation and the decision-making procedures.
There were suggestions to expand the committee for greater representation.

Of the 44 formal statements made at the six meetings, 37 were positive and
supportive, 6 were critical or negative, and 1 was admittedly ambivalent.

Responses to questionnaires administered at the meetings are included in Ap-
pendix G.

to tncierrake .nao;,-,, invenrory work, data analysis, and inforrrarional end -ecnnizl
services. . ense funds hale also been used to develop a long-range program Fcr the
coast. Such a program would draw on so-called "306" Coastal Zone Managerren; F;unds
This reort describes rk.ar onj-range program. It represents a new direction in that
mncst of the FederLl F inds would be made available for eligible local projects with lesser
ano.,n rs a llcrjc i ; progr]am Administration, technical assistance, and to the develop-
n,_t:ir id poblicy recut,mmendarions on issues of broad concern.

I .3 rGW'N DOES MAINE'S COASTAL PROGRAM RELATE TO THE COASTAL
ZONE MANAGEMENT ACT?

WAhen Congress approved the Coastal Zone Management Act of 1972 it recog-
nized a national interest in the coastal areas of the nation. The Act views the
resources of tee coa:r as worthy of protection, development and restoration, seeks
to encourage states to assert their responsibilities in the area and calls for Federal,
lo2ru t ni l,,,:,:1 -. .;f,ralion. it alko makes substantiul 'urn; of money ucvailb:ll to
;hose coastal states wishina to participate through the submission of a program that
conforms with minimum Federal requirements.

Maine's Coastal Program has utilized "305" Funds made available through the
Office of Coastal Zone Management (an office within the National Oceanic and
Atmospheric Administration and a division of the U. S. Department of Commerce),
in parr, to help Finance the work necessary to the development of this report and
application.

During this time, it has become increasingly evident that it is in the state's
interest to apply for "306" funds. In numerous meetings persons concerned with the
coast hlave supported the idea of seeking "306" funds to administer a Coastal Program
such as described in this report and have supported the program itself.

The lead agency for initiating and coordinating Maine's Coastal Program will be
the Maine State Planning Office. This office, as part of the Executive Department,stays
abreast of trends in resource use and development needs. Further, in resolving problems,
it takes a balanced approach which recognizes broad regional, state, and national needs
and interests. This approach will be reflected in the program's activities.

Thus, because there is a common goal to both Maine's program and that spelled
our in the Coasral Zone Macnagement Act, it is appropriate that the State show how
it meets Federal requirements and thereby qualify For funding. This description of
Maine's Coastal Program is organized to both explain to Maine people how Funds
will be used if the application is successful and to show others how the program fits
with "�306" rules and regulations. The bulk of the technical information showing,
in Federal terms, how Maine's program meets requirements is contained in the
Appendix.

The organization and content of this report is described separately elsewhere
In this section.

3.34 PUBLIC INFORMATION

In addition to the meetings described above, efforts have been made in the
following ways to provide information on Maine's Coastal Program.

I . State Planning. Office Digest and Coastal Program Newsletters.

Published on a bimonthly basis, the State Planning Office Digest includes
a regular update on the activities of the Coastal Program. The Digest includes
in its regular circulation:

Regional Planning Commissions
State Legislators
Federal Agencies with grants to the State Planning- Office
University of Maine
Businessmen
Local Development Organizations
Conservation Organizations
Resource Conservation and Development Offices
City Planners
Planners in State Departments
Interested Individuals

The Digest serves as a means of communication among members of the planning
community and encourages intergovernmental coordination. Altogether there are
about 350 persons or groups on the regular Digest mailing list.

When there were more involved issues to discuss than could be covered in the
Digest, a newsletter or an update on the program was published. Such Newsletters
or Updates were mailed to everyone on the State Planning Office mailing list, and
distributed at public meetings. The mailing list has grown from about 900 to over
I , 900 addresses.

2. Press Coverage.

The press has been utilized to inform the public of notable events in the
program. Press releases describing aspects of the program and announcements of
public meetings have been given directly to coastal newspapers, sent out through
the wire services, and distributed through thie services of the Governor's Communi-
cations Coordinator. (His -information package is mailed weekly to all of the
state's newspapers, radio and television stations, and department heads.) Also,
some coastal newspapers have prepared articles an various aspects of the program
and have provided coverage of local meetings. (A file of news releases and news-
paper clippings is available at the State Planning Office.)

arid oaer teaeral agencies nave a particulair .rr~e I LwIVV.1.t v~n 1-.
the national interest is described in Section E of the Appendix. The administrative procedures
for reviewing federal actions for consistency with Maine's program are also found in Section E
of the Arioendix.
The mine Sections comprising the main body of this text include Section I1, the
Introduction to the entire '306' application, and Section 2, the Sumnmary. Section 3
serves to explain how the Program was developed and emphasizes the roles various
citizens, groups, and agencies have played. Section 4 identifies the major issues
t~hat are important to the coast of Maine .

Section 5 describes the extent of the coastal area. Section 6 begins with a
goal statement and contains the policies that have been established to guide the
Coastal Program.

The core of the Program, the I I existing laws which enable Maine to satisfy
Federal requirements and on which Maine's application for `306" funding is based, are
described in detail in Section 7. Section 8 deals with the way in which Maine will
utilize the funds made available through the Coastal Zone Management Act. The
final part of the main text, Section 9, identifies the roles and responsibilities of
the Committee on Coastal Development and Conservation, the State Planning Office,
and the other groups and agencies of government involved in Maine's Coastal Program.

HOW THIS REPORT IS ORGANIZED

Section Title Contents of Section Section Number

INTRODUCTION FM Ai. doctiflag
. isi wmifghis of2
SUMMARY M a n ' catlhgo

BACK GROUND - No mall *UI prga eeoe 3

COASTAL ISSUES A geteal "ciptir Fmd*ce 4
mdr~.divalopemp issu

MAIN E'S
COASTAL PROGRAM

* OVERVIEW OF THE A 0srpat
COAST AND THE *up
PROGRAM

Feluicia I'm .isu of brood drawm
�POLICIES 160maic policy
Deowv inp.m and me"",'O r4OWV
"licla hand an eaiiring hii.ll Ie.

* THE CORE OF - doerpsan of"..'e- lairs,* ae
THE PROGRAM: weZz9"histerod~~i
11 LAWS

*THE PROGRAM FOR -o. n*ill be allocated M M-.ef
IMtPROVING RESOURCE "ei pojct, bPCs andingo
*esancieu ad h"o 'he prowd -;II
PLANNING AND b oe abirn;"ra
MANAGEM ENT

*ORGANIZATION i n War* ".' 9 4e
4 ear cam -ewressi'

Section 2

Section Title Contents of Section Section Number

INTRODUCTION - The purpose ofad Format
INTRODUCTION ~~~~~~~~~~~~~~~~~~~~~~~~~~~for this document

SUMMARY - The highlight of 2
Moine's Coostol Program
BACKGROUND - How Maine's pogrom developed 3
throuBh strong citizen participation

COASTAL ISSUES - A general description of resoure 4
and resource development issue
and enhanced local involvement
through progam funding

MAIN E'S
COASTAL PROGRAM

* OVERVIEW OF THE
COAST AND THE - Adrlption 5
PROGRAM

- Funding policies
. Policies for issues of broad concern
0 POLICIES - Administrative policies development
- P C Snom C p olicy
- Development and ndturl resorc
policies based an existing Maine law

* THE CORE OF - A description of the laws, theorfa
TH E PROGRAM: a and w they rg7
II LAWS

* TH E PROGRAM FOR - How fun& will be ollocoted to towne,
IMPROVI N G R ESOURCE special projects, RPS and state
"anci as nd how rho Woffdm ill
PLANNING AND ge adminiowe owi
MANAGEM ENT

. Backogrmmd information to splement
the aobe, pimorily for ue by pers a
* ORGANIZATION Interested in how Maine's Wrogam
meets OCZM *ewirewents

3.3313 Meetings with Conservation and Development Organizations

In addition to the local meerings, the public participation effort has been
directed toward obtaining input From many groups with diverse interests in the
use of the coast. For this reason the State Planning Office held two meetings
with leaders of the major conservation organizations in Maine and two meetings
with representatives of the major organizations of businesses and .industries with an
interest in the use of the coast. The material discussed at these rieetings was the
same as that covered at the local meetings.

(More detailed information on this first round of local meetings will be
found in App--ndix G.)

3.332 FEEDBACK: THE PREVIEW OF THE 306 APPLICATION

At the meetings described above, participants expressed their preferences
for the future of the Coastal Program. Recorded on questionnaires or notes made
at the meeting, these preferences on the key issues to be addressed in the applica-
tion were built into a "Preview" of the application. These key points are listed
below:

1. The majority (66%) of the expected funds will be allocated for local
projects that encourage sound resource planning and management and
compatible development.

2. The boundaries of the program will include the territorial sea and
the areas inside all towns on tidewater.

3. The program will be based on existing state laws.

4. The program will develop recommendations for refinements in existing
state policy on issues where it is felt such changes may be desirable;
these issues include. heavy industrial siting, outer continental shelf
development, and others.

The purposes of the Preview were (1) to bring together the ideas expressed
in the first round of meetings, (2) to outline a 306 program based on them, and
(3) to get public review and comment in order to verify that this direction was
indeed the preferred one. Following a map of the proposed boundaries of the
program and a short history, the Preview briefly described the six Maine laws on
which it was felt the program could be based. Then, it discussed the proposed
allocation and use of the 306 funds.

Two key advisory groups are the Committee on Coastal Development and Con-
ser,,ation and the Technical Advisory Committee; the former consists of public represen- W
taties (6), legislators (2), state agency directors (8), and a representative from the
Uniersity of Maine and from a regional planning commission; the latter is a committee
of technical experts dra,-,n From state, local, regional, and in-state Federal agencies.

$Jreys, questionnaires, and meetings have been very important to the
de,,elopmeir of Maine's Coastal Program. An August, 1976, survey of coastal towns
indiruted that most towns wished to participate in the Coastal Program. Twenty-five
meetings between October, 1976, and February, 1977, in the coastal area provided
opportunity for participants to state their preferences on how funds should be expended
and '-hat the limits of the coastal area should be. They also stated that the program should
be based on existing laws and that consideration should be given to the development of
recommendations on issues of broad concern.

Subsequent'to these meetings and a meeting with Federal agencies with an
interest in the program, a "Preview" of this application was drawn up. Over 1,900
individuals and groups received copies of the Preview and twelve more informational
meetings were held. Overall, the response was most positive and, consequently, the
Committee on Coastal Development and Conservation has urged the writing of this
proposal, continued public involvement, and another meeting with Federal agencies to
explain Maine's Coastal Program in more detail.

In November of 1977, six public hearings were held to elicit further comment on
the program. In March, 1978, Governor Longley submitted the program to OCZM for federa.
approval. A Draft Environmental Impact Statement was issued in April, and three public hear-
ings were held in May. The response of the coastal citizens was positive, encouraging further
efforts to seek program approval.

2 .2 COASTAL ISSUES

Essential to the formulation of Maine's Coastal Program has been the identi-
fication of those issues and problems that the program should address. Three broad
categories of issues have been established by coastal residents, advisory groups, and the
State Planning Office.

The first category relates to issues such as pollution prevention, the conservation
of wildlife habitat, wetlands and scenic beauty, fisheries management, shoreland
development and the siting of subdivisions and other large-scale developments. These
are issues that Maine has already addressed by adopting land and water use laws.

Eleven of these existing laws are the heart of Maine's Coastal Program application;
they are the:
Protection and Improvement of Waters Law
Coastal Conveyance of O[I Low
Protection and Improvement of Air Law

With the option of choosing from a list of 34 suggested projects within 10
categories, or listing projects of their own, respondents selected and rated the
five projects on which they placed the highest priority. In order of preference,
the three most favored categories of projects were "Economic Development,"
"Preoaration of Town Ordinances, "and "Collection and Refinement of Information".
Also listed in order of preference, the three most frequently chosen projects were
economic development through planning for the 'Wise Use of Natural Resources,"
"Commercial Development," and "Preparation of a Comprehensive Land Use Plan".

The results of this survey were used to provide direction for the program in
two ways. First, the fact that nearly all of the responding towns expressed interest
in the Coastal Program gave the impetus for proceeding with the development of this
306 application. Second, because coastal municipalities expressed a strong need
for funding for local projects in resource planning and management, the program is
being developed to satisfy that need.

(A more complete summary of the survey results is in' Appendix G.)

3.33 MEETINGS WITH INTERESTED AGENCIES, ORGANIZATIONS, AND
INDIVIDUALS

One of the most significant aspects of Maine's effort to obtain public par-
ticipation in developing the 306 program has been the use of face-to-face meetings
with agencies and individuals who might be interested in the program or affected
by it. This approach and its results are described in subsections 3.331, 3.332, and
3.333.

3.331 SEEKING DIRECTION FOR THE COASTAL PROGRAM: THE FIRST ROUND
OF MEETINGS

At the Governor's request, the Coastal Program was reoriented to include
more public participation. The first step in this reorientation was to seek direction
for the program in a series of meetings with the advisory groups described above and
with representatives of Federal agencies, local organizations, and statewide con-
servation and development organizations.

3.3311 Meeting with Federal Agencies

On August 10, 1976, representatives from the Maine Coastal Program met
with Federal agency contacts under the auspicies of the New England River Basins
Commission (NERBC) to discuss progress of Maine's program and to invite Federal
agency comment on, and information for, the program. Attendees reviewed the
status of Maine's Coastal Program and discussed its current direction. They also
heard a report on key elements of the recently signed Coastal Zone Manugement Act

MAINE'S COASTAL AREA
AND THE NEW ENGLAND C0,STLINE
5^, d6, .w~w,%1 , Maine's
1o0 Coastal Program i

a Nov. 1977 SIX PUBLIC HEARINGS HELD ON OCTOBER DRAFT

Well publicized hearings attended by a total of 227 people, mostly local
officials as wellI as organization representatives.,

a Dec. 1977 PROGRAM REVISED TO REFLECT INPUT FROM PUBI IC AND FEDERAL AGENCIES
* March 1978 Program signed by Governor Langley and submitted for federal approval
* April 1978 Draft Environmental Impact Statement circulated
9 May 1978 Public Hearings Held

3.3 SUMMARY OF PUBLIC AND GOVERNMENTAL INVOLVEMENT IN DEVELOP-
ING MAINE'S COASTAL PROGRAM

In developing Maine's Coastal Program, a number of efforts have been made
to involve interested agencies and individuals. In this section these public partici-
pation efforts are described in the following subsections:
3.31 Advisory Groups
3.32 Survey of Town Land Use Planning and Management Needs
3.33 Meetings With Interested Agencies, Organizations, and Individuals
3.34 Public Information
3.35 Hearings

3.31 ADVISORY GROUPS

To increase the ongoing public participation in Maine's Coastal Program, two
advisory groups were formed. Described in subsection 3.311, the Committee an Coastal
Development and Conservation provides policy direction for the program, while the
Technical Advisory Committee, described in subsection 3.312, provides technical
expertise and intergovernmental coordination.

3.311 THE GOVERNOR'S ADVISORY COMMITTEE ON COASTAL DEVELOPMENT
AND CONSERVATION

The. Committee on Coastal Development and Conservation is responsible for
guiding Maine's Coastal Program and for providing recommendations on coastal
policy issues. Established in February 1976, by an Executive Order (see Appendix Fl),
this new committee replaced a'smnaller one of the some name that had been established
to deal with issues relating to outer continental shelf (OCS) development.
Bringing together many different points of view, the Committee i's composed
of representatives of the general public and of a number of governmental agencies.
* ~~At present its membership includes-
6 Representatives of the Public
2 State Legislators
I Regional Planning Commission Director
I Representative of the University of Maine
8 Directors or Commissioners of State Agencies

The Program's Activities Are Balanced

The program's activities are of many different sorts. To be effective and balance,
they include both the implementation/administration of the state's existing land use laws
and other activities intended to improve resource use while also improving economic and
social conditions. These latter activities involve increasing the productivity of coastal
resources, encouraging selected economic activities which are the most beneficial,
technical assistance, and other similar activities.

To a large extent, Maine's existing system is focused on regulation. To be more
effective in bringing about improved resource use, it should be supplemented by
resource enhancing projects which increase productivity and encourage the native
coastal economy, such as deep sea and shell fishing, forestry, recreation, and
shipping.

The Program Consists of Existing and Proposed Activities Woven Together

Clearly perceiving the relationships between the parts of Maine's
program and the whole is made difficult by Maine's unusual situation.
This is that the Maine legislature and Governor established authorities by law and
provided funding to implement these authorities before the passage of the Coastal
Zone Management Act. These laws principally address the regulatory side of Maine's
Coastal Program. The laws include those such as Site Location Law, Wetlands Law,
Shoreland Zoninc! Law, and others which are the core of the program. These are an
important part of the program which enable us to meet the federal requirements for
controlling certain types of high-impact activities and controlling uses of sensitive
environmental areas.

However, as explained earlier, the whole of Maine's Coastal Program is much
broader than merely having restrictions on particular uses or areas. The fabric of the
whole program has been formed by weaving together the threads of existing laws (re-
ferred to above and described in detail in Section 7) and existing programs to imple-
ment these laws with the new threads of Federal Consistency and projects to be under-
taken with 306 funding. What we are concerned with here is how we can most ad-
vantageously supplement our existing programs to improve the management of coastal
resources. Briefly, if Maine's program is approved, existing regulatory activities will
be complimented by a variety of activities at the local, county/regional, and state
levels which are broader in scope.

Because public and governmental input has been so important to the development
of this new direction in Maine's Coastal Program, Sections 3.2 and 3.3, which follow,
outline the history of the program and describe its development in detail.

3.2 OUTLINE OF THE HISTORY OF MAINE'S COASTAL PROGRAM

e 1969 MAINE'S COASTAL PLANNING PROGRAM INITIATED
Responding to increased development on the coast, Governor Curtis established
the Coastal Planning Program in the State Planning Office. Land Use Regu-
lation Commission also established.

o 1970 THE SITE LOCATION OF DEVELOPMENT ACT IS ENACTED
COASTAL CONVEYANCE OF PETROLEUM-ACT ENACTED

- 1971 SHORELAND ZONING ACT INTRODUCED AND PASSED

e 1972 COASTAL ZONF AA NAGEMENT ACT ENACTED

e 1974 MAINE RECEIVES ITS FIRST GRANT UNDER SECTION 305
Available in yearly grants for up to four years, Section 305 grants have
enabled Maine to greatly expand the services of its Coastal Program. Over
the past three years these services have included: resource inventory and
analysis; information and education (maps, publications); technical assist-
once; initiation of the policy development process.

* Spring, MAINE SUBMITS ITS FIRST 306 APPLICATION AND THEN WITHDRAWS
1975 This application, which would have covered only the mid-coast section,
was quite controversial at the local level. In response to public opinion,
the application was withdrawn, and Governor Longley requested that the
program be redirected to be more responsive to public needs.

* Dec., TECHNICAL ADVISORY COMMITTEE FORMED FOR COASTAL PROGRAM
1975 Made up of representatives of Federal, state, regional, and local government,
this committee provides a forum For discussing the program and a means of
providing feedback from others involved in planning efforts in the coastal
area .

a Feb., GOVERNOR'S ADVISORY COMMITTEE ON COASTAL DEVELOPMENT AND
1976 CONSERVATION ESTABLISHED
This broadly representative group brings together representatives of many
different coastal interests, both public and private, to provide direction
for the Coastal Program and recommendations on coastal policy issues.

Policies Related to Program Administration
- provide ongoing opportunity for public and governmental participation;

- maintain the Governor's Advisory Committee on Coastal Development
and Conservation;

- designate the State Planning Office (S.P.O.) as the key technical
agency to administer the program and act as staff to the above group;

Policies Related to Economic Development and Jobs
- encourage development activities that provide substantial economic benefits
and job quality and that are compatible with environmental quality, social
conditions, and traditional forms of coastal employment.

Policies Related to Outdoor Recreation
- improve and expand opportunity for Maine people and visitors to the state
for outdoor recreation on the coast.

Policies Based on Existing Laws
- assure that commercial and industrial development 12 M.R.S.A. , 4811
planned for areas within 250 feet of high water Shoreland Zoning
is located on sites with suitable soils that have and the Shoreland
been designated for such uses; Guidelines

- assure that all development in shoreland areas 12 M.R.S.A. � 4811
is conducted in such a manner that safe and Shoreland Zoning
healthful conditions are maintained;

- assure, through a permit procedure, that the 30 M .R.S.A. f 4956
subdivision of land is conducted in such a Subdivision Law
way that air and water quality standards are
maintained, soils remain stable, safe high-
way conditions prevail, waste disposal is
provided for, and scenic values and areas of
natural beauty are conserved;

- assure that the quality of the natural environ- 38 M.R.S.A. 1 481
ment is maintained by requiring a permit for Site Location
large-scale developments.

Policies Related to Natural Resource Management
- maintain the quality of the water in the coastal area;
- protect the quality of coastal wetlands;
- maintain soil stability and minimize erosion;
- manage activities in flood plain areas to minimize flood damage;
- conserve natural, historic, and scenic resources;
- conserve wildlife and fisheries resources;
- maintain state air quality standards.

3. HOW MAINE'S COASTAL PROGRAM WAS DEVELOPED

3.1 BACKGROUND

Maine people have long been aware of the value of their coast as a source of
livelihood and of enjoyment. Over the years people have recognized the need to
control some uses of the coast in order that other uses might also continue. Laws such as
the Protection and Improvement oF Waters Act and the Coastal Wetlands Act were
passed in response to this need. However, by the late 1960s, pressures on the coast
and conflicts over its use prompted Governor Kenneth Curtis to conclude that a more
comprehensive way of handling coastal issues was necessary. Therefore, in 1969, re-
sponding to public sentiment about the. importance of this need, he established the
Coastal Planning Program in the State Planning Office.

The purposes of this early coastal planning effort were to help (1) avoid problems
which could be foreseen, (2) prepare Maine to capitalize on opportunities which might
arise, and (3) achieve desirable social, economic, and environmental goals. Initially,
these goals were pursued primarily by gathering information For decision makers to assist
them in making wise choices concerning the use of the natural resources of the coast.
However, the services of the program were necessarily limited.

In 1972, the Federal government passed the Coastal Zone Management Act.
The purpose of this Act is to assist states, which voluntarily participate, in developing
and administering their own programs that will "preserve, protect, and where possible,
. .. restore our coastal resources." The Act also is intended to encourage states to
achieve the " . . .wise use of the land and water resources . . . giving full consideration
to ecological, cultural, historic, and esthetic values, as well as to needs for economic
development." Initially, the Act provides financial support for two phases of state
coastal programs, program development and program administration. Later amendments
will make funds available for energy related concerns, land acquisition for public access
to the coast, interstate coordination of coastal programs, and program-related research,
technical assistance, and training.

Under Section 305 of the Act, funds are available (for a maximum of four years)
to assist states in developing programs for the management of coastal resources. Since
1974, Maine has benefited from this provision and, consequently, has been able to expand
the services of its Coastal Program. The services provided over the last three years are
described in detail in the "Update on Maine's Coastal Program" (March 1977).

In 1975, in order to be eligible for funding available under the second phase
of the Act, Section 306, Maine prepared an application by describing a program for
the mid-coast area of the state. Since that application was not well supported at the
local level, it was withdrawn.

The shoreland act, in itself, establishes land use controls that contribute sig-
nificantly to Maine's existing system of coastal management.

The Land Use Regulation Commission (T.12 i 681-9)

The Land Use Regulation Commission is empowered by law to regulate all land use
in the unorganized areas of the state; this includes a portion of the coastal area
and a number of coastal islands. The Commission bases its land use decisions on
a Comprehensive Plan and regulates uses by prescribing what activities are allowed
by right or permit in different protection,management and development districts.
The overall goal of the agency is to protect natural resources by prohibiting uses
that will cause undue degradation to those resources. The Commission's powers
ensure that a high level of land use control is exerted over those areas of the coast
within its jurisdiction.

Land Subdivisions (T. 30 1 4956)

All land subdivisions involving three or more lots (of less than 40 acres, in a
five-year period) require a permit. Requests to municipal boards or officers
for permission to subdivide land, therefore, are required to be considered in the
light of the requirements established by the law. Thus, before any proposed subdivisiot
can be approved, criteria conceming its impact on air and water quality, water
supplies, soil erosion, highway safety, natural beauty, and sewage and waste
facilities must be considered. These criteria are mandated by the Act, which
is administered locally.

Site Location Act (T. 38 H 481 -9)

The purpose of the Site Location Act is to ensure that those development projects
that might substantially affect the environment be located and conducted in a
manner such that they will have a minimal adverse impact on the surrounding natural
environment. The Act gives the Board of Environmental Protection police power to
require that development that occupies a land area in excess of 20 acres or affects
an area in excess of 60,000 sq. ft., notify the Board. The Board may approve a
proposal, with or without conditions, when it finds it can meet air and water pol-
lution control standards, provides for adequate traffic movement, fits into the existing
natural environment, and occupies a location with suitable soil types. Proposals
that require Bureau of Environmental Protection approval must also meet local regu-
latory requirements.

A have broad responsibilities and powers under
l te in accomplishing an effective Coastal Program S c i
y repare comprehensive plans, adopt shoreland S l
tanning boards, and enforce the provisions of various to

ng, through the State Planning Office municipalities can
and initiate new programs to better their resource planning
For example, they may: prepare economic development
n ordinances; undertake conservation plans; hire legal
ars; organize resource education programs; and perform
provided they further the objectives defined by this

ivironmental Protection is the state agency with responsi- Section Number
re the quality of our natural environment . . . " Generally,
e laws and a permit process that is controlled by the Board
.~~~~~~~~~~~~~~~~~~~~~
ie Department of Environmental Protection in Maine's Coastal 2
)ner serves on the Committee on Coastal Development and
ministers the Protection of Waters, Coastal Wetlands, Site *lti3
nce of Petroleum, Protection of Air, and Solid Waste Manage-
g Act is jointly directed by the Department and the 4

Marine Resources, another state agency, is responsible for the
ient of marine and estuarine resources in the state. The Commissioner
n Coastal Development and Conservation and administers the MVarine
it sections of the Coastal Wetlands Law.
Inlan:1 Fisheries and Wildlife is a state agency, which along with
tects the rivers, streams and brooks in the state from adverse effects 5
le alm-ninistration of the Stream Alteration Act.
ulation Commission is a bureau within the Department of Conser-
actor and staff, the seven-member Commission has responsibility ,
unorganized areas of the State. Its role there (and thus, 6
and islands of the coastal area) is to plan, zone, and consider ,,
these areas. The Commissioner of the Department of Conservation
on Coastal Development and Conservation.

nal Planning Commissions and one Council of Governments in 7
owns through technical, advisory, and staff services; they act to
between towns, are represented on the Committee on Coastal
Arlpn, and their role in the Coastal Program will be to further
iye towns resolve their own resource planning and management 8

9
21

Marine Resources Law (T. 12 11 3504-5)

The taking of any species of marine fish and plants in State waters and intertidal areas
may be regulated under this Act. Regulations are set by the Commissioner of the De-
partment of Marine Resources upon a declaration of emergency, -at his own initiative,
or after receipt of a petition and public hearing. Regulations may be based on manage-
ment recommendations by the Department.

I. INTRODUCTION

1.1 THE PURPOSE OF THIS REPORT

This is a description of Maine's Coastal Program.

It describes how the State has developed, with considerable citizen and
agency involvement, a program that will qualify it for Federal funding for a
variety of projects relating to coastal resource management. In essence, this
program describes eleven existing Maine laws, shows how these same laws qual-
ify the State for funding, and explains how such funding can best be used to
assure a balance between conservation and development in the coastal area.

1 .2 WHAT IS MAINE'S COASTAL PROGRAM?

Maine's Coastal Program is a combination of proposed action to further implement
policies regarding the coast already established by the Legislature in existing laws. Local
resource management projects will be conducted with guidance and leadership provided by the
State Planning Office, and work will continue to refine the policies of the State
related to the use of coastal resources. Through the coordination provided by the State
Planning Office, the various activities of local, regional and state governments will result
in integrated and improved coastal management which meets long- and short- term
economic, social, and environmental needs by balancing the conservation and
development of Maine's coastal resources.

Maine's Coastal Program was initiated in 1969. At that time, in an Executive
Order, Governor Curtis called for cooperation between all levels of government to
resolve coastal land use conflicts, and the Legislature committed funds to this purpose.
Under Governor Longley, the program has been expanded. A representative Committee
on Coastal Development and Conservation now serves to advise the Governor on policy
direction and to assure broad public involvement in the ongoing activities of the program.
Over the last few years the State Planning Office, serving as the core staff
for the program, has used money available from the Coastal Zone Management Act

formula gives weight to considerations of town area an(d oopulation and length of shore-
line; most towns would be eligible for between $5,600 ,nd $10,400 (if 100 towns were to
apply); but some larger towns may be eligible for about $16,000.

Supplemental Grants to coastal towns will be awarded on the basis of similar
criteria. High priority project proposals submitted by single towns will require a
20% match; however, proposals from two or more towns will be encouraged by not
requiring a match and by relating the size of the grant directly to the number of
towns participating.

Matches of 201% will be required of state and regional planning agencies and
for Special Projects. Priority will be given Special Projects that affect a large area,
are "model" projects, or are of an "emergency" nature.

2. 8 ORGANIZATION

In order to be effective, Maine's Coastal Program relies on existing com-
mittees, agencies of government, and extensive public input. Key groups within
the state's entire governmental structure thus form the organization that will make
Maine's Coastal Program work. The roles these various groups perform vary and include
planning, regulatory, coordinative, and informational functions.
The key roles are played by: the Committee on Coastal Development and
Conservation, the State Planning Office, coastal municipalities, the Board of En-
vironmental Protection, the Regional Planning Commissions, and the public. Other
State agencies with an involvement in the program include the Land Use Regulation
Commission, the Department of Marine Resources, and the Department of Inland
Fisheries and Wildlife.
The Committee on Coastal Development and Conservation's main function is to
advise the Governor and state agencies on issues, including development and conser-
vation policies, in the coastal area. The Committee also has responsibility for
coordinating citizen participation, advising on Coastal Program funding priorities, and
advising on the other Coastal Program efforts. The State Planning Office relies very
heavily on the recommendations of the Committee in this regard.
The lead agency for initiating, administering, coordinating, and monitoring all
program activities will be the State Planning Office. It is a staff agency within the Executive
Department responsible for a broad range of planning, research, and coordinative functions.
As the state agency with principal responsibility for the Coastal Program, the State Planning
Office's role includes:
- applying for, administering and disbursing Coastal Zone Management funds;
- advising individuals and other agencies through research and analysis and
the provision of technical information, maps, and handbooks;
- coordinating the program with other state, regional, and federal agencies;
- acting as administrator of the Shoreland Zoning Law;
- designated coastal agency for federal consistency.

1 .4 WHY SHOULD MAINE USE FEDERAL CZM FUNDS FOR ITS COASTAL
PROGRAM?

The most compelling reason for Maine to apply for Coastal Zone Management
funds to undertake this program is that it is strongly supported by town, county, and
regional officials along the coast. Of the 69% of towns responding to a survey, 90%
indicated that they would like to participate in a Coastal Program that made funds
available for local resource planning and management projects.

Likewise, a Preview of Maine's Coastal Program mailed to some 1,900 individuals
and groups has been widely accepted.

An approved "306" program would have the following major advantages to Coastal
Maine:
- It will provide money to improve Maine's ability to deal adequately with
the complexities of improving resource management on the coast of Maine;

- Coastal towns would receive funds for approved resource planning and
management projects, a need expressed by many towns;

isj- Federal activities significantly affecting the coastal area must be
consistent, to the maximum extent practicable, with the Maine
Coastal Program; in other words, the State would gain an oppor-
tunity to review federal activities and assure that they are con-
ducted consistently with the policies of the State.

- It will foster greater cooperation and coordination among different levels
of government, with the local communities playing the key role.

1 .5 HOW THIS REPORT IS ORGANIZED

This description of Maine's Coastal Program consists of nine Sections.
An Appendix with background information supplements the nine Sections.

The Sections describe the Program in considerable detail to give the reader a
clear idea of what is to be submitted to the Office of Coastal Zone Management and,
if the Program is funded, what the money will be used for and how it will be distributed.

The Appendix is intended to satisfy two needs. First, it contains supplementary
information to support and document points raised in the main body of text. Second,
it contains additional information in which the Office of Coastal Zone Management

The role of the public in the development of Maine's Coastal Program is
documented in Subsection 2.1 . Citizens have participated in meetings and through
questionnaires and serve on the Committee on Coastal Development and Conservation,
Board of Environmental Protection, Land Use Regulation Commission, municipal boards,
Regional Planning Commissions, and other groups associated with Maine's Coastal
Program.

2.9 FEDERAL CONSISTENCY *

One of the advantages of an approved Coastal Program would be that the
State will gain increased leverage and control over federal activities that affect
the coastal area. "Federal Consistency" is one of the provisions of the Coastal
Zone Management Act.

Pursuant to procedures uniformly defined for all states with approved coastal
programs, the State gains the ability to review the federal activities taking place upon,
or affecting, the coastal area. The State intends to apply this provision using existing
laws and to as large an extent as possible, already established administrative
procedures.

The State will evaluate whether or not any of the federal activities are consistent
with theCoastal Progrcan by determ ining if the proposed activity would meet the requirements
and provisions of the 11 laws which are the core of the Coastal Progranm . As federal activities
or federally-licensed activities do not necessarily have to meet with state laws, this is a new
opportunity to in prove themanagementof the coast.

The State Planning Office is the designated coastal agency and therefore will
be the led8 agency for federal"consistency according to Section 307 of the Castal Zone
Management Act.

* Details of the federal consistency procedures are found in Section E of the Appendix.

Section 3

Section Title Contents of Section Section Number

- Ihe purpose of and formaot
INTRODUCTION fo this document

SUMMARY - The highlightsf 2
Maine's Coastal Program

BACKGROUND How Maine's progrm developed 3

COASTAL ISSUES - A general description of esource 4
and resource development issues
and enhanced local involvement
through program funding

MAINE'S
COASTAL PROGRAM

* OVERVIEW OF THE
COAST AND THE -A desciptlon 5
PROGRAM

- Funding policies
- Policies for issues of broad concem
* POLICIES Administrative policies development 6
- Economic policy
- Development and natural resource
policies based on existing Maine laws

* THE CORE OF - A descrplion of the lows, the area
THE PROGRAM: and uses they reguIt e and how the7
are odministeted
11 LAWS

* THE PROGRAM FOR - H. wndsh wil be ollocoed to towns,
I Mt'ROVI N G RESOURCE special projecs, RPCs and stte 8
agencies and how the program will
PLANNI NG AND be administered
MANAGEMENT
. blckground informotion to supplement
p*e abave, primarily for use by promns
ORGANIZATION intersterd in how Maine's program
mee41 OCZM reuireamen

2. SUMMARY

The purpose of this application and description of Maine's Coastal Program is
to inform Maine people of its contents, seek their comments on it, and then submit the
program, with the Governor's approval, to the Office of Coastal Zone Management in
anticipation of funding. If the Office of Coastal Zone Management finds that the
program meets the requirements of the Coastal Zone Management Act, Maine will
receive up to $1.2 million per year For coastal resource planning and management
activities.-

The Coastal Program has been developed over the past two years. It has
benefited from considerable public and agency involvement and has, at this stage
of its development, been supported by reviewers. However, in order for the State
to receive funding, it must show that the purposes of the Coastal Zone Management
Act will be achieved and that all Federal requirements can be met. This report
therefore serves to answer Federal concerns, while explaining how the program can
best serve Maine.

This summary describes the highlights of Maine's Coastal Program. In this
regard, the materials prepared to date include this report which contains nine sections
and an apDendix
* When the program was first proposed Maine assumed it would be eligible For $1.5
million. Hlowever, we will not know for certain how much money Maine will receive
until our Financial application is approved.
2 .1 HOW MAINE'S COASTAL PROGRAM WAS DEVELOPED

The impetus For the preparation of this application was provided by Governor
Longley when, in February 1976, he established the Committee on Coastal Development
and Conservation and requested that they emphasize the role of local government in
preparing an application. Since that time the Committee on Coastal Development and
Conservation has provided broad policy direction for the Program, has advised the
Governor on coastal issues, and has helped ensure public input.

The State Planning Office, in the Executive Department of Maine State government,
provides the core staff for the program and looks to the Committee on Coastal Development
and Conservation for guidance. These groups, together with a Technical Advisory Com-
mittee, have been responsible For eliciting public input and response to the emerging
program and For arranging meetings, surveys, updates, and previews of the program.

Public participation in the development of the program has occurred through
advisory groups, surveys of town resource planning and management needs, numerous
local meetings, and a public information service.

However, recognizing the potential benefits of participating in such a program,
Governor James Longley asked for a reorientation of Maine's Coastal Program in order
to allow greater opportunity for public input and to place greater emphasis on the role
of local government in planning for the use of coastal resources. He also requested
that the program be balanced to maintain environmental quality and to provide for
desirable economic development.

Since that time, a new direction has been established, and major changes
have been made in the Program. Notable are the following changes:

1) Provision of opportunities for meaningful public and governmental participation
in shaping the future direction of the program;

2) Increased emphasis on the role of local governments in planning for, and the
managing of, Maine's coastal resources;

3) Establishment of a broadly representative group outside of the State Planning
Office to provide policy direction for the program;

4) Development of a program that, in the long range, strikes a balance between
development and conservation; and

5) Increased emphasis on coastal issues of broad interest and concern.

This report describes the new program for Maine's coast. It has come about
through extensive public and governmental discussion and the testing of alternative
approaches. Basically, the consensus of opinion of coastal residents is that since Maine
has already enacted laws that manage coastal resources and has initiated its own Coastal
Program, the State has a program that meets Federal requirements and is in keeping
with the goals of the Coastal Zone Management Act. The Federal requirements and
the way Maine's policies meet them are discussed in Section 6.5.

Approval of Maine's management program would have several major ad-
vantages for the State.

1 ) It would provide money for continuing and improving the services of Maine's
Coastal Program.

2) Coastal towns would be able to receive funds for eligible resource planning and
management projects, a need expressed by many coastal residents.

3) Federal activities significantly affecting the coast (as defined by the core laws of the
proaram) would have to be conducted in a manner consistent with Maine's Coastal Proaram,
to the maximum extent practicable. - i
4) It will foster greater cooperation and coordination among various levels of govern-
ment.
5) It will provide funding for research into issues of broad interest and concern.

Shoreland Zoning Law Solid Waste Management Law
Land Use Regulation Law Marine Resources Law
Subdivision Law Stream Alteration Law
Site Location Law Coastal Wetlands Law

The second category relates to issues that can be resolved largely through the
funding of this application. Under home rule law, municipalities have comprehensive
land use planning and management powers and responsibilities but very limited funds to
carry out these functions. Maine's Coastal Program is designed to make money avail-
able to municipalities so that these functions can be made to work better.

The third category relates to issues where it is felt that refinements in the state's
existing policies may be desirable. They include such issues as port development, tourism,
recreation, heavy industry, fisheries, and the cumulative impact of small-scale develop-
ment. Improvement in the way these issues are dealt with currently can be achieved by
funding research that will result in recommendations that can be forwarded to the Governor
and the Legislature.

2 .3 THE EXTENT OF MAINE'S COASTAL AREA

The extent of Maine's coastal area is shown on the accompanying map; the
area includes all coastal towns on tidewater and the sea to the limits of the State's
jurisdiction.

a August, MAINE AND FEDERAL AGENCIES DISCUSS THE NEW DIRECTION OF
1976 MAINE'S COASTAL PROGRAM
Representatives of Maine's Coastal Program met with 20 contact people from
Federal agencies to discuss progress of Maine's program and to solicit com-
ments and information. (Two such meetings were held earlier to review the
first 306 application.)

* August, COASTAL MUNICIPAL OFFICIALS SPEAK OUT IN "TOWN LAND USE
1976 PLANNING AND MANAGEMENT NEEDS SURVEY"
The results of this survey indicated that at least 90% of the respondents
would probably want to participate in the "Program Administration"
(Section 306) phase of the Coastal Program. Respondents also identified
local projects with high priority for funding.

a Oct., DIRECTION FOR THE PROGRAM SOUGHT IN 25 COASTAL MEETINGS
1976; To determine the type of Coastal Program under Section 306 that coastal
Feb., residents would like to have, the State Planning Office held 21 local
1977 meetings with elected and appointed officials of local and regional govern-
ment and of local conservation and development organizations. Four meet-
ings were also held with representatives of statewide conservation and
business/industrial organizations. Public opinion expressed at these
meetings provided the basis For the positions taken on the key issues in
the application.

a March, PREVIEW OF THE 306 APPLICATION MAILED TO INTERESTED AGENCIES
1977 AND INDIVIDUALS FOR REVIEW
Based directly on the input from the 25 coastal meetings, the preview briefly
describes the direction proposed for the Coastal Program. It was mailed,
along with a postage-paid request for comments, to everyone who had ex-
pressed interest in the program and to representatives of agencies and
organizations that were expected to have an interest in the coast.

* March, PUBLIC REVIEWS THE PROPOSED "PREVIEW" OF THE 306 APPLICATION
1977 AT THIRTEEN MEETINGS
The preview was discussed at a series of 10 local meetings, plus two meetings
with conservation and development organizations, and one meeting of the
Technical Advisory Committee. Response to the proposed program was
generally very positive. However, a number of questions were raised and
suggestions offered relating to the mechanics of administering the program.
Many of those questions are answered in Section a.

* , :ril, PREVIEW OF THE 306 APPLICATION DISCUSSED WITH FEDERAL AGENCIES
1 977 Interested Federal agencies met with representatives of the State Planning
Office in Boston to discuss the preview of the 306 application. Some sug-
gestions offered at this meeting are incorporated in this application.

2.4 A BRIEF OVERVIEW OF MAINE'S COASTAL PROGRAM - HOW THE VARIOUS
PARTS FIT TOGETHER

To deal adequately with the complexities of improving resource management on
the coast of Maine, Maine's Coastal Program must of necessity consist of several parts.
These various parts are described in detail in other portions of this document.

Maine's Coastal Program Can Be Thought of as a Pyramid

To visualize the whole, Maine's Coastal Program can be thought of as a pyramid.
As shown in Figure I, the pyramid consists of ideas or concepts near the top and ac-
tivities that affect coastal resources at the bottom. The peak of the pyramid, or the
top stone, is the goal of the program; below it are the program's policies. These two
elements of the program tell what is to be accomplished and how it is to be done. In
general, they point out that a balance is to be achieved between conservation and
development in the coastal area.

The middle of the pyramid is its real strength. It consists of the elements of the
program that enable the concepts described in the goals and policies to be translated
into action. These elements are the funding for the program and the legal authorities
given state and local governments by Maine's existing laws.

The base of the pyramid, or its impact on the ground, is made up of the many
activities that are undertaken as part of it.

Figure 1

Ideas What is to be accomplished

How the goal will be reached Policies

Funding and Atoi
7~~~ The driving forces te ne xsigLw

* ~~~ The impacts on Activities
~::~:.':: people and
Activities dr resources
~:!-i~.~.~!~1

Since its creation, the Committee has been involved in the following work:

. identifying the most important coastal policy issues;

2. Monitoring the current activities of the Coastal Program under
Section 305;
3. Directing the development of this proposed 306 program, including
the following activities:
a. Conducting a survey of local needs;
Io. Supervising the public participation effort;
c. Review reports on progress; and
d. Voting on drafts of the application;

4. Developing Maine's position relative to possible OCS development.

3.312 THE TECHNICAL AD VISORY COMMITTEE

The Technical Advisory Committee was created in December, 1975, as part
of an effort to provide opportunities for wider participation in the development of
Maine's Coastal Program and to better coordinate the program with those organi-
zations having planning interests in the coastal area.

Composed of persons from state, regional, and local government agencies and
in-state Federal agencies, this Committee serves as a forum for discussing the program
with people of a technical orientation and resource management experience. The
Technical Advisory Committee has met three times to date (June 1977) at critical
stages in the development of the program to review and comment on its form and
direction. (Also see Appendix G.)

3.32 SUMMARY OF THE SURVEY OF TOWN LAND USE PLANNING AND
MANAGEMENT NEEDS

In August of 1976, the Committee on Coastal Development and Conservation
mailed a questionnaire to town, county, and regional officials along the coast. The
purpose of this survey was to give local officials an opportunity to identify high
priority projects in land use planning and management that might be eligible for
funding if the Coastal Program was accepted by the Office of Coastal Zone Manage-
ment. It also gave the Committee an early indication of the number of communities
that might like to participate in a Coastal Program, if funds were obtained under
Section 306 of the Federal Coastal Zone Management Act of 1972.

By the end of January 1977, 69% of the towns surveyed had returned the
questionnaire. Of these towns, 90% indicated that they would like to participate
in the Coastal Program.

planning and management projects willI get the greatest amount of funding. One
rationale for taking this course of action is that while the administration and implemen-
tation, of existing laws on the state level already receives substantial funding (approxi-
mately $3,000,000 per year statewide), local resource planning, management, im-
plementation, and administrative activities receive little or no state or federal funding
specifically earmarked for these purposes.

For more information on how the various parts of Maine's program fit together,
see Section 5.5.

2.5 GOAL, OBJECTIVES AND POLICIES

The primary goal of Maine's Coastal Program is to achieve a balance between
conservation and development in the coastal area that will satisfy the short and long
term social, economic, and environmental needs.

The Committee on Coastal Development and Conservation has adopted a com-
prehensive set of policies to help achieve the above goal. The following policies
are representative of the full set of policies in Section 5.

Funding Policies
- make the majority of Program funds available to coastal towns for project's
that further the Program goal;

- mnake Program funds available to Regional Planning Commissions and
other units of government for projects that further the Program goal.

Policies Related to Issues of Broad Concern
- develop recommendations for more refined policies on issues of broad
concern to the coastal region, the State, and the notion, and consider,
in particular, issues related to port development, tourism, heavy industry,
fishing, public access, and the cumulative effect of small-scale develop-
ment decisions.

Amendments and draft regulations for Section 307, which deals with Federal par-
ticipation in and review of a state's coastal program and Federal consistency with
an approved state coastal program.

3.331 2 Coastal Meetings

From October 1 9, 1 976, through February I , 1 977, coastal residents at-
tended a series of 21 meetings in the coastal area for the purpose of discussing
Maine's Coastal Program. The people invited to these meetings were mostly
elected or appointed officials and elected representatives of local conservation
and development organizations.

In addition to the meetings to which specific participants were invited be-
cause of the organizations that they represented, three wide-area meetings were
held so that any other interested individuals might become involved in the program.
Held in Portland, Waldoboro, and Ellsworth., these meetings were preceded by
announcements in 13 newspapers and by an invitational letter sent to the 900
people on the program's mailing list.

At all of these meetings, a representative of the State Planning Office
summarized the history and current activities of the Coastal Program. Then, the
group discussed the advantages and disadvantages of funding the program's ac-
tivities with funds available under Section 306 of the Coastal Zone Management
Act of 1972. After discussing the requirements of the 306 application and alter-
native ways of meeting them, participants completed a questionnaire by recordingW
their preferences on four key issues relating to the application.

In response to the question of which level of government (state, regional,
municipal, or other) should use the largest part of the funds that would be available
if the 306 application were approved, most participants felt that it should be the
municipal level. Regarding the geographical area to be covered by the program,
most respondents felt that the boundaries should include the territorial sea and coastal
towns on tidewater. On another question, concerning the legal basis for sarisfying
federal program requirements, most respondents said that the program should be based
on existing state and local land use control programs. Many respondents also said
that the option should be left open to add new land use control programs as needed
Iin the future.

Participants were also asked to list issues they felt the Coastal Program should
address in the future, The responses varied widely and sometimes conflicted, re-
flecting the background and interests of the respondents. In general, the most
interest was expressed in issues that related to improving environmental quality and
to utilizing coastal resources efficiently to increase economic opportunities.

2.6 EXISTING LAND AND WATER USE LAWS, THE CORE OF MAINE'S PROGRAM

Maine's program for managing land and water resources in the coastal area
relies on the 11 existing laws listed earlier. The 11 laws form the basis for a strong
regulatory system that qualifies the State for Coastal Zone Management funds. The
laws, described below, provide an effective means of controlling development and
conserving those natural resources in need of protection. In addition, they resolve
many issues identified in Subsection 2,2.

Protection and Improvement of Waters (T. 38 i 361-A -454)

Under this law, the State, through the Department of Environmental Protection,
classifies the current quality of all tidal and fresh surface waters. The Depart-
ment issues licenses to permit the construction, maintenance, or operation of all
waste discharge facilities in, on, above, or under fresh and tidal waters or sub-
tidal lands, provided such facilities comply with the terms of the license. The
law also prohibits certain discharges and requires the best practicable treatment
for others.

The purpose of the legislation is to set attainable water quality standards and to
protect the quality of the State's waters from waste discharge pollution.

Alteration of Coastal Wetlands (T. 38 �� 471 - 8)

All tidal and subtidal lands are provided protection through this act which is
administered by the Department of Environmental Protection. A permit is
required of the Department (or a municipality acting under its authority) for
all filling, draining, or dredging, or the construction of permanent structures.
Permits are issued provided it can be shown that the activity will not unreason-
ably interfere with existing uses, cause harm to natural systems, or lower the
quality of any waters.

Mandatory Shoreland Zoning and Subdivision Control Act (T. 12 Hi 4811 - 14)
This act requires all municipalities to adopt zoning and subdivision control
ordinances for all shoreland areas within 250 feet of the high water mark of
any pond, river, or salt water body. All ordinances must be consistent with
guidelines established by a policy-making board of Land Use Regulation Commi-
sion and Board of Environmental Protection members and must protect water
quality, protect the natural environment, and enhance the aesthetics of water
bodies. Most land uses and all subdivision in shoreland areas are subject to
this law, which has as its primary purpose, the prevention and control of
water pollution. The State Planning Office administers the Act at the state
level.

3.333 PUBLIC REVIEW OF THE PREVIEW

To invite public comment on rhe Preview, two steps were taken. First, the
r-eview, a brief progress report, and an explanatory letter were mailed to the
1,400 Maine residents on the program's mailing list. The mailing list included,
among others, all of the people who had attended the First round of local meetings.
All of the recipients were invited to return their comments on the postage-free
page that was provided.

Second, the letter in the packet also invited the recipients to attend any
of the ten local meetings that would be held to discuss the Preview. To further
publicize the meetings, the Preview, progress report, and letter with schedule were
sent out through the Governor's Communications Coordinator to all of the news-
papers in the State. In addition, press releases and meeting announcements were
given to a number of newspapers individually.

The ten local meetings were held along the coast in March, 1977 to give
people the opportunity to ask questions and make comments on the Preview. In
addition, a meeting was held with leaders of the major development organizations
and one was held with leaders of major conservation organizations to solicit their
input.

Public response to the general direction taken by the Preview has been, on
the whole, very positive. The majority of people appear to support the intent of
the program and to approve of allocating a large portion of the funds to the local
level. The review process did bring to light a variety of questions and concerns
regarding the mechanics of administering the program. These statements, as well
as a more detailed description of the review process, will be found in the Appendix
in the "Report on the Review Process For and Public Response to the Preview of
Maine's Application for Coastal Program Administration Funding Under Section
306 of the Coastal Zone Management Act of 1972". (See Appendix G.)

3.334 FEDERAL AGENCY REVIEW OF PREVIEW

In April of 1977, representatives of the State Planning Office again met
with Federal agency contacts under the auspices of the New England River Basins
Commission to discuss the Preview of the 306 application. Particular attention
was given to the discussion of boundaries, authorities for the program (Maine's
laws), and the proposed use of the funds. Also, information was requested from
the Federal agencies regarding Federal programs and activities which should be
considered in Maine's Coastal Proqram

Protection and Improvement of Air (T. 38 91 582-608)

The intent of this legislation is to establish a coordinated statewide program to control
present and future air pollution. The law authorizes the Department of Environmental
Protection to establish air quality regions for the State, develop ambiant air quality
and emission standards, and collect and evaluate air quality data. Emission licenses
are required from the Board of the Department for the operation of all air contamination
sources.

Solid Waste Management (T. 38 i 1303-1308)

The Board of the Department of Environmental Protection is empowered through this legis-
lation to establish and enforce regulations relating to solid waste management. The Depart-
ment regulates the location of all solid waste disposal sites and the establishment, con-
struction and alteration of solid waste facilities. The Act requires that the Department
provide technical assistance to localities in every phase of solid waste facility development
and operation.

Stream Alteration Act (T. 12 II 2206-2212)

All rivers, streams and brooks above head of tide are provided protection through this Act
which is administered by the Department of Inland Fisheries and Wildlife. A permit is
required for most construction of permanent structures, filling, or dredging activities.
Permits are issued provided it can be shown that the activity will not unreasonably inter-
fere with existing uses, cause harm to natural systems, or lower the quality of any waters.

Oil Discharge Prevention -rd:l Pollution Control Law (T. 38 II 344-349; 541-557, 560)

The purpose of the Oil Discharge Prevention and Pollution Control Law (T. 38 II 344-349;
541 -557; 560), the formal title, is to protect the coast of Maine from the hazard posed
by the passage of oil carrying vessels through Maine waters and the transfer of oil at
terminals. It employs the police power of the state, administered by the Department
of Environmental Protection, to prohibit unlicensed transfer or discharge of oil to waters
or adjoining lands of the state. Any oil terminal facility with storage capacity ex-
ceeding 500 barrels, and oil carriers arriving at or departing from such terminal, are
subject to strict regulation of operations. The law also creates a Coastal Protection
Fund lim ited to $6,000,000 (increased from $4,000,000 July 1, 1978) generated from
term inal license fees and penalties which provides monies for operation of Department
of Environmental Protection, Division of Oil Conveyance Services, immediate clean-
up of oil spills, prompt settlement of third party damage claims, and research into causes,
effects, and methods for the removal of oil pollution from the marine environment.

3. Requests for information.

The Coastal ?rogram regularly receives requests For a variety of information i
relating to .he program. Requests For maps, publiccations, and other information are
Filled as quickly as possible at no charge.

Recently, the program has received an increasing number of requests for
information from Coastal Programs and Planning Offices in other states. Believing
that an information exchange could be mutually beneficial, Maine has added all
of the other coastal states to the program's mailing list.

4. Brochure.

A recently prepared brochure describing Maine's Coastal Program is being widely
circulated through the mail, at public hearings, and through distribution at coastal pub-
lic libraries and town offices. Brief and easily understood, the brochure provides a
summary of the program's history, goals and objectives, and ways of achieving the
goals.

5. Publications.

One of the program's primary ways of assisting decision makers has been
the gathering, publication, and distribution of information on coastal resources.
These publications range from resource inventory maps to the information packets
used at the meetings held to discuss the 306 application. (Copies of these meeting
packets are on file at the State Planning Office.

3.35 PUBLIC HEARINGS

Six public hearings were held along the Maine coast during the last week in
November and the first week in December 1977 to provide coastal residents the oppor-
tunity to discuss the October 1977 draft application and offer comments about the pro-
gram. Meetings were held in Calais, Ellsworth, Rockland, Wiscasset, Portland, and
Wells, with a total of 227 citizens attending.

Following the opening statement at each meeting, the Coastal Zone Management
program was described, folio red by discussion of the major aspects of the 306 program.
A period for questions and public statements followed the presentation, and a questionnaire
distributed to provide further opportunity for input.

On the whole, the public indicated their support and approval of the program.
Appreciation was expressed for the program's emphasis on local assistance and local
control, as well as the efforts to improve citizen involvement in the program.

Negative comments break into two groups. The one set, expressed only at the
Wiscasset hearing noted "anti"-attitudes toward planning, federal and state funds, and
the existing laws. The second category includes the opinions of the League of Women
Vo.ers, the Natural Resources Defense Fund, and Orlando Delogu, Professor of Law
at the University of Maine, that the program either did not meet the requirements of the
Act or did not give enough control or funds to state government to "network" and better
enforce current laws.

Concerns expressed about the program included:

- Regulations and requirements will get tighter as the program moves
along.

- Policy refinements might lead to regulations and leave out public partici-
pation.

- Many questions were asked regarding eligibility criteria for funding.
People would like to see funds used for activities such as acquisition,
dredging, construction, etc.

Of the 44 formal statements made at the six meetings, 37 were positive and
supportive, 6 were critical or negative, and 1 was admittedly ambivalent.

Responses to questionnaires administered at the meetings are included in Ap-
pendix G.

Section 4

Section Title Contents of Section Section Number

INTRODUCTION- The purpose of and format
I NTRODUCTION for this document 1

SUMMARY - The highlights of 2
Moaine's Cooashal Program

BACKGROUND - How Moine's program developed 3
through strong citizen participation

COASTAL ISSUES - A general description of resource
and resource development issues
and enhanced local involvement
through program funding

MAIN E'S
COASTAL PROGRAM

* OVERVIEW OF THE
COAST AND THE -A desriptoll 5
PROGRAM

- Funding policies
- Policies for issues of broad concern
� POLICI ES - Administrative policies development
- Economic policy
- Development and natural resource
policies based on existing Maine lows

* THECOREOF A description of Ihe lows, the oreo
~TH E PROGRAM: oand uses they reul-jte and how they 7
are administered
11 LAWS

* THE PROGRAM FOR How unds wil be allocted to towns,
I MPROVI N G RESOURCE soeciol projects, RPCs and state
P LAN NI NG A ND oII~'~d'~,~',,agencies and how rhe program will
MANAGEM ENT
- Uackground Information to supplement
* ORGANIZATION the above, primarilyforusebypersons 9
interested in how Moine's program
meets OCZM requirements

4. COASTAL ISSUES

4.1 INTRODUCTION

This section describes the major issues in the coastal area which were identified
during the program's development stages. Identification of the issues was a prelude to
defining the program itself and seeking solutions to the problems raised.

These issues are interrelated problem areas which impact a wide range of resource
development and management activities. As will be pointed out in more detail in this
and subsequent sections, many of the major issues have already been dealt with through
the enactment of existing land use laws. However, their fullest resolution has been
hampered by the lack of technical assistance and funding necessary for municipalities
to fully participate in the management and development of the State's resources. One
major issue, enhanced local involvement in resource planning and management activities,
will be resolved in part with the funding from the approval of this application.

An immediate problem facing Maine is the conservation and effective use of the
resources which are the foundation of its economy, Several other issues, including Outer
Continental Shelf (OCS) oil and gas development and heavy industrial siting, will be
topics for ongoing work; the purpose of that work will be to prepare recommendations for
refinements in existing state policy which specify how such development might be dealt
with in a more satisfactory way in the future.

This section is divided into three parts: natural resource conservation issues,
resource development issues, and issues related to enhanced local involvement in resource
management and development.

4.2 NATURAL RESOURCE ISSUES

4.2.1 WATER QUALITY

Maine's extensive coastal waters, both fresh and salt, are some of its most valuable
economic, recreational, biological, and scenic resources. The lakes which lie within
Maine's coastal region are an integral part of the high resource value of the coastal area
as a whole. Wetland-lake systems contribute directly to the primary productivity of estu-
aries and coastal marine systems. Fresh water sport fisheries contribute to the recreational
value of Maine's coastal region, and an extensive system of rivers, streams, and lakes provide
spawning areas and seasonal habitat for Maine's commercially valuable anadramous species -
alewives, smelt, and salmon.

The Kennebec and Penobscot Rivers once supported very large anadramous fish runs.
However, the construction of dams and municipal and industrial pollution of Maine's rivers
have restricted fish movements and destroyed habitat. Thus, the number of streams which
support anadramous fish runs has been greatly reduced and much of the fishery was destroyed.

Ten years ago the situation looked very bleak. Only remnant runs of these species were
found in the lower portions of the rivers,

Residential and industrial pressures have led to the improper siting of development
in areas where soils could not support such activity. Siltation caused by poor land use
practices; industrial and chemical pollution; pesticides; and untreated municipal wastes
destroyed once abundant freshwater fisheries, polluted clam flats, and endangered other
important estuarine resources. Large numbers of clam flats were closed from harvesting
due to contamination.

Maine's marshes and swamps are valuable waterfowl nesting and breeding areas,
As an example, Merrymeeting Bay is one of Maine's most productive waterfowl areas
and is the home of bald eagles, a species listed as endangered by the U. S. Fish and
Wildlife Service. Yet, in some areas, Maine's wetlands were being converted to develop-
ment uses at an alarming rate.

For years deteriorating conditions threatened Maine's coastal waters and the
economic and recreational activities dependent on them. In the 1950s and '60s the
State felt it had to come to grips with the critical problems contributing to this deterior-
ation. The passage, implementation, and enforcement of the Site Location Act, Pro-
tection and Improvement of Waters Act, Coastal Wetlands Act, Alteration of Waters
and Streams, Solid Waste Management Act, and others have greatly improved water
quality conditions throughout the State. Under these laws industrial and municipal
wastes are being treated and development is being guided to suitable locations. As a
result many clam flats and shellfish beds, closed for years, have been reopened for
commercial use. A smelt fishery thrives in the Lower Kennebec River; the salmon
have returned in substantial numbers to the Penobscot. However, much still remains to
be done to ensure compliance, particularly at the municipal level. Many violations
result from an inadequate understanding of the laws and the importance of compliance
from a public health and natural resource perspective. Others stem from the lack of
monitoring and enforcement. Though permits for waste water discharge are required by
law, violations are more difficult to detect than it is to discover inappropriately located
development. The participation of municipalities in encouraging compliance over the
thousands of miles of Maine's coastal area is important if the problems of water pollution
are to be more effectively eliminated. Shoreland zoning, subdivision ordinances, and
more effective land use planning by municipalities working in concert with the State
Plumbing Code can greatly reduce municipal pollution problems which still keep some
clam flats, and other shellfish beds off-limits.

Technical assistance and public education services must be continued and increased
to the local governments if they are to fully exercise their responsibilities in protecting
sensitive coastal resources and developing those which are the backbone of their economy.
To date most Maine towns lack adequate financial capability to acquire and support staff-
ing to provide these and other necessary services. The prime thrust of the Coastal Program
is to support these local efforts in order to supplement and enhance successful State activi-
ties. The State agencies will continue to monitor and enforce water quality laws and
promote wiser coastal resource management and development practices.

4.2.2 LAND USE

Nearly half of the State's 1,049,395 people live in the coastal area. This area is
less than 12% of Maine's total land area. Coastal counties have, on an average, experi-
enced population increases of 13% over the five year period from 1970-1975. Hancock
County, which grew by 16%, experienced the highest population increase of any county
in the state. In addition, the summer population in some coastal towns increases the
total number of people to more than three times the yearround population. More than
55 million people visit the Maine coast each year. The southwestern portion of the
coast receives the greatest number of seasonal visitors. Public recreation areas increased
more than 23% between 1966 and 1971. Increased population has accelerated the need
for public facilities such as sewer systems and solid waste disposal sites. These demands
have accentuated existing municipal problems with providing these services. This has
caused increased air and water pollution along the coast and created public health hazards.

Interest in industrial growth along the Maine coast has been apparent over the last
ten years, mostly in response to the nation's increasing energy needs. Proposals for four
electric generating plants, three oil refineries, and four oil terminals were among those
considered for siting along Maine's coast. In addition, future pressures for deepwater oil
ports in Maine's several deepwater harbor areas and onshore facilities for OCS activities
can be anticipated. In some cases mining activities threaten- significant natural areas
and pollute nearby water bodies.

*J To some extent these activities may conflict with traditional fisheries and other
coastally dependent commercial interests. Long-term commitment of resources for port
facilities, wharves, power or manufacturing and processing plants necessarily limits options
for future use of these resources and changes the nature of associated wildlife and fisheries
and related activities.

Sport and commercial fishing are important activities on the Maine coast. Wasfe-
water discharges, dredging and filling, bulkheading and other development activities do,
if improperly conducted, adversely effect the very resources which foster these commercial
and economic interests. Thus, the need for appropriately siting needed development is
becoming even more important in light of the increasing and conflicting pressures.

Producing blueberries, milk, and chickens have been significant activities along
the coast; however, economic conditions have seriously impacted these industries. In
the southern more-populated areas of the State, the incentive to convert farmland to non-
farm uses is high. Population growth pressures and changing housing patterns have encour-
aged development outside urban areas - often on areas previously used as farmland.

Wildlife habitat is decreasing as a result of residential and industrial development.
Stresses of unplanned or poorly planned development on marshland and wetland habitat
areas, have taken their toll on the land-areas and the fisheries and wildlife dependent on
them.

Increase in population, tourism, residential, commercial, and industrial develop-
ment together with increasing interest in energy, conservation, and concern for the fragile
coastal environment, are resulting in increased conflicts over the use of coastal resources.

To meet the variety of needs that exist a balance must be maintained between the develop-
ment of resources and their conservation.

In response to these problems and concerns, the Governor and legislature have
established and implemented a number of state land use policies. These policies are
contained in legislation such as the Site Location Low, the Coastal Wetlands Act, the
Shoreland Zoning Low, the Land Use Regulation Commission Low, and others. To im-
plement these policies the state has established boards and commissions to make land
use decisions, provided staff, and is spending approximately $3,000,000 annually on
these state activities.

To some extent municipal comprehensive plans, shoreland zoning, and the Land
Use Regulation Commission's comprehensive plan, and other existing programs, are man-
aging conflicting demands for use of limited coastal resources. However, passage of
resource conservation laws~on which these and other programs are based, was only a
partial answer to the need for effectively managing available resources and maintaining
the character of the Maine coast. To more effectively achieve this end, these activities
should be encouraged.
Municipal projects supported by the CZM funds will provide Maine coastal towns the
opportunity to incorporate infra-structure planning and implement adopted plans prepared under
Section 208 of P.L. 92-500. These plans will guide land use activities so they are compatible
with local growth policies, while also protecting water quality.

At the state level, policy refinement is needed on such issues as: natural resource
information transfer; heavy industrial siting; tourism; ports; and the cumulative impacts
of development. Refinement of policy in these areas will help to resolve conflicts andW
assimilate these important concerns into the resource planning and management for the
coast. This effort must of necessity adequately address the problems created by growth
while encouraging sound resource development to strengthen our economic base.

4.2.3 AIR QUALITY

Air quality haus been, and continues to be, a local problem in Maine. Industrial
emissions from pulp and paper mills, manufacturing and processing plants, as well as from
the practice of open burning of municipal solid wastes have created some problems.

To some extent this problem has been ameliorated through the passage of regulatory
legislation. However, the interim air quality standards of the Protection and Improvement
of Air Act, and the criteria outlined in the Solid Waste Management Act, have not been
wholely successful in effectively solving the air pollution problems. Only approximately
25 of Maine's 454 solid waste disposal sites meet the anticipated and more restrictive
federal standards. State activities have helped industry to make great strides in complying
with the laws; but due to the cost of alternatives, municipal open burning of solid
wastes continues. Industry has had the advantage of technical and financial capabilities
which municipalities sorely lack.

State agencies and the regional planning commissions have been and will continue
to work with municipalities in finding suitable alternative solutions to present solid waste
practices, The laws themselves provide no guidance for alternative methods or locating
of suitable sites for waste disposal. Technical assistance and intergovernmental services
to municipalities have helped to find specific disposal sites and have encouraged towns to
work together to extend their technical and financial capabilities to solve this problem.
However, these cooperative, positive types of activities are needed on a broader scale
to more actively and effectively manage the sources of air quality degradation.

4.2.4 RECREATION AND ACCESS

The scenic beauty and unhurried atmosphere of the Maine coast have traditionally
attracted hosts of vacationers from all across the country. Recreation and fishing provide
jobs and a sizeable income to the State as a whole and to coastal residents in particular.
However, the growing demands of recreationists have also presented the coastal area with
a challenge to accommodate these demands while maintaining the very characteristics
which make the coast so attractive and important.

Maine's summer visitors place heavy demands on public facilities and public invest-
ment. Improper development and utilization of sensitive resources has in the past led to
flood damage, pollution, accelerated erosion of beaches and other shoreline areas, and
degradation of productive sport and commercial fisheries.

Hunting, long-established as a part of the Maine way of life, is dependent upon
the availability of suitable habitats and access to them. In some areas of the coast im-
portant habitats, for example wetlands, have been put to other uses with the concomitant
loss of their wildlife value. Oil spills, improper solid waste disposal, and inappropriately
located development have all contributed to reductions in habitat.

State game and fisheries management programs, improved water quality, the Coastal
Wetlands Act, and other similar programs have helped to maintain or improve habitat areas
along the coast, and thus have helped to assure continuance of commercial and recreational
activities. However, to maintain these resources at an optimum level, improved manage-
ment should be implemented by all levels of Maine government. This is particularly true
at the local level. In general, to maintain large populations of game animals requires
large areas of suitable habitat resulting from a mixture of land uses. Hence this is not a
problem that can be solved by improved decision making on large scale developments
alone. The solution of this problem depends on effective planning and development con-
trol at the local level. Municipal efforts to better plan and manage resources and to guide
needed development to the most environmentally beneficial areas is sorely needed.

Over the years access to coastal resources for hunting, other recreational and
commercial purposes has become more difficult in many areas of coastal Maine. Visual,
as well as physical, access has become more difficult as conflicting pressures and the
density of development have increased. Public ownership guarantees the public access
to only a small proportion of Maine's coast. Only 5% of the coast is in public ownerhsip,
while 60% is owned by residents of Maine, and 35% is owned by nonresidents. Easy
access to coastal resources is in keeping with Maine tradition; in fact, some activities,
e.g. commercial clamming, are dependent on ready access. Guiding development to

areas which do not unduly limit visual or physical access to the shoreline are means of
ensuring continued enjoyment and use of Maine's coastal resources, Shoreland zoning
and development siting guidelines are sound tools already established in Maine law,
however, with increasing land use pressures, these resource planning and management
issues are becoming ever more important.

While there are actions which the state can and is taking to improve access,
e.g. building more boat launching sites, a great deal can be done by local governments.
Municipal awareness and effectiveness in land use planning and resource management
which accommodate conflicting development and conservation needs and resolve the
problems of poorly planned growth are imperative to the resolution of such problems.
At the state level the State Planning Office and the Bureau of Parks and Recreation
in the Department of Conservation are working to identify access problems of more
than local significance and prepare recommendations for their resolution.

4.3 RESOURCE DEVELOPMENT ISSUES

The goal of the Coastal Program is to promote better utilization of limited
resources to meet people's short- and long-term economic, social, and environmental
needs. Thus resources are not just to be locked up, although there is a place for strict
preservation of some highly significant natural areas, but rather in most cases to be
used in as wise, environmentally sound, and productive a manner as possible to meet
man's needs for food, fiber, building materials, and other products. Additionally,
employment is a very important concern in the State of Maine. Coastal unemployment
has hovered around 8.5% in the recent past. Further, income levels in Maine are low
by comparison with other parts of the nation and the cost of living is high. As demon-
strated by public opinion polls, Maine's coastal residents feel that employment and
other economic issues are the most important ones confronting them. It is Maine's policy
to encourage selected types of economic development and provide job opportunities that
are compatible with maintaining or improving environmental quality and social conditions.
This policy is based on the firm belief that to be effective Maine's program must be bal-
anced and address coastal residents' real needs. As important as this objective is, it is
not enough just to protect the environment. The program must also help to provide a
desirable way for people to earn a living. In fact, when properly accomplished these
two objectives can be mutually supportive. High environmental quality maintains pro-
ductive natural systems which provide employment and satisfy people's psychological
needs. Having a stable economic base that provides desirable employment and is in
part based on the use of native resources enables industries and the public to invest
directly and indirectly in maintaining the quality of their environment and managing its
resources for otpimum yield,

The regulatory means of maintaining the quality of Maine's coastal environment
represent the core laws of the program while the resource planning and management
activities to be undertaken with 306 funds allocated for policy work, and special and O
municipal projects are the more positive part of the program which complements the
existing regulatory laws, As an example of this latter category of activities fisheries

management projects at both the state and local levels will work to promote the optimum
sustained yield of clams, and other shellfish and finfish species by identifying and con-
serving important habitat areas, reducing pollution levels, developing and implementing
species management plans, and making better use of the fish which are harvested. One
specific example of a type of project that will contribute to these impacts is improved
local clam management. A number of towns have expressed their desire to work on clam
flat inventory and mapping, and developing clam management plans and implementation
ordinances. Finfish, alio a significant coastal resource, should be more commercially
important with the advent of the 200 mile limit. The Maine Department of Marine Re-
sources has also expressed their desire to work on and implement species management
plans for Maine's nearshore finfish species. These steps should provide the basis for
more stable employment in one of Maine's traditional industries.

4.4 ENHANCED LOCAL INVOLVEMENT IN R ESOURCE MANAGEMENT

While the state exercises control over selected sensitive environmental areas and
high impact activities through Maine's existing laws, under Maine's existing land use
guidance system municipalities are the unit of government which have the most compre-
hensive responsibilities and powers for land use planning and management. Municipalities
are empowered to adopt comprehensive plans; building codes; subdivision ordinances;
zoning ordinances; decide how local funds will be used to provide public facilities such
as sewers, water supply systems, and roads; and other related activities that affect growth
and resource management.

The Maine legislature established this emphasis on the local units of government
with the passage of zoning enabling legislation (30 M.R.S.A. JJ 4961-4964) and laws
relating to home rule (30 M.R.S.A. SS 1917). (See appendix F8 .) Further, the con-
cept of keeping these powers and responsibilities at the local level is one that is strongly
supported by Maine people. Public opinion polls conducted during the last few years
indicate that a large majority of Maine people feel that municipalities should continue
to play the major role in land use planning and control.

It is obvious then that Maine's municipalities are and will continue to play a big
role in determining the use of Maine's coastal resources. Further, it is felt that substantial
improvements in resource management can be realized by increasing the funding for munici-
pal resource planning and management efforts. This is because while the state legislature
has delegated considerable authority to the towns and in several cases, e.g. shoreland
zoning mandated town land use responsibilities, it has provided no money specifically
earmarked for these purposes. Further, the towns which rely very heavily on property
taxes as their principal source of revenue have difficulty in raising substantial amounts
of funding for these activities on their own. Typically the planning board in a coastal
town has a budget of a few hundred dollars and is made up of citizen volunteers who, in
most cases have no training, education, or extensive experience with resource planning.
This is in cont5ast to the situation at the state level where approximately $3,000,000 was
spent last year on implementation of the state administered core laws.

In that the resource planning and management needs are most demanding at the
municipal level, the Maine Coastal Program supports increased municipal emphasis and
involvement in these activities. Coastal towns have shown an increasing interest in
exercising their resource planning and management authorities and have sought the
assistance of the regional planning commissions and various state agencies to augment
deficiencies in their own planning and management capabilities. Here the regional
planning commissions have provided a vital service and have become an important link
between state and local governments, fostering communications and cooperation. The
majority of Maine's 142 coastal towns are members of regional planning commissions.
Memberhsip is voluntary and reflects an increasing concern and initiative on the part of
municipalities to recognize town problems and seek professional solutions to them.

However, to date Maine's accomplishments in effective environmental conservation
and resource management have been the strongest in general at the state level. There are,
nonetheless, some notable exceptions to this where towns have very effectively carried out
resource planning and management programs. To a great extent the general situation is the
result of the greater technical and planning capabilities and availability of funding at the
state level. In addition, the information needed by towns to effectively carry out their
responsibilities under the legislatively mandated laws was unavailable or difficult to obtain.
The State Planning Office and other state agencies under the Coastal Program have been
developing the necessary tools to provide municipalities with decisionmaking information
and expertise. Over the past several years a framework of laws and land and water use
programs has been developed to coordinate activities at all levels of government. An
inventory of coastal resources was completed. It was the first systematic effort to collect
and display social, economic, and natural resource information for the entire Maine coast. *
Previous information, if it existed at all, was inconsistent from area to area. From this
inventory a series of over 200 maps were developed which provide a consistent information
base for the entire coast at a scale and degree of precision designed primarily to be useful
in understanding conditions in regions or blocks of communities. They provide an overview
of broad resource characteristics that can serve as a starting point for more detailed local
inventories and analysis. These maps should provide initial information for comprehensive
planning, identification of areas that appear to be favorable for agricultural or develop-
ment activities as well as those that require special attention, such as wetlands or wildlife
habitat.

Over the last few years various other forms of municiapl planning assistance,
including technical assistance on specific problems, e.g. solid waste, and handbooks on
comprehensive planning, land use considerations, guidance for administration of the
municipally-oriented core laws, and public workshops have enhanced the capabilities of
the localities for making sound resource management decisions. However, work in this
area is not completed, even as the municipalities develop a greater understanding of
resource needs and development practices their active participation in making resource
use decisions must be encouraged on a broader scale for Maine to have a fully effective
program. In order to spur these actions, Maine's program of information transfer and
technical assistance to resolve recognized municipal land uie problems should be continued
and expanded. Tampered by inadequate staffing and funding in the past, these obstacles
can be substantially removed by providing the financial capabilities to prompt towns to act _
independently and, where possible, in concert with neighboring towns to solve common W
probl ems.

Responses to recent surveys of public and elected officials opinions, and contacts
with coastal residents at numerous meetings have indicated that Maine's coastal munici-
palities and their people are eager to get on with the task of improving local resource
planning and management.

Thus through the funding that will be made available to coastal towns, Maine's
Coastal Program will very substantially improve local capabilities and local decisions on
growth, the siting of development, and the wise use of resources.

Section 5

Section Title Contents of Section Section Number

- The purpose of and format 1
INTRODUCTION for this document

SUMMARY - The highights of 2
Maine's Coastal Program

BACKGROUND - How Maine's program developed 3
through strong citizen participation

COASTAL ISSUES 4
- A general description of resource 4
and resource development issues
and enhanced local involvement
through program funding

MAIN E'S
COASTAL PROGRAM

� OVERVIEW OF THE
COAST AND THA descr
PROGRAM

- Funding policies
- Policies for issues of broad concern
* POLICIES - Administrative policies development 6
- Economic policy
- Development and natural resource
policies based on existing Maine lows

* THE CORE OF A description of the lows, the oreo
TH E PROGRAM: and uses they regul. te ond how they 7
THE PROGRAM: ore7dministered
11 LAWS

* THE PROGRAM FOR -How Funds will be ollocoted to towns,
IMi'ROVI N G R ESOURCE speciol projects, RPCs and sotate 8
ogencies and how rhe program will
PLANNING AND be adminilsterecd
MANAG EM ENT
- Bockground informalion to supplement
* ORGANIZATION the above, primofly for use by person
IInterested in how Maine's pigrom
meets OCZM requirements

5. MAINE'S COAST AND AN OVERVIEW OF MAINE'S COASTAL PROGRAM

. ~~5.1 THE VALUE OF THE COAST

Maine's Coast is a special place, both in terms of its natural characteristics
and as a source of enjoyment and economic benefit. It is also a place experiencing
changes that are causing increasing conflicts over the use of its resources; resources
that are of significant value to both the State and the Nation.

Today, the Maine Coast contains an incredibly diverse and complex human
and natural environment. It includes the "near-suburbs" of urban regions to the south,
the growing Portland urban-industrial region, fishing villages, remote island communi-
ties, and wild timberland areas without local government or permanent settlement. The
natural setting for this varied human environment is equally diverse; including long ex-
panses of sand beaches; mountainous areas; numerous islands; large marshes; and rocky,
highly indented shorelines.

The special values of the Maine Coast have been appreciated for centuries. In
precolonial times, Indians fished extensively along the shores, as their many large shell
heaps now show. Early explorers enjoyed these some shores. In 1605, James Rosier wrote
of the St. George area, "We stayed the longer in this place, not only because of our good
Harbour, (which is an excellent comfort) but because every day we did more and more dis-
cover the pleasant fruitfulness."
Modern sai lors, too, consider Maine waters to be among the finest sailing waters
in the world, partly because the Maine coast offers countless sheltered anchorages and
the deepest harbors an the east coast of the United States.. Many of these harbors have
become important centers of trade, initially exporting lumber and now, handling a variety
of products. Commercial and industrial activity has grown around these ports, increasing
employment opportunities and benefiting the coastal economy.

The "pleasant fruitfulness, " of which that early explorer wrote, is now a vital part
of Maine's economy. The fishing industry supplies products to many states across the notion
and including the harvesting and processing of shellfish, shrimp, lobsters, and fin fish, it
provides about 18,000 jobs and contributes about $250 milIlion to the state's economy each
year.

These seafood delicacies are part of the attraction of the coast for Maine's summer
visitors. Each year, an estimated four million tourists from across the country visit the
coast to enjoy its unique beauty and recreational opportunities.

In comparison with other areas, the demands placed on the Maine coast have,
untilI recently, produced only modest changes. One reason for this moderate impact is
that Maine has a relatively small population scattered over 3,400 miles of coastline.

Recently, however, large parts of the coast have begun to change rapidly. The
following facts give an indication of the pressures on the coast and the changes they are
causing:

e Nearly half of the state's population lives in the coastal area, which comprise@
less than 12% of the state's land area.

o Sagadahoc, Lincoln, Waldo, and Hancock counties, all coastal, were the fastest
growing counties in the state from 1970 to 1975, wi'th average population increases
of about 13%. Hancock County experienced a 16% increase, the highest in the
state.

a With increased tourism, the seasonal population of some coastal towns has
increased to more than three times the year-round population.

* Many proposals for heavy industrial use of the Maine Coast have been made in
the last ten years; these include proposals for four electrical generating plants,
three oil refineries, four oil terminals, and an aluminum smelter.

a In some communities the amount of land developed for residential, commercial,
and industrial purposes increased by more than 100% between 1966 and 1974.
Most of that development was strip development along roads, much of it on
former agricultural land.

Increases in population, tourism, and residential, commercial, and industrial
development, particularly onshore facilities to serve potential offshore outer continenta0
shelf (OCS) development, together with increasing interest in energy, conservation,
historic and cultural resources, and concern for the fragile coastal environment, are
resulting in increased conflicts over the use of resources.

Those resources and the major characteristics of the Maine coast are briefly des-
cribed on the following pages.

5.2 NATURAL CHARAC I 'tKb I IC b

Maine has over 3,400 miles of rugged and irregular coastline. Scattered off-
shore are more than 3,000 islands with an aggregate acreage of about 225,000 acres.
Seven major rivers - the Piscataqua, Saco, Androscoggin, Kennebec, Penobscot, Machias,
and the St. Croix - and many lakes and streams drain into the coastal area.

Physiographically the coastal area can be described by dividing it into three
major segments. The southwestern segment, from the New Hampshire border to the
beginning of Casco Bay, is characterized by an uncomplicated shoreline of beaches
with few inlets and bays. The midcoast segment, extending from Casco Bay to French-
man's Bay, is characterized by long narrow bays, rocky shores, and numerous offshore
islands. The northeastern ("Downeast") segment extends from Frenchman's Bay to the
New Brunswick border and is characterized by an extremely irregular complex of bays
and islands with high coastal bluffs and headlands.

Broadly speaking, Maine's coastal forests can be classified as part of the White
Pine - Hemlock - Northern Hardwood forest; however, considerable variation in actual
species composition exists, and much of the forest land is interspersed with farmland.
These forests have a significant role in providing the aesthetic and recreation attraction
of the Maine coast. They also provide watershed stability for the streams that flow to
the coastal areas.
The significant commercial shellfish found along the coast of Maine include lob-
sters, shrimp, hard- and soft-shell clams, and scallops. Commercial fin fishes include
herring, ocean perch, cusk, cod, haddock, hake, pollack, mackerel, halibut, whiting,
and flounder.

Animals of the coastal area are typical of the eastern forest and include deer,
raccoons, squirrels, red foxes, porcupines, woodchucks, weasels, mink, snowshoe hares,
beaver, and muskrat. Large carnivores are now rarely seen in the coastal area. The
marine waters support whales, porpoises, dolphins, and seals. Occasionally the gray
seal, as well as the more common harbor seal, are seen on the smaller coastal islands and
in adjacent waters. Guillemots breed and are found in these same areas, while eider
ducks are the only ducks that breed along the coast. Small colonies of oceanic birds,
including the Atlantic puffin, razorbills, and petrels are located on several offshore
islands .
Mineral resources of significance along the Maine Coast include limestone
deposits in the Union-Warren and Rockland-Thomaston area. There are also numerous
deposits of copper, lead, zinc, and silver in what is known as the coastal mineral
belt which extends from East Penobscot Bay to Canada.

In 1974, approximately 47% (485,380 persons) of Maine's permanent population
of 1,049,395 resided in coastal towns on slightly more than 11 .5% of Maine's total area.

5.3 SOCIOECONOMIC CHARACTERISTICS

In 1974, approximately 479%1 (485, 380 persons) of Maine's permanent population
of 1,049,395 resided in coastal towns on slightly more than 11 .5% of Maine's total area.

About 53% of this coastal population lives in rural communities of less than 2,500 in-
habitants; however, the population is very unevenly distributed. Two-thirds of the
present coastal population is concentrated in towns in the southwestern counties.
Census data shows that the population in coastal counties increased by 1.5% during
1960-1970, while census estimates show a 9.4% increase from 1970-1974.

About 60% of the coastal area is in private Maine resident ownership, 5% is
in public ownership, and 35% is owned by nonresidents. The greatest nonresident owner-
ship occurs in the midcoast region, with the greatest resident ownership occurring in the
southwestern segment. Over 15% of all housing units on the coast are seasonal homes.

In 1975, the average gross wage in the coastal area was $7,911. Taxable sales
in 1974 were $1,170 million, or 59% of the state total. In 1970, 49% (216,212 persons)
of the state's total work force was located in the coastal area. In 1976, coastal un-
employment was 8.5%.

Fishing is Maine's oldest and most traditional industry. The fishing industry em-
ploys 14-15,000 people as fishermen, dealers and buyers and an additional 2-3,000 per-
sons in processing plants. in 1975, the fishing industry contributed about $249 million
to the state's economy.

Aquaculture is in its infancy, however, activities currently underway include:
raft culture of oysters and blue mussels, lobster, salmon, and trout culture.

Farmland occupies a considerable amount of open space in Maine's coastal area,
although farming has suffered a decline in Maine during the past 20 years. The principa.
sources of farm income on the coast are poultry products, dairy products, and blueberries

Tourist and recreation related industries play an important role in the State's
economy. Recreation demand upon the coastal resources has increased because of in-
creased population, greater affluence, increased amounts of leisure time, and greater
mobility. Vacationers come to Maine at the rate of 5.5 million persons per year, and it
is estimated that two-thirds of these vacationers are bound for the southwestern and mid-
coast segments of the coastal area. About 77% of the State's recreation-generated employ-
ment occurs in the coastal area.

Oil is the major source of energy in England and the eastern United States. Oil
importation already occurs on the Maine coast at Portland and Searsport. Because Maine
offers the deepest, the best, and the most (13 out of 23) deepwater harbors on the East
Coast, there has been significant interest in developing deepwater oil ports in the State.

Maine's coastal mineral development has consisted mainly of quarrying for build-
ing rock for export out of state, limestone for transformation into cement and fertilizer,
and sand and gravel.

Manufacturing is largely concentrated in the five-county area of York, Cumber-
land, Androscoggin, Sagadahoc, and Kennebec counties. Four of these counties are
largely in the coastal area. a

MAINE'S COASTAL HISTO RY

1600-1760
- Tie French establish trading posts and missiom, at St. Croix island,
Catine, and Norridgewock
- English make settlements from Kittery to Perraquid and at Machias
on the coast end inland at the erw;icks, Richmond, and Augusta
- French were largely fur traders and trappers. English settled more
pesimanently - formed and Fished for fond and shipped lumber, masates
and furs to Englardl
ond fun Fo Engilrtn - Worldwide shipping by Maine captains on Moal.- hips tirm, lales Inr,,.tive
- French Acadia - Penobsaot to St. Croix. Was the object of disputed Shirnkng and creates a csmropolitan society
claims and wranr between English and French and Indians from 1626 Portland becoes a cultul center and rivals Boron economieally
to 175i9 Potential for Maine's resource is realized - lime (Rock lnd), granite
Region irom Pnsoquld to Costine was a sparsely settled buffer zne. (Vinolhaven), Tce (Krmebse and Penobscot Rivers), tanning using
Maine hemlock

1760-1820 1860-1940

- After English-French Treaty of 1763, destroyed English settlements - Dsruption of shipping caused by trae Civil Wor
were reestablished, and settlers moved inland along rivers and into - Deoline of ship building due to iron hulls (estoblishment of Bath Iron Works
Penobscot Bay area and eastern Maine coast to avoid obsolescence)
- Lumber supply neon exhaustion in the accessible woods - he search moves
- By 1800, settlers filled in the regions betv/en the Iower rivea valleys to the mid-wes
a- settlements stretched along the coast to Calais i
- Granite industry dies as building stone is replaced by reinForcad concaret
- Search for mor lumber areas inland and sawmills established on Railroads built connecting inland towns with seaports (l83S and '40s)
river-ocean towns - Introduction of paper pulp process (18EOs) - necessitv for locating p:per
Commttrcial lumber ports developed at river parts. Three advantages- mills near the woad source and the growth of railroads hastened the declire
accessibility to the interior, water power, and sea transport. Lumber of shipcing and lowered tha importance of seaports
shipped to East coast cities, Europe, and West Indies - Afte WWI, chemical refrigeration and pollution had effectiveiy killed die
- Grist mills developed for local use Kennebec and Penobscot ice industry.
- ishing for local consumption urposes arried out along entire coast - Moast paper companies originated outside Maine, and thus much of the profit
- Shipbuilding industry deve!ops In large, well pratected harbors (Kittery, was taken out of the state
Portnd, ad toh, Roct'loGvj, Bclfn-is, BcnSo'r, 4Mchis') - In 1870, Bar Harbor was "discovnred" by wealthy families frcm New York,
- Esbrgo, War of 1St12 Philadelphia, and Boston
o Smuggling h1rlps the crowth OF Eastport oner CClio - After 1930, the textile industry gradually moved ooreraions to the srth
o Embargo curtailed the lumber rade, people turned their attention - Portland, Roklnd, and Eastport tok advantage of excellent horonrs and
to fanming (Portland, Soudi Portland, Cope Elizabeth) roll faocilities to develap successful fishing and fish processing industlies.
Factors restricting settlement and development from 1760 to 1820 Unorganized lobster Fishing and clamming become impotnt in nast coastal
o The bad reputation of Moine's climate and soils, towns
o Maine's disarganired and violent early history prevented It from
establishing an extensive population an mrkcet for goods, 1940-1970
o By being removed from the economic mainstream, Maine was
removed freoms innovative thinking and invstment copitol.- Costal residents want municipolities to have larger role in planning for
1820-1860 their future
- Fishing industry affected by varying suply of fish, ovefish;ing, pollu-
- Exhaustion of lumbar sources near major eastern U.S. cities tion ineFficient onuipent, mid markeling probiems; but f0 mile
- Growtl of eBangor to become nation's largest luslber port, drawn from limit on forign competition offers hope
the hinterland of the PenoLscar Basin - Economic developmel.t of the coast far large scale industry an important
- Limits of Ile coastal economic area defined by major ports, important issue
coostul mmnufectlring center, tow ns on navigable rivers - The conservatiaon of fish and wildllfe habitats, wetlands, and ores of
a Kittery - Ilsip builjing port natural beauty becomes increasingly important and results in enactment
* Biddefrard-Sco - textile plrnts at water power center of ervironmentolly sensirtive las
* Poctlond - major crnmercial area, port, ship building center, - Land use contl in the fonm ofshol cnd zoning, subdi'is;on regulations
state capitol 1820-1831 and the siting of large scale development deemed necessary to minimize
* Brunswick - lumber mills, colton mills - aowdoln College c-nflicting interests arid cotserve valuable natural rescur:es
* Bath - ship building
* Upper Kennebec (C'rdintr-Hallowell-Augusta) assorted industries -
lumber, textiles, shipping, ard ice
T* lhcnvston-lockland (one tovm until 1848) Lumber (early) shioping,
ship builling, limr prodvcticn, fIsl;n; (pri'narily for local consumption)
* Belfast - Lun"rr: (eurly), finisl,:d vwo Fproducts, ship building
� Bangor - Pr'ncary lumbcr port, ulso ship building
* filiw.trlh - WVater power site For lumber (secord only to Bangor during
this pcrixrl
*� bclic;:-t.::licrpnr; - Luhilbcr production and shprrment
* Ca!ois- Lumnbr
- Abur&d.,c i r' - .J aid Cl.u:, 5' cJ. j la:.r -al!o.s I/n,;n to become trle
-1 r :eip i L.irnq c.Iter dtail.il I!:is pe(rii.
- Lsmhaer !i',le .dh tl : !!. stirnljes t:re araw,- ri' ?r-. cot'on tlesile
inrd..;t y nat warr fwCe&r sit. Cl;lQiri :le wotctn :Air.. coastl

5.4 THE EXTENT OF MAINE'S COASTAL AREA

I'le extent oi Maine's coastal area was established in 1969 when the
Coastal Program was initiated. The area includes all coastal towns and townships
on tidewaters, all coastal islands, and the sea to the limits of the State's juris-
diction. The inland boundary of the coastal area is, therefore, the inland line of
coastal town lines (see the map titled "The Coastal Area"), and the seaward
boundary is the outer limit of the U. S. territorial sea.

This area contains 143 m inor Civil Divisions, 131 of which are organized munici-
palities, 3 are plantations and 8 unorganized townships, and one Indian Reservation. The
plantations and unorganized townships are in the jurisdiction of the Land and Water Re-
sources Council. The population of the coastal area in 1974 was 485, 380. The irregu-
lar coastline including 3,000 coastal islands is 3,478 m lies in length. Physiographically,
the coastal area can best be described in three major segments - the southwestern segnent,
which extends from the New Han pshire border to the beginning of Casco Bay; themidwest
segment, extending from Casco Bay to Frenchmen's Bay; and the northeastern segment
("Downeast"), extending from Frenchmen's Bay to the Canadian border.

This area contains all those areas described in the Coastal Zone Management
Act of 1972 that must be within the "coastal zone". It therefore includes: islands, O
transitioial and intertidal areas, salt marshes, wetlands and beaches, and extends, as isO
required by the Act, "seaward to the outer limit of the United States territorial sea".

Inland, the extent of Maine's coastal area is such that it includes all areas
and uses which may have a direct and significant impact on coastal waters. (See
Appendix C 2 for a definition of "direct and significant iripact, ")

Existing state laws applicable within the coastal area serve to provide the
"control" that the Coastal Zone Management Act requires be in force if a state's
program is to be acceptable. The 11 laws mentioned in Section 4 (Issues) control
land and water uses in the coastal area; they are listed on the diagram on the next
page. The diagram divides the coastal area into four geographic "tiers" simply to
illustrate where the different laws apply. The laws themselves, and the policies that
they embrace, are described in Sections 6 and 7.

Maine's coastal area has thus been defined to assure that it meets Coastal
Zone Management Act requirements. However, other considerations have also helped
the state elect to limit the area to the territorial sea and coastal towns. These con-
siderations include the fact that:

- Natural resources in this area have been extensively inventoried and
mapped, and a series of over 200 maps is available for this area.

- The use of political limits to the area, rather than physical or
cultural features, simplifies implementation procedures and avoids
Is ~~~~~inequities within a single town.
- Administrative problems are minimized by this approach.
- A number of Maine's laws that relate to the coast refer to "head
of tide" and use this demarcation as a geographic and jurisdic-
tional reference.
- Coastal area boundaries that coincide with town lines serve to help
coordinate activities in multi-j urisdictional areas because Planning
a~nd Development Districts and Counties are delineated along
municipal or township lines.

Finally, this definition of Maine's coastal area was chosen after a number
of alternative approaches were tested and rejected by the Coastal Program staff
after many public meetings and discussions.

~~~~~~~~~~~~III ME

0.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~. ..4... w..,...k*' I -80.,. f B.0 IU

a" ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~U M ..*

,aidTECOSALAE

a 5~~tOW~~ I.4IA~~~ktd, E4~~4We

For list of towns in Coastal Area see Page 37.

LIST OF COASTAL COMMUNITIES

Regional Coastal
Planning Mapping Planning Mapping
Town County Commission Area Town County Commission Area
Addison Washington WCRPC 7.2 Monhuegall Knox EMURPC 5.1
Alna Lincolrl SMCRPC 5.2 Mt. Desert Hancock HCPC 4.1
Alrowsic Sagadahoc SMCRPC 6.1 Newcastle Lincoln SMCRPC 5.2
Aluntlel York SMRPC 11.2 Nobleboro Lincoln SMCRPC 5.3
Augusta Kennebec SKVRPC 13.0 North Haven Knox EMCRPC 2.3
Bangor Penobscot PVRPC 12.0 Northport Waldo WCRPC 1.1
Bar Harbor Hancock HCPC 4.1 Old Orchard Beach Y6rk SMRPC 11.2
Bath Sagadahoc SMRPC 6.2 Orrington Penobscot PVRPC 12.0
Beals Washington WCRPC 7.2 Orland Hancock, PCPC 1.3
Belfast Waldo EMCRPC 1.2 Owls Head Knox EMCRPC 2.1
Biddeford York SMRPC 11.2 Pembroke Washington WCRPC 9.2
Blue Hill Hancock HCPC 3.3 Penobscot Hancock HCPC 1.2
Bremen Lincoln SMCRPC 5.3 Perkins Twp. Sagadahoc SMCRPC 6.2
Brewer Penobscot PVRPC 12.0 Perry Washington WCRPC 9.2
Bristol Lincoln SMCRPC 5.1 Phippsburg Sagadahoc SMCRPC 6.1
Brooklin Hancock HCPC 3.3 Pittston Kennebec SKVRPC 13.0
Brooksville Hancock HCPC 1.1 Portland Cumberland GPCOG 10.1
li unswick CumbHrklaiid SMRPC 6.1 Prospect Waldo PVRPC 1.2
Bo.nthlhv Lilcoln SMCRPC 5.1 Randolph Kennebec PVRPC 13.0
Boothlbay Harbor I :;.Lill SMCRPC 5.1 Richmond Sagadahoc KVRPC 6.2
Bowdoinham Sagadahoc SMCRPC 6.2 Robbinston Washington WCRPC 9.2
Bucksport Hancock HCPC 1.3 Rockland Knox EMCRPC 2.2
Camden Knox EMCRPC 2.2 Rockport Knox EMCRPC 2.2
Calais Washington WCRPC 9.2 Roque Bluffs Washington WCRPC 7.2
Cape Elizabeth Cumberland GPCOG 10.1 Saco York SMRPC 11.2
Castine Hancock HCPC 1.2 St. George Knox EMCRPC 2.1
Centerville Washington WCRPC 7.2 Scarborough Cumberland GPCOG 10.1
Chelsea Kennebec SKVRPC 13.0 Searsport Waldo PVRPC 1.2
Cherryfield Washington WCRPC 7.1 Sedgewick Hancock HCPC 3.3
Columbia Washington WCRPC 7.1 Sorrento Hancock HCPC 4.3
Columbia Falls Washington WMCPC 7.2 South Berwick York SMRPC 11.1
Cranberry Isles Hancock HCPC 4.1 South Bristol Lincoln SMCRPC 5.1
Cumberland Cumbe:rland GPCOG 10.2 Southport Lincoln SMCRPC 5.1
Cushing Knox EMCRPC 2.1 South Portland Cumberland GPCOG 10.1
Cutler Washington WCRPC 8.2 South Thomaston Knox EMCRPC 2.1
Damariscotta Lincoln SMCRPC 5.3 Southwest Harbor Hancock HCPC 4.1
Deer Isle Hancock HCPC 3.2 Steuben Washington WCRPC 7.1
Dennysville Washington WCRPC 9.2 Stockton Springs Waldo PVRPC 1.2
Dresden Lincoln SMCRPC 5.2 Stonington Hancock HCPC 3.2
Eastport Washington WCRPC 9.2 Sullivan Hancock HCPC 4.3
Edgecomb Lincoln SMCRPC Surry Hancock HCPC 4.2
Edmunds Washington WCRPC 9.1 Swans Island .Hancock HCPC 3.1
Eliot York SMCRPC 11.1 T7SD Hancock HCPC 4.3
Ellsworth Hancock HCPC 4.2 T8SD Hancock HCPC 4.3
East Machias Washington WCRPC 8.1 T9SD Hancock HCPC 4.3
Falmouth Cumberland GPCOG 10.2 T1OSD Hancock HCPC 4.3
Farmingdale Kennebhec SKVRPC 13.0 Thomaston Knox EMCRPC 2.2
Friendship Knox EMCRPC 2.1 Topsham Sagadahoc SMCRPC 6.2
Frankfort Waldo PVRPC 1.3 Tremont Hancock HCPC 4.1
Franklin Hancock HCPC 4.2 Trenton Hancock HCPC 4.1
Freeport Cumberland GPCOG 10.2 Trescott Washington WCRPC 9.1
Gardiner Kennebec SKVRPC 13.0 Verona Hancock HCPC 1.3
Georgetown Sagadahoc SMCRPC 6.1 Vinalhaven Knox EMCRPC 2.3
Gouldsboro Hancock HCPC 4.3 Waldoboro Lincoln EMCRPC 5.3
Hallowell Kennebec SKVRPC 13.0 Warren Knox EMCRPC 2.2
Hampden Penobscot PVRPC 12.0 Wells York SMRPC 11.1
Hancock Hancock HCPC 4.2 West Bath Sagadahoc SMCRPC 6.1
Harpswell Cumberland SMCRPC 6.1 Westport Lincoln SMCRPC 5.1
Harrington Washington WCRPC 7.1 Whiting Washington WCRPC 8.2
Isle au Haut Knox EMCRPC 3.2 Whitneyville Washington WCRPC 8.1
Islesboro Waldo EMCRPC 1.1 Winter Harbor Hancock HCPC 4.3
Jonesboro Washington WCRPC 7.2 Winterport Waldo PCRPC 12.0
Jonesport Washington WCRPC 7.2 Wiscasset Lincoln SMCRPC 5.2
Kennebunk York SMRPC 11.2 Woolwich Sagadahoc SMCRPC 6.2
Kennebunkport York SMRPC 11.2 York York SMRPC 11.1
Kittery York SMRPC 11.2 Yarmouth Cumberland GPCOG 10.2
Lamoine Hancock HCPC 4.1
Lincolnville Waldo EMCRPC 2.2 LEGEND:
Long Island Pit. Hancock HCPC 3.1 SMRPC-Southern Maine Regional Planning commission
SMCRPC-Southern Mid-Coast Regional Planning Commission
j Lube<: Washingtonl WCRPC 9.1 HCPC-Hancock County Planning Commission
Milchils Washington WCRPC 8.1 WCRPC-Washington County Regional Planning Commission
Machiasport Washington WCRPC 8.1 EMCRPC-Eastern Mid-Coast Regional Planning Commission
Marion Washington WCRPC 8.2 PVRPC-Penobscot Valley Regional Planning Commission
GPCOG-Greater Portland Council of Governments
Marshfield Washington WCRPC 8.1 SKVRPC-Southern Kennebec Valley Regional Planning Com-
Matinicus Knox EMCRPC 2.3 mission
Milbridge Washington WCRPC 7.1
61

-i

C
0 ii - -

MAINE COASTAL COUNTIES

0 0

5.5 AN OVERVIEW OF MAINE'S COASTAL PROGRAM - HOW THE VARIOUS
PARTS FIT TOGETHER

To deal adequately with the complexities of improving resource management on
the coast of Maine, Maine's CoastalI Program must of necessity consist of severalI parts.
These various parts are described in detail in other portions of this document. The
purpose of this section is to describe how they fit together to form an integrated whole.

Figure ~~~~Maine's Coastazl Program Can be Thought of

as a Pyramid

Te
Ideas What is to be accomplished gal

~~~ ~How the goal will be reached Policies

Funding and Authori-
-~~~~~~~~~~~~ tes Under Existing Laws
The driving forces

IN The impacts on Atvte
people and

Activities resources

To visualize the whole, Maine's Coastal Program can be thought of as a
pyramid. As shown in Figure I , the pyramid consists of ideas or concepts near the
top and activities that affect-coastal resources at the bottom. The peak of the pyramid,
or the top stone, is the goal of the program. This is the most abstract or distant element
of the program. It describes in general terms what the program is to accomplish. The
gooaI of the program is to achieve a balance between conservation and development in
the coastal area that will satisfy short- and long-term social, economic, and environ-
mental needs and aspirations of the people of the State of Maine.

Below the goal are the policies for the program as described in Section 6. These
policies specify how the program will be carried out and include policies on such sub-
jects as: kinds of coastal activities to be encouraged, e.g., ports and commercial
fishing; use of Coastal Program funds; resolving coastal issues of broad concern, e.g., i
heavy industrial siting; public participation; the siting of development; and the con-
servation of coastal resources.

Finally, the base of the pyramid, or its impact on the ground, is made tip of the
many activities that are undertaken as part of it.

The Program's Activities Are Balanced

The program's activities are of many different sorts. To be effective and
balanced, they include both the implementation/administration of the state's existing
land use laws and other activities intended to improve resource use while also im-
proving economic and social conditions. These latter activities involve increasing theW
productivity of coastal resources, encouraging selected economic activities which are
the most beneficial, technical assistance, and other similar activities. The activities
which are part of the program are described in Sections 7, 8, and 9 ot this documrent.-

The Program Consists of Existing and Proposed Activities Woven Together

Clearly perceiving the relationships between the parts of Maine's
program and the whole is made difficult by Maine's unusual situation.
This is that the Maine legislature and Governor established authorities by low and
provided funding to implement these authorities before the passage of the Coastal
Zone Management Act. These laws principally address the regulatory side of Maine's
Coastal Program. The l'aws include those such as Site Location Low, Wetlands Law,
Shoreland Zoning Law, and others which are the core of the program. These are an
important part of the program which enable us to meet the federal requirements for
controlling certain types of high-impact activities and controlling uses of sensitive
environmental areas.

The activities which make up the fabric of the program are its end results, its
impact. They are directed toward improving the management of coastal resources,
while also improving economic and social conditions. Section 8 specifies how funding
that will become available if this program is approved will be used. Briefly, if Maine's
Program is approved, existing regulatory activities will be complemented by a variety
of activities at the local, county/regional, and state levels which are broader in
scope.

While the new activities will address improving the implementation of existing
state laws and local ordinances, they will also involve improving the productivity and
beneficial use of Maine's coastal resources, e.g., shellfish; encouraging those economic
activities that are of the greatest overall benefit to the people of the coast because they
provide jobs, while protecting social and environmental conditions; guiding development
to proper locations considering factors broader than those in existing laws; and other
similar activities. The amounts allocated to the different categories of activities reflect
where, in the judgment of the people of the State of Maine, the new funds could be used
most advantageously. As detailed subsequently, local resource planning and management
projects will get the greatest amount of funding. One rationale for taking this course
of action is that while the administration and implementation of existing laws on the
state level already receives substantial funding (approximately $3,000,000 per year state-
wide), local resource planning, management, implementation, and administrative ac-
tivities receive little or no state or federal funding specifically earmarked for these
purposes.

Section 6

Section Title Contents of Section Section Number

D The purpose of and format
INTRODUCTI O N fo thi document 1

SUMMARY - The highlights of 2
Maine's Coastal Program

BACKGROUND - How Maine's program developed 3
through strong citizen porticipation

COASTAL ISSUES - A general description of resource 4
and resource develcpment issues
and enhanced local involvement
through program funding

MAINE'S
COASTAL PROGRAM

� OVERVIEW OF THE
COAST AN D THE A decription 5
PROGRAM

- Funding policies
- Policies for issues of broad concern

* TH E CORE OF - A description of the lows,, the areas
TH E PROGRAM: and uses they regulte and how they
11 LAWS

* THE PROGRAM FOR - How funds will be llocoted to towns,
I MI:ROVI N G R ESOURCE speciol projects, RPCs ond stote 8
agencies and how fe program will 8
PLANNING AND be administered
MANAGEMENT
- Background information to supplement
0 * ORGANIZATION 9usebypersons
irterested in how Moine's program
meet OCZM requiremenns

6. GOAL, OBJECTIVES & POLICIES FOR MAINE'S COASTAL PROGRAM

IN TRODUCTION

This section describes the goals and policies of Maine's Coastal Program.
They provide direction and guidance to decision makers and encourage enhanced
resource planning and management throughout the coastal area. All of the program's
activities are designed to further the goal and policies.

The goal is a statement of what the program is to accomplish in a general
sense and is reflective of current legislative and gubernatorial attitudes.

The policies provide more specific direction for program activities. They
cover such subjects as: how recommendations for refinements in existing state policy
will be developed; the use of funds; public participation; the kinds of coastal
economic activities to be encouraged; the siting of development; and the conser-
vation of coastal resources. The following policies, also derived from existing
legislative and gubernatorial actions, have been incorporated by the Committee
on Coastal Development and Conservation to guide program activities toward the
goal.

These elements of the program specify its direction; in essence, they tell
what will be done and how it will be accomplished. For more information on how
these elements of the program fit into the larger whole, see Section 5.5, the "Over-
view of Maine's Coastal Program".

THE GOAL

THE GOAL OF /MAINE'S COASTAL PROGRAM IS TO ACHIEVE A BALANCE
BETr/EEN CONSERVATION AND DEVELOPMENT IN THE COASTAL AREA
THAT W'/ILL SATISFY SHORT- AND LONG-TERM SOCIAL, ECONOMIC,
ANlD EN VI RONI MEN TAL NEEDS.

In establishing this broad goal for the program the Committee on Coastal Develop-
ment and Conservation has been guided by the Executive Order that established
the Committee itself and by many existing state policies and statements of purpose
within existing legislation. The "balance" that the Committee has identified as
the Key to Maine's Coastal Program thus strives to incorporate diverse state
policies and the "Findings" of the Governor's Order (Number 10, FY 75/76, see
Appendix Fl . )- The goal, therefore, recognizes that important uses of the coast
are for public and private recreation, private commerce in fishing, food production
and other commercial activities, and thft it is a matter of "urgency" to maintain
the coast in "as close to pristine condition as possible taking into account multiple
use accommodations necessary to provide the broadest possible promotion of public
and private interests with the least possible conflicts in such diverse uses." (38 M.
R.S.A. i 541). The goal also recognizes that in other instances the legislature
has, for example, directed the State Development Office to implement a program
designed to promote and attract new industry and expand existing economic activi- i
ties. (5 M.R.S.A. J 7002).

The following policy statements have been adopted for Maine's Coastal Program by
the Committee on Coastal Development and Conservation to help achieve the above
goal. They are intended to guide the implementation and administration of the
program.

6.1 POLICIES RELATED TO THE FUNDING OF MUNICIPAL AND OTHER
GOVERNMENTAL PROJECTS

It is the policy of Maine's Co:stal Program to:

� make the majority of Program funds available to coastal towns for projects
that further the Program goal;

e make Program Funds available to Regional Planning Commissions and
other units of government for projects that further the Program goal;

fund projects that:

- encourage environmentally sound economic development;
- stimulate resource conservation and management;

- increase the local information base;
- result in the preparation of needed plans and ordinances;
- make existing land use controls work more effectively;
- educate and increase public awareness of coastal values;
- assist in the writing, administration, and/or enforcement of
town ordinances;
- encourage cooperation between various governmental units in
conserving coastal values;
- assist in the management of valuable natural resources;

� provide clear explicit criteria which can be used to determine eligible
projects that are consistent with Program goals.
* give the Committee on Coastal Development and Conservation responsibility
for defining the criteria for funding all municipal, governmental, and other
projects.
� develop straightforward procedures by which municipal and governmental,
and other agencies can apply for Coastal Zone Management funds.
* establish clear, explicit criteria which can be used to determine if a project
has been satisfactorily completed.

6.2 POLICIES RELATED TO THE RESOLUTION OF COASTAL ISSUES OF BROAD
CONCERN

Recognizing that there are issues of broad concern that may be in the national interest
that cannot be resolved entirely at the municipal level, it is the Policy of Maine's Coastal
Program to:
* continue work on refining policies on issues of broad concern
to the coastal region, the State, and the nation, and make
such recommendations available to the public, the Governor, State
and other agehcies, and the Legislature for their consideration as
possible state policies;

� give first priority to policy refinement of issues related to port development, tour-
ism, heavy industry, fishi.ng, public access, recreation, and the cuniulative effect
of s"all-scale development decisions;.
� -give full consideration, for siting on the Maine Coastal Area, to those
facilities that may be in the national interest.
The purpose of developing any such policies that relate to issues of broad concern
would be to:
- provide for better coordination between existing state laws;
- make decisions relating to the siting of large-scale facilities more
predictable;
- permit the private sector to capitalize on well-defined, long-range
policies;
71

- allow the State to encourage development and open space conservation
in accordance with well-defined objectives;

- improve opportunities for accommodating uses that provide jobs consistent
with coastal lifestyles and standards of environmental quality;

- provide coastal residents with knowledge of long-range goals and future
opportunities.

6.3 POLICIES RELATED TO PROGRAM ADMINISTRATION

In order to assure the availability of funds, and an ongoing Coastal Program that is
responsive to the people, it is the policy of Maine's Coastal Program to:

* provide ongoing opportunity for meaningful public and governmental
participation in shaping the direction of the program and in its future
refinement and assessment;

e maintain the Governor's Advisory Committee on Coastal Development
and Conservation as a broadly representative group, consisting of
State officials, the general public, legislators and others, to act as the
ongoing core policy-making body For the program;

* designate the State Planning Office (S.P.O.) as the key technical
agency to administer the program and act as staff to the above group;

e maintain a technical advisory committee consisting of State technicians,
regional and local planning directors to assist the State Planning Office;

* coordinate the activities of public and private groups whose activities
and services affect the Maine coast;

* establish procedures to expedite the review of Federal activities, projects
that require Federal permits, licenses, or assistance, and outer continental shelf
related activities that must be judged to be consistent to the maximrim extent
practicable withMaine's Coastal Program;

* assist public and private entities in the siting of development and in identi-
fying areas appropriate for conservation related land uses;

� provide information on the resources of the coast to decision makers
in the Form of maps, inventories, statistics, reports, research papers,
technical' studies, and analyses;

* assure interagency cooperation and coordination in carrying out the
Program through the establishment of memoranda of agreement which
describe each agency's responsibilities and commitments.

6.4 POLICY RELATED TO ECONOMIC DEVELOPMENT AND THE PROVISION
OF JOB OPPORTUNITIES

6.41 ENCOURAGE ECONOMIC DEVELOPMENT AND
PROVIDE JOB OPPORTUNITIES
Building upon existing general legislative policies and execut.ve economic development
statements, the Committee on Coastal Development and Conservation has adopted the
following policy for the Coastal Program:

� encourage those specific development activities that
provide substantial economic benefits and job quality
to coastal residents, and that are compatible with en-
vironmental quality, social conditions, and traditional
forms of coastal employment.

The above policy statement was drawn from the following existing Maine Laws and from
"The Halfway Point: Goals and Major Activities for 1977-78" which is the major exec-
utive policy statement of the Governor:

Existing Law(s) and
STATEMENTS Documents from which
(drawn from the existing laws and executive policy) statement or policy is
derived

Plan for guiding and carrying forth coordinated, 5 M.R.S.A. 1 3305
effective, and economic development of the state, State Planning Office
with due respect to its topography, resources, and
its present needs and future possibilities, as will
best promote the health, safety, order, conveni-
ence, welfare, and prosperity of the people.

The "highest and best uses" of the coast are for public 38 M.R.S.A. 9 541
and private recreation, as a place of "solace," and Coastal Conveyance of
as a source of private commerce in fishing, lobstering, Petroleum Law
and other marine life useful in food production and
other commercial activities. Such uses can only be

served by maintaing the coastal waters, estuaries,
tidal flats, beaches, and public lands adjoining
the coast in as close "to a pristine condition as pos-
sible taking into account multiple use accommo-
dations necessary to provide the broadest possible
promotion of public and private interests with the
least possible conflicts in such diverse uses."

Create job opportunities by encouraging and assisting 5 M.R.S.A. Ss 7001
the expansion and improvement of both new and existing and
economic activities within the state, and to provide 10 M.R.S.A. � 702
enlarged opportunities for gainful employment by the State Development Office
people of Maine and thus ensure the preservation and Maine Guarantee Authorit
betterment of the economy of the state and its inhabi-
tants.

Improve Maine's competitive position as a place to do The Halfway Point:
business, by controlling the costs and increasing the con- Goals and Major
venience of establishing, expanding, and operating Activities for 1977-
business ventures in the State. 1978

Identify key development opportunities and problems The Halfway Point:
and promote complementary public and private action Goals and Major
to meet them. Encourage self-sustaining economic growth Acdvities for 1977-
and development in Maine which brings new opportunities 1978
to areas of chronic unemployment, underemployment and
low personal income.

Encourage the conservation, higher use, and The Halfway Point:
beneficial economic impact of the State's existing Goals and Major
natural resources. Activities for 1977-1978

Implement a program designed to promote and attract 5 M.R.S.A. S 7002
new industry to the state, expand existing economic State Development Office
activities in the state, and help existing businesses
to find both domestic and foreign markets for their
products.

Provide advice and assistance in the field of utili- 12 M.R.S.A. ] 501-A
zation and marketing of wood products. Bureau of Forestry, DOC

Provide promotional and marketing assistance for 12 M.R.S.A. i 3502-*
commercial fisheries. Dept. of Marine Resources

6.42 ENCOURAGE PORT AND FISHING DEVELOPMENT

In seeking to achieve the above economic policy and thus encourage development
that will provide jobs on the coast, the Committee on Coastal Development and
Conservation (CCDC) recognizes that Maine's ports and commercial fishing industry
should continue to play a central role in the economy of the coast and the State.
The Committee has therefore developed and adopted the following policies relating
to these two activities:

2. encourage the planned development of ports and port facilities
so as to improve their usefulness in serving water dependent uses
and transportation needs; develop port areas especially to serve
water dependent uses such as commercial fishing, recreation,
cargo handling, boat building, and renewable resource related
industries that have port export requirements, in a manner that
is consistent with maintaining environmental quality.

3. encourage the continued viability and growth of commercial fin
and shell fishing, lobstering, aquaculture, and use of other marine
life useful to food production.

The two policy statements above were drawn from the following sources:

Statement Source

Acquire, construct, operate, and maintain 23 M.R.S.A. J 4206
such harbor facilities as may be necessary to Department of Transportation
implement the planned development of coastal
resources, ports and harbors; ...

The highest and best uses of the coast are for 38 M.R.S.A. s 541
public and private recreation ... and as a Coastal Conveyance of
source of private commerce in fishing, lobster- Petroleum Act
ing, and other marine life useful in food pro-
duction and other commercial activities.

Conserve and develop marine and estuarine 12 M.R.S.A. ] 3502-A
resources and promote and develop the Maine Deportment of Marine Resources
Coastal Fishing Industry.

Provide promotional and marketing assistance 12 M.R.S.A. 9 3502-A
for commercial fisheries. Department of Marine Resources

Conserve the renewable natural resources of Halfway Point: Goals and
the State whenever possible. Major Activities for 1977-78.

6.5 POLICY RELATED TO OUTDOOR RECREATION

Building upon existing general legislative policies and executive statements, the
Committee on Coastal Development and Conservation (CCDC) has adopted the follow-
ing policy for the Coastal Program:

4. a Improve and expand opportunity for Maine people and visitors to the state
for outdoor recreation on the coast through coordinated planning, conserva-
tion of visual qualities, open space preservation, and land acquisition.

The above policy statement was drawn from the sources listed below.

IMPROVE AND EXPAND OPPORTUNITY FOR Source of Statement
OUTDOOR RECREATION ON THE COAST

Improve and expand opportunities for outdoor The Halfway Point: Goals
recreation and improve the visual quality of and Major Activities for
the State. 1977-78.

Promote the wisest and fullest use of Maine's Goal of Bureau of Parks
resources for recreation and preserve the and Recreation,
quality of the outdoor environment in order S. C.0. R. P.
to satisfy the needs of the residents of Maine,
the seasonal visitors, and the short-term
vacationers to Maine.

the Legislature declares it to be for the Land Use Regulation Commission
public benefit and for the good order of the Statute, 12 M. R. S.A. ~ 681
people of this State, encourage the well
planned and well managed multiple use of
land and resources and encourage the approp-
riate use of these lands by the residents of
Maine and visitors, in pursuit of outdoor
recreation activities, including but not
limited to, hunting, fishing, boating, hiking,
and camping.

Encourage the wise use of the scenic, mineral, Deportment of Conservation
and forest resources of the State of Maine, and policy, 12 M. R.S.A. i 5011
ensure that coordinated planning for the future
allocation of lands for recreational, forest pro-
duction, mining, and other public and private
uses is effectively accomplished...

Improve and Expand Opportunity for
Outdoor Recreation on the Coast Source of Statement

The "highest and best uses" of the coast are 38 M.R.S.A. � 541
for public and private recreation, as a place Coastal Conveyance
of solace; and as a source of private commerce of Petroleum Statute
in fishing, lobstering, and other marine life
useful in food production, and other commercial
activities....

Subject shoreland areas to zoning and sub- 12 M.R.S.A. i 4811
division controls in order to further ... and Shoreland Zoning
conserve cover, visual as well as actual points
of access to inland and coastal waters and
natural beauty.

Acquire in behalf of the State, land or 12 M.R.S.A. s 203
any interest therein within the State with Bureau of Parks and
or without improvements, by purchase or gift, Recreation.
and by eminent domain . . .

Protect the scenic beauty and unique characteristics Great Ponds Alteration
of great ponds, as well as the protection of their Statute
recreational, cultural, historical, and environmen- 38 M.R.S.A. H 386-397
tal value ...

6.6 POLICI ES RELATING TO AGRICULTURE

Building on existing legislative and executive policies, the Committee on Coastal De- i
velopment and Conservation has adopted the following policies for the Coastal Program:

* encourage agriculture as an economic activity which is consistent
with the Program's resource conservation and economic development
policies.

6. J*� encourage the conservation of significant agricultural lands.

The above policy statements were drawn from the following existing Maine laws and
from "The Halfway Point: Goals and Major Activities for 1977-1978" which is the
major executive policy statement from the Governor.

ENCOURAGE AGRICULTURE AND THE Source of Statement
PRESERVATION OF AGRICULTURAL LAND

Protect the food production capability of the 1977 Private and Special Laws,
State and provide consumers with ready access Ch. 65. Food and Farmland
to wholesome locally-produced food products Study Commission
and encourage greater food and agricultural
self-sufficiency.

Encouragethe agricultural use of land and the 1977 Private and Special Laws,
continuity of agricultural open space, thus con- Ch. 65. Food and Farmland
tributing to the income and employment of many Study Commission
citizens of the State and to the environmental
benefits of rural aesthetics and enhanced air
and water quality.

Encourage the preservation of farmland and open Farmland Open Space Tax Law
space land and prevent its forced conversion to 36 MRSA 1101 -1118
more intensive uses as the result of economic
pressures caused by their assessment at values
incompatible with their preservation.

"Encourage the conservation, higher use and The Halfway Point: Goals
beneficial economic impact of the State's and Major Activities for
existing natural resources. 1977-1978.
.oo Prepare an agricultural development
strategy to preserve and utilize prime
agricultural land ...."

Limit nonfarm related land uses in prime farmland Land Use Regulation Cormissiob
areas within the unorganized and deorganized areas Comprehensive Land Use Plan
of the State.

Aid and assist societies and associations organized 7 MRSA ] 8, Department of
and established for the promotion of pomology, Agriculture
horticulture and dairy work.

Carry out preventative and control measures and 12 MRSA % 54, Soil and Water
works of improvement for the control and pre- Conservation Commission
vention of soil erosion and sedimentation.

6.7 POLICIES RELATED TO HOW MAINE'S MANAGEMENT PROGRAM SATISFIES
COASTAL ZONE MANAGEMENT REQUIREMENTS

The following policy statements are drawn from 11 existing Maine laws
and from regulations promulgated under those laws, and therefore are the enforce-
able policies of Maine's Coastal Program. The statements reflect the most important
aspects of these existing laws; they are highlights and the listing below is not exhaus-
tive. Manymore policies, both explicit and inplicit, could be drawn from the 11 laws
and their supporting docun ents, however, the reader could best gain more detailed in-
sights by referring to the laws themselves (see F2 - F7a) or by reading the supporting
plans, standards, rules and regulations; the most imnparftntof -which are contained-in
the Appendix.

6.71 POLICIES RELATED TO THE SITING OF DEVELOPMENT
(drawn from the 11 existing laws that are the core of Existing Law(s) from
Maine's Management Program) which policy is derived.

7 Assure that water quality is maintained by licensing 38 M.R.SoA. 9 413
facilities necessary to the lawful discharge of pollutants Protection of Waters
into the surface waters of the state and by prohibiting 38 M.R.S.A. � 541
certain types of discharges. Coastal Conveyance
of Petroleum

8 Assure, through a permit procedure, that development 38 M.R.S.A. s 411
activities proposed for coastal wetlands are located and Coastal Wetlands
conducted so that the value of these areas for wildlife
habitat, recreational and navigational use, natural storm
water storage, and erosion control is maintained.

9 Assure that commercial and industrial development planned 12 M.R.S.A. s 4811
for areas within 250 feet of high water is located on sites Shoreland Zoning
with suitable soils that have been designated as General and
Development areas. the Shoreland Guidelines

10 Assure that residential development withtn 250 feet 12 M.R.S.A. | 4811
of high water, or within any part of the unorganized Shoreland Zoning
areas, is located in those areas designed as suitable and Land Use Regulation
for such development. Law

11 Assure that all development in shoreland areas is con- 12 M.R.S.A. i 4811
ducted in such a manner that safe and healthful conditions Shoreland Zoning
are maintained, wafer quality is maintained, aquatic, bird,
and other wildlife habitat is conserved and structures are
placed so as to conserve shore cover, water access, and
points of natural beauty.

12 Encourage residential, commercial, and industrial Shoreland
development to locate in areas where they will not Zoning
adversely affect water quality, productive habitat, Guidelines
biotic systems, or scenic or natural values; such
areas include coastal wetlands, 100 year flood plains,
and areas with slopes of greater than 25%.

13 Encourage, through zoning, new development in the un- 12 M.R.S.A.ss 681
organized areas to locate in, or adjacent to, suitable ex- Land Use Regulation
isting developed areas; permit large well-planned develop- Law and
ment in other areas as planned unit development. the Land Use Regula-
tion Comprehensive
Plan

14 Encourage the relocation of development presently in Land Use Regulation
flood prone areas and areas susceptible to flood damage, to Commission
nonflood prone areas; require that new building be con- Comprehensive Plan
structed in nonflood prone areas.

15 Assure, through a permit procedure, that the sub- 30 M.R.S.A. ] 4956
division of land is conducted in such a way that air Subdivision Law
and water quality standards are maintained, soils
remain stable, safe highway conditions prevail, waste
disposal is provided for and scenic values and areas of
natural beauty are conserved.

16 Assure that the quality of the natural environment is 38 M.R.S.A. S 481
maintained by requiring a permit for large scale develop- Site Location
ments; thereby assure safe traffic conditions, maintenance
of state air and water quality standards and other natural
environmental qualities, and siting that takes soil capa-
bilities into account.

17 Assure that air quality is maintained by establishing am- 38 M.R.S.A. 590
bient air quality and emission standards and by licensing Protection and Im-
air contaminant sources. provement of Air

I8 Assure that the site for disposal of solid waste is 38 M.R.S.A. 1304
suitable. Solid Waste Management

19 Assure, through a permit procedure, that development 12 M.R.S.A. R 2206-2212
activities proposed for rivers, streams, and brooks above Stream Alteration
head of tide are conducted in a manner that minimizes
soil erosion, fish and wildlife habitat destruction, and
recreational and navigational use.

6.72 NATURAL RESOURCE MANAGEMENT POLICIES

(drawn from 11 existing Maine laws)

MAINTAIN THE QUALITY OF THE WATER OF THE COASTAL AREA

20 Classify surface waters and tidal flats into specific 38 M.R.S.A. � 365
water quality categories. Protection of Waters

Maintain and enhance the quality of state waters 38 M.R.S.A. 9 413
by regulating discharges from facilities, so as to Protection of Waters
meet established water classification standards,
and by requiring "best practicable treatment.

21 Assure water quality is maintained by prohibiting 38 M.R.S.A. s 413
the discharge of certain hazardous materials. Protection of Waters

22 Apply zoning and subdivision controls to all 12 M.R.S.A. 9 4811
shoreland areas within 250 feet of normal high water, Shoreland Zoning
so as to assure and maintain water quality.

23 Ensure that land subdivisions are designed so as 30 M.R.S.A. ] 4956
to assure quality waters. Subdivision Law

24 Maintain and enhance water quality classifications. LURC Comprehensive
Plan

25 Assure that activities in coastal wetlands maintain 38 M.R.S.A. 9 471
the quality of the waters by requiring permits for such Coastal Wetlands
activities.

26 Assure that dredging, filling, and permanent construction 12 M.R.S.A. si 2206-2212
activities in, over, or adjacent to flowing waters above Stream Alteration
head of tide maintain water quality by requiring permits
for such activities.

27 Assure the safe conveyance and transfer of oil on waters 38 M.R.S.A. ii 541
of the State, and lands adjoining, extending 12 miles sea- Coastal Conveyance of
ward from the coast. (The application of the Coastal Con- Petroleum Law
veyance Act beyond 3 miles does not extend the seaward
boundary of the Coastal Zone (see AoDendix B2)o
28 Preserve the public and private recreational, fishing, 38 M.R.S.A. %t 541
lobstering, and gathering of marine life uses from the Coastal Conveyance of
hazards of oil pollution by authorizing the Board of En- Petroleum Law
vironmental Protection to exercise the police power of
the state to deal wi th such hazards,

29 Maintain coastal waters and estuaries in as close to 38 MoR.S.A. sJ 541
pristine condition as possible by the preventing of dis- Coastal Conveyance of
charges, spills, and if these should occur, by rapid Petroleum Law
clean up.

30 Ensure the quality of ground and surface water by Solid Waste Management
controlling the siting of land fill facilities. Regulations

PROTECT THE QUALITY OF COASTAL WETLANDS

31 Assure, through a permit procedure, that activities 38 M.R.S.A. � 471
in coastal wetlands permit the natural Flow of any Coastal Wetlands
waters.

32Assure that recreational and navigational uses in 38 M.R.S.A. 9 471
coastal wetlands are not unreasonably restricted by Coastal Wetlands
permanent structures.

33 Assure that water quality is maintained in wetland Land Use Regulation
areas through the regulation of uses that influence Commission
water qua I ity. Comprehensive Plan

34 Provide protection for coastal wetlands from 12 M.R.S.A. i 4811
residential, commercial, and industrial develop- Shoreland Zoning and
ment, by designating these areas as Resource Guidelines
Protection districts under Shoreland Zoning.

35 Maintain tidal flats, beaches, and public lands 38 M.R.S.A. JJ 541
adjoining the seacoast in as pristine a condition as Coastal Conveyance
possible by regulating the coastal conveyance and of Petroleum
transfer of oil, and providing for prompt clean up
of oil spills.

MAINTAIN SOIL STABILITY AND MINIMIZE EROSION IN THE COASTAL AREA

36 Assure the stability and value of coastal wetlands 38 M.R.S.A. 9 471
as storm runoff retention areas and natural sieves, Coastal Wetlands
by requiring permits for activities thay may cause
erosion.

37 Designate areas within 250' of high water having 12 M.R.S.A. { 4811
slopes of greater than 25% (or unstable soils that Shoreland Zoning
are subject to slumping or severe erosion) as pro-
tection areas and use these areas for natural resource
management activities.

38 Assure stable soils and sediment free waters 12 M.R.S.A. i 4811
by conducting filling, grading, and other earth- Shoreland Zoning
moving activities within 250 feet of high water,
in conformance with established erosion prevention
measures.

39 Assure stable soils and sediment-free waters by 12 M.R.S.A. s 4811
requiring no tilling of agricultural soils in areas Shoreland Zoning
within 50 feet of ponds or lakes or removal of
vegetation without replacement in areas within
50 feet of high water mark.

40 Assure that unreasonable soil erosion does not 12M.R.S.A. Hj 2206-2212
result from development activities adjacent to Stream Alteration
rivers, streams, or brooks by requiring a permit
for such activities.

41 Utilize the capability of the soil to support de- 12 M.R.S.A. i 681
velopment so as to determine its suitability for Land Use Regulation
development, in the unorganized areas of the coast. Law

42 Assure, through a permit procedure, that land sub- 30 M.R.S.A. � 4956
divisions maintain soil stability and do not cause Subdivision Law
unreasonable soil erosion.

43 Assure, through a permit procedure, that large 38 M.R.S.A. � 481
developments that may substantially affect the Site Location
environment are built on soils suitable to the
nature of the proposal.

MANAGE ACTIVITIES IN FLOOD PLAIN AREAS OF THE COAST TO MINIMIZE
FLOOD DAMAGE

44 Designate 1 00-year flood plain areas (or areas 12 M.R.S.A. J 4811
having recent flood plain soils) that are within 250 Shoreland Zoning
feet of normal high water as protection areas and use
for appropriate nonintensive uses, such as forestry,
agriculture, open space, recreation areas, etc.

45 Use flood prone areas,in the unorganized areas, LURC
for natural resource and agricultural management so Comprehensive Plan
as to minimize flood damage to development uses.

CONSERVE NATURAL, HISTORIC, AND SCENIC RESOURCES IN THE COASTAL AREA

46 Consider natural sites of significant scenic or 12 M.R.S.A. J 4811
esthetic value, within 250 feet of high water, as Shoreland Zoning
areas that should be designated as protection areas;
these areas to be used for natural resource protection
and management such as forest management, non-
intensive recreation, wildlife management, agri-
culture, etc.

47 Apply the clearing and tree harvesting standards 12 M.R.S.A. � 4811
of the Shoreland Zoning program to conserve and Shoreland Zoning
protect visual, as well as actual, points of access
to inland and coastal waters and natural beauty.

48 Assure, in the unorganized areas, the pro- LURC
tection of areas containing unique, rare, or Comprehensive Plan
critical landforms, wa.ter resources, vegetation,
animals or archaeology, so as to preserve their
scientific, ecological and educational values.

49 Assure that provision be made, in the un- 12 M.R.S.A. � 681
organized areas, for fitting all structural develop- LURC
ment harmoniously into the existing natural en-
vironment.

50 Assure that land subdivisions conserve the 30 M.R.S.A. � 4956
scenic or natural beauty of the area, on aesthetics, Subdivision Low
historic sites or rare and irreplaceable natural
areas.

51 Assure that all large development proposals conserve 38 M.R.S.A. � 481
the natural environment and do not adversely affect ex-- Site Location
isting uses, scenic character or natural resources.

52 Protect and preserve significant natural, scenic, Land Use Regulation
and historic features where appropriate, beneficial Commission
and consistent with the comprehensive land use plan, Comprehensive Plan

53 Encourage methods of storing and disposing of Solid Waste Management
solid waste to minimize scenic intrusion. Regulations

CONSERVE WILDLIFE AND FISHERIES RESOURCES

54 Assure that activities in coastal wetlands conserve 38 M.R.S.A. J 471
wildlife and freshwater, estuarine or marine fisheries Coastal Wetlands
and their habitats, through a permit procedure.

55 Designate areas identified by the Dept. of Inland 12 M .R.S.A. � 4811
Fisheries and Wildlife as moderate to high value Shoreland Zoning
waterfowl areas (that are within 250 feet of high
water), as protection areas suitable for natural
resource conservation; consider other significant
wildlife habitat for this designation.

56 Assure that dredging, filling, and construction ac- 12 M.R.S.A. H 2206-2212
tivities in or adjacent to flowing fresh water conserve Stream Alteration
wildlife and fish species.

57 Assure the conservation of marine resources in 12 M.R.S.A. � 3504
- coastal waters and flats through appropriate regula- Marine Resources
tions.

58 Preserve the use of the seacoast for fishing, lob- 38 M.R.S.A. � 541
stering, and gathering of marine life by maintaining Coastal Conveyance
waters of the State extending 12 miles seaward in as of Petroleum
pristine a condition as possible.

59 Assure that land uses and activities in the un- 12 M.R.S.A. J 681
organized areas conserve habitats judged to be LURC
essential to the species, including fish spawning and
nursery areas.

MAINTAIN STATE AIR QUALITY STANDARDS

60 Assure that activities proposed for construction in 12 M.R.S.A. � 681
the unorganized areas meet state air pollution Land Use Regulation
control standards. Law

61 Ascertain that subdivisions maintain applicable 30 M.R.S.A. f 4956
state health regulations. Subdlvision

62 Assure that large development projects meet 38 M.R.S.A. 1 481
state air pollution control standards. Site Location

63 Assure that solid waste disposal practices do 38 M.R.S.A. H 1304
not cause undue air pollution. Solid Waste Management

64 Assure by emission licensing that new air 38 M.R.S.A. H 590
contamination sources meet air quality and Protection and Improve-
emission standards. ment of Air

65 Assure the maintenance of air quality by the 38 M.R.S.A. H 589
registration of all sources and by monitoring Protection and Improve-
emissions and ambient air. ment of Air

66 Assure that open burning at municipal solid 38 M.R.S.A. 9 599
waste disposal sites does not violate air quality Protection and Improve-
standards by establishing a reasonable compliance ment of Air
schedule with the violator for the cessation of the
practice.

Section 7

Section Title Contents of Section Section Number

I ~NT R O ~DU ~C T I ON N~- The purpose of and format 1
I NTRODUCTI ON f ro thi document

SUMMARY - The highlights of 2
Maine's Coastal Program

BACK GROUND - How Maine's program developed
through strong citizen pricipation 3

COAS TA L IS SU ES
~~~~~~COASTAL ISSUES - A general description of resource 4
and resource development issues
and enhanced local involvement
through program Funding

MAIN E'S
COASTAL PROGRAM

o OVERVIEW OF THE
COAST AND THE - A descripion 5
PROGRAM

- Funding policies
- Policies for issues of broad concern
* POLI Cl ES - Administrative policies development 6
- Econom c policy
- Development and natural resource
policies based on existing Maine laws

o THE CORE OF - A description of the lows, tIe areas
THE PROGRAM: and uses they regulte and how they 7
*1LA'NS are administered
II LAWS

o THE PROGRAM FOR - How funds will be aollocoated to towns,
I M'ROVI N G RESOURCE special projects, RPCs and slaote
agencies and how the program will
~~~~~PLANNING AND ~ be administered
MANAGEMENT
- Background informaltion to supplement
ORGANIZATION the above, primarily for use by persons 9
interested in how Maine's program
meets OCZM requirements

7. THE CORE OF MAINE'S COASTAL PROGRAM- ELEVEN EXISTING LAWS

INTRODUCTION

This section describes the existing laws that form the core of the program and
enable Maine to meet the federal requirements for controlling certain high impact
activities and the use of environmentally sensitive areas. Thus, this section describes
the legal authorities that state agencies and local governments have for carrying out
the land use policies stated in Section 6.

Further, this section describes how the state administers/limplements these
laws. The actions taken to implement the laws have included: creating commissions
and boards to make decisions on the acceptability of development proposals under
the core laws; hiring staff for the agencies charged with administering the laws;and
spending approximately $3,000,000 annually to implement the core laws statewide.

Thus, Maine is in the unusual situation that many of the elements which
are parts of its 306 program were implemented by being given legal authority and
funding prior to the approval of Maine's 306 program by the federal government and,
in fact, prior to the passage of the federc~l Coastal Zone Management Act in 1972.
This makes Maine's program sopmewhat difficult to understand, as it is a combination
of the existing regulatory laws and implementing programs described in this section
and the new projects that will be undertaken with 306 funding if the program is
approved. These latter projects are described in Section 8.

In summary, this section describes (1) the legal authorities for implementing
the land use policies in Section 6, and (2) the actions that the state has already
undertaken to implement the core laws. For more information on how this section fits
into the entire program, see Section 5.5, the "Overview of the Coastal Program"

l
7.1 THE PURPOSE OF THE ELEVEN LAWS

To qualify for Federal Funds, Maine's Program must be able to show that it
includes mechanisms for controlling land and water uses in the coastal area. Maine's
Coastal Program, therefore, relies on 11 existing laws. These existing land and water
use laws serve to manage coastal resources by guiding development (through permit and
zoning procedures) and by conserving those natural resources in need of protection.

The 11 laws form the basis for a strong regulatory system; they are described
in detail in this section.

The 11 laws are the means by which the Maine Coastal Program develop-
ment and resource policies (in Section 6.7 are implemented.

As a system, the 11 laws qualify the state for Coastal Zone Management
(Section 306) funding and satisfy the objectives of the Coastal Zone Management
Act of 1972. In extensive meetings with public and governmental groups, the state
has described the 11 laws as the core of its Coastal Program; the concept has re-
ceived broad support (see Section 3). Furthermore, as is shown in Section 4
(Coastal Issues) these same 11 laws resolve a number of issues that have been a
cause For concern in the past.

The 11 laws and their basic purposes are Itsted below:

- Protection and improvement of Waters - protects the quality
of state waters through classifying them and requiring licenses for
proposed discharges.
- Coastal Wetlands Act - controls uses so that environmental
quality is maintained.
- Shoreland Zoning Act - requires municipalities to enact shoreland
t�~~ ~ zoning for areas within 250 feet of water.
- Land Use Regulation Law - promotes principles of sound land use plan-
ning in unorganized areas.
- Subdivision Law - requires municipalities to review subdivisions
according to minimum state criteria.
- Site Location Act - controls large projects through permit procedure.

- Protection and Improvement of Air - protects and enhances air quality
by establishing standards and licensing proposed emissions.
- Solid Waste Management - promotes a coordinated statewide program
regulating solid waste disposal.
- Stream Alteration - controls the alteration of flowing waters so that
environmental quality is maintained.
- Coastal Conveyance of Petroleum - prevents, regulates, and expedites
clean up of oil spills; regulates the transfer and conveyance of oil,
and sets up fund for effective clean up of spills.
- Marine Resource Management - provides for the conservation of
marine resources through regulations.

Each of the above laws is described separately below. The descriptions are
organized so that the reader can trace the legislative history of each Act,
understand the amendments that have been enacted, and see what exposure each Act
has had to both the public and the legislature over recent years. The descriptions
explain what land and water uses or activities are regulated by each law and which
land and water areas they apply to. The final part of each description deals with:
how each law is administered, administrative responsibilities, license and permit
procedures, and the criteria and applicable regulations that each administering
agency or board uses to evaluate project proposals.

It should be emphasized that the 11 laws described are existing laws and
that Maine's Coastal Program consists solely of these laws. They are described in
detail so that Maine citizens can fully understand them, so that those Federal
agencies that will be required to be consistent with them to the mraximum extent
practicable, understand their scope; and so that the Office of Coastal Zone Manage-
ment can evaluate them and confirm that they meet federal requirements.

Finally, it should be noted that there are., nonetheless, many other state
laws that are relevant to land and water uses in the coastal area. These other
laws are not invalidated by thi's program; they will continue to be in effect. How-
ever, they are not central to Maine's application for 306 funds and, unlike the
I I laws above, do not apply for the purpose of consistency determinations. (See
Appendix E2.) (A summary of these other laws i's in Appendix F 14.)

HOW THE 11 EXISTING LAWS RELATE TO DIFFERENT TIERS WITHIN
MAINE'S COASTAL AREA

The diagram shows which areas of the coast are regulated by the 11 existing laws referred
to previously. The seaward limit of the area (and 'of Tier 1), is 'the extent of the State's'
jurisdiction; the inland boundary (and the upland limit of Tier 4), is the town line of those
towns in the coastal area. (Refer to inside cover for map and list of cqastal towns.)

TIER I TIER 2 I TIER 3 TIER 4

( Tidal & Fresh Water Inter-tidal 250' Inland From upland edge of 250' line
(to limit of State I Water and Lands from High Water I to inland border of Coastal 1
jurisdiction) I Towns
I Sub-tidal Lands l 1

I I I
DIAGRAMMATIC SECTION THROUGH COASTAL AREA
I I I

I EXISTING LAND &WATER USE LAWS I
~I I i
Protection of Wate rs 'SOLID WASTE MANAG E EENT
* t . I -
I I I
Coastal Wetlands Sh'ear Alteation (applie only to the
i bd and banks of riven and straomns)

Land Use Regulation Commission (L.U.R.C.) (only applies in unorganized townships and plantatiors)

i I II Subdivision of Land
I I ,
Site icatick.. of De-tlopment, r.-tectlon of Air, and O0l Discharge Prevention j

I m I I
TIER I t TIER 2 TIER3. TIER4

7.2 PROTECTION AND IMPROVEMENT OF WATERS

7.21 SUMMARY

The purpose of the Act (38 M.R.S.A. 361-A -371-A, 411 - 451-B) is to control,
abate, and prevent pollution of State waters. Administered by the Board of Environmental
Protection, the Act provides the mechanisms that control public and private waste dis-
charge into State waters. (The full text of the Act is contained in Appendix F2.)

The Protection and Improvement of Waters Act establishes standards of classi-
fication to be used by the Board of Environmental Protection in the assessment of
State waters. Fresh surface and tidal waters are assigned to one of five categories,
whereas two standards have been created for great ponds and lakes.

The Act prohibits discharge of any pollutant' from a private or public source
without a waste discharge license from the Board. The Board is allowed to issue a
license only upon the condition that the discharge, alone or in combination with
other discharges, after best practicable treatment, will not lower the water quality
below its present or expected classification. The Act protects waters of higher
quality than the assigned classification by providing that waste discharge, having
received the best practicable treatment,, may not lower the actual, higher water
quality unless such lowering is a result of necessary economic and social develop-
ment.

A general prohibition is placed on the spill or unlicensed discharge of
petroleum products, forest products refuse, potatoes, refuse, or waste from water-
craft, and an the sale of high phosphorus detergents. Log driving on inland waters
is banned, but a three year renewable permit for storage of logs may be granted
if certain conditions are met and if a refusal of the permit would impose undue
economic hardship on the applicant.

Discharge of radiological, chemical, or biological warfare 3gents and other
toxic substances identified by the Board is entirely prohibited, whereas mercury
discharge is conditionally permitted except where danger to public health necessi-
tates an emergency prohibition on all mercury discharge.

The Board of Environmental Protection is empowered to grant licenses for
construction of permanent structures, dredging, deposit of fill or other shoreline
alIteration i n, on, above, or under tidalI or subti da Ilands of the S tote. The Board
is also charged with supervision of the location of solid waste disposal areas adja-
cent to any classified body of water.

To aid in pollution control, the Act provides for State contribution of 15%-25%
of the expense of a federally approved and funded municipal or quasi-municipal pollu- a
tion abatement construction program. The Act set October 1, 1976, as the deadline
for completion and operation of any project necessary to achieve compliance with ap-
plicable water classification standards. Variances from the statutory water pollution
abatement time schedule may be granted by the Board to public applicants until federal
funds are available and to private applicants until July 1, 1977. The Commissioner of
Environmental Protection may appoint and train volunteers to aid in monitoring water
quality. Finally, the Board may revoke, modify, or suspend waste discharge licenses
in response to changed circumstances or license violations.

7.22 HISTORY

The present statute establishing a comprehensive program of water protection and
improvement has evolved through legislative amendments mcde during the past thirty-six
years. This process began in 1941 with the creation of a Sanitary Water Board; in 1945
the Board was empowered to license new sources of discharge, but the Board still lacked
water quality classification and standards with which to measure the impact of these new
discharge sources.

In 1951 the Sanitary Water Board was replaced by the Water Improvement Com-
mission. The Commission was established as an independent agency and granted staff
to carry out its function. The Commission eventually became the present Department
of Environmental Protection. In 1953, the Legislature established specific water quality
standards and a classification system, thereby providing the Commission with more de-
tailed policy guidance. These standards created four levels of water quality classifi-
cation for fresh and marine waters (amended in 1955 to five classifications - see follow-
ing section.) Such classification of State waters and assignment of water quality standards
to specific reaches of waterways provided a precise framework for the pollution abate-
ment program. The classification of specific bodies of water has continued over a number
of years, based on analysis of water body conditions and existing and prospective uses by
industry and municipalities for wastewater discharge.

In 1957 the Legislature provided for state contribution to costs of pollution abate-
ment. A State cost-sharing arrangement with the federal government was established
whereby the State presently contributes 15%-25% of the total construction costs of
federally funded municipal wastewater treatment plants. In 1967 the Act was amended
to include a timetable for planning and construction of facilities to abate pollution.

Discharge of harmful materials such as petroleum products, high phosphate clean-
ing agents, mercury, and other toxic or hazardous materials into waterways was prohibited
in 1971. During the same year, the Legislature declared that log driving on rivers was
to be illegal after October 1, 1976. In 1973 waste discharge licenses were made a
requirement for any identified discharge of waste into State waters.

7.23 USES AND AREAS REGULATED

All waters of the State., both fresh and marine, are regulated by the Act. Fresh
waters include rivers, streams, brooks, lakes, ponds, and other nontidal waters. Marine
waters, including tidal water with appreiable salt content, are defined as territorial
waters under jurisdiction of the State. The area covered by the Act is that referred to
as tiers I and 2 in Section S.

.It is unlawful for any legal entity to discharge waste which, following reasonable
opportunity for diffusion, will lower the quality of such waters below the minimum classi-
fication requirements, notwithstanding any exemptions or licenses granted by the Board
of Environmental Protection. The function of the waste discharge license within this
classification system is to require the best practicable treatment of discharge and regu-
late discharges to prevent degradation of receiving waters.

Virtually all bodies of water have been classified by name and encoded into the
statute. Great ponds and lakes, receiving special attention in the Act, are assigned
to the higher classification, GP-A, unless "public interests" require a lower standard,
GP-B. Existing licensed discharges to class GP-A ponds and lakes will be allowed to
continue until practicable alternatives exist, but no new discharges will be permitted
(aquatic chemical applications are exempted). The Board may classify unclassified
waters or raise any classification after careful consideration, public hearing, and con-
sultation with appropriate state and federal agencies. Such classification remains in
effect untilI ninety days after adjournment of the Legislature, unless the Legislature
adopts the classification by legislative enactment.
The building and operating of sewage treatment plants are regulated by the
funding mechanisms (see below) and by the licensing of effluent discharge from the
treatment plant.

STATUS OF DISCHARGE TREATMENT FACILITIES REGULATED BY ACT

The construction program of pollution abatement facilities scheduled for an
October 1, 1976, completion by the Maine Legislature has been executed in most
instances. Nearly allI industrial wastewater discharge treatment plants have been
completed.

Many municipal treatment plants planned under the public facilities con-
struction program are in operation. Only the failure of the Federal government to
provide funds according to a previously announced timetable has prevented con-
struction of more plants. Numerous individual discharges have been identified and
have been or willI be Ilicensed for improved water qual ity according tooa time
schedule applied by law or by regulatory variance.

9 9

MARINE WATER QUALITY STANDARDS

Class Water Uses Parameter Standard

SA Water Contact Recreation Dissolved Oxygen minimum 6 ppm
Fishing Fecal Coliform median number
Harvest and Propagation 14 per 100 ml
of Shellfish
Fish and Wildlife Habitat

SB1 Water Contact Recreation Dissolved Oxygen minimum 6 ppm
Fishing Fecal Coliform median number
Harvest and Propagation Shellfish Area 14 per 100 ml
of Shellfish Nonshellfish Area 43 per 100 ml
Fish and Wildlife Habitat

SB2 Water Contact Recreation Dissolved Oxygen minimum 6 ppm
Fishing Fecal Coliform median number
Harvest and Propagation Shellfish Area 14 per 100 ml
of Shellfish Nonshellfish Area 43 per 100 ml
Fish and Wildlife Habitat
Industrial Cooling and
Processing

SC Recreational Boating Dissolved Oxygen minimum 5 ppm
Fishing Fecal Coliform
Shellfish Harvest for Shellfish Area 150 per 100 ml
Depuration Nonshellfish Area 300 per 100 ml I
Fish and Wildlife Habitat
Industrial Cooling and
Processing

*SD Fish Migration Dissolved Oxygen 3 ppm
Industrial Cooling Fecal Coliform Numbers which
and Processing will not cause
Navigation undue hea I th
Power Generation hazard

* No State waters have been classified as SD.

100

WATER QUALITY STANDARDS

Stream
Classification Water Uses Parameter Standard

A Recreational purposes Dissolved Oxygen ' 75% Saturation
Water Contact Recreation Fecal Coliform 420 per 100 ml
Water Supply (after treatment)
Fish & Wildlife habitat

B-1 Recreational purposes Dissolved Oxygen - 75% Saturation or
Water Contact Recreation Fecal Coliform 2 5 ppm
Water Supply (after treatment) Chromium 4 60 per 100 ml
Fish & Wildlife habitat 4 50 ug/liter

B-2 Recreational purposes Dissolved Oxygen 2 60% Saturation or
Water Contact Recreation Fecal Coliform - 5 ppm
Water Supply (after treatment) Chromium 4 200 per 100 ml
Fish & Wildlife habitat 4 50 ug/liter

C Recreational Boating Dissolved Oxygen > 5 ppm (unless nat-
and Fishing Fecal Coliform urally occurring)
Fish & Wildlife habitat but in no case ( 4 ppm
4 1000 oer 100 ml

* D Power Generation Dissolved Oxygen > 2 ppm
Navigation Fecal Coliform numbers which will
Industrial Process Waters not cause undue
(after treatment) health hazard

*No waters within coastal zone are classified as D.

GREAT PONDS AND LAKES

WATER QUALITY STANDARDS

Class Water Uses Parameter Standard

GP-A Recreational Purposes Fecal Coliform 4 20 per 100 ml
Water Contact Recreation Phosphorus concentration 4 15 pp billion
Water Supply (with disinfection)
Fish and Wildlife Habitat

GP-B Recreational Purposes Fecal Coliform .60 per 100 ml
Water Contact Recreation Phosphorus concentration I 50 pp billion
Water Supply (after treatment)
Fish and Wildlife Habitat

101

7.24 ADMINISTRATION

The Act is administered by the Department of Environment Protection. Policy
direction and major decisions of the Department are made by the Board of Environmental
Protection. The Bureau of Water Quality within the Department has specific respon-
sibility to:

a. study and investigate water quality in given bodies of water

b. recommend to the legislature, after public hearing, water quality
classifications for bodies of water

c. identify and license all sources of waste discharge

d. coordinate and review the Federal-State financed programs for
construction of treatment facilities by municipalities

e. review plans for construction of wastewater treatment by industrial
and individual concerns

f. appoint volunteers to serve as monitors of water quality in order to
assure compliance with the Act

g. report violations to the Attorney General for enforcement.

The essential tool created by the Act to assure protection and improvement of
water quality is the waste discharge license, which is granted at the discretion of
the Board of Environmental Protection. The Board has adopted reasonable regulations
for administration of licenses within the intent of the law, regarding form and content
of application, public notice and comment procedures, public hearing procedures,
and means to install appropriate devices or methods to monitor waste discharge.

Licenses are granted for a period of three to five years. It is unlawful to
violate the terms of a license, even if receiving waters are not degraded below the
classified standard. The Board is empowered to revoke, suspend, or modify, in whole
or in part any license, after opportunity for hearing, if a violation of the license pro-
visions, or a change in circumstances has occurred. Power to inspect facilities and
records relating to discharge is granted by the Act to the Department for monitoring
purposes.

In connection with a license, the Board may grant a permit to a licensee for
construction and operation of any facility, necessary to comply with terms of the
license in, on, above, or under tidal waters or subtidal lands of the State. The
Board must insure such facilities create minimal interference with existing uses of
these lands and waters, and it may order removal of the facil Iities if they are deemed
unneeded, or if it is subsequently determined that there is interference with public
health and safety or another use, provided that such removal does not cause economic
hardship to the licensee.

102

The appeal procedure found in the Act provides that any person aggrieved
by a Board order or decision resulting from a hearing may appeal to Superior
Court within 30 days. The court proceeding shall be based upon the hearing
transcript. The court's review is limited to questions of law and whether the
Board acted within the scope of its authority. The Board's decision shall be
final so long as supported by substantial evidence. The court may affirm, re-
verse, or remand the Board's decision for further proceedings.

103

7.3 COASTAL WETLANDS ACT

7.31 SUMMARY

The Alteration of Coastal Wetlands Act (38 M.R.S.A. 19 471 et seq.)
was passed in 1975, replacing the 1967 Wetlands Control Act. The purpose of
the present Act is to assure that dredging, draining, filling, or construction of
permanent structures on or over any tidal or subtidal land does not unreasonably
Interfere with existing navigational or recreational uses, cause unreasonable
soil erosion, unreasonably interfere with the natural flow of any waters, un-
reasonably harm wildlife or freshwater, estuarine, or marine fisheries, or lower
the quality of any waters. The law requires that any person proposing such an
activity first obtain a permit.

Permits for alterations may be issued by the Board of Environmental
Protection (BEP) or by those municipalities which have been given permit
granting authority by the BEP, provided the alterations are consistent with
the standards in the Act.

This section describes the History, Administration, Uses, and Areas
Regulated by the Coastal Wetlands Act, and the Permit Review Process under
this Law. Appendix F3b includes a Legal Analysis of the Alterations of
Coastal Wetlands Act which describes judicial interpretations of the Act i
and Board policies and regulations adopted in order to implement the Act,
and presents a summary of the results of the permit review process.

7.32 HISTORY

By the middle 1960s, research had shown the value of coastal wetlands
as nutrient producers, nursery grounds for fish, waterfowl feeding, nesting, and
wintering areas, and buffers which protect the land from storm waves and tidal
action. This information, along with the knowledge that filling of salt marshes
was occurring in southern Maine, convinced the Maine Department of Sea and
Shore Fisheries and the Department of Inland Fish a nd Goame, alIo ng wi th
a private environmental group, to lobby for legislation aimed at protecting
Maine's coastal wetlands.

As a result, the Wetlands Control Act'. (I 2M.R.S.A., H 4701 etsLeq.)
was passed in 1967. This low required that all persons, agencies, and munici-
palities obtain permits before attempting to remove, fillI, dredge, or drain
sanitary sewage into, or otherwise alter, any swamp, marsh, bog, beach,
flat, or other wetland bordering coastal waters. Permits were issued by the
municipalities upon approval by the Wetlands Control Board. I

I1 AA

In 1972, the functions of the Wetlands Control Board were passed to the Board
of Environmental Protection (BEP), which is the permit granting authority for the
present Alteration of Coastal Wetlands law.

The Alteration of Coastal Wetlands Act, 38 M.R.S.A., Sec. 471-478, passed
in 1975 by the Regular Session of the 107th Maine Legislature, replaced the 1967
Wetland Control Act. The primary regulatory change of the 1975 legislation was the
extension of the area of jurisdiction from the intertidal to the subtidal lands of the
State. In other words, all proposals for permanent alterations in the area from the
upland limit of normal saltwater storm flowage seaward to the limit of the state's
jurisdiction are now subject to permitting procedures.

7.33 USES AND AREAS REGULATED

In general, any permanent alteration of a coastal wetland is subject to the
provisions of the law. For the purposes of administration, coastal wetland is defined
as all areas below the landward limit of vegetation that is tolerant of salt water,
including all tidal and subtidal lands, and all swamps, marshes, bogs, beaches,
flats, or other contiguous lowland which is subject to tidal action or normal storm
flowage seaward to the limits of the state's jurisdiction. Areas that are subject to
storm flowage only during periods of maximum storm activity are excluded from the
definition if no salt water tolerant vegetation is present. (These areas regulated
under the Alteration of Coastal Wetlands law coincide with Tiers 1 and 2 in Sec-
tion 5.)

The Board of Environmental Protection (BEP) may exempt from regulation certain
activities. Minor repairs and the maintenance of permanent structures (defined below),
involving less than one cubic yard of material to be dredged, deposited, filled, moved,
or removed in any coastal wetland are allowed under the law. Normal maintenance
and repair of presently existing ways, roads, railroad beds, or installations and facilities
of any utility are also allowed, provided no watercourse is substantially altered. The
building up or adding to the height of an existing road bed is exempt from permit re-
quirements, but the widening of a road bed requires either a pqrmit or a written advisory
opinion from the Department of Environmental Protection (DEP) indicating that a permit
is not required. Exemptions for repairs or maintenance are allowed if: a) the structures,
including but not limited to piers, wharves, and lobster pounds, were in existence and
in active use within the twelve month period preceding the repair or replacement, b) the
repair or replacement does not result in an encroachment into the Wetland area greater
than that of the previous structure, c) the repair or replacement does not result in a
structure significantly different from that of the previously existing structure as to size,
form, or material, and d) all repairs will be completed within 60 days of their commence-
ment. Coastal wardens of the Department of Marine Resources (DMR) are authorized to
issue exemption slips on the above activities.

* Discussion of the relationship between BEP and DEP is contained in Section 9.

105

Fish weirs and small boat moorings in waters below the low tide line are
exempted from permit requirements as the Board of Environmental Protection (BEP) has
ruled that the construction and operation of such structures has little or no adverse
impact on the environment. The deposit of treated sanitary sewage and construction
of a sewage outfall line from a single-family residence is exempted, provided the
property owner holds a valid sanitary wastewater discharge license issued by BEP,
and is meeting the standards of best practicable treatment.

For the purposes of the law, permanent structures do not include: (a) floating
structures located in the water less than seven months per year, and (b) temporary
structures which are in place less than seven months per year. However, any
dredging, draining, filling, or installation of any other permanent fixtures or al-
terations (such as piers, cement slabs, rock, gravel, or sand fill) intended to support,
attach to, or provide access to such floating or temporary structures, are not ex-
empted from the requirements of the law.
The construction of sewage treatment systems, including the laying of pipes
and construction of pumping stations and treatment plants on or over coastal wetlands,
require a permit from the Board of Environmental Protection under this Act.

7.34 ADM INISTRATIO N

The Adch inistering Agency

The primary adm inistering agency for the Wetlands Alteration Law is the Board of ~
Environmental Protection. Perm its may be granted by the BEP, or by a municipality, pro-
vided the municipality has a) established a planning board, b) adopted a Shoreland Zoning
ordinance approved by the BEP and by the Land Use Regulation Comm ission, and c) has made
provision by ordinance or regulation for prompt notice to the BEP and the public upon receipt
of the application and for written notification to the applicant and the BEP of the issuance or
denial of a pemn it, and d) has received such authority from the Board. The BEPmay, after a
public hearing, revoke the municipality's penn it granting authority. At the present tine,
two municipalities, Harrington and Southport, have requested and received penn it-granting
authority.

The DEP staff act on the following types of applications: a) pile structures
entirely above mean low water, b) repairs and/or maintenance necessary to preserve
or restore an existing structure or land contour or one which has existed on the appli-
cant's property within one year prior to the date of application, if the proposed project
will not result in any harm to the natural environment, c) erosion-preventive measures,
d) trenching operations where there will be immediate restoration, e) marine railways
or ramps where no significant dredging or filling is involved.

If the BEP action is required, a working document with recommendations is
prepared by the DEP staff and mailed to the BEP members one week prior to the next
scheduled Board meeting for its consideration and deliberation.

Before issuing a permit, the BEP must notify the municipality wherein the
planned activity is proposed and consider any comments received from the munici-
pality within a "reasonable period" (usually two weeks).

1-06

7.35 PERMIT REVIEW PROCESS

A) The Application Form

A person seeking approval for a regulated activity must subm it a completed
'Application for Wetlands Alteration Perm it and Water Quality Certification'. This
application, adopted and periodically revised by the Board, establishes what specific
information is required of applicants in order for consideration of approval. For the
full application, see Appendix F3c.

Applicants m ust indicate the location of the proposed project on the appropriate
U.S.G.S. topographic map, and subn it it with both a sketch of the project and a scale
drawing of the coastal wetland to be affected (showing the project in detail, the land-
owner's property boundary lines, and low- and high-water marks). The appl icant m ust
describe: a) The present use of the wetland, b) The project, and c) The m easures which
will be taken to protect the surrounding area from any adverse effects of the project.

The application for project approval under-the Wetlands Alteration Law requests
information of the applicant which the Board deems necessary or desirable in order to
approve or deny a regulated activity. The burden of proof is on the applicant to
demonstrate that the proposed development will meet the criteria of the Wetlands Law.
An applicant having questions such as the degree of detail or the applicability of certain
questions in the application to a specific development is encouraged to seek guidance
from the Department of Environmental Protection staff prior to formal submission. In the
case of large developments, a pre-application conference between developer and staff
may be held to address these questions.

B) Application Processing Procedure

The following is a description of the application processing procedure followed by
the Department of Envirormental Protection's Land Bureau staff.

When an application is subm itted to the Department of Envirormnental Protection,
it is reviewed to determine if it is complete.

The Comm issioner of DEPmust, within 10 working days of receipt of an application,
notify applicants (a) of the official date on which the application was accepted, or (b) re-
turn the application to the applicant specifying in writing the reasons for returning the
application. (SH 344.3)

In order to make the necessary conclusions that a project meets these criteria, the
Act, in Section 481, provides for consultation between appropriate state agencies and the
Department of Environmental Protection. Those agencies within the state having jurisdiction
or regulations which may pertain to wetland projects and which address one or more of the
above criteria are considered "review agencies".

In order to solicit reviews, the completed application is summarized and sent
along with copies of the exhibits to appropriate review agencies. Those state agencies

most commonly receiving review materials are listed in the following chart, along with =
their regulations or jurisdictions and the criteria which they address.

A visit to the site is made by a Department ofMarine Resources staffmember,
and perhaps representatives of the Deparlment of Inland Fisheries & Wildlife or the
Soil and Water Conservation Comm ission.

C. The Review Criteria

The following discussion is a guide to understanding how the Wetlands
Alteration criteria are supplied in reviewing complete applications. It describes
in more detail the information contained in the following chart. The questions
in the application which most commonly pertain to each criterion are identified.
Also included is a description of any review agencies, and their standards, which
may be asked to review the application.

The Proposed Activity Will Not Unreasonably InterfereWith Existing Recreational And
Navigational Uses...

Questions in the application regarding this criterion include: project description
(1); length of shoreline owned (3) and nature of shoreline (4); physical dimensions of pro-
ject (6); present use of wetland (7) and adjacent wetland (8); site plan (10); proposed
measures to protect surrounding area from adverse in pact (11 ); description of any related
projects (12); dredging, filling, and deposition of material (13 and 14).

Review agencies include the U.S. Army Corps of Engineers, which charts, cate-
gorizes, and maintains navigation channels in the state's tidal waters. The U.S. Coast
Guard may also supply comment on a proposals probable effect on navigational uses.
Municipalities and private individuals, whose comments are solicited as an application
requirement, may provide evidence of possible interference of a project to navigational
use and/or recreational use.

Within the Department of Conservation, the Bureau of Parks and Recreation,which
owns recreational lands along the coast including boat launching sites, may comment on
proposals impacting these lands or the recreational and navigational activities associated
with them . M unicipalities owning or maintaining public recreation or boat access facil-
ities may also serve to review wetlands proposals under this criteria. The'Recreation
Facilities and Activities' maps, part of the Maine Coastal Inventory, provide the DEP
with additional infornation concerning existing recreation use in coastal wetlands.

The Department of Transportation, Bureau of Waterways reviews Wetland applica-
tions which may cause interference with state ferry service routes. The Bureau is also
responsible for comprehensive plans and surveys for the use of port facilities, which may
additionally aid in reviewing navigational im pacts.
*Numbers relate to question numbers in the permit application (see Appendix F3c).

STANDARDS FOR REVIEW O F WETLANDS LAW APPLICATIO NS IN

ACCORDANCE WITH REVIEW CRITERIA

Wetlands Law Criteria Review Agency Stnndards

The proposed activity Department of Trans- State Ferry Routes
will not unreasonably portation - Bureau of Port Plans and Surveys
interfere with existing Waterways
recreational or naviga-
tional uses.

Department of Management Plans for
Conservation - State Park Holdings
Bureau of Parks
and 'Recreation

Executive Department - Recreation Facilities
State Planning Office and Activities
Inventory Maps

The proposed activity Department of 'Environmental Quality
will not cause unrea- Agriculture - Handbook' for Erosion
sonable soil erosion. Soil and Water and Sediment Control
Conservation Com-
mission
The proposed activity Department of Data on Species
will not unreasonably Marine Resources Requirements Related
interfere with the (DMR) - to Water Flow and
natural flow of any Division of Marine Flushing Rates
waters Research

Department of Inland Data on Species
Fisheries & Wildlife - Requirements Related
Fisheries Division to Water Flow and
Flushing Rates

The proposed activity DMR - Species Management
will not unreasonably Division of Marine Plans
harm wildlife or fresh- Research
water, estuarine, or
marine fisheries.

Department of Inland Wetlands Inventory
Fisheries & Wildlife

Executive Department- Fish and Wildlife
State Planning Office Coastal Inventory
Maps

The proposed activity will Department of Water Classification
not lower the quality of Environmental Standards: Tidal
any waters Protection - or Marine Waters
Bureau of Water
Quality Control

109

This criterion's major applicability rests in proposals where structures may extend
out into waters deep enough to interfere with recreation or navigation, such as warfs or
docks; and structures proposed along shore which may block recreational access to the
water. In cases where it appears that a proposal may affect recreation or navigation, the
DEP Land Bureau staff must ascertain, through review agencies or study, to what extent
the affected area is utilized for these activities.

The degree to which an affected wetland is presently utilized for recreation or
navigation, the extent of interference on these activities im posed by a proposed activity,
and the practicality of m inim izing any interference (through design alteration or better
location, for exam pie), are im portant considerations when reviewing a wetlands proposal
under this criterion.

The Proposed Activity Will Not Cause Unreasonable Soil Erosion...

Questions pertaining to this criterion in the application include: the project des-
cription (1), nature of shoreline (4), power equipment to be used in construction (9), site
plan (10), measures to prevent adverse impacts (11), extent of dredging and filling, loca-
tion of the high and low watermark in relation to the project, and the extent of earth
moving and earth stabilization measures proposed. Altered shoreline or fill subject to
wave action may be highly erodible unless properly and quickly stabilized.

The'Envirornmental Quality Handbook' for erosion and sediment control inMaine
depicts methods and techniques for the control of non-agricultural erosion and sedimenta-
tion. This publication is distributed by several state agencies, including the DEP, which
recommends its use by anyone proposing a wetland activity likely to cause erosion
potential. This handbook is also used by the DEP Land Bureau staff in reviewing
the adequacy of proposed erosion control provisions in an application.;:Prospective appli-
cants may receive guidance in the use of the Handbook from the district Soil Conservation
Service Office, theMaine Soil and Water Conservation Conm ission, or from the DEP Land
Bureau staff. These are the same agencies which normally review complete applications
for erosion control measure adequacy.

The Department of Marine Resources and Department of Inland Fisheries and
Wildlife review the applications in order to assess the potential adverse impacts on marine
and wildlife in wetland areas caused by erosion and sedimentation from the proposed pro-
ject.

The Board of Environmental Protection recently adopted a policy whereby wetland
applications for the approval of new seawalls will generally not be approved since such
structures promote erosion ofm aterials seaward of the wall,' in most cases.

The Proposed Activity Will Not Unreasonably Interfere With The Natural Flow Of Any i
Waters...

Questions in the application dealing with this criterion include: project descrip-
tion (1), shoreline owned by applicant (3), and nature of shoreline (4), physical dinen-

sions of project (6), present use of wetland and adjacent wetland (7 and 8), provisions
for preventing adverse impact from the surrounding area (11), dredging, filling and loca-
tion for deposition (13 and 14).

Key aspects of a project considered by review agencies under this criterion are
the projects dimensions and intrusion beyond the low water line, orientation of structure
with respect to direction of flow, extent of flow, probable effects on shoreline, wetland
bottom, and wetland biota or habitat.

In its adcn inistration of the wetlands law and consultation with the various review
agencies, the DEP Land Bureau staff and the Board recognize that certain types of struc-
tures located in wetlands interfere less with the natural flow of waters than others.
Exm6ples include wharves on pilings as opposed to solid fill, and a preference for rip rap
over sea walls for shoreline stabilization.

The location of solid structures such as piers or bulkheads along the shoreline owned
by the applicant to m inim ize water flow interference is common review consideration under
this criterion, particularly if the interference will affect nearby fisheries or wildlife.

The Department of Marine Resources and Department of Inland Fisheries and Wild-
life biologists review proposals to aid the DEP in identifying potential adverse impacts on
fish and wildlife habitat or populations caused by potential interference of water flow and
flushing rates.

The Proposed Activity Will Not Unreasonably Harm Wildlife Or Freshwater, Estuarine Or
Marine Fisheries...

Information in the completed application dealing with: project description (1),
length of shoreline owned by applicant (3), nature of shoreline (4), physical dim ensions of
project (6), present use of the wetland and adjacent wetland (7 and 8), site plan specifi-
cations (1 0), provisions for preventing adverse impact (11), extent of proposed dredging,
filling, and location for deposition of dredged material (13 and 14), is used in reviewing a
proposal's probable impact on fisheries and wildlife.

Key review agencies consulting with the DEP regarding this criterion include the
Department ofMarine Resources and the Department of Inland Fisheries & Wildlife.

Department of Marine Resources coastal wardens and biologists utilize on-site
inspections of proposal sites, professional fisheries expertise, species management plans,
and local knowledge of wetland productivity to aid the DEP in assessing probable biologi-
cal and econom ical impacts of an activity on marine or estaurine fisheries.

The Department of Inland Fisheries and Wildlife maintains a wetlands inventory
which identifies intertidal wetlands of importance to waterfowl.

By way of agreement between the DEP and the State Planning Office (Appendix
12d), coastal inventory maps depicting areas and waters of im portance to specific fish and
wildlife species, assist the DEP in'their review of applications under this criterion.

In evaluating a proposal under this criterion, the BEP utilizes the information in
the application, review agency comm ents, and publi c comm ents.

In general, structures placed on rocky bottoms pose less threat to fisheries, such
as clams, than do structures placed on marine sediments. Structures on pilings as opposed
to rock-filled cribs tend to destroy less productive bottom habitat. The damm ing of an
embayment to create a natural lobster pound may prevent access to producive clam or worm
habitat; however, -a regular schedule of drawdown may provide reasonable access for har-
vesting.

In considering action on a proposal, the Board utilizes the information gathered
to find whether the proposal presents any threat to fish or wildlife, and if so, whether
or not such threat can be avoided through reasonable alterations in the proposal such as
m inor relocation or design alterations, enforced through penm it conditions.

The Proposed Activity Will Not Lower The Water Quality Of Any Waters

Questions in the application dealing with this criterion generally include:
description of the project (1), and whether or not a waste discharge liscense from the
Department of Enviroimental Protection, is required (5).

For most proposed activities, determ ination of whether or not a proposal will lower
the quality of any waters is determ ined by consulting the Classification Standards for
Marine or Tidal Waters, acm inistered by the DEP Bureau of Water Quality Contro . These
standards identify substances whose discharge into waters is controlled by the State in
accordance with water quality classifications.

If the applicant for a Wetlands Alteration perm it has already received a Waste
Discharge liscense, this fact ordinarily proves compliance with this criterion. If a Waste
Discharge liscense is denied for a project, it cannot meet this review criterion of the
Wetlands Law.

Applications subn itted simultaneously for Wetlands and Waste Discharge approval
will be processed simultaneously by the two DEP Bureaus, and if approved, will normally
be conditioned upon reciprocal approval. Additionally, if the need for a Waste Discharge
liscense has not been deternm ined by the applicant for a Wetlands permnit, the Bureau of
Water Quality Control, acting as a review agency, will do so, and if one is required,
notify the applicant. (Section 7.2 describesMarine Water Quality Standards.)

'.1., ~ ~ ~ ~ ~ ~

D. Project Evaluation

The staff of the DEP Land Bureau performs the final evaluation of a project once
all solicited reviews have been received from the review agencies.

Reviews are studied and, along with any findings by Land Bureau staff, are linked
with the appropriate review criteria. In order for any proposal to be approved, it must be
found to satisfy all the review criteria specified in the Wetlands Alteration Law.

The Board frequently includes in the Board Order approving the application
special conditions designed to insure reasonable compliance with site aooroval
criteria.

E. Final Action

Within 30 days after receipt of an application, the BEP, the DEP, or the municipal-
ity must either issue or deny the perm it, or order that a public hearing be held within 30
days of the order. If a public hearing is held, the permitmust be issued or denied within
30 days after adjourrment of the hearing. An applicantmay request a public hearing.

A perm it issued by the BEP is effective on the date of approval, while a perm it
issued by a m unicipal ity does not become effective until 30 days after issuance. Immediate-
ly after issuance of a pemnn it by a m unicipality, a copy of the application for the perm it and
the permnn it issued m ust be sent to the BEP. The BEPmay then review the penn it and either
approve, deny, or modify it. Failure of the BEP to act within 30 days of receipt of the
perm it from the municipality constitutes effective approval of the perm it.

F. Appeal

If a permit is denied, the applicant may request a hearing by the Board ormunici-
pality. An average of perhaps half a dozen applications are appealed annually, and
perhaps one of those may be reversed.

Within 10 days of the applicant's receipt of the final Board decision, anyone
who is aggrieved by the decision may petition the BEP for an opportunity to present new
or additional evidence which may result in reconsideration of the conditions of approval
or of denial. The BEP may, within 30 days of receipt of such petition and after appro-
priate notice, grant the petition in full or in part, order a public hearing, or dismiss the
petition. M unicipalities which handle an appl ication may handle appeals in the same
manner as does the BEP.

Anyone aggrieved by any order or decision of the Board orm unicipality in regard a
to any matter upon which there was a hearing before the Board or municipality and of
which a transcript is available, may, within 30 days after notice of the filing of such
order or decision, appeal to the Superior Court. The court's review is lim ited to questions
of law and to whether the Board or municipal ity acted regularly and within the scope of
its authority. The decision of the Board ormunicipality is final so long as supported by
substantial evidence. The court may affirm, reverse, or remand the decision of the Board
ormunicipality for further proceedings.

G. Violations

Any filling, dredging, depositing, altering, or erecting of permanent structures
which takes place on tidal or subtidal land without a perm it or contrary to the provisions
of a penn it is a violation of the law and is subject to a fine of not more than $500 for
each day of violation, regardless of whether or not the violation was unintentional. In
the event of a violation, the Attorney General may institute proceedings to prevent fur-
ther violation and to compel restoration of the affected area to its prior condition. Rest-
oration in the past has primnarily involved removal of fill and subsequent stabilization of
the area.

Enforcement of the regulations in the law can be carried out by all law enforce-
ment officers under a formal cooperative agreement with the DEP. This is primarily done
by the Department ofMarine Resources (DM R) coastal wardens, and to a lesser extent by
Departm ent of Inland Fisheries and Wildlife wardens.

7.4 SHORELAND ZONING ACT

7.41 SUMMARY

Generally known as Shoreland Zoning, the Mandatory Zoning and Subdivision
Control Act is one of the most effective tools Maine has to control land uses that
may adversely affect the waters of the State. (The full text of the Act is contained
in Appendix F4a.)

As stated in the legislation, the purpose of the Act is:

"To aid in the fulfillment of the state's role as trustee of
its waters and to promote public health, safety, and
the general welfare, it is declared to be in the public
interest that shoreland areas defined as those land areas,
any part of which are within 250 feet of the normal high
water mark of any navigable pond, lake, river or salt
water body be subjected to zoning and subdivision controls.
The purposes of such controls shall be to further the main-
tenance of safe and healthful conditions; prevent and con-
trol water pollution; protect spawning grounds, fish, aquatic
life, bird and other wildlife habitat; control building sites,
placement of structures and land uses; and conserve shore
cover, visual as well as actual points of access to inland
and coastal waters and natural beauty." (12 M.R.S.A.,
S 4811)

All cities and towns, with the exception of a few unorganized towns in LURC
jurisdiction, in the coastal area have Shoreland- Zoning ordinances. The ordinances
must, by law, meet minimal acceptable standards which include provisions that re-
late to:

- the protection and enhancement of water quality and the aesthetics
of water bodies;
- the protection of shoreland areas from erosion;
- the protection and preservation of indigenous shoreland vegetation
and wildlife;
- the protection of development in flood plain areas from flood hazards; and
- the protection of points of access to water bodies.

In most coastal communities, ordinances follow Guidelines suggested by the
State and in all cases must be judged to be equally effective, even if they differ in
format. (See Appendix F4b for "State of Maine Guidelines for Municipal Shoreland
Zoning Ordinances. ") Thus, most ordinances contain three districts and establish

115

what uses are permitted in each. While an oversimplification, the table below de-
scribes the basic relationships between districts, areas, and permitted uses.

District Area Where Applied General Use

Resource Protection Wetlands, steep slopes, No residential, commercial,
flood plains or industrial structures

Limited Recreational- Land not in other two Mix of uses, including forestry,
Residential districts agriculture, and residential dwel-
ling units set back at least 75 feet

General Development Areas devoted to or suitable Mix of development uses with
for intensive development no required setback

In communities where this form of ordinance is not in force,other equally effective
shoreland regulations have been adopted to assure compliance with the law. In those
few cases where a municipality has not adopted Shoreland Zoning, a state Imposition
Ordinance is in effect. Under state imposed ordinances, all shoreland areas are zoned
by the State in conformance with the above-mentioned districts.

Each coastal town is responsible for administering and enforcing its own shoreland
ordinance. Guidance is provided as mandated by the law, by the Department of Environ-
mental Protection (DEP) and the Land Use Regulation Commission (LURC), under the ad-
ministrative direction of the State Planning Office (SPO). Technical assistance is also
provided by the Regional Planning Commissions (RPCs) but is not required by law.

7.42 HISTORY OF THE SHORELAND ZONING ACT

The Shoreland Zoning Act was introduced to the 1 05th Legislature in 1971 as
an act that could help maintain water quality and guide development growth on Maine's
lakes, coast, and major rivers.

At that time, large. sums of money were being spent to clean up polluted rivers,
yet little was being done to plan for thoughtful land use along these same rivers. Ironical-
ly, dirty water had discouraged shoreland development, and, although the clean-up
might reverse this trend, towns were ill-prepared to ensure that new development would
not contribute more pollution. Furthermore, the building and second-home booms of
the late sixties had resulted in accelerated, uncontrolled shoreland development.

116

The original Act of 1971 passed and required organized municipalities to
establish zoning controls on all navigable lakes, rivers and streams, and ocean
frontage by July 1, 1973. However, no funding was appropriated and the deadline
proved unrealistic. Few municipalities complied, and of those that did, many enacted
weak or inadequate ordinances. The Act failed to assign clear State responsibilities,
did not clearly define what water bodies should be zoned, and provided no funds for
public education or implementation.

In recognition of these initial shortcomings, further legislation was enacted
in 1973. On June 23rd of that year, Public Law 424, AN ACT to Extend the Dead-
line for Mandatory Shoreland Zoning, was enacted as an emergency measure by the
106th Legislature. The Act gave municipalities an additional year to enact shore-
land zoning ordinances and made the following provisions (among others):

1. Assigned the State Planning Office the role of administering and
coordinating the Act under the guidance of the Board of Environ-
mental Protection and the Land Use Regulation Commission.

2. Directed the State to adopt shoreland zoning Guidelines* to assist
municipalities.

3. Directed the State Planning Office to list those rivers subject to
shoreland controls.

4. Directed the Board of Environmental Protection and the Land Use
Regulation Commission to adopt ordinances for those municipalities
that failed to enact their own.

5. Directed the Attorney General to institute legal action if a munici-
pality failed to administer or enforce its ordinance.

An initial draft of model Guidelines, in the form of a shoreland ordinance, (which
a municipality could adopt directly or, preferably, revise and hone to best fit local
conditions and needs) was released by a BEP-LURC Shoreland Zoning Task Force on
October 23, 1973. This was followed by five (5) public hearings. The Guidelines
were then finalized and adopted, as required by law, by the Board of Environmental
Protection and the Land Use Regulation Commission before the statutory deadline of
mid-December, 1973.

The Guidelines provided a base on which to work towards local ordinances.
In addition, the 106th Legislature appropriated $15,000 to hire a full-time shoreland
zoning coordinator and prepare technical materials for distribution to the towns and
regional planning commissions. No State funds were directly appropriated for shore-
land related work by the Regional Planning Commissions. Nevertheless, they did

* For full text of the "State of Maine Guidelines for Municipal Shoreland Zoning
Ordinances, " see Appendix F4b.

117

provide considerable technical assistance to the towns, using, in part, monies pro-
vided by the State for technical services.

At the municipal level, substantial work was required of concerned citizens,
planning boards, selectmen and others, to assure the development of a reasonable
ordinance. Generally, each municipality had to go through the Following steps:

I. Designate a responsible group to develop an ordinance; this was
generally a local planning board;

2. Determine an approach;

3. Obtain a base map;

4. Collect data and information;

5. Establish land use districts and boundaries;

6. Prepare an ordinance, map, and text;

7. Hold public information meeting(s);

8. Finalize the shoreland zoning map and ordinance;

9. Enact the ordinance at an Annual or Special Town meeting, or by the
Town or City Council.

Thus, each municipal planning group had to inventory land and water resources within
250 feet of the normal high water mark, determine the degree of protection required,
and designate districts in accordance with the Act and the State's minimum Guidelines.
Public meetings assured citizen participation within the process of developing the final
ordinance.

By August 6, 1974, approximately 68% of the communities in the coastal area
had enacted a shoreland zoning ordinance, or a general zoning ordinance with shore-
land protection provisions. A State Imposition Ordinance was imposed on those towns
without ordinances.

Adopted by the Board and Commission, the Imposition Ordinance acted as a
temporary one-year moratorium and involved placing all unzoned shoreland in a
Resource Protection District according to the text of the State Guidelines Ordinance.

Between August 7, 1974, and August 7, 1975, 24 Imposition Ordinances in
the coastal area were repealed. Those coastal towns that failed to achieve an
effective ordinance after the one-year moratorium have had a Final Shoreland
Ordinance imposed on them by the State. These ordinances consist of the State
Guideline Ordinance with the districts tailored to fit the shoreland characteristics

and resources of the town. The establishment of three districts - Resource Protection,
Limited Residential,/Recreation,and General Development - was preceded by special
meetings with town officials to determine the accuracy and relevance of the various
zones.

Status of Shoreland Zoning Ordinances in Coastal Towns

Total minor civil divisions in coastal area 142

Total Unorganized towns in LURC jurisdiction* 11

Total organized towns in coastal area 131 100%

Organized towns with acceptable Shoreland Ordinance 89 68%
in August, 1974

Organized towns with acceptable self-imposed and adopted 110 84%
Shoreland Ordinances in April, 1977

Organized towns with State imposed Shoreland Ordinance in 18 14%
April, 1977

Organized towns with partial State-imposed Shoreland 3 2%
Ordinance in April, 1977

* Towns in LURC jurisdiction have equivalent or better shoreland zoning controls in
shoreland areas under the agency's "Land Use Districts and Standards. " (For more
information, see Section 7.5 and Appendix F5b - F5c.)

The Maine Shoreland Zoning Act has thus been substantially implemented as
envisioned. Controls to guide and direct growth of development in shoreland areas are
in place and no legal challenges have been forthcoming. Nonetheless, some problems
remain concerning the effective implementation of individual ordinances. Basically,
those problems include:

1. Inadequate funds for technical assistance to the towns.

2. Increased fiscal and administrative responsibility for under-staffed
municipalities with limited funds.

3. Misconceptions about the law.

4. Lack of enforcement.

5. Poorly constructed ordinances and maps.

119

As can be discerned in this brief history, the Shoreland Zoning Act has gained strength
over a six-year period, despite its technical nature and a lack of funding for adminis- i
tration, enforcement, scientific research, and educational programs.

Maine's Coastal Program embraces the Act in its current form, yet seeks to
improve on its usefulness through coastal zone funds which can help resolve some of
the problems identified above. (See Section 8.)

7.43 USES AND AREAS REGULATED BY THE SHORELAND ZONING ACT

The extent to which land uses are regulated by Shoreland Zoning varies to
some degree from town to town. All towns, however, are required to uphold minimum
land use regulations modeled or copied from those contained in the State's "Guide-
lines for Municipal Shoreland Zoning Ordinances." (See Appendix F4b and the Summary
described later on in this section.)

The land areas regulated by Shoreland Zoning are described in the Act as:
".. . land within 250 feet of the normal high water mark of any pond, river, or
salt water body . .."

The normal high water mark of coastal waters is that line on the shore of
tidal waters reached by the shoreward limit of the rise of the medium tides between
the spring and the neap. The normal high water mark of inland waters is the line
on the shores and banks of nontidal waters which is apparent because of the contiguous
different character of the soil or the vegetation due to prolonged action of the water.
Ponds are defined as bodies of water of more than 10 acres. (An exception is made for
man-made ponds in single-ownership.) A river is defined as "any free-flowing body
of water from that point at which it provides drainage For a watershed of 25 square
miles to its mouth." However, areas within 250 feet of rivers with less than a 25
square mile watershed drainage may be zoned, under this Act, at the local communities'
option.

The Act allows this 250-foot band to be expanded, at the discretion of towns,
in order to protect the public health, safety, and welfare and to avoid problems
associated with flood plain development. Further, it states that the area "not extend
beyond an area greater than that necessary to comply with the requirements of the
Federal Flood Insurance Program."

The Act requires that land areas designated as shoreland zoning areas be sub-
ject to controls to assure safe conditions and water quality, protect spawning grounds,
fish, aquatic life, bird and other wildlife habitat, and conserve shore cover, visual and
physical access to the water and natural beauty.

120

Obviously, land conditions in the shoreland zone vary considerably. However,
each town's shoreland ordinance designates which land areas require most protection
and which require least. Typically, this results in the designation of three "districts":
Resource Protection, Limited Residential/Recreational,and General Development.
The diagrammatic sketches on the following page illustrate how the districts are
applied. The extent of each district is discussed below.

Resource Protection District

The State's shoreland Guidelines require that the Resource Protection District
(or its equivalent) include all: . . . "areas in which development would adversely
affect water quality, productive habitat, biotic systems, or scenic and natural
values. " The Guidelines require that this district include:

1. "Inland or coastal wetlands as defined in Section 13, and specifically
areas rated as moderate to high-value waterfowl areas by the De-
partment of Inland Fisheries and Wildlife, as of January 1, 1973."

2. "Flood plains as defined by the I 00-year flood or the flood of record
or, in the absence of these, by soil types identifiable as recent
flood plain soils."

3. "Areas having sustained slopes greater than 25%, or unstable soil
subject to slumping, mass movement, or severe erosion, when these
areas are two acres or more in size."

It is also suggested that this District include:

4. Other significant wildlife habitat.

5. Natural sites of significant scenic or aesthetic value.

6. Areas designated by Federal, State, or municipal governments as natural
areas of significance to be protected from development; and

7. Other significant areas which should be included in this district to
fulfill the purposes of this Ordinance.

General Development District

The "Guidelines" require that the General Development District include the
following types of areas:

1. Areas of two acres or more devoted to intensive residential, recreational,
commercial, or industrial activities or combinations of such activities,
including, but not limited to:

a. Transportation rights of way;
b. Communication and utility rights of way;
121

District Areas to which it Ghould be applied

Resource Protection -.vetlands, steep slopes, flood plains

Umnited flsdn~lRce~nJ-Land ,which may be suitable rcr dv metand
Whic~h'doesn't fall into the othier t.~

General Development -areas devoted to intensive uet~ani--;tcn or da_
Velopment
Example /il

Physical Conditions j Zoning

Elimited residential
~weiland resoure protac--o
village ~ ~ ~ ~ ~ ~ ~ ~ general.
development,

teep
.~~~~~~~~~~~~~~P -34
poor 4-4-

- N wtands

Example M~~~~~~~~~~~unicipalities could place all shoreland aaa into one

oll these, three districts, as shown-

~~~~~~~~~~~~~~~~~~~~~~. . .... ....

flood plain riv-e- Steep slope prlaeau

_______250 ft. -,ra 2 50 ft._____

RESOURCE RESOURCE LIMITED
PROTECTION PROTECTION RESIDENTIAL
RECREATIONAL

122

d. Areas devoted to: manufacturing, fabricating, wholesaling, ware-
housing or other commercial activities;
e. Areas devoted to retail trade and service activities;
f. Areas devoted to intensive recreational development and activities;
g. Areas devoted to residential dwelling units at a density of 3 or
more per two acres;
h. Areas devoted to mixed or combined patterns of a through g above.

2. Areas otherwise discernable as having patterns of intensive residential,
recreational, commercial, or industrial uses.

Thus, towns are mandated to include these areas. It is probable that a number of towns
have included undeveloped areas adjacent to these areas to allow for future growth.

Limited Residential-Recreational District

The Limited Residential-Recreational District includes areas other than those
included in the Resource Protection District which are used less intensively than those
included in the General Development District.
Land Use Activities Regulated in Each District
Most land uses proposed in any one of the three districts above are subject to
controls, if allowed. It would be an extensive task to specify precisely what uses are
permitted in any one district without referring to individual town ordinances. However,
the State's minimum Guidelines do provide an overview of how different uses are con-
trolled. The table on the next page is extracted from the Guidelines. Basically, it
prohibits all residential, commercial, or industrial structures and private sewage dis-
posal systems in Resource Protection Districts. Furthermore, it requires that certain
uses (shown on the table marked with asterisk) be subject to land use standards or
performance criteria. The Standards in the Guidelines are summarized briefly below:

A. Agriculture: requires manure spreading and disposal to follow
specified guidelines and that no tilling occur within 50 feet of
the normal high water mark.

B. Beach Construction: requires permit from DEP.

C. Campgrounds: 75-foot setback required for the placement of all
recreational vehicles, and 5,000 sq. ft. each vehicle.

D. Clearing: no more than 30 feet every 100 feet of shoreline can be
cleared within 50 feet of the water.

E. Erosion and Sedimentation Control: to be accomplished to maximum
extent possible to reduce soil erosion and sedimentation.

F. Mineral Exploration: permit required for actions that require more than
minimal ground disturbance.

123

LAND USE CHART

KEY: Yes - Allowed (no permit required)
No - Prohibited
BP Permit - Requires permit issued by the Planning Board
CEO Permit - Requires permit from Code Enforcement Officer
* - Subject to specific Land Use Standards, Section II

DISTRICT

Resource Limited General
Land Uses Protections Residential- Development
Recreational

1. Non-intensive recreational uses
not requiring structures, such as
hunting, fishing and hiking yes yes yes
2. Motorized vehicular traffic on
roads and trails, and snowmobiling yes yes yes
3. Forest management activities
except for timber harvesting yes yes yes
4. Timber harvesting - CEO permit yes yes
5. Fire prevention activities yes yes yes
6. Wildlife management practices yes yes yes
7. Soil & water conservation practices yes yes yes
8. Mineral exploration * yes yes yes
9. Surveying and Resource analysis yes yes yes
10. Emergency operations as def:ned yes yes yes
11. Harvesting of wild crops yes yes yes
12. Agriculture * PB permit yes yes
13. Principal structures *
Residential dwelling units no PB permit PB permit
Commercial structures no no PB permit
Industrial structures no no PB permit
14. Structures accessory to permitted
uses CEO permit CEO permit yes
15. Road construction * PB permit yes yes
16. Small non-residential facilities
for educational, scientific or nature
interpretation purposes PB permit yes yes
17. Public and private parks and
recreation areas involving minimal
structural development PB permit yes yes
18. Campgrounds no PB permit PB permit
19. Piers, docks, wharves, breakwaters,
causeways, marinas, bridges over 20 ft.
in length, and uses projecting into water
bodies.
Temporary CEO permit CEO permit CEO permit
Permanent PB permit PB permit PB permit
20. Clearing for approved construction CEO permit yes yes
21. Essential services accessory to
permitted uses yes yes yes
22. Private sewage disposal systems no CEO permit CEO permit
23. Public utilities, including sewage
collection & treatment facilities PB permit PB permit PB permit
24. Signs * yes yes yes
25. Filling or other earth-moving
activity of less than 10 cubic yds CEO permit yes yes
26. Filling or other earth-moving
activity of more than 10 cubic yds PB permit CEO permit CEO permi*
27. Uses similar to permitted uses CEO permit CEO permit CEO permit
28. Uses similar to uses requiring
a CEO permit CEO permit CEO permit CEO permit
29. Uses similar to uses requiring a
PB permit PB permit PB permit PB permit

124

G. Piers, docks, wharves, breakwaters, causeways, marinas, bridges over
20 feet long and uses projecting into water bodies:

1. Access from shore shall be on appropriate soil.

2. The location shall not interfere with beach areas.

3. Adverse effects on fisheries should be minimized.

H. Residential Lots:

o Minimum lot size (without sanitary sewer) 20,000 square feet;

o Minimum shore frontage: 100 feet; Maximum building coverage 20%;

o These same minimum requirements must be met for each additional
dwelling unit.

I. Road Construction: roads are to be constructed so that minimal erosion results,
at least in conformance with standards specified in a U.S.D.A. Logging
Road publication. Further, watercourse crossings should be minimized and
exposed mineral soil revegetated or stabilized.

J. Sanitary Standards: subsurface disposal systems must be located on suitable
soils, as determined by a State licensed soil investigator. The State
Plumbing Code requirements must be met and facilities must be set back
at least 100 feet from the high water mark.

K. Signs: limits location, size, and number of signs in Resource Protection
and Limited Residential-Recreational Districts.

L. Soil: land uses shall be located on soils without causing adverse en-
vironmental impacts, including severe erosion and mass soil movement.

M. Structures:
1. All principal structures in Resource Protection or Limited Residential-
Recreational Districts shall be set back 75 feet from the normal high
water mark.

2. First floor level shall be at least two feet above the I00-year flood
elevation.

N. Timber Harvesting:

1. No substantial accumulation of slash is to be left within 50 feet of
the high water mark.

125

2. A filter strip of vegetation must be left between skid trails and
the water.

3. Harvesting shall be conducted so as to leave well-distributed
tree stands.

4. No single harvesting activity shall create an opening of greater
than 7,500 square feet in the forest canopy.

5. No more than 40% of the volume of trees shall be removed in
any 10-year period.

O. Water Quality Protection: no activity shall discharge any liquid or
material that is harmful to human, animal, plant, or aquatic life.

7.44 HOW SHORELAND ZONING IS ADMINISTERED AND ENFORCED

STATE ADMINISTRATION AND ENFORCEMENT RESPONSIBILITIES

The Act states: "Cities and towns pursuant to presently existing enabling |
legislation are authorized to plan, zone, and control the subdivision of land." (12
M.R.S.A. i 4812) Section 4813 gives the Department of Environmental Protection
and the Land Use Regulation Commission power to adopt suitable ordinances, fol-
lowing consultation with the State Planning Office, for those municipalities that
fail to meet the requirements of the Act, and requires the municipalities to administer
and enforce the State imposed ordinance.

The role of the DEP, LURC, and SPO is that of ensuring that the objectives
of the law are met. The State Planning Office is responsible for coordinating the
efforts'of the Board of Environmental Protection and the Land Use Regulation Com-
\mission and ensuring that municipalities and all state agencies mutually cooperate to
accomplish the purposes of the Act.

The Act requires towns to submit their shoreland ordinances to the State Plan-
ning Office for review for conformance with the laws. In practice, this administration
procedure has worked well, and despite inadequate funding, both the State Planning
Office (with assistance from the Regional Planning Commissions) have helped the coastal
towns achieve reasonable shoreland ordinances. Nonetheless, there is still more to
be done as many ordinances should be strengthened and refined.

The Act makes provision for ensuring that municipalities enforce their ordinances: j

"If a municipality fails to administer and enforce zoning ordinances
adopted by it or the State, pursuant to the requirements of this

126

H M 0:.N\D

*~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~e

B w 0 0!~~~~~~~~~~~~~~

D R

*~~~~~~~~~W ZONING MInef
Coastal Pr~~~~~~oga

127~~~~~~~~~~~~w

chapter, the Attorney General shall seek an order of the Superior
Court of the county in which the municipality lies requiring the
municipal officials to enforce such zoning ordinance. The At-
torney General shall be made a party to all civil and criminal
actions in which the pleadings challenge the legality of any
ordinance or portion thereof adopted pursuant to the guidelines
promulgated under section 4813." Title 12 � 4814.

LOCAL ADMINISTRATIVE AND ENFORCEMENT RESPONSIBILITIES

Every coastal town administers and enforces its own "Shoreland Ordinance."
Decision making typically rests with the Code Enforcement Officer, who is often the
Town Manager, or the Planning Board, depending on the permit required. (In some
towns the Board of Selectmen act as the Planning Board.) Appeals are generally
heard by a Board of Appeals appointed by the municipal officers.

PERMIT PROCEDURE

Each local shoreland ordinance lists which uses require a permit from the Code
Enforcement Officer or the Planning Board and, although exact submission requirements
may vary locally, applications must be submitted in writing. Additional information may
then be required to determine if the application conforms with the ordinance. Generall
action as to whether a permit has been approved, approved with conditions, or denied,
should occur within 60 days of receipt of a complete application. No permit can be
denied if it is in conformance with the provisions of the ordinance. The minimum Guide-
lines require that the Planning Board or Enforcement Officer find that the proposed use:

a. 'Will not result in unsafe or unhealthful conditions;

b. Will not result in erosion or sedimentation;

c. Will not result in water pollution;

d. Will not result in damage to spawning grounds, fish, aquatic life,
bird and other wildlife habitat;

eo Will conserve shoreland vegetation;

f. Will conserve visual points of access to waters as viewed from public
facilities;

g. Will conserve actual points of public access to waters;

h. Will conserve natural beauty;

i. Will avoid problems associated with flood plain development and use;
and

128

. Is in conformance with the (provisions of Section 11 ) Land Use Standards."

Local shoreland ordinances include provisions for variances. Should an
applicant wish to appeal a permit decision, a public notice and written notice~to
the Board of Appeals is required. The Board of Appeals is empowered to reverse a
decision of the Planning Board or Code Enforcement Officer if it was made contrary
to the provisions Of the ordinance. An appeal may be taken, within 30 days after
any Board of Appeals decision, by any party, to the Superior Court in accordance
with State law.

Any person found in violation of any provision of a local shoreland ordinance
may, after reasonable notice, be fined for each violation.

129

7.5 MAINE LAND USE REGULATION LA\W A

7.51 SUMMARY

In 1969 the 104th Maine Legislature created the Maine Land Use Regulation
Commission under M.R.S.A., Title 12, Chapter 206-A. The purpose was "....to
extend principles of sound planning, zoning, and subdivision control to the unorganized
and deorganized townships of the State...." (See Appendix F5a for full text of Act.)

The coastal area contains eight townships and three plantations in L.U R. C.
jurisdiction, including 116 coastal islands; all are subject to the provisions of the
L.U.R.C. Statute, the Commission's "Comprehensive Land Use Plan" and its Rules
and Regulations which include detailed "Land Use Districts and Standards."

The Land Use Regulation Commission's jurisdiction comprises about 5% of the
coastal area (see map over and Appendix F5b -F5c.)

A Commission consisting of seven public members appointed by the Governor
is charged with implementing the Land Use Regulation Law. The Commission staff is
headed by a director appointed by the Commissioner of the Department of Conservation;
the Land Use Regulation Commission is a division of the Department of Conservation.

Basically the Land Use Regulation Act instructs the Commission to:
prevent inappropriate development uses and to provide for appropriate uses; to prevent
despoilation and pollution; and to preserve ecological and natural values so as to en-
courage the well-planned use of land and resources.

The Commission responded to this broad charge by adopting interim regulations
and then, in the fall of 1976, by adopting a "Comprehensive Plan," which establishes
policies for guiding development in the Commission's jurisdiction and recommends per-
manent land use districts based on natural resource parameters; permanent "Land Use
Districts and Standards," which (together with official Land Use Maps) spell out how
districts are defined and designated and what land uses are permitted therein,were
adopted this year.

The table over summarizes the major policies of the Commission in the left
margin, lists the districts that are established to help achieve those policies, and
comments on the degree of development or protection required to achieve the policy W
objectives. There are eleven Protection subdistricts, three Management subdistricts,
and four Development subdistricts.

130

POLICY AND DISTRICT INTER-RELATIONSHIP

MAJOR POLICIES NEW DISTRICTS DEVELOPMENT POTENTIAL NEED FOR PROTECTION
PROTECTION
Limited development potential.
P-WL Wetland Most building restricted to Needs most protection hecause of
P-FP Flood Prone Shoreland and Great Pond hazards of flooding, erosion,
Protect the Natural P-SG Soils and Geology subdistricts sedimentation and potential harm
Resources P-RR Recreation to water quality, wildlife habi-
P-MA Mountain Area Other development regulated tat and special recreational
P-FW Fish and Wildlife resources
P-AR Aquifer Recharge Forestry operations permit
P-UA Unusual Area. required, unless performance
P-SL Shoreland standards are met
P-GP Great Pond
P-RP Resource Plan
MANAGEMENT
Support Multiple Land M-HP Highly Productive Forest and agricultural manage- Needs intermediate degree of
Use Management menl related development per- protection to ensure resource
mittlled continues to produce a sus-
tained yield
M-GN General Low Density residential dev-
elopment permitted on large
lots
All forest and agricultural man-
agement permitted
Maintain the Natural M-NC Natural Character Forest and agricultural man. Needs high degree of pro-
Character of Certain agement related development tection to ensure conserva-
Large Areas permitted lion of natural character

All other development limited
and regulated
DEVELOPMENT
Establish suitable D-GN General Any development permitted Needs least protection he-
patterns of develop- D-RS Residential within limits of district and cause only those sites most
ment and limits to D-CI Commercial/Industrial resource capability suitable for development
growth D-PD Planned Development will be so zoned

The Commission thus exerts considerable control over development within its
jurisdiction. Through zoning, development is guided away from fragile areas that -zre
unsuitable for construction and toward good soils and areas where existing building has
occurred. Most development uses require a permit and permits are issued only when a use
is judged suitable according to established standards and criteria. The Law provides
for amendments to the Commission's district boundaries and standards, and allows for
variances under certain conditions.

131

z~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ :......

- , ~~~~~~~~~~~~~~~ ~CDOA\STA\L AR EAS I NJ

LURC. JURISDICTION

4 tO~ Pew3,zs'

. ~~7.52 HISTORY OF THE LAND USE REGULATION LAWN

The Land Use Regulation Law was first introduced to the Maine Legislature
in 1 967, was psssed in 1969, and revised and expanded in scope during 'subsequent regu-
lar and special sessions of the legislature. It was only in 1971 that the Commission's
jurisdiction was expanded Vo include all of Maine's unorganized areas. At the
same time the legislation was changed to give the Commission power to delineate
districts,, to adopt and enforce interim land use standards, issue permits and to
adopt a Comprehensive Plan.

These issues occupied the Commission and its staff for the next four years.
Considerable mapping, data collection and analysis was undertaken, the whole
jurisdiction was interimly zoned on the basis of resource capabilities and existing
uses, and efforts to initiate the development of a full Comprehensive Plan and
permanent district standards and regulations were undertaken.

In 1973 during the 106th legislative-session the composition of the Commission
itselIf was changed. Public membership was expanded from faou r Governor appointees
to seven, and despite subsequent minor changes, this is the present (1977) make-up of
the Commission. The 106th also amended the Act by requiring that only three major
Land Use Districts be established: Protection Districts, Management Districts and
Development Districts.

At present all of the coastal area in Land Use Regulation's jurisdiction is
subject to Interim Land Use regulations as specified in Chapter II of the Commission's
Rules and Regulations.* (These will be in effect until March 1979, unless the
Commission speeds up its program for permanent districting.) The Interim regulations
(and the Permanent ones) are based on the three major Districts mentioned above.
The Act has thus not changed much in substance since 1973.

The Commission's Interim standards were the subject of public hearings in
1972 and later, prior to the establishment of any proposed interim land use district
boundaries, further public hearings were held in places convenient to persons affected
by the proposal. Furthermore' as'the Act requires the Commission to give written
notice (of proposed land use boundaries) to all owners directly affected by its zoning
decisions, all omners in the Land Use Regulation Commission's jurisdiction in the
coastal area have had full opportunity to comment on regulations affecting their lands.

*"Standards for Interim Land Use District Boundaries and Permitted Uses," (as adopted
and revised through June 27, 1 975).

133

The Commission's Comprehensive Plan, mandated by the legislature, was likewise the
subject of extensive public scrutiny and hearings during its drafting in 1 976. NineW
public hearings were held on the working draft and twenty-five hours of testimony was
heard. The adopted Plan, revised to reflect public concerns, was approved by Governor
Longley in September, 1976.

Between Siptember, 1976, and January, 1977, the Commission drafted its
permanent "Land Use Districts and Standards," made them available for public comment
through an extensive mailing and three public hearings, redrafted them, and voted to
adopt them on January 12, 1977.

The Commission has thus achieved the basic regulatory framework needed to
guide land use decisions in its jurisdiction. Its Plan and permanent regulations are
in place, as mandated by the Act; its future efforts will focus on mapping districts,
establishing regional offices to augment the head office in Augusta, and instituting
a'[one-stop" permit review process that will eliminate the duplication of permits.

7.53 USES AND AREAS REGULATED IN LAND USE REGULATION COMMISSION'S
JURISDICTION

All of the Land Use Regulation Commission's jurisdiction, and obviously all
L.U.R.C. jurisdiction in the coastal area, is classified into one of three major districts:
Protection, Management, and Development. This is mandated by Section 685-A, I1,
of the Act which further states:

"The Commission shallI enact regulations for determining boundaries
of each major type of district in accordance with the following
standards:

A. Protection districts: Areas where development would
jeopardize significant natural, recreational and historic
resources, including but not limited to flood plains, pre-
cipitous slopes, wildlife habitat and other areas critical
to the ecology of the region or State.
B. Management districts: Areas which are appropriate
for commercial forest product or agricultural uses and
for which plans for additional development are not pre-
sently formulated nor additional development anticipated.
C. Development districts: Areas discernible as having
patterns of intensive residential, recreational, commercial
or industrial use, or commercial removal of minerals or
other natural resources, and areas appropriate for desig-
nation as development districts when measured against
1 34

the purpose, intent and provisions of this chapter.
In addition to delineating the major district classifications listed,
the Commission may delineate such subclassifications as may be deemed
necessary and desirable to carry out the intent of this chapter."

Most "development" uses in the Land Use Regulation Commission's jurisdiction
require a permit and are subject to land use standards, however, the Act makes a sig-
nificant exception in Management Districts. Land use standards in this district may
not limit timber cutting, haul road construction or the erection of structures used pri-
marily for agricultural or commercial forest product purposes. Other uses that generally
do not require permits include the following: Primitive recreation uses, motorized
vehicle travel, fire prevention and forest management activities, mineral exploration,
surveying and emergency operations. Of course, the same use may require a permit
in one location and not in another, depending on what district it falls in.

Uses and areas in the coastal area, (in L.U.R.C.'s jurisdiction), are currently
subject to interim standards and districts; by May, 1979, they will be subject to per-
manent standards and districts. There are differences between the interim and perman-
ent regulations, however, the major differences relate to the delineation of subdistricts
and not to the manner in which uses are regulated. The table over shows that the new
(permanent) districts and subdistricts differ in that there are now subdistricts within the
major Development and Management classifications. The central column briefly describes
the extent of the subdistrict as is defined in the permanent regulations.

Within the Land Use Regulation Commission's overall jurisdiction it is estimated
that about 79% of the land is zoned Management, 19% Protection, and 2% Develop-
ment. Within the coastal area these figures should probably be revised so as to reflect
the large amount of shoreline that will be in a Protection district; hence a higher per-
centage of land in the coastal area is probably in a Protection category.

Use regulation within each subdistrict listed on the table over is best
summarized by the "Chart of Regulated Uses" that follows the table. The
chart is a guide; it serves to explain the full text of the most recent use
regulations and reasonably reflects how uses are regulated under the Com-
mission's interim regulations. Accurate interpretation of what is permitted
in each district or subdistrict can only be achieved by reference to the
Commission's offical documents, Chapters II and X of the Rules and Regula-
tions.

1.35

THE PERMLANENT LAND USE DISTRICTS AND THEIR INTERIM EQUIVALENTS

PERMANENT
DISTRICT -& SUBDISTRICT AREA COVERED INTERIM EQUIVALENT

PROTECTION DISTRICT

Aquifer (P-AR) Highly permeable soil and geologic-
areas that Connect to public ground-
water supplies

Flood Prone (P-FP) Areas wi thi n I100 year f lood p la In P2

Fish and Wildlife Significant fish spawning, deer P4
wintering and coastal nesting
islands

Great Poand (P-GP) Areas within 250' of ponds of + I0 P3/'PlIc
acres

Mountain Area (P-MA) Areas over 2700' or areas below with P6
certain high mountain cheracteristics

Resource Plan (P-RP) Area only identified by applicant pi

Recreation (P-RR) Significant trails, canoeing streams P7
and remote Fishing ponds

Soil and Geology (P-SG) Areas of + 1D acres with + 60% slope P5
or areas of unstable soil or- geology

Shorelond (P-SL) Areas 250 feet frans tidal or flowing P3/'PlO0
water$

Unusual (P-UA) Important historic, scenic, scientific, PS
and aesthetic areas

'A'etland (P-WI) Areas below hiq.h water, coastal and P9
inland wetlands of -t I10 acres

MANAGEMENT DISTRICT:

General (M-GN) Areas appropriate for forest or agri- Management (M)
cultural management not within M-HP
and M-NC areas

Highly Productive (M-HP) Prime or unique forest, food & Fiber lands Management (M)

Natural Character (M-NC) Areas of unusual natural or wilId character Managjement CM)
with opportunity for primitive recreation

DEVELOPMENT DISTRICT:

Commercial/Industrial (D-CI) Areas of 2 acres or more having Development (D)
existing commerceIa or industrial
structures

General (D-ON11) Other iqtensivafy developed areas Development (D)
not included in D-CI or D-RS areas

Planned Development (D-PD) Planned areas containing -1 50 Development (D)
residential acres or +50 ccmmercial/
industrial acres.

Piinit(D-RS) 4 or rnor~, -inc+,~ ramily residential Deve lopmer,~ (D)
unit- within a 5(,) foot raaius of
each other

-nc .resr nnd nub t.Fa o the mkI;u-sJ in tk,: Lun,.' Usa-uucto Cominnssion
1.k ic~icr: '$a~ji~csr,i Ir-,Qriss Lund~ L;,'ric., Po-Jec.dt'nitI'd-Ja.

13 6

SUMARY

CHART OF REGULATED USES

The following Chart of Regulated uses is to be used as a guide only in determining how the
various activities are to be regulated by Chapter X of these regulations; in the instance of conflicts
between the Chart and the text of Chapter X, the text of Chapter X shall prevail.

KEY TO CHART: Is the land use allowed in the particular subdistrict?

yes-allowed without a permit from the Commission.

stds-allowed without a permit from the Commission if in conformance with minimum
standards for the land use; in certain cases, permit required if use is proposed which is
not to be in conformance with the stadards for such use (see Section 10.17).

prmt-allowed only with a permit from the Commission.

sp.ex.-special exception; allowed as a special exception only in certain circumstances and upon
approval of Commission.

no-prohibited insofar as such use is inconsistent with the purposes of this Subdistrict;
(Subdistrict change may be obtained in some instances-see Section 10.08, Chapter X).

N/A-not applicable.

NOTE: The P-UA and P-RP Protection Subdistricts, and D-PD Development Subdistricts do not
appear on this chart because the special nature of the standards for such subdistricts make
them impossible to show in chart form.

137

CHART OF REGULATED USES (cont.)

Davelopment Management Protection
.6~~~~~~~~~~~~~~~~~

: ~~~~~~~~~~ ~~a x

Activities D-cI D-GN D-RS M-GN M-H-P M-NC P-AR P-FP P-FWt P-GP P-MA P-BR P-SG P-SL P-WIL

A. Non-intensive Activities
1. Primitive recreation, motorized traffic and
snowmobiling, wild-life and fishery manage-
ment activities, mineral exploration, non- 2
permanent dlocks, emergency uses. yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes
2.Frs aaeetecuing.tme aret yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes
3. Campsites no print print yes proint yes print yes yes print print print no print no

B. Resource Management3
1. Timber harvesting print print print yes yes yes yes yes stds stds print prnt3 print stds aids
2. Agricultural mfln. stds stds stds yes yes yes stds atds print atds stds aids sids aids print
3. Mineral extraction
a. Commercial print no no no no no no no no no no no no no no
b. Road 5 acres + print no no print print print print print sp.ex. print no sp.ex. print print no
c. Roads< <5 acres print no no stds stds sids print print sp.ex. print no sp.ex. print print no
co4. Land ingn. roads print print print yes yes yes prrnt stds stds stds print stds print sids print
5. Land ingrj. water crossings
a. Of streams draining <560 sq. mi. stds sids atds N/A NIA N/A Pratt stds stds stds print stds7 print Stds sids
b- of streams draining 50 sq. mni. +- print print print N/A N/A N/A print stds sids print print print print print print
6. Water impoundments print print print print Sp~ex. print print print sp~ex. print print print print print print

C. Residential4
1. Dwellings W~ print print print print no s print no no print no no no print no
2. Subdivisions print print print no no no no no no no no no no no no

D. Commenrcial arid industrial4
1. Campgrounds print print no print no print print print no sp.ex. no no -no print no
2. Commercial sporting camps print print no print no no no no no sp.ex. no no no sp.ex. no

2Only wildlife and fishery management practices are allowed without a permit on colonial nesting islands from May 1st-July 15th
3Snowrinobiling not allowed on trails designated as P-RR
3Permint iequiiled only in P-RR's adjacent to trails or streams
5Residenitial, commiercial, and Industrial uses, other than remote camps, shall be prohibited in Management and Protection Subdistricts surrounded by an M-NC Management Subdistrict
6Unless diriciling is a remote camp
INo multi-family dwellings; subdivisions for single family dwellings only
Pemi tecluired for water crossings of streams designated as P-BR

CHART OF REGULATED USES 1cont.)

Deivelopment Management Protection

46~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.

X I L LL to V. ccB . *

Activities D-Cl D-GN D-ftS M-GN MAWP M-NC P-AR P-FP PFW P-GlP P-MA P-RB P-SG P-SL P-WL

D. Commercial (cont-l
3. Wholly compatible With residential-e.g., smalla
stores pa-mi print pa-mt no no no no no no sp.ex. no no no no no
4. Automobile related uses, large stores, enter-a
taintment est.. eating est., light Industry print sip.ex. no no& no no no no no no no no no no no
5. Others, heavy industry print no no no6 no no no no no no no no no no no

I. attitulional
1. Generally: Churches, schools, cemeteries no pa-na print no no no no no no no no no no no no

F. Transportation and Utilities
1. Level A road projects auds Sid$ aids yet yes yes yes yes yes sids yes yes yes stds sids
2. Level II toad projects print print print yes pa-mt yes prmnt print pa-mt print -print print pa-mt print pa-mt
3. Level C road projects print print print print sp~ex. sp.ex. sp.ex. print sp.ex. pa-mi sp.ON. speax. print print sp.ex.
4. Water crossings;
a. Streams draining< <0 sq. ini. aids aids aids N/A N/A N/A print print print aids print print print aids stds
b. Streams draining 50 sq. mi. + print print print N/A N/A N/A print pa-mt print print print prit Print print print
5. Utility facilities print print print pa-mt sp.ex. sp.ex. print print pa-mt pa-mi sp.ex. ip.ex. print print sp.ex.

G. Miscellaneous
1. Pernianent docks print pa-mt print N/A N/A N/A pa-mt pa-mt no print no no print print print
2. Non-exempt signs aids aids aids &ids aids sp~ex. aids sids print aids print print stds aids aids
3. Sewvage sludge disposal no no no aids sids aids no no no , no no no De no no
4. Solid waste disposal priMt no no print no no Flo no no no no no no no no
S. Filling, grading, draining. etc. print print print print sp~ex. print no p-mt Flo Print pa-mt print print print sp.ex.
6. Accessory uses to petmitted uses print paint print print print print Pratt prmin pfmt print pa-mt print pa-mt print print
1. Trails yes yes yes yes yes yes yes yes VI$$ pa-mt print print print pa-mt pa-mt

SExcept for small commercial sporting camps, or structures for educational, scientific Kw nature observation purposes

7.54 THE ADMINISTRATION OF THE LAND USE REGULATION COMMISSION ACT

THE COMMISSION

The Act charges that the "Commission" implement its provisions. The Commission
consists of seven public members appointed by the Governor for staggered four-year terms,
four of the members are required to be knowledgeable in of least one of the following
areas: Commerce and Industry, Fisheries and Wildlife; Forestry; and Conservation.
Commission meetings are public and must be held at least once a month.

The Commission's budget must be approved by the Commissioner of the Depart-
ment of Conservation who, with the consent of a majority of the Co-mmission, appoints a
director as principal administrator and executive employee of the Commission. The director
hires needed staff.

The Commission's staff is organized into three divisions: Planning, Resource
Analysis, and Development Review. The first two are responsible for planning, mapping,
research, inventorying, and assisting the Development Review Division; this latter Division
is responsible for processing applications for permits and for making recommendations con-
cerning variances and rezoning applications.

PERMIT PROCEDURE

The staff has authority to approve, approve with conditions, or deny routine
permit applications, however, the Commission has final responsibility for any and all
land use decisions. Section 685-B.1 of the Act states:

"A. No structure or part thereof shall be erected, changed, converted,
or wholly or partly altered or enlarged in its use or structural form other
than normal maintenance or repair, without a permit issued by the Com-
mission.
B. No person shallI commence development of or construction on any
lot or parcel within any subdivision or sellI or offer for sale any interest
in any lot or parcel within any subdivision without a permit issued by
the Commission.
C. No person shall commence any construction or operation of any
development without a permit issued by the Commission."

All applications for any permit have to be submitted on standard application
forms and once judged "complete" by the staff, are required, by Statute, to be ap-
proved (with, or without conditions) or denied within a 30 day period. Staff recom-
mendations on nonroutine permits are acted on by the Commission. No action is
taken by the Commission unless upon approval by vote of four members. A person
aggrieved by a Commission decision may petition them for a hearing.

14 0

If the Commission decides to hold a public hearing on an application it must
be held within 45 days of the receipt of the application. Notice of the hearing must
be published and within 45 days after the hearing the Commission must make known
its findings and decision. Any person aggrieved by a Commission order or decision
may, within 30 days, appeal to the Superior Court of Kennebec County.

CRITERIA FOR APPROVAL

Applications for a permit must be accompanied by a plan that shows the intended
use of the land, proposed changes, and other details~as may be required by the Commission
to determine conformance with applicable land use standards.

The Act requires that allI applications meet certain criteria; it states:

"The Commission shall approve no application, unless:
A. Adequate technical and financial provision has been made for
meeting the State's air and water pollution control standards, for
solid waste disposal, for controlling of offensive odors and for the
securing and maintenance of sufficient healthful water supplies,
and
B. Adequate provision has been made for loading, parking and
circulation of land, air and water traffic, in, on and from the site,
and for assurance that the proposal willI not cause congestion or
unsafe conditions with respect to existing or proposed transportation
arteries or methods, and
C. Adequate provision has been made for fitting the proposal har-.
moniously into the existing natural environment in order to assure
there will be no undue adverse effect on existing uses, scenic char-
acter, and natural and historic resources in the area likely to be
affected by the proposal, and
D. Uses of topography, soils and subsoils meet standards of the
current Soil Suitability Guide for Land Use Planning in Maine,
or which are adaptable to the proposed use pursuant to said guide
and will not cause unreasonable soil erosion or reduction in the
capacity of the land to absorb and hold water, and
E. The proposal is otherwise in conformance with this chapter
and the regulations, standards and plans adopted pursuant thereto.
F. In the case of an application for a structure upon any lot in
a subdivision, that the subdivision has received the approval of
the Commission.
The burden is upon the applicant to demonstrate by substantial
eviidence that the criteria for approval are satisfied, and that the
public's health, safety and general welfare wIll be adequately pro-
tected. 1

Paragraphs A and B above establish criteria that are relatively straightforward to apply.
Paragraph C requires a greater degree of discretion and often leads to a permit being
issued subject to adequate landscaping, setback, and other environmental provisions.
Reference to the Soil Suitability Guide in paragraph D and reference to other regu lations
in paragraph E, permits the Commission to deny applications proposed for soils rated as

141

lvery poor" for a particular use. (See Chapter VI of the Commission's Rules and __
Regulations. ) Paragraph E broadens the scope of staff review by referring to "regu-W
lations, standards, and plans.. ." adopted in accordance with the Act. This means
that applications must meet: the land use and district standards described earlier.
the State Plumbing Code and the minimum lot sizes it prescribes for various
sewage disposal systems;. other publications the Commission has embraced,
by reference, like standards for logging road construction and guidelines for manure
disposal.

The Statutory criteria thus provide leeway for the staff, and ultimately the
Commission, to attach appropriate conditions to permit approvals. Perhaps the best
way of determining what concerns, other than those found in the criteria and refer-
ences above, are important to the Review staff is to refer to the Land Use-Regulation
Commission's application forms and to the requirements of the Planned Development
Subdistrict.

The Commission's Subdivision application form, for example, states minimum
lot and shore frontage criteria, specifies minimum road dimensions, requires certain
minimum distances between wellIs and sewage disposal systems, encourages limited
shorefront cutting and endorses the concept of common or "green areas" and the for-
mation of lot owners associations. The Planned Development Subdistrict (D-PD) in
Chapter X of the Land Use Regulations Commission's Rules and Regulations provides
opportunity, in the future, (after May 1979) for the Commission to deal with large
development proposals proposed for areas distant from existing developed areas.
(Residential projects of more than 30, 000 sq. ft. in building f loor area and on sites
of over 50 acres are considered large.) In the provisions of the D-PD subsection
the formal application procedures are set out in detail and the criteria for approval
a re statfed .

INTER-AGENCY COOPERATION

Because the Land Use Regu lation Commission's jurisdiction and land use
control powers oft-times overlap with those of other agencies, the Commission has
established informal and formal agreements to avoid conflict and/or duplication of
effort. Thus the Department of Environmental Protection has formally agreed to
accept any Land Use Regulation Commission approval of an application, that qualifies
for consideration under the Site Location Act, as prima facie evidence that it meets
their criteria. The Land Use Regulation Commission likewise accepts the Department
of Environmental Protection's approval of a Great Pond application as sufficient to
justify a L. U R.C. permit; (See Appendix F1 c) and the Commission has an agreement
for cooperating with the State Planning Office (See Appendix 12a).
On most other permit applications it is L. U.R. C. policy to notify all other
interested agencies, including the State Planning Office, of pending applications
and to allow time for their comment. Furthermore, legislation is now before the
1 08th Legislature to instigate a one-stop permit procedure whereby an applicant
need only apply to the Land Use Regulation Commission for a permit; the agency
will then be responsible for circulating the application to all relevant licensing
agencies, thereby speeding and simplifying the application procedure.

142

7.6 SUBDIVISION LAW

7.61 SUMMARY

In Maine Subdivision Laws have been on the books for over 20 years. However,
only since 1971 has 30 M.R.S.A. � 4956 contained specific criteria that require all
municipal authorities to assure that a proposed development. meets certain standards,
other than those of 'reasonableness." (See Appendix F6 for full text of Act.)

Until 1971 local communities could promulgate their own subdivision Or-
dinances, which could be stricter than that of the State's broad legislation, but there was
no state requirement, as there is now, that the land subdivision: not cause undue air
and water pollution; have a sufficient water supply; not cause erosion or unsafe high-
way conditions; have adequate sewage disposal facilities and not have an adverse effect
on scenic beauty.

Today the Land Subdivision Act broadly applies in all organized areas of the
state to any subdivision of three or more lots ~reated within a 'five year period;
The Law requires that all requests for subdivision approval be reviewed by the municipal
planning board (or municipal officers) and that they determine that at least the above
criteria are met. Additional "reasonable" regulations may be adopted by the municipality
after public hearing.

The Act establishes a timetable for reviewing applications, states that the burden
of proof be upon the applicant and permits the municipal authority to approve, approve
with conditions, or deny subdivision applications.

Subdivision Law is administered at the' local level and most coastal towns,
have adopted subdivision ordinances that go beyond the criteria established by
3 0 M . R. S . A. 1 4956 : In the unorganized areas subdivision activity is
regulated and reviewed by the Land Use Regulation Commission. In all cases the Law
overlaps with other land use control laws and regulations.

All approved subdivisions are required by; the Act to be registered at the
proper Registry of Deeds. Sales, leases, or conveyances prior to approval and
registration are liable to a fine and proceedings may be instituted by the Attorney
General (in exceptional circumstances), or by municipality or planning board.

143

7.62 HISTORY i

Over the last 20 years Maine's Subdivision Law has redefined the meaning of
"subdivision" several times and has made the State's interest in the "public welfare"
much more explicit. At the same time more and more towns have taken it upon them-
selves to enact local subdivision ordinances that are more restrictive than the State
Law. In 1975, approximately 100 out of 131 organized towns had such ordinances.

In the late 1950s the division of a parcel into five lots constituted a sub-
division; in 1961 the Legislature stated that the creation of three urban lots or four
rural lots constituted a subdivision. It was the 105th legislature of 1971 that reduced
this provision to "three or more lots."

That same Legislature was responsible for broadening the Act to include eleven
specific criteria or guidelines for evaluating projects; until this time the Act simply
required conformance with the local ordinance and "general reasonableness."

The 106th and 107th Legislatures have not altered the Act significantly. The
definition of subdivision has twice been clarified and in 1975 a review timetable was
added to assure review of an application proceeded in a timely fashion.

Thus the Act has responded to the times, has long been open to public scrutiny
through Legislative hearing and discussion and has basically remained unchanged over
the last six years.

7.63 AREAS AND USES REGULATED BY THE SUBDIVISION LAW

The Subdivision Law applies to any division of a tract or parcel of land, in
the organized areas of Maine, into three or more lots within any five year period,
after September 22, 1971, "...whether accomplished by sale, lease, development,
buildings, or otherwise...." Under the definition of land subdivisions in 30 M.R.S.A.
J 4956 there are seven situations in which a lot is not considered to be part of a sub-
division. These include lots of more than 40 acres; lots created by inheritance, con-
demnation or court order; and gift lots from a relative.

A recent Attorney General's opinion indicates that municipalities may, by
ordinance, but not by regulation, define subdivision in ways more restrictive or in-
clusive than defined in the Subdivision Law (State Statute.)

144

A subdivision does not only imply a development of residential units on separate
lots. Most proposals for multiple use of a piece of land are covered by Maine's Sub-
division Law. This includes apartments, condominiums, shopping centers, hotels, camp-
grounds, industrial parks, and planned unit developments according to an advisory memo-
randum issued jointly by the Attorney General's Office dnd the MaineM unicipal Association
dated June 15, 1972.

Needless to say, in practice, in the vast majority of cases, subdivision invariably
involves the creation of residential lots.

7.64 HOW THE SUBDIVISION ACT IS ADMINISTERED

MUNICIPAL ADMINISTRATION

The Subdivision Law states that "All requests for subdivision approval shall be
reviewed by the municipal planning board, agency or office, or if none, by the
municipal officers..." This simply means that if a town has established a planning
board it is required by law to review all subdivision proposals within its jurisdiction.
If a planning board does not exist, this same responsibility rests with the municipal
officers (the Board of Selectmen or Council).

The Law also permits the local reviewing authority to adopt additional reason-
able regulations to augment those specified by the legislature. Such regulations must
be subject to a public hearing.

The Law is very specific about the administration of subdivision reviews. Out-
lined below are the time constraints:

1. The developer submits an application for which the Planning Board (or its equivalent)
issues a dated receipt.
2. The Planning Board has 30 days to decide whether or not the application is complete
and, if not, to notify the developer as to exactly what additional information must
be submitted.
3. Other than notifying the developer of the need for additional information, the Plan-
ning Board is not required to do anything until it receives a complete application.
4. Upon receipt of a complete application, the Planning Board has sixty days in which
to reach a decision.
5. If the Planning Board decides a public hearing is necessary, it must hold the hearing
within 30 days of the date the completed application was received. Notice of the
hearing must be properly posted at least 7 days in advance of the hearing.
6 . If a public hearing is held, the Planning Board has 30 days from the date of that
hearing to reach its decision.

In addition to following this timetable closely, the Planning Board must keep
accurate records of its meetings and actions: what it did, why, and when.

14 5

The planning board must decide either to approve the application, approve ir
with terms and conditions, or deny it. They are required to make "findings of fact"
and assure that the proposal satisfies the criteria of the law and that the "public health,
safety, and general welfare" is protected. The "burden of proof" rests with the sub-
divider. In other words, the subdivider must prove that allI the- conditions set forth
in the Act have been met. i

The Act states that no subdivision land may be sold, leased, or conveyed
without municipal approval or before it is recorded in the proper Regis"r of Deeds.
Plans or plats that are recorded must have the approval (with conditions, if applicable)
written directly on them.

The subdivision law requires that no public utility, water district, sanitary district,
or any utility company may serve a subdivision for which a plan has not been approved
by the appropriate municipal body. Thi's provision gives the Act more "teeth" and im-
proves its effectiveness.

The municipality, planning board, or municipal officers may institute proceedings
to enjoin violations of the law and in extraordinary circumstances the Attorney General
may do so.
If a town consistently disregards the standards contained in the subdivision low
and if the deviations are considered to be significant, the Attorney General can bring
mandamus action. (See Attorney General's opininon, Appendix F6b.)
The statute is silent on the subdividers right to appeal, however, appeals may
be taken pursuant to the Maine Rules of Civil Procedure.

REVIEW CRITERIA

The Subdivision Low establishes guidelines or criteria for judging subdivisions,
it states... "When promulgating any subdivision regulations and when reviewing any
subdivision for approval, the planning board, agency or office, or the municipal
officers, shall consider the following criteria and before granting approval shall
determine that the proposed subdivision:

A. Will not result in undue water or air pollution. in making this
determination it shallI at least consider: The elevation of land above
sea level and its relation to the flood plains, the nature of soils and
subsoils and their ability to adequately support waste disposal; the
slope of the land and its effect on eff luents; the avai labi lity of streams
for disposal of effluents; and the applicable state and local health
and water resources regu lotions.
B. Has sufficient water available for the reasonably foreseeable needs
of the subdivision;
C. WillI not cause an unreasonable burden on an existing water supply,
if one is to be utiliized
D. Will not cause unreasonable sail erosion or reduction in the capacity
of the land to hold water so that a dangerous or unhealthy condition may
result.

146

E. Will not cause unreasonable highway or public road congestion
or unsafe conditions with respect to use of the highways or public
roads existing or proposed;
F. Will provide for adequate sewage waste disposal;
G. Will not cause an unreasonable burden on the ability of a muni-
cipality to dispose of solid waste and sewage if municipal services
are to be utilized;
I. Will not have an undue adverse effect on the scenic or natural
beauty of the area, aesthetics, historic sites or rare and irreplace-
able natural areas;
J. Is in conformance wit;, a duly adopted subdivision regulation or
ordinance, comprehensive plan, development plan, or land use plan,
if any; and
K. The subdivider has adequate financial and technical capacity to
meet the above stated standards.
L. Whenever situated in whole or in part, within 250 feet of any
pond, lake, river, or tidal waters, will not adversely affect the
quality of such body of water or unreasonably affect the shoreline
of such body of water. "

As has been mentioned the above are minimum criteria and many towns have enacted
stricter regulations or ordinances. It would be a difficult task to summarize the many
different ways towns have elected to improve upon the above, however, the State
Planning Office has sponsored the publication of two technical handbooks that pro-
vide towns with information on how to write their own subdivision regulations. These
are: Subdivision Review: A Procedural Guide for Local Planning Boards (1976);
Planning Board Standards for Reviewing Land Subdivisions (1972), Maine State Plan-
ning Office.

Nonetheless, only a reading of an individual towns actual Subdivision ordinance
will provide a complete picture of applicable rules, regulations, and review criteria.

1_47

7.7 SITE LOCATION ACT

7.71 SUMMARY

The Site Location of Development Act became effective on January 1, 1970.
Various amendments to the Act have been enacted since that time; however, the
intent and basic provisions have changed little. (The full text of the Act is con-
tained in Appendix F7a.)

Administered by the Board of Environmental Protection, the Act requires
the Board to . . . "control the location of those developments substantially
affecting local environment in order to insure that such developments will be
located in a manner which will have a minimal adverse impact on the natural
environment of their surroundings". (38 MRSA � 481)

Generally projects proposed anywhere in the State (and hence in the coastal
area) in excess of 20 acres or covering more than 60,000 square feet, with some
exceptions for highway-related projects, must obtain approval from the Board of
Environmental Protection or, if in an unorganized area, from the Land Use Regu-
lation Commission. Before issuing a permit the Board must conclude that the
applicant meets certain criteria pertaining to his or her financial capacity to
undertake the project, traffic movement in and on the site, the project's effect
on the natural environment, and the suitability of the soil types on the site for
the proposed development. In its project review, the Board may also consider probable
economic impacts of development, including that on tax base, marketing, and balance
of payments policies.

Authority to grant permits to subdivisions of between 20 and 1 00 acres may
be given to municipalities by the Board of Environmental Protection if that
municipality meets certain criteria that will assure proper review.

The Site Location Act mandates a procedure and timetable for processing
applications and includes appeal, enforcement and judicial review provisions.
Generally 30 days after submission of a complete application, a decision is
reached, unless a public hearing is called. The public hearing procedure in-
creases the review period to a maximum of 90 days. The Board may vote to
approve, approve with conditions, or deny an application. A summary of ap-
plications processed under the Site Law is included in the table located in Appendix
F7b.

This section describes the History, Administration, Uses and Areas regulated
by the Site Location Law, and the Permit Review Process under this low. Appendix
F7b inc ludes a Legal Analysis of the Site Location Law which describes judicial
interpretations of the Act and Board policies and regulations adopted in order to
implement the law, and presents a summary of the results of the permit review process.

148

7.72 HISTORY

The Site Location of Development Act was enacted in 1970 in response
to a proposal for an aluminum smelting plant and other unregulated oil related
development on the Maine coast. At that time, and subsequently, as various
amendments to the Act have been made, legislative hearings have permitted
members of the public to voice their opinions on the form and direction of the
Act.

In 1975 the 107th Legislature redefined portions of the Act, added a
clause saying that the Board may receive testimony on the economic effect of
development, and included a section (� 489) permitting the municipal review of
subdivisions of between 20 and 100 acres. In the special session of the 107th
Legislature "subdivision" was redefined so as to permit subdivisions containing
lots of between 5 and 10 acres, meeting certain dimensional requirements, to
be excluded from review by the Board of Environmental Protection. The Site
Location Act has withstood two legal challenges in its short history. For a
description of some of the legal aspects of this law, see Appendix F7b.

7.73 USES AND AREAS REGULATED BY THE SITE LOCATION ACT

The "purpose" clause of the Site Location Act states that . . . "many develop-
ments because of their size and nature are capable of causing irreparable damage
to the people and the environment in their surroundings;" and that . . . "the
location of such developments is too important to be left only to the determination
of the owners of such developments . . ."

The Act therefore requires persons proposing such developments anywhere
within the State's jurisdiction to obtain a permit from the Board of Environmental
Protection or, in the case of unorganized areas, from the Land Use Regulation
Commission. The Act thus applies in tiers 1, 2, 3, and 4 of the coastal area, as
identified in Section 5.

149

Section 482 of the Act defines development and by so doing describes which
uses are regulated and which are exempted from regulation:

Development for the purposes of the Act . . . "means any state,
municipal, quasi-municipal, educational, charitable, commercial
or industrial development, including subdivisions, which occupies a
land or water area in excess of 20 acres, or which contemplates drilling
for or excavating natural resources, on land or under water where the
area affected is in excess of 60,000 square feet, or which is a structure;
but excluding state highways, state aid highways* and borrow pits for
sand, fill or gravel, of less than 5 acres or when regulated by the De-
partment of Transportation".

In the above definition '"subdivision" means the division of a parcel into 5 or
more lots in a 5-year period when the parcel is more than 20 acres in size. If none
of the lots are less than 10 acres in size, or if they aggregate less than 100 acres and
can contain a rectangle measuring 200 feet by 300 feet, the subdivision is exempted.
If the lots are between 5 and 10 acres in size, they are subject to municipal subdivision
regulations.

"Structure" means any building or buildings on a single parcel covering a
ground area of more than 60,000 square feet, or parking lots, roads, paved areas,
wharves or areas not to be revegetated occupying a ground area in excess of 3
acres.
Components of a municipal sewage system, including pumping stations, lagoons,
and treatmen* plants, require a site law permit if they occupy 60,000 square feet or more.

Power generating facilities of more than 1000 kilowatts and transmission lines
carrying more than 125 kilovolts require Public Utilities Commission approval as well
as Board of Environmental Protection approval.

When there is question concerning the applicability of these definitions to a
specific proposal, the developer may request, in writing, an advisory letter from the
Comm issioner as to whether or not Site Location approval is necessary.

* For clarification of how the activities of the Department of Transportation are coor-
dinated with the Coastal Program, see Appendix I.

7.74 ADMIN ISTRATION

THE ADMINISTERING AGENCY

The Legislature has mandated that the Board of Environmental Protection exercise
the police power of the State, in consultation with other agencies, in implementing
the provisions of the Site Location Act. Within the Department of Environmental
Protection the Bureau of Land Quality Control is responsible to the Board of En-
vironmental Protection for undertaking the staff level Site Location project
processing, research and evaluation. Decisions concerning the approval or
denial of applications rest solely with the Board, or, in the case of subdivisions
of between 20 and I 00 acres, with an authorized municipality. (The Board member-
ship is described in Section 9.)

Authority for municipal review power of subdivisions is granted by the Board if
the municipality applies on official forms, has adopted and plans to substitute its own
subdivision regulations based on the State Subdivision Low to evaluate such proposals,
can show it has an established planning board, has developed a suitable application
form,, and has made provision for a reasonable processing procedure and timetable. If
the Board finds that a municipality fails to uphold the provisions of the Subdivision and
Site Lcxation Laws, it may revoke the review authority if the conditions persist after a
public hearing on the matter. Only one town in the coastal area, Harrington, has
chosen to obtain this authority from the Board of Environmental Protection. (See Sec-
tion 489 of the Act in Appendix F7a for precise language.)

7.75 APPLICATION REVIEW PROCESS

A. The Application Foim

A developer seeking approval for a regulated activity must submit a completed
"Application for Project Approval" to the Department of Environmental Protection. The
application, adopted and periodically revised by the Board, establishes what specific
information is required of applicants, and contains 31 items that must be addressed.
(See Appendix F7c for complete application form.) Among them is information concern-
ing:

-Site plans and project costs and objectives;
-Construction schedule and project size and statistics (number of lots,
building size, acres developed, etc.);
-Financing: how the project will b,~ financed, financial statements,
bank or other commitments;
-Sewage and solid waste disposal and water supply;

151

- Traffic; road and parking plans, vehicles per day;
- Services; fire, police, and other needed services;
- Existing site features; drainage characteristics, proposed
landscaping, frontage on water bodies;
- Soils; onsite sails investigations (by a certified inspector),

The application for project approval under the Site Law is adopted by regulation
and requests information of the applicant which the Board deems necessary or desirable
in order to approve or deny a regulat~ed activity. The burden of proof is on the applicant
to show in the application, that the proposed development will meet the criteria of the
Site Law.

An applicant having questions such as the degree of detail or the applicability
of certain questions in the application to a specific development is encouraged to seek
guidance from the Department of Environmental Protection staff prior to formal submission.
In the case of large developments, a pre-application conference between developer and
staff may be held to address these questions.

B. Application Processing Procedure

The following is a description of the application processing procedure followed
by the Department of Environmental Protection's Land Bureau staff.

When an application is submitted to the Department of Environmental Protection,
it is reviewed to determine if it is complete.

The Commissioner of DEP must, within 10 working days of receipt of an applica-
tion, notify applicants (a) of the official date on which the application was accepted,
or (b) return the application to the applicant specifying in writing the reasons for return-
ing the application. (H 344.3).

The Board has 30 days from receipt of a complete application to (a) approve,
(I,) disapprove, or (c) schedule a public hearing on the applicant's proposal (B 483).
A public hearing must be held by the Board on an application within 30 days of its
own decision to hold such. hearing (M 484).

In order to make the necessary conclusions that a project meets these
criteria, the Act, in Section 481, provides for consultation between appropriate I
state agencies and the Department of Environmental Protection. Those agencies
within the state having jurisdiction or regulations which may pertain to Site Law
projects and which address one or more of the above criteria are considered
"1review agencies."

152

In order to solicit reviews, the completed site application is summarized and
sent along with copies of the exhibits to appropriate review agencies. Those state
agencies most commonly receiving review materials are listed in the following chart,
along with their regulations or jurisdictions and the Site Law Criteria which they
address.

C. Review Criteria

The following discussion is intended as a guide to understanding how specific
aspects of the Site Law criteria are applied in reviewing complete applications. It
describes in more detailI the information contained in the c ha rt . The des-
cription includes each criterion, broken down into specific points where helpful, and
questions in the application which most commonly pertain to them. Also identified are
the review agencies, which may be asked to review the application and their standards.

1.FINANCIAL CAPACITY

"The developer has the financial and technical ability to meet state air and water
pollution control standards, and has made adequage provision for solid waste disposal...

Questions in the application related to this requirement deal with (6) estimated
project costs and financial statements, waste disposal operations (10) (17) (and 18), and
erosion control measures (I 1).*

The financial capacity of the applicant is judged largely upon (a) the general
accuracy of projected cost estimates for waste disposal and pollution control, and (b )
sufficient evidence that the applicant has the financial means to meet those cost esti-
mates (usually either a corporate financial statement of a letter from a bank.)

Proposals which include air emissions are reviewed by the Department of
Environmental Protection's Air Quality Control staff to insure technical soundness
of the proposal and whether or not an air emissions license is required (often this
application is submitted simultaneously with the site application). If an air emission
license is required, site approval may be granted, conditioned on the receipt of an
air emission license. A similar situation exists concerning the water pollution con-
trol standards of the Bureau of Water Quality Control and solid waste disposal regu-
lations of the Bureau of Solid Waste Management, within the Department of Environ-
mental Protection. In all three cases! financial and technical capacity are deter-
mined either by (a) technical adequacy of proposed plans for an activity not exceeding
state air., water, and solid waste control standards, or (b) the appropriate permit ap-
proval or license issued by the regulating bureau.

*Numbers relate to question numbers in the permit application. The entire application
form appears in Appendix F7c.

153

STANDARDS FOR REVIEW OF SITE LAW APPLICATIO NS IN ACCO RDANCE WITH REVIEW CRITERIA

Site Law Criteria Review Agency Review Standards Site Law Criteria Review Agency Review Standards

The developer has made DEP - Classification Standards The developer has the Department of Ambient Air Quality
adequate provision for Bureau of Water Fresh Waters financial capacity and Environmental Standards
the securing and main- Quality Control Great Ponds technical ability to Protection (DEP) - Emission Standards
tenance of sufficient Tidal or Marine Waters meet State air pollution Bureau of Air
and healthful water control standards ... Quality Control
supplies ...
The developer has the DEP - Classification Standards
DEP - Regulations for Septic financial capacity and Bureau of Water Fresh Waters
Bureau of Land Tank Sludge Disposal technical ability to Quality Control Great Ponds
Quality Control on Land meet State water pollution Tidal or Marine Waters
control standards ...
Department of Maine State Plumbing
Human Services - Code, Part II, Private Department of Maine State Plumbing
Division of Health Sewage Disposal Human Services (DHS) - Code, Part II, Private
Engineering Regulations. Division of Health Sewage Disposal
Regulations Concerning Engineering Regulations.
Mobile Home Parks.
Regulations Relating to The developer has made DEP - Solid Waste Manage-
Tent and Recreation adequate provision for Division of Solid ment Regulations
Vehicle Parks and solid waste disposal ... Waste Management
Wilderness Recrea-
tional Parks Deparlinent of Comerva- Maine Coastal Inventory:
tion - Surficial GeologyMaps
The developer has made DEP - Regulations for Parking Bureau of Geology Depth to Bedrock Wells.
adequate provision for Bureau of Land Lots
traffic movement out of Quality Control Minimal Specifications
or into the development for Interior Roads DEP - Ambient Air Quality
area ... Bureau of Air Standards
Quality Control Emission Standards
Deplrtment of Institute of Traffic
Transportaticn - Engineers Handbook The developer has made DEP - Solid Waste Manage-
Bureau of Planning - State Aid Standards adequate provision for Division of Solid ment Regulations
Division of Traffic the control of offensive Waste Managemenr Regulations for Sludge
Engineering odors ... Disposal on Land

The proposed development Department of Soil Suitability Guide DEP - Ambient Air Quality
will be built on soil types Agriculture - for Land Use Planning Bureau of Air Standards
which are suitable to the Soil and 'Water Con- in Maine. Quality Control Emission Standards
nature of the undertaking ..servation Commissioni
The developer has made DEP - Regulations for Natural
DHS - Maine State Plumbing adequate provision for Bureau of Land Buffer Strip
Division of Health Code, Part II, Private fitting the proposal harm- Quality Control Parking Lot Standards
Engineering Sewage Disposal oniously into the existing
Regulations. natural environment

"The developer has made adequate provision for the control of offensive odors,. .

Questions (17) and (18) in the Application, dealing with liquid and solid waste
generation and disposal address this criterion,
The adequacy of a proposal to control offensive odors is determined by comparison
to the best known practical treatment for similar activities. For example, applicants
proposing to handle wast~e materials, sludge, or compost material must show that these
will be disposed of in a timely or periodic manner and in accordance with state standards
for solid waste disposal or sludge disposal.

"The applicant has made adequate provision for the securing and maintanience of
sufficient and healthful water supply a*, "

This criterion is particularly applicable to large subdivisions proposing subsurface
sewage disposal, and also applies to commercial developments proposing water discharge,
and solid waste and sewage disposal.

Questions in the application dealing with adjacent water bodies (7), water supply
(1 2), and sewage disposal (I15 and 16), are directly related to this criterion.

Proposal adequacy on this subject is reviewed by the Maine Department of Human
Services, Bureau of Health Engineering, which administers the Maine State Plumbing
Code, and regulations concerning trailer parks. For some proposals, a statement from a
reputable well driller is sufficient to prove adequacy.

Water discharges are reviewed by the Water Bureau of Department of Environmental
Protection in accordance with the State water classification system and State Water Quality
Standards.

2. TRNFFIK- MOVEMENT

"The developer has made adequate provision for traffic movement out of or into
the development area..,,,."

Questions in the application pertaining to existing public access routes (19),
specifications for interior roads and parking lots (20) and landscaping and maintenance
plans for roads (21 and 22), and estimated nwmber of vehicles per day (23), deal with
this review subject.

D.E. P. Regulations for parking lots and quidelines for parking lot landscape
design, as well as minimal specifications for interior roads, are supplied, when ap'pli-
cable to prospective applicants. These specifications are used for reviewing the adequacy
of traffic movement provisions in specific proposals.

The Maine Department of Transportation's Traffic Division reviews proposals in-
volving entrances to public highways (an entrance permit may be required), while the
Planning Division reviews proposals in order to assure compatibility with future highway
plans.

3. NO ADVERSE EFFECT ON THE NATURAL ENVIRONMENT

The developer has made adequate provision for fitting the development
harmoniously into the existing natural environment and that the development will
not adversely affect existing uses, scenic character, or natural resources in the
municipality or in neighboring municipalities ...

Questions in the application addressing this criterion in the majority of
proposals include: (1) objectives of the proposed project; (2) existing project;
(4) area owned by applicant and (5) existing use; (7) surface drainage and water
bodies affected; (8) topography; (9) site preparation and plans; (10) erosion control
measures; (17) liquid waste discharge; (19), (20), (21); traffic provisions; (22) land-
scaping; and (26) exterior advertising.

In reviewing larger developments under this criterion, Department of Environ-
mental Protection staff use the special conditions from post proposals for examples,
as well as their own professional experience and the reviews from appropriate agencies.
The Department of Inland Fisheries and Wildlife has the charge of protecting and
managing the fish and wildlife resources of the state. Deer yards (areas utilized by
deer in winter) have been mapped by the Department and are protected from destruc-
tion by development and buffered from nearby development through this criterion of
the site law. Important waterfowl nesting areas and wildlife habitat are similarly
protected, usually by the addition of requirements for suitable buffering from the
proposal in the final board order if not proposed in application.

The Maine Bureau of Forestry may submit review comments concerning the
adequacy and practicality of proposed plantings to be used in vegetative buffers.

The Board has adopted "Parking Lot and Landscape Design Guidelines" to help
ensure that proposed developments are adequately buffered from highways. To protect
and preserve the existing natural environment, scenic character and natural resources
of the state, the Board has also adopted a policy (0370) concerning natural buffer
strips between development and water bodies (Appendix F7b). These buffer strip
regulations govern the establishment of natural buffers in developments requiring site
law approval, and require written permission of the Department prior to any activity
which may impact the buffered water body. The width of this buffer strip is determined
by the Board on a case by case basis by evaluating existing conditions adjacent to the
water body.

The Department of Transportation may submit comments on a proposal's likely
adverse impact on traffic safety in the project area and existing traffic patterns.

Likely adverse effects on the environment caused by erosion are studied by
the Soil and Water Conservation Commission, using the soils information for the
site, the Soil Suitability Guide, and professional experience.

The Department of Human Services, Division of Health Engineering may
associate specific likely adverse impacts on neighboring groundwater supplies
associated with sewage disposal. The Maine Bureau of Geology may also provide
comments concerning probable impacts on aquifers or groundwater.

Written comments from public officials or residents in nearby municipalities,
or testimony at a public hearing held for an application also supply the Board with
evidence on likely impacts of a proposed development.

. ~~4. SOIL TYPES

The proposed development will be built on soil types which are suitable to the
nature of the undertaking.

Requirements of the application pertaining to this criteria include an on-site soil
investigation (I10), method of sewage disposalI (I15) and the project site plan (9), incl ud-
ing location of buildings and roads.

Soil suitability for septic sewage disposal is reviewed by the Department of Humnan
Service, Division of Health Engineering in accordance with the Maine State Plumbing
Code, Part II, Private Sewage Disposal Regulations. This code categorizes the Physical
properties of soils and identifies the size and type of system required for each category.

The Department of Agriculture, Soil and Water Conservation Commission, reviews
site plans and soils informiation in accordance with the Soil Suitability Guide for Land
Use Planning in Maine. The Guide gives suitability ratings for each soil type found in
Maine for different land use activities, including buildings, roads, etc. The Board of
Environmental Protection has adopted the Soil Suitability Guide as its standard for judging
proposals under this criteria (see Appendix F7b).

E. Final Evaluation
The staff of the DEP Land Bureau performs the final evaluation of a project once
all solicited reviews have been received from the review agencies.

Reviews are studied and, along with any findings by Land Bureau staff, are linked
with the appropriate review criteria, In order for any proposal to be approved, it must be
found to satisfy all the review criteria specified in the Site Law. All proposals which
are approved are subject to a set of "Standard Conditions of Approval, " as adopted by
the Board (See Appendix F7b),

The Board frequently imposes on a developer, through inclusion in the Board Order
approving the application, special conditions designer to insure reasonable compliance
with site approval criteria.

F. Final Action

The Board, and in certain cases the staff when granted such authority, must act
on the application within 30 days, and may either approve, approve with conditions,
deny, or call a public hearing concerning the application. As can be seen on the chart
on page 379 , the majority of permits are approved. Most approvals contain one or more
special conditions requiring modifications of the original proposal in order to meet the
site criteria.

When denying an application the Board states which of the review criteria have
not been met, and to the extend possible, why. A person whose application is denied
by the Board may request that a public hearing be held, and the Board must hold the
hearing within 30 days of receipt of the request.

F. Appeal

Within 10 days of the applicant's receipt of the final Board decision, anyone
who is aggrieved by the decision may petition the BEP for an opportunity to present new
or additional evidence which may result in reconsideration of the conditions of approval
or of denial. The BEP may, within 30 days of receipt of such petition and after appro-
priate notice, grant the petition in full or in part, order a public hearing, or dismiss the
petition. M unicipalities which handle an application may handle appeals in the sam e
manner as does the BEP.

Anyone aggrieved by any order or decision of the Board or municipality in regard
to any matter upon which there was a hearing before the Board or municipality and of
which a transcript is available, may, within 30 days after notice of the filing of such
order or decision, appeal to the Superior Court. The court's review is lim nited to questions
of law and to whether the Board or municipality acted regularly and within the scope of
its authority. The decision of the Board ormunicipality is final so long as supported by
substantial evidence. The courtmay affirm, reverse, or remand the decision of the Board
or m unicipality for further proceedings.

Ie;

7.8 PROTECTION AND IM PROVEMENT OF AIR LAW

7.81 SUMMARY

The intent of the Legislature in passing the Protection and Improvement of Air
Law (M.R.S.A. Title 38, Chapter 4) in 1969 was to control all air emissions in order
to protect public health, property, and natural resources, For this purpose, the
Chapter authorizes the designation of air quality regions and the establishment of
ambient air quality and emission standards within those regions.

In establishing ambient air quality standards, the Board of Environmental Protection
shall not only consider varying levels and types of air pollutants within each region, but also
encourage the enhancemetnt of air quality in that region. Emission standards must be
established to control the amount and types of contaminants which may be emitted into
the ambient air within a region.

The Protection and Improvement of Air Law also prohibits open burning in most
cases and specifies the conditions under which certain open burning activities may be
conducted,

Finally, the Act generally empowers the Board to: grant variances; require
registration of pollution sources; issue emission licenses; grant open burning permits;
0 ~~and issue subpoenas to compel the production of information concerning any matter in
issue at a Board hearing.

Discharging air contaminants in violation of the standards or operating a pollu-
tion source without a license from the board is prohibited by this Act.

7.82 HISTORY

The first major federal air pollution legislation was enacted in 1967. The Air
Pollution Act, as it was popularly termed, recognized air pollution as an issue of national
significance.

In 1969, the Maine State Legislature enacted the Protection and Improvement of
Air Act. This legislation greatly expanded the scope of air quality control laws in Maine.
The low authorized the establishment of ambient air quality regions within the state, as
wellI as ambient air quality and emission standards.

Between 1967 and 1970 federal ambient air quality and emission standards were
being developed. Then, in 1970, the passage of the national Clean Air Act required
that each state develop an implementation plan to achieve desired air quality and estab-
lish ambient air quality and emission standards that were no less stringent than those
developed federally.

15 9

In accordance with the federal Clean Air law requirements, the State of Maine
prepared an implementation plan, including standards, which was submitted to the
Environmental Protection Agency for review in 1971. The plan describes: monitoring
network, monitoring results, and status of air quality attainment, means of attaining
and maintaining standards, and the means for dealing with air pollution emergencies.
The implementation plan was approved by E.P.A. and finally issued on January 31,
1972. A Bureau of Air Quality Control was created in 1972 to carry out the program.

As prescribed by the federal Clean Air Act, the state's Protection and Improve-
ment of Air law establishes minimum air quality standards and control strategies for pol-
luting activities of every type. In August, 1977, however, the Clean Air Act was
amended because some states, including Maine, had not achieved desired air quality
by the federally prescribed July 1977 deadline. These amendments to the federal law
will require the state to adopt new contaminant control programs, (eog. in the areas
of nonattainment, prevention of significant deterioration, and enforcement.)

7.83 USES AND AREAS REGULATED

In establishing ambient air quality regions within the State, the Board designated
six major areas: Metropolitan Portland, Portland Peninsula, Central Maine, Downeast,
Aroostook, and Northwest Maine.

Each of these regions is required by law to adhere to the ambient air quality and
emission standards established statewide. The standards for air quality define acceptable
levels of particulate matter, sulfur dioxide, carbon monoxide, photochemical oxidant,
hydrocarbon, and nitrogen dioxide. Similarly, emission standards specify permissible
emission levels for fuel-burning equipment and incinerators. These emission standards
include provisions dealing with particulates and sulfur dioxide; standards for low sulfur
fuel emissions are established for each region.

With the exception of the specific activities noted herein, all air contamination
sources are required to have a license from the Board of Environmental Protection.

Open burning is prohibited for most activities. However, it may be allowed under this
law in the following cases, provided a permit is obtained:

a) to control or prevent any disease, virus or similar hazard to public
health;

b) for agricultural purposes (e.g., land clearing, blueberry control, etc.);

c) to dispose of materials generated by the demolition of any building or
the clearing of land for the erection, modification or construction of
any highway, railroad, power or communication line or pipeline, or
commercial, industrial or recreational building or development;

d) for training, research and recreational purposes (fires for recreational
purposes on a person's own property are not required to obtain a permit).

160

Further, open burning at municipal solid waste disposal sites serving less
than 1,000 people is permissible unless upon investigation the Department of En-
vironmental Protection determines that air quality standards are being violated.

The provisions of the Act do not apply to- cone burners constructed or operated
by any municipalities providing that the population served does not exceed 25,000 and
operation does not adversely affect the environment.

7.84 ADMINISTRATION

After ambient air quality and emission standards have been established for
each region, the Board, by departmental regulation, requires that any person operating
or planning to operate an air contamination source must make proper application to the
Department to obtain an emission license. The application i's presented on a standard
form to the Division of Licensing and Enforcement where a review of the application is
made, and recommendations are developed and submitted to the Board for approval.

Within 30 days of receipt of a properly completed application, the Board will
either grant or deny the license or order a hearing. In granting the license, the Board
and its staff ensure that the following criteria have been met:

(a) the emission is receiving the best practicable treatment;

(b) the emission will not violate applicable emission standards or can be
controlled so as not to violate those standards;

(c) the emission either alone or in conjunction with other emissions will not
violate applicable ambient air quality standards;

(d) the equipment to be used is both reliable in conforming to design
specifications and expected operating characteristics, and dependable
in performance.

Within IO days after notice of the Board's decision, the applicant may request
a hearing. The hearing may be conducted by any member of the Board, or any authorized
employee or representative"Of DEP; it must be held in some municipality within the region
where the proposed emission occurs or will occur within 30 days of an applicant's request
or a Board order. If after the hearing, the Board finds that the emission or proposed
emission meats the criteria for approval, a license will be granted.

Any person aggrieved by a Board decision resulting from a hearing may file
a n:)tice of appeal with the Superior Court within 30 days after receipt of a Board
decision.

OCpen Burning Permits

Under the Protection and Improvement of Air Law, forest rangers or town fore@
fire wardens may grant open burning permits for the activities specified in section 7.83.

a) there is no waste collection nor any reasonably located solid waste
facility to which the material may be transported or the quantity of
material is such that it cannot be reasonably transported;

b) there is no reasonable disposal alternative that would not endanger
public health, property, and environment;

c) the existing wind speed and atmospheric stagnating conditions will not
create any nuisance conditions;

d) burning will not take p!ace within 25 feet of a public way;

e) conditions are such that burning will not promote the uncontrolled spread
of the fire;

f) burning will comply with all Bureau of Forestry regulations and local
fire requlations.

Highway Building

Under Section 606 of the Protection and Improvement of Air Law, the Board is
responsible for reviewing the air quality impacts of any highway construction project of
4 or more lanes in the state. The impact analysis must be conducted in accordance with
"mathematic modeling techniques as are mutually acceptable to department, the federal
Environmental Protection Agency and the federal Highway Administration." The project
cannot be undertaken unless the Board first determines that the project will not violate
the state's ambient air quality standards. This review does not apply to highway projects
that have no significant effect on air quality (e.g. lights, signs, landscaping and re-
surfacing).

Variance Procedures

As with all licensing and permit granting procedures followed by the Department,
the granting of variances from established regulations is a standard administrative responsi-
bility. A variance application is submitted to the Department, and reviewed by the staff
for recommendation to the Board of Environmental Protection.

The Board may hold a public hearing on any variance application if it is determined
that there would be substantial objection to the granting of the variance. Before a denialy
of a variance becomes effective, the Board must hold a public hearing if it is requested by
the municipality.

Applications for variances from ambient air quality and emission standards may
be submitted to the Board by any person owning or operating an air contamination source.
No variance is granted in this case unless a public hearing is held in the municipality
where the air pollution source is located.

If a complaint is made to the Board as a result of granting a variance., a public
hearing on the complaint must be held before granting an application for renewal. Any
person adversely affected by a Board decision in variance cases can obtain judicial re-
vi ew.

Source Surveillance

The Department monitors air pollution sources to ensure their compliance with
regulations and emission standards it has adoptede All licensed sources are inspected at
least once per year by the Department, and in some cases the Department requires self-
monitoring and submission of reports for the purpose of:

a) confirming the accuracy of the emission license data;

b) confirming compliance with the conditions of the emission license;

c) investigating possible violations of emission standards and regulations;

d) updating the emissions inventory.

If violations are noted upon inspection, action will be taken according to Departmental
enforcement procedures.

7.9 SOLID WASTE MANAGEMENT ACT

7.91 SUMMARY

In 1973, the Maine Solid Waste Management Act (Title 38, M.R.S.A.,
Chapter 13) was passed in the regular session of the 1 06th Legislature. The intent
of the Act is to encourage programs that will reduce the volume of solid waste, pro-
mote the reuse and recovery of valuable resources, and assure the environmentally
sound disposal of solid waste.

The Solid Waste Management law empowers the Board of Environmental
Protection to adopt regulations regarding the management of solid waste. In for-
mulating these regulations, the Board must consider economic impact, technical
feasibility, and municipal differences created by population, waste volume and
geographic location.

In addition to this authority, the Act grants DEP the power to approve the
siting of solid waste facilities, to provide technical assistance in the different phases
of facility operation once located, and to conduct research into solid waste processes.,
including the examination of recycling methods for solid waste materials.

7.92 HISTORY OF THE SOLID WASTE MANAGEMENT ACT

In 1 9661, the growing need for a systematic approach to solid waste disposal
prompted Governor John Reed to direct the Department of Health & Welfare to initiate
a statewide planning program in the area of solid waste management.

A survey of solid waste management practices in Maine conducted in 1967 and
1968 provided a data base for the Solid Waste Management Draft Plan submitted to
Governor Curtis two years later. The Maine Integrated Collection & Disposal Plan
(MICAD, 1970) recommended continuation of the state solid waste management plan-
ning program and adoption of an integrated collection and disposal system.

Then, in 1973 the 106th Legislature responded with the passage of the Solid
Waste Management Act cited here. The intent of the law was to coordinate a statewide
policy for solid waste management with the discontinuance of open burning practices.
While the open burning of solid waste materials was prohibited under Section 599 of
the Protection and Improvement of Air Act (W .R.S.A. Title 38, Chapter 4), except
in the case of municipalities serving less than I1,000 inhabitants and those applying
for variances from DEP, the Solid Waste Management law provides for the regulation
of alternatives to open burning. Landfill methods of solid waste disposal, replacing
open burning modes of operation, are delineated in the solid waste management regu-
lations.

The regulations promulgated pursuant to the Solid Waste Management Act
become effective Feburary 1, 1976.

164

* ~~7.93 USES AND AREAS REGULATED

Any useless, unwanted or discarded solid material with insufficient liquid
content to be free flowing is regulated by this Act. Examples of such waste are
rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape
refuse. Septic tank sludge and agricultural waste are not regulated by this Act.

Any solid waste disposal facility or land area, structure, or combination of
land area and structures., including dumps used for the handling of solid wastes are
similarly subject to the regulations authorized by this Act.

The solid waste management regulations promulgated pursuant to section 1304
of the Act govern the following areas: (I1) resource recovery activity, (2) incineration,
(3) storage and tra nsfer facilities, and (4) land disposal.

First, each person operating a facility for resource recovery purposes is
required to submit a plan to DEP to review for health, safety, and environmental
soundness. The plan should describe operational items such as the nature and volume
of material to be recovered, location of processing and storage facilities, safety
equipment and procedures available. Residual from resource recovery activity will be
subject to the land disposal regulations adopted pursuant to this law and/or to regu-
lations pursuant to the water quality law.

Second, the solid waste management regulations specify that incinerator
emissions be subject to Air Quality Control Regulations, while the disposal of
residuals from incineration is subject to the regulations under thi's and the water
quality low. A plan for the operation of incinerators or other similar burning equip-
ment, indicating the manner in which the equipment will be integrated into the solid
waste system, must be presented to the Department for review and approval.

Third, municipal and/or regional solid waste storage and transfer facilities
must be approved by the DEP which also inspects their operation.

Fourth, land disposal is recognized by the Department as the common method
of waste disposal in the state. Because of the potential for significant environmental
damage, detailed regulations have been written. Facilities operating prior to October,
1973., which have not attained the standards established by the Department are required
to follow closing procedures set out by DEP. The compliance schedule includes the
subm ission of a closing plan 30 days prior to the start of closing operations. In addition,
the public must be notified of the closing at least 30 days in advance. Final inspection
is conducted and certification of completion awarded one year after closing, if
closing procedures have been adhered to.

Siting approval of solid waste facilities is an important aspect of DEP's
regulatory function. Although the Department recognizes the variability of physical
conditions in carrying out disposal activities throughout the state, certain criteria

have been developed to protect ground and surface water resources. The major criteri�
include:

1 ) surficial material soils must consist of well-graded granular material
containing from 15-40% fines and relatively free of cobbles,

2) all refuse must be placed at least 5 feet above groundwater,

3) site sloping must be less than 15%

4) site boundary limits must not be closer than 300 feet to a classified
body of water,

5) site boundary limit must not be closer than 1,000 feet to the nearest
residence or potable water supply.

DEP may grant approval for sitlng of facilities even in cases where criteria are not
met, provided that surface and groundwater resources are protected. On the other hand,
DEP may deny approval if the criteria are met but surface and/or groundwater are not pro-
tected.
For proposed new sites or significant expansions of current sites, DEP requires
that site maps, hydrologic/geologic/soils information and boring or test pit logs must
be submitted to the Department for approval.

The Department has established criteria for the operations of varied solid
waste disposal facilities. The following table provides a comparison of the standard
and conditional operating criteria for facilities serving over and less than 5,000
people and facilities receiving less than 10 tons per week.

166

OPERATING CRITERIA COMPARISON
APPENDIX A

STANDARD EONDITIONAL CONDITIONAL
Over 5,000 Less Than 5,00 10 Ton/Week or Less
People Open Weekly day/week operation
1. All Normal Domestic And
Commercial Wastes Accepted YES YES YES

2. Junked Vehicle & White
Goods Seperate Area YES YES YES

3. Salvaging by Permits 'ES YES YES

4. Attendant - During all
Operating Hours. YES YES YES

5. Special Hazardous Waste
Provision YES CONDITIONAL CONDITIONAL

6. Communication With Fire
Dept., Medical arid Law YES YES NO

7. Fire Control Facilities
Shall Be Provided YES YES YES

8. Fences & Gates YES YES YES

9. Final Grade Compliance YES NO NO

10. Hot Load Area YES YES NO

11. Disposal Area-Well Drained YES YES YES

12. Litter Fencing as Needed YES YES YES

13. All-Weather Access Road YES YES NO

14. Face Width Restricted YES YES YES

15. Operating Records YES YES NO

16. Equipment Required YES YES YES

17. Maintenance Back-up Equip. 48'HOURS 1 WEEK 1 WEEK

18. Daily Cover
All Year (every day) YES NO NO
April 1 - Dec. 15 YES YES(every 2 weeks)
Dec. 16 - March 31 NO NO

19. Intermedia.te Cover YES YES ONCE IN SPRING,
(Every l1 Days) ONCE IN FALL

20. Final Cover YES YES WITHIN 30 YES AS REQUIRED
DAYS OF' FINAL
REFUSE PLACEMENT
21. Operation Manual YES YES YES

22. Occurrence Reports YES YES YES

The Dep-artment of Environmental Protection is the state authority designated
to administer this Act. The Board of the Department promulgates regulations, following
the hD!ding of public hearings as specified in Section 351 of Chapter 3, Title 38, to as-
sist in the management of solid waste throughout the state. The Division of Solid Wasto
Management has the responsibility to:

a. provide technical assistance in the location, proper design, and operation
of solid waste facilities;

b. conduct impact studies to delineate the problems with existing solid
waste facilities and to recommend appropriate remedial action;

c. provide support through federal contracts for innovative projects in
the area of solid waste management;

d. assu-e compliance with state and federal solid waste management standards.

The Board is authorized to issue standard and conditional use permits for
solid waste activities. The applications for permits are submitted an standard ap-
plication forms to the Departme.it's Division of Review and Planning. The staff of
the Division reviews the application for completeness, prepares a summary of the
information, and distributes it to the followving Review Agencies for comment: the
Soil and Water Conservation Commission, the Regional Planning Commissions, and
the Department of Inland Fisheries and Wildlife. After the review comments are
received, the staff of the Review and Planning Division develop recommendations to
be submitted to the Board for approval, approval with conditions, or denial. The
order is mailed to the applicant within 30 days of submission of the application for
permit.

Upon proper application, the Board may issue conditional use permits for
the disposal of domestic and commercial solid waste an:d small quantities of non-
hazardou; industrial waste to facilities serving less than 5,003 persons and facilities
receiving less than 10 tons per week. These permits differ from the standard use
permits issued for facilities serving aver 5,000 people in that they required reduced
operating criteria (listed in section 7.93).

If the construction, operation, anad maintenance of the solid waste facility
are nas according to the terms of the Conditional Use Permit, the permittee is given
33 days from the mnailing date of the violation notice signed by the Commissioner to
comply. The violation notification is sent certified mail with return receipt requested.
If the operator of the facility does not comply within 30 days, the Board may revoke
the Conditional Use Permit. If the Commissioner determines that an emergency
situation exists, he may revoke the permit without allowing 30 days to correct the
deficiencies.

Aggrieved applicants may appeal Board decisions within 10 days by sub-
mitting an Adninistrative Appeal to the Board. The applicant has 30 days to request
a public hearing. If the Board upholds its decision, the applicant may appeal the
decision to Superior Cou-t within 30 Jays.

168

The Board is also empowered through the solid waste regulations adopted
pursuant to this law to grant variances from these regulations when proper application
is submitted to the Solid Waste Management Division staff for review and recom-
mendation for action to the Board. The Board may grant the variance for whatever
period it deems appropriate on the basis of the following criteria:

a. protection of human health and safety;
b. preservation of envirorwnental quality;
c. compliance with regulations for which a variance is sought would
produce serious hardship;
d. proposal of a reasonable and environmentally sound alternative.

The Solid Waste Management Act prescribes administrative responsibilities
for municipalities as well. Municipalities are required to submit status reports to
DEP for review. The reports must contain information on the location of, ordinances
or regulations adopted for, legal arrangements established for, and/or management
plans officially adopted For solid waste disposal facilities.

Municipalities have the right to enact ordinances regulating the disposal
of solid waste to the extent that such ordinances are consistent with the provisions
of this law.

169

7.10 STREAM ALTERATION ACT

7.101 SUMMARY

The Alteration of Rivers, Streams, and Brooks Act, 12 M.R.S.A., Sec.
2206 - 2212, was passed in 1974 by the Regular Session of the 106th Maine Legisla-
ture, replacing the Bulldozing of Rivers, Streams, and Brooks Act of 1954. Activities
regulated by the Act include dredging, filling, and the construction of permanent
structures on, in, over, or adjacent to any river, stream, or brook above the head
of tide. The law requires that any person or other legal entity proposing such an
activity first obtain a permit.

The purpose of the Act is to assure that such activities do not unreasormbly:
(1) cause soil erosion, (2) interfere with existing navigational or recreational uses;
(3) harm fish or wildlife habitat; (4) damage the natural setting of the area, or (5)
lower the quality of any waters.

Permits for alterations may be issued by the Commissioner of the Department
of Inland Fisheries and Wildlife, provided that an application is filed with the Depart-
ment and the proposed alterations are found to be consistent with the standards in the
Act.

7.102 HISTORY

Maine's rivers, streams, and brooks have long been recognized as important
navigation and recreation corridors, spawning and nursery grounds for fish and other
wildlife, and valuable water supplies. In 1954 the Bulldozing of Rivers, Streams, and
Brooks Act, 12 M.R.S.A. J 2205, was passed by the Regular Session of the 96th Maine
Legislature to aid in the protection of the flowing, navigable waters in the unorganized
territories of the state.

The Bulldozing Act, administered by what was then called the Maine Depart-
ment of Inland Fish and Game, required permission from the Commissioner of the Depart-
ment prior to any bulldozing between the banks in excess of 1000 feet. This law was en-
forceable and carried fines of not less than $100 nor more than $500 for each violation.
In 1957 the law was amended to include all navigable waters in the state and all bull-
dozing between the banks in excess of 500 feet.
The Bulldozing Law provided some degree of protection against soil erosion
and sedimentation and fish and wildlife habitat destruction in the state's rivers and
streams; yet, since it had limited jurisdiction and was limited to bulldozing activities
only, it was not totally effective in protecting these waters from sedimentation, construc-
tion activities, and habitat destruction.

In 1971 the Bulldozing Law was rewritten to include dredging and filling
activities as well as bulldozing between the banks of a navigable watercourse. Exemptiors
were included for any public works project altering not more than 200 feet of shore and
any private crossing or dam project altering not more than 100 feet of shore.

The present Alteration of Rivers, Streams, and Brooks Act (12 M.R.S.A. 1 22C
2212) was passed in 1974 by the 106th Legislature in order to: (1) enlarge the scope of

170

the Department's regulatory authority along rivers and streams, and (2) revise
the law to afford the same degree of protection to flowing waters as was given
to ponds and lakes in the Great Ponds Act (12 M.R.S.A. i 422) enacted in 1972.

To date, the only significant amendment to the law was the insertion,
in 1975, of 'above head of tide' in describing activities regulated by the Act.
Similar activities conducted below head of tide come under the jurisdiction of the
Board of Environmental Protection under the Coastal Wetlands Act, passed by the
same session in 1975 under 38 M.R.S.A. � 471-478.

7.103 USES AND AREAS REGULATED

Generally, the Stream Alteration Act regulates all dredging and fillirg
activities, and all permanent structures erected above the head of tide, in, on,
over, or adjacent to any river, stream, or brook in such a manner that any dredged
soil, fill, or structure may fall or be washed into the water. All individual persons,
firms, corporations, municipalities, state agencies, or other legal entities proposing
such a project are subject to regulation under this law.

Activities most commonly requiring permits under the law include dredge
and fill operations, the construction of causeways, bridges, sewer lines, marinas,
docks, wharves, dams, and other permanent structures, streamside stabilization activ-
ities, rind intermittent stronm diverstinns relned tn. ron.struction activtties.
Streams or brooks protected under the Act must have a defined stream
channel at the site of the proposed activity. A stream channel is commonly identified
as having defined banks created by water action and having a bed devoid of topsoil
and terrestial vegetation which contains water borne deposits or exposed soil parent
material or bedrock.

The Stream Alteration Act exempts from its jurisdiction any river, stream,
or brook crossings connected with public works projects which do not alter more than
a total of 300 feet in any mile of shore. Also exempted ate private crossings or dam
projects which do not alter more than 100 feet in any mile of shore. Alterations of
both shores of the river, stream, or brook are combined in arriving at a total shore
footage.

This law does not apply to emergency repairs, maintenance of railroad
structures, track, or roadbed within the located right-of-way of any railroad.

7.104 ADMINISTRATION

A permit from the Department of Inland Fisheries and Wildlife is required
prior to the commencement of any activity regulated under this Act. Although it is
the responsibility of the person or legal entity planning the stream alteration to deter-
mine whether or not it is necessary to submit an application for a permit, the Department
stnff will answer any questions a person may have concerning this decision.
Application forms and instructions for projects proposed in the organized
areas of the state are available from the Department. In an effort to streamline permit
procedures in the unorganized areas, applications are available from the Land Use

Regulation Commission. Applicants must indicate the location of the proposed
project on the appropriate USGS topographic map and provide a sketch of the
proposed project, including cross sections of structures and the names of abutting
property owners. The applicant must also describe the present use of the shore-
land, the project itself, and any measures which will be taken to protect the
surrounding area from any adverse effects of the project. No application fee
is required.

The applicant must also send a copy of the application and legal notice
to the Planning Board or Municipal Officers of the town, informing them that an
application for a stream alteration permit is being filed with the Department of
Inland Fisheries and Wildlife. Interested parties have 15 days after the date of
submission of the application to submit written comments.

When the application is received by the Department, it is checked for
completeness and assigned an application number. An on-site inspection is made
of the project area by a biologist of the Department and; when deemed appropriate,
by other agencies. After the review comments are received,
the application is acted upon by the Commissioner of the Department of Inland
Fisheries and Wildlife.

A permit is granted if the applicant demonstrates, to the satisfaction of
the Commissioner, that the proposed activity will not unreasonably interfere with
the existing recreational and navigational uses; nor cause unreasonable soil erosion;
nor unreasonably interfere with the natural flow of any waters; nor unreasonably
harm any fish or wildlife habitat; nor lower the quality of any waters. Permits may
be either approved, approved with conditions, denied, or recommended for further
review at a public hearing at a specified date. Projects are inspected for compliance
with conditions after the work is completed.

If the application is denied, the applicant may file a notice of appeal
within 30 days. The Commissioner may, within 30 days of receipt of the notice of
appeal, provide the applicant with the opportunity for a hearing. Anyone aggrieved
by any order or decision of the Commissioner in regard to any matter upon which
there was a hearing may, within 30 days, appeal to the Superior Court. The Court's
review is limited to questions of law and to whether the Commissioner acted properly
and within the scope of his authority. The Commissioner's decision is final as long
as it is supported by substantial evidence. The Court may affirm, reverse, or remand
the Commissioner's decision for further proceedings.

Any person or other legal entity who fills, dredges, alters, or erects a per-
manent structure within an area protected by this law, without a permit or contrary
to the conditions of a permit, is subject to a fine for the violation of not more than
$200 for each day of violation. In the event of a violation, the Attorney General
may institute proceedings to prevent further violation and to compel restoration of the
affected area to its prior condition.

172

7.110 OIL DISCHARGE PREVENTION AND POLLUTION CONTROL
(COASTAL CONVEYANCE OF PETROLEUM ACT)

7.111 SUMMARY

The purpose of the Act (38 M.R.S.A. �9 344-349; 541-557, 560) is to protect
the coast of Maine from damage caused by oil spillage. Emphasis is on prevention,
immediate clean-up reaction when spills do occur, and providing compensation for
damages to property owners.

To accomplish its purpose, the Act employs the police power of the State
to prohibit the unlicensed discharge of oil and to regulate the manner in which
transfers of oil are conducted. Licenses to transfer oil between vessels and terminal
facilities carry operating safety conditions and require payment of fees based on the
volume of oil transferred. Vessel to vessel transfers must also be licensed.

The Act also creates the Coastal Protection Fund, limited to $6,000,000,
generated by the collection of license fees and penalties which is used to pay administra-
tive expenses, costs of clean-up, and third party damages.

Research and development in the causes, effects, and removal of oil pollution
relative to the marine environment costing up to $1 00, 000 per year may also be charged
to the Fund.

A capability to act immediately upon reports of prohibited or unexplained
discharges of oil is provided for in the Act, which also charges the administering
agency - the Maine Department of Environmental Protection - to remove or direct
the removal of discharges reported.

Anchoraje for more than seven days in Maine waters of vessels designed or
used to carry oil as cargo is subject to regulation and requires a license from the Board
of Environmental Protection.

7.112 HISTORY

In 1963 the grounding of the Northern Gulf on West Cod Ledge in Casco
Bay demonstrated the threat to Maine's coast posed by the heavy oil tanker traffic
entering and leaving Maine waters.

In 1967 the catastrophic potential of a large oil spill was further demonstrated
by the Torrey Canyon disaster.

The 1970 Maine Legislature passed the Coastal Conveyance of Petroleum Act
to deal with the threat to the Maine coast. The constitutionality of the Act was im-
mediately challenged in regard to holding an oil terminal operator liable for acts or
omissions of its carriers, both arriving and departing in state waters. The case went
to the U. S. Supreme Court, which eventually upheld the Maine law.

1 7'A

In 1972 the Tamano incident in Casco Bay demonstrated the need of the
Maine law in dealing with a large spill promptly, both as to cleanup and settlement
of damage claims without having to wait for extended litigation over complex legal a
issues.

In 1977 the law was clarified to cover all oil spills within the State, inland
as well as coastal. Ground waters as well as surface waters are protected,

7.113 USES AND AREAS REGULATED

The unlicensed discharge of oil into the following areas is prohibited:

- coastal waters extending 12 miles seaward *
- estuaries
- tidal flats
- beaches
- lands adjoining the seacoast
- rivers, streams
- sewers, surface water drains
- other waters of the State

In order to reduce the likelihood of oil spills, regulation by means of at-
taching specified safety operating conditions to licenses is required of operators of
all oil terminal facilities with a storage capacity of 500 barrels or more.

In addition to the transfer of oil between vessels and oil termin3l facilities,
related activities which are also subject to regulation are the operation of oil carrying
vessels, barges, tugs, motor vehicles and other equipment used by terminals and re-
fineries.

Moreover, the operation of arriving and departing vessels carrying Dil to
or from terminals is subject to terminal license conditions while within 12 miles from
the coastline of the State. Terminals are held strictly liable for spills from their carriers.

7.114 ADMINISTRATION

Responsibilities for carrying ou" the Oil Discharge Prevention and Pollution
Control Act are distributed among several agencies. Hearings are held and major
decisions concerning licenses, conditions on licenses, and violations are made by the
Board of Enzironmental Protection. (The organization of the DEP is described in
Section 9.5 of the Application.)

Day to day administration of licensing, oil spill cleanups, Coastal Fund
activity, research and development and third party claims is carried out under
direction of the Commissioner of the Department of Environmental Protection by
the Division of Oil Conveyance Services.

* The application of this Act beyond 3 miles does not extend the Seaward Boundary of
the Coastal Zone. (See Appendix B2.)
174

The Maine Attorney General is charged with enforcing all orders of the
Board of En uironmental Protection; Superior Court hears appeals from BEP decisions;
and both the Commissioner of the Maine Department of Marine Resources and the
Commander of the U. S. Coast Guard must be solicited for advice before adoption
of anchorage regulations.

The Oil Conveyance Services Division of the Department of Environmental
Protection maintains offices in Portland, Bangor, and Augusta. At the Portland office
a 24-hour, toll-free telephone number receives oil spill reports. A radio communications
network covers the entire coast. Equipment including work boats, oil skimmers, con-
tainment boom, and oil sorbents is stored in Calais, Rockland, Portland and other
cities. Contractors have standby agreements with the DEP to clean up oil spills. Oil
spill cooperatives made up of oil handling companies have been formed and have ac-
quired equipmenl and pooled labor to respond to oil spill emergencies, notably in the
upper Penobscot Bay area, as well as in Rockland-Camden and Portland.

Violators of laws administered by the Department of Environmental Protection
are subject to criminal penalties of up to $25,000 per day and civil penalties of up
to $10,000 per day. Any person falsifying statements when applying for or reporting
as required under a license, or tampering with monitoring devices is, upon conviction,
subject to a fine of not more than $10,000, or by imprisonment for not more than 6
months, or both.

7.12 MARINE RESOURCES MANAGEMENT LAW

7.121 SUMMARY

The Regulations for the Conservation of Marine Species Act (12 M.R.S.A.
3504) provides the Commissioner of the Department of Marine Resources with the
authority to make regulations assuring the conservation of marine resources in any
of the coastal waters or flats of the State.

The purpose of the Law, also called the Marine Resources Management Law,
is to protect any of the renewable marine resources of the State through enforceable
regulations regarding the time, method, number, weight, length and location where a
species is taken.
The adoption of regulations may be initiated by (A) declaration of emer-
gency by the Commissioner, (B) by petition, or (C) by the initiative of the Commissioner.
The proceedure for adoption of regulations is outlined in 12 M.R.S.A. � 3505.

7.122 HISTORY

The Commissioner of the Department of Marine Resources (formerly known
as the Department of Sea and Shore Fisheries) was first granted regulation authority
for fisheries conservation in 1917 (Laws of Maine of 1917, Ch. 293 9 3, 4, 6).

In the past, when most commercial species were abundant, little use was
made of this law. Regulations on marine fisheries were more commonly enacted by the
Legislature after initiation by industry and advice from the Commissioner. The Law,
presently entitled 'Conservation of Certain Marine Species - Regulations' in Title 12,
M.R.S.A. 3504, was amended in 1973 to include "length" and "location" as methods
by which taking may be limited, and to allow the Commissioner to adopt regulations
at his own initiative (1973 Ch. 513, �5 11, 12). An Advisory Council composed of
nine members engaged in commercial marine resource activities may advise the Com-
missioner on regulations prior to their adoption.

In recent years the importance and implications of this law have increased
due to increased fishing pressure, loss of marine and intertidal habitat from pollution
caused by coastal population and industrial growth.

The Department is presently compiling data and management recommendations
on the herring, shellfish, and lobster fisheries in the coastal area, from which regulations re-
quired for conservation purposes will be promulgated. The Department is also considering
management of the state's finfish resources pursuant to this authority.

176

7.123 USES AND AREAS REGULATED

The Law provides for the protection of all renewable marine resources,
including fish, shellfish, marine worms, marine plants, and the entire ecology and
habitat supporting the organisms in conjunction with the Department's overallI respon-
sibi lily to promote and develop the Maine coastal fishing industries.

Regulations may be promulgated regarding any one or more of the following if
not covered by specific statutes en;3cted by the Legislature:

A. The time taken;,
B. The method by which taken;
C. The number taken;
D. The weight taken;
E. The length;
F. The location.
Regulations may apply to the taking of marine species in any of the coastal waters
or flats of the State and waters outside the State involving fishermen licensed in the State of
Maine (or fishermen using vessels registered for purposes of Maine's Marine Resources Law,
12 MRSA �5 36, 3401).

7.124 ADMINISTRATION

The procedure for the adoption of the regulations authorized in the Act are
provided in Section 3505 (12 M.R.S.A.) entitled: Procedure For Adoption of Regulations.

Adoption of regulations may be initiated by one of three methods:

A. A declaration of emergency by the Commissioner, stating which species
are affected, the conditions endangering their conservation,, and the locality.

B. A petition submitted to the Commissioner by a majority of the municipal
officers or 25 citizens of the municipality, or by a majority of the county
commissioners where the condition exists. The petition must state which species
are affected., the conditions which endanger conservation, and the location.

C. A declaration by the Commissioner, after investigation, that a regulation
is necessary to conserve marine species or promote their propagation.

Once an emergency is declared, a petition received, or a regulation is
initiated by the Commissioner, a public hearing must be scheduled and adverti ed in
the county in which the regulation i's proposed. If a petition is received, a hearing must
be held within 30Odays.

After the hearing, the Commissioner must adopt a regulation to remedy the
danger proven to exist at the hearing. After adoption of a regulation, it is filed with
the Secretary of State or with the Superior Court and published in a newspaper published
in the county where the regulation is to be enforced.
177

A regulation adopted at the initiation of a petition becomes effective on
the first day of January following newspaper publication. A regulation adopted under
a declaration of emergency by the Commissioner or of his own initiative becomes ef-
fective the .day following publication unless specified otherwise in the regulation.

Once effective, a regulation has the force of law. Enforcement is carried
out by wardens of the Department.

178

Section

Section Title Contents of Section Section Number

~~I ~~~NTRODUCTION ~- The purpose of and format
INTRODUCTION for this document

SUMMARY - The highlights of 2
Moine's Coastal Program

BACKGROUND - How Moine's program developed
through strong citizen participation 3

COASTAL IS SU ES..4
~~~~~COASTAL ISSUES ~- A generol description of resource 4
and resource development issues
and enhanced local involvement
through program funding

MAIN E'S
COASTAL PROGRAM

o OVERVIEW OF THE
COAST AND THE A description 5
PROGRAM

- Funding policies
- Policies for issues of broad concern
* POLI Cl ES- Administrative policies development 6
- Economic policy
- Development and natural resource
policies based on existing Maine laws

* THE CORE OF - Adescription of the lows, the areoas
TH E PROGRAM: and uses they regulhte and how they 7
THE PROGRAM: ~~~~~~are administered7
11 LAWS

o TH E PROGRAM FOR How funds will be alloaetoows
I MFROVI NG R ESOURCE special projects RPCs ond state
PLANNI NG AND Zb~~~~~geencsiejs and how rhe program will
MA NAG EM ENT
- Background information to supplement
* ORGANIZATION theaove pimoriy forusebypeons9
interested in how Maine's prooam
meeh OCZM requirements

8. THE PROGRAM FOR IMPROVING COASTAL RESOURCE PLANNING AND
MANAGEMENT IN MAINE

8.1 INTRODUCTION

This section describes what will be done with 306 funding to improve coastal
resource management in Maine if this program is approved by the Office of Coastal Zone
Management., As discussed earlier, because Maine initiated the land use programs
described in Section 7 several years ago, the new activities should be seen as supple-
mental to existing ones. To use the analogy made earlier, the fabric' of the program
results from weaving together existing programs, e.g.", Site Location Law administration,
Coastal Wetlands Law administration,, and others, with the new projects that willI result
from the program.

While the new projects will address improving the implementation of existing laws,
th ey will also address related issues that are much broader in scope. Exampl es of such
projects include: improving the producitvity of shellfish; improving the implementation
of local plans and ordinances; guiding developmentbI appropriate locations considering
factors broader than those in existing laws; and improving the prospects for those economic
activities that are the most beneficial for the coastal area. Both types of efforts are needed
for a balanced and effective program.

This section describes not only the types of activities that will be undertaken as
parts of the program but also the amount of funding they will receive if the program is
funded at the $1,F200,000 level. The amounts allocated to the different categories of
activities reflect where, in the judgment of the people of the State of Maine, the new
funds could be used most advantageously.

As detailed subsequently, local resource planning and management projects will
get the greatest amount of funding. One rationale for taking this course of action is that
while the administration and implementation of existing laws on the state level already
receives substantial funding (approximately $3, 000, 000 per y.!ar statewide), local resource
planning, management, implementation, and administrative activities receive little or no
state or federal funding specifically earmarked for these purposes.

SUMMARY OF THIS SECTION

The direction for Maine's program for improving resource planning and management
is based on what Maine's coastal residents have said they want.

The State Planning Office has held more than thirty-five
meetings with coastal residents, coastal legislators, coastal town officials, and business
and conservation interests; further, it has mailed out over 1,900 copies of informational

reports and received hundreds of replies to questionnaires. The purpose of these meetings
and surveys has been to inform the people of the coast as to what Maine's Coastal Program
has achieved, describe options for the future, and find out what direction and priorities
they perceive as being important to the Program.

The majority of these coastal residents contacted:
- Believe that the majority of federal funds should be allocated
for local projects to improve resource use;
- Recognize that there are issues, of more than local concern to
the future of the coast, that should be addressed.

Funds allocated to Maine under Section 306 will, therefore, be used largely to
support local projects to improve resource use in the coastal area to develop recommenda-
tions for refinements in the policies on issues of broad concern, and to improve the im-
plementation of existing programs which deal with these issues. In addition, funds will
be allocated to continue ongoing technical assistance programs, and to the State Planning
Office for program administration. It is important to remember that for Maine to qualify
for funding, no new federal or state laws will be required.

The federal funds available to Maine's Coastal Program under Section 306 of the
Coastal Zone Management Act will be administered by the State Planning Office with
policy direction established by the Committee on Coastal Development and Conservation.

Funds available for coastal land and water use planning projects and management
programs at the local, regional, county, and state levels will be allocated in the follow-
ing way:

State Planning Office Coastal Towns $800, oo*

* Administration of 306 Funds to be used for resource
* Technical Assistance planning and management projects.
Infoimition. Services $640,000for Formula Grants for:
$123,000* � Ordinances and legal assistance
� Tax mapping
Vqryuso Ag�eis * Comprehensive planning
Vqious Agencies 66% * Resource management
of Govemrnmen �l Economic development planning
7% $160,000for Supplemental Grants
1Sp WcaI Prcjects: to encourage towns to work to-
* lo stare, county, gether and for special and high
regional, or private priority projecs.
nyencies for improved
cdministration of
existing laws
* for resource management
projects of greater than Regonal Planning Comm ssions
local significance
* refinements of policies � * Technical Assistance to Towns
on coastal problems. � Work on Regional Issues
$196,000* $81,00*0

* When the program was first proposed Maine assumed it would be eligible for $1.5
million. However, we will not know for certain how much money Maine will receive
until our financial application is approved.
182

* * Under the allocation procedure outlined in the diagram, the decisions con-
cerning the standards or criteria For acceptable projects will rest with the Committee on
Coastal Development and Conservation (C.C.D.C.). The C.C.D.C. will advise the
State Planning Office on priorities for the funding of projects.

* The State Planning Office will make final funding decisions and award
and administer contracts.

� FORMULA GRANTS will be assured those coastal towns that choose to
participate, provided they meet minimum guidelines and propose to undertake
eligible projects. No matching grant will be required. Formula grants may be
used, at the discretion of local officials, to fund regional planning commission
projects that benefit the coastal towns. (See Section 8.31)

� SUPPLEMENTAL GRANTS are also available to coastal towns. These supple-
mental monies will be available to coastal towns, in addition to those available
under the Formula procedure, for projects involving two or more towns acting to-
gether for common ends and for special or high priority projects to be undertaken
by one town. The purpose is to encourage towns to work together and to set aside
funds for those coastal towns that, in the judgment of the Committee on Coastal
Development and Crnservation, propose projects for which there is a special need,
beyond that which can be met by a Formula Grant. (See Section 8.32)

* SPECIAL PROJECT funds will be awarded at the discretion of the State Planning
Office with the advice of the Committee on Coastal Development and Conservation,
according to established criteria. Priority will be given to projects that meet certain
criteria, and matching funds will be required. (See Section 8.4)

0 Funds will also be used to develop recommendations for refinements in the
policies regarding such issues as Outer Continental Shelf oil and gas development and
heavy industrial siting.. This work will be done by a variety of agencies and organi-
zations and will be coordinated by the Committee on Coastal Development and Conservation.

� REGIONAL PLANNING COMMISSIONS will be required to provide matching
grants of 20%.

� THE STATE PLANNING OFFICE will retain 10% of the total OCZM grant
for administration of the program-and for technical assistance and contractual work.
(See Section 8.2)
� In addition to the funds discussed above which constitute the regular funding for
Maine's 306 Program, the Office of Coastal Zone Management is committing approximately
$100,000 as a supplement to the program. The federal office is directing that these funds
be used to improve the administration/implementation of the core laws, particularly the
Site Location of Development Law, by the Department of Environmental Protection. This
funding is discussed in more detail in Section 8.6.

1.83

FUNDING PROGPRAMS AVAILABLE TO MAINE AGENCIES OF GOVERNMENT

GRANT AND MONEY AVAILABLE

AGENCY Formula Supplemental Special Planning & Policy Admin.
Grant Grant Pro ects Technical Analysis
$640,000* $160,000* $19,000* Services (included $123 000*
$81,000* in Special
Projects amt)
Coastal Towns Yes Yes No Indirectly1 No No
(in organized areas
of State)

County No No Yes Indirectly2 No No

RPC's Indirectly3 Indirectly3 Yes Yes No No

State Agencies No No Yes No Yes Yes4

Other5 No No Yes No No No

1 Coastal towns cannot apply for these funds, however, they do benefit as the RPC's
function to serve towns in this region.

2 Counties cannot apply, but they benefit indirectly from RPC activities.

3 RPC's (and others) may subcontract services to towns.

4 Primarily the State Planning Office

5 This includes Resource Conservation and Development districts and public and private
groups, provided the project serves a public purpose and meets eligibility criteria.

184

Linkages Between the Proposed Projects and the Existing Laws

While the new activities proposed to be undertaken with 306 funds are broader in
scope than just implementing the core laws, there are, nonetheless, important direct
and indirect relationships between these activities and the laws. A few of the most
important relationships are as follows:

First, some of the activities will directly involve improved implementation of the
core laws. Many towns have expressed their interest in using local grants to prepare
subdivision ordinances, improve zoning ordinances, including those covering shore-
lands, and hiring town employees to carry out municipal responsibilities for im-
plementation under the core laws. Further, with the availability of substantial
funding, additional coastal towns will likely assume the responsibility for admin-
istering the Coastal Wetlands Law and portions of the Site Location Law. As
pointed out in Section 7, the option of administering these laws is available to towns
which meet DEP requirements.

Secondly, providing information and technical assistance at the state, regional, and
local levels will result in improved decisions by developers regarding the location
of facilities and their design. Further, a number of localities have expressed in-
terest in projects that will serve to guide development to the most appropriate lo-
cations considering natural resources, social and economic conditions. Both of these
types of activities will result in improved proposals for development for review under
the core laws.

Thirdly, technical assistance which will be available from the state and regions will
enable coastal municipalities to carry out their core law responsibilities more effectively.
For example, having technical assistance available for reviewing a large subdivision
proposal is very important to many of the small towns in coastal Maine. Most of Maine's
coastal towns have less than 2,000 people. In these communities the subdivision law and
shoreland zoning ordinance are typically administered by the planning board, which is
made up of part-time volunteers who generally have no experience in land use planning.
Further, the availability of technical assistance to the towns will enable them to
present local interests more effectively to state agencies which administer core laws.

Fourth, many towns have expressed interest in either preparing or improving their
town land use and capital improvement plans. When implemented, these plans will
provide an important framework or context for the local administration of the core
laws. For example, decisions made under Shoreland Zoning or under the Land Sub-
division Law should be made consistent with town plans. In fact, for a town to have
its own legally adopted Shoreland Zoning ordinance as imposed by the state, it must
have an adequate land use plan.

Fifth, several of the policy issues to be investigated and a number of projects that towns
have indicated they wish to undertake will be aimed at improving the prospects for seg-
ments of the coastal economy which are most beneficial because they provide jobs,
while maintaining or improving social and environmental conditions. These activities
will encourage the types of development which are most compatible wirh the core laws.
Further, they should relieve pressures for other kinds of economi c activitieswhich are
not so beneficial� In addition, increasing the productivity of Maine's coastal resources,
e.g., shellfish, will link Maine's coastal residents even more closely to their environ-
ment and reintorce its importance in their decision making,

8.2 THE ROLE OF THE STATE PLANNING OFFICE

About 10% of the total Office of Coastal Zone Management grant expected will be needed
by the State Planning Office to administer the program effectively.

The State Planning Office will have the principal responsibility for coordinating the
activities which further the goals and policies of Maine's Coastal Program. It will assure
that the coastal management activities of the various state, local, and regional agencies
achieve a balance between conservation and development, and the policies as expressed by
the Governor, the Maine Legislature, and the Congress in the federal Coastal Zone Manage-
ment Act.

The general functions of the State Planning Office are described in Section 9.3.
Its role as the designated state agency for coastal management includes identi-
fication of problems, conflicts, and issues needing policy refinement; administration of funds
for implementing the Coastal Program, monitoring the functions of the core law agencies
to assure meeting the objectives of the Coastal Program, and coordinating the state's
functions in the federal consistency procedures.

The State Planning Office also provides the staff to the Governor's Advisory Com-
mittee on Coastal Development and Conservation (CCDC), The role of the CCDC is
described in Section 9.2, but will be discussed in this section as their role relates to the
functioning of the State Planning Office in carrying out its responsibilities under the
Coastal Program.

Policy Refinement

The State Planning Office will play a lead role in development of recommendations
on policy refinement regarding issues of broad concern. This is the continuation of a process
begun under 305 and is part of a long term responsibility of the state's Coastal Planning
Program. In the course of carrying out its other duties in the Coastal Program, the State
Planning Office keeps track of current development trends, and problems related to coastal
management. Additionally, other state agencies, the legislature, or the Governor may be-
come aware of problems. The Coastal Program staff and the Committee on Coastal Develop-
ment and Conservation (CCDC), through this program, are a focal point in state
government to coordinate state level response to coastal problems. These needs may arise
from new pressures or in the case of beach erosion, unusual storms, or they may arise from
a conflict or problem with some of the existing state policy.

According to the procedure established to date, problems or needs are either
brought to the attention of the CCDC by a letter from the Governor, or the CCDC may
initiate a study itself. The CCDC may either assign a subcommittee to further define
the problem or request that a study report be prepared as a basis for recommendations
for policy changes. Upon receiving a report, the CCDC undertakes a staged discussion
process which includes the Technical Advisory Committee, special interest groups, and
public meetings. Final recommendations, reflecting this input, are submitted to the
Governor for his action.

1 or

Thus, the CCDC provides a forum for executive policy consideration of issues
which affect the entire coast. Although it does not have any decision-making authority
on its own, the CCDC provides amechanism for solving problemns. Curnulatively the
process on policy recommendations provide a framework for a rational and responsive
managem ent of the coast.

Administering the Funds

The State Planning Office.will assure that the funds passed through it to local/state
or private nonprofit organizations will be used to implement the policies of the Coastal
Program. By guidance in applications, the screening of locally selected projects for con-
formance with eligibility criteria and the provision of technical assistance in the work
conducted, the State Planning Office will exercise its leadership in coastal management,

The State Planning Office, through the special projects grants can also encourage
and enhance the functions of state and regional agencies. Projects which lead to improved
management of coastal resources, such as Coastal Islands Registry in the Department of
Conservation, or the improved administration of other existing laws will be encouraged.

Monitoring Implementation

While the land and water use regulatory functions under the eleven core bws are
not carried out by the State Planning Office, it does monitor the activities of these agencies.
In addition to the A-95 review procedure, the State Planning Office will review periodic
reports by the core law agencies and in the course of planning each year's program, discuss
the needs and problaems that the agencies have in adm inistering their laws.

Federal Consistency

The State Poanning Office will also guide and coordinate activities to bring
about federal consistency. The State Planning Office will receive federal agencies'
determination of consistency, forward it for review to core laws agencies, and notify
federal agencies of the state's review. Likewise, the State Planning Office will, using
the A-95 notification procedure, receive and forward notice of other activities subject
to federal consistency. (The complete write up of how the state will conduct federal
consistency review is in Appendix E,)

Coordination

Specific memoranda of agreement with the Department of Environmental Protection,
the Land Use Regulation Commission, the State Development Office, and the Department
of Transportation will assure improved coordination between these agencies and the State
Planning Office by calling for cooperation in dealing with federal consistency evaluations
in the sharing of natural resource inventory information and in assisting persons seeking
suitable development locations. (See Appendix 12a-12c for the memoranda and B4 for a
listing of available resource information.)

In close cooperation with the Coastal Program, the Natural Resource Planning
Division of the State Planning Office also provides staffing for the State's Critical Areas
Program. Under this program, the State Planning Office is working on the preservation
of areas of unusual, natural, scenic, scientific, or historical significance. The purpose
of the program is to identify and document the significance of natural areas. The reports
and recommendations resulting from this work are offered as guidance for the decisions of
private landowners and other decision makers. This allows the State to focus its attention
on signiificant areas for preservation on the coast.

In summary, the role of the State Planning Office is to provide vigorous leadership
and coordination of the coastal resource-related activities of federal, state, regional, and
local government. By the responsible administration of funds, the State Planning Office
can exorcise its leadership in encouraging improved administration of existing laws, pro-
tecting the environment, and promoting resource management activities which enhance the
sound utilization of coastal resources.

188

One of the major goals of Maine's Coastal Program is to encourage resource
planning and management programs at the town level of government. Although rhe
towns have the legal authority to plan and manage their own land and water uses,
they have been hampered by inadequate funding.

By providing $800,000* to coastal towns choosing to conduct resource man-
agement programs during the first year of 306 Funding, the Maine Coastal Program
hopes to provide the funding most needed in the coastal area. Two types of grants
are available only to coastal towns: Formula Grants and Supplemental Grants.

Formula Grants

Coastal towns will be eligible for $640,000*through Formula Grants during
the first year of Funding. These funds will not require a match. The total Formula
funding available to each town will be determined by the Formula described in
Section 8.3. Formula Grants will be available for Funding local resource deveiop-
ment and conservation projects that further the goals of the Coastal Program and
are judged eligible according to criteria in Section 8&311. The towns will set
their own priorities,among eligible projects, as to which should be submitted for
funding.

Supplemental Grants
The remaining $160,000*in funds will be available to towns as Supplemental
Grants. These grants are designed to encourage multi-town cooperative planning,
and to supplement a town's Formula funds where more money is needed for special
or high priority projects. Supplemental Grants for individual town projects will re-
quire a 20% match. Supplemental Grants for joint town efforts will not require a
match.

8.31 FORMULA GRANTS TO TOWNS

Formula Grants are designed to provide money to individual towns for
projects addressing local problems and opportunities. Towns set their own priorities
in choosing among eligible projects. No match will be required for these projects,
however, they must meet basic eligibility criteria.

8.311 ELIGIBLE PROJECTS

Generally, in order to conform with the policies established by Congress in
enacting the Coastal Zone Management Act, Formula Grants will be awarded for
municipal projects which involve planning For, and the management of, coastal re-
sources,.

* When the program was first proposed Maine assumed it would be eligible for $1.5
million. Hlowever, we will not know for certain how much money Maine will receive
until our financial application is approved.

Furthermore, municipal project proposals should be consistent with the ofter
aspects of Maine's Coastal Program.

ELIGIBILIP' CRITERIA
Project applications submitted for a Formula Grant will, therefore, be eligible
if they meet all of the following eligibility criteria:
1. They will further the goals and policies of Maine's Coastal Program.
2. They directly concern the planning for and management of coastal
natural resources.
3. They are supported and signed by the top elected officials of the
towns applying.
4. They maintain or improve environmental quality.
5. They maintain or improve social conditions.
6. They serve a "public" purpose.
7. They are consistent with the town's comprehensive plan and/or any
other long-range plans for the town (if any).
8. They are consistent with state law.
9. They are consistent with any applicable town ordinances.
10. They are technically sound, are based on valid assumptions,
and use effective methods to accomplish their objectives.
11. They make effective use of the relevant information that is avail-
able, and, when applicable, utilize standard codes, terminology,
and reference systems (e.g., State Land Cover Code, Maine Soil
Suitability Guide, etc.).
12. They will be completed within the grant period (grant periods run
for one year).

In cases where there is a dispute over whether a project is eligible, the
Committee on Coastal Development and Conservation shall advise the State Planning
Office on the project's eligibility in light of these criteria.

Projects that propose using Formula monies for construction or the purchase
of land or equipment that is not essential to resource planning and management
activities are not eligible.

In selecting among eligible projects, the State Planning Office and the
Committee on Coastal Development and Conservation encourage towns to give
priority to projects that:

a Lead to the more effective application of existing land and water
use laws through, for example, the improvement of maps, or-
dinances, informational services, project monitoring, enforce-
ment, etc.

190

o Protect nonrenewable resources, such as mineral deposits, from conflicting
land uses which preclude future utilization and economic benefit.

D Promote the management of natural resources on a sustained yield
:.i Cl :.'.:I', .. .'i.?,;''-._~n? c ;:r t:,rCelrF 'c c-ie :cn: .-

Relate to the establishment; refinement and/or implementation of a
comprehensive: ,,, : :,' tiJ .. .. -

o Are hran-ferable and wiil serve as a model for other to:vns.

iill help resolve local natural resource problems that have more
than local i r:c: r

o Promote, through educational programs, a better understanding of
natural systems and their role in land and water use planning and
management.

o Seek to resolve conflicts between competing land uses so that coastal
natural resources are conserved.

o Mesh with problems in adjoining towns and utilize Formula Grant funds
from a number of cooperating towns to study and/or resolve a common
problem (e.g., hire a code enforcement officer to serve three towns,
plan Fr a multi-town dump, etc.).

To assist towns in identifying suitable projects that meet the eleven eligibility
criteria and that conform with some of the suggested priorities above, a list of EXAMPLES
of eligible project~ is included below. The State Planning Office will advise towns
when they are uncertain of a project's eligibility.

EXAMPLES OF ELIGIBLE PROJECTS

Category of Project Project Comment

A. PLANIN ING Port or harbor Such planning should consider
OF ECONOMIC planning alternatives to proposed action
DEVELOPMENT and its impact on the marine
(Note: All projects environment.
must meet eligibility
criteria.) Industrial, Commercial, Such planning should be in
or. Residential develop- accordance with sound plan-
ment planning ning and ecological principles.
Could include development
and/or site selection advisory
service.

Planning for.improved Excmples include: a mancage-
natural resource ment plan to maximize local
utilization Iong-term benefits from wood,
slellfish, agricultural, or nineral
production or utilization.

191

Category of Project Proiect Comment

B. RESOURCE MANAGE- Open space and/or Planning or management studies
MENT AND/OR wildlife habitat of: needed public access points,
CONSERVATION conservation town forest lands, heron rookery
ACTIVITIES protection, etc.
(Note: All projects
must meet eligibility Historic preservation Architectural and/or engineering
criteria.) studies of restoration potential:
studies of economic/tourist bene-
fits of selective preservation: work
to establish historic districts, etc.

Watershed and water Assess existing and future town
supply protection and supply needs, water sources,
management water quality, and causes of
problems: assess the potential
water power sources, etc.

Natural resource Study means to restore areas to
restoration natural state, e.g., wetland fill,
gravel pit restoration, etc.

Agricultural land Planning or management studiesW
conservation agricultural lands; inventories, de-
velopmen t pressures, preservation
'alternayives.

C. TOWN ORDINANCE Subdivision, zoning, sign Could include hiring sub-
PREPARATION control, site plan review, contractor, planner, lawyer,
(Note: All projects etc., ordinances etc., revising, reprinting, up-
must meet eligibility dating and other costs incurred
criteria.) in ordinance preparation.

Building code Preparation of code, printing,
distributing, etc.

Streamline permit Investigate, assess, revise, im-
procedures plement procedures to assure an
efficient, responsive permit
process.

192

Category of Projecr P-oject Comment

* D. DATA COLLECTION Tax map and shcreland Funds could be used 'or com-
AND REFINEMENT zoning map preparation pleting, improving, checking
INote: All projects accuracy of existing town base
must meet eligibility maps; including tax, shoreland
criteria.) zoning, etc., maps.

Socioeconomic data Collect, refine, file, analyze,
etc., current data to determine
trends and needs. Make such data
available through mailing, fact
books, etc.

Soils, geologic, land Inventory information, for example,
use, and other resource to supplement or provide more
data detail than that on State Planning
' Office inventories.

E. PREPARATION OF - Comprehensive plan Funds could be utilized to hire
TOWN PLANS preparation subcontractor (a private firm,
(Note: All projects - Open space and Regional Planning Commission,
must meet eligibility park planning or university), undertake project
criteria,) - Comprehensive capital using local people, or hire in-
improvement planning house town planner.
- Landscape plan for
business district

Fo TOWN ORDINANCE Hire administrator, Person(s) work should be related
ADMINISTRATION lawyer, building code to natural resource management
(Note: All projects officer, shellfish warden, and planning activities undertaken
must meet eligibility etc. by local government.
criteria.)
Hire temporary help Provided such work vill irroleme
or complete planning and research
necessary to resource management.

G. PUBLIC ,A'VNARTENESS. Instruction in data col- Funds could be used to pay
INVOLVEMENLT, A'ID iection, data analysis, instructor of course; course shoul-
EDUC,'TION planning, resource increase awareness of need to
SNote: All projects management chart course for tie Future, coastal
must meet eligibiliry ecosystems, applicable laws, use
criteria .) of maps and other tech n:ical i; -
formation.
-srablisn planning and Distribute maps, zcoklers, coces
0 natural resource infcr- of laws, etc., and crovide advice.
motion service
,-eighten people's caare- Hold public meetings, plreare
ness of coastal issues materials on issues, etc.

193

8.312 DISTRIBUTION OF FORMULA GRANT FUNDS

The $640,000 available to coastal towns through Formula Grants will be
divided among all towns with eligible project proposals. The Formula Grant for
any one town depends on its area, population, and length of coastline, and (with
100 towns applying) would typically provide from $5,200 to $18,400 per town, with
most towns eligible for between $5,600 and $10,400. The formula is illustrated below:

FORMULA GRANT TO COASTAL TOWNS
($640,00 or 80% of the total amount available to coastal towns.)

1 $400,000 + a $80,000 + J $80,000 + s $80,000 = Total grant to a
N AP S particular town

where: N = total number of coastal towns applying for funds
a = area of particular town
A = total area of all coastal towns applying
p = population of particular town
P = total population of all coastal towns applying
s = length of shoreline of particular town
S = total length of shoreline of all coastal towns applying
For example, if 100 towns apply, a typical small town covering 50 square miles with a pop
lation of 1,500 persons, with a shoreline of 30 miles would qualify for about $5,000.

N = 100 towns applying (this is probable based upon response to State
Planning Office questionnaires)
a = 50 square miles
A = 3,400 square miles
= 1 ,500 persons
p = 460,000 persons
s = 33 linear miles
S = 4,000 linear miles

1 ($400,000) + 50 ($80,000) + 1,500 ($80,000) + 30 ($80,000)= $5,095
100 3,40'3 460,000. 4,000

8.313 THE APPLICATION PROCEDURE FOR FORMULA GRANTS

The application procedure will be straightforward and will consist of two
stages:
(1) the filing of a Notice of Intent to apply for Formula Grant funds to the
State Planning Office, and
* When the program was first proposed Maine assumed it would be eligible for $1.5
million. However, we will not know for certain how much money Maine will receive
until our financial application is approved.

194

2) the filing of an Applicction for Formula Grant funds to the Stare
Planning Office.

Notice of Intent forms will be mailed to all towns once the Governor has formally
submitted the program to OCZM for 306 Coastal Zone Management monies. These forms
will be accompanied by guidelines to assist towns in preparing a response and further
assistance will be available from the State Planning Office staff.

The Notice of Intent, filed by each town, should identify the type of
project {or projects) for which funding is sought and should state if the town an-
ticipates applying for a Supplemental Grant (see Section 3.32). The Notice allows
the State Planning Office to determine how many towns intend to apply for grants,
permits them to judge eligibility, and permits the Office to notify each town of the
grant that will be available based on an application of the "formula".

The Formula Grant application form will require:

- the name of the Town;
- the ncme(s) and position(s) of the top elected officials filing the
cappl ication;
- a description of the proposed project, its purpose, and the benefits
the Town will derive from it;
- an explanation of project expenditures and time schedule;
- an explanation of how and why the Town came to select this
particular project(s) for funding and what public purpose it will
serve;
- the authority the Town has to receive monies;
- identification of the person (or Committee or Board) authorized to act
as the Town's "Project Manager" and liaison with the State Planning
Office.

8.314 LOCAL FORMULA GRANT MANAGEMENT RESPONSIBILITIES

Once a Formula Grant proposal is determined to be eligible by the State
Planning Office, it will be incorporated into a contract between the State Planning
Office and the Town. The responsibilities of the Project Manager designated by the town,
Vi l include:

- acceoting and accounting for all money received under the grant;
- disbursing funds in accordance with contract speciricarions, including
the hiring of staff and the letting ana administration of subcontracts; and
- repcting or tie program: progress.

195

A town will receive 33-1/3% of its grant from the State Planning Office when
the contract is signed, 33-1/3% after six months (provided reasonable progress can be
clearly demonstrated in a brief progress report), and 33-1/3% upon the successful
completion of the project and the submission of a report on the work accomplished.

The report should permit the State Planning Office to determine if the
completed project meets the conditions of the contract betwee6 the Town and the
Office. In other words, the State Planning Office must judge that the project has
achieved its stated purpose and goal and meets the eleven eligibility criteria specified
in Section 8.211.

Failure to successfully complete a project will jeopardize future funding
applications. Where funds have been misused, the State Planning Office may request
the Attorney General's office to investigate.

Funds not expended by a Town because of lack of progress or savings will
be returned to the State Planning Office and reassigned or returned to the Office of
Coastal Zone Management.

196

8.32 SUPPLEMENTAL GRANTS

Two hundred thousand dollars in Supplemental Grants will be made available
to individual towns requiring funding, beyond that provided by the Formula, for high
priority projects, and to groups of towns submitting joint proposals for multi-town
projects i r-

major purpose of Supplemental Grants is to encourage multi-town co-
operation. Supplemental Grants for projects involving more than one town will
therefore not require a match and the size of these grants will be based on an as-
cending scale, determined by the number of towns cooperating. Grants to single
towns will require a 20% match.

The ascending scale will allow two cooperating towns to be eligible for
10% of their combined Formula Grants in Supplemental Funds. Each additional town
(up to and including five towns) cooperating in a project increases the project's
(and the individual town's) share by 5%. Thus, if the total amount in "Formula"
funds allocated to towns A and B is $20,000, they are eligible for a total of $2,000
in Supplemental Funds for a cooperative project. If five towns together receive
$60,000 in "Formula" funds, they are eligible for 25% of this amount, or $15,000,
in Supplemental Funds for a cooperative project. This 25% figure applies even if
more than five towns act cooperatively.

Under this funding program, two, three, four, or nore towns could, for
example, cooperate on a joint project to locate a regional solid waste disposal site
and be eligible for funding in addition to their Formula Grants.

It is expected that some of the larger coastal cities and towns may need a
Supplemental Grant to tackle involved and costly planning projects, such as a
feasibility study for waterfront development in urban areas. High priority projects
proposed by individual towns will require a 20% match. The criteria for determining
priorities among competing Supplemental Grant applications are set forth in
Section 8.222.

8.321 ELIGIBLE SUPPLE!V ENTAL GRANT PROJECTS
Supplemental Grants will be awarded to eligible municipal projects which
involve planning for, and the management of, coastal resources.
ELIGIB!LITY CRITERIA
To be eligible for either a multi-town or individual town Supplemental Grant,
rhe app!icant(s) must show that the project meets all of the following eligibility criteria:

1. Will further the goals and policies of Maine's Coastal Program.
2. Directly concerns the planning for and management of coastal natural
resources.
3. Is supported and signed by the top elected officials of (all) the town(s)
applying.

197

4. Maintains or improves environmental quality.

5. Maintains or improves social conditions.

6. Serves a "public" purpose.

7. Is consistent with the comprehensive plan(s) and/or any
other Iong-range pilns for the town(s) (if any).

8. Is consistent with state law.

9. Is consistent with any and all applicable town ordinances.

10. Is technically sound, is based on valid assumptions, and uses
effective methods to accomplish its objectives.

11. Mcrkes effective use of the relevant information that is available,
and, when applicable, utilizes standard codes, terminology, and
reference systems (e.g., State Land Cover Code, Maine Soil
Suitability Guide, etc.).

12. Will be completed within the grant period (grant periods run
for one year).

In cases where there is a disagreement over whether a project is eligible, the
Committee on Coastal Development and Conservation shall advise the State Planning
Office on the project's eligibility in light of these criteria.

Projects that propose using Supplemental Grant monies for construction or
the purchase of land or equipment that is not essential to resource planning and manage-
ment activities are not eligible.

In selecting among eligible projects submitted for consideration for Supple-
mental Grants, the State Planning Office will give FIRST priority to projects that
are submitted by two or more towns. Only after all eligible multi-town projects are
selected will funds be available for individual towns. Thereafter, priority will be
given projects that:

* Demonstrate that there is need beyond that which can be satisfied by a
Formula Grant.

* Demonstrate a high probability of success.

o Are judged to have the greatest overall benefit to the coastal area,
relative to cost.

198

In addition, the following factors will be considered in determining which
projects to fund. The State Planning Office and the Committee on Coastal Develop-
ment and Conservation will favor projects that:

*Lead to the more effective application of existing land and water use
Iaws.

oPromote the management of natural resources on a sustained yield
basis, so that the local or regional c.vlronment and economy benefits
;n ihe long

oRelate to the establishment, refinement and/or implementation of
a comprehensive plan, or pairts thereof.

o Are transferable and will serve as a model for other towns.

o Will help resolve local natural resource problems that have more
than local impact.

oSeek to resolve conflicts between competing land uses so that
coastal natural resources are conserved.

Finally, within the constraints set by eligibility factors, and the above
criteria, the State Planning Office and the Committee on Coastal Development and
Conservation shall strive to fund projects that result in a broad geographic distribution
of funds.

The examples of eligible projects in Section 8.311 generally will apply
for Supplemental Grants to individual towns, with a few exceptions; however,
Supplemental Grants to more than one town must involve projects that will benefit
all of those towns.

8.322 APPLICATION PROCESS FOR SUPPLEMENTAL GRANTS

Supplemental Grant applications are to be submitted in the same manner and
at the same time as Formula applications. Thus, the procedure will consist of two
stages:

(1) the filing of a Notice of Intent to apply for Supplemental Grant
funds to the State Planning Office, and

(2) the filing of an Application for Supplemental Grant funds to the
State Planning Office.

Notice of Intent forms will be mailed to all towns, along with guidelines
to assist the towns in filling out the forms. The Notice, once filed, will allow the

199

State Planning Office to determine initial eligibility and will permit the Office to
instruct towns to proceed with a full Application.

Multi-town Supplemental Grant applications will have to show that they
meet eligibility criteria and are supported and signed by all the top officials in
each participating town. In addition, the application should describe the
project, its benefits, the timetable for completion, the authority the towns have to
receive the money, and the means devised to manage the project effectively.

Individual town Supplemental Grant applications must meet similar re-
quirements. Furthermore, the application must specify the source and availability
of the 20% matching money that is required.

8.323 SUPPLEMENTAL GRANT MANAGEMENT RESPONSIBILITIES

Once approved, Supplemental Grant applications will be incorporated
into a contract between the State Planning Office and the town or towns. In the
case of multi-town contracts, the participating towns will be responsible for selecting
a Project Manager and for establishing and administering a project account. In all
cases the Project Manager will act as the State Planning Office's chief contact
person.

In the case of multi-town Supplemental Grants, towns will receive 33.3%
of a grant from the State Planning Office when the contract is signed, 33.3% after
six months (provided reasonable progress can be clearly demonstrated in a brief
progress report),and 33.3% upon the successful completion of the project and the
submission of a final report on the work accomplished.

Supplemental Grants to individual towns will be made available according
to this same procedure, provided a 20% match is committed to the project when a
contract is signed.

In all cases, the final report submitted to the State Planning Office should
permit the Office to determine if the completed project meets the conditions of the
contract between the town(s) and the Office. In other words, the State Planning
Office must judge that the project has achieved its stated purpose and goal and
meets the eligibility criteria specified in Section 8.311.

Funds not expended by a Town(s) because of lack of progress or savings will
be returned to the State Planning Office and reassigned or returned to the Office of
Coastal Zone Management.

200

8.4 SPECIAL PROJECTS AND THE CONTINUING POLICY DEVELOPMENT PROCESS

As pointed out earlier the legal and regulatory framework for state-level manage-
ment of Maine's coastal land and resources is already established. Explicitly stated in
the core of Maine's Coqstal Program are existing state policies regarding the siting of
major developments, control of subdivisions, preservation of wetlands, maintenance of
water quality, etc. Furthermore, as pointed out in Section 7, the state presently devotes
substantial funds to the implementation of these policies through regulatory and manage-
ment measures. Because of this a large proportion of Maine's proposed 306 funding will
be used to fulfill local resource planning and management needs. Notwithstanding this
fact, there are several important areas where funding is needed to improve coastwide
management and policy making functions. If Maine's program is fully funded, 17% of
its funding will be made available to state, county, regional, university, and private
nonprofit agenci es to:

* make the existing administrative framework for Maine's
Coastal Program operate more efficiently and effectively;

e examine policy issues to identify appropriate and feasible
refinements;

a support projects which will clarify resource use conflict situations,
resource management questions, or major policy disputes of state or
national significance;

* develop positive techniques for utilizing coastal land and resources
for human needs in an economically and environmentally sound
manner; and

* maintain the coastal planning process -
a procedure by which issues and problems are examined and policy
adjustments are recommended,

These objectives will be achieved through a special project grant program to
appropriate government and private agencies, and a policy development program coordinated
by the Committee on Coastal Development and Conservation and the State Planning Office.
Operating in conjunction with the town and regional grant programs, these state-level
functions will supplement and improve the state's established legal framework for coastal
resource management.

The objectives of the special proiect grants are to achieve
concrete results in terms of improvements in the implementation procedures for the core
laws, establishing communication, and establishing constructive resource management
and development projects. The policy development function, on the other hand, is a
continuing process aimed at producing recommendations regarding refinements which are
desirable in state policy. The two functions relate to one another at the state level,
and they will be carefully coordinated.

8.41 SPECIAL PROJECT GRANTS

The Special Project Grant program supplements the existing aspects of
Maine's Coastal Program by supporting the work of organizations and agencies which can:

* Improve the efficiency, effectiveness, and responsiveness of
the administrative procedures currently used to implement Maine's
core laws (a major portion of the Special Project funds will
be devoted to this item);

* Supply better understanding of coastal systems and resources in
order to facilitate the policy formulation process;

* Initiate resource management or development projects which are
consistent with the program's policy of encouraging environmentally
sound economic development;

* Develop effective two-way communication links between the
coastal public and decision-makers at all levels.

These grants wi I be made available on a competitive basis to federal, state, and
county agencies, Soil and Water Conservation or Resource Conservation and Development
Districts, Eastern Maine and other areawide development districts, private nonprofit or-
ganizations and university groups, and regional planning commissions. Grants will be
awarded and administered on a 20% matching basis.

The Committee on Coastal Development and Conservation will advise the State
Planning Office on grant applications in accordance with the criteria and priorities listed
below. The role of the State Planning Office will be to administer the process, to indicate
program and research needs to approporate agencies, and to offer advice to agencies which
are preparing applications. The State Planning Office will be responsible for preparing
contracts, monitoring progress, and administering payments and assuring that contract obli-
gations have been fulfilled.

8.411 ELIGIBILITY CRITERIA FOR SPECIAL PROJECT GRANTS

As mentioned above, grants under this section will be awarded on a competitive
basis. In order to be considered for a grant, a proposal must meet all of the following
cri teria:

1. Will further the goals and policies of Maine's Coastal Program.

2. Directly concerns the planning for and management of coastal natural
resources.

3. Is supported, where applicable, by the elected or appointed officials of
the unit(s) of government that is (are) directly and significantly affected.

202

4. Maintains or improves environmental quality.

5. Maintains or improves social conditions.

6. Serves a "public" purpose,

7. Is consistent with the comprehensive plan(s) and/or any
other long-range plans for the area(s) affected (if any).

8. Is consistent with state low.

9. If applicable, is consistent with any and all town ordinances.

10. Is technically sound, is based on valid assumptions, and uses
effective methods to accomplish its objectives.

11. Makes effective use of the relevant information that is available
and, when applicable, utilizes standard codes, terminology, and
reference systems (e.g., State Land Cover Code, Maine Soil Suit-
ability Guide, etc.)

Proposals which are deemed eligible for consideration will be evaluated as to their
priority for funding. The objective of the evaluation process will be to support the com-
bination of proposals which best meet the program's goal. Further, the highest priority
for funding will go to those projects which -

1. Improve implementation and administration ofMan's coastal
resource management laws;

2. Implement the program's policies;

3. Clarify the most important unanswered questions with respect to
development opportunities, resource use conflicts, resource
management methodology, or planning strategy;

4. Improve the coordination among the functions of the eleven laws
which form the basis for Maine's Coastal Program;

5. Initiate a positive approach to consturctive use of Maine's
coastal resources without environmental degradation.

2 03

8.412 EXAMPLES OF PROJECTS

To provide an indication of the types of projects which will be considered for S
funding, a list of EXAMPLES of eligible projects is included below. Obviously many
other projects are possible.

General Objective Project Description Sponsoring Agency(i es)

a. Improve the efficiency Support efforts to improve the Department of Environ-
and responsiveness of administration of the core lawos. mental Protection,
Maine's coastal manage- These projects would provide Department of Marine
ment system advice and explanation of the Resources,
laws and receive constructive Department of Inland
input from citizens. Fisheries and Wildlife

Streamline paperwork for appli- Department of Environ-
cation review procedures to make mental Protection,
regulatory permit programs less Department of
onerous to the applicant. Conservation,
Department of Inlan
Fisheries and WildlifW

Feasibility study to assess innovative Department of Environ-
technological and management solu- mental Protection,
tions to overcome environmental and University of Maine
institutional problems regarding re-
gional solid waste disposal.

b. Supply better under- Prepare baseline data, develop Department of Environ-
standing of coastal appropriate measurement techniques mental Protection,
systems and resources and/or define significant tolerance Department of Inland
in order to facilitate threshhold levels of natural and cul- Fisheries and Wildlife,
the policy formulation tural systems into order to provide Department of Mann
process, explicit assessment of cumulative Resources, regional
growth impacts for shoreland zon- planning commissions
ing and site location procedures.

a General Objective Project Description Sponsoring Agency(ies)

Collect necessary data for develop- Department of Marine
ment of population dynamics models Resources
for nearshore finfish species manage-
ment.

Determine the nature and rate of sea- Department of
level changes relative to the southern Conservation,
Maine shoreline. This information University of Maine

the state's policy with regard to pre-
vention of shoreline erosion,

c. Initiate sound resource Develop and implement manage- Department of Marine
management or develop- ment plans for nearshore finfish Resources
ment projects species
Develop land use and facilities Land Use Regulation
plans for village areas within Commission,
. the unorganized townships and regional planning
plantations. commissions

Support the ongoing program to Coasl Island Registry,
inventory resources, implement BuFeau of Public Lands
desirable management, and de-
termine public rights to selected
Maine islands.
Bureau of Forestry,
Improve small woodlot management Maine Audubon Society,
within the coastal area by expand- U.S.D.A. Resource
ing management services. Conservation and
Development Projects
Improve clam management by ex-
panding management assistance Department of Marine
provided by Department of Marine Resources
Resources.

Increase and improve aquaculture Department of Marine
by expanding management assistance Resources
provided by Department of Marine
Resources.

d Develop effective Establish additional communication Department of Marine
W communication links mechanism to facilitate active Resources
between the coastal participation by the Maine
public and policy- fishing industry in NoE.
makers at all levels Regional Fishery Management
Council decisions

General Objective Project Description Sponsoring Agency(

Institute additional com- League of Women Voters
munication mechanisms on and
coastal issues to: Natural Resources
1) advise the CCDC and the Council
state administrative structure
regarding emerging resource
issues and public opinions, and
2) improve public awareness
regarding coastal resource op-
portunities, problems, and
concepts.

Support an ongoing coastwide Maine Coast Heritage Trust
community advisory service and
which assists towns in evalu- The Allagash Institute,
ating the impact of com- University of Maine,
munity growth and open space Maine Association of
preservation policies. Conservation Commissions

Projects that propose using monies for acquisition or the purchase of equipment that is
not essential to resource planning and management activities are not eligible.

8.413 APPLICATION PROCEDURE FOR SPECIAL PROJECT GRANTS

Special Project applicants .vill be .equired to complete an application
form that included, at least, the following informaion:

- the name oF the organization or individual filing;

- a full description of the project thft covers:
- the proposed project;
- the purpose of the project;
- the significance of the project to the coa.tol area;
- the benefits to be derived from it;
- expenditures to be incurred;
- the time schedule

206

- text to show products and results;

- explantation of how the proposed project meets all eligibility
criteria relating to Special Projects and the evaluative criteria
listed in Section 8.51;

- statements as to applicant's authority to receive money and provide
matching funds;

- the name of the person (s) who wi ll act as Project Manager and as
liaison with the State Pldnning Office.

A deadline for submission of proposals will be established. The evaluation of
eligible proposals will begin immediately following the deadline. The Committee on
Coastal Development and Conservation will review proposals and advise the State Plan-
ning Office regarding the projects which should receive consideration for funding. Final
funding announcements will be made on a predetermined date within a reasonable time
after the submission deadline.

8.414 GRANT MANAGEMENT PROCEDURE

Statewide program grants will be on a 20% matching basis, i.e. 80% provided by
the State Planning Office and 20% provided by the participating organization.

Once a grant has been awarded to a participating organization, a contract will be
established between the State Planning Office and the grantee (the primary agency may
share funds or subcontract in cases where several organizations agree to cooperate).

The primary recipient of funds will specify a Project Manager to be responsible
for completion of the specified tasks in the prescribed length of time. The project manager
will be responsible for overall administration of the project for the grantee. Progress
reports will be submitted to the State Planning Office every three months until the
project is completed. The recipient will receive 20% of its grant from the State Plan-
ning Office upon commencement of the project, 60% divided among the quarterly report
periods, and 20% upon successful completion of the project.

The State Planning Office staff, with advice from the Committee on Coastal
Development and Conservation will determine whether adequate progress has been
made at the quarterly report periods. The final report submitted to the State Planning
Office should permit the office to determine if the completed project meets the con-
ditions of the contract. The State Planning Office must judge that the project has
achieved its stated purpose and goal and that the completed project meets the eligibility
criteria specified in Section 8.51.

9'n7

Fai lure to successfully complete a project will jeopardize future funding appli-
cations. Where funds have been misused, the State Planning Office may request the
Attorney General's Office to investigate.,

Funds not expended because of lack of progress or savings will be returned to the
State Planning Office and reassigned or returned to the Office of Coastal Zone Manage-
men t.

8.415 POLICY DEVELOPMENT

Several policy areas are in need of attention. This fact has been reiterated by the
Governor in his Executive Order establishing the Committee on Coastal Development and
Conservation (See Appendix F1 ) and in his speech to that body at its first meeting.

New issues, such as Outer Continental Shelf oil and gas development, are emerg-
ing. In other cases new, more orderly, efficient, and effective solutions to old problems
are needed where it can be shown that existing policies are not achieving optimum results.

If this application is approved, funds will be used for the analysis of policy issues
and the development of recommendations for refinements in existing policy. This effortW
will focus on issues of broad concern coastwide. Decisions regarding priorities, the focus
of such work and further steps to be recommended to the Governor and the Legislature rest
with the Committee on Coastal Development and Conservation.

The policy work will focus on issues which influence virtually the entire coast,
which are felt to be the most pressing and/or which offer the greatest opportunities for
improvement of problem situations. These problems are to be addressed in a manner which
is consistent with the policy statements presented in Section 6 of this application. The
first priorities for this work have been set as the result of the ideas expressed by coastal
residents and their elected officials., and the work of the Committee on Coastal Develop-
ment and Conservation* Initial work on the following issues has already begun:

- commercial fishing
- tourism
- port development
- heavy industrial siting
- cumulative effects of development
- natural resource information distribution
- coastal access and recreation opportunities.

2 08

After approval, 306 money will be committed to the resolution of other issues of
broad concern. Consequently key issues will be identified annually by the Committee
0 ~~on Coastal Development and Conservation, and reports on these issues will be prepared
by a variety of different agencies and organizations depending on where the greatest
expertise and interest lies. The work on these reports will also be coordinated through
the Committee on Coastal Development and Conservation and the State Planning Office.
It will involve analyzing the problem or opportunity identified, identifying the pros and
cons of alternative courses of action and recomm riding one course of action as being, on
balance, the most desirable. As with the existing efforts, the results of this work will be
made available for consideration by the public, the Governor, state, regional, and local
agencies, the legislature, and others.

One issue which has been cited as being of particular urgency is the need to clarify
the terms used in Maine's body of existing laws. Some say that much of the language used
in these laws is too broad and that clarification will allow greater predictability and under-
standing by the coastal residents and organizations who are affected by the laws. This issue
has, therefore, been given a high priority for work in the first year of 306 funding.

Examples of additional policy development tasks which the Committee on Coastal
Development and Conservation and the State Planning Office staff are expected to under-
take include the following:

� Evaluate the potential conflicts or consistency between:
- Maine Department of Transportation port improvement priorities
- Department of Marine Resources policy alternatives. for fish
processing and fishing fleet support facilities
- alternatives which have been suggested regarding the clustering
of heavy industry on the coast.

This work will be directed toward resolution of conflicts between
areas which have, until now, been treated as separate policy issues.

* Examine state regulations re: insurance, taxation, ownership, etc.
to eliminate possible barriers to formation of joint venture arrange-
ments within the fishing industry. Such arrangements can improve
the effi ci ency of use of capi tal equi pmen t and fociIi ti es for better
utilization of opportunities offered by the 200 mile limit.

� Improve the mechanisms for maintaining coastal open space..

* Improve the prospects for the ship and boat building industries
in coastal Maine.
* Update and revise management policies for Maine's
coastal islands.

* Develop more effective floodplain management programs.

* Examine the State's role in research in order to direct
research activities more effectively to urgent and practical issues.

As the result of public hearings, questionnaires'. and Committee on Coastal
Development and Conservation (CCDC) deliberations, about thirty major issues have i
been identi fi ed. The CCDC expects to address from four to sevean issues pe yar
and expects to have completed reports and recommendations on each of tese issues within
ai five year period. The CCDC will initiate the policy development process for a particular
problem or issue, and organization and administration of the policy development
process will be coordinated by the State Planning Office.

The recommendations for refinements in policy are intended to point the way toward
actions that willI:

* improve coordination in Maine's existing resource planning
and management system;
* more clearly define overall goals and objectives for Maine's
resource planning and management system;
� reduce uncertainty and increase the predictability of siting
land and water uses subject to various licensing and permit
processes; and
*improve the prospects for jobs in industries that are compatible
with maintaining high environmental quality and desirable social
and economic conditions.

Results of the policy development process will form the basis for legislative proposals@
to be prepared by the Committee for Coastal Development and Conservation, adjustments to
core law administrative procedures, and changes in state/federal project/review criteria.

210

8.5 GRANTS TO REGIONAL PLANNING COMMISSIONS

Seven percent of the grant ($81 ,000 of a $1.2 million Coastal Zone
Management grant to the State) will be available to support the municipal assistance
programs of seven Regional Planning Commissions and the one Council of Governments
(hereinafter referred to as an R.P.C.).

The R.P.C. function is to make technical assistance available to small
towns which cannot afford full-time professionals and to coordinate projects of more
than local concern. The R.P.C.s also serve as a mechanism through which com-
munities may bring local problems with implementation of the core laws to the
attention of appropriate state agencies, and assist the policy revision process lead-
ing to solutions of those problems. (See examples)

8.51 ELIGIBLE PROJECTS

The eligibility of the respective R.P.C.5 for grants reflects the principle
that carefully prepared resource development and management projects consistent
with the core laws, including town comprehensive plans and related ordinances, will,
in aggregate, assist towns in implementing core laws and provide economic benefit by
improved resource utilization.

To receive grants, an R.P.C. must offer services which meet the following
criteria:

1. Will further the goals and policies of Maine's Coastal Program.

2. Directly concerns the planning for and management of coastal
natural resources.

3. Is supported by the majority of the R.P.C. Commissioners, representa-
tives of member coastal towns.

4. Maintains or improves environmental quality.

5. Maintains or improves social conditions.

6. Serves a "public" purpose.

7. Is consistent with the comprehensive plan(s) and/or any other
long-range plans for the town(s) affected (if any).

8. Is consistent with state law.

9. Is consistent with any and all applicable town ordinances.

10. Is technically sound, is based on valid assumptions, and uses
effective methods to accomplish its objectives.

11. .Makes effective use of the relevant information that is available,
and, when applicable, utilizes standard codes, terminology, and
reference systems (e.g., State Land Cover Code, Maine Soil
Suitability Guide, etc.)

12. \Vill be completed within the grant period (grant periods run
for one year).

13. Can be matched by a 20%/o match by the applicant.

During negotiation of grant contracts with individual R.P.C.'s, priority
will be assigned by the State Planning Office and the Committee on Coastal Develop-
ment and Conservation to kinds of assistance and areawide projects which:
0 Are clearly related to local projects (under Section 8.3).
* Lead to the more effective application of existing land and water
use laws.

� Promote the management of natural resources on a sustained yield
basis, so that the local and regional economy benefits in the long
term.

� Relate to the establishment, refinement and/or implementation of
a comprehensive (or regional) plan, or parts thereof.

* Are transferable and will serve as a model for other areas of Maine's
coast.

* Will help resolve natural resource problems that have more than
local impact.

* Seek to resolve conflicts between competing land uses so that
coastal natural resources are conserved.

Projects that propose using monies for land acquisition or the purchase of
equipment that is not essential to resource planning and management activities are
not eligible.

212

8.52 EXAMPLES OF R.P.C. COASTAL PROGRAM ACTIVITIES

R.P.C.'s will provide local technical assistance and will coordinate projects
of more than local concern.

Implementation of Maine's 11 core laws which constitute a part of its Coastal
Program depend in part upon local government administration. Towns have administrative
responsibilities under Shoreland Zoning, Subdivision Review, and Solid Waste Dis-
posal laws. Local planning boards are also involved in the review process for decisions
under the other core laws. In most cases, local governments cannot afford to retain
professional staff to perform technical review of proposals submitted. R.P.C. staffs
are funded partially by local governments for the purpose of sharing the cost of pro-
fessional staff to assist local planning boards with their decision responsibilities under
the core laws. Funding support to R.P.C.'s will improve program implementation by
providing technical services to communities. Examples are:

- mapping and refining Shoreland Zoning ordinances;

- reviewing subdivision and other development proposals for town
decisionmakers;

- preparing clam management ordinances;

- recruiting clam wardens for towns to enforce town clam ordinances;

- reviewing proposals under the Coastal Wetlands and Stream Al-
teration laws;

- preparing subdivision ordinances;

- preparing town plans that affect implementation of the core laws.

Examples of core law implementation work of more than local concern
coordinated by R.P.C.'s are:

- technical assistance in locating sites for regional solid waste disposal
operations in compliance with state Solid Waste and Air Quality laws;

- technical assistance in locating sites for industries which will facilitate
compliance with Water and Air Quality laws;

- assessing areawide needs for public access to the coast;

- multi-town projects to apply structural and non-structural measures
to deal with shoreline erosion;

- multi-town shared code enforcement projects.

213

8.53 DISTRIBUTION FORMULA

The allocation of funds which may be granted by contract with the State
Planning Office to each of the eight coastal R.P.C.'s will be determined by a For-
mula which is weighted equally between the portion of total coastal area population
(estimates of 1975 resident population by U. S. Census) within each R.P.C. and the
portion of the total number of coastal Minor Civil Divisions located within each
R.P.C. district.

Formula Grant to R.P.C. s
($81,000 or 7% of the total amount is available for R.P.C. funding)
t G p G
T 2 P 2

where: g = grant available to a particular R.P.C.

G = total grant dollars available to R.P.C. s

t= number of Minor Civil Divisions (MCD) within the R.P.C.

T = total MCD's in the coastal area

p = estimated 1975 resident population of the R.P.C.

P = total estimated 1975 resident population in the coastal area

Using values for an hypothetical example, an allocation to an R.P.C. would
be determined by using the distribution formula as follows:

where: g = allocation to an hypothetical R.P.C.
G= $81,000
t = 32
T = 143

p = 35,000

P = 462,900

32 $81,000 + 35,000 x $81, 000
I x3 2 462,900 2

g = $12,150

A 20% match is required for all grants to R.P.C. s. As in past years, the standard A-87
overhead rate of 13.7% will be applied to the amount available for each R.P.C.
214

8.54 APPLICATION PROCEDURES

Notice of approval of the state's 306 application to each R.P.C. will
contain an invitation to submit letters of interest from each R.P.C., including a
description of the Coastal Program services which each Commission.will be able to
offer its area towns during the program year.

The application for eligible projects should show how the service or project
meets the eligibility criteria and reflect the priority factors listed above in Section
8.51. Accordingly, the application will include:

- a description of the proposed project, its purpose, and the benefits
member towns will derive from it;

- an explanation of project expenditures and time schedule;

- a description of the qualifications of staff members and the
capability of the R.P.C. to perform the services;

- as an indication that the majority of the participating towns
support the project, the application will be signed by the
majority of the coastal towns which are members of the
regional planning commissions.
Upon receipt of the application, the State Planning Office will evaluate it
and if questions arise, discuss it with the R.P.C. Should there be areas of disagreement
in interpreting criteria or priorities, the CCDC will be asked to make the final decisions.

The State Planning Office will prepare contracts with the R.P.C. which
specify the grant allocation amount, the categories of services to be offered, matching
fund requirements, and modes of payment.

All grant awards to R.P.C.'s will be made by contracts which meet state
purchasing requirements as to form and will be cleared by the state Contract Review
Committee. Contracts will be signed by the Chairman of each R.P.C., thus recording
the agreement of local elected officials with the Coastal Program services to be per-
formed.

8.55 MANAGEMENT RESPONSIBILITIES

The Director of each R.P.C. entering a grant contract will be responsible
for administering all monies, subcontracts, and expenditures under terms of the grant.
The Director will also be responsible for reporting to the State Planning Office on
progress, end of year accomplishments, and unexpended funds.

215

8.6 SUPPLEMENTAL FUNDING FOR THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION

The funding discussed previously for local projects, special projects, and policy
work, the regional planning commissions, and administration make up Maine's regular
306 Program. As described earlier the Office of Coastal Zone Management has decided
to fund the regular program at a level of $1.2 million and these funds will be allocated
to the various projects according to the pie diagram, formula, and procedures outlined
in the previous sections. However, in addition to the funds for the regular program,
the Office of Coastal Zone Management has, in response to comments on the Draft
Environmental Impact Statement, decided to supplement the funds for the program
pursuant to the following agreement.

"Tfhe State of Maine recognizes the need to assure that the
core laws which make up the Coastal Program are fully im-
plemented. In this regard the State will continue to aggressively
pursue the work it has already undertaken to define what is
needed to fulfill this responsibility in the case of the Site
Location Low; and is committed to implementing measures
that will guarantee excellence in the administration and en-
forcement of this law. These measures will involve either
hiring expert consultants to supplement existing capabilities,
reassigning personnel within state government, hiring several
additional permanent staff, hiring additional seasonal staff, or
other equally effective measures as yet undefined, The specific
actions to be undertaken willI be determined by the work
currently in progress and will be implemented within the current
calendar year. To support this effort, OCZM has committed
approximately $100,000 in supplemental funds if they are
needed to augment existing or supplemental state funds used
to resolve this problem."

216

Section 9

Section Title Contents of Section Section Number

INTRODUCTION ~~~~~~~~- rthepurpose of and format

SUMMARY - IN* highlights of 2
Maine's Coastal Program

BACK GROUND - How Maine's program developed
through strong citizen participation

COASTAL ISSUES .A general description of resource 4
and resource development issues
and enhanced local involvement
tiwough program funding

MAIN E'S
* ~~COASTAL PROGRAM

9 OVERVIEW OF THE-A doe
COAST AND THE -Aec~tU
PROGRAM

- Funding policies
- policies for issues of broad concern
* POLICIES - Administrative policies development 6a
- Ecnomic policy
- Development and natural resource
policies based an existing Main* laws

* TH E CORE OF - A description of the laws, the areas
ansd uses they regulzt* and how they
TH E PROGRAM: are administered
II LAWS

a THE PROGRAM FOR - Howudw J.W itllbe allocated to towns,
I MlROVI NG R ESOURCE specil Projects, RPCS and stat
PLANNING AND a~~~~~~genciesoand how rhoepragramw-ill8
PLANNING AND 16's~~~~b administered

. 1 * ~~~~~~~ORGANIZATION h bepiniyfouebye10%

9. ORGANIZATION

9.1 INTRODUCTION

This section describes the roles of the various groups and organizations which
are central to Maine's Coastal Program. These include the: Committee on Coastal
Development and Conservation, the State Planning Office, coastal municipalities,
the Board of Environmental Protection in the Department of Environmental Pro-
tection, the Land Use Regulation Commission in the Department of Conservation,
the Regional Planning Commissions, and the public.

The roles of these organizations and groups vary from municipal resource
planning and management to regulation performed by both state agencies and the
towns. They also include coordinative functions performed by the Committee on
Coastal Development and Conservation, the State Planning Office, and the Regional
Planning Commissions.

The roles of organizations I'such as the Department of Environmental Protection,
the Land Use Regulation Commission, and, in the case of municipal regulation, the
towns) are determined by the state's existing laws mentioned earlier. (See Section 7
and Appendixr4, which shows a state agency organization chart.) The roles played
by the Committee on Coastal Development and Conservation, the State Planning Of-
fice, and the Regional Planning Commissions are determined both by law and by
executive action, including Executive Order.

9.2 THE COMMITTEE ON COASTAL DEVELOPMENT AND CONSERVATION

The Governor's Advisory Committee on Coastal Development and Conservat;on
was established by Governor Longley with the signing of Executive Order Number 10
on February 4, 1976. (See Appendix Fl . ) The Committee consists of 18 members and
includes representatives of the general public, the legislature, the Regional Planning
Commissions, the University of Maine, and the state agencies with major coastal re-
source responsibilities. The Committee brings together in one forum a great many of
the interests and organizations whose activities affect Maine's coastal area.

v1 a

The most important responsibilities assigned to the Committee on Coastal
Development and Conservation include the following:

1. Establish, with the concurrence of the Governor, the policy for
the administration of Maine's Coastal Program.

2. Advise the Governor and state agencies on issues of coastal planning
and use, including development and conservation policies.
3. Set priorities for work to be done as part of the Coastal Program.

4. Evaluate alternative policies and strategies and make recommendations
for coastal economic development, the conservation of important
natural resources, and the siting of energy and heavy industrial
facilities.

5. Develop recommendations on changes which should be made in
Maine's present coastal resource planning and management system
for consideration by the Governor and Legislature.

6. Assure an effective, coordinated program of community and in-
dividual citizen participation in coastal planning activities.

7. Establish guidelines and priorities for the funding of municipal and
special projects supported by the Coastal Program.

In essence, the Committee on Coastal Development and Conservation serves
to assure broad public involvement in Maine's Coastal Program and to establish a
direction for the Program. (Additional information an the Committee on Coastal
Development and Conservation is contained in Section 3. That section describes,
in more detail, the Committee's role in the development of Maine's Program.)

9.3 THE STATE PLANNING OFFICE

The State Planning Office was established by the Maine Legislature in 1968
with the passage of the State Planning Act, MRSA 5 1� 3301 -3307. The State Planning
Office is a staff agency within Maine's Executive Department. It is the designated
306 agency for implementing the Coastal Program and federal consistency.

In general terms, the State Planning Office was established to: provide
assistance to the Governor and the Legislature in identifying long-range goals and
policies for the State; coordinate the development of a comprehensive plan for the
,rate; conduct continuing economic analysis of the economy and resources of Maine;

220

prov ide planning assisrance to local and regional, housing and urban renewal groups
in N aine; participate in inter- and intra-state planning; provide assistance to
public and citizen groups; act as the coordinating agency among the several offices,
authorities, boards and commissions involved with planning issues; provide general
review and coordination in functional areas of state government; and to represent
'he State on the Nbew England River Basins Commission.

More specifically, the State Planning Office has been assigned the task of
acting as the state agency with the principal responsibility for coordinating the
activities which are a part of Maine's Coastal Program. These responsibilities
have been given to the State Planning Office through law and through Executive
Orders.
The most important roles which the State Planning Office plays in Maine's Coastal
Program are as follows:

1 . Acts as the single State agency to receive 305 and 306 funds directly
from the Federal Department of Commerce. In this capacity it is
responsible for putting together work programs and applications under
guidance from the Committee on Coastal Development and Conser-
vation.

2. Acts as the agency responsible for administering and disbursing these
funds to towns, other units of government, and other organizations
for projects covered in the work programs.

3. Acts to provide information and advice to industries and individuals
so that they can avoid problems and capitalize on opportunities in the
siting of facilities.

4. Acts to provide information and advice to other units of government
including the towns, Regional Planning Commissions, and state and
federal agencies in solving their resource planning and management
problems. This includes providing maps, reviewing ordinances, etc.

5. Acts to provide administrative direction to the shoreland zoning task
force which is made up of representatives of the Board of Environmental
Protection and the Land Use Regulation Commission and determines
the adequacy of town shoreland zoning ordinances. This role is es-
tablished by the Shoreland Zoning Law. (12 M.R.S.A. � 4811)

6. Acts, under agreement with the otheyagencies, as a reviewer of
permit requests filed under Maine's existing laws. In this capacity
the office provides advice to these decision-making bodies (e.g., the
Board of Environmental Protection and the Land Use Regulation Com-
mission) based on its broad perspective, the information it has col-
lected, and various land capability analyses it has performed.

7. Either directly or through contracts, collects and analyzes information
needed for making fully informed planning and management decisions.

221

8. Prepares recommendations for consideration by the Committee on
Coastal Development and Conservation, Governor, and Legislature
on changes which should be made in the State's coastal policy.

9. Coordinates the efforts of other agencies in the preparation of
recommendations for consideration by the Committee on Coastal
Development and Conservation, Governor, and Legislature on
changes which should be made in the State's coastal policy.

10. Is the designated agency for federal consistency, and coordinates
,recommendations from relevant agencies and organizations on the
consistency of these actions with Maine's program to determine if
ii conflict exists.

11. Acts to coordinate the Coastal Program with other State and regional
planning efforts including the Housing and Urban Development land
use element and Environmental Protection Agency 208 water quality
planning programs through the A-95 (State Clearinghouse) process
and other means.
12. Acts to coordinate the review of plans for state aid highways for consistency
with Maine's Coastal Program.
Memoranda of Agreement between the State Planning Office, the Land Use
Regulation Commission, the Department of Environmental Protection, the
State Development Office, Department of Transportation, are contained in
Appendix ]'2a - T2d.

9.4 THE MUNICIPALITIES

Under Maine's existing resource planning and management system, the munici-
palities have the most comprehensive responsibilities and powers of any unit of State
government. (See Home Rule & Zoning Laws in Appendix F=3)

This situation has been brought about by the Legislature's enactment of zoning
enabling and home rule laws and by the strong popular support there is in Maine for
keeping resource planning and management functions at the local level. Therefore,
the towns' roles in the Coastal Program are perhaps the most diverse of any of the
organizations described herein. These roles vary from conducting projects to encourage
the wise economic use of resources to town comprehensive planning and code enforce-
ment. The most important resource management roles that a town must fulfill under
existing law are as follows:

1. Prepare a comprehensive plan; if such a plan is not prepared, the town
runs the risk of having its Shoreland Zoning ordinance struck down by
the courts. (Comprehensive Plan law, 30 M. R.S.A. � 4961)

2. Adopt a shoreland zoning ordinance consistent with minimum State guide-
lines. A State-imposed shoreland zoning ordinance is required if a town
does not meet these guideline requirements. (12 M. R.S.A. � 4811 )

3. Establish a planning board or its equivalent to administer shoreland
zoning and the subdivision law provisions in a manner consistent
with standards established by law.

4. Establish a 'board of appeals to administer shoreland zoning.

5. Designate a code enforcement officer or his equivalent to enforce
the provisions of shoreland zoning.

Other roles that the towns are empowered to undertake and may choose to
play are as follows:

I . The town may identify loesl resource planning and management projects
for which funding from the Coastal Program is desired.

2. The town may review the activities of federal agencies for consistency with
the locally-adm inistered portions of the Coastal Program and forward their
recommendation to the State Planning Office.
3. The town may prepare and adopt economic development plans.

4. The town may prepare and adopt a zoning ordinance. (30 M.R.S.A. i 4962)

5. The town may prepare and adopt a subdivision ordinance. (30 M.R.S.A. i 4956)

6. The town may prepare and adopt a building code.

7. The town may plan for the provision of public services, e.g., sewer and
water.

8. The town may plan for solid waste disposal.

9. The town may plan for conservation of open space.

10. The town may plan For the conservation of wildlife habitats.

11 . The town may collect detailed information needed for town planning
and management purposes.

12. The town may prepare and adopt an on-premise sign ordinance.

13. The town may prepare and adopt a shellfish ordinance.

14. The town may hire legal assistance for town resource planning and
management problems.

15. The town may plan for port and harbor development.

223

16. The town may administer the coastal wetlands law. (This is normally
administered by the Department of Environmental Protection; however,
there are provisions which enable the town to take over if it has an
acceptable program.) (See Section 7 and Appendix F3 for more detail.)

17. The town may perform other related functions too numerous to mention.

9.5 THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

The Department of Environmental Protection is a line agency in the Executive
branch of Maine government. It has the responsibility to "protect and improve the
quality of our natural environment and the resources which constitute it".

In general, this function is carried out through a permit process which re-
quires that the Board of Environmental Protection grant a permit for a variety of
different activities before they can be legally carried out. The Board of Environ-
mental Protection consists of ten public members appointed by the Governor, subject
to review by the Joint Standing Committee for Natural Resources and the Legis-
lature. The members must have a broad interest and experience in laws relating to
environmental protection. The Board is chaired by the Commissioner of the Depart-
ment of Environmental Protection, however, he has no vote. The roles played
by the Department of Environmental Protection in the Coastal Program vary from
those of a regulator of activities to serving as a member of the Committee on
Coastal Development and Conservation. More specifically, the most important
roles of the Department of Environmental Protection in the Program are as follows:

1. The Commissioner serves as a member of the Committee on Coastal
Development and Conservation.

2. The Department prepares recommendations for consideration by the
Committee on Coastal Development and Conservation, Governor, and
Legislature on changes which should be made in the state's coastal
policy.

3. The Board and Department administer the Site Location of Develop-
ment Law; in general, this involves considering applications for
large-scale developments. (38 M.R.S.A. i 481)

4. The_&rd and Department administer the Coastal Wetlands Law; in
general, this involves considering applications for all alterations
of coastal wetlands, including beaches and mud flats. (38 M.R.S.A.
9 471)

5. The Board and Department administer the Protection of Waters Laws;
this involves recommending appropriate water quality classifications
and considering permits for discharges. (38 M.R.S.A. � 361-A)

6. In conjunction with the Land Use Regulation Commission and under
the administrative direction of the State Planning Office, members
of the Board administer the Shoreland Zoning Law at the state level;
this involves serving on the Shoreland Zoning Task Force, determining
if town shoreland ordinances are acceptable and making recommenda-
tions on how they could be improved.

7. The Board and the Department administer the Protection and Improve-
ment of Air Laws; this involves designating air quality regions, licen-
sing of new emissions and monitoring of air quality (38 M.R.S.A.
Hi 582-608).

8. The Board and the Department administer the Solid Waste Management
Act; this involves the issuing of regulations regarding solid waste dis-
_* ~~~~~posal andpermitting of sanitary land fill facilities (38 M.R.S.A.
isw ~ F~�' ~, 1303-1308).

9. The Department administers the Coastal Conveyance of Petroleum Act;
it licenses terminal transfer facilities, collects and dispenses funds,
monitors for and coordinates clean up activities and conducts research
causes, effects, and methods of removing oil pollution from the marine
environment (38 M.R.S.A. H 344-349; 541-557; 560.

10. The Deparlnent will review the consistency detemn ination of federal
agencies regarding those federal activities which may have significant
in pact on the coastal area and forward their recommendation to the
State Planning Office. (The procedure is described in Appendix E.)
It will use the criteria and procedures as provided under the appropriate
core law.
11. The Deparlm ent enforces the provisions of the permnn its it grants and the laws
it adn inisters.

(See Appendix 12d forM enorandun of Agreement between the State Plannrig Office
and the Deparknentof Envirormental Protection.)

9.6 THE LAND USE REGULATION COMMISSION

The Land Use Regulation Commission is a bureau within the Department
of Conservation. The Department of Conservation is a line agency in the Executive
branch of Maine government. The Land Use Regulation Commission is responsible
for planning, zoning, and processing applications for land use activities, in-
cluding development, road building, and some forest and agricultural management
activities, in the unorganized areas of the state. In general, decisions regarding
zoning and permits are made by the Land Use Regulation Commission. The Com-
mission and its powers and duties were established by the Maine Legislature in 1969.
(12 M.R.S.A. i 681) The Commission consists of seven public members appointed
by the Governor, four of whom must be knowledgeable in at least one of the fol-
lowing areas: commerce and industry, fisheries and wildlife, forestry, and con-
servation.

By far, the largest portion of the unorganized area lies in the northwestern
part of the state. There are, however, several unorganized towns, plantations,
and numerous islands in the coastal area which fall under Land Use Regulation
jurisdiction. Altogether, the unorganized areas comprise about 5% of the coastal
area. (See map in Section 7.5; more information on the Land Use Regulation
Commission can be found in Section 7.5 and Appendix F5b - F5d.) The most important
roles of the Land Use Regulation Commission in the Coastal Program are as follows:

1. Update the Comprehensive Plan for the unorganized areas.

2. Adopt permanent zoning for the unorganized areas. This zoning divides
these areas up into development, management, and protection districts
and related subdistricts.

3. Considers applications for land uses in the unorganized areas and
decides whether a permit should be granted.

4. In conjunction with the Board of Environmental Protection, and under
the administrative direction of the State Planning Office, administers
the Shoreland Zoning Law at the state level. This involves serving
on the Shoreland Zoning Task Force.

5. The Commissioner of the Department of Conservation serves as a member
of the Committee on Coastal Development and Conservation.

6. It will review the consistency detenm ination of federal agencies regarding
federal activities which may have significant impact on the coastal area
and forward their recommendations to the State Planning Office.
7. Enforces the provisions of the permits it grants and the laws and regu-
lations it administers.

(See Appendix 12c for Memorandum of Agreement between the State
Planning Office and the Land Use Regulation Commission.)

226

9.7 THE DEPARTMENT OF MARINE RESOURCES

The Department of Marine Resources is a line agency in the Executive branch
of Maine government. The Department was established to conserve and develop
marine and estuarine resources of the State.

This respon3ibility is generally carried out by conducting and sponsoring scientific
research, promoting and developing the Maine commercial fishing industry, and by ad-
vising governmental agencies concerned with development or activity in coastal waters.
The Commissioner is empowered to conserve and develop the marine resources and to
enforce the laws relating to marine resources. The Marine Resources Advisory Council,
composed of nine members engaged in commercial activities or industries based on marine
resources, is appointed 'ay the Governor and meets regularly to advise the Commissioner
and discuss current issues.

The roles of the Department and its Commissioner and advisory council which
directly relate to Maine's Coastal Program include:

I1. The Commissioner serves as a member of the Committee on Coastal De-
velopmenW an: Conservation

2. Enforce relevant sections of the Wetlands Control Law (38 MRSA t 471)

3. Advise state and federal agencies on the ecological effects of dredging,
filling, and otherwise altering coastal wetlands

4. Cooperate, consult and advise with other appropriate state agencies on
all interrelated matters involving the coast and its marine resources

5. To close contaminated shores, waters, and flats

6. The Commissioner administers the Fisheries Management Act, making
regulations to assure the conservation of marine resources in any of the
coastal waters or flats of the state (12 MRSA t 3504)

7. The Department will examine Federal activities and actions to determine
if they are consistent with the laws that it administers and forward their
recommendations to the State Planning Office.
8. The Department enforces the laws it administers and the permits it grants.

227

9.8 THE DEPARTMENT OF INLAND FISHERI ES AND WILDLIFE

The Department of Inland Fisheries and Wildlife is a line agency within the
Executive branch of the Maine government established to ensure that all species of
wildlife and aquatic resources in the State are maintained and perpetuated for their
intrinsic and ecological values, for their economic contribution and for their recre-
ational, scientific and educational use by the people of the State.

The Department is composed of fifteen divisions as wellI as an Advisory CouncilI,
composed of seven members which advises the Commissioner . Among its many programs'.
the Department is responsible for the coordination,, administration, and legal functions
associated with applications to alter waters under the jurisdiction of the Stream Alter-
ation Act.

The Department's activities most directly involved with Maine's Coastal Program
include:

1. The Commissioner and Department administer the Stream
Alteration Act which requires a permit prior to dredging,
filling, and most construction activities affecting streams,
rivers, and brooks in the state above head of tide.

2. The Commissioner and Department review relevant projects
failing within the jurisdiction of the Site Location of De-
velopment, Coastal Wetlands, and Land Use Regulation
Commission laws.

3. Consult, advise, and cooperate with other appropriate
state agencies on all interrelated matters involving the
state's wildlife and fisheries resources.

4. The Departmnent will review the consistency deteim ination of
federal agencies regarding those federal activities which may
have significant in1 pact on the coastal area and forward their
recommendations to the State Planning Office.

5. The Department enforces the laws it administers and the
permits its grants.

9.9 THE REGIONAL PLANNING COMMISSIONS AND COUNCILS OF GOVERNMENT

The regional planning commissions are established under Maine law. (30 MRSA
1301 and � 4511-4516.) They are voluntary organizations consisting of representa-
tives of the towns and counties within their districts. The purpose of the regional
planning commissions is to "promote cooperative efforts toward regional development,
prepare and maintain a comprehensive regional plan, coordinate with state and
Federal planning and development programs, and to provide planning assistance to
municipalities".

The Councils of Governments are established in Maine law by 30 MRSA �� 1981-
1986. They may be Formed by agreement between two or more municipalities for
the purpose of studying common problems, promoting cooperative arrangements and
making recommendations to members and other public agencies.

There are seven regional planning commissions and one Council of Govern-
ments in Maine's coastal area; (these are shown on the map on the next page.)

I. Southern Maine Regional Planning Commission
2. The Greater Portland Council of Governments

3. Southern Midcoast Regional Planning Commission
4. Southern Kennebec Valley Regional Planning Commission
5. Eastern Midcoast Regional Planning Commission
6. Penobscot Valley Regional Planning Commission
7. Hancock County Planning Commission
8. Washington County Regional Planning Commission

The most important roles of the regional planning commissions and the Portland
Council of Governments are as follows:

1. Assist towns in solving their own resource planning and management problems.

2. Identify and work on resolving regional resource planning and management
problems.

3. Promote cooperative efforts among towns by encouraging them to w?rk
together to resolve problems of mutual concern.

4. Designate a representative to serve as a member of the Committee
on Coastal Development and Conservation.

5. Review work programs and the results of work accomplished and comment
from the various regional perspectives.

6. Since the regional planning commissions are the areawide clearinghouses
under the A-95 review system, they will receive notices of activities
which may be reviewed for federal consistency. The regional planning
commissions may advise the State Planning Office or core law agencies
of (1) projects which may be subject to consistency review, and (2) their
evaluation of projects which are being reviewed for consistency.

/~~~~.r:waRA &--K

-, ~7-

/ -~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~. ''t-I I -

/-~~~~~~~~~* ~ ~

-.4~~~~~~~~~~I-

~~~~~~~~~~-- -- Reioa PanigComsso
r Portl and J ursditonBundariesR
I.--~~~uni of-
.1S a(a ENEB
f~OGN LMIvenfensWthinDitrict

~~~Coastal Progam

9.10 THE PUBLIC

Because the role of the public is central to Maine's entire Coastal Program,
it is somewhat artificial to consider this a separate topic within this section on
"Organization ".

The public has been involved extensively in developing Maine's existing land
use programs. The- laws were adopted and amended by the Legislature after public
hearings. Private citizens serve on the Committee on Coastal Development and Conser-
vation, the Board of Environlmental Protection, the Land Use Regulation Commission,
the town planning boards, the regional planning commissions, and many other groups that
play a role in Maine's Coastal Program.

The Committee on Coastal Development and Conservation and the State Plan-
ning Office have held over 35 public meetings with coastal residents from Calais 'to
Ogunquit to determine what direction Maine's coastal residents want the Coastal
Program to go. Several thousand copies of newsletters have been mailed out over
the last year. Over a thousand draft program descriptions have been circulated and
comments requested and received. Hundreds of questionnaires have been circulated and
tabulated. For a more detailed account of public involvement in the development of
Maine's Coastal Program, see Section 3.

Opportunities for public involvement in Maine's developing program will con-
tinue to be offered through these same avenues.

CROSS REFERENCE

I Cross reference between OCZM's requirements and Maine's
program 235

CROSS REFERENCE BETWEEN OCZM'S REQUIREMENTS AND MAINE'S PROGRAM

(The numbers in this table refer to Sections of the Act, the Federal Register, and Maine's
Coastal Program (letters refer to Appendix, numbers to Text.))

MAI NE'S
FEDERAL COASTAL
CZM ACT REGISTER PROGRAM

Bourdaries, 305(b)(1) 923.31, 923.32, B
923.33, 923.34
Uses subject to management, 305(b)(2) 923.11, 923.12 6, 7, B, C

Areas of particular concern, 305(b)(3) 923.21, 923.23 C

Means of control, 305(b)(4) 923.41 7, F

Guidelines on priorities of uses, 305(bj)(5) 923.22 C

Organizational structure, 305'!6-A) 923.45 9

Full participation, 306(c)(1) 923.58, 923.51 G, H
923.55, 923.3
Plan coordination and continuinr consultation, 923.56, 923.57 1
305( c)(2) (a) & (b)

Public hearings, 306(c)(3) 923.58 G

Gubernatorial review and approval, 3iO6c)(40 923.47 Governor's letter

Designation of recipient agency, 306( c)(5) 923.46, 923.47 Governor's letter

Organization, 306(c)(6) 923.45, 923.47 9, Governor's letter

Authorities, 306(c)(7) 923.41, 923.47 F

Adequate consideration of national interests, 923.52 E
306(c)(8)

Areas for preservation and restoration, 306(c)(9) 923.24 D

Regulation administration, development control 923.41 7, F
conflict resolution, 306(d)(1)

Powers of acquisition, 306(d)(2) 923.41 F

235

CROSS RIEF-ER ENCE BETWEEN OCZM'S REQUIRGMENTS ANDE MAINE'S PROG--RAM

MAINE'S
FEDERAL COASTAL
C Z M ACT R'EGIST ER PROGRAM

Technique of control over land and water
uses, 306(e)(l) 923.41, 923.42 7, C, F

Uses of regional benefit, 306(e)(2) 923.13, 923.41, E
923.43
Adequate consideration of Federal agency 923.51 H
reviews, 307(b)

Incorpora-ion of air and water quality re- 923.44 J
quiremnents, 307(f)

236

BOUNDARIES

I Alternative Approaches for Defining the Extent of Maine's
Coastal Area 239

2 The Seaward Boundary of Maine's Coastal Area 240

3 A Listing of Major Federal Lands in the Coastal Area 241

4 The Status of Various Inventories and Maps of Natural Resources
in Maine's Coastal Area 245

5 Table of Coastal Town Populations, Shoreline Miles, and Areas 247

ALTERNATIVE APPROACHES FOR DEFINING THE EXTENT OF MAINE'S
COASTAL PROGRAM

The coastal area was chosen after a number of alternative approaches were
tested and rejected by the public and the Coastal Planning staff. Following is a
partial listing of some of those alternative approaches and some of the reasons why
they were found to be unacceptable:

Approach to Extent of Coastal Area Reason for Rejection

I1. Regional or County boundaries and Both would include large areas of
territorial sea the state distant from the coast.
Both are not as politically strong
as municipal units. This approach
was not supported by a majority of
coastal residents.

2. River Basins and territorial sea Not supported by majority of coastal
residents. Might include 3/4 of State;
puts unequal emphasis on different
areas; i.e. some basins within 25
miles of coast, others 100 miles away.
Contains overlapping administrative
areas.

3. Uniform setback demarcated by Difficult to administer, politically
physical and cultural features and unacceptable as it splits towns and
territorial sea. leads to uneven funding distribution.

4. Areas within 250' of high tidal Excludes large projects close to coast,
water and territorial sea. but not within this narrow zone, that
will have significant impact.

5. Combinations of the above. Difficult to manage because of inconsis-
tencies between areas; not equitable
results in differential treatment to ad-
jacent towns.

239

THE SEAWARD BOUNDARY OF MAINE'S COASTAL AREA

The seaward boundary of Maine's Coastal Area is the outer limit of the U. S. territorial
sea. This is mandated by Section 304(a) of the Coastal Zone Management Act. However,
it should be noted that one or more of the eleven laws which constitute Maine's Coastal
Program apply beyond this boundary.

240

A LISTING OF EXCLUDED FEDERAL LANDS IN THE COASTAL AREA (1/21/77)

(All federal lands are excluded, however, only those 10 acres or more are listed here.)

C^ASTAL
'LTA UN:A LOCATION NAME PROPERTY ACREAGE AGENCY CONTACT

9-2 Calais St. Croix Island National monument 22.2 Dept. of the Interior Keith Miller, Superintende
National Park Service Acadia National Park, RFD'
#1 Box 1, Bar Harbor, ME
04609 288-3338

4-1 Bar Harbor Acadia National Park 34,378.0
.4-2
4-3

1-3 East Orland Craig Brook National Fish 134.7 Dept. of the Interior Michael Hlendrix, Craig
* Hatchery Fish and Wildlife Service Brook National Fish
Hatchery, East Orland, ME
469-2003

4-2 Ellsworth Green Lake National Fish Hatchery 128.9 Bernard Donnison, Green
Lake National Fish Hatcher
Ellsworth, ME 04605
667-9531

2-3 KMtinicus Seal Island National Wildlife 65.0 Dept. of the Interior,
Refuge Fish and Wildlife Service
Moosehorn lNational Wild-
life Refuge, Baring, ME
454-3521

6-1 Popham Beach Phippsburg-Pond Island Wildlife 10.0 Willi och, Acting
Refuge Refuge Manager, Parker
River National Wildlife
Refuge, Newburyport, MA
Al nr,, 'IS7_3A;_r7';7

9-2 Baring, Calais Moos0ehorn National Wildlife 16,065.0 Dept. of the Interior Refuge Manager, Moosehorn
Refuge Fish and Wildlife Service National Wildlife Refuge
Calais, HE 04619
454-3521

Yolk colinty Rmclut, C-truon fictional Wild- 1,406.4Wlla oh )ctn

Msulagdr, Pa~rk4ar Ri~ver

li-i ~~~~~~~~A. flraive 11oat Harbor DivIsIoan 233.26 674555
11-2 Ii. G:~~~o~;o I~ck~ Dl~~vij~ion 300.50
11-2 0. r~~~~~~~~ittle Iiver j~iVi:jjon 105.10
d.' mo,)ly t)ivIsion 105
11- 2 J-1. )"~Inau Rilver Dlivision 241.0
il-i , 11-2 f. hipp~~Ulyr 1-fll4 Divisifosl 1115. 20

It. 5puLlwialk Rtvelr IJlvihi;os
2-1 PreIlk.9I1 i'su In jt;LIjjj Iliktionzi1 Wildlifa 20Jouj anicZoshr

Pefucj..~~~~~~~~~~~~~ ~National Wildlife flefuge,

Calais, Mg~ 04619
45-1-3521
7-1 t~hf Petit .1flls Iltional 1.ildlitfe 1560

1-:! Iio11f~ia loiurnjSto 130.3 Federal Coiuniunicatlon Fed,_-ram Commnunicjtion Car

Commission1 Route 137, 1,0 po.x 470
IDolfiut, f-M 04913
3 303-40800

2-1 51. CeOLIJE~~ l~hIULtd k~ jIJcjht atatioll 16.0 First Coast Guard District

2-I i~on'j l~.and Pit. Cuce Doner R~lai4, r1i'j1t B~in 01VO CaUS~eWay Street
*3- 1 ibrnL Du~.rt: I&~IIL I)~nit Jh.~j Y~inhl10.0 Boston, Mass. 02114

&- L c;.�orej'aui ~ 1,111J'.Yti ]s1indl Lt'jfit Station 1.

U-2 ~ ua~ot LliyIi~ulLgtft-ttm 45.0
0-2 Cell ur Y~~~i iitte, fliver Liglit sLLIAOIj 1~.0

* ~~~ioi-iPrln fglh1o-in l!OH

COASTAL ACR AGENCY CONTAC
p[.%N AREA LOCATION Nj~M PROPIR M,
PLAN AROM~A LOCATION NAME PIROPERTY ACREAGE AGENCY CONTACT

6-1 Brunswick Brunswick Naval Air Station 3,472.0 Navy Commanding Officer
6-1 a. Harpswell Casco Bay-.FUl Farm (fe)70. B ck Naval Air Sta.
Bath Road
Urunswick, '.2t 04011
921-1110

6-2 d. Topsham (fee)43.35
(easement) 11.0

8-2 Cutler - Cutler Radio Station 2,988.0 Commanding Officer, U.S.
Naval Radio Station, Cut
ME 259-8551

5-1 South Bristol Industrial Reserve Plant Rep. 15.0
Office

11-1 Kittery Portsmouth Naval Shipyard 277.0 Commanding Officer, Port
Seavey Island mouth Naval Shipyard,
Kittery, ME 439-1000
4-3 a. Winter Harbor Security Group Activity Housing Commanding Officer
4-3 b. Gouldsboro Security Group Activity Operations 465.0 Security Group Activity
c. Winter. Harbor Security Group Activity Housing 177.0 Navy Base
4-3 d. Winter Harbor Security Group Activity Winter Harbor, ME
963-5534

12 Winterlort Land Utilization Project 260.0 'U. S. Dept. of Agriculture Forest Supervisor
Forest Service * White Mountain Nat'l Forest
P O Box 628
Laconia, N.H. 03246
(603) 524-6450
2-2 Thomaston Subsurface Mineral Rights 18.6 U.S. Department of Dept. of the Interior
the Interior, Bureau Bureau of Land Management
of Land Management Eastern States Office
7981 Eastem Avenue
Silver Spring, MD. 20910

COMTA',
p; ~AlA LOCATION NAME PT1OPE.RTY ACRRAG1G AGENCY CONTACT

>: :'cachiasjrort Pucks Hlarbor Air Force Sta. 87 Air Force Co-rm.anding Officer, Bucks
Har1bor A.X.S., Ducks
Haibor, 14-E 255-8316

1-2 Searsport P.O.L. Retail Distribution Sta. 1,266 Air Force Petrol Dept. U.S.A.F. Depc
Se,4rsport, ME5 540-2201

12 Bangor Bangor Housing Site 3 59 Air Force 309 CSGIDE
Pease AFB ME

12 Bangor Bangor International Airport 379 ANG Commanding Officer
12 Bangor Bangor Ammunition Storage Annex 713 ANG Air National Guard (ANG)

10-i South Portland South Portland ANG Station 12 ANG 947-0571

v~~~
INVENTORY STATUS

The status of various inventories of coastal resources undertaken by the State Planning
Office with the use, in part, of 305 OCZM funds. For an explanation of the Area
and Map numbers, see the map that follows:

Complete

Data being collected

Area 1 2 3 4 5 6 7 8 9 10 11 13
Map 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 1 2 1 2 1 2 1 2 1 2
- m m_ m_ m imm .
Sol Is
Watersheds |
Legal Water Classification |
Recreation Facilities |
Public Access
Historic Sites |
Intertidal Communities ,
Prime Agricultural Soils | I __-
Surficial Geology
Land Cover Types |
I ,
Bedrock Groundwater _ ' I__
Marine Environments - --
Wildlife Resources I ! I _ _ I
Slopes - -t - --I ....A!
Archaeological Sites ! i __ _ j- i
Marine Resources L I _ l1

All maps are available at the State Planning Office. They may be viewed
there or specific maps will be mailed upon request.

MAP STATUS

Maps shown as available can be obtained from the State Data L - collected [77
Planning Office, 184 State Street, Augusta, Maine, 04333.
Currer- Available

gPrinted El

Being prepare,:-- r printing

ARA 1- 12 3 4 5 6 7 8 9 1 0 1 1 2 13
MAP 12 3 12 3 123 12 3 123 12 12 12 12 12 1
Topography
Legal Water Classification
Soil Is
Land Cover -
Fish & Wildlife II
r-j ~Fish & Wildlife 11
Recreation Facilitiesj
slopes - ----

Favorability - 11 _____
Land Use - - - - - - - ----- ---- ------

COASTAL TOWN POPULATION, SHORELINE MILES, AND AREAS

1975 Population Shoreline Area In
(# Persons) Miles Square Miles

1.1 Northport 745 11.00 24.7
Islesboro 451 61.45 15.6
Brooksville 779 55.50 33.8

1.2 Belfast 6495 10.50 34.0
Searsport 2070 16.75 29.9
Stockton Springs 1156 15.75 19.9
Prospect 361 9.50 18.7
Ccstine 1266 17.45 7.9
Penobscot 361 20.80 42.2

1.3 Frankfort 773 5.00 25,3
Bucksport 4398 11.25 54.2
Verona 623 12.00 6.6
Oriand 1621 11.00 51.6

2.1 Friendship 952 44.52 12.7
Cushing 546 40.81 20.7
St. George 1786 106.89 23.1
So. Thomaston 913 24.21 13.8
Owls Head 1417 48.90 8.8

2.2 Warren 2223 49.6
Thcmaston 2908 03 11.3
Rockland 8899 12.50 12.9
Rockport 2260 30.90 22.8
Camden 4289 16.60 19.6
Lincolnville 1085 4.75 39.1

2.3 North Haven 550 56.81 11.6
Vinalhaven 1151 122.45 22.1
Matinicus 100 22.80 25.5

3.1 Swans Island 422 65.22 11.1
Long Island PIt. 61 25.50 2.4

3.2 Isle au Haut 62 48.26 11.5
Stonincton 1256 51.47 8.5
Deer Isle 1311 125.65 29.0

Note: Numbers in left margin refer to the accompanying map which locates each town
in the coastal area. Shoreline miles are derived from "Conservation Priorities
Plan, " 1971-72, State Planning Office. These figures are not final, they will
be confirmed by the towns prior to using them in determining formula allocation.

1975 Population Area in
(# Persons) Square s

3.3 Sedgewick 648 16.75 27.6
Blue Hill 1603 42.10 56.7
Brook lin 686 37.41 18.5

4.1 Tremont 1265 16.1
Southwest Harbor 1815 41.20 13.8
Mt. Desert 1744 14.65 40.1
Cranberry Isles 202 53.10 3.1
20.45
Trenton 658 20.25 1
Lamoine 726 28.25 20.0
Bar Harbor 3564 33.80 44.4

4.2 Surry 623 39.2
Ellsworth 4785 24.10 93.3
T8 SD 110 16.50 16.8
Hancock 1308 28.25 31.2
Franklin 847 18.00 39.1

4.3 Winter Harbor 1239 29.90 12.5
Sorrento 337 15.50 4.0
Gouldsboro 1352 58.71 50.3
Sullivan 820 9.75 28.0
T7SD 9 NA 26.8
T9 SD NA NA 9.6
T! 0 SD NA 42.4

5.1 Monhegan 63 5.60 .78
South Bristol 758 54.75 12.2
Bristol 1543 46.60 35.5
Southport 442 27.85 4.7
Boothbay Harbor 2196 18.55 5.6
Boothbay 1938 37.55 20.4
Westport 307 8.9

5.2 Wiscasset 2527 23.25 25.7
Dresden 928 11.50 32.2
Alna 381 9.11 22.6
Newcastl e 1152 26.00 31.
Edgecomb 645 18.5

5.3 Damariscotta 1250 10.63 13.9
Bremen 529 36.25 16.3
Nobleboro 93 4.5 23.7
Wa Idore 363'7 7443.37

248

1975 Population SHORELINE MILES Area In
(# Persons) Square Miles

6.1 Harpswell 2694 184.89 21.9
Brunswick 17,003 50.25 49.7
West Bath 1102 52.90 12.3
Arrowsic 217 21.74 8.8
Phippsburg 1284 87.58 30.9
Georgetown 500 62.51 19.6

6.2 Bath 10,029 3 9.8
Topsham 6262 35.00 33.1
Bowdoinham 1559 34.96 36.9
Perkins Twp. 6 10.30 2.6
Richmond 2447 6.23 30.8
Woolwich 1841 60.75 37.6

7.1 Steuben 846 52.83 45.4
Cherryfield 809 6.20 45.8
Milbridge 1248 75.29 24.7
Harrington 607 67.91 22.9
Columbia 176 36.6

7.2 Addison 795 88.82 44.0
Columbia Falls 445 22.0
Beals 666 43.65 5.5
Jonesport 1504 87.20 24.3
Roque Bluffs 336 25.33 11.7
Jonesboro 555 15.25 37.7
Centerville 20 44.4

8.1 Machiasport 1057 67.80 22.2
Machias 2588 9.09 14.3
Whitneyville 240 14.7
Marshfield -273 4.50 18.8
East Machias 1216 8.43 45.2

8.2 Cutler 797 45.7
Whiting 257 3.79 52.4
Marion 32 42.9

9.1 Trescott 219 66.06 29.2
Lubec 1910 92.87 37.4
Edmunds 241 29.78 39.4

249

1975 Population Area In
(I Persons) SHORELINE MILES Square Mffes

9.2 Dennysville 273 5.30 715.0
Pembroke 1009 47.06 29.3 W
Perry 1061 36.74 34.5
2172 20.11
Robbinstan 334 7.58
Calais 33933 11.74 29.9
Pleasant Poins 575 est. 0.2

10.1 Scarborough 9291 22.64 48.'9
South Portland 23,641 8.71 12.9
Cape Elizabeth 8091 23.11 14.4
Portland 63,373 52.14 19.1

i0.2 Falmouith 6177 15.53 31.0
Curber Iland 4177 28.58 23.2
Yarrmou-h 5247 29.08 12.5
Freeport 5166 36.29 37.0

11.1 K ttery 10,958 31.49 18.5
Eliot 3848 10.99 20.3
South Berwick 3907 6.06 32.9
York 6149 42.23 56.1
Wells 5029 34.83 61.9

11.2 Kennebunkcort 2207 21.4
Kennebunk 6005 18.94 3 5 .9
Arundel 1543
Biddeord 19,826 35.33 30.7
Saco 12,306 18.46 33.8
Old Orchcrd 5878 5.40 7.5

12 Winterport 2287 8.50 36.0
H.Cn d an 4933 8.10 238.3
Orringtcn 2328 8.00 26.6
Brewer 9258 4.41 15.2
Bcngor 32,330 5.93 34.5

13 Gardiner 6547 6.29 15,9
Pi~tsrofl 1989 22.49 32.6
Raondolphl 1967 1.96 2.6
Rcndolph3.0 2.0
Fc.-m incdc le 2510 4.47 11 .3
Chelsea 2808 2.86 19.5
HaIlivowel 2673 4.31 57 7
Augu~sta 21,614 57.?

250

MAINE
COASTAL AREA

~~~~~~~~~2

l-J~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-

13~~~~~~44~~

Ln~ ~ ~~~:

10~~~~~~ LEGEND
I . Upper Penobscot Boy
2. Knox Region
....... ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~3. East Penobscot Boy
4. East Hancock County
5. Lincoln County
6. Western Mid-Coast
7. West Washington County
8. Central Washington County
9. East Washington County
10. Cumnberland -
Greater Portland
IIl. southern Maine
12. Bangor Area
13. Augusto Area

GEOGRAPHIC AREAS OF PARTICULAR CONCERN

1 Description 255

2 Operational Definition of Direct and Significant Impact 262

3 Permissible Land and Water Uses 263

:M1

GEOGRAPHIC AREAS OF PARTICULAR CONCERN

Maine's Coastal Program considers all land areas within 250 feet of the normal
high water of any great pond, river,- or salt water body, as geographic areas of particular
concern.

The Shoreland Zoning Law and Land Use Regulation Commission, in its jurisdiction,
provide the state with means to control and guide development in these areas assuring
that their value is not unreasonably diminished.

Priorities for uses in geographic areas of particular concern are established in
Shoreland Zoning ordinances and Land Use Regulation Commission land use standards,

NATURE OF CONCERN

This geographical area is considered critical because of the biological and
cultural use, values, and interrelated impacts converging in the land and water inter-
face. While each value or each use may be found to occur elsewhere, it is the often
simultaneous and potentially conflicting uses and values that make the 250 foot zone
an area of public concern and responsibility.

On the one hand these areas are of natural resource value because, in general,
they contain scarce, fragile, or vulnerable natural habitat, and essential links in eco-
logically significant food chains. On the other hand these areas are of cultural signi-
ficance to man because they have high recreational value, provide access, and are
highly scenic. Further. if developed, the shorelands mav be areas of significant hazard
from storms, slides, floods, and erosion. Erosion is an example which has both natural
and cultural causes and impacts. Soil loss and sudden erosion causes great hardship to
people's homes and reduces the economic value of the land; at the impact end it causes
sedimentation and siltation which interferes with the natural intertidal or fresh water
wetland, river, or lake biota.

Because of man's attraction to water for economic livelihood through fisheries,
residential attractiveness, and recreational use for boating, sport fishing, and swimming,
there are many development pressures which depend on the use of or access to coastal
waters. Urban areas and areas under high qrowth pressure are already exhibiting the
effects of competitive uses.

While water acts as a focus for development, water related activities in turn
have a negative impact on the water quality, wildlife habitat, as well as the aesthetic
resources in these areas. It is this irony that is the basis for these
areas being of concern. The very natural resources which form the basis of man's bio-
logical, economic, and, yes, recreational well being are the same which attracts man's
use. These activities, in turn, when unchecked, may ultimately diminish or damage the
values sought.

This recognition and the existing trends in southern and midcoast Maine for in-
creased pressure and growth have led to passage of legislation providing for planned
reasonable use of those areas not yet developed and for more careful land use practices
in already developed slorelines.

The intent of the legislature was to provide a mechanism 'to protect the irreplacable
natural resources which man is ultimately dependent upon and at the same time allow for
conflict resolution by channeling uses to appropriate areas.

CONTROLS UNDER EXISTING LAWS

Shoreland Zoning
The Shoreland Zoning law and model ordinances provide protection for areas within
250 feet of the water by:

- des.gneuting particularly fragile areas as Resource Protection Districts
- requiring permits for lmnd use activities which have the potential for damage
- setting performance standards for allowed acitivities carried
on in the 250 foot area. These standards'provide protection for the
resources in the area.

District Designation

Resource Protection Districts include areas in which'development would adversely j
affect water quality, productive habitat, biotic systems, or scenic and natural values. It
further specifies that the following areas within 250 feet of water shall be designated
Resource Protection Districts:

lo Inland or coastal wetlands (any swamp, marsh, bog, beach, flat or other land
above extreme low water which is subject to tidal action).

2. Flood plains as defined by the 100 year flood or the flood of record, or in the
absence of these, by soil types identifiable as recent flood plain soils.

3. Areas having sustained slopes greater than 25%, or unstable soil subject to
slumping, mass movement, or severe erosion, when these areas are two acres or more
in size.

These are minimum standards, municipalities may indicate other areas such as natural sites
of significant scenic or aesthetic value, areas designated by federal, state, or municipal
governments as natural areas of significance to be protected from development.

The other two districts are Limited Residential and General Development. General Develop-
ment District identifies areas where development depends on use of or access to coastal watP*
and provides for such development. Limited Residential allows for residential use. All distric
are subject to performance standards.

It should be emphasized that not all land within this geographic area of concern
is zoned Resource Protection.

As the Governor's letter to the oil industry in Appendix E indicates, several
Maine communities have indicated interest in having onshore support facilities for
offshore oil activities. These towns have zoned a portion of their waterfront areas
(the land area within 250 feet of the water) as areas to be developed for industrial
uses. The zoning maps are available upon request at the State Planning Office.

The City of South Portland has an extensive industrial zone at the coastal
portion of the Eastern Peninsula,4 encompassing an existing industrial use, with
approximately fifteen acres still vacant.

The City of Searsport is extremely interested in attracting a major cargo port
facility as well as other industrial projects. Accordingly, it has zoned all the shore-
land area on Sears Island, and 7,000 feet frontage on Long Cove; 6,000 feet frontage
at Kidder Point; and 2,000 feet at Stockton Harbor., as Industrial Zone.

Similarly the Town of Stockton Springs has Industrial Zones as well as General
Development Districts within its Shoreland Zone area,

The Town of Kittery has zoned Seavey Island and Clarks Island, both in
Shoreland Area, as Industrial.

The City of Portland, has a number of categories of Industrial Zoning, each
with their own standards. More detailIs are available from the City Planning
Department. In fact, the majority of Portland's waterfront on the harbor and along
Fore River are zoned Industrial.

This listing of Industrial Zoning does not imply that the proposal would not
be subject to the performance standards and required permits, only that the cities
have expressed their interest to entertain development which is appropriate to an
Industrial Zone.

25 7

Permit Requirements

The permit requirements under shoreland zoning provide control over permissible
uses, The use chart in Section 7.43 provides quick reference to permissible uses in each
district.

All districts require permits for the following uses:

- Residential, Commercial, Industrial structures
- Campgrounds
- Permanent docks and~wharves
- Public utilities, including sewage collection and treatment

In Resource Protection Districts:

Uses prohibited are:
- Residential, commercial, and industrial structures
- Commercial campgrounds

Uses requiring a permit are:
- Timber harvesting
- Agri cu I ture
- Road construction
- Park development
- Piers and docks
- Public utilities
- Earth moving

Limited Residential-Recreation Districts:

Uses prohibited are:
- Industrial and commercial structures

Uses requiring a permit are:
- Residential structures
- Campgrounds
- Piers and docks
- Public utilities and sewers
- Filling or other earthmoving greater than 10 acres

In General Development Districts:

No uses are prohibited.

Uses requiring a permit are:
- Residential, commercial or industrial structures
- Campgrounds

- Piers and docks
- Public utilities
- Filling or earthmoving activities of more than 10 acres,

The following table summarizes the controls under each district by showing the
permissibility of some uses in the 250 foot shoreland area under Shoreland Zoning Law
and the Land Use Regulation Commission,

Shoreland Districts

Resource Protection No No Permit No Permit

Limited Residential Permit No Yes,standards Permit Yes,standards

General Development Permit Permit Yes,standards Permit Yes,standards

LURC Districts

Development Permit Permit Permit Permit Permit

Great Ponds - P-GP Permit Spec. excep. Yes,standards Spec. excep. Yes,standards

Recreation - P-RP No No Permit No Yes,standards

Shoreland- P-SL Permit No Yes,standards Permit Yes,standards

Wetland - P-WL No No Yes,standards No Permit

* This table is not intended to be used as legal guidelines. Full tables are in Section 7 of the
Text and Section F of the Appendix.

** All uses must meet applicable performance standards,

*** Before permits are issued, granting authority must judge that criteria on acceptability
are satisfied.

259

The Planning Board or Code Enforcement Officer uses the following criteria-in
evaluating proposed activities requiring a permit. These criteria assure protection for
these areas.

The proposed use:

- will not result in unsafe or unhealthful conditions
- will not result in erosion or sedimentation
- will not result in water pollution
- will not result in damage to spawning grounds, fish, aquatic life,
bird and other wildlife habitat
- will conserve shoreland vegetation
- will conserve visual points of access to water as viewed from public
faci li ties
- willI conserve actualI points of public access to waters
- willf conserve natural beauty
- willI avoid problems associated with flood plain development and use.

Performance Standards

A signifi cant means of preventing degradation in the 250 foot shoreland protection
area are the performance standards for carrying out the following activities in all districts:
Agriculture, beach construction, campgrounds, clearing of trees, mineral exploration,
piers and docks, residential dwelling construction, road construction, sanitary waste
disposal, signs, and timber harvesting.

These standards generally reflect the best available guidance for land use
activities, usually referring to standard reference. For example, a standard for the
agricultural activity of manure spreading is:

"All spreading or disposal of manure shall be accomplished in con-
formance with the 'Maine Guidelines for Manure and Manure Sludge
Disposal on Land' published by the University of Maine and the
Maine SoilI and Water Conservation Commission, in July 1972 or
subsequent revisions thereof."

For more details on the Shoreland Zoning low and its administration please see
Section 7.4 of the Text and Section F4 - of this Appendix.

Land Use Regulation Commission

The provisions under the Land Use Regulation Commission's low are not described *
in as great detailI because they cover only 5% of the coastal area. The full description W
of this low is found in Section 7.5 of the Text.

2, 60

Similar to Shoreland Zoning, Land Use Regulation Commission designates the
250 foot land area of any pond, river, or salt water body as a protection district or if
already developed, general development district.
Shoreland areas may be included under a number of zones, each of which have
standards for use: The General and Industrial/Commercial Districts provide, in part,
for areas where development depends on use of or access to coastal waters and develop-
ments. Flood Plain, Soil and Geology, and Wetlands Protection Districts establish
effective use regulation to assure protection of resources in these areas.

Shoreland and Great Pond Protection Subdistricts, many of which apply to
coastal islands, regulate land use in areas within 250 feet of water that are not in
more protective subdistricts.

Just as under shoreline Zoning, the law provides for land use control by permit
requirements and performance standards for land uses of activities.

GUIDELINES FOR PRIORITY OF USES

Under both the Shoreland Zoning Law and the Land Use Regulation Commission
law the priority of uses varies from district to district, with priorities of use established
by designating the district.

For example, in General Development Districts the priority is on commercial
and industrial uses, while in Resource Protection Districts these uses are prohibited
and the priority is on nonintensive uses such as outdoor recreation, wildlife manage-
ment, etc. Thus, the priorities of use vary from one area of the coast to another
according to existing uses and natural resource and cultural conditions.

Further, within these districts the priorities among permitted uses are determined
by the realtionships between these uses and conditions on the site. In making decisions,
the permitting authority evaluates each use proposed according to the criteria listed
earlier and decides whether or not it should be allowed to take place. These criteria
specify what kinds and levels of impacts are acceptable and must be interpreted in light
of the cultural and natural conditions that exist on the site.

261

OPERATIONAL DEFINITION OF "DIRECT AND SIGNIFICANT IMPACT"

For the purposes of defining which land and water uses have a direct and
significant impact upon coastal waters, Maine has taken a broad approach that in-
cludes all uses that occur in state tidal waters of the coast, in intertidal areas, in
coastal town fresh waters and in those coastal land areas within 250 feet of normal
high water. AllI projects occurring in coastal towns that are subject to the Subdi -
vision and Site Location Laws are also considered to have direct and significant
impact.

The assumption underlying the decision to include all these uses is that
any activity occurring seaward of the 250 foot "line" can, potentially, have ad-
verse impact upon coastal waters and that larger projects (as defined in the langu-
age of the above-mentioned two laws), beyond this imaginary line but within
coastal towns, can likewise have an adverse impact.

This does not imply that activities beyond the bounds of coastal towns
(and thus the coastal area) could not have direct and significant impact; they do,
however, the same laws that apply in the coastal area apply to these uses. Maine
has simply had to establish the limits of its coastal area on the basis of other factors,
so as to keep it within reasonable bounds. (See Section 5.4,)1

In summary, Maine's Coastal Program approach is inclusive and broad; the
burden of proof rests with the person(s) proposing a project to show that the use is
permissible in terms of applicable laws and that it will not have significant adverse
impact.

2 62

PERMISSIBLE LAND AND WATER USES

Maine's Coastal Program establishes what land and water uses are permissible within
the coastal area by adopting 11 existing laws; as a "system" the laws act to achieve
the goals of Maine's program and the objectives of the Coastal Zone Management Act.
The laws either establish' what is permissible by evaluating individual project proposals,
through a permit procedure, or by zoning.

The laws Maine has chosen to use as the basis for its program, define areas or projects
that the state considers to have "direct and significant impact on the coastal waters."
These area or project limits are explained in the following table. Basically all develop-
ment uses within Tiers 1, 2, & 3 of the coastal area are subject to control - or, awea
that includes the territorial sea, inter-tidal areas and land within 250' of high water.

The priority of uses in particular areas inMaine's coastal area is also established by the
districting or zoning pursuant to Shoreland Zoning and the L.U.R.C. law. Districts are
distinguishable by the uses which are given priority within them. By designating a dis-
trict "General Development" under Shoreland Zoning it is intended to give commercial
and industrial uses iigh priority than residential or other less intensive uses. Conversely,
the highest priority use in a Resource Protection district is wildlife habitat presentation
or open space for recreational purposes.

As mentioned, the procedure for defining permissible uses depends on the applicable law
or laws. Uses subject to the Protection of Waters, Coastal Wetland, Stream Alteration,
Subdivision, Air, Solid Waste Management, and Site Location Laws are judged on a case-
by-case basis. They are evaluated by the technical staff of the Department of Environmental
Protection and the decision as to acceptability rests with the Board of Environmental Pro-
tection; the laws themselves establish the procedure and standards of performance that must
be met for approval. Stream alteration permits are granted by the Commissioner of the Depart-
ment of Inland Fisheries and Wildlife. Subdivision decisions rest with the local planning board.

The procedures for establishing permissable uses in Shoreland areas and in areas within the
L.U.R.C.'s jurisdiction are established through zoning. The full range of permissable
uses, districts and use standards that apply in these areas can only be evaluated by studying,
at least, the minimum "State of Maine Guidelines for Municipal Shoreland Zoning Ordi-
nances" and the L.U.R.C.'s "Land Use Districts of Standards"; (Chapter X of the Com-
missions Rules and Regulations). Summary charts of uses for these areas of the coast
are included herewith. (Also see Sections 7.43 and 7.53 in main report.)

Permissible uses of the State's marine resources are established by state and local regulations
and those regulations authorized by the Conservation of Marine Species Act. Regulations are
enforced by the Department of Marine Resources after adoption by the Commissioner, once it
is determined that conservation measures are necessary.

263

TABLE H How The Laws Meet The Section 306 CZM Requirements

,AAINE'S COASTAL PROGRAM
I PERMISSABLE LAND AND WATER USES
and & Water Use Control Laws 1

- All direct or indirect pollution discharge, and facilities
related thereto, in Maines tidal waters and fresh waters
1. Protection and Improve- of the Coastal area, have a "direct and significant impact."
ment of Waters - All of the States waters have been inventoried and classi-
Title 38 � 361-A fied.
- Any use (or facility) that discharges pollutants must be li-
censed by, (or get a permit from) the Department of Environ-
mental Protection; conditions may be applied to permit or
licenses.
- Suitability of use is judged on case-by-case analysis and
pollutants must not lower theclassification of the water; "best
practicable treatment" is required and min. standards for
discharges are set. Discharge facilities must have min. im-
pact on existing uses and may be required to be moved.

-Any use in a Coastal Wetland will have a direct and signi-
ficant impact; all uses proposed for these areas must be ap-
proved by a permit procedure.
2. Alteration of -Coastal Wetlands are not inventoried specifically (or mapped);O
Coastal Wetlands their extent is described fully in the Act by referring to vege-
Title 38 � 471 tation and the extent of tidal action, etc.
-The suitability of any use is judged by the Department of
Environmental Protection staff and Board, on a case-by-case
basis, giving consideration to the standards of "reasonable-
ness" d, scribed in the Act, conditions may be attached to
a permit.
-A permissable use is a use that meets prescribed standards and
conditions, that does not threaten the integrity of the wetland.

-Kind of use permitted depends on designation of area where
use is proposed. There are 3 designated zones: (1) Resource
Protection; (2) Limited Residential Recreational and (3)
General Development. (1) Protection zones include areas
that would be adversely affected by development; they include
3. Mandatory Zoning water fowl areas, 100 yards flood plains, slopes of +25% and
and Subdivision may include other wildlife habitat, scenic areas etc..no in-
Control tensive development allowed. (2) Areas not in (1) or (3) are
(Shoreland Zoning) for limited Res/Recreation development (3) Areas of+ 2 acres
Title 12 � 4811 devoted to intensive development.
-These three zones are mapped (or described) by every coastalO
town - (all are within 250' of tidal high water).
-Suitability of use determined by adopted "permitted use" table.
Most development uses require permit; most land use activi-
ties must conform to applicable land use standards.
I)IC A

TABLE H (continued) How The Laws MeetThe Section 306 CZM Requirements

}'~AINE'S COASTAL PROGRAM PERMISSIBLE LAND AND WATER USES
Land & Water Use Control Laws

- LURC deals with permissible uses through zoning. Districts
4. Land Use Regulation are established on the basis of resource characteristics and
(Commission) the resources ability to absorb development. Resource (and
thus district) capabilities to withstand different use activi-
TitleU.R 12 681ties are established from research, precedent..etc. and
standards prescribe what is permitted, what requires a per-
mit and what is prohibited in each district.
- All districts are mapped; the districts in which different uses
will have most direct and significant impact on coastal waters
are; Wetland, Flood prone, Soil and Geology and Shoreland
Protection districts

- The "Guidelines" established by this Act provide a procedure
whereby a municipality can determine if the uses proposed
* 5. Subdivision Low are permissible, given the constraints of the proposed site;
Title 30 ~ 4956 the decision (when the proposal is not within a Shoreland
(250') area and when only minimum state Guidelines are
followed) as to suitability and capability rests with the inter-
pretation given to the following: -
- The subdivision must not cause undue air and water pollution;
has sufficient water available; will not burden water supply;
will not cause erosion or unsafe highway conditions; has
adequate sewage disposal; will not have adverse effect on
scenic beauty.
- These are minimum requirements, stricter standards may be set.

- Projects proposed under this Act are considered "permissible"
when it can be shown that: (on a case-by-case basis.)
- the developer has financial and technical capability, meets
State pollution standards, provides for adequate solid waste dis-
6.Ditevelopmenti of posal, and has sufficient and healthful water supplies;
Deve lop ment
Title 38 ~ 481 - adequate provision is made for traffic movement;
- the project fits harmoniously into the natural environment and
will not adversely affect existing uses, scenic character or
natural resources.
- the site soil types are suitable for the undertaking.
- The burden of proof rests with the developer; each project is
evaluated by the Department of Environmental Protection staff
and Board as to its suitability for the site and resources affected.

L ____ 265

TABLE H (Continued) How The Laws Meet The Section 306 CZM Requirements

MAINE'S COASTAL PROGRAM PERMISSIBLE LAND AND WATER USES
Land & Water Use Control Laws

- All direct emissions into the ambient air and
facilities responsible for those emissions have
7. Protection and Improvement an indirect impact.
of Air Law
Tiolef38 M..SAi r 582- - Air quality regions have been designated for
Title 38 M .R.SoA. ~JJ582- tesae
608 ~~~~~~~~~the state.
608
- Any facility that emits air contaminants must
be licensed by the Department of Environmental
Protection; conditions may be applied to the
license.

- Case-by-case analysis of air contamination
sources is undertaken by DEP and the emissions
from those sources must not lower the quality of
the air; "best practicable treatment" is required
and emission standards are set. Air contamination
sources are subject to the conditions of the license.

8. Solid Waste Management - The regulations established pursuant to this Act define
Title 38 � 1302 & Regu- permissible solid waste disposal activities on the
lalons basis of their ability to:

- provide adequate protection to ground and surface
waters

- reuse and recover valuable resources

- reduce solid waste volume

- Permissibility is determined by the Department of En-
vironmental Protection staff and Board, on a case-by-
case basis, through a permit procedure and approval
of management plans.

266

TABLE H (Continued) How The Laws Meet The Section 305 CZM Requirements

MAINE'S COASTAL PROGRAM PERMISSIBLE LAND AND WATER USES
Land & Water Use Control Laws

All activities requiring dredging, filling, and
the construction of permanent structures above
the head of tide which will have a direct and
significant impact on the watercourse require a
permit.
9. Alteration of Rivers,
Streams, and Brooks - Rivers, streams and brooks protected by this la.v
Title 12 M.R.S.A. are not inventoried or mapped specifically;
JH 2206-2212 however, they are defined by the type of bed
and existing vegetation, etc.

- Each application for a permit is studied injividual-
ly, and if found by the Commissioner to be con-
sistent with the purposes of the law, is permitted,
or permitted with conditions.

- A permitted activity does not unreason3bly de-
grade the quality of the water or the existing
uses of the watercourse.

- Unlicensed discharges of oil to the waters and
adjoining lands of the state are prohibited.
10. Oil Discharge Prevention
and Pollution Control - Oil transfer and oil conveyance operations are
Title 38 M.R.S.A. i� 541 permissible uses only under licenses with safety
operating conditions obtained from the Depart-
ment of Environmental Protection.

Harvesting of marine species is pernissible when
done in accordance with any regulations regarding
that harvesting.

Regulations a-e promulgated under this Law when
11 Regulations for the Con;e:- it is found that conservation or propogation pro-
vation of Marine Specie- motion neasures are necessary for any of the
Law
TiLaw 12 M.R.SOA. ~ 3504 marine resources within :;tate waters or flats.
Title 12 M.R.SoA. ss 3504
- The Regulations may limit the time, method, num-
ber, weight, length, and/o- location of harvesting.

Conmervation measures derived from species manage-
ment plans may be implemented through the regJla-
tory authority of this Act.
9 A7

AREAS FOR PRESERVATION OR RESTORATION

I Criteria for Designation 271

2 Procedures for Designation 273

3 Maine's Critical Areas Program 275

AREAS FOR PRESERVATION OR RESTORATION

Criteria for Designating Areas for Preservation or Restoration

Maine's Coastal Program considers Class A waters, resource protection districts
within 250 feet of shoreline and certain specified protection districts under Land Use
Regulation Commission (LURC's) jurisdiction as areas for preservation or restoration. These
areas have been designated under existing state law for the purpose of preserving or restor-
ing them for their conservation, recreational, ecological, or aesthetic values.

The criteria for designating these areas are either found in the statutes under des-
cription of the area to be protected, or are further specified in model ordinance or pro-
mulgated standards.

* Waters classified A are suitable for water supply and in coastal waters
the SA claffification indicates waters suitable for harvesting and propagating
shellfish and/or fish and wildlife habitat. Waters are classified A where the
dissolved oxygen content is not less than 75% saturation and SA when the
median numbers of coliform bacteria shall not be in excess of 70 per 100 ml;
and fecal coliform shall not exceed 14 per 100 ml. (38 M.R.S.A. � 363, 364.)

* Within 250 feet of high water mark:
- Coastal Wetland which is any swamp, marsh, bog, beach, flat, or
other land above extreme low water which is subject to tidal action.
- Areas rated as moderate to high-value waterfowl areas by the Depart-
ment of Inland Fisheries and Wildlife, as of January 1, 1973.
- Flood plains as defined by the 1 00 year flood or the flood of record or,
in the absence of these, by soil types identifiable as recent flood plain
soi Is.
- Areas having sustained slopes greater than 25%, or unstable soil subject
to slumping, mass movement, or severe erosion when these areas are two
acres or more in size.
It is suggested but not required that the following be also included:
- Significant wildlife habitat
- Natural sites of significant scenic or aesthetic value
- Areas designated ,y Federal-State or municiapl governments as natural
areas of significance to be protected from development. (Guidelines
for Municipal Shoreland Zoning Ordinances.)

� Coastal Areas in LURC's Jurisdiction
In 5% of the coastal areas under LURC's jurisdiction certain areas have
been designated as "Protection Districts." The criteria for such districts are
defined first by statute and then more specifically by regulations pursuant to
a comprehensive planning process. The standards for protection districts are:

271

"A. Protection districts: Areas where development would jeopardize
significant natural, recreational, and historic resources, including but
not limited to flood plains, precipitous slopes, wild life habitat and other
areas critical to the ecology of the region of the state." (38 M.R.S.A.
1 685 A-i .)

The protection districts are further defined in the regulations as follows-

- Highly permeable soil and geologic areas that connect to public
groundwater supplies (acquifer recharge areas).
- Significant fish spawning, deer wintering, and coastal nesting
islands.
- Areas over 2700 feet or below with High mountain characteristics.
- Significant trails, canoeing streams, and remote fishing ponds.
- Areas of more than I 00 acres with greater than 60%~/ slope of un-
stable soilI and geology.
- Areas with I100 year flood plain.
- Areas 250 feet from tidal or flowing waters.
- Important historic, scenic.- scientific, and aesthetic areas.
- Areas below high water, coastal, and inland waters greater
than 100 acres

PROCEDURES FOR DESIGNATING AREAS FOR PRESERVATION AND RESTORATION

I. Class A Waters

The Board of Environmental Protection has classified all water bodies within
the state. The Board may raise the classification after careful consideration, public
hearings and in consultation with appropriate state and federal agencies.

The classification remains in effect until ninety days after adjournment of the
Legislature, unless the Legislature adopts the classification by legislative enactment.

2. Areas Designated Resource Protection by the Shoreland Zoning Act, Within
250 Feet of High Water Mark
The steps and procedures required by the Shoreland Zonigg Act of each
municipality in order to have an approvable ordinance are explained in detail in
Section 7.42. Upon completion of these steps the State reviews the ordinance to
check that areas required to be designated for preservation and restoration, the
Resource Protection Districts, are in fact so designated.

As specified in the Shoreland Zoning Guidelines, ordinances may be amended
by a majority vote of the municipal governing body. Such amendments can also
include redistricting to meet changing land use needs and to designate additbonal
sensitive areas needing preservation or restoration into resource protection districts.

3. Areas for Resource Protection Under LURC's Jurisdiction

The Land Use Regulation Commission (LURC) is required by statute to designate
protection areas. Shortly after passage of the Act the Commission established interim
standards for eleven different protection districts. There was extensive public debate
(and controversy) prior to the adoption of these standards.

LURC then zoned its jurisdiction according to the interim standards, designating
on a map the various protection, management and development districts. This interim
zoning procedure was accompanied by a series of public hearings held in locations con-
venient to the public.

The protection districts were somewhat changed and further refined to reflect the
completed comprehensive plan. A major element of the comprehensive plan deals with
policies regarding environmentally sensitive areas to be protected. Public hearings were
also held on the Comprehensive Plan.

The final (permanent) standards for the protection districts have been adopted
after public hearing. The permanent zoning is now in process.

The Land Use Regulation Commission may initiate, or any state or federal
agency, or any property owner or leassee, may petition for a change in the boundarya
of any land use district or for amendments to any land use standard. Within 45 days of is
receipt of the petition, the Commission will approve or deny the proposed amendment
or schedule a public hearing.

No change in a district boundary shall be approved unless there is substantial
evidence that the change would be consistent with the standards for district boundaries
in effect at the time; the comprehensive land use plan; the purposes, intent, and
provisions of the law, and that changes in conditions have made the present classification
unreasonable. No amendments to land use standards shall be approved, unless there is
substantial evidence that the change would better serve the purpose, intent, and pro-
visions of this chapter and would be consistent with the comprehensive land use plan.

274

.| MAINE'S CRITICAL AREAS PROGRAM

In addition to the above areas which are designated and regulated under the core
laws, the Coastal Program will support Maine's Critical Areas Program.

This program is supportive of the goals and policies of Maine's Coastal Program and
of the process of designating Areas of Preservation and Restoration specified above.

Enacted by the Legislature, the State Register of Critical Areas (5 M.R.S.A.,
HS 3310-3314) gives the State Planning Office the responsibility to develop a Critical
Areas Program for the purpose of identifying, documenting, and encouraging the con-
servation of critical areas.

Critical areas are officially designated areas which contain natural features of
state significance, either highly unusual natural features, or outstanding examples of
more common features.

Critical areas, on both public and private land, may include rare and/or excep-
tional plant or animal habitat, areas of geological or historical interest, and outstanding
scenic areas. Examples include colonial bird nesting sites, naturally occurring rhodo-
dendron stands, significant fossil deposits, and scenic gorges and waterfalls.

Procedures

The registration process begins with the identification of subjects for investigation.
Planning reports are prepared on each subject or type of area on a priority basis. The plan-
ning report includes a complete listing of all known critical areas, a description of the type
of area, the significance to humans, its distribution and frequency, and documentation of its
criticalness in terms of uniqueness and sensitivity to outside influences.

Recommendations for registration of specific areas may be made to the Critical Areas
Advisory Board. The staff notifies the landowner at least 60 days prior to the Board's con-
sideration for registering an area. Upon review of the planning reports and evaluation of
landowner response, the Board votes to accept the designated area for inclusion on the
Register.

Registration identifies the area as being significant and desirable for conservation.
By maintaining a close relationship with the owners of critical areas, the State Planning
Office has been successful in enlisting the voluntary cooperation of the landowners. Some-
times implementation may involve management agreements and the sale or donation of
critical areas.

Critical areas registered in the coastal area include the following: colonial bird
nesting areas, bedrock features, fossils, and rare plants, and marine zoology areas.

App�, Hdffix

NATIONAL INTEREST, FEDERAL CONSISTENCY, AND USES OF REGIONAL
BENEFIT

1 National Interest and the Maine Coast 279
2 Federal Consistency Requirements of Maine's Coastal Program 294
3 Uses of Regional Benefit 301

NATIONAL INTEREST AND THE MAINE COAST

Identification of National Interest

In passing the Coastal Zone Management Act, Congress found that certain
resources and activities are in the national interest. For example, Congress found that:

* "There Is a national interest in the effective management,
beneficial use, protection, and development of the coastal
zone."
* "The coastal zone is rich in a variety of natural, commercial,
recreational, ecological, industrial, and esthetic resources of
immediate and potential value to the present and future well-
being of the Nation." (Section 302 (a) and (b).)

* The management program must provide for "adequate consideration
of the national interest involved in the planning for, and in the
siting of, facilities (including energy facilities,...) which are
necessary to meet requirements which are other than local in nature.
(Section 306c8)

The Act and NOAA's regulations thus require states to incorporate these and other
national interest concerns into their programs. Maine, therefore, recognizes that
certain activities are in the national interest and seeks to assure the balance between
protection and development that Congress identified by giving full consideration for
siting in the coastal area to all facilities of national interest and requiring that en-
vironmental concerns be fully considered as well.

Maine has sought to identify national interests in the coastal area through meetings
with Federal agencies, statements issued by NOAA, correspondence with other Federal
agencies, reports and studies by state coastal management agencies and Federal agencies,
and policy statements from the President's National Energy Plan. After careful review
of a more comprehensive list of facilities and resources that may be in the national
interest, the Coastal Program has identified the following facilities and resources
that are particularly relevant to the Maine coast. These facilities and resources will
continue to receive full consideration during program implementation.

A. National Defense and Aerospace

The state considers military bases and installations,defense manufacturing facilities
and aerospace facilities to be defined as facilities meeting this national interest.

To determine the national i nterest in national defense and aerospace, the following
agencies and entities were consulted among others:
- Commandant, First Naval District
- Office of the Assistant Secretary of Defense
- Offices of the Army, Navy, and Air Force

Major objectives of the national'interest in national defense and aerospace are-

- TO ensure the sovereignty of the nation and protect its citizens
against physical harm or expropriation.
- To establish and maintain those facilities necessary to carry out the
first objective.

Maine's Coastal Program recognizes national defense and national security as important
facets of the national interest. In fact, without this basic recognition of the need
for security, all other parts of this program become meaningless. The state acknow-
ledges that a negative consistency decision on its part may be overturned by the
Secretary of Commerce in the interest of nationalI security. (See Appendix E2. I.)

B. Energy Facilities

The following subsection reviews portions of the Coastal Zone Management Act, as
amended, and NOAA regulations pertaining to national interest considerations in
energy facility siting and discusses how Maine is dealing with energy facilities cited
in the National Energy Plan, issued by the President in 1977.

Prior to granting approval of a management program submitted by a coastal state, the
Secretary shall find that:

"The management program provides for adequate consideration of the national in-
terest involved in planning for, and in the siting of, facilities (including energy
facilities in, or which significantly affect, such State's coastal zone) which are
necessary to meet requirements which are other than local in nature. In the case
of such energy facilities, the Secretary shall find that the State has given such
consideration to any applicable interstate energy plan or program." (Section
306(c) (8).

The Coastal Zone Management Act sets forth broad balancing factors that shall guide
the evaluation leading to adequate facility siting consideration. These factors include:

0 Congressional findings (Section 302(a)(g) that stress a major need
to balance the demands for, and adverse impacts of, development;

* The thrust of the Act, to balance development with resource con-
servation, is reflected in its acknowledgement of "beneficial uses,"
resource development, and financial assistance to meet State and
local needs resulting from new or expanded energy activity under
Section 308; and
0 The summation of the Act's concern for balance is expressed in the
national policy which seeks to achieve wise use of the land and water
resources of the coastal zone while giving full consideration to
ecological, cultural, historic, and esthetic values as well as to
needs for economic development.

280

The above factors and the National Energy Plan and its recommended policies are
important sources for weighing national interests in facility siting and the balancing
of alternative use of the coastal area.

In general, the following guidance is provided by the National Energy Plan:

"The U. S. has three overriding energy objectives:
- as an immediate objective that will become even more important
in the future, to reduce dependence on foreign oil and vulIner-
ability to supply interruptions;

- in the medium term, to keep U. S. imports sufficiently low to
weather the period when world oil production approaches its
capacity limitation; and

- in the long term, to have renewable and essentially inexhaustible
sources of energy for sustained economic growth." (Plan Overview,
P. .IX).

"The salient features of the National Energy Plan are:

- conservation and fuel efficiency;
- rational pricing and production policies;
- reasonable certainty and stability in Government policies;
- substitution of abundant energy resources for those in short
supply; and
- development of nonconventional technologies for the future."
(Plan Overview pp. IX - X)

Maine recognizes the national interest in energy facilities through policy statements on
development and ports, proposed studies, and statements regarding conservation, oil re-
fineries, nuclear power, liquefied natural gas and pipelines, and particularly for considering
onshore facilities related to offshore outer continental shelf development. This commit-
ment is demonstrated by the Governor's "Open Letter to the Offshore Oil Industry"
(enclosed). These are especially important because of the increased interest and
activities resulting from the Department of the Interior's leasing of OCS areas for
petroleum and gas exploration and extraction.

Elements of the National Energy Plan with particular application to the Maine Coastal
Area are as follows:

(1) Conservation - "The conerstone of the Nati onalI Energy Plaon is conservation."
(p. 35 of the Plan).

Comment - Maine's Energy Policy document, as adopted by the Governor,
has as a prime objective the conservation of energy "through the reduction
or elimination of processes that waste energy." Conservation related policies
call for, for example: public education; mandatory conservation where ne'ces-
sary; incentives and penal[ties; public funding to improve energy efficiency in
production, etc.

An~ OpnLter toth

Offsh~~ore OVs Idsry.

June, 1977 tremendous increase in their workload caused by
potato shipments to drought stricken Europe.

This administration has placed a high priority
The first lease sale on Georges Bank is not far on improving the climate for business expansion in
off. We wish to encourage you to think of Maine as Maine and these efforts are succeeding. We have
a potential site for basing your onshore service encouraged an affirmative partnership between
activities. government and industry and stand ready to help
you in any way we can. In return we ask only that
In September, 1975, I stated my administra- you observe the following public interest guidelines
tion's basic policy on OCS development: "Where while developing plans to locate in Maine.
significant new business opportunities are identi-
fied which on balance would produce more gains 1) Inform local officials as early as possible
than losses, the State will seek to work in partner- of your intentions and what the impacts
ship with oil and gas development interests and will be on their communities. Several
coastal communities to bring these opportunities Maine communities including Kittery,
to reality." South Portland, Portland, Bath,
Rockland, Belfast and Searsport have
In December, 1975, I followed up that notified me of their desire to attract
statement with a letter to leaders of the offshore service and supply bases to their harbors.
industry encouraging them to consider Maine for You will find material on these ports
locating OCS facilities and to cooperate with us in enclosed. These local initiatives have my
developing projects which will be profitable and full support.
which also will meet our environmental standards
and help advance economic goals of the State. 2) Contact state and local officials, espe-
cially directors of the Vocational-Techni-
I believe service and supply bases would be cal Institutes to design programs for
economically beneficial, compatible with the training and hiring as much Maine labor
character of the Maine Coast and consistent with as possible.
its seafaring traditions. Maine also has much to
offer the offshore service industry: 3) Communicate specifications of your
material and service needs to suitable
Our many harbors are less congested than Maine companies either directly or
counterparts in Southern New England, and are through the State or municipal develop-
actually closer to eastern tracts on Georges Banks. ment offices.

There are privately owned facilities in these 4) Work with representatives of the fishing
ports which would make excellent temporary bases industry and the Department of Marine
and also numerous sites which could accommodate Resources to identify and resolve poten-
development of permanent installations. tial conflicts with our fishing fleet.

Maine's shipbuilding and repair facilities, Hadley Atlass, the State Development
including the world famous Bath Iron Works, have Director, will furnish you with further information
a reputation for delivering high quality work, on a n Maine. Local contacts are also Ilisted in the
time. I am sure these companies will develop enclosed brochures describing some of Maine's port
services and schedules to respond to your needs for communities.
good fast work.
Welcome to our State.
And most importantly, our coastal labor
force has a depth of experience in the maritime Sincerely yours,
industries. The graduates of the Maine Maritime
Academy have an outstanding reputation for skill
and job longevity. We can also point with pride to
the recent example of the Searsport stevedores James S. Longley'
who responded quickly and efficiently to a Governor

282

(2) Oil Refineries

Comment - Maine recognizes that Congress has said in the CZM that the
siting of energy related facilities such as oil refineries may be in the national
interest. Applications for siting such facilities are handled in the same way
as other large projects. They are subject to existing applicable laws, es-
pecially the Site Location Act, and are acceptable to the state provided
they meet environmental controls. More explicit policies regarding re-
finery siting may result if the Governor and Legislature choose to adopt
the recommendations of a study of heavy industry that is currently in
progress.

(3) Outer Continental Shelf - "Oil and gas under Federal ownership on the Outer
Continental Shelf (OCS) are important national assets. It is essential that
they be developed in an orderly manner, consistent with national energy and
environmental policies. The Congress is now considering amendments to
the OCS Lands Act, which would provide additional authorities to ensure
that OCS development proceeds with full consideration of environmental
effects and in consultation with states and communities. These amendments
would require a flexible leasing program using bidding systems that will
enhance competition, ensure a fair return to the public, and promote full
resource recovery." (p. 56, Plan)

Comment - OCS related development is permitted in Maine's coastal area
subject to applicable laws. The Governor has committed the state to taking
the lead in assisting coastal communities to prepare for onshore facilities
related to OCS development and the State intends to use future Coastal
Zone Management funds to assist in this endeavor. Maine has made known
its concerns relating to OCS boundary settlement and the effect of some
leases on the Maine fishery.

(4) Nuclear Power - "The United States will need to use more light-water
reactors to help meet its energy needs. The Government will give increased
attention to light-water reactor safety, licensing, and waste management so
that nuclear power can be used to help meet the U. S. energy deficit with
increased safety. " (p. 70 of the Plan).

"in addition, the President is requesting that the (Nuclear Regulatory)
Commission develop firm siting criteria with clear guidelines to prevent
siting of future nuclear plants in densely populated locations, in valuable
natural areas, or in~potentially hazardous locations. Finally, the waste
generated by nuclear power must be managed so as to protect current and
future generations. " (p. 72 of the Plan).

Comment - Maine's Energy Plan states that it is the policy of the State:
"To take no action which would preclude the development of nuclear electric
generating facilities in Maine. However, questions regarding disposal of
*0 ~ ~~~~nuclear wastes, the future availability of nuclear fuels, and the general
safety of nuclear facilities must be resolved at the Federal level before

new nuclear plants are builIt in Maine." This appears to be in line with
the comment noted above on energy facilities.

(5) Liquefied Natural Gas - "Due to its extremely high costs and safety problems,
LNG is not a long-term secure substitute for domestic natural gas. It can,
however, be an important supply option through the mid-1980's and beyond,
until additional gas supplies may become available." (p. 57 of the Plan)

"The previous Energy Resources CouncilI guidelines are being replaced with
a more flexible policy that sets no upper limit on LNG imports. Under the
new policy, the Federal Government would review each application to
import LNG so as to provide for its availability at a reasonable price with-
out undue risks of dependence on foreign supplies. This assessment would
take into account the reliability of the selling country, the degree of Ameri-
can dependence such soles would create, the safety conditions associated
with any specific installation, and all costs involved. " (p. 57 of the Plan).

Comment - The Federal Power Commission is currently considering a site
on the Maine coast as an alternative LNG port terminal in a draft EIS on
the effects of the proposed Tenneco gas pipeline. Such a facility, if
proposed, would be considered under the Site Location Law and other
applicable laws. See Section E.4 below for an example of how this
process would operate.

(6) Pipelines - "it is clear that the energy transportation routes built in the first
half of the century willI have to be supplemented by new routes." (pp. 58-59)W

Comment - Maine recognizes that Congress has said that the siting of
energy related facilities such as pipelines may be in the national interest.
Applications for siting such facilities are handled in the same way as other
large projects. As mentioned above, a trans-state gas pipeline that would
cross much of the coastal area is presently under consideration by the Federal
Power Commission and the State. Proposed by Tenneco, the pipeline would
transport I billion cubic feet/day for use in states to the south of Maine.
Recent legislation enacted in Maine permits the speeded-up review of this
proposal by the Department of Environmental Protection because of the
national energy situation. Thus pipelines are allowed and are subject to
applicable laws.

C. Recreation

In determining the national interest in Recreation, the State will be guided by the
following documents, legislation, and federal agencies:

- The Notion-Wide Outdoor Recreation Plan
- Historic Preservation Act-Public Low 89-665
- Land & Water Conservation Fund Act
- State Comprehensive Outdoor Recreation Plan (SCORP)
- Bureau of Outdoor Recreation

284

- National Parks Service - Soil Conservation Service (USDA)
- Fish and Wildlife Service - Forest Service (USDA)

The State considers national seashores, state-owned Parks and forestlands, large and
outstanding beaches, and recreational waterfronts to be in the national interest.

A review of these documents reveals that the major objectives of the national interest
in recreation are:

- Recreation should be considered as an equal among competing uses
of the coastal region;
- To provide high quality recreational opportunities to all people
of the United States while protecting the coastal environment;
- Increase public recreation in high density areas;
- Improve coordination and management of recreation areas;
- Protect existing recreation areas from adverse contiguous uses;
- Accelerate the identification and no-cost transfer of surplus and
under-utilized federal property.

Comment

The Maine coast is clearly a national recreation resource with visitors attracted
from throughout the notion. The Maine Coastal Program has incorporated the
recreational policy "to improve and expand opportunity for Maine people and
visitors to the state for outdoor recreation on the coast through coordinated
planning, conservation of visual qualities, open space preservation and land
acquisition.

The 34,000-acre Acadia National Park is located in the mid-coast area. Implemen-
tation funds, after 306 approval, would be available to surrounding communities to
address planning and management issues of joint interest with the National Park
Service. The SPO has reviewed the State Comprehensive Outdoor Recreation
Program (SCORP) and has found it consistent with the coastal program and will
work to assure continued consistency. See the Recreation and Access description
in Coastal Issues, Section 4, for more information.

D. Transportation

In determining the national interest in transportation, the State will be guided by
the following documents and Federal Agencies' contacts:

- Department of Transportation Act (49 U.S. 1651, et. seq.)
- Railway Safety Act of 1970 (45 USC 421)
- Coast Guard, Primary Duties (14 USC 2)
- Department of Transportation
- Maritime Administration
- Interstate Commerce Comm issi on
- U.S. Army Corps of Engineers

A review of these documents and previous contacts with the agencies reveals that
the major objectives of the national interest in transportation are-

- To develop a balanced national transportation system including well
articulated and integrated surface, air, water, and subsurface modes.
- To provide fast, safe, efficient and convenient access via one or more
modes of transportation for the movement of people, goods, and ser-
vices to, from, and through the coastal region.

The State has defined Interstate highways and airports to be facilities in which there
may be a national interest in coastal location. The coastal program has incorporated
these interests as described in the Memorandum of Agreement with the State Transpor-
tation Department. (See more in Appendix I

E. Living Marine Resources

In determining the national interest in living marine resources, the State will be
guided by the following documents, specific legislation, and agencies:

- A Compilation of Federal Laws relating to Conservation and
Development of our Notion's Fish and Wildlife Resources,
Environmental Quality, and Oceanography. The Library of
Congress, Congressional Research Service. January, 1975.

- A Marine Fisheries Program for the Nation. U.S. Department
of Commerce. July, 1976.

- Fishery Conservation and Management Act of 1976. (P.L.
94-265)

- Fish and Wildlife Service

- Army Corps of Engineers

- National Marine Fisheries Service

286

A review of these documents reveals that me major objectives of the national
interest in living marine resources as expressed are as folluws:

To conserve, enhance, and manage in a rational manner
commercial fishing which constitutes a major source of
employment and contributes significantly to the food supply,
economy, and health of the nation.

To strengthen the contribution of marine resources to
recreation and other social needs.

To develop and protect'ail species ot wildlife, resources
thereof and their habitat, and to control losses by damzge
to habitat areas through coordinarion with other features
of water resource development programs.

The salient features of the national interest in living murine resources are, therefore:
- emphasis on commercial fisheries
- relationship ot marine resources to recreation
- protection ot marine resources
- protection ot wildlife habitat

The Maine Coastal Program recognizes the important and unique role the State provides
in the protection, development, and harvesting of living marine resources.

The nation's need f'or ample supplies of protein will place more emphasis on the ocean
as a vital source of food. The fish, shellfish, and other living murine resources of
Muine's coast are important to the nation and are recognized as such in Maine's program.
The policy statements on ports, fishing, water quality maintenance, werland conservation,
and marine fishery habitats all bespeak the importance the state places on these resources.
See Section 4 for a description ot rhe issues, Section 5 for relevant policies, and Section
8 for how living marine resources projects will receive funding after 306 approval.

F. Wetlands

In determining the national interest in wetlands the state will be guided by the
following documents and contacts with federal agencies.

- Section 404 of the Federal Water Pollution Control Act,
- The National Environmental Policy Act of 1969 (42, U.S.C. 4321)
- The May 24, 1977 Executive Order - Protection of Wetlands
- Fish and Wildlife Service
- U.S. Army Corps of Engineers
- Soil Conservation Service

287

A review of the document reveals that the major objectives of the national interest
in Wetlands are: i

- To protect basic values of wetlands as habitat and food sources
for waterfowl and aquatic life;
- To protect the functioning of wetlands for flood prevention,
storm buffering, water supply, nutrient exchange, and as a
recreational resource;
- To regulate alteration of wetlands and the disposal of dredged
materials in U.S. waters and associated wetlands.

In concurrence with the President's Executive Orders on wetlands and flood plains
the Maine Coastal Management Program places a priority interest in these resources
and considers their sound management essential in assuring their long-term natural
and economic benefit.

Policies relating to maintaining fisheries, water quality and particularly coastal
wetlands as well as the discussion of coastal issues provide further information on
how this interest AwIl be protected.

288

Consideration of National Interest During Program Development

During the process of program development, the State carefully evaluated the
relevant statutory criteria to determine whether they provided a reasonable
balance between the national interest in the resources protected and that in
siting facilities in the coastal zone. In all cases, the answer was yes.

The Land Use Regulation Commission's Comprehensive Plan for the unorganized
areas of the coast also provides guidelines to direct development. First, it is
the policy of the Plan to encourage new development in, or adjacent to, existing
developed areas and, second, to allow for large well-planned "Planned Development"
in other areas, provided they meet strict performance standards. The detailed
standards are in Chapter X of the Land Use Regulation Commission's Rules and
Regulations, entitled "Land Use Districts and Standards."

All projects of national significance (as well as all other projects) in Maine must
meet national water and air pollution control standards. Maine's Coastal Program
incorporates these standards by reference to the state's air and water pollution acts.
(The State's Protection of Waters Act specifically references to the Federal Water
Polluation Control Act, as amended, in Title 38 M.R.S.A. I 414A 3.)

Maine's Clean Air Act is based on national Clean Air Act (CAA) standards and either
meets those standards or sets standards higher than those established in the federal
CAA. The State Department of Environmental Protection is responsible for regulating
all existing and future air pollution discharges with the exception of motor vehicle emission
* ~~~standards which are a Federal responsibility.

The Department of Environmental Protection likewise administers the states' water
pollution controls. Again, the controls meet or surpass the federal standards
established by the Federal Water Pollution Control Act (F.W.P.C.A.)

Maine has a Federally approved State Air Implementation Plan and, in the coastal
area, there are only three known ambient air quality standard violations. First,
there are photochemical oxidant violations along much of the coast, caused probably
by industry in coastal states to the south of Maine; second and third, there are
particulate and carbon monoxide violations of ambient air quality standards in
Bangor. Maine has no violations caused by new source emissions and no violations
of its hazardous air pollution emission standards. The above mentioned violations
are currently under study by the Department of Environmental Protection in conjunction
with the E.P.A.

The Process of Resolving Conflicts Between National Interest Facilities and Resources
and for Continued Consideration of Identified National Interests

Maine believes that its laws provide a rational balance between the national
interest in resource conservation and that in facility siting. Therefore, the
application of these laws to proposed projects provides an adequate process for

continued consideration of the national interest. For example, energy facilities,
whether they serve only the state or an area outside the state may be established
under the State laws.

In some cases the effect of implementing the criteria will be highly restrictive, for
example for a tank farm proposing to locate on a wetland. Here the criteria of
both the Alteration of Coastal Wetlands Act and the Site Location Act would apply
and would bar the project if it would lower water quality, cause unreasonable soil
erosion, do unreasonable harm to fish or wildlife or cause a variety of other impacts.
For all practical purposes, a wetland must be considered "off limits" to such a pro-
posal, but this is to be expected because of the strong national and state interest in
wetlands preservation as expressed by the Department of the Interior. In other words,
with ample more suitable sites available, the national interest is better served by
preserving wetlands than by locating a large tank farm in a wetland area. Thus,
both the national interest in maintaining energy supplies and interest in maintaining
the quality of the environment can be served.

In other areas the restrictiveness of Maine's laws-vary and the state is not aware of
any case where the restriction appears out of proportion to the national interest to
be served in resource protection.

In assuring continued consideration of the national interest in siting majorfacilities
Maine will use the permit process associated with the Site Location of Development
Act. All facilities identified in the program as in the national interest are subject
to the law and the procedures established by the state place the primary authority
for considering the impacts from siting such facilities on the Board of Environmental
Protection in carrying out the law. As described in the expanded sections on author-
ities and the additional materials added to Appendix F in considering an application
for a permit, the Board uses detailed guidelines and criteria related to each of the
tests established in Hi 484 (Title 38). In addition to receiving testimony on the effects
of a proposal on the environment and its threat to public health, safety, or general
welfare the Board is authorized under �S 484 to receive testimony on the economic
effect of such development. Because national interest considerations are often
expressed as well in terms of economic effects as in terms of environmental effects,
the Board will rely on the full scope of its authority in this section to receive infor-
mation to consider the national interest as it has commited itself to do in the Memor-
anda of Agreement in Appendix I. Such information can in,:lude matters relating to
products costs, importation and balance of payments policies, transportation con-
sideration, and marketing. The procedural guidelines of the Board specifically
provide for all interested parties, including federal agencies, to present their views
in this regard. It is beyond question that the Board's consideration of such factors
does not alter its authority to protect the environment from anything more than
minimal destruction.

The State Planning Office, in its coordinating role (see Section 8.2 of text) will offer
its leadership to insure that the national interest is given full consideration, and will
encourage the examination of all feasible alternatives so that activities in the national
interest can be accommodated with minimum harm.

290

AN EXAMPLE OF HOW MAINE'S COASTAL PROGRAM WILL GIVE FULL CONSIDERA-
TION TO NATIONAL INTEREST

The following describes the procedural steps that may apply to a major oil refinery
project proposed for the Maine coast. It describes how the national interest in pro-
viding such facilities will be given full consideration. The description is purposefully
brief and should be viewed as a broad outline; it makes many assumptions and should
be used only as a rough guide. Any serious proposal should be discussed with the
Department of Environmental Protection (or the Land Use Regulation Commission, if
the project is in unorganized territory). Approval of the project by the Department
of Environmental Protection would satisfy the State Planning Office that the project
is consistent with Maine's Coastal Program.

'ASSUMPTION S

For the purposes of this example the following assumptions have been made:
Type of Project: 200,000 barrel per day oil refinery and marine terminal proposed by
major oil company.
Description of Project: 300 acre shoreline site with oil processing/refining units,
storage tanks, ancillary energy generation and waste disposal
facilities, and a single pier to serve berthed tankers, cargo,
and service vessels.
Location of Project: Sheltered deep water cove in organized town in coastal
area. Served by rail and major coastal highway.

PROCEDURE

Very generally, a project of this magnitude would proceed in the following way:
Step 1. Applicant determines which State laws apply
Step 2. Applicant prepares and files appropriate information with relevant
State Agenck(,es)
Step 3. State agency notifies applicant that information filed is complete
or incomplete
Step 4. State agency reviews complete proposal and schedules public
hearing
Step 5. Testimony on project is presented and heard at public hearing.
Step 6. Agency reaches decision to approve, approve with conditions,
or deny the proposed project.

291.

APPLICABLE STATE LAWS
Because of the size and nature of this hypothetical project, it would be subject to a
number of State laws and would require various licenses and permits, most of which
are administered by the Board of Environmental Protection. That agency's regulations
for the processing of applications states that the Commissioner may require that an ap-
plicant requiring one license, submit all other required applica'tions before any appli-
cation is processed. In practice this discretionary requirement has noT-een applied
to large projects and the Department of Environmental Protection has advised applicants
to proceed with a Site Location of Development application, recognizing that satisfy-
ing the other applicable license and permit requirements that they administer could
be a condition of approval or that these applications could be made later in the process.
For the purpose of this example the latter procedure will be assumed. This example
assumes that a Shoreland zoning permit would be required of the local town and lease
agreement for use of submerged state lands is required of the Bureau of Public Lands.
When these requirements are met is left to the discretion of the applicant, but the
lease agreement is needed as part of the review process.

APPLICATION REQUIREMENTS

The Department of Environmental Protection has a standard application form for Site
Location of Development project proposals (See Appendix F for sample form). The
applicant is required to complete this form and supply such information as the Com-
missioner deems necessary in order to obtain all the information relevant to the permit.
Within 10 working days of receipt of the application the Department of Environmental
Protection must notify the applicant if the application is complete or not. In practice
on a major project, the Department may require considerable additional information,
before the application is considered complete. Especially important is the need for the
applicant to prove title, right or interest in the project site.
By law, should the proposed project require any other environmental permits issued by
other State agencies (e.g. Stream Alteration Law), the Department of Environmental
Protection is required to coordinate and assist the applicant so as to reduce delay and
duplication of effort (See 38 M.R.S.A. 1 341 as amended during the 1977 Regular
Session).

Footnote 1: Licenses and permits required would include the following, the first 7 of
which are subject to statutes administered by the Board of Environmental Protection:
1. Site Location'of Development permits (38 M R.S.A. 1 483)
2. Waste discharge licenses (38 M. R. S.A. � 413 and 414)
3. Wetlands alteration permits (38 M.R.S.A. 1 471)
4. Oil contaminated waste discharge licenses (38 M.R.S.A. 1 543)
5. Oil terminal licenses (38 M.R.S.A. � 545)
6. Anchorage of Oil carrying vessels (38 M.R.S.A. 1 560)
7. Air Emission license (38 M.R.S A. i 590)
8. Shoreland Zoning permit (12 M R. S A. - 4811)
9. Submerged and Intertidal Waters lease from Bureau of Public Lands
(12 M.R.S.A. 1 287, 514A)

292

AGENCY REVIEW OF APPLICATION AND PUBLIC HEARING

Upon notice to the applicant that the application is complete the Department of
Environmental Protection staff undertakes to evaluate the project. Their review,
review by other concerned state agencies, including the State Planning Office,
(under Federal consistency requirements,) and subsequent review by the Board of
Environmental Protection is to be undertaken as expeditiously as possible. How-
ever, on a large project the review may take more than the 30 days and a public
hearing would probably be needed. 30 M.R.S.A. 1 344 requires that a final
decision on an application not take more than 180 days. Again, however, ex-
tenuating circumstances relating to a project on the magnitude of a refinery,
could cause the review period to extend more than 6 months. Such extension
would have to be approved by the Board.

It can be assumed that the Board of Environmental Protection would call for a public
hearing on an oil refinery project. The hearing must be advertised to assure public
notification and, according to the law, the Board "shall solicit and receive testimony
to determine whether such development will in fact substantially affect the environ-
ment or pose a threat to the public's health, safety, or general welfare. " It is the
applicant's responsibility to affirmatively demonstrate that the project meets the es-
tablished review criteria and that the public's health, safety, and welfare is assured.
Under the wording of the law the BEP can consider broad regional, state, and national
needs and interests in making decisions about the acceptability of development proposals.
THE DECISION TO APPROVE OR DENY

Within 30 days of a public hearing the Board of Environmental Protection is required
to make findings of fact and issue an order to approve, approve with conditions, or
deny a project. Such findings must be based on criteria in the law relating to the
applicant's financial and technical ability to meet air and water pollution standards,
adequately dispose of waste, provide for reasonable traffic movement, not adversely
effect the natural environment, and build on suitable soil types.

Other important findings must show the applicant has a valid submerged land lease
agreement (for the marine terminal) and that all other state permits and licenses
have been or can be reasonably obtained. The refusal of any one state agency to
issue a permit, for which it has responsibility, is sufficient to stop the project. In
other words, the Board of Environmental Protection cannot overrule another agency
decision.

Upon finding that a project meets the above requirements the Board must issue an
approval. However, it is quite possible that because of the magnitude of this type
of project, the approval could be conditioned on the need for further study, and the
receipt of other necessary permits. Detailed plans are often necessary to insure that
general proposals meet the environmental standards of the Site Location Law. The
imposition of such conditions prior to final approval is an established procedure of
the Board designed to treat the applicant fairly and protect the public interest.

Final construction may not begin unti I all conditions of approval are met, there
may be instances where the conditions allow construction but withhold the right to
operate the facility until certain requirements are met.

293

FEDERAL CONSISTENCY

The Federal consistency provisions of the Coastal Zone Management Act provide a signifi-
cant opportunity to insure that Federal activities significantly affecting the coastal area
are consistent with Maine's Coastal Program. The State intends to utilize these provisions
without creating burdensome or unnecessary administrative responsibilities for Federal
agencies or for applicants for Federal licenses, permits or assistance.

The Federal consistency regulations establish four types of activities that must be evaluated
for consistency with Maine's Coastal Program; in other words they must be found to comply
with the laws that have been adopted as the core of the State's 306 m anagen ent program .
The four types are:

I . Federal activities (including development projects) that significantly
affect the coastal area;

2. Non-Federal activities which significantly affect land and water uses in the
coastal area, that require Federal licenses or permits;

3. Planned exploration, development, or production activities proposed pursuant
to the O.C.S. Lands Act that require Federal licenses or permits and that
significantly affect land and water uses in the coastal area; and

4. State and local government activities involving Federal assistance that
significantly affect the coastal area.

The following sections describe, for each of the four types of activities identified above:
how the activity is identified; how the state is notified of a consistency determination;
what the state's role will be in developing its consistency review; how the state will re-
spond; and what procedures are available for dispute settlement.

I. FEDERAL ACTIVITIES THAT SIGN IFICANTLY AFFECT THE COASTAL AREA

Federal agencies are responsible for determining whether federal activities have a signifi-
cant effect on the coastal area and whether they are consistent, to the maximum extent
practicable, with Maine's Coastal Program. Federal activities outside of the coastal area
(on excluded federal lands, on the outer continental shelf, landward of the coastal area)
are subject to federal agency review to detemirnme whether they significantly affect the
coastal area.

Consistency determinations, including the necessary information outlined in the NOAA
Federal Consistency regulations, will be submitted to the State Planning Office as the
designated coastal agency. The following federal activities will require federal con-
sistency determinations by Federal agencies and review by the State.

2 94

� Army Corps of Engineers:

- proposed project authorization for dredging, channel works, breakwaters,
other navigation works, erosion control structures, beach replenishment, dams;

- proposed acquisitions.

* Department of Commerce:

- fisheries management proposals.

* Department of the Interior:

- proposed National Park Service acquisitions;

- proposed U.S. Fisheries and Wildlife acquisitions.

� Department of Defense:

- location and design of new or enlarged defense installations.

� Department of Transportation:

- location and design of new or enlarged Coast Guard stations, bases,
* ~~~~~~~and lighthouses;
- location and design of aviation communication and air navigation
facilities.

* General Services Administration:

- location and design of proposed Federal government property acquisition
and building construction;

- disposal of surplus Federal lands

Those federalI acti vities which do not appear on the above Ilist wIll be monitored through
the A-95 process by the State agencies for consistency with the core laws of the Coastal
Progrcni. In cases where a consistency determ ination and review for unl isted federal ac-
tivities is desirable, the State Planning Off ice-will1 notify the federal agency.

Review Procedures

The review for consistency shall be performed by the governmental organizations respons-
ible for administering the respective core laws. These agencies willI make consistency
findingsby using the same procedures and standards as they use to evaluate permit and
license applications or management programs under the core laws and accompanying reg-
ulations.

295

The State Planning Office will notify the federal agency of the State's agreemrent or
disagreement with the federal agency's consistency determination at the earliest prac-
ticable time. Notification of the State's consistency evaluation will be forwarded to the
appropriate federal agency within 45 days of receipt of their consistency detenn ination.
Where it deems it appropriate the State may seek a 15 day extension.

State Agency Disagreement

In the event the State disagrees with the Federal agency determ ination, the State shall
accompany the response with the reasons for the disagreemn ent and supporting information.
If the State's disagreement is based upon a finding that the Federal agency has not sub-
m itted sufficient information for a consistency evaluation, the State Planning Office will
inform the federal agency of the information needed for an adequate consistency review.
A copy of the State's response will be forwarded to the Assistant Acdm inistrator.

If the State disagrees with the federal agency consistency determ ination, resolution may
be sought through negotiations; if agreement cannot be reached, mediation attempts by
the Secretary of Comm erce in cooperation with the Executive O ffice of the President
may be undertaken. The State reserves the right to seek judicial resolution of disagree-
ments, if appropriate and necessary.

2. ACTIVITIES WHICH REQUIRE FEDERAL LICENSES OR PEM ITS

Activities, whether occuring inside or outside of Maine coastal area, which have
a significant effect on that area are subject to this section of the federal consisten-
cy provisions. Activities in this grouping shall be divided into two categories 1) listed
activities requiring a federal license or perm it, and 2) unlisted activities requiring a
federal license or perm it. The way thatMaine deals with these two categories is described
below.

Listed Activities

The State will review all activities listed below which occur within the coastal area,
or which are located outside of the coastal area but which have a significant affect
on the area. This will include activities on excluded federal lands or which occur in
the area of the Gulf of Maine including George's Banks.

* U.S. Army Corps of Engineers

Section 404, Federal Water Pollution Control Act, permit discharges of
dredged or fill materials in waters of the U.S. and their adjacent wetlands.

Section 10, Rivers and Harbor Act of 1899 perm it for structures or work in
or affecting navigable waters of the United States.

296

Section 103, Marine Protection, Research, and Sanctuaries Act, penm it
for transportation of dredged material for the purpose of durmping in ocean
waters.

* U.S. Coast Guard:

Perm it for construction or modification of bridge structures across navi-
gable waters of the United States.

Deepwater Port License

� Environmental Protection Agency:

National Pollution Discharge Elimination System (NPDES) penm it.

Ocean Dumping pernmit (authority exercised jointly with Army Corps of
Eng ineers).

* Departm ent of the Interior:

Perm its for pipeline rights of way for oil or gas transrn ission on Outer
Continental Shelf.

* Department of Energy - Federal Energy Regulatory Comm ission:

Licenses required for non-federal hydro-electric projects and associated
transm ission lines under Section 4(e) of the Federal Power Act.

Certificates authorizing construction, extension, acquisition or operation
of pipelines, term inals or facilities for transportation or storage of natural
gas for interstate commerce.

Peom ission and approval for the abandorment of natural gas pipeline facil-
ities under Sec. 7(b) of the Natural Gas Act.

* Department of Energy - Economic Regulatory Ad inistration:

Opinions and orders for permission for the delivery of imported liquified
natural gas.

* Nuclear Regulatory Commission:

License for construction and operation of a nuclear power plant.

297

Review Procedure for Listed Activities

The following consistency certification, "The proposed activity complies with
Maine's approved coastal management program and will be conducted in a manner
consistent with such program, "shall accompany the permit application for the appro-
priate core law(s). For activities taking place inside the coastal zone, this certification
and the core law permit application will constitute the necessary information for a con-
sistency review. The consideration of core law permits will constitute the State con-
sistency review. Approval of all core law permits with attached conditions shall con-
stitute the State's consistency concurrence,

For listed activities which occur outside the coastal zone the certification
including the necessary information outlined in the NOAA federal consistency regulations
will be required. In reviewing the certification, the state will make its consistency
findings based on the core law and accompanying regulations using the same procedures
and standards as they use to evaluate permit and license applications. Public notifi-
cation and hearings will be held for consistency review pursuant to the provisions of the
core laws. In cases where both federal and state agencies determine that a hearing is
necessary, joint public hearings will be encouraged.

The State Planning Office will notify the federal agency and the applicant of its
consistency determination at the earliest practicable time, usually within 60 days, but
no later than six months after initiation of the consistency review. As prescribed under
National Oceanic and Atmospheric Administration regulations, no federal license or
permit will be granted until the State has concurred with the consistency certification
or concurrence is presumed after the time allowed by law.

Unlisted Activities

State agencies will monitor all activities not listed above which occur within
the coastal area, or which are located outside of the coastal area but which have a
significant affect on the area. This will include activities on excluded federal lands
or which occur in the area of the Gulf of Maine including Georges Banks.

Federal agencies should notify the State Planning Office of these activities
through the A-95 process in order to assist the State in its monitoring effort. In response
to a request by one or more the core law agencies, the State Planning Office shall
inform the federal agency, permit applicant, and the Assistant Administrator of the
Office of Coastal Zone Management, of the State's desire for a consistency review.
Within 30 days after receiving notice from the federal agency, the State Planning
Office wi ll notify the above parties of the State's decision to make a consistency
determination for the proposed activity.

Review Procedures for Unlisted Activities

In instances where a consistency review is requested, certification as specified
above will be required. For activities occurring inside the zone the consideration of
core law permits will constitute the State's consistency review. For unlisted activities
occurring outside the zone, the certification including the necessary information defined
in the NOAA federal consistency regulations, the State will make its consistency findings

298

using the same procedures and standards as they use to evaluate permit and license
applications under the core law and accompanying regulations. Public notification
and hearings will be held for consistency review pursuant to the provisions of the
core laws. In cases where both federal and State agencies determine that a hearing
is necessary, joint public hearings will be encouraged.

The State Planning Office will notify the federal agency and the applicant
of its consistency determination at the earliest practicable time, usually within 60
days, but no later than six months after initiation of the consistency review. As
prescribed under National Oceanic and Atmospheric Administration regulations,
no federal license or permit it will be granted until the State has concurred with
the consistency certification or concurrence is presumed by the State's law.

3. O UTER CO NTINENTAL SHELF ACTIVITIES THAT REQUIRE FEDERAL LICENSES AND
PERI ITS

Federal license or permit activities described in detail within O.C.S. plans will be
evaluated for consistency with Maine's Coastal Program (i.e., the core laws) by appropri-
ate State agencies coordinated by the State Planning Office. The procedures for
developing a consistency certification and public notice and hearings are the same as
those for activities in 2 above.

Upon a decision, the State Planning Office will notify the Secretary of Commerce and the
Secretary of the Interior. Appeals or negotiations are likewise handled as described in
1 and 2 above. Similarly, no Federal license or permit may be granted until State
consistency objections, if any, are satisfied or overturned.

4. STATE AND LOCAL GOVERNIM ENT ACTIVITIES INVO LVING FEDERAL ASSISTANCE

The State will monitor federally assisted activities in the coastal area, and geographic
area outside of the coastal area as defined earlier in this sect bn, for consistency with
the core laws of the Coastal Program. Those activities which will ultimnately involve
meeting the requirements of the core laws, may be selected for State consistency review
at the tine of application for federal assistance, in order to prevent expenditure of funds
for projects which as proposed cannot meet the peim it requirements of the appropriate core
laws. Applicants for projects already provide notice of their intent to apply
for federal assistance through A-95 procedures. Unless otherwise notified by the State
Planning Office, State consistency review will normally be conducted upon receipt of the
application for core law perm its. If, however, earlier consistency review is requested by
one or more of the core law agencies, the State Planning Office shall inform the federal
agency, applicant, and the Assistant Adm inistrator of the Office of Coastal Zone Manage-
ment, of the State's desire to conduct a consistency review within 30 days after receiving
notice through A-95.

299

Consistency review of an application for federal assistance will be performed by the core
law agencies using the samne procedures and standards as they use to evaluate permit and*'
license applications ormanagement programs under the core laws and accompanying reg-
ulations.

Applicants for federal assistance may appeal State consistency objections to the Secretary
of Commerce.

No federal assistance may be granted until State consistency objections, if any, are
satisfied or overturned.

300

* ~~USES OF REGIONAL BENEFIT

Maine's Coastal Program defines uses of regional benefit to be uses, ac-
tivities), or facilities in the coastal area that serve a large, diverse and geo-
graphically dispersed population living in an area that includes at least three
coastal towns. Uses'of regional benefit are therefore limited to the following:

1. Electric Generating Facilities (of I KV or greater used by co
public service corporation).

2. Electric High Voltage Transmission Lines (of 5 KV or greater).

3. Natural Gas Pipelines.

4. Large-scale parks, preserves, wildlife refuges, and historic
preserves in state or federal ownership.

5. State and interstate transportation facilities, including highways
and airports.

6. Offshore OilI and Gas Wells.

* ~~~~7. Defense and Coast Guard Installations,

The Coastal Zone Management Act requires that Maine's Progi~am "ensure
that local land and water use regulations do not unreasonably restrict or exclude uses
of regional benefit. " This requirement in the Act derives from a concern that public
facilities that serve a number of local governments not be excluded by localities arbi-
trarily. Neither the legislative history nor American Low Institute's Model Land
Development Code (from which the concept was derived) appear to provide a basis for
including industrial facilities which are essentially private investment decisions not
tied to an extensive public planning process.

The following table shows that the zoning enabling statutes, the authorities
of the Public Utilities Commission, and the Department of Transportation allow Maine
to meet the requirements of the Act.

The description of authority and statutes cited follows the table.

301

Use Provisions that Assure Against Arbitrary
Local Restrictions

1. Generating Facility Public Utilities Commission (P.U.C.) has
power to exempt such facilities from local
zoning, after public hearing, if for the
"public welfare". 30 MRSA 1 4962 (C).

2. Transmission Lines Comment above applies, and P.U.C. may
authorize use of eminent domain (by public
service corporation where no alternative
route exists. 35 MRSA � 2306 & 2534.

3. Natural Gas Pipeline Above comments apply.

4. Large-scale parks, preserves, Any zoning ordinance is advisory with
wildlife refuge, and historic respect to the State. (30 MRSA � 4962)
preserves in state or federal Federal lands are excluded from the coastal
ownership area (by definition).

5. State and Interstate Transpor- Any zoning ordinance is advisory with
tation Facilities, Including respect to the State. (30 MRSA � 4962) Ad-
Highways and Airports ditionally, the Department of Transportation
has the powers of eminent domain for high-
ways and airports.

6. Offshore OilI and Gas Well s Not subject to local regulations because
they occur outside the territorial juris-
diction of town boundaries.

7. Defense and Coast Guard Not subject to local regulation.
Installations

3 02

AUTHORITY BY WHICH MAINE ASSURES AGAINST ARBITRARY EXCLUSION OF
* ~~USES OF REGIONAL BENEFIT

Zoning Enabling Statutes

Maine's Homerule and Planning and Zoning laws have two provisions which
assure against arbitrary local restrictions. According to the provisions of 30 MRSA
t 4962:

Ill. Terms. Any zoning ordinance, or provisions thereof, adopted
pursuant to the homerule power granted to all municipalities under
the Constitution, Article VIII-A and Chapter 201 -A, specifically
Section 1917 shall be subject to the following-

"'. C. Real estate used or to be used by a public service
corporation shall be wholly or partially exempted from an
ordinance only where on petition, notice and public hearing,
the Public Utilities Commission has determined that such
exemption is reasonably necessary for public welfare and
convenience... (30 MRSA 5 4962, Subsection C)."

This provision allows the PUC, after due process and public hearings, to
exempt generating facilities, transmission lines, natural gas pipelines, from local
zoning requirements.

Additionally, Section E continues:

" E. Any zoning ordinance shallI be advisory with respect to
the State" (30 MRSA a 4962 Subsection E).

This assures that while the State will take into consideration the views of
the local residents, local zoning is not binding an the State in acquiring or de-
veloping large-scale parks, preserves, and transportation facilities owned by the
State.

The Public Utilities Commission

The Public Utilities-Commission in addition to its authority to exempt pub-
lic utility facilities from local zoning may authorize the use of eminent domain by
corporations regulated by the PUC. It has these powers for transmission lines:

"Corporations organized . .. for the purpose of making, generating,
selling, distributing and supplying electricity for lighting, beating,
or other public purposes are authorized and empowered to take and
hold by right of eminent domain such lands and easements as may be
necessary for the proper location of their transmission lines which
are designed to carry voltages of 5,000 volts or more and of necessary
appurtenances thereto... " 35 MRSA �2306.

The PUC has similar powers for eminent domain for gas pipelines:

"Such corporation shall be authorized and empowered to take any hold
by right of eminent domain such lands or rights therein as may be
necessary in the safe, economical and efficient operation of the pipe-
line or pipelines and in rendering adequate service to the public. .
35 MRSA Section 2534.

The Department of Transportation

The power of eminent domain of the Department of Transportation allows
it to assure against arbitrary local restrictions on the location of state and state aid
highways and the building of airports.

Roads:

"The State Highway Commission (now named Department of Transportation
cf note under 22 MRSA s 2) on behalf of the State of Maine, may take
over and hold for the State of Maine such property as it may deem necessary
to:

I1. State and state aid highways. Lay out and establish, con-
struct, improve or maintain, or to provide a change of
location or alignment of, or to provide drainage for state
and state aid highways. i

2. Roadside development. Provide rest areas, parking strips,
roadside and landscape development for the preservation
and development of natural scenic beauty...

4. Materials. Secure materials., with necessary ways and ac-
cess thereto, for the construction, improvement and maintenance
of State and state aid highways...

5. Automobile graveyards. Secure the relocation, removal or
disposal of automobile graveyards and junkyards. . ."
(23 MRSA 5 153)

Airports:

"1 . 'Land. Private property needed by a city, town, county or
authorized state agency for an airport or landing field or for
expansion of an airport or landing field may be acquired by
gift, purchase, lease or other means. .. . As a matter of
public exigency a city or town may take land for use as
an airport or landing field... ." (6 MRSA � 122)

3 04

[0�1h~K IL

AUTHORITIES

1 Executive Order Establishing the Committee on Coastal
Development and Conservation 307
2 The Protection and Improvement of Waters Act 309
3a Alteration of Coastal Wetlands Act 321
3b Wetlands application form 322
3c Legal Analysis of the Alterations of the Coastal Wetlands
Act 329
4a Shoreland Zoning Act 332
4b State of Maine Guidelines for Municipal Shoreland
Zoning Ordinances 334
5a Land Use Regulation Act 153
5b Land Use Regulation Commission Jurisdiction within
the Coastal Area 361
5c Agreement Between Land Use Regulation Commission and
Department of Environmental Protection on Overlapping
Jurisdictions 362
6a Subdivision Law 363
6b Memo Concerning the Attorney General's Role in Enforcing
the Subdivision Law 365
7a Site Location of Development Act 368
7b Legal Analysis of the Site Location Act 370
7c Site Location Act Application 386
8 Protection and- Improvement of Air Law 390
9a Solid Waste Management Law 398
9b Solid Waste Management Regulations 400
10 Stream Alteration Act 412
11 Oil Discharge Prevention and Pollution Control Law 413
12 Marine Resources Management Law 420
13 Maine's Home Rule and Comprehensive and Zoning Laws 423
14. Other State Laws that are Relevant to Maine's Coastal
Program 425
15 Authorities for Property Acquisition 449

,' ~~~~~C

THis GOV:RNOR DATE February 4, 1976

Cy "' OR1 A DViSORY C0MNiNlTT, E- OIN COASTA~'L DEVEL0TOPAEN T ANND CON'SEIRVATI ON

WNHIEREAS, t:nere exist in Maine manv potant.'j opportunill-ls for coos)',l devellopment
ryhrwit~h 'I'n can'rinuirg nazed to conserve e~sse-i-al qualil-ias of the Mlaine coas,,; and

VJHEREAS, mnanv coastal communitiaes wcdjd b--nafit subsk-anN~ialy from --us',aind
dive,-5fiad econornic d-av.aIoormnt; and

WHE:~EA5 tr.- c"-ostcl, area, irncluding the orr'shore environm-ant, contains ro.',urco
o~~~~~~I~o q~hriczrc rsisa jxi-a ecoonomic, social and enviromnmental value 1.: L'-,e people

\; :* . .)., - r . fc C ~ 1l yan 1 pr r
nc n*b pot fli construLction Of faI~~ a~eIto su;.zi n~~een
c KI --os na--surca3 o,' t'n- Outar Continen!-al ShIF (OCS); orld

fc;-um..-I wilhll verdct Stal, loa n private can m1ip-lao
d 2v~iopmenDIo poll cy, For, U-e or'flthe ccaciscl] afec is 2sr~a

t-1O111 H, TflREzFORE I, JAMEES B. LONGLEY, Governor of the State oi Maimie, do
kr:~ymodifry tha m-ernbcrshmp arid c'narge 'of the Govtnrnor's Advisory Co mrittea on C,-csj'-l
Da-!aI'p,-rent cod Conservation.

T.'-e Committee Snall consist of tha followino nimembers:

- the- Comnmis.;iconer o.'f te Department of Conservakon
- he Commissioner of' tne Departmentl of Environmn, ntal Protection
; he Commissioner of the Dapari-ment; of Marine Resources
-heDir-ector of the Sate Developmnent Office
-the aDirector of the St-ate Plannin:- OFfice
.-, te Directoi- og 'She Office of Energy Resouces
A t:Attorr,;y Ge~nerca!
mremoe6r or' th-- Son-,re
- a -rnrbar of the House of R~,presenta-Iives
0 - 512 ~~i'~ sU at ci- arge, to b-a appointad by the Governor, at Loast four of
whocrin ,hat] vesidle in tlowns wifhin -ine coastal. area
- th~Vic.2Pixj~d~ntflor Rasearch- and Pubif:evie of 11he- UniversiTy of

p wa -1r - zI C : ,- f " i r,3i f- S 3 0l7

A * ~~I I)S!i U . *.' L r6--, O

7, -a .-e, ovearalIl re ponsib lbi '/ yI sall b e .0 a jvi s f'i i G ov arnor a .dl sVa t eL cn c i _,
on1 !,51jul coa4 a p~rnj- cne used, includir:-, dvacv r~, o amnt m conrvio pohci7
oa~dc!n wr par~or-med ipursjan: to 1he Federal Coas'al Zone M/,n ~cg:f~ nt Art of i972..
A Frrz I unclNion or' I-Ie Cc.nnmI ~tea shall bea lo coordinal-e Oil cffeciiVa program. o1F
c...":~-U"Iity and individual cl-HiZar participati on in coastal planning acti-vities.

A!?kough not limited to the following responsibilities5, the Committee shall!:

I . Mornitor activitles relatingo t10Hle dave-lopment of Outer Continental SheiF
oil and g--s reserves, including a consideration of the potential consequences
of tes act: vi'l-les to the Stat-e oF Maine, and moke appropriate policy
recommuendations.

2. Evaluate allternate policies and strategies and m.ake recommendat-ions Far
coastal economic development, the conservation or' important coastal natlural
resources, and the siting or' energy and heavy/ indusl riol IfociTities.

3.- -valu in consultation with afflected interests, Maine's land use regulatory
systemn relevant to the ccastal area including rules, regulations, and procedures
aswl as loagslwatin and recomm-end admi-nist-ra`ive and le~gislactive actono, iF
any is niaeded, to imnprov service to applicants.

4. Su-ggest prioritBies For --cstal I and mrarinereac.

5. Recommend t-o the Governor how, intlegrated coastlal and milte policy could
bes'j be developed in the Future.

T'ne Cormmi'ttee shall have thie authority to 'Form subcommittle-s For purposes or' stuciyina
part-i ~u 1ar subj ects- and may seek advi ce from othe r persons in such matter3.

Support for the Conmmttes' s operation shall be provided by the Stolek Planning O~Flce.

C&/JMS S. LONa-LEY
Governor

PIA61"LcTWOt ANP IMPROVEMENT OF WVATERS

26. rgnzaio;cOpestingaetni;zate i o n ; 'i compensation;..l ' *3.i dutinest 'iliiie a1311 ei'~sje~i~~ii

"tie Board ot Envi roinmeniai 1--orvtecion.a. ni eretf~jore estahli'i ell and here. ,l,'s.111rc-js x-aim,.t* Wit III--4 i6:1 r-er1rei re'ae',t r---o lee ;'eia rot i W-et''
,ft.r tirti mis soli'limipter ra tied r ire 'Imlirud." shrill collsist of 14) fal-IIii-niligtit I'1C Aert as .iareivisilvi.
)ojntl'di by tb.', Go.ve'rnor, sxeject to revijew fcy lith .Coinrt Stanitej g Come1junittco
N'ritrarui e,4itori-ps; rsnd:1 to cOILirifinirtiln fly thke I.egirilirtirre rend tile Coln- The Wsar filater itaffoliati he r liv rim- may alopt, -Unk'elif arid rei~l Si sch
r'iolle'r of Kn roll~eie'nti I' lrolvei' 1431 O'5ifficial. Tile' ('cliui.,i lei4eirr of Pn' rpesmillaitlie fev,; Itor it, exc $ZIN) 61V fm liceses, pw.'niri rs~ed iapprovalIs runa
icnnliqrtent I'rolecti'd n %fhall I, rt auivutido ime eie'eiar oit the Imia rdl. mimoie trs n~urv'iei voliilet he,, soit lrvollm iece.
tire board shriii iN' ciosei rqs nir,- srent the'- ibriSdeit posibit' inlterest ,Wed At A4llek ii I 11 a, II, stee' Nie ti~lidi's fr relil reveliPq rent Ie"I'It r, issill' I-r.
)erlenc- which can be bromeratie to Wsar in the lImplI'ementaltionl of tleis Title.. Cits 111deor Iliet :r rir lrirlt4 .r jmi'icets .. lilet' p~ia.'raiL va ten '.i V111it lo ( VitoIlp
I alli other laws which tike board t is claiirgtnd wirne t he durly of adnietleiisteriiue. Act. is o',in'i iecm.,w mo mlIml - ;,.' r isreit4irdi liet'-icli'r NIdI' rcr'i di.. orc
- Eerlfils' r shall s- ap~poi ec I for :I te.rra. uf 3 years antI until ffiir si te dO'lurieig Ciat, ' ye':. I tili'r 1.3 hik am,-,intnit lawle lrs ro-ri nca, a ~igui~rie*:ii tIm r.
,;ors iire apiliinitei rnd (101y quailiftied. l itleliot his j lee, 11111 'ijiest ly 3,C 1111 re-f y fruen lo-ime.i e'r I srinlit lioluen, 33r
'Ie Ineminhrs appoincutedi Ic' tie. (erve'rlr sialdl rv'cei sc $411 per dily for their sipplilicinals roar It livenst'or lit'rilei .
v'ices at nmeetings or hit'anings aind 11ll mnilem'rs shall receive neaeessrlry
Veiral: exiii-IIlt' for :ltteladinig aery llleetillirs of tile boaird or for :riy oilier
,,el fiI c'onnclttionr %vait the official heaivgies- of the board andl Ieeder tile
!Ific authority of tike icuard, wihich trrevellng cozpv'llses' shall Ile In2111 olit of I361-A. Definitions
Generrei Fund. Unleliss till! coiet"' t othevrwise' itiffirretC wilt-II fliosieWod llrr si i
[Meingcs of thee iconird ,ia Is-111 b telit it suchi telaie anti pslace Its shall lie dic. anly strtati' ndiinisirittred laiy ti'ile IJprirtmieot of J':nvironjenlietrl 'rottetiall,
urined fly the' hoard hut riot less taiesa 2 iealCtings per yerer %hier ii e held, shall] have the following fIlrc'reteucs:
taoanet stencl in (icrticer at eacie year elef't. a secretary svho need not bet i. Discharge. "D~ischarre" menelrs ally -Iititlulng, learkuing. pilrielple, polantr.eg
-en fron aeriecag thle nevllelaers of the Waard. Six towli'iiMrw of tile boacrdel'mptying. dunpiat g, drxisesieig Ir 13t ier aiddition eat ally pocllatneat Cot writer of
11 cosestitinte a eluioreeri, excerpt for tile p3urpose5 of condullctin~g any hcearing. the State.
I-. Catlsrem. "oeih strennis" meanrs those %vat.rrs of tile! ., Stret
tithe -senrvicsle-, of consulrtarrntsanla Prrct niw t ractind prior g :lrarn. act, hich iruieli directly icr indiectly iltra ticirr %vater. except feortiotes of slnurpnas,
Ai m Iny oban h searYieso clllteson cntactrelln ry Outthic.slilejectpto Cu e anti fall of tile title antd those waters listed anti cla.4sifieli
ireav Is' leec.'ssrir to corny ut this Sthchllptar.In sections 38 aGild 31.
LIt . te i'rliitY of the'- hocerd, e'xerf-isineg tire' lotalic, lower of ithe
e. to coCnltreai. nitrate 211111 ipr#-i'v't tile liotiiittol of tile air, w iters, constnil 2. Fresh Surface waters. "Fresh surface watera,' means all waters of the
a fnt i rrveet, dinrillltionr of litir htrigest antI best use of tile naturarrl S tate Other erI'k thlibi wate-rs.
rocliIIle'rit of tie, State'. 'lie iserdre slicl reti ni reCOluraeledrtioies to each 3. Munitcipality. "Mutnicipality" means a city, town, plantation or unur-
cliicllei Lv.:Isluturnir witli rsc' to tile clrissifteation of the w,'tteran gmnized township.
coastalt flate rend seeim'ises thereofr within tile Stitsel, tllesedi Daek.I reason. 4. Person. "P'ers(ii" ricenis an Inidividuial, firmi, corporation, municipality.
st~~irsd~il us cef tiiiriiity anti else. ~~~~q0asi'e1euiieicillat corlctlrrtiliae state aglicrry. feuderal agency or oteer legalt entity.
to Itoatre st-Ilt irllike' ri-'dliaielfiiiatioiis to i,20'il LegfIjstatlrnc with respecti 4-A- Pi'llutlant. 'Polill1rrnt" mevans dredged spoil, solid %waste', jutnlk, ira.
fie conitrol, Aiclerterient rlind plreventioln of pofleicioen of the air, wetters. Onleratlir ra'sidlitt. I'wage'. ro-itL.c'p, I'ffii ichtr. gnr~la;:0t. Spwagp Slo'.T slu'iti ,)II, eirites
tat fiats aded other a'Iie~t, oft Eio! ilateralt lilvironnlent within the State Chiemicarls, biloegivarl Jr radoljiaitei':Ll Teleate.,nirels . petrtileleal products or by'
tihe l*,tleflt of die cittzvl''s '.f this State. prisltwts. heent. IVr'Veici 'Jr dliscanrdetd iitll ri rcl:. Sanid. flirt all indies.
ILI board shrtll consiult jvide rend adi. teruhele fnuiiai trial, ujielilnig.-Iia, donr'stje'. I-'funrierr'inl or- nriricutitlraL wasest' Of any kirrd.
lrt'rsolis arid bilhsillt55s�5 iirvieiu or .bnolt to hruve. sy3stoellk Of draill- 4- 0 Sufc waste water disposal system. `Xtrfrevu wrasie water dislitts.1i
setrerage or ineifitriat WUSteS eNcept Ilurely storlo Wrter systemas- - -- _________-
teltl ilk or eoNl or 'lriniieretrteoll, plhln wc ay.;. as C.) tile ,Ytaeimas~ i'systce.' su Alal leot':l .erli3 " 'rle" fir Ilip -a i it ldrial. Wrelc'rm -1t ihe si
o1 (f the cri nairier. sewage 3cr lied IISriftl wastcs withe referensce to the ci lieo 're I It ile w1 it 31 r111113 o all ~tt lids. mitrfNr it'rlilo-tlretit'l
:111 eGairld frtitre lee'e'ds of 1`a,4 ruinie: pitlit3', ofitter iiuioirlidipfhiies, fwrsons .10114 i rije'cl i' e sysieois.
11`ille~ss`s wr'iich mry Iee a ttetr' therlchY. It mtay colrsielt With saed advise
PetrsnSois4r co~rporationrs eregazt'dl or iaettestliitg to a'rguge ill ally' Hiilti' 5.Tia watrs. "idal ae en those portiolis of the Atlantic
Iriogor oter Irisiess wh,.Sf, dilrrsnige. Sewarge or iiidulstriall wvastes inay Oc.erer witielel the jurisdiction td the State. needl all other wasters of tile' ,strte
to) D"iflue aery %wieters und.c till, jeerisdiCtiOl of thie bioardr, as to tire subject to laice rise anti fait of the tide Pxcept those waters Listvd and classified
11i1ttm041s of Irreveletbog, sii.le iollutIon, anid it may conduct experi't irk sections 368 and U9
to dlet"I'irine the trc'st 'Heletireds of the purification or disprosal Of6 rnfrofowesi, "rnfroone hp"masaseals,
lage, m.'wage andl industrial wastes. Municipalities, sew"er districts, quasi' S. ate ase of ownershp "Transftiersoc of a wrerstion pt one a aegal e.tto a learger
icipal corporrrtion.-;. firma.'r porsoirn, state agencies and )ither legal o ltp a s l e f er f tsck facroaiotone lgletityol erge
Saitcirt tee 'alit hoard for its advice ande rapproval tire plans anti speci- or consolidation where the surviving corporation is other than the originai li-
tlkrs for any Profiosei new %ystenm De drainage, sewage dispiosatl, Serrage 7. Wcensofte S e. "atr ofhe tt"man ayadalsrfc
!nrehicti (Jredu'trtinl waste dliqtrosait into any waters of the State. except aci susraeWate rs ofich rer Sutair wther. flowr o throeh Sr tate"ren n n l ourfe
IY StitrcIi Water s~ystenms locted in or on or dvaiiring fromr publhic ways Gl usra. rtr hc r otie ihn lwtruh rodro
any aiterrrticcns in exIsting facilities. Tire board shall estabclishe and border upon this State or any portione thereof. including the margi'nal and high
're' rea-ueoliniti stanedairds for tile. operation anti nainteeeance, of netiraici- seas. exceirt such waters as are corefineti and retalined completely ;cpten the
indliestrial, coiaeu-ciclrt nii peitlrivate wriste tretrikettec facilities, property of one person and do not drain Into or connect with any other waters
of the State.

I 362. Authority to accept federal funds

I'le I"Paizrl is ii.0Si~irtiatef ftli*!ciil 1,111.i iiiVetCte$it i ~ itg tior flit- 1,136-Mei W~atier. -1i:1 uI.- re". rcii . .Ilcil ' icWc-i ts. ".161 mlrt ~ idcl rl-wi
101iersie" Pf gec111L, iefiiei nice: fiffuil. ini ri'Iheiaiiu tel %valiot pahhllclii ti iitilre, wa~ter soldd Bulk as oils, orc:s 'Ac.%It~l. 'i~ushll I"- [lie o iii.'J")SUI R al iy af
eu*~ilirt,*- :tr ia r a iciiir"144 -11t 114iiiii-, :titg -ent veirl. Wai* oril is ;utatilicrizini. sihe- or S111qlwc r h..c le? v1cl eiccri ii, Liir. ic ie so.U ricit ir
ji~ct te iii ipfcrce~i . t rue' :.,vitiier cc ;eiclec felc-en tttues g e~il~ile~i tnt'eviuit tvliiiil utiii..t%%i is tuis % iii i .'*cli i. thiii *-iai:o Ec:,rtiiiii hu. iliu

imuil fit. i ll- ;gppr'lva If i eilhlt.e- i.r.~e liet al-eipt nluedcii:u futi ds .avaiabl tierke.ti.~ weal t l rii io.e1.1 i ce in iiir it,. i c. aa v icrs lts ii INS no-i ih ai,*r:qc fr c
lint iiiiiio'l ri evil hlees. aiiit.. '*e.ueu iaciir ii*.l 1(til iel .16d e-mgs la suri' cl Thi'tatL s oll lii.Aolm c aklteec 1114 li*. tc -siii iir.I ~ciceIle ec -st- r *imc
gi c,' V sm-1 ti'e pli~ro-111ii1i willae . 1 I ,, ... . .. f Hairetiflumm.i t.-S ccic taltier. icE ~Its Is. eri.e %Ii'.-I ovli es Ii, frlor1 I. iiisi lg orteI i i . ~
w .fcr ii hii ljtli-~ '1AI lu ili r v i' . :~ii'rv 1,1r11i'ed igat;t.iliS i Thein eh l E lk i I. , risle d iwhai I, it wi Jar %V1w wcle ft~ i ile,tii' tlttcci tii. htli

ai afefiy ti-t~t hilly ci haer ivavei' ieas ill rhiv ibs-c.
Shteiis '.0 i ulmil.r slaelf jouilIwrtiv litulil lliIhiiiofrittliie 4 usilitruvfAc toy lI II, No radjoazctiv ICfitei I f r itassrailestcc�i Milui leeit juiettis i ha t.11r" tiiei.i %Vtt
Isionitil. wichleh ev'g t raiicc thi- raii i.i-ht i-id . ... eieeeeeter~u arts11 rll-v 'i. ft aidardi, is

dlriell-ilag tytuter. Tlii*earti' . ir i Sihall teas rr,4 -. i ii'- mtii trr or iilsti iiii'e wli
I 362-A. Expelmrffen .a and-scfentilic resetarch In the fIeld of pollution and nltirl-rs f~le-v~e it-ss ~ If Wit'lle r~iallow. wlelul :iltrsfi ete'r,; til I'lilym
pollutIon control ole chlsia Iinittui cit Noitional mawiiai*I ir wh ~lieie iiht.-rfe'ei-s wvit is Ilie- lrincrta
Notwithstanding a..iy orher law 1kdmssinsistered or enforced by the depart- clreant OffIsh.
meant. the department is autnlorized to ermit persons to dlsctbaiie. emit or Therl sin ie t1eeus di~lo,t~lee 4. son..tgi. jiiliecI~trial wa-lst,i ir iilii-r ttw stoui
place any Substances an the land or in thfe air or waters of the StAce. In Hail- StuiCi Watfors. iccrrtleeuse Wlitih haea.- rs'c'rivsc ttc.ctieilit tier thf ihil i e.131e
Iced quantities and iniher the strict control and supervision of the deport. motevl fit wastp 4~iitti itlt iiuiiiaiiL. Iiet imet liiiiitiil ie%. -i ieh. iiur. rtiirl
mlent Or Its desitnoes. exclusively for the purposes of scienatific resources and isr. tasto. tailior )Ce fcexic iiirt-riael. seill- it fu l iil-. trpat-:tl weeicte's will iceit 14.1
e~xperim rcrataion in the falel -it pollection and pollution constrol. The tO' teil %astolle rdis ut :eitecr thfie.iisa -e.cit lthis elessitlig-tieii. ater -d1tc cie1 .1411 Ji.Js
worach and experimentarion con-.eliutd under this secetiont shalL be subject cit -ewauai! icr %%:ist Ie' itiioericics Noe 1ic111eel0. life- iCe rei-ieliw-r lh .1laeie-roieci
to such terms and conditIonal as the dippurtnient deenms necessary (a order houlee li iiiiiqtiil
to prottct the pliblic's heallth. --utfety anid general we.lfaure and may be terml. 8-2. Waters at thil Cites% Shlel hii- ;ercil-iethlie tier .....:tiiiel
CAaced by' the deoparrtnent at any time upon 1_14 hours' wri~ftec notice- cheillaeeg %V:kt4r i-ieeerrict riert-atiuil. rose indwietria gul and till vtt ili
afiter onlicmiiti' tnu iist t lte a tiiitzctcilhlii g itest. ' l . l
I 363. Slandards cit ehasoltlcatloes at teeth waters ~~~~~~~~i.5girst-1 set "Icilk %vetiera [u lil niet lie, less than i;O~. ut 'tieatidthi. and filtt I

'Fhce cueeitiees~siiiie huh havteg- ' tci l~ L St.i thane cliiitie parts ut~ indisll sirtei ,ci~. 'l e tim rlrllicisinrirai ic e 'i
waters. ~~~~~~~~~~~~~~~~~~~~~~2ma( ;W-r IWl~ (.iihlhliei-s.
Class A Shall ise the Ilikil-ist eilessirlcatloat .11141Shae l shetl Oli t SuIM111 11i1.1lity that1 it Tlii~e~ e'alerme -41.11 i et i ro fniteae l ml tuiee1ies ii A111gs iLt-iestd aset fhot
can fie fired tiee rpiorre-tiecual puirft.-Am'. isicheciiutuliuit 11111ii0 cecl i~t reiile 1 i6 C %wutet StyiI scih s Ha ii iS M. urt-caw iei afteig. Tlwriie Aud~ I 'i N ieeeicj i-,e I ct teir titl
supplies tttiiiieitds.or islilcstssiucii il i.tll-s- Wacri'rs %is-hu l e i eu imatm . tel ruorle ltr. rise.- Ic ICc
'rne d;5301ve'l .~:-ei Onen f such waters$ shall not be [ass ha whirls woeilcl afileace~ rthe- eisternam- rfiieeli- to. Ili h efai~siticni-iii. liier *Ziti -I
or 75% mestticr ~~~~~~~~~~~~~ ~~~~~~~Ir I1lNtii' eltc tls- rcieeilenimtlir icr isltidnwvee-imoi i-umiec ra'irtitii
saturation o Lnaturalt:' occurs, and contain not move than 'I6 20 feWa coli- A leW~i'siii i 'il- ie-gweiruh:nielte(sectiflietcii
iotrn bacteriaz per too milili~ters. Thislere %iehll los isitie ilisjeie-.el 4 iiiy te uteeuc teir ito siluuec ieslt ucecettii n ci-l
- - - ~~~~~~~~~~~COIiL-Atitiiimit'i ileieli tili hargiruld tee lecfiiatede. te fiiiitei se teailineit' liii. icr NIhi
Thesie wv:icrzn fheti leen fitrLree tei. ~ sii iue Ilemoiiits. 1414 uiil -l i*Eiu anee flnitriie: adIter-4,1y affect any othe-r eciati-r ieso ii. this class. Thecres iehll hpe tin dicltaho
5011i.1 SUCh W Ili LSe. Qre:tSci or sceltia. 'rih ' sliceit lIse ill, fliShi' iii ct# alley 11nerete tee rhoeeWae t-etirs evliile will e.:eeisie ie Pliri comeu.e-cl eic-trttia.-O -ee *ilcft"
or seebstaiece la rthese.- waten, wlhi~iitit-1 ivaiell ia,,etg m! u. . tlrinti tyii , I "asti, -sr ofli!. thilli-s wAterr' fii ttii I iiisi'elu .4it. Ithe- l tie A.5 rallai'
eithier thIr itC i-it while-l iisasticc ly eeetiorc iii Saeii watemtii iciterS1: s lifi uhil IstattC r fo rah stiom tr ir ihtii'O hl hdilcirel te tee Wt
sishhtinfe alter the terlilIX-mitie fo ir ilyi rurlieu raiineeev mrattere cut tleistanve sbalc whrl - tll reeise to theereele~ie~il %aecit~ltu iit'Ile-: ili rc ti
or crititain chiemical Conistituenlts whidg %V04itlul Ije hlnt:M Ul it 1itfeugel '-C to hia- taeluhicl wlil ethu . fiiti.i r teit-1111ltehci I Lou-11trala al. ,vue~ pt.s lc-iu2tilicldar-iii
Mang or whicho wouud be barniful tel animuct or aquanrtic life. so rashilracclore ariasho iu r wtiti-r Vifi, Taiffer., lleil 1w ites- cat .-iiv iiiitO cit 1- ing riic~e
niatter or ~itihSCancc %hail he 1wiatiestt.-.l in the"e wtaten, eifther thanee that no- dalkters wther ieeeeeTiec of asrtiiiui l tooeefeee -liic-lc y lih e timre, - r sfiic-'arlee tciy
eurrin~~~ frcuin catiaral lilsenaweuiut. o~~~~~~fr 'leeinieo I neat iim a ct !ecttcnc iuliti-ritel. icr whielh ilarit-rterl-c with thil pre-leol

Ther shall be no discharge oi rot wstes ~e fti hno ~
classi- ~~~~~~ ~ ~~~~~~~~~~~~~~~~~~~~There -chiail lie- imu clI6euc..al ut lowue , inie. hclstri ul wo-,ti' ter othler %vjsttsc
nvvon ~~~~~~~~~~~~and no deosites oi uC sucF ach waters Ciexl-er thism? wlcii'h lisive riecoivtti tei':itoiie ld filt li ti cicillio
material on thea banks of such waters -~ such a rianner that tr~ansfer of the reirov~at at weeste retie' i nt ,12111~inglit. lat guste IhiietLAc tie., -1icie. i'celiie
nialertll into the waters is !ikelvi except that existing licensed discharges into blelty-. taste. otheir o ice teei cietteetiil. ucitol flit Cl ci' reaetc-. wa-i(. wivlt
wmatte of this c-1213ificatiOn will be 2110owel -o contirul -.rurl practical alterna- lower the standards or alter the ctsarL'ie ut this uchtssificathcen, nor bikaell%
lives extist, but no neaw discharges will be perratitted after the effective date diicjuaeseill efi Soewise ig . wice loi- :acjtitiuais tic allievtic. life icr etideil uritoi i
ci this sec-tion. erasfrura 011npilo
__________________ (hn~~~~~~~~~~Clss C watI-an 4e. Ctill hrel aginsiit ciaisfcni ce .hi I i cit ofiieli u iii ' 1iry at ,.
CIL.',s It, the 2nd highest calcissication. iehall lo i vii I sleihuIlui itsl - e..';gnettl h nI,'itie o eciathicc w~tut islfelii.frotl ei tll
shtates* as li-I asset Ui-_, hiaihrieo ;leii .oi II,- eilitucsI'-i'ilit 1..cctbls- waro Cut ipiij ,ii ;teiel watiti 'iet1
BI-I. Watest "t', of tim cless Shall li cuitosihert-el thee IOilIler if iuliy off thec rol-M~eittiiia. ou essUCI wnsrciesjg' athie- ticitely C re~ftiiI.
gttrout, ;tend xhall lue.- a-vteetahjiC rair rmoru-atioieal pcinrlhimise iequaicelect V Tu h-e 1,i-il Octviei rCccet'ieti ut -'cl w~ater'd itall Iut ite ii- I.. I itletii g~
ter A.10itact reti'i i oi~ni feuer tu iu'i .is lwfaieileu waetir .riviall, aftvr -etiisliel iorrotal. mutualjel. p~ioi-it In vai m. h-u4 wtuc.ici hli- loctit il rued. the itse.' liairi ii e i r,i
mv11-tc~tt cin fjie a fl~t .111 :ie i twhdif lsaiiturlt 'lt. lii-eissfolvicl toxygulteiIf 4 Sown Icttc.et t mif aly auiic' le.iiy if %veteir tulle Icehcew 5ip Cluter Im-r stii, Iiit
%vater,. -halt lea- nleet less thute T5' it sattilruti-ati. .cnic not !ess thanf 7, Parts Perl
*ille at meay Otom Tito tceall ee~ii'tein hcutorenia Shril Iil seatvce OXC44 i) tier 11m;111tieiT

310

:he biniil r lassa gritt I 2Va vniaicofi~t to Iis rtl'1ifirt'llt't. Ili jilt evellf t elalt
s-IVIA '.xygvl'l vl',ltollt *.t such w:tors Im- Ik-.si 111111 4 pra~rts Icer cillli~,r. �363-A. Standards of classification of great ponds
-. , '' ~~The t.'cal
'121 l121(tirial i hlict tll IIOII 1.113 k istlliliters. The board shall have 2 standards -or the classification of great ponds.
se waters Nhall hse fret? from stilce dellosits. .oiqujl refliso, and, floating
such as oi!,, greasi tor scuiru. ithere shall Is' io iilhisai a(lll fJy matter Class GP-A shall be the highest classification and shall be of such quality
stane intli ates whch ipart coor. uirtadut. tste r odr tat it can be used for recreational purposes, including bathing, and fo~r pub-

IVorl~ subpai te ualt aersls th thu lslicatot o hl uh water sun lies after disinfection. Such waters shall have a Secchi disk

si so as to render smurh waters harmnful to :,,It or othier aillaitic life. t ransparency of not less than -..o meters or as naturallv occurs, and contain
shall he no discharge to theose %waters which will calls,- the, IluYlr-g I lioll not more than zo fecal coliform bacteria per zoo m illiliters. Total phosphorus
ntration or "lilt" of the,'.' waters to fill[ otitside of the 6.0 to R..3 ran;,. concentration shall not exceed i5 parts per billion, and chlorophy'll A con-
,shall he atii dil'pijsil it zuhly ntlltttr or sulihtaulCl' thiut contains chemical centratioin shall not exceed 3 parts per billion as measured in samples taken
tulents which aren. harnmful to) h~umlans. aji~iiiil or aquatic- lift- or wluiciu at or near the surface of the water.
'ely ;affect ally rither water lisp in this claims. %'is rad~iOnlctive material
lictanue shall Ise discharged to these wvaters which will raise, tIL.' radio. These waters sha'l be free from sludge deposits, solid refuse, floating solids,
is conceiitratifgus ;iveI~ the staideatruls as establ-ished by th atulSit' oils, grease and scum. No radioactive matter or- substance shall be permitted
te ith.ervir'e as leing aluccptatile for driulciiog watr in these waters other than that occurring from natural phenomena.
mre shall bI.e no dilicspsal -;f sewage. industrial wast"- or oilier wastes ill
testers, excepst thom. whiihl hav.' ii-eived tro-attns,'ot f--r the lleItmlate There shall be no discharge of sewage or other wastes into waters of this
'411 of waste cilikstititelet ilticluling,. hot liit ficiit~i,1 to. so"llil coilor. tior. classification except as provided in section 371%-A and no deposits of materials
taste. #alter #or toxic iitaterial. suhif that lthers treated wllsti'i will [lit a n the shores or banks thereof in a manner that could permit drainage or
'the standards or alter Oal- usages if this ciassific~ariul. nior Shall suc ecigfo h ael int heaes
'iai of Sewage or waste ice ilujurifils tit a(lllaltir lift, or rn-whor such da. lecinksrmtemaeilitotewtn

s for hunian constimption. ~ ~ ~ ~ ~ ~Class OP-B, the 2nd highest classification. shall be acceptable for recrea-
,ifw aters a l[ bIle asig5iwd (ily013 where a higher water classificationcll- tioal p r o e.icui-1 wcnatrceto.fruea oale w ate
i in.l I fter utilizing the best pravcicailsle tareat'lleht tic control Qoafupss nldn ae otctrcetofruea oal ae
W~~~~~~~~~~~~I ,Llrwse.Wtr sthscaste se 1'dlfor 1MoWIr iccuea- supply after adequate treatment, and for a fish and wildlife habitat. The
Haizktier waalt,' Uiutersa lofthis, clats after~ i t~ac reteic fecal coliform bacteria count is not to exceed 6c per too milliliters. The total
vit oxgenofthee iahrs511111hutli les tlai 2.0) parts lier miillion. pacosphorus concentration shall not exceed So parts ner billion as measured
urlstrs of culiformi Irt-i-ria allowed [in those waters shall lIse only those ian samples ta"'n at or near the suriace of the water.
its whlich will Ieat, in [tit? iletrnilinati.)I of cia! CoIndiaetiicate a
joilf hlarnmf-1ti ti th- [eilasIic hnthe~ll nr Itnipair ally 11'agts ascrihell to. thlis These waters shall be free from sludge deposits. solid refuse and Floating
~~~icll non, ~~~~~~~~~~~~solids, such as oils, grease or scum. There shall be no disposal of any -matter
ac waters shall he- rre.e frima sluulLge depsosits. soliud reflist' Hitml floatilka or substance in these waters -which imparts color, turbidity, taste or odor
suc asg~ls.gnnseorst-oo '1Ii'r. sallhe00 IillOl~ ofliy iiatter which would impair the usages ascribed to this classification nor shall such
StaceIn lwi' vai~r wichullt~~rs clo, trhdit'.tase r il~r Wlihl matter or substance alter the temperature or hydrogen-ton concentration oi
Impaliri thii! usages ;uslrilsai to this classificatili,, ior shall sorbl wlatter or - these waters so as to render such waters harmful to fish or other aquatic life.
ukeCe alter the treiniv.rautur or hyulrogeti-ion vitoIcenItrationh of talso waters to There shall be no discharge to these waters which will cause the "pF." of
rcthe lsagv, of( Oills vila~sfleationt. ''it-r,' hi~all Ise 1 oo .lsiol -i 1y these waters to fall outside oi the 5. to 3.s range. There shallb no disposal
r or sublsttif-lt't that lullitaills chornairal c.,ostillletlt, which .r'Iaro iarutral of any substance that contains chemical constituents which are harmf ul to
,nais r wicha~l~rs.Iyaffct ll uter ate ~ ll ~ll ,-uss N humans, animals or aquatic life or which adversely affect any other water use
IctlVe latatter or siai,tliuie shall be laerglittvil in thkese waters which wollhil in this class. No radioactive matter or substances shall be disc'narged to these
rilafad too houmuas. Ilnililal or aslluatic litfe alld tiler' shall IN- I11 dlispoisall waters which will raise the radjo-nuc!ide concentrations above the standards
malltter or liiIsltlliLe %Whallt wouldI fn'ilt ilk ralii-u-ollidl, coll,�.httrratiniks established by the United States Public Health Service as being acceptable
bile fislI or otlavr wlqlatiu- lire! thereby rendler'ing theta dlanger~lias ori Ill- for drinking water. These waters shall be free of any matter or substance
'ofstiltlptiohl. which alters the composition of bottom fauna, which adversely affects the
're sluill Ise nit dispoisal of sewati'., influ~strialI wastes or Other wlsiti-s Ill physical or chemical nature of bottom material, or which interferes with the
waters, exteelit choose whlich 102CC receiVed treatmlenlt for tile adl'illatt' I'i propagation of fish.
I of waste collti~t ittltts itli~llifil o, botc ,olt linklittti to, .solials. color, turbid-
~ste, oiler or toxic nlatrioal, sint-I that Ihiese treated wa-stO5 will ',fit lower There shall be no disposal of sewage. industrial wastes or other wastes in
:ancllards til alLter Oill, tisaJc~s of tlli, calcsificatioll. 't'revteil wastes olls- such waters. except those which have received treatment for the adequate
D1lJ to theseo. water's shall hot crvate a pllllbhc liticisankes.hlts (Ieffiedll4 n, Title removal of waste'constituents. including, but not limited to, solids, color,
Motioil 2,9r_1, loy thle creation of eortrlueg sltotde banks anud de0110titt; turbidity, taste. odor and toxic mraterial,"such that these treated wastes will
ler nuishltie Londti1ltons. not cause any violation of water quality standards or alter the usages of

th Fes~ect to all classifications hereiribefore set for~t_, the cimIstsiOn iniy this classification, nor shall such disposal of sewage or waste be injurious to
such actions as may be appropriate for the best interest of the Publir, aquatic life or cause it to be dangerous for human consumption. There shall
it finds that any such classificathio is temporarily lowere(I due to ab-, be no additional disc'harge of phosphorus to waters of this classification, which
at cndi~on oftelnlertur orstream flow, discharg-e does not emnploy the best available technology for phosphorus re-
al conditions of teiniie r a ture or ~moval.

T'thin' shali 1 Ill-n, fwi.:timcl Ii, e~!:l'tlijl,. li 44r ,ll41ze flolwit,' at Ti ' al or MarIne Wa'tert
triiititabi' to4 I:' iniiu,itr;:l ort, --!i.lit'r waltv' 0. 114- 1 lit I~~i of he commission hAtil have 5 standards for classification o~f tidal waerWs:
gar:IrilP. cjnliler'. a,.h,.. fail,'. sliolkw4 or ..rlwr rvnum-. Ther4. A:ill IN, no di Class QA. saall be suitable for all clean water usages. including water con.
ch'IrL- if ,',wtt:k or ..liiir Al'l..-. *!O 11,-ll~. whvi ha. fltlWived~ InatillCell tact recreation. and fishing. Such waters shall be suitable for the harvesting
f.- i'ti. :iqal'rin i'. o4 4,*.slI 11 iel~ia-ti~i lit. ihur lkt iltie tip. and propalzatiun of shellfish and for a fish anti wildlife habitact. These waters
.s,0 rk Iotrbidilir. y. 4j...' .si.. 1 *r I, a r,4:414ria. ol, tic hat li'. Oti4 shall contain not less than 0.0 parts per million of dissolved oxygen at all
W;I.tv will lilt '4r the qul;lr.i i,' or :allr tlit. iusit:4' -rl thisi .~.~f.:t, tImes. The mredian numbers of collforin bacteria In any series of samples
fair 'llall suh li,'i'.,, -of ~.wg.or flta~.. !M- illjilri-olls Cit aqllatic lift- or representatIve of waters in the shellfish growing area or non-shellfish grow-
r411li'r fItI lll1 ,','r lutllull~1 (mu'llt1ilpro'iI lag atrea shall not be In excess of 70 per 100 milliliters, nor shall more than
Tlher&' ,hall loo, I. tnax' t:. wal.-" 10 ,i.. *i It,,~'41, s lstranes. -Iors-d'', oIr .,tcrf 10%v of the samples exceed 230 coliform bacteria per 100 millilIters.
wastes or h.':thd litltini1 tl.4lIr o o. 4 r. *r liii vlas,;rif'attnnl. l'4114r siliz- The median numbers of fecal coliform bacteria in any icries of samples
13' or ill wl~lbiillati'41� Ivllt wlwr 1W 'i,,'raito..; ,r w'I' W;45 ill mich in Illitilt.,n or at representative of waters in the she'.lflsh growving area or n-m-shellfish grow-
such renal-Pr~atIM.re 4., to, lot, ifpirimseb 544.,'il-;4- fi.,t -or shellfish oir tiI thet c~il- Ing area shall not be In excess of 14 per 100 mihlliliters, nor shall more than
turp or pr4.ilutriti-m4 th-iien... on witichil i :lily lzIanlI�r shiall ailv..rsiely afff-st 10% of the samples exceed-43 fecal coliform bacteria per 100 mlllilters.
the flavor, voiliir. easti or sanIll1;rl' esiiitj,,i rhiereof: -killi .tho-rwiei' Ilille in There shall be no floating solids. settleable solids, oil or sludge deposits at-
sufficient altlmunts to Itank,' n, Warer, 41115db' *r ullsllirable for loathlingc or tributabie to sewage, industrial wastes or Other wastes and no deposit of
illpair the waters for aitY oli,,r i-.t vi-nt:. as deletriilinedf foar the ;Iwvtick garbage. cinders, ashes. oils, sludge or other refuse. There shall be no dis-
writer.% wealli are a.-igued" t., thi.,las Tlw.r.* ,'itzl lix nol waft- dithi~'amirL charge of sewage or other wastes, except those which hare received treatment
which will vateilk' o1 yi.u.tii 1144ll.ci r "14l1 of thiii't wJatir,' li.. for the adequate removal of wuste constituents including. but not limited to.
fall -iltside ofi the e6.7 to A..3 ratn,_,. Th--ro 141 halot 1 i iSV-1. nop4i~tt~ matti-.r oir solIds, color, turbidity, taste, odor or toxic material, such that these treated
sulostalleie that coipltairi's cla'rtiic'a voustirlavrtrs witichi art Int~rminll it hiuruans. wastes will not lowver the standards or alter the usages of this classification.
aniusal oir ;eluatic lit,. or whici ai~lviersaly Lal4'4t.,' slly .,tlxw wati-r u154 ill tois aoir shall such disposal of sewage or waste be Injurious to aquatic life or
class, No, rdi-iiacti'.i' untlatr -or si1llistthlesalle ix,11 Is it'rillittcil ill til-,.' Waltur., render such dangerous for humaa consumption.
which would ip ' atrnafl t-o uiall"l.lt~ S1iliiit:ti or aIllutrie lift! aliii thll''L .01:111 I443 There shall be no toxic wastes, deleterious substances, colored Or Other
no 4uisimxmal 44! all3 Illa:t14'r ar silln',tallfiI' Walijil.-Iroold reslit ill rallill fllllilll' waste or heated liquids dIscharged to waters of this classiflcatlon either singly
cutlcvlltrations, il 'litfri~le fish rir othitr ilillalic lift' tliiriely renliorial: tailet or in combinations with other substances or wastes In such amounts or at
dungrt.ois, f,.r ]l.,terull oillsltlolll,llin. Thii','. watl'',' shali1 Ill' fri'i-44 Itilly tilaittr such temperatures as to be injurious to edible fish or shellfIsh or to the
or stai4,tatin-'l wbi' ililitel's tit.' )4114iiili'f l141151111 f~wall. w~imi tiL alSirsi-Iy culture or propagation thereof. or which In anly manner shall adversely affect
affects the( jphy'ticil -r c'lu.'llic':l atittlri of Iotiatfa intlritt'lt -or Wiloici ilti-erfuri-s the flavor, color, odor or sanitary condition thereof,, and otherwise non inl
wit Cie ril4:1:1i431 f fsh r lllllfs~ iflliiii'til. t ti.'arei.sufficient amounts to make the waters unsafe or unsuitable for bathingor
Cla~~~~~~~~~Is 1-2sllh 'ia'. frrer'itinnal~ listsi's. nlud~inlhlg witi-r eull' Impair the waters for anly other beat usage as determined for the specifc
tact, and fishling. Sucil waters ,hall be4 suitable for tile harvestinlg anul lorulpaga- waters assignied to this class. There shall be no discharge which will cause
tion of shellfizh, foir a fish anli wildlife itabitat. and suitailte fosr Industrial the hydrogen-Ion concentration or "pH" of these waters to fall outside of the
coofillu--n flli pn,ccss'cs. Th4.sL %vatt'i'5 salal contaijl not less rilall I'A parts 0.1 to 8.5 range.
per nillwil *Jf lls.(ll il'xytrtm :it all tinlie. The ueldfiint nutmiuurs 44! coliformn There shall be no disposal of any matter or substances that contains
bacteria lit any serises ofi samlulhis reir eeutativP a.! waters in tile shellfishl chemical constituents which ore harmful to humans, aninlal or aquatic life or
growing krl',shal moll Iit loill in x,~ uaf 70O IW'r 111 Miilliliters. rnir shall more which adversely affect any other water use In this clamss, No radioactive matter
thtail 10% .,f tinhe n ;kIlIII- C Lu,.:l eiirolis frl.Inwtcriai ltir 0(3 mill i litrs. The or aubstance shall be permitted In these waters whica wouiu ue uaaw-u -
med.iaili lisiilm-irs if .4! itl mrlif-iinrl ]late4ria it,:llyLI ..'rii ii! sa..llw,;i' riaprl, humans, atul~trl or aquatic life and there shall be no disposal of any matter
,'il ii 4 %arler'r lit lut, *.isilh arwl~:ri'a -1Th tlt hi'r ile i'ii', i' .f 15- I" or substance whIch would result fin rallio-nuclide concentrations In edible fish
1110 milli:itilrs, Si~r tlilall sl'nl'r Sh1l ii1 :.41 li', ftit. *l4liilu,5l'ws '' Ir.1 fivrai rolliflrllm or other aquatic life tilereby rendherinlg titent dangerous for human consuMP-
nlitulir~i 41' i'liml mllflsr, l~titiii IllI enmi',' ..fW ,avowerli! r4 ri'Mla tie Ineif tii tion. These weaters shall be free of any matter or substance which alters the
IIlITi'S orit e11141 V.11'4'ii~ 6 till x 1k4 ttiitr.. amll s srallnores hitatit -if th composition of bottom fauna, which adversely affects the physical or chemical
wateN Bttle lie wN,1-41 ni'ls farloo mililiter. narture[ofaebottom10materaturefobottmichteIalteofwhrcs Iterfersewithoheaproagationofffss
tile. shapelll's extu',lf I I1 iica r 1111 oiirI' it ntirs roor li1 i" llIi lilitrs. Ink a IlIIIl-Shelul' or shellfish if indigenous to the area.
fish, grllwing" area the [no-dittt nutant.r -of fi'cai cnliftorm biletlsriat in aI series at Class SB-1 shall be suitable for all clean water usages Including water con-
saullliie~, r4,14rl-iIltarivi, ..f tile' Witt'r' Shalil a144t J'5li'ill I011 IN-V 2iii) milliliters, tc era~n n ihn.Sc aessalb utbefrtehretn
n,,r shallinlmor: rh1:11 1li7, vf tril silnrilae, i'xct-'s 2410 fccal ctlifulrin luticterin per and propagation of shellfish, and for a fish and wildlife habitat. These Waters
100 milliliters;. There Silall Ix.- 1143 frontintr t~l.effic:iiit, solidsi. oil 44r slitilge shall contain not less than, 0.0 parts 'per million of dissolved oxygun at all
depo110itSI 3ttril:Ig.4tbl"it'rs a,'i14'. oillstrallde or 'ttiter rterusa Thuz'shtv~,Saib ~ times. The median numbers of coliform bacteria in any series of samples
deplosi 4 airlne. vialers, ahes. ois. slude or -afair preseatThntishalfI%!areresentaitemofsaterslilthe srowinsh rowingsrealshalototeleiinexcessssoO
no dischart-e of sewae Fa.i r otho-Ir wnstes. esxchiot ilsOwllite' II itvIo rc~eived TO per 100 milliliters, nor shall more than 10% of the sanmpies exceed 230
treatment for the adi4rlisate renloval of waste constituents incluillinc. but not colifornm bacteria per 100 milliliters.
liLniteti to), sollids. roljar. turiiithe. taste, aiorir hr toxic( umaterial, such that thlese - ____
treated waste. will not lower tile standardls or altt'r the usagtes of tllis classifi- The median numbers of fecal coli'Nr- bacteni' in' any series of samples re
cation. nor shall such 'lisposaul at sewage or waste he injuri~ilus to aquatIc life sentative of waters in the shellfish growing area shall riot be in excess ol
or renlier such dangerotl.5 for humnan consilnlltion. 14 Per xco milliliters, nor shall more than for' of the samples exceed te
There shall he no toxic wastes, deleterioust substances, coloretl or Other feca coliform bacteria per rool milliliters.
wastes or heatedt litittiris dlischargeid to waters of this clnasificationi either To a
singly or in comibination witil other substances% or wastes in such afloulnts or non-shellfish gr-owing area the median numbers of coliform bacteria in a
at sucil temrperatllresi as to) 1*e injtlrioius to edible fish iOr shellfish or to the series of samples representatlve-of the waters shall not exceed 240 per 100
clitllrs tor [lmpagt~gilln tlier.'f. or wm-hich in any nianner shall nlVu'rsu'l af. milliliters. cor shall more than 10% of the samples exceed 500 coliform bac-
fort tho flavor ,6r. Doon.ollar Or Sanitary cotiiiition tltervof: and litheri'rws' 1141lt4. teria per 100 milliliters. In a non-shellfish growing area the median numbers
in sufficient anloontrs to inake tile waters. Iunsan or tliosixitaiile f-,r l':thin: .ir of fecal coliform bacteria In a series of samples representative of the waters
Impair tile waters for any muthe hoist usage as determinedl for the specific shall not exceed 50 per 100 milliliters, nor shall nlore than 10% of the samples
piceed 150 fecal collform bacteria per 100 millilIters.

waters assigned To this class. There shall ;I� no waste dls-harze whchl wi l ' I hvse watir-m Shall tie free fromn sliii- lc iiposits, solid refuse antil floatina
cause the hydrocen-iln ioemcontraltlio oT "Pri" ot thle receiving waters to fa~ll Solid.,Suc siji s olls, gri-lsi. fir stliilli. Tlbs-re sltiall Is, no iiislCiosI if fifty tisattvir fir
outside nf the (1.7 to 8..- racer. There shall iii' no flispisall of any maitter or suhl stiistance in tiis-se wjiter.*r witich lutpo~rts i'fnlur. t~irlisidity, t:i.,t,- -or odlor which
Slanee thalt clontOills chvillicl' roiist ituents which are harmiful to hiumanis. aul- v-U'llid nipai r the* llsagis a s.wri ls-- to hINlS ~ icin.our Shall Notc sil litattie
mInii or aqulatic life Or Which U1lVOrS11y affects any other water use it this class, or subtstallci alter the twllp.,raitire or hytIlrIuei-lon1 concentriktioii if tile wai-
No ra.ilioactive matti'r fir siihst~iuce shall hle permitted In these Waiters whc terS; so as, to lImpair theUiCL ab lit o this vlassification. There shall be- no disiposal
would be harmful to humans, aninmal or aquutlc life and there shall be no0 dis- of any matter or sulistancL that contains chemical constituents Mitch are
W. al of any matter or su~statlce which wovldlh result in radio-nut Mile concen- harmful to humans or which adversely affpct any other water ube UP this
tratlons in1 enahle f[Fh or nthu-r aquatic life therphy renderin,- theri dangerous class. No radiotactive miatter for substance shall be permittedi In these wa-
for human conslimption. Those waters shall he free of any, matter or suhetalnce tors which woiuldl ik harmnful to humiuzis. animlal or apilatic lire :inil there
which alters the ctomiposition of huttons fauna, which adversely affects thle shall be no disposal or any tuatter jr siibstaiice which would result lin radio-
physical or chemical nature of bottom material, or which lnterfeies with the nuclide concentrations it edlible fish or other aquatic life thereby rezideritig
propagation of fish or shellfish if indigenous to this area. themt dangerous for human consumption.
Class SC, the 4th highest classification, shall be of such quality as to be There shall be no disposal of sewage. lIndustrial wastes or other wastes Ins
satisfactory for recreational boating. fishing and other similar uses except suchI waters, except tliese which have received treatment for the adeqiuate re-
primary water contact. suchl waters may be used for the propagation of moval of waste cosistituents 1Ciiiciisiiiu. but lil't imitraed to. suldb, color, tur-
indigenous shellfish to be harvested for depuratlon purposes, for a fish aod bidity, taste, nilor or toxic material. such that these treated wastes will not
wildlife habitat, and for industrial cooling and process uses. The dissolved lower the standarids or alter the lisafff-s -it this classificatIon. Treated waisites
oxygen content of sucht waters shall not be less than 5 parts per million at any dischargint; to thiese waters shall not create a anlylic nuisaulce as ilefined iii
time. The median numbers of coliform. bacteria in any, series of samples rePre- Title I`7. section '.102. by the creation of odor-pirudoving sludlge banks Intl
sentative of waters In the shellfish growing area shall not be In excess of '400 depoissits or tither nuisance conditiOnS.
per 100 milliliters, nor shall more than 10%, of tile samples exceed 2.300 colt- With respect to aill eiiuisificationslarinefT set forth, the conimuinate?
form acteia pr 10 nilliliers.The median numbers of fecal celiforifi bac- may take such ai'tionis as mawy 1w, aJPIlril;ri:LtV fir tile IK'Nt illlM'Stt5 Of tile pub.-
teria In any series of samples representative of waters in the shellfish grow- lehnItfdstaaysuhilsictllistnirri uwe i o
frig area shall not be La excess of 1130 per 104) milliliters. nor shall move than abnoruuii ciinolitioill5 of ti.-ilihierautre. for Strea!ilu fl,,w.
10%/' of the samples exceed 500 fecal coliforma bacteria per 100 milliliters. In
a nion-shellfish growing area the median number of coliform. bacteria in a
serie% of samples represi'lltatlve of the waters shall not exceed 1,500 per 100 9 365. Classification procedure repealed.
1111tliters nor shall more than 10% of the samples exceed 5,000 coliforns bac-
m sper 100 milliliters. - -. .
a non-shellfish growing ares the median numbers of fecal coliforrm bac- 1 366. Cooperation with other deparitmnetS anid agencies
tesIn a series of samples representative of the waters shall anot exceed 300 Thle conmnhissioni is allt~lliriizel to cnooperate, with othur iiepirtiiitlets (PC 31-tol-
per 100 millilIters, nor shall more than 10% of the samples exceed 1,000 fecal cies of this state 11111 with any other state or states and with tile' i.'dsiCli
coliform bacteria per 100 millhioits. Goenlit irtelilll if 'arrying grelt this siibehp'rrltii oar
There shall be no floating solids, settleable solids. oil or sludge deposits asrirsaIwtrsvlilTlithiig tsItaeaianot 'r talCO

attributable to sewage, indllstrial wastes or otiler wastes. and no deposit of states. ailCmliill lithli'itocpritwith thel'ile pdrul GuiV1.rs-
garbage, cinders. ashes, oils. slulige or other refuse. There shall be no dis- men fo Said camirssim if elirry izilmi toi suchapterw relating to any nail all
charge of sewage or other wastes, except those which have received treatment rierstafor wther whiich i ile of in a rr![:Ot thi are10-1"t lctedl Ill or russ tlroilgh
for the adequate removal of waste constituents including, but not limited to, thivs 11wrtrs w i h nwol ri at.arel'.-
solids, color, turhiiity, taste, oflor or toxic materials, such that these treated hsSae
wastes will riot lower the standards or alter the usages of this classification.
nor shall such disposal of sewage or Waste be Injurious to aquatic life or
render such dangerous for human consumption.
There shall be no toxic wastes. deleterious substances. colored or other �3G7. (4)~ii~t.lsIif %trial! xv1aIers
wastes or heated intuids discharged to waters of this classificatiou either i 11' ll giN-GOIN ~'G to :71 I"asl Isie be clasiflu'd
singly or In combinations with other substances or wastes in such amounts or
at such temperatures as to be Injurious to edible fish or shetllfhortte laCl-klCwi iisShlhlit.
culture or propagation thereof, or which in any manner shall adversely affect '' 'sui~is ia.lfe aeiicssdrtii.pllcieiils151 i
the flavor, color, or odor thereof or impair the waters for any cther usage Thelsultitii ith otiy. safter aei ein''lli',11i, wahreuin rl~it. fuli eait-r anlk104
ascribed to waters of this classification. There shall be no waste discharge cnuttlr ihohrSaeneve ll[ hr lporae eirlwl
which will cause the hydrogen-ion concentration or ,~pl-" of the receiving isitruditc water pulllitilin control aiit'ilc'!S, ainti the munilciplalities andi inlsii'-
waters to fall outside the 6.7, to 8.5 range. There shall be no disposal of any , trio-, Involved. classify oT raise this! classificatiols of any fresht surface or tidal
matter or substance that contains chemical constituents which are harmful to w.aters5. or portions thereof, and such classification or new classification sball
humans, animal or aquatic life or which adversely affects any other water Use thereafter be the classification -applicable to such fresh surface or tidal wa-
in this class. No radioactive matter or substance shall be permitted in these ters. or portions thereof, until 90 days after the date of adjournment of the
waters which would be harmful to humanus. animals or aquatic life and there next regular or special session of the Legislature unless such next regulare
shall be no disposal of any matter or substance which would result in radio- or special session shall adopt by legislative enactment such new el assiflca-
nuclide concentrations in edible fish or other aquatic life thereby rendering tIon.
them dangerous for human consumption.
Class SD waters shall be assigned only where a higher water classification
cannot be attained after utilizing the best practicable treatment or control of litn
sewage or other wastes. Waters of this class may be used for power genera. Sections 368 through 371 are not included. They are alstn
tion, navigation, industrial process waters or cooling waters, and for migratio n of the classifications accorded inland and marine waters through-
of fish. Dissolved oxygen of these waters shall not be less than 3.0 panSpr ottheste. (a eapl: 381 Meao Broo Ofr
million at any time. The numbers of coilform bacteria allowed in these waters o t t e s a e Freape 6.3Mao ro Ofr
shall be only those amounts which will not. in the determination of thle corn- Iand Poland) - Class B-2).
mission, Indicate a condition harmful to the public health or Impair any usages
*cribed to this classification.

313

41 A. State contributIon to ;olio n abtement
The department is auithorize.d to paiy an amount at least 15%, but not to
eKreo'd 2.'50, Of the VNIxple.s of a municipal or qunsi-mainicipal pollution abite- 2-A. Exemiptions; pesticide per.-its. The Board of Environmental
lilt mrit Vstfli~tlfioi proitramii which hasq recetived feadpral npptroval ;Ind fed(.rtkl teCtioni may by regulation exernat holders of a pesticide pertnit, issued I
funds for construction. S9tage araint-izaiuaiparticiation under this section Board of Pesticides Contrcl, frcrn' the need to cbtain a license unde
shall he limited to grants for wvastc treatment facilities. intereeptor systems section for the activity covered by the regulation whierl it finds dizz
and ourfalls. The word "expense" shall not inellude costs relating to land exerrpted activity would leave no significant adverse effect on the qual
acquisition o- debt service. the waters of the State.
All proceeds of the sale of bonds for tihc' construction and equipment.of
pollution abatement facilities to be expended under the direction and super-
vision of the Department of Environmental Protecion. shall be segregated. 3. Transfer of ownership. In the event that any, pctrsaii possessing a II-
apportioned anil expended as provided by the Legislature. orviui i-sued lay tile Iiiiari shfall cratist.-r the cwiiit-rslpcj the facility or strle-
ture which1 i., the "aw rce Pif slit-I kitclsa ahvh4 re the licensti granted bay the
lbard siall iolmm Fsuch tranfsrar Ilia. e~tilinnataolw-l azrul vcojd ataci tit% new owner
thereof lskall is- ri-quirvi*l to tbalitaita licini-e inl thel nitahiner required by this
* 412. Grants by State for planning sttbcbAlate.
1. Grants by State for Planning. Trlie 1)4ilartilleft of! FlInVIroi111,nic1t Pro. 4. Stjolica1led. IDT.3, c. 4.-A), j It).
rci~tion 1:4 :tititcrizedl to lialy iia ::11klount lt huast [l, ilt lint to exceell 12.1" 5. ltaeitealed. lo-M~. C. 454)* 1 10.
ad I le i-xilf-u5I* iiaftairrm'l liy a M11di, ljipility Ur enrs-tiiicjltIiarrsratiiin ill
lpreli nlicary tor fi nil jolann ing (if ai Imilhitioii aba-311cill-lt partirai in tIII thelaria 6. unllicenseil cce:targe. i r a fitr iictit lanIhe lion ri filial,. Mily tiii.
(it a gratit. suit I iiutatlt miay itit Ill. Apaid m hii thi.l anviernii uii Itimy tit tb livenisclA dils'.I.Irgae. it rally ii' .1ify 11bi. Allolairny M tnlvral of IIIhe vio~lati-11t W it i.
1112ivil'aifiuh y 4.1,li flatil, ufifejf vlantlsratilitn latly voeiI s toa pncsrij.41 %vll h hut roitfirso to lilt li.abion ri plrowdi..tfris tiC (-triaio 44. 41 ~ ca Ti 1. lt!
pirei mtin ary air fift piillautfing opf St I".ill fit iti aitielitcutitt ltrt'grrllt. as uplo- Oliaaayciut-wrai shuall ilir-ol-o-jIiiiaicial tinclir sell ion 444 314N.
lirlaw. ~~~~~~~~~~~~~~~~~~7. Tilat waters and subtldal lands. lit vonnectilon wvitli a1 Iliea. knailer
A. Preliminary planning. Fair iliii littilioloi.5 iif Ibhis saietiactt. "Isrelinminuary- pctiouas 414 avid 414-A. whenever Issaued. tiwIii-baard nuty grant to AS tivciell"t
lain tittitnl" lilvallsf i1tlftitiafa-riii stia v PolI II- "1ia-1ill,-[Jll. zitialysis t ,C --tis- a periiiit to ciulstritet. inainitaiial knijt qati'to ally facilities necess"ary to coililly
ili loo.111il i u lctiiiis a.-Ii Loin is ar I lat- cist of ; altiriflivf ilt-0thiii lbds cfwith tile terufis of such llcnei. lilt. aisive o ar itndavr tidal %vatrns or sl~tibril
_it- I 7nItcft Iiii~ fira i s ttf ii iu ~- lands of thle Satvti. Sutichl jors'rnfi May lIs is-ne4d filitif such ternks andt caundl.
__________________________________________ S14iiyM firieihil IIi Mri'Sa o t ai-61 tlonioas the botiatd (leaiiis ticelssary too insitura that Suich faicilitils create Iiti

itt~it~s tifihleriat I y iitt~liiuti uuf T tt~iii~fii. iticfitli ig use iinirals. alifI iv Math fairma andaunaualt as iia' iciral ifif.!f filfiuu'cssut r. tat hiiltieChiiO5Ili
atia-` exstitafaid prottilmost mili set-r fl'aitil tj-%ic v~ a i i er filf ciiito: ;Hyiir vui-tat p ovi d "aht~citiis.at In detha- ovari ftltkeia t t linvitolj Ot re ina lit-git rh ie t-lo r)a
____________ ITA-iaieattnitiflal-lgil.11urfse .1igs It rili %trl fort suhice anmuti as ffthesi ]a tulfia)t Mi t~leifitl w inurt e tt-rtuixo it
acfitupile i erlai.tin:1t vsi dla-iui oif oliv lit-lfer ana Iitbetliilinet fi ilris. li s~ i iucy. I-i-tn fuut ffiitVl sh .i faviilt.- at- lnli 11e1i-rii:.ruf r tirm 's
~~~~~~~~~~~~~-IiC aiailh lift161alt lirt 1111A iutaf.it ordprrim liv-icecr "Ithlice-ssuiLt! iatta i i.i i ort hu fflfl fcltisfia h

iua11161is lit- liPrtllcarnt it.if air di-fagiillc-i-bri ai d raviwg fla.sar~ fettooit proc e edlavteraiiiama.s tili- mtcard iataia,.:i afte ut sim-ilir !~d i .sr willd tin rting r,111tilltI it-nf-
PAIM1011 ri i . 1 1151 a. I i -t fi mw-'rittntll.hausiitiit li ltkA -rslc .".-i tia ro-liltuf.af Al r Al t lat.irv ii llso such ulaci 1 rsaitt5 trlti II
S. Finl pi iliifanningt .s Vor~i fiia I ivrj t'sjgii~f tljj sii iic.~t riitoftia Ilsolufllig ca tial Watra fir pimlsiclcia~l Ii auial. Stitv aii ht r.Il'vs i ty ll. sud'. nentocIf filelmpr
tuji-im. Illa liirseeuar rriaif I i Ar10ii~ aviiiilfrtii-4 shll 'N-itiitvaif iolhtutum fot thecn tan itif- o-fniii litrai-ufail sti.a %i llns~ otri stwossfllyWvr.e
vi'lulc-riiii-iit l~tli wts liii-lin liet exs-riai riaauala-nai tlie i ot auttia, fitulllhoriia

I,! lie I101: rI ~atlt-it oft i El~viircfltitifail iIrotaimu-titflfuishll Is'- so-grteficald. iap-
oirtnio~ iaifu-i ifl as proviaiiqI I Itsilcl.t~i Ic g kh l~Aiisit in. 1 414. Applications for licenses

I. Administration. relma.0i-1

1 413. Waste discharge licenses 2. Terms and condI tions of licenses. cicrefso,, Sha~ll Il.is- iusl~il lay tit" lisftri
I. Licene requ~ed. ~O erson sall dlr~ly or ndirecty dischrge or~ for a term tit not less thala . yefrs haigr littiri' tital 5 years%. With ra-spict to
be Licschargqied, aNO pronhllutn ei t eout fi rt otindiretl da scharse t eor- licelnses granted by the cicutinli-inui prioir to "alttemhiCr 23, lID-I which' tlavc
cause to bedicagdanpoltnwihufisobannaliesteroreen in effect and the right.; c! Whchie Ifave been exrerised fOr more than :1
from the board. Years, the commIssion may uilmti 4.41 days' "'itICa to tlce lct'lsec artier tile It-
I-A. ~cens requred fr suifacewastewaterdispoal sytems. r~ -censee to reapptly for a new licenSe uniter thbi suitchaiutaer.
oicenshal r pequraed for ifilftlnasurface waste water dipslsses opr-3. ainspection and records. Aiathorized rePresentativesA Of tile conmtiiissiohi
sihalinstalil. oprt rmiti tsraewsewtrdisposal system and the Attorney Genecral shall have accellss to the premlikes Of a1 licensee 'kg
without first obtaiing a 11cene thereor from the heard:any reasonable time for tile pu~ rpilses if CInspectinui, testilti aiid samnpinig.
The commission niny order a license-e to- Irusluce any recoirds reLatitig to the
2. Exemption. No ~ ~ ~ to ~ in violation of ~handling. treatiallcit Ur discilarg., of waste alid ulay require any licenksee to
for i xampny op'ersont sha._l~b'dedt ei i lsattiono section keep such records relating thereto It dcmns necessary.
Ifraydischarge as it existed tinf October 3. 1073 provided that applien.
tion has bceen made for a license for suich discharge an or before Mecenber r
31. 1073. The exemlatioti provided by this sufbsection stall expire upon final 'j. Let~>lca
administrarive disposition of such application or a150 days after the date at
such application, whichever occurs, first.

314

5.Unlawfuil to violate liens.. After the issuance of a license by the corn- .Shele ofcmiae. hebrd aysabst heusofon
mission it shall be unlawfull to violate the terms or conditions of - lie license, 2.Shdlso opliance. wThi he berard may etabiliosh sflchedules ofo tichre xsigon
whether or not such riolation actually lowers the qluality of th.. eevn October 3. 1It73. including such interiin and final dares for atttinnit-rit of
waters blowai the mainimutin Nctpllirviiients of tivir iflassific:ltionl. *itwciflc staiLArtIS is AiM ti 5oir tu crry cult Hthe Iml-rosis of this!, suit-
6. Conduct of hearings. 'rhu bitaril ill eVPMtlish reasollaiv fees for chapter. Such schivitluslelshall lie 'is shotrt as possiitle aiiil slce]l he butted
the roprodci netin of iaarL'riaFT-iniNII ciistody i ocluitti t, parts of an app lication 11" IL cos~iasiwpa tiollt fit tha rTswhlitlobcgica In curl eoillcic ~ilipacct of thic Step-
slibnitrt'a to iltel(, Nnl- ain.I pa rt, -t the rue'. res of :t bac~r rng hldict] bi ie Mwardl necessary to attain suili strindanIls: p royivdaat that ill any event suchl sched-
under this ee'ti at . Alit.:izi (,I, far" Il lvccsI by the Itorinri I nay. b.'.ia -it'lld by tiles sh~all re, reti re comhpl'to complci ance wi th stidiseccion I not Inter than
it to reinmljibrse cx i.n~ctir ln rilli rolprdc itri iiiL such 111ateriRiS. Alicy r`UCIcraS, October 1, 19-46.
rellorts or informai~tion obtiirilv tinde r E llis suilsliapat.r shall tic nvailable to
the public, except that upon a shtiwiiig satisfactory to the hoari! by ally IXM.rs'an
that such rvt'urile, r'ltairts air iniforictaticmli, icr pa rdela ir par fivc threo. urlac'r 3. Federal law. At SIc ccii em as the Ailmi ristratir of Elie Udi-il hS tatets
than effluent dlata. tii wilich tile tac1kl-JI His iiIcoss elietIr this sI I li alitir vi-uld, E inua.ua I1'1ret-uti-ci Agetaty dcIV'1111- Eal ) elv3t N ut' itmllitlI: ly'tlalits fl C
If made public divilge meithtods *ir processi's of such pvrsoli whieb Ire entitled dischaiac of 1)11taillt.tt 1-Y watvrs tit this Stata' livirstInit Eto his alulhainty
to protection ai, C ricd bvcrots. uicla reta'urds. ri-ports eir hatteritati. n shall Ibe ii idir Slit 100 4112-1111 'if -ii. .tlir I Wtavtr l'ol I titica Cont rol Act, as
confidlenti~al andI nit ,availabltla fr p~oblic iistim-ctiaia or exainhlaciian. Such anieudeda. the btr shall reniaso to issue :1 license for tile disehiarer of piilliil-
records. reports or inforiaiatiuai aniy be disclosed to enuiploypes or authonrize'd tants which it flitdis wviatill 'litklait the previntativei of any federal law relatinig
represenitatives of the State or the Unitedl Statei concerned with carrying out to waiter pollutiouvnit-airru. anticiorigo air navligatintu tr r-unattltlams elcitilt
this subchaplter or any applicable federal law, antI] to any p;Irty to a heariuig pursuant theretin. Any latice'!s issued rtamiler this chapter after such cietermlina.
heldl uider this set'tioia on such termis as the board may prescribe in order to tiun shall citaitia such hirflviijltl, ill'ludiiuc effiluent inheitatlozs. whic-h the
protect such confldontlal records, reports and information, provided that such- board fderals ciuwssr tor cary ii Iegulartiaons.tti ucatrai n
dIsclosure is material aiid relevant to any lssuo tinder consideration by the suhfdalLworeuatai.
board. ~~~~~~~~~~~~~~~~~~~~~~1973, C. 450, i 13.

414-A Codtosoflcne 414-8. PubliCly owned treatment works
1. Generally. The board shall Issue a license for the discharge of any 1. Definitiona. -Publicly ownedct treatment works" moans ally facility for
l p luants only if it finds that: tile treattaikeit of aoilli~tants auwiacil liy thu Sirate or ally Political stailmyisaniail
A. Classified waters. The discharge! either by Itself or to combination thereof. ally istuicicpiaituy, district. fluasi-uiutalicipiil curporatiaon or other pub-
with other discliaral's will not lower thle iltiality of any classified body of lie entity.
water below such classificationaa 2. pretreatment standards. Thle hoard anay estab~litth toxic effluent and
B. UnclassifIed waters. The discharges either by Itself or in combination pretreatmenV~t -.1itt1ariS 1`air tile ilittndlteirijn jilt., piaittlily ownted treatment
with oather ([ischares. will not lower the iqtality of any unclassified body wdorks tat Imtuliltilt what-li iiatrt'ore with, pass threatanai car otherwi.,ei are in-
of Witter h-ltuw the classlfluatitaa which the board expects to adopt in ac- euignpatihlL with, sliil tretulitlit %vtirks.
cordaltnce with this subchapter-,. 3. User charges. The biaarui ]lay imoeits a condltion Ill anty license o for
C. Waters of higher qualIty. Tim discharge either by, itself or in coanbinat- the, discharge taf ptilltitalits frailat ,Isutilly aiwitell treatailunt works lipprtiipriate
of water, unless upt an an affiirmativeo shouwilng by the applicant the board *it-1151irei ito establaisha Mni iisartira elali litly tus4,rs tit such t reattuent works
finds that slich lowering is a rtsult tif necessary economic and social de- with ally systiau- it( tiser chargvs mi'i'liii'd by state air fetleral law air regtulartiets
veloplaent; antd promnillgapted thierillutler.
0. Effluent llrmitations. The discharge will be subject to effluent linaita.
tions which reqluire aelipliatioti of the best practicabile treatment. "Ef-
flietat liiiiitattiii.N" niculis anly restrictioin tir prohibition Including but not 9 415. Appeals repealed
lImited Mtoeffluent limitiations. standlards tif perfuormance for new sources.
toxic efflui-nr standiardls antd other diseharee criteria reguating rates,
quantities and concentrations of physical, chemical, biological and other 1 416. Discharge Of all prohibited. repeatedl.
constituents which are discharged into waters of the State. a"Bust prac-
t~cable troatnient" means the miethiatls lf redluction, treatment, control and
handling of waste. including protcess itlethoils, ftre a category or class of 1 417. Certain deposits and discharges prohibIted
discharge sources which that board determines are be-it calculated to pro- No person, firm, corporation or other legal entity shall place, deposit Or
tect anti Improve thle quality of tlkes rect.-diug water. In determining best discharge, directly or indirectly Into the inliand waters or tidal waters of
practicable treatment for eacla schl categury or class, the board shall con- thIs State, or on the ice thereof, or en the banks thereof in such a manner
older the then existing state of technology, the effectiveness of the avail- _ that the same may fall or be washed into such waters. or In such manner that
ablealtenatves or ontrl o thetypeof ischrge andtheeconmicthe drainage therefrom may flow or leach into such waters, any Of thle fol-
abe alentesibronrlit of tuhe atye o f dshrna'adtihe esm lowing, except as otherwise provided by law:
feasibility of such alternatives. ~~~~~A. Forest products refuse. Any slabs, edgings, sawdust, shavings, chips,
bark or other forest products refuse'.
B. Potatoes. Any potatoes or any part of parts thereof;
C. Refuse. Any scrap metal, junk, paper, garbage, septic tank sludge,
rubbish. old automobiles or similar refuse.

Ths section shall rnot apply _to sidwaste disposal iacilities in oneratioz 1 419. Cleaning agents contalnirg phosphtebnd
onl July r, 11977, owned by a municipalty or quasi-municipal authority if the I. Definitions.
operation arid maintenance of the faclity has been or is approved by the A. Dairy equipment. -hi)jry usljlaioleot. Its ue nti eto.I
Board of Environmental Protection pursuant to the requirements of chapter equipmewnt used Isy farnier., or j'rocoptbors for the manufacture or pro,
13 and the regulations adooted thereunder. Ing of milk and dairy Products.

B. Food processing equipment. 'Tovd processing e~juipment". as
III this section. meains eslilpniont used f,.r the Processing anti packaor.
I 418. Log dilsing and storige - ~~~~~~food for sale, except that eluilllsnnt used at restauranits an-1 sin
I. Prohibition. No person, firm. corporation or other legal entity shall proces fusinessgl o bequi p m ued wthi
place lt,.% orpuipwoo into he inlad %wates of tis Stat.afterhctoberphoC. HghdPetehgenusdeterget. phosh phoshoroustergeret",,ass
* 107 for the purpose ott tIrlivi'1 thle slime to PI'll' miill. lumber mills Or any In this section, meanls any dotergent, presoak, soap. enzyme Or a
other destination. cleaning agent containing mtore than 8.%phosphorous, by weight.
No pe 1o, firm, corporation of other legal entity shall place lops Or Pulp- 0. Industrial equipment. "DIdustrial equipment", as used in this
wood an the fee of any inlantl waters ot this State after October 1. 10.70.
No person, fir,,,. enriprumtiun or Other le'grl entity shall plac log. or puipl tioni. weans etiiipijnaet uself by vindustrial concerns which, concerns
wool hIto, the inland w:,ttrs of this State after October 1, 1070 for the pur- located on any brook-, stream or river.
pose of storage or curing the samr, or for other purposes Incidental to the F-E Person. "Person", as used in this se.ction, means any judivid
processing of forest prisittets. without a permit from the commission as de- firma. Association, partnership, corporationk, municipality, quasi-munic
ssailed In subsection '1 organization, agency of the State or Other legal entity.
2. Storage; permit. Whooever proposes to use tle. Inland waters of this 2. Prohibition. No persw, shallt sell Or use Any high Phosphorous de
State after October 1. 1976 for the storage or casring of logs or pulpwoodj. or gent after Jutze 1. 1972.
for other purposes iticislenttal to the prot-essing tit forest products, shall apply 3. ExceptionI. Sull-eotioin 2 shall not apply to Lily high phos~,s
to the coulmissionl for at IN-ruit for .11171 Use. ApplcatIinS for SUCh Permits tergent sold and used for tile purimse of cieentin dairy equ1Im
shlutl be III suad forell allil reipal re Tsuch inftornuiot 1w is rlii. board may deter. proe""siS11 (titil PHInent :tnd indus~trial etlUipuient.W
mine.
W~itlait 45 day% or receilit ori' tail:IIiIL'ttioll. the' coilmiss;ion, shell either
grant the applicatiuzi or hold a puhiac hevearin thereon as provided. J 420. Certain deposits and discharges prohibited

he ~~~No person, firm., corporation at other legal entity shall place, deposit,
TI the comnaisnhotu is aieto find. oil tile basis of the application, that th charge or spill, directly or Indirectly, into thse inland Or tidal waters of
proposed usec will not lowir the existing qumality or the classIfiration, which- ______
ever Is flagher. tit any waters, nor adversely affect the public rights of fishing State, or on the Ice thereoif, or on the banks thereof so that the same may
and navigation therein, anti that insabily to conduct euch use will Impose or be washed Into suche waters, or in sucli manner that the drainage tf
undue economic hardlship onl the applicant, It shall grant the permit foe a from way flow Into such waters, any of the following substances.
period not to exceed 31 years. with such Cernis anti conditions as. In its jndg- 1. Mercury. Uercury, nod any compound containing mercury. witE
meont, may he necessary to protect artice quality. standards And rights. organic or Inorganic. In any concentration which Increases the natural
In tile event thle fnuinlili."o n tritets it nrev".eary to solicit further evidence, centration of mercury In the receiving waters.
regardling the propi~tied use, It shall schedule a public hearing oil the applica.- A. Exception. Any person. fIrm, corporation or other legal entity
Cillt. ;;otice -of the lhearintg shall also, be giveit to the a1pplicaint at least 21 a n January 1. 1071. was discharging any of the substances mentione
-days before the date of the hearing. this subsection In connection, with an Industrial process shall Aotl
At sucs hearilltha~ eutniio sitnil solicit fitnl rueeivc testinlony tLon- deemed In violation of this subsection it on or before December 31.
corning the natitre anti extent of the. proposed use and Its impact on existing It shall file with the comtmission a statemenut indicating the amotun
water quality, water cias~sifiratio,, stantdards and the public rights of fi-shing, such substance so discharged ont said date,
And navigation anti tile el-onoinic Implications upon the applicant oft much use. 9. Emergency prohibitions. Notwithstanding paragraph A, whellt
If afer harin the w~n~ulssnn dt.'rsincsthatthe roposd us wil notthe commission shall find that a concentration of 10 parts per bliliut
lowe ather eistinguliyo the cmmistic d trione sthandard.proposede use wighl aotercitry or greater is Ptresenut it anyee waters of this State. or tha: dar
oeroay wtheres. ngr qalitsey orec th e pclassihtoffication sandars whhveris ih to public health exists due to mercury concentrations of less than 10 pi
getofn wtherein andr atdinabiliy afet theuc sulcrihtuse ovi fishing ande nav per billion In any waters of this State. it may issue an emergency ot
natoni theresin and thae iabilitynt, Icdc suhal usntte perit fmore undpero not to all persons discharging to suet, wasters prohibiting or curtailing
nontl harshipon te aplicat, I shal grat th perit fr a erio notfurther discharge of mercury, and centpounds containing mercury, th
Co exceed 3 years. with such term, and conditions, as in its judgment, may t o. Such findings andr order shall be served In manner similar to
be necessar to protectsuch qualit, standardsand rightsdescribed In section 593. and the Parties affected by such order shall h
the same rights and duties with respect thereto as Is described in sect

2. Ox la or hazardous substances. Any Other toxx:;c zrbstance ]Ii rp am: il tir allplivillit fr~ flit- fi-I'lizi l~ir'i. i., ir i'l.l,,, irvlr
or cncenraton geate thn tht lI'irifi.�rl r rgulated, Including conrplete not iinren':s.irlably liIIIr.*-ro %ili%~ s~r i-r*ii,~.lilt ~rlgrevrmaIit~inli itiai~l. set-uhi
prohibition Of such substance. by the hINa rd. In identify ing and regulating andi alestlicietj ii,,,s ; ur odwt-ir I,.. iii rim:.miailiy iii' ir' rv with f.or ha ri tire,
such toxic substances. the board shall take into account then toxicity of natiaral elivirnlrs til th.. g~reat jImItr or trilirtilry rivur (or :ir-ii nofr cailtIC
the substance. Its persistence and ilegrkdahility. the usual or potential pres- narerrsolialle uiii ir ...ioi tor rriii. thl ritefi-ri' with flit' il;tirlll flow
ence of any organista affected by such substance in any waters of the State, of aniy waters; mr creirre or caris,- hro lit- orva"Itr, wun-l fiiill!liruor trL~f-
the importance of such organism and the nature and extent of the effect of are of ,Ily urI;LEire InIIr 1rrrilirrilrl aniri iy fihork illtlaitt or
such substance on such organisms, either alone or in combination with sub. losw.r Eire qlualirty if aliy wIrier. Elo tIll. sati..fX.rkoii of tice L-)ardl, tlt: Wantri
stances already in the receiving waters or the discharge. As used in this sub- shall vrlurt t~'heri " ipirilC 1111 sirli e iii it rletiiis npji~.,;Lry to UiSolre EiI.t
section, "toxic substance" shall mean those substances or combination of sub- the proposedi activity will comply Ivith thet forciiio.Sriiliis
stances, including disease causing agenrts. which after discharge or upo exF-
POsure, ingestion, inhalation or assimilation into any, organisal, including -i~idvdr~.oi im oprtoliliillC lli iCi r0h
humans either directly through the environment or Indirectly through inges. A yr l~ientitiduaho lersi-rlriorm crpratiniv,' o munisipatoliey sli'iatei nroe or ioth-
tion through food chains, will, on thle basis of information available to the any mraterials- froni. for '.'lro -rects, I~IIiMift. iiisto Ilili'- iiI. f-ic i' r imiriii-
board either alone or In combinationi 'with other substances already in the talni-d any cailiseway, bridra'. niniriris. wharirt d-L'nk or lievrn~ialnt slriictlire, or
receIving waters or the discharze, cause death, disease, abnormalities, cancer, dv-poits for cisies" to hi I.-list fill ii. oil .i- wver nilly gri-at lrind oir on tIre,
genetic mutations, physiological malflunctiolls, Including malfunctions la re. landi :ulJUVI-11t Ell airy gil-nit Iniuil, Iil Sieli .1 Fitlieiiir Clni rlily ur-lrlloi.fill
Production, or Pilysical deformations in such org-anism or their offspring. or stnl~vlnir 11is'. faill for Ilk, %v.ishi'i illIll Clii' ,OI';It M11iil4 -hlriit ;L flit'-iiit fiiimi
3. RadlogicgIal, ch m Ical of biological war-fare agents. Radiologica.2. tlii bonarri ;s lprrviflrd ill Clii soctlil .1al~l Ist lie liiliishiiiC1 li titfini- if t ot 1110,1
chemical or biological warfare agents or high level radioactive wastes. tilaeii $2ilIN) fo cr ibit dy if iHa-li '.iolaitiuii.

Ilk thle event optftCli' violisit -iir of Cis secrut. tiiCli- Art tririvy (.eiirth skuty
_____________________ I liJstitilte lii0ii r' . I'lij zl frrlirjoivlF 41t i-Iis ;III nI' ilials- rest1irltiii
i 421. Solid waste disposal areas, locatiolr it-afcte rat)iseiiiinlro tttt-tvrevi o ailn
No boundary of any public or private solid waste disposal area shall lie F u rr Cili' Ciilrli."kS I, Mit u sevritii "gri-at immdi" sliall afiliriil lilly ililnill Itly~i
closer than 300 feet to any classified body of water. o ~ f water %viich il its natrala strite hiss a siirrfui-i ari'a ill vxc:Vs it Ii aires.
If the Environmental Improvement Coornilssion shall determine that soil anti ally IMiiily of wr:iter artificianlly fornii'd oir iiani'vamd whViilli lris it slurfiace
COAi.Iltlo11, groundwater conditions. topography or other conditions Indicate area ill exce.s .4 i 1f ilcvvi'." tin. 'liure fit whiv-la is owisviei lay LI or Amore prilmrsn.
that sany boundary of any such area should be further than 300 feet from any firnis, corporlltions or nihier legal elitities.
classified body of watcr. it may, after notice to and a hearing with the
'affected party, order the relocation of such boundaries and the removal of
k soId waste, previously deposited within the original boundaries, to the
"ft nfLnes of the new boundaries. 1423. Discharge of waste tiran watercraftI

W -"~~ ~~~~~~~~~~~~~~~~~~~~~~ Not lwr-ui. firnh. iiirp..inr tim, 6,i iiilir hg i inCity shalhl iliseitra-, ,pril fiar
Any person. corporatiirn, runicIpalIty iir state acency establishing a solid in-rillit to I.- *lsainrba .r i'i..rvrk or itinr Miiite LIIiferiii froni wnator-
wa'ite dlspoi,.al art-a jitter Septeniliir 23. 1071 may apply to the coin- evrnit. as ilifiiiiil ilk TIiilh1. ILI. Helen lh. silb-A-eflon 17, ;nild inf-Irirllira hIiIa'.e-
nrtioni'i for a ili-riiiiiati,a Chirt tlii- 1-1iiiii vleh's lit ii! proin-rmer area are lo'llf"1 liii., iginitioi Nu ilr. of Chii. Stior. il, fii lii tii, if# ilii-criif, fir tli lik' linink-
Allitnhily reli~roo ii ri.Fri aly eliL-SIfi'l ri-ily if wvater. flieri'oi Ill %1ri-l lir iiriir Cliti Elio' amviti ay full lmr lIe wa-disfi inti isuch
Any solitd waste ilisposal area whose bliuor lary Is closer IIthal 300 feet to wati'rs, Air In lit rfishlalirratr tlrnrl C li lt dralinsivp tho-ri-fromiii lillY rw, int n %ri sii
any classified body of water sholl Iso diNCmirrtloired in conformity with this wailteri.
section prior to Decenrimer 1, 107:. Ay ;i lt'irrI.is l1b-ril itl iii I'll I.' 1,2. si.-iC on 21..'~lsiCin1.inlaile
Notwithstandiag this section. if the Poarird of Env-ironmental l'rowetinn h4lpislINrniti 1ii-li li lllll . Clii' rrilli tvil-Is ofCit ris, xr~tt that iririv iii if IM-r
silall detormnilri from air examinainorin (if qfoil Coirditlions, groundwatter cha roe- fin ciiii'i ly intlledr 11,-l rlii miry waisi n ilisjsisn I iystenl shlrl liii v. si-n-ri ely affixt-il
Ce ristics, climad1 tc comnd itions, tirpogra phiy the nature and amiount of the suliti to) Clii' inti-rior dii iilrirgi- oiq-,ill fi gt ri-li miiity r%- nirta ,iirosl ysivIlk it
waste and oilipr a lilrrrrrinite facto rs, that the deposit of solid wvaste within.a lia i'lililite taok- -sr mri t .1b .ii lirhir f''r huh iireM' .11urll y Clii V wImtiiirP irn Inmrt .19i li
a ri'a les-s Cliii 3W:ls feet from any classified b'rdy of water, will not result in t~i lbr-iva itsC lCmuiseliar gi- ii-r dril lagn i. iniitolilt, initialii irat.-Cf-n 'it li' iStaff-I.
all tunlicciisid direct iir lirilirevt iliseliargit of plilultanits to such bodl- of writer,
It may, after tiitii anti ir'aring, peruiti thle dielsisit of goill rnaste %within ----
stril. arva. upitrl sitari term.. annl conrltinriis ;i it deeolis necessary. Pcrmit!] 1 424. Voluntary water quality monitors
Issuedi puririntli t to Ilis ii ectioll shanll Ire fur a trnli mif riot mlore Cllnii 2 years Tl'le ConinikmOii'r if f-lvtUiniril(rotectiorn mairy appoiiint volulnt ary Wni-
htra many be renewed for sliccessii-e '-'Yciir titrins after reexiunination pursilaht ter filality nuuififtorN to serve, at thf, %ill alid ple-rsrire of Cli ciimisriir
to this chapter. -Such nionitors are authurirzed to taki, ivatr sanilliles arilt Ceits Of Eire waters

of this State at siiili times and at suhLI Illace, aild ill Such ninianiic as thle
commknisioner shall ilirect ;aiid co forward slich wa~t(-r 'antililes atlilt cest results
1422. Dredging perrmits - _____ to the commissioner fur rinalysis.
The Board of Environncnirnal t'1rntcdonn niny grant permits for construction The coinniissli-ier is aiithorizer[ to proivide such moinhitors with suc'h 3uOl-
-and maintenance of causeways, bridges, niarinas, %irharves nad lic-rwaloent pllng materials anti eruipimlehit as Ire dleenms necessary, provided Chia t audi
structures, for dredging for for delimimit I)( fill, in, oii or us-or ally great pond equipnren~t and nIateri'Is .1lrall at all times'. renrain the prirperty 'if the State
-or on the [anti adjiec-nt to alny grinit lmooii iti skiiel it titanlnilr that any dredmile and shall be imniediately retrrrni'd to the c-irissiripoiu hiii direction.
stpoil, fill or structurre miiny fall or Ill- %vasliid i11to nhal wariers. 'Such monitors shal riot be elonstrued to be exuiployees of this state fur ally
The board maly. pur-siant to thet Adiniiistrnutive Coide. adopt, amend anti purpose.
rpaI such r(,:"Irltioirs, estalilisli Schl Iteniriig lsrocedirri's a,iil chaarge schor The coiiiliss.wncr fir his represtnitatlive sh~all. conduct sichuiiiols Ell listrrict
fees as It dleenis, necf.,srury to proper-ly todrininster caiii s'ectionl. F'ees colleetdi said mun.iitors in tire atietlionls and techliillire- of %riter outideihl takilli and issiue
shift[ :lccrlre to Clii, bordrii anili halml lie exliietiiler by it for expenses incuirredi to sadid iionlitori air ldeitficatines card or certifIcate showing their appoint-
In carryling ouit its dlritias, prescrain'l liy lries siicn mfnt and training.

3 17

1 451. Enforcement generally
After adoption of any classific~ation by the Legislature for surface waters
or tidal flats or Sections %iereof, It Sh~all be unlawful for any person. firm,A. rhnarplsadenieretitssalhoomkdad
corporatiun. inuniiiipaility, associatih,ri partnership. quasi-municipal body, state Mitteil to the Watker and Air FrnvirornentraLl njprovemtent Coninri.Sic,
agency or othler legal entit to dislitse of any sewage. industrial or other Or before Octoleor 1. 1060.
wastet, either alone or in conjunction with another or others, in such manner Arngtivcf- Ldilirafnatiiecn sl 1 omee
as will, after ri'as.'nable oppi-rrunity fur dilutlun, diffusio or mixture *ih o r Imo Ocnigntntfobr 1,I7 .LdIniilas (ratind. hElen- fitiniria hl ~compllcete
tereceiing watcrR o hout tranfer to he atmosphere lwrthe quality o f e c m asl intinjct-mobauigesaemndfea rn
Said waters below the minitnum requirmnents of such classificatIons, or whereeiomis .fntiniiltdnotarrioftt ndferlgn
mixing zones have been established by the commission, so lower the quality of C. Diataivild engirietring arid final plan formulation shalt be comuplete.
said waters outside such zones, notwithstanding any exemptions or licenses Or belfore Occrilher 1. 1072.
which may have been granted or IssuLd tinder sections 413 and 414. 0). Rleview tfo fiial plains %with tile Water and Air Envirmutiental
The commission uray establish a mixing zone with respect to any discharge provemeinet 1-k-listiissign sh~all be Curilpleted ialid Constructionl commenlce,
at the time application for license for such discharge La made pursuant to oir before Octohor 1. 107-3.
sectIon 4141. andi when so established shall be a condition of and form a part E. Colnstruction shall be completed anti in operation on or before C
of the license issuedL be' I, 19713.
The boalrdI - say.-after hearing in accordance %with section 347). establish by However, a re.Classification adoptedl oil or titter January 1. 19G67 shall
order a miximdz zone with r!SPeCt-1O any discharge for which a lieenue has1 be deemed tit exempt silly mkUnicipAlity, Sewer redstrict, ptorsior firm. corp.
heretofre beenissiltd pursunt to ection 14, o r f o r w hihion.orclothtor hastalneorothyrfegalrenityplru incompyingthtitwttlerwqteaqualitstaand
heret~~~~~~~~~~~~~~~~~~~~~OfrIteisudpruntostin44orfrwihaexpto aof the last previous laifctnas suelh standards Pxistid on DJ'cen.
been grantedl by virtue of section 413. -Nibsiction 2. 31, 1060. and enfore~ment actiun mnay be mairitalined fur noricomplia
Prior to the comnmencemtene of any enforcement action- to - therewith: provided, however. theat In the, event that a time scheldule
sa~te ael~otsiicationviolatin. the ommissin shal es taomplian I thwimanerheomstandardithoth stcndrlssofpurevlasup cvasssclacsftiatiwawasii
above poie.a asixisfi zone withrepettion the doniscin harge sstablish, e the mane ltence on December 31. 1061 andi tile 11unicipality, SeCe distrowns
aboveprovied, amixig zon withrespct tothe dschare soght t be tere-firm, corporation or other legal entity was on theat date inlr con in
by affected. such time schedujle., then tit such enforcemnent action may, he nrli-M .
Tire purpowe oif a mixing zone Is to all-Ow a reason"lile oPFWortuntity for Mill- shall any further compliance with Such time sceditule be required.
"oil. difftisloin or mixture of wasteg ivitl thle receiving waters before thle re- After notice to and a hearing with thle affectod pa~rties. the coirmistion
ceiving watprs below or surrounading a discharge iill he tested for classiflca. Issue to any municipality, sewer district, person, firni, corporation or other le
tion violations. In determining thle extent of arty mixing zone to be by it es- e ntlty, special ordisrs directin; such operatinig resulits as are necessary
taisilisheni under this section, tile comm1ilission tony reqiuire from the licensee achieve any of the Interim goals set out in the above timetable.
testimony concerning thle nature aned rare at the dIscharge; tile nature and Ntiht"11 h oeon iealI h omsinSu[dtr
rate of existing discharges to the waterway:- the size of the waterway and theNtwhsarlghefeoigieabifhecnisonslliern
rate of flow therein:, iny relevant seasonal,311 climlatic, tidal 'Ind natural varia- that any milniclipality. Sewer district, person, fIrm. corporation or other le
tionng in suchl size. flow. nurture and rate; the uses or the ivaterways in the vi- entity can reasonably compliete any or all of the foregoing steps at art Par
cinity of the discharge, artid stich Authir anti further evidence as In the com- date or datvs thrai hervin providled, the commission. afttr noitice anti hear
mission's judgiaent will enable it to establi-sh a reasonable mixing zone for may order coinpletilon of any such steps according to an acemlerated Schell
such discharge. An order establishing a mixing zone may provide theat thle ex- Indtriigaysc.ie rtrct ealte ne fhe fo-c
tent thereof shall vary Ini order to take intio account sieasoinal, Climatic, tidal provision for an act-elt-rated schedule11. tile commnrission shl voll osider, hlt[
and, natuiral. variations ili thle size ain' flow of, anti thle nature and rate Of necesisarily b~e inaitcili to tire foillowing fanetors: Thre avaimintuaiy titt Irimnnisi
discharges to. the waterway. quasl-tirmniciipai. state. fuider.,i1 or other frmnds. of techarleal airi Oticiinvrling
Where no mixing zones have beeon establIshed by the comissilson, It shall v ice anti rvc, of machinery, tonistruction muateriats arid marnplwuvir miet
be unlawful for any perso~n, corporation. muninclyality or oather legal enltity to sary to coiistrmmct arty proposied ailatrflrnret aCigelity, anrd-tre state of tile art
dispose of any sewagp. induistrial or otruer waste, either aslone or in conjimnc. Pollution abattrnIluIt technology.
tion with another or others%, rami any elassi4fiedl surface waters. tidal flats or . 0oo, C. 4V), J� 11,1.
sections thereof. iii such manner as wvill. aftter reasonable oppo~rtunity for uillb 2 eoain oifi- ino 4pnlno iess eeld
tion, diffulsion. mixture or hteat transfer to theL atniosphvre, lower tile qutality2. eoctnmdfatnorspnlr tlcnerpaed
of ainy- significant segment of said walter.%. tidal flats or sections thereof.
affected by suche dischar~-% bellow thle ruintimnim requpiremnents of Hitch classi-
ficatIoni, and I mtWitlistandurng any lilcseu.. uvitich uray llaVe beourk granted Or I451-A'. Time schedule variances
Isstued tinder sectitins 413 to 415.
1000, C. 4311. j to: 1I1), C. 51M), 5 762, eff. 'e~b. 10, 1071),, 1071, c. 4101, I Mn 1. Power to grant variances. 'nip Moara of Ha~virolrill-lt;,l t'rrpile,
hRill11 great a variance-1 (rruri airy striuntiry wiuttr psollii ionn abirtiirwtutu
1. Time schedule. A, unuricipality, twrlitit fwor. inn, corporationit-
or other legal eantiy shall not be deeniceil In violation Of arty classificationl 'Or sclhedule to any Ininteolcality or liuasi-muurlciliai entity, hereirirfter etilled
reclassification adopted on or after January 1, 1067, at any time or times prior "MmnicipatilitY," upon application by It. The board shall grant a ruristn-t-E

to October 1, 1976. with respect to those classifications it by such time or times A.Federal funds o h osrciongo uiia wthat:te te
he or It with respect to any project necessary to achieve compliance with the fA.iit Fedrtnl fndfot thile fonsruto omUniia~ste pwater rarnd
applicable classification shall hare completed all steps required to thUbe n fcltesaero ailble frtepoet n
comletd b th sceduesset forth In this subehlapter. a. Tire munIcipalIty ltrs demonstrated thrit It buts completedl jirelitanin
completed by the schedules p~~~~~~~~ ~ ~~laits iic~thto Ithe lDepirrtmeiit of Flnvlrounrental Protection for
treutmnricntt inif anicipal walstes and for construrction of that pbortion of
mnnemnlclna ,%,Vwal! %ysteri Ints-ndedl to Im- se~rvedl by the raun li
twartirront plirkrt when that plrint first lia-girr olierations:x tn

diSebargov lIltil its mi'w.agi, lsy~,,-f aiid t'eac ii.'Ii:ixr noil ctlnltloi to till- A. Is1i14 arivl til ;Ali y MvtlilI vostI;al i-iaiill at vilteutiveri'i ro tiho illli~ldanl
M.Wwagr ysiri s witill w it-1let Siilcld an0 aipfrot , 1 agr(4,uwnr with tlii I'unfici- Iiy a lbridl,.o. nail or :lswV
p111113' lairsullint lio -Ailllsectliou 2' it foe "iufflciptir to 4.irjnl thoir prop;orrinnari' B. flits bo-1'1 1."'i ;1, hi,. iltilj l av il 6f'li wr yeorr ruinid i riI ..'ii-olally
shaire of( Iho actliji crirrerir ('n-Ct of i ai n L',tll Clhi sowiw,~~ sy-icrii ~nr whivit priov Co) tiii' cffeetki.i dawi of this Act an
pr4'illinrialry iilans haiie Nion'f oiiill tidi(i arid( aprirovihi pImtsiant co lilirl- C. 1.. fllaiiitaillhili-' a dlkclliroi' .iiitor i rit,- riiiiit ..t M''tiil,' II3.
gCraiph It. .'erlual cr111-ri-t ('lsts 111011 include huti not III? linitoil CA) Joel- 414 anit 41+-A- if Cl:. tillein% ii o iclilitlimi 4x i tl114 rilquiritenl s are Altai
lintinalry JIL1:11,s. finall ilesign jIl:als. site ;etilidsiciofl, N-ga liIi'. inleret-- feesc. (I) conaldia~no,. will Call--- iii iiiiliii i'4'i-lmmil'liti 11rdilici
se1wr'r systf-um airflint-raanlce itd ri'llirbiljtation and( -Rlitr :dinihiiistraitivi ('2) rihe Wivaer .1iialicy of Cl'.' %%a''iut -l1rs w-ill 11ll II,- si-riolllv
costs. A 11111lhlpcaiillity May providec. % lien puciluicted undt'r Chi fodeval con- ' inpured'
%CrilcC!Iljn grant p rogra 04, Ctht in l ieu of Suich annuii &-i fs' p'aia by dis: (3) thet dischtrige will noi di ff'r ill ki d or lhe ur'inIifer Iil '111111111 fralm
cliiirgers. the municipality may apportioli an ahipropriate amnountc froiti that which occiurreil prio' Co, file e'ffi'ctive litlat of this AC, oil it 3'eart
general V4'Vi'nui's to cover thiat blareof Ofe III~ III be po liy diseiarers roln lnb is or Seasonali~ly
Tire- L114 irlcCOfeti'd . ir nplpo rtiuiieil punrsiiaiit to this parai.i':ipll ;[ hti' itricst (4) the a1p41 muir rI-itirts to) tbc', dl'mt-Ijrrinitr 1t1(1 rectIN ili'. ):lp rial Aii ;I
collveted thi-ireoi shall] be' linvst('iI' ilt il 'Xxiended fhrllhmift to Ti tle 341, citl)l. writ teln colitract fur i ior allr t i'1 t :Ili altenultte syste-i lir"4'Vidilag1 IR,,t
ter 241.1 p racietiabi invari':l tli :I lighti
A.ny Coons litill Jay a dilschargt'r or diseiiarger not Ponnlipteil to the o 5i'44i4 (5) thei appoxIdili~t l tin in Iihlar=:iraIiii 141 Shll II I-i i';pllrim'4l'li 1111
.-yrati'i purilr tiuit to thisl par=i~rajiil niay III - orti'liteil CA, I hi' ;%cooliit of CIII' ofxrni' turii triur to) .ljiiii 1. 9T
dIlleblruer if thil rikiiciiii[41 IiC is silibsequilliftly ri 1411,11 roe Iiy t ill fldent Aid l 14 et l for to varll,'n undii'r rh)is s~iflai'4'Ciihl mulst he~ sidaullit ld prior
Construlction zr11 lt 1wrograu14. Tile cri-ditC( arramlienll't shall[ 1' �Ieti'rmri rii' t o SIC'4I'illilair' 1, 1911 . Nc, apptivl 'iit fi.r aI -a riaiv ill,' ideIIr t ils sill'i.5iti'l~l %Hill
113y lagraieniirnt hItetwi'l.'C tflat 4411 id pa lity :%ali1 CP'ile disc'hiargc'r. I llS Vioaion1111,4 AIr all fillhie stIlt'dl f,111'.ir AtICt till piiriodi tilllwi~i~ ll, pl~ic-t'(ihll
Vi'iriatilisc shallbi Ix, 5 invtd fur ;1 Want Vril l rvV Haii llt Cii i'SC~I-'d :1 3-VIIi-S. ;[il ill 11'114 ro OCI'14(1i fl:l 'yil' 11 'iCi141 i1(1 l'i~l01Ci
be renlsw0d. excrit. 111(1t no va rianco Shall1 rm lainpvc141( thla till- im sliCi flipll lPiit~
.W Cnllpitl-tioni of Eliei mnutiicipal w~ast COCrva Cilent faIcility3. r'jjol Ikotivri' tit Ci-
in abil ity tit flidral fistids, Chi, litioirip'i1iiity shaili Jiraselicto Cfill' l~ihiL'iihi 7. Power to grant variances to owners of a single family dwelling. Tliii
,al vironmnrntal t'i'Oti'etion for appr iovnl an i napleientllnCtinli schi-dile for lilrd o !-allocatio - ,!a%,T il; ;ra --farw vra
O 'ning, conistrllcting ,and platcingq till' was1te collec-tion anid ti4'ittviwlit faiVli- Iiai fliii~ll'i~ 'il'~il 11'lriI II(riit V I 11'lra
ties in operatfionl.
Va'lrians II in. a 141 lie conditicaioi di u110n ri'Osonlaile ;a111ilt nec.sar1y tOI'lis ri'ihlti lIi: ftwin 1111y Ntatiltory wo O'rli i it ic'so ;Ihatt-olpo'It 111111 sel'iii'ci, ujin1(1 racil'it of
tal apfprolpriate InterVim l~inersliCs to bet tallen by the munic~fipa llity' to lininltabti 1441 apipli'aitlot fromt O --f n li'r it a1 ilivli' famllilY ilwi' lln wiivit:l
or Improve water quality. A. [Ins been lised as Ills lIwrl'l hg plamet year retoil( p~tlrior 144 Ocrloer 1.
2. ExemptIons. Any Im-rsoil. othetr, than ;I muicipalilii lity. juinfiilltIIIlII t di iis- 1"
Charge subject to the reitilirl'ments of sections 4131, 414 linlt 414-A shall be R. Is maintaitining aI dischlartre sub1jt5't to thle rtsillireI'lv'lttS forsi(tlll
4-Xl'IIIIt troni Chl- relil iirt-ikillnts of suetfion 41 4-A, useliiictionl 1. jmal.r~itrliIl 1).
pftIlII-IC Litiri ritoiiii slnd i-lSt 'raictivaill Tr'eittricllt, i!413.l . h~i r~ 414 oatlt 414-11 11111 if tile foill~wiogl'lp if~irious t'xist ;a141 requiiiremeniIts
till till' corin~ hlftenocni'ln of a I lieirsi'i ilislia rze. whi iebevir oem'lirs Ilat-ir lueu are aret:
411ilseha:rgi'r liroeni'ts toi Clii DeliarrCili'it-ot l':lV Ravariu ei iI'taL l'l'tit-ri'V :1a nit CA- (I) Trhe d iscllalrgi' Ii till' opnIon 1111 iflt 111 14( iIa of Fnvi r14111lltWiNI l'l'

11lCi I'lp.1 Mt-wagn Ci s yst(I t fo RV111 1lbittlil UIfll ~lC0iiiL' or 'IIrr1k 4 I)' costuciat i i~tIA sfly ail () ower f Larvs: ge1111'i ~'lll 1151 'lllI'SOii,
Ml~iirCI'ilcil Vimils lt II s'' ql iriii. a lllIi Suc crainelrt pintIS14d Suci iA'itnu Ol i tl01-cb riteI n[ii
illsurf.'( Chr.( 1i ,'il 102' The Isiag %ii ll (1101' ('Ifiv 11VIet'iS ki or tillI'liater ill I lci'ns('41
l'li-lllli',i, mon' n haIlI li'i. Oiill04a ti' i clud fint: IIL ICor Ibial li i ct.l (4) Thofr le li P i tha h h ill'i priji to. 1213 lif(wri 10 1. VllIliTiTi 1c'CItcl

3.-cirn waflu re so complyo wiath agreement F11liab 1(1fOr ruO riily eisti n s(3 The anwye of thie single~li t lL ii (I111 l si otl lii furw .141 'Jails it 110 " hr10014 t T
tei tils o liini" i oVV'flll'nt Laii,O'' iit "o ii(111t C ii i114' ios .1 dis1:411i wii ll 'iiCoal' cluirIile ]rSii.1l-:1'0i~Cii ii1'i ililliilliLiiI 41115'.
oedr suc di4-it t iN'1101 Lwnull ( Illi voii 111, 1 ieloi' ' ro ) iller i ai k' ill 514011 1

the atandards. al of'bs lwii ah fale tirltie i pi tidinsctln 1-Activ ()TIO(iiiiCilC(ltVC'i14s''st 1of this Ilili ilili' A".V111I(lI
voectiln , by MraFlgr:111 U'4)TI. :1w111 all ohl IVit ll'iiil dwi'irlt'l isa ofi i si't hul44111 1-.Iill I lsiIItllulLii'tilll IIVIV' fSL'~~tVIiniHISO Ial3

4. Falretocmlwihareatment. syltetemo ~comlyithe any iiofl~rg' th tkiltjtiltleri' ji'li,1'tlilll1 II'I trallalll t'(
Cevilsiofr a n iug r4';inkInI t facilirli' Ilrstiailt Coi 4uiimee'tionl 2 il] lii' riujiirely CIIia asi'iu,1441i ital Silelk %tl leS
~'renC ret sffi Ilg'1CSirnei'fl niine :111 o l'gC'sllrz. illtfII-141 Lit;iSs IImI' lini~ (l fte tin land

the standards of tsta pate 4'feeal-4 111w rwn. siC~ vii'rr'liea in suction41m shat ein- C. ) T hi'ZeiC' halplvo agrl' 15 4401 SA-k fn'rl tral(i4 IlitCiIVIii3yl S(14
ttaledn not Paragraph Dll 1( Oct le thr o ciu414 gind~ 141413' ]lim;: V llsci'ii, 'Vii'l i Cult il jjIL Vill r~l W10554111rLeWtl Ii iI'3l hSl1.113 1 `1
4. Pretes.atm~nelnt ~isystems. WivireisiIdililchlrt er i'lttas hllrwi05 111cii.Ciol lilii o te valbiit ifdiills telieiuoi 1111 rstIt ii11
lecstruthe t' etes obi '11 trichn1411 t)imrslI imu Co hi s sct ion n acodnewith telellr 41441 riIIiI" Etit riilAltintioiCi~lfrIilirlaI04iil~il ilLl
iiticrOellat off iu hlit't 11.2r (d1i1',cha e 311. Chi, nitani cia s235 - [itno tnul 237.4

S. Power to grant variances to owners of private dwellings. TIll' Swalrid %CiICiIlaI for cousitrixc.tiiil uoT the' requiiretl trea(tilliilit facilitlies.
'lirn I'm "' [at Pr'otct~ionini 0y3 grant II I-i'arlane frorn anly ;terriltory water Varinhiees 41a43 Ii,' viidiiitiiiiiei itlill r'Casiilillld tit (liial(C'uiee tav fair['.,L CA`
& 'Elf'."abaltemenrct Ciat' scheillule for a tinrle certain ternmifllinz 0on or' before itllin li 0 pir olar~iiaVli ilfinterl l~i'1lalir0 Cii lit tlkestliby the Liectisce to
~1 , 1077, to the nwrierl of a strcVIICII which: otilLA4,uc ealn o lerqi"iNAtil

(C)ll il' 1(40flh140frtereiirt 35L14

1 451-13. Variances
Theiioaril ;do t ., Imv rimmunla la.,a .i hm nay .:rau ni %:iniaaim-, fruie :ut
Strudimry %%,;ktr 11pillitkii I humtlmi selieuuI , roi IIIy in~it.-itrijl lii' imsms, umpumin ,tlpit-
,at lull liof ,toy tin lidrial ll~i4N.rt. ii. nio, tbulidal
I. Sevtnty-flye percent completion of treatment facility. Arimiami 4N11imlrllg(
tiuua dot lilt albipnuiuul jmilk,1srinal pre .jmt-lv mm't .1--nil ii.4-:l-ry iii mielmieviimic %taiti-
flnry water olivilil 3' etafsifitiimluims auul rm'~i-guloory risiltnnielifa is :it I'vast -titl

Alt nluproviul flroject Sha~ll Include lilut nit Ihe luijili(h4 to a nt,% zmaufatiiatwnrim.,
(fiaility which wvill i-eplace. the soiirce of the lir'enise'% exintflnt dkishnrge
2. Contractual and financial commitments. ('onfrrawluml andm flamit-iiiriumi ail
tuitmemits to imipilete thme apprioved pnoject have beenm milaute: R1,4
3. Cause for the failure. Time clause fumr tIme failiore to have colImetmphth" lm
Approwed lpriuet aim tune14 too Amert tile Sftitiilory titie Ichmisile tis not directly
atltributabhle to th limllhu anitl shall imaclude lint not I* limited to acts of
Coll. labor uililiiitls. famjlure of 3vld partic. tn deliver oridercd conistrumctionm
materials. efmuilpmincti or .-erv tees nit tinie.
Valariamce shall he Issuiedt for a terimi certain. ant to extendi past Julty 1. 19771.
mind the wuarirl shmail smo ify iy w.,istimut llxtk.me to makeo it cialsistent %vital
Mtta~ rariauce.

1 452 Forms fl~ed; right of entry; furnishing Information
Persons, firms, crorporations. quias-miiniciimal corporations. municipalitieS,
state ag-ecnese and amtir legal entities thl ile 'with the commaisiSmi~l SUCh inl-
formation rolative to their prps4ua~t method of collection, disposal. composition
and volume fit all wastes dliscinrirgu'd hy thinn Into any, waters Of the state. in
suich muffner and an smch f(urine as thf, onnimissico may by Meulation live-
scribe. Within 301 (Il.%S- of recilit of stieem forms.'
1871. C. 5971, 10.

9 453. Penalties rpePM1cd.

1 454. Injunct lons, civil and crIminal actions retucoledl

F3a

1ITLE 33
46 ~~~~~ARTICLE 5
ALTE1RATION OF COASTAL WETLANDS
1575. C.59

5 471. Prohibitions

bt-gail I-nlilis .11:ill lr- l:.rt vaa,,-i I,. I.- lrii'l rain 'ir :';tii-i tit Im- tIruttil. Mill -luelit toit js isso~titr-t' imt it :ijiprmed Icy tin. lntui-1ill t hai les [h t:1)iny
fill for vzml I-,s Iii it fill.tl or ,rut-I tr ri- - r.In- *ri-i-ti'il .I i':iiit-,ly, liridii-w. rhell thle urffverivv' fate lail[ It' til. daite Of tijl-ro0S;i. k coply Of tltt' 31[1it I tictoli
itria riia~, wiaiurr, ili-k or ittiwr lImrtliit.-iil i 'Irt uuzu* in, I'l in' ov.-V tiny von'rair for thet in-rutir;iist ti ilt lIii'li'tiit isun't tle' l- 1111itiititit' ftt y shall I.I. sillit to tlit,
wvlttulalk ithuu first uul~triiisiin a it -rwiru rtouru-fir fronti rlitiir' I or Eik viroin t-l W antt ininwiiilitittiy illinoi its i.sliali-e by rv.-cstnred littlei. Titi lisoaci staill
out-uah i'riorietimii tir a mutnnivile;.lir' aln'tuill. 11ulict. thel ,tO ~uit f "vetiilts revil-W s110h 10.1,11it alut iltier' iilsprove~l. Aliti'n or 111tudity it 115it it ellis l elt it.'"-
47:3 lilt[i 47. I: titi hol~lh antv w-li"ii I..'Ii- t in vn'jutlitj ir if Iii.. t-oiiilititoins of stary. htiuirt' oif tilti hItitrd to avt ttirliiii m cday,, ott fill reeai-iit lof Ilii~ nr it
,lich jINrnillr. tit .. itu iilw bly thle nhniii'iii-ilmury sliai i-orisrirut' its approval aut Eihu pt-rnait Ijall be,
effective as issimLd

9 472. Definition a1m-ritii apitilerima. t fin t il-aruttit or ieu Ixuii mlity, iiutj iotiftibt ntg tt-il alltd Ii
Fuor the, hitrlttist' --r i , ~ nihulr'. 's'Iii, -,a l tivi-titcti is (titfitil a. all cidal of silch trac', timy Ilu-fer tietioltit uti tlt' appilicntion for it retisoialtle pc'ri'.1. T1'lt'
aliii Sniltljilal humds in,11i nziliu all art-us beome tny Idm-nitriailil, lu-Iris line It-fr Spplic~atsallt SIAX o t (Iiiriiui tilie pyeriodl of iut-err~nl fill or cmen t to lIN- filled,.
Ivy tidlal Acerititi tll arlt-us o ~Tl i''1ttii i-- i-u nltt is tmolu'rnitt a "tlt wvater fntre(,a or urlse to) IN, ulrvilgi-11. drain or eti-e' it) lie tlratiitl or otnivrwisie alter
aind mnr-rurs i iltimri ly it- :I ;otl %%[ri t'ublix tr ratr.iiil time) Swatll Ilt.itlirshi ho;:, siielf c.'astdI AWi~tiaigld.
Ieeach, felt or otitler Volithioollls ImLin i.uiwul ivIale i's -.mnlujvv ro t iltle att- iol tor
11orgractl stfrltil fieiwarn. :t ;kale thino liirtt'hti ng 1wtrittils of um ,ium S ititi Ski*i

I475. Penalltis

1 473. Permit granting authority A violation is defined as any filling, dredging. draining. depoisitin,. tdterituit.
All1 Ixro i t.- shall I i is- til liv tie, !1un il (iif l' viir--it nimiritl I'n'otoctiol ex- erctling or reilov:L of naltetri ils %which takes plikee Iin coastnt wetlands coil-
C4.1it thiat n-T:-i~l rll:. 'uvpjd" l l. (w.tt 1 fnrii';u iinuu." by thin' Ilutuair to thon trary to the pirovs-ionls of a vafidl rwrmit or without a permit letvinit been
Btotard of I-ati rouiimteital ['I-,.ttintIoii , fi1ti'muliuitity ti ssn stir-It liutitils'. Trhe i~smiaad aind without ireenru to whether these physival acts wvere witneshed as
hoard liueh ~r~init uch ui'a~lttrit~ If t fittils thu~t li'iliieiuily husvte ere hIwing carried ouc or whether the actiout was willfully undletaken
to avoid the intent of this subchapter or without knowledge of this subchapter
1. Planning board. l-:rablkli'il ;t plnittizi-i Itotird; : ndnertniken. Any Biuch filling, dredging. tiraining, depositing, altering or re.
2. Adopted zoning ordinance. Aim;le it-l zotmitta utrlitituitem uiil-Miveft Ily inoval of ntuAttrial~s sitlia lie pritnat facto eviletuce thttt it was clone or caused to
tlii Iinti a nfl t fllte L~iand I ',- h''nlt i 'ou uiuoti'tsitoi. pmtiiisitai ito Title 12. 3hi done ity the owner of qitch coastal wetlands.
'ltter' 424 ;
. .Notiolce. Maitim t'o.0 .imltU tordiin'htiniev -ir i'eaiiiutiulk fotr 11"01111-1 iintii'
a 'lie, i~oaril oil thit' pitnie'n~t ti i'i'-'1 t if uipp~lic~i.imtt titil wvtilti-11 utiidfic:- -- 476 Enforcemen
tlol tif) liii' ahltit:tt uulivat; t 'l ltiioit't fifll, i.soiif-it'i' t ,i- [i'Initial -if it pnerilait 47. Efrenn
rtatilig, till- 1114-1.1-rov: aul l ~ ~ ~ ~ ~ ~Inland fish and ganle wtardeus, cotistal wardenrs atiid till other law eliforce-
4. Appilcation form. TF:it appili-itimli fil11 tr I 41 I .,ltu ill - S.' u 31111ki :15 tItULt JIrO- mnent otffLctrs aittemu ratced In Title 121. section .1)03 shaill enforr.e this stitu-
s'iiu'dilby [Ii'ht- iordi if Eniiri'i1iittitu lnd t i'i't alt. chapter.
In tilt- event thait tlte tImtird flils. thtut ut atuiiniibpility Ilats fatthei to satisfy
nate or Movte of till- altitin i.~i'lli (-riltnial. it slitil notify Fliii niniiiii-ilimlitY tic-
eturulingle' miiil ntialiw , i'ttnnmiitjiltttitit throuatghl islnif-h it tiny f,021 tltli7l Repiitt
3iWNJILM'. Tlhti ttttii'it~i tn atl title -tItiritir a iat lolifhiei alpirth l i,i':i i flar a 47.c-ea
jiroiral.

exervisi' it., 1--r~tit.giit , iniicg :int-iruiv ii iin 'ittt't %it lhi its :ilnipriiti'l ljrnt- 548 x pin
uislitrv,, or flit' itit'its-,t' if Othis A i-ihilt' is. (iii'ta lian. itt fli'. .tuiil:ir't- sit flfitit Tile lIoird Of Ktvroiitit rllaoti-i-t tu Uni by rul' fon r-taintttiol exeNepIIt
in suectioa 474. it [liuil 'lrift' rti', eitittu-iliuirY o it. li' Iet-ifi,- do-t''i v ie-iiit-o fnacic this sttlim-titt-wr o-trittiti talivitits nunhltitrng. butit riott lintitaruiIn, repairs
cit- wittlsithle tiril- in wi 'ldla laiizg f %N hit-l :tit iitit itiall,.o It'l sit tit MI M N. atil 111311wlaltt'itt9 tir 'Sistine strvnrt vtite' tin wa-ive sit-it ptrovdti iral reqlhlainelltts-
zCit 1 Il. It l., tutu itt rlii' tiii1 ttlivi~il Itt -.itiiit 1iiiliiii itr' .frivial timaitinaul,1t us. it Ieu'aats taint hiattllsi.-rett wti-,n thet liunirlw-'s tit thim slwht-aaliti-r. Nothilnc
tit'n'oi. lb~ifuitittii Iwavlta'ig. if' it finitile, t l'iet't'ts it mtty ti'tdek.- In this xttis'htapti'a slitll proltilit (tit, itinlir refpiire of f-Xiliitli. ls-ruaattitttr 'frlir-

ti11 nit llorItiity at ally. It:.le fillie-l. ilt~it-i lt vii n 'ii-d. ititiruti or rvno'taauis' l ia 'ty tutisal wvtiu aid ttr
litrtutiIaalt i i -nt .tr rt-i-pir tif lin-vr"iaty exist iu wagitys. reails tin rallcoii
1 474. Permits; standards lItils laier maliniutliltIn ;ttLV111 r-paira fitt i ustuaittitons uasid fttieiIt ii's of tally utility a~s
It chai' uiptlieatiit for Cite Iwnotit ult'itiitttstn'ttis ro the sanftctiof the hoard ulefiaau-ul In Tillu' 2;. sectinit21 -l alitittting or crossinig s:till cotstal wvetlanrds.
or nit ittii'uI ulity ;is atlrlprninitn. (bt li tnha jIrm i -i'd ;tct ivitY Wjill hitE unoriason- plrolillid to 1 %vt'ttt't'toit 'L. in-1 subsain-tia ally alteried.
ubly interfiri withit x'istine i'etri'attionall tittil tttittiuu luse: nor vallle kl~lt
reasonablel %oil etrosion; riot, uitirj,'tt$otttt, itie u'rfel'c w itli tile itiaturat flows of
anyn watt-r.; ltior it'' tt l'yitarlin wildlife or fri-shwatcr. cStlitrille or 00
rine finhe rics: nor lower tli' t t qulity of WaUtytu e thle board or notntticlipil icy
shall gract tie 1wis'it i uptit stt'l tel ts :ts tire nIM'ns"'Iry to insurie thittile Chcpa-
posed ]actit it)' will ctt lialy %viri til te to rezoill' staltill.. rds.
Within :Mr days ttfltcir r.,ctillit tit is Loti~llti'gti', aplilication fitr ., Isrertlit thile
ltortirL or titimitilplailit y shatll either Issu e tint' hiTtriti it orediay tlet litrittit settint.
fortlu [hi rP;1stillS thterefor i or de)~lr a litetri LI- ttuer''n, w.i tiitn :lt Ii dys of the
order for, s'iiit-li lte'nim tienil.' r i ti t.' tt ite lifitice shall lie giveiL Wi thtin to dutys
after the tidjoitrttnf-ti itt siurhl beinniute thet. hoard or ulitnlicitti ity -shall eithler
Issuec thi. hiel-olit orIlt-iiay ftin' perinit rueitint: forth the reut.,ns Therefor. Ill thl!
tlnat a permait appiliedi fatr iN denied eithctr by them maunicipliahty or the
if,,. ;,analytiiet Ititily i'uutttett aI hearing before Ofiter of the ahove with
akopublic tinniest gi ed.
Tile Imittrn sl~ialI issm-it a' x11Istlnit us'it Ittilt tiotifyinitg tlie miivhil-tulity ilk Which
the tpropoiswid al tot'raott is to occutr Dtattu voiisidlirihg atny ounijLjitts filled withial
ti reanuonalile wierodil hy stilt1 uitnicipualitY.

321

F3b

LEGAL ANALYSIS OF THE ALTERATIONS OF COASTAL WETLANDS LAW

I. INTRODUCTION

This legal analysis of the Alteration of Coastal Wetlands Act
was prepared by the federal Office of Coastal Zone Management in
cooperation with the State to provide additional guidance to reviewers
of this document, coastal users, and other citizens in understanding
how this act will help to implement the Maine Coastal Program. The
following discussion describes how the Board of Environmental Protec-
tion has interpreted the five performance standards used to evaluate
projects subject to the Alterations of Coastal Wetlands Act. Section
two discusses case law related to the Wetlands Act, section three
identifies Board regulations that guide implementation of the Act,
and section four presents the results of an in-depth investigation of
the permit review process. This analysis demonstrates that the
standards in the Wetlands Law are adequately specific and provide suf-
ficient predictability to satisfy the requirements of the Coastal Zone
Management Act.

The Alterations of Coastal Wetlands Law 38 M.R.S.A. �5471 et seq.
requires that any individual desiring to dredge, drain, fill, or erect
a permanent structure in or over any wetland, must first obtain a permit
from the Board of Environmental Protection. The Law (�� 474) provides
that the Board shall grant the permit, "upon such terms as are neces-
sary, "if the applicant demonstrates that-

1."The proposed activity will not unreasonably interfere
with existing recreational and navigational uses,"
2. "1nor cause unreasonable soil erosion,
3. "nor unreasonably interfere with the natural flow of any waters,
4. "nor unreasonably harm wildlife on freshwater, estuarine, or
marine fisheries,
S. "1nor lower the quality of any waters."

The Board's geographical jurisdiction under this law extends from the
state's territorial limits landward so far as to include "all areas
below any identifiable debris line left by tidal action, all areas
with vegetation present that is tolerant of salt water and occurs
primarily in a salt habitat, and any swamp, marsh, bog, beach, flat,
or other contiguous lowland which is subject to tidal action or normal
storm flowage at any time excepting periods of maximum storm activity." i

1I. JUDICIAL INTERPRETATIONS OF THE ALTERATION OF COASTAL
WETLANDS LAW

No cases interpreting Maine's coastal wetland statutes have been
decided since 1975 when the Alteration of Coastal Wetlands Law was
passed replacing the Wetlands Control Act. Nevertheless, cases arising
under the earlier law are of assistance in interpreting the judicial
attitude in Maine towards wetlands regulation. In Maine v. Johnson,
265 A. 2d 711 (Me. 1970) the court re-fused to enjoin filling of a
wetland after the Wetlands Control Board had denied a permit for such
activity where defendant's property, absent addition of fill, had no
commercial value. It appears uncertain whether today the court would
apply as strict a construction of the constitutional prohibition
against "taking" of property, especially in light of more recent cases
upholding the Maine Site Location Law, for example In re Maine Clean
Fuels 310 A. 2d 736 (Me. 1973), In re Spring Valley Development 300 A.
Td 7-36 (Me. 1973). 1973). Despite the specific holding in Maine v.
Johnson, supra at 716, the court did find that the standards used to
evalua the proposal under the Wetlands Control Act were not unconsti-
tutionally vague. Since these earlier standards were more general than
those in the Alterations of Coastal Wetlands Law, this decision indi-
rectly supports the constitutionality of the present standards.

III. REGULATIONS

A. The Application Form

The application form for a wetlands alteration requires the sub-
mission of various information used by the Board in determining whether
the proposed project satisfies the statutory performance standards.
The application solicits certain general information such as a descrip-
tion of the location and size of the project, and evidence establishing
title, right, or interest of the applicant in the site. Also, the
application includes questions on the length and nature of the altered
shoreline, the volume and location of any dredging or filling, and a
description of measures that will be taken to protect the surrounding
area from the adverse affects of the project. Information on the
present use of the affected as well as adjacent wetlands is particularly
useful in determining whether the project will "unreasonably interfere
with existing recreational and navigational uses."

B. Regulations

The following description of adopted Department of Environmental
Protection regulations provides additional guidance on the types of
projects subject to the Alteration of Coastal Wetlands Law and iden-
tifies types of activities for which special exemptions or waiver
procedures are available.

a. Exemptions for Certain Procedures Under the Wetlands Control
Act (� 320, effective January, 1978): This regulation exempts the
deposition of treated sanitary sludge and the construction of sewage
outfall lines from single family residences from the normal permitting
process. These project may be undertaken provided only that the
applicant write a letter to the Department of Environmental Protection
fully describing the project and the applicant receives a response
indicating that the project appears to be covered by this regulation.

b. Waiver of Procedural Requirements for Wetland Control Act
(�l.8(c)(3), effective February, 1978): If Circumstances occur on or
adjacent to the wetlands area of the state which constitute an emergency
requiring inmmediate action by the Board, the Conmmissioner may issue a
declaration of emergency setting forth the facts creating the emergency
and a statement of the likely consequences if the Department were to
follow the normal processing procedures. When a declaration of emer-
gency is issued, the normal requirements are abbreviated to permit
speedy Board action.

c. Exemptions of Repair and/or Replacement (� 322, effective
January, 1978): The repair and/or replacement of structures located
in wetlands that were in existence and in active use within the pre-
ceeding twelve month period are exempt from the permit requirements
of the law, provided that the structure does not result in an
encroachment into the wetland any greater than that of the previously
existing structure, the final structure is not significantly different
from that of the previously existing structure, and all repairs will
be completed within 60 days of their conmmencement.

d. Exemption of Snow Dumping Areas (� 323, effective January,
1978): The dumping of snow and attendant material from storm cleanup
operations directly into a tidal area is exempt from the permit require-
ments of the law.

e. Regulations Interpreting "Permanent, Structure," in Alteration
of Coastal Wetlands Act (1 350, effective January, 1978): The law
requires that a permit be obtained for Any "causeway, bridge, marina,
wharf, dock, or other permanent structure" in wetlands. This regulation
specifically provides that "permanent structure" shall not include
floating structures located in the water less than seven months per
year, or temporary structures which are in place less than seven months
per year (e.g. rafts, houseboats, tents, removable blinds, ice houses,
etc.)

f. Exemption for Small Boat Moorings (I 351, effective January,
1918): The construction and operation of fish weirs and small boat
moorings in waters below the low tide line are exempt from the permit
requirements of the law, provided that "normal practices with regard
to navigational safety are followed."

324

g. Seawalls: On May 24, 1978, the Board adopted a policy pro-
hibiting most new seawall construction in sand dune or sand beach areas.
This policy is intended to reduce physical obstruction of the inter-
tidal zone, prevent steep slopes along the shore, and minimize soil
erosion.

IV. ADMINISTRATIVE HISTORY

Since 1975, the year in which the Wetlands Control Act was replaced
by the Alterations of Coastal Wetlands Law, the Board has processed
over six hundred project applications. The permitting history since
1975 is shown on the attached table. Over the last four years approxi-
mately 92% of all applications have been approved.

In order to further evaluate the permitting process the records
of the one-hundred most recent Board orders were reviewed in detail.
The information collected was used to identify the t~ypes of projects
subject to the permitting process, the criteria rel 7e~, and the
factors considered in determining whether the -projects complied with
the__five performance standards in the Law, and what conditions were
imposed on the development to further insure compliance with the
statutory standards.

The types of projects included among the one-hundred Board orders
were as follows:

Rip-rap, Seawalls 34
Piers, Wharves 72
Dredging, Filling 16
Roads, Bridges 9
Boat Ramps 6
Sand Replacement 5
Utilities 4
Miscellaneous 4

This is believed to be a representative sample of the types of projects
subject to the permit requirements of the law, with the possibility
that an unusual number of shoreline stabilization projects designed to
repair winter storm damage were included.

Fifty of the one hundred Board orders included one or more special
conditions designed to insure compliance with the criteria of the law.
(No standard conditions are attached to Board wetlands orders.) The
following discussion of these permit conditions is organized according
to the five statutory criteria.

a. "1nor unreasonably interfere with existing recreational and
navigational uses": This criterion is relied on to insure that wetland
development does not interfere with water traffic or block water access
by adjacent landowners, and to protect significant natural recreational
resources. Several Board orders reviewed either denied the applicat ion

Summary of Alterations of Coastal Wetlands Permits Processed

(Fiscal Years)

Year Processed Approved Withdrawn Denied Hearing Held

1975 132 115 0 16 3

1976 150 138 4 8 2

1977 154 144 4 6 4

1978 168 160 * 8 *

Source: Maine Department of Environmental Protection

� Information not available

or attached conditions to insure that navigation was not restricted
or to protect specific navigational access routes. An application
for a pile--supported pier in Jonesport (No. 03-4127, 3/8/77) was
denied since the "pier is located directly on the applicant's lot
line and will interfere with the neighbor's use of her land." To
protect recreational resources one application (No. 03-4231, 6/28/78)
was denied on the ground that the proposed fill "would eliminate
approximately 250 feet of shoreline from public fishing access and ...
eliminate approximately 11,150 square feet of water area from small
craft navigation, "and a second (No. 03-4039, 11/30/77) was denied
since the proposed filling of marshland would "discourage viewing of
waterfowl as well as other marine activities."

b. "nor cause unreasonable soil erosion": The primary concern
of the Board with respect to this criterion is to control soil erosion
on the project site during and after construction. Numerous Board
orders were conditioned to provide for this, including design specif-
ications for the constr'uction of rip-rap and seawalls, surface water
diversion methods during the construction phase, and requirements for
reseeding and fertilizing exposed areas after construction. This
criterion was also relied on to preserve natural beach areas in two
cases.

In a relatively few cases the Board also concerns itself with
possible erosion impacts beyond the site itself. In one case
(No. 03-4231, 6/28/78) an application was denied, in part, because
the proposed fill "could lead to stream currents causing erosion
and scour both adjacent to the bulkhead and downstream in the area
of the beach." A second application (No. 03-4201, 4/12/78) was
approved "provided the seawall is constructed in the same location
as the previously existing wall to eliminate a concentration of
wave energy on the properties to the north."

c. "nor unreasonably interfere with the natural flow of any
waters": In several cases permit conditions requiring that wetlands
no6t be filled were based, in part, on this criterion. This standard
has also been interpreted to require that construction does not prevent
the natural movement of fish. For example, one application (No. 03-4276,
6/14/78) was approved with the condition that a proposed culvert be
placed on an elevation that allows passage of fish and that the proposed
rip-rap match the exiting stream bed elevation.

d. "nor unreasonably harm wildlife or freshwater, estuarine, or
marine fisheries": This criterion has been interpreted as requiring
the restriction of development that would destroy productive salt marsh
and other critical habitat areas. Four of the Board orders reviewed
were denials of applications to fill extensive salt marsh areas.
Another application (No. 03-4231, 6/28/78) was denied on the ground
that the proposed fill would "eliminate approximately 6,175 square
feet of subtidal area which is a valuable spawning area for the
rainbow smelt."

-32 7

This criterion was also relied on to requi re that construction
activities be timed so as to avoid seasonal fish runs (No. 03-4065,
12/28/77), (No. 03-4108, 2/8/78), and bird nesting seasons (No. 03-
4189, 3/22/78).

The protection of clam beds is also subsumed under this criterion.
A variety of permit conditions are frequently imposed to insure that
construction activities do not disturb or fill clamming areas. In one
case (No. 03-4282, 6/14/78.), an applicant was required to restore
clam beds by routinely maintaining a culvert to insure that debris
is removed, thus preventing any unnatural impoundment of water above
the culvert. Several orders included conditions barring the taking
of any fill material from the subtidal areas in order to protect
this valuable habitat.

e. "1nor lower the quality of any waters": This criterion insures
that activities in wetlands will not result in the deterioration of
coastal water quality. Several projects were approved under this
standard with the specific proviso that the applicants comply with
the specifications of waste water discharge licenses issued by the
Department of Environmental Protection. In the one case involving
dredge spoil disposal (No. 03-4090, 2/8/78), the applicant was
required to submit a bottom sediment analysis to insure that dredged
material is not already contaminated. In another case (No. 03-4039,
11/30/77) project approval was denied, in part, because there was a
"reasonable assurance" that silt from the proposed fill site would
lower water quality.

328

hiniructrions Maine Dept. of Environmental Protection I -,PLICATION' NO._______
Bureau at Land Quality Control
WETLANDS APPLICATION State HoUse
Augusta, Maine 04333
Telephone: 28B-21111

1. Fill Oiut the application competeley~ Incomplete application, will be returned.

2. Obtain the appropriate USGS topographic map (available at most sporting goods, book, APPLICATION FOR WETLAND)S ALTERATION, rERMIT
hardware, stationery slorrts. e ri Itidicetle loctio IO,611Of your project onl the map, and attach it (38 MRSA � 4741
to thle application.

3. Publish a copy of the Public Notice (last page of this application) in the legal notice section of a AND
niewspaper circulated iii thwaea t ,uea the protitct is located.
WATER QUALITY CERTIFICATI-0N
4. Send a copy of ftie NOtTICF lorm attached to this application to the owners of property (P.L. 92-500)
abutting file lard upoti which ti IfProte,,: s located~ Their names and addresses can be obtained
from town tax maps or local public officials (See item 161

5. The applicant shall send a copy of this application, together with all exhibits, to the municipal PLEASE TYPE OR PRINT
offices. If tile land does not lie within an or~jaqized municipality, the applicant shall send a copy N____o_____-nl
rif tfil,~ ,itpticiririrr. irviI'Atlii.V'ti If ~i litt, to h~e p1 lice of tile Counity Commissioners. TheNim'fAli.at- -
applicant shrill aiso send a copy of the NDI ICE attached to this application to the Chairman of Ad~iC,. ________
the I'larining Board, if any. and tIle chief roonicipal officer, it any.

6. Applicant will provide one photograph of the wetland area involved.TephnNuer -
Local Contact (Name & Tel No _________

NOTE

Be sure to seiid your application well in advance of the date on which you plan to start the protect. Location of Activity
Proce-6irig may reijtire 30 to 45 days Strpet or Houts No. ___

11,Ni~lands permits require approval of the Department of Environmental Protection. All permitsfaniiaiyoTwsip
issvJund Cli this statute wijl expire three (31 ears fhorn date of issuance. M u c i a t yoTwnhp

Trie activity which you proposep may i.,so reiuire a U S. Army Corps of Engineers permit. To Cournty-
dstelmine Iris you shoild write to 1,ne U S Army Corps of Engineers, Trapeloi Road, Waltham.
Mla,. The tic-phon,, number is 61 7.894-2400.

The activity which you propose may require local, federal or other state permits. Any dredging, fill
or other construction or alteration below mean low water mark requires an easement or conveyance
from the Department of Conservation, Bureau of Public Lands. This will be taken care of
automatically upon receipt of Your application. yblijii plcto h phatctllisia ehs()pi~~e htobi ner

The Department does not require that tire application or plan be Prepared by professionals. ah onewsnIproperlyicuabtedingteae th~eS (lip uproniicllthpet is located. 13) saul a copyy of then: atr o
-oucarps epriencqidiaestta r.sos dieadasitnei epu nepdtn public notice form to the fuele municipal officei and chairman of the mun~cipcl planning board,
your request. ~~~~~~~~~~~~~~~~~~~~~~~~~and 141 sent a duplicate of this application to the municipal office.

APPLICANT'S NAME

DATE:

fit other INSO .lnni aiacr, iiOf agntaih-1 ,Oi

IF APPLICANT IS A CORPORATION ATTACH )
3/7 CERTIFICATE OF GOOD STANDING FROM THE SECRETARY OF STATE OF MAINE.

PROJECt SUMIMARY -WETLANDS ACT & CERTIFICATION
8. Description of present use of the adjacent vetland:

TO lE FILLED IN BY DEP
Applicant:
9. List power equipment to be used in construction of the project:
City/Town: County:

Name of Project:

Project No.:
10. Submit a scale drawing of the coastal welland to be affected by the ploij.ct, which shows the
preoect in detail, the landowner's property boundary lines, the low-water mark TIna high.wrter
mark For your convenince, sampie sketches and blank gra;ph paper are attached. ApptiC'nts
may suhmit larger drawings or blupirmnts. but if they exceed 8'/;" X 11" eleven sc, ,is are
1. Description of Project: required.

11. State, in detail, the mea.sures you propose to take to protect the surrounding area fron the
adverse affects of your project:

12. It this project is part of a larger project describe below:
2. Attach copy of deed, lease, purchase agreement, or other legal document establishing title, right
or interest of applicant in the site.

3. Length of shoreline on the coastal wetland owned or controlled by the applicant.

4. Indicate nature of shoreline and tidal area (grassy. mud, rock, etc.) 13. If dredging or filling indicate number of cubic yards:

14. Indicate location for deposition of dirdged material:

5. Check below any other permits required for the project. Indicate with an asterisk (*) those 15. Detailed directions for finding the si1e. (Incljde sketch map.)
permits already obtained.

U.S. Army Corps of Engineers (Tidai Waters) O

Waste Discharge (DEP) ' 0

Other (Explain) D
16. The applicant shall set forth below the names and addresses of the owners of abutting propertv.
by signing this application the applhcant certifies that he has provided each with a copy of the
notice similar in form to that which is attached to this application.
6. Actual physical dimensions of project:
NAME ADDRESS
Length (0IOr into wetland):

Width (Along shore):

Heirht:

7. Description of present use of the wetland:

NO TE. Us this form oron containing identical inforiaahon Applicant's Name: Example Cottafje Description
:Blue rooif
Scale: *Gray siding9

NOTICE Date' 'Brown shutters
(To owners of abutting proerty'. municipal official.% and Iscwspapsers) O V R E D I E

Plest i.4. mlul., -!iiji ______NAME OF ABUTTER UA

f~~~~~~dd,.st .1 A~~~~~~~~~~~~~~~~~~~~~~~~~~~
is filing an application for a Wetlands Alteration Peimit with the Maine Department of Environ-
mental Protection pursuant to the Provisions of 38 MRSA. Section 474 and P.L 92-500 to
cc Usotae ,~ii
lSiai, 1P.c6icai-wi1iV r b. don.l )

U.1~~~~~~~~~~1c

in, on or uiidoi .1 ria~.l wveliflod located iii the town of

AA Tli ppircaton will be filed foi public inspection at the Department's Of~fice in Augusta and at the . Shoreline ---

... High Water Mark .. Propeny Lines

Low Water Mar% Locate the Proppsed Project DI Your Site Plan,

SIDE VIEW

Wi'iter cz~mments from any interested person must be sent to the Department of Environmental
Protection within 14 days of filing of the application to receive consideration. information Requireld
On Drawings

1. High Water Mark
2. Low Water Mark
3. Dimensions
4. Property Linot tutr
S. Property Owners Nilmels
6. Existing StructuresihatrMr
7. Location of Project HgwtrMr

LwWater Mark
ocean Bottom

F4a

TITLE 12
CiLI'TiEK 424
IANDATORY ZONING A';D St' DIVISION CONfROL

� 4811. Shoreland areas
of81 1rs2. Prior to July I, 1974. Prior to July 1, 1974 each munieipality shall
To aid in the fulfillment of the state's role as trustee of its have:
waters and to promote public health, safety and the general wel- A. Prepared a comprehensive plan adequate to comply with the re-
fare, it is declared to be in the public interest that shoreland secton and this chapter and notified the
areas defined as land within 2g0 feet of the normal hiah water
areas defined as land Bithin 250 feet of the norm hih water . Adopted shoreland protection. subdivision and zoning ordinances
mark of any pond, river or salt water body be subjcted to zon- adequate to comply with the requirements of this chapter for sboreland
ins and subdivision controls. The purposes of such controls shall protection and flied a copy of said ordinances with the State Planning
be to further the maintenance of safe and healthful conditions; Ot
prevent and control i'atler pollution; protect spawning g-rounds, the Department of Inland Fisheries and Game stall, prior to January 1,
fish, aquatic life, bird and other wildlife habitat; control build- 1973, Identify all of those areas in municipalities which it finds to be areas
ing sites, placement of structures and land uses: and conserve of moderate to high waterfowl breeding areas. Any or all areas within a
shore cover, visual as well as actual points of access to inland municipality which are subject to nonmunlcipal zoning controls may be ex-
hore cover, visual as well as actual points of access to inland empted from the operation of this section upon a finding by the Bureau of
and coastal waters and natural beauty. Environmental Protection and the Maine Land Use Regulation Commission
that the purposes of this chapter have been accomplished by such noanm-
nicipal zoning.

� 4811-A. Definitions
For purposes of this chapter, pond shall include any inland . -_
body of water which has a surface area in excess of 10 acres,' 4812- Requirements
In addition to controls reluired by this chapter. municipalities may adopt
except where such body of water is man-made and in addition is zoning and subdivision controls applicable to other bod ies of water as re-
completely surrounded by land held by a single owner, and except quired to protect the public health, safety and welfare and further the pur-
those privately owned ponds which are held primarily as water- poses of this chapter
fowl an u and fishing. A river breedZoning ordinances adopted pursuant to this chapter shall be pursuant to
fow, and fish breeding areas or for hunting and fishing. A river and consistent with a comprehensive plan.
is defined as any free flowing body of water from that point at
which it provides drainage for a watershed of 25 square miles to
its mouth. The State Planning Offide shall prepare and publish the existence of a zoning ordinance for all of the land and nd water area with-
a list of such rivers for the use of the municipalities no later than in a mnlicipailty, despite the provisions of Title :W., section 4912 to the con-
November 1973. trary, It being the Intention of the Legislature to recogni.e that it is tea-
sonable for municipalities to treat specially with shoreland areas and to
choose to Immediately zone around water bodies rather than to wait until
such time as It enacts zoning orlinnnces for all of the land within Its
boundaries. However, the provisions of ordinances, which zone shoreland
I 4812. Municipal control areas only, must relate solely to measures necessary to protect and enhance
Cities and towns pursuant to presently existing enabling legislation are water quality, preserve and enhance the aesthetics of water bodies and views
authorized to plan, zone and control the subdivision of land. Witb respect therefrom, protect shoreland areas from erosion, protect and preserve that
to the shoreland areas defined In section 4811, cities and towns, hereafter vegetation and wildlife which is more Indigenous to shorcland areas than
called municipalities, shall adopt zoning and subdivision control ordinances areas not associated with water bodies, avoid the problems associated with
according to the following schedule. floodplain development and use and to encourage and Insure the Integrity of
I. Prior to July 1, 1973. Prior to July 1, 1973 the municipal officers of points of access to water bodies.
each city or tovwn shall have appointed an appropriate municipal body with Any other law notwlthstanding, when a zoning ordinance adopted In con-
responsibility for preparing such ordinances as are necessary for ompli- ormance with this section requires a written report of soil suitability for sub-
ance with this chapter and shall certify such appointment to the State Plan - surface waste disposal or commercial or industrial development, such report
ning Office. shall be prepared and signed by the person who has made the evaluation of
soil properties Persons qualified to prepare such reports shall be persons
certified by the Department of Health and Welfare, Including: fMaine State
Certified Soil Scientists, Maine Registered Professional Engineers. Maine
State Certified Geologists and other persons who have training and experl-
ence specifically In the recognition and evaluation of soil properties and can
provide proof of such training and experience in a manner specified by the
department. The Department of Health and Welfare may promulgate rules
and regulations for the purpose of establishing training and experience s ad
ards required by this paragraph.

332

� 4812-8. Federal flood Insurance
In addition to controls required by this chapter, municipalities may extend
or adopt zoning and sudivision controls beyond the limits established by
this chapter In order to protect the public health. safety and welfare and to
avoid problems associated with flood plain development.
Zoning ordinances adopted or extended pursuant to this section shall be
pursuant to ar:d coniistent with a comprehensive plan.
Zoning ordinances adupted or extended pursuant to this section need not
depend upon the existence of a zoning ordinance for all of the land and
water area within a municipality. dtespite the provisions of Title 30. section
4962 to the contrary. provided such ordinances are required for entrance of
the municipality into the Federal Flood Insurance Program. Ordinances
or amendments adopted by autlhority of this section shall not extend beyond
an area greater than that nmcessary to comilly witll the requirements of the
Federal Flood Illsurance Program.

i 4813. Municipal failure Io accomplish purposes
If any nmunicipility fails to adopt ordinances as required by section 4182 t
for shoreland areas as defined in section 41ll or If the Board of Environ-
mlental Protection aild the M[aine Land Use Ilegnlation Commission determine
that particular municipal ordinances because of their laxity and permissive.
ness do not adequately prevent and control water pollution. protect wildlife
habitat, conserve shore cover or otherwise tail to accomplish the purposes
outlined in section 4811, the Department of Environmental Protection and
the Maine Lund Use tRegulation Commission shall, following consultation
with the State Planning Office. with resplwct to these shoreland areas. adopt
suitable ordinances for these municipalities, which ordinances the respective
municipalities shall then administer and enforce. The Department of En-
vironmental Protection and the lMaine Land Use Regulation Commission
shall with respect to these shoreland areas adopt said suitable ordinance by
January 1, 19T6.
The Department of Environmental Protection and the Maine Land Use
Regulation Commission, acting pursuant to the administrative direction of
the State Planning Office, shall by December 15, 1073 adopt minimum guide-
lines for the protection of shorel;hod areas reflecting considerations of pre-
venting and controlling water pollution, protecting spawning grounds, fish,
aquatic life, bird and other wildlife habitat, location and size of structures
and signs and conserving shore cover. Tile Incorporation of such guidelines
Into a municipal[ regulatory ordinance shall be deemed sufficient to meet the
requirements of this section.
I Probably should read 4"812".

{ 4814. Cooperation; enforcement
The Board of Environmental Protection and the Maine Land Use Regu-
lation Commission, municipalities and all state agencies shall mutually co-
operate to accomplish the objectives of this chapter. To that end, the board
and the commission shall consult withl the governing bodies of municipalities
and to whatever extent necessary with other state agencies to secure voluntary
uniformity of regulations, so far as practicable, and shall extend all pos-
sible assistance therefor. The State Planning Office shall be responsible for
coordinating the efforts and responsibilities of the Board of Environmental
Protection and the Malne Land Use Regulation Commission acting pursu-
ant to this chapter.
If a municipality fails to administer and enforce zoning ordinances adopted
by It or the State. pursuant to the requirements of this chapter, the Attorney
General shall seek an order of the Superior Court of the county in which
the municipality lies, requiring the municipal officials to enforce such zon-
ing ordinance. The Attorney General shall be made a party to all civil and
criminal actions in which the pleadings challenge the legality of any ordinance
or portion thereof adopted pursuant to the guidelines promulgated under sec-
tion 4813.

333

F4b

STATE OF MAINE
GUIDELINES FOR MUNICIPAL
SHORELAND ZONING
ORDINANCES

DECEMBER 15,1973

Adopted by the Board of Environmental Protection and the Land Use
Regulation Commission Pursuant to the Administrative Direction of
the State Planning Office.

334

I ,NTRODUJCT ICtO

The guidelines contained in rhe following pages were adopted by the Board of Environmental
Protection (BEP) and the Land Use Regulation Commission (LURC), pursuant to the mandatory
shoreland zoning and subdivision control act, Title 12 M.R.S.A. Sections 4811-4814, under
the adminisrrative direction of the State Planning Office.

Implementation of shorelzrnd Zoning would best be fulfilled by intensive examination and
consideration of conditions at the Iccal level by municipal officers and planning boards,
with a maximum of citizen input. Recognizing the burden this may place on towns which
have limited experience in planning or full-time personnel, 8EP and LURC, under the
direction of the State Planning Office, have prepared these guidelines in model ordinance
form. A municipality could adopt this guideline ordinance to govern the 250-foot shoreland
area. The reasons for putting the guidelines in ordinance format are:

1) The ordinance fcrmart is comparatively simple, relative to other alternatives;

2) It gives communities a clear and decisive indication of what the State expects
in local ordinances, as well as the ordinance which would be imposed if a
municipalit,, failed to act; and

3) Towns which have had relatively little experience with ordinances can
concentrate more heavily on the map portion of the ordinance, which inctudes
dividing the shoreland area into the various districts.

The guidelines ordinance is the minimum ordinance that will be acceptable to the State in
terms of fulfilling the purposes of the laow. Communities may adopt more stringent ordinances,
or ordinances which are completely different from the guidelines provided that such ordinances
are equally or more effective in achieving the purposes of the law. Communities may want
to go beyond the minimum, and are encouraged to do so. Examples of desirable provisions
which could be added to the guidelines ordinance include:

1) A section on fees, to cover the costs of any hearings that may become necessary;

2) A list of conditions thct could be attached to permits (see Section 12 B. 7, page 12);

3) A section on conflicts between the guidelines ordinance and any other ordinance,
law, or regulation, stating that, where conflicts exist, the more stringent
provisions would apply (such a provision would cover any future differences
between the sanitary standards, Section 11 (J), page 7, and the State Plumbing
Code, which is currently being revised); and

335

4) A requirement that a report be prepared by a Registered Professional Engineer,
relating to such soil properties as bearing strength, subsidence, and slope
stability, for proposed commercial, industrial, or other intensive land uses
(see Section 11 (L), page 9).

The State Planning Office-Southern Maine Regional Planning Commission Model Zoning
Ordinance, and the Extension Service Model Zoning Ordinance, are good examples of
models that contain some of the above provisions, as well as additional provisions which
are not directly related to the purposes of the law, but which would improve the overall
effectiveness of the local ordinance.

While the guidelines ordinance is a minimum ordinance, allowances will be made for
changes aimed at fitting local conditions. For example, many communities may choose to
establish several districts in place of or in addition to the 3 contained in this ordinance.
The following are examples of additional changes that would be permissible, if justifiable
reasons for such changes were submitted in writing to the State Planning Office. These
changes would be subject to review by the BEP and LURC.

1) Permits could be issued by a board of appeals, rather than the planning board,
particularly in those instances where a community did not have a planning
board prior to September 23, 1971, and had not established one by ordinance
or under charter provisions since that time.

2) Cities with substantial development in the flood plain may choose to establish
flood proofing provisions, rather than to prohibit any additional construction
or reconstruction in a flood plain area already committed to development.
Communities with no Flood plain area (ii.e., no rivers which require shoreland
zoning) may choose not to include flood plain standards in their ordinances.

3) Coastal communities may choose to maintain the existing character of harbor
villages by not requiring a set-back, or permitting structures to be built
upon wharves (this could be accomplished by putting such areas in a general
development district, where the set-back provision does not apply, or by
establishing a harbor district or similar district specifically designed for such
areas).

4) Waterfront communities along the coast and on major rivers may choose to reduce
the minimum lot requirement for areas served by public sewers, to allow planned
unit developments or an apartment complex in limited areas where density
already exceeds the lot standards for these sewered areas.

5) The wording of various sections of the ordinance may be changed if the modified
version is equally effective in fulfilling the purposes of the law.

Additional questions concerning these guidelines may be directed to your regional planning
commission, your municipal lawyers, the State Planning Office, or the Maine Municipal
Association.

336

Shoreland Zoning Ordinance for the Town of

* ~Section I1. Purposes

The purposes of this Ordinance are to further the maintenance of safe and heal'thfulI
conditions; prevent and control water pollution; protect spawning grounds, fish,
aquatic life, bird and other wildlife habitat; control building sites, placement of
structures and land uses; and conserve shore cover, visual as well as actual points
of access to inland and coastal waters and natural beauty.

Section 2. Applicability

The Ordinance applies to all land areas within 250 feet, horizontal distance, of
the normal high water mark of any pond, river or salt water body as defined.

Section 3. Effective Date

The effective date of this Ordinance is .A certified copy of
this Ordinance shall be filed with the County Register of Deeds, according to the
requirements of State low.

Section 4. Validity and Severability

Should any section or provision of this Ordinance be declared by the courts to be
invalid, such decision shall not invalidate any other section or provision of this
Ordinance.

Section 5. Amendments

This Ordinance may be amended by a majority vote of the governing body. The
State Planning Office shall be notified by Certified Mail, of amendments to this
Ordinance, prior to the effective date of such amendments. A file of return receipts
from such mailings shall be maintained as a permanent record.

Section 6. Districts and the Zoning Map

The areas to which this Ordinance is applicable are hereby divided into the following
districts as shown on the Official Shoreland Zoning Map:

1. Resource Protection District

2. General Development District

3. Limi ted Residential-Recreational District

The Official Shoreland Zoning Map, and all future amendments thereto, is hereby
0 ~ ~made part of and incorporated into this Ordinance.

3 37

zection /. Interpretation of District Boundaries

Unless otherwise set forth in the Official Shoreland Zoning Map, District boundary
lines are property lines, the centerlines of streets, roads and rights of way, and the
boundaries of the shoreland area as defined herein. Where uncertainty exists as to
exact location of District boundary lines, the Board of Appeals shall be the final
authority as to location.

Section 8. Non-Conforming Uses

A. Any lawful use of building, structures, premises, land or parts thereof existing
at the effective date of this Ordinance or amendments thereto and not in con-
formance with the provisions of this Ordinance shall be considered to be a non-
conforming use.

B. Any non-conforming use may continue and may be maintained, repaired and
improved. No such non-conforming use may be expanded, changed to another
non-conforming use, or renewed after it has been discontinued for a period of
12 calendar months or more, without a permit from the Planning Board in accor-
dance with the provisions of Section 12-B subsection 6, paragraphs a-i of this
Ordinance.

C. Any non-conforming lot of record existing before the effective date of this
Ordinance and not adjoined by other land of the same ownership may be used
in accordance with State law and section 10 of this Ordinance.

Section 9. Criteria for Establishing Districts

A. Resource Protection District

The Resource Protection District includes areas in which development would
adversely affect water quality, productive habitat, biotic systems, or scenic
and natural values. This district shall include:

1. Inland or coastal wetlands as defined in Section 13, and specifically areas
rated as moderate to high-value waterfowl areas by the Department of Inland
Fisheries and Game, as of January 1 , 1973.

2. Flood plains as defined by the 100 year flood or the flood of record or, in
the absence of these, by soil types identifiable as recent flood plain soils.

3. Areas having sustained slopes greater than 25%, or unstable soil subject to
slumping, mass movement, or severe erosion, when these areas are two acres
or more in size.

This District may also include:

4. Other significant wildlife habitat;

5. Natural sites of significant scenic or esthetic value.

6. Areas designated by Federal, State or municipal governments as natural areas
of significance to be protected fror. development; and
338

the purposes of this Ordinance.

B. General Development District

The general development district includes the following types of areas:

1. Areas of two acres or more devoted to intensive residential, recreational,
commercial or industrial activities or combinations of such activities,
including, but not limited to:

a. Transportation rights of way;
b. Communication and utility rights of way;
c. Areas used for the extraction or processing of mineral resources;
d. Areas devoted to: manufacturing, fabricating, wholesaling, warehousing
or other commercial activities;
e. Areas devoted to retail trade and service activities;
f. Argos devoted to intensive recreational development and activities;
g. Areas devoted to residential dwelling units at a density of 3 or more per
two acres.
h. Areas devoted to mixed or combined patterns of a through g above.

2. Areas otherwise discernable as having patterns of intensive residential,
recreational, commercial, or industrial uses.

C. Limited Residential-Recreational District

The Limited Residential-Recreational District includes areas other than those
included in the Resource Protection District, and which are used less intensively
than those included in the General Development District.

Section 10. Uses

Land Uses permitted in each District, in conformance with the land use standards of
this Ordinance, are shown below:

DISTRICT

Resource Limited General
Land Uses Protections Residential- Development
Recreational

1. Non-intensive recreational uses
not requiring structures, such as
hunting, fishing and hiking yes yes yes
2. Motorized vehicular traffic on
roads and trails, and snowmobiling yes yes yes

339

DISTRICT- cont'd

Resource Limited General
Land Uses Protection Residential- Development
Recreational

3. Forest management activities
except for timber harvesting yes yes yes
4. Timber harvesting * CEO permit yes yes
5. Fire prevention activities yes yes yes
6. Wildlife management practices yes yes yes
7. Soil & water conservation practices yes yes yes
8. Mineral exploration * yes yes yes
9. Surveying and Resource analysis yes yes yes
10. Emergency operations as defined yes yes yes
11. Harvesting of wild crops yes yes yes
12. Agriculture * PB permit yes yes
13. Principal structures *
Residential dwelling units no PB permit PB permit
Commercial structures no no PB permit
Industrial structures no no PB permit
14. Structures accessory to permitted
uses CEO permit CEO permit yes
15. Road construction * PB permit yes yes
16. Small non-residential facilities
for educational, scientific or nature
interpretation purposes PB permit yes yes
17. Public and private parks and
recreation areas involving minimal
structural development PB permit yes yes
18. Campgrounds no ' PB permit PB permit
19. Piers, docks, wharves, breakwaters,
causeways, marinas, bridges over 20 ft.
in length, and uses projecting into water
bodies.
Temporary CEO permit CEO permit CEO permit
Permanent PB permit PB permit PB permit
20. Clearing for approved construction CEO permit yes yes
21. Essential services accessory to
permitted uses yes yes yes
22. Private sewage disposal systems no CEO permit CEO permit
23. Public utilities, including sewage
collection & treatment facilities PB permit PB permit PB permit
24. Signs * yes yes yes
25. Filling or other earth-moving
activity of less than 10 cubic yds CEO permit yes yes
26. Filling or other earth-moving
activity of more than 10 cubic yds PB permit CEO permit CEO permit
27. Uses similar to permitted uses CEO permit CEO permit CEO permit
28. Uses similar to uses requiring
a CEO permit CEO permit CEO permit CEO permit
29. Uses similar to uses requiring a
PB permit PB permit PB permit PB permit
340

Section 11. Land Use Standards

All land use activities shall conform to the following applicable land use standards:

A. Agriculture

1. All spreading or disposal of manure shall be accomplished in conformance
with the "Maine Guidelines for Manure and Manure Sludge Disposal on
Land" published by the University of Maine and the Maine Soil and Water
Conservation Commission, in July 1972 or subsequent revisions thereof.

2. There shall be no tilling of soil within 50 feet of the normal high water
mark of any lake or pond whose shorelands are covered by this Ordinance.

3. Where soil is tilled in'a Resource Protection District, or where soil in
excess of 20,000 sq. ft. lying either wholly or partially within the area
covered by this Ordinance is tilled in a General Development District or
a Limited Residential-Recreational District, such tillage shall be carried
out in conformance with the provisions of a Conservation Plan which meets
the standards of the State Soil and Water Conservation Commission, and is
approved by the appropriate Soil and Water Conservation District. The
number of the plan shall be filed with the Planning Board. Nonconformance
with the provisions of such Conservation Plan shall be considered to be a
violation of this Ordinance.

B. Beach Construction

Beach construction on any great pond or coastal wetland shall require a permit
from the Department of Environmental Protection. Beach construction on any
river, stream, or brook capable of floating watercraft shall require approval from
the Commissioner of the Department of Inland Fish & Game, as required by law.

C. Campgrounds

Campgrounds shall conform to the minimum requirements imposed under State
licensing procedures and the following:

1. Camping areas shall contain a minimum of 5,000 square feet of suitable land,
not including roads and driveways, for each site.

2. The area intended for placement of the recreational vehicle, tent, or shelter
and utility and service buildings, shall be set back a minimum of 75 feet from
the normal high water mark of any pond, river, or salt water body as defined.

D. Clearing

Clearing of trees and conversion to other vegetation is permitted for approved
construction and landscaping. Where such clearing extends to the shoreline, a
cleared opening or openings not greater than 30 feet in width for every 100 feet
of shoreline ( measured along the normal high water mark) may be created in the

341

strip extending 50 feet inland from the normal high water mark and paralleling
the shoreline. Where natural vegetation is removed, it shall be replaced with
other vegetation~that is equally effective in retarding erosion and preserving
natural beauty.

E. Erosion and Sedimentation Control

Filling, grading, lagooning, dredging, earth-moving activities, and other land
use activities shall be conducted in such manner to prevent to the maximum extent
possible, erosion and sedimentation of surface waters. To this end, all construction
shall be accomplished in conformance with the erosion prevention provisions of
"Environmental Quality Handbook Erosion and Sediment Control", published by
the Maine Soil and Water Conservation Commission.

F. Mineral Exploration

Mineral exploration to determine the nature or extent of mineral resources shall
be accomplished by hand sampling, test boring, or other methods which create
minimal disturbance. A permit from the Planning Board shall be required for
mineral exploration which exceeds the above limitations.

G. Piers, Docks, Wharves, Breakwaters, Causeways, Marinas, Bridges over 20 feet
in length, and Uses Projecting into Water Bodies.

In addition to federal or state permits which may be required for such structures
and uses, they shall conform to the following:

I1. Access from shore shall be developed on soils appropriate for such use and
constructed so as to control erosion.

2. The location shall not interfere with developed beach areas.

3. The facility shall be located so as to minimize adverse effects on fisheries.

4. The facility shall be no larger in dimension than necessary to carry on the
activity and be consistent with existing conditions, use, and character of
the area.

H. Residential Lot Standards

1. Lots shall meet or exceed the following minimum requirements:

Without Sanitary Sewers With Sanitary Sewers

20,000 square feet 10,000 square feet

2. If more than one residential dwelling unit is constructed on a single parcel,
the minimum lot size requirement shall be met for each additional dwelling
unit.

34 2

3. A lot abutting a lake, pond, river, stream or tidal water shall have a
minimum shore frontage of 100 feet, measured in a straight line between
the points of intersection of the side lot lines with the shoreline at
normal high water elevation.

4. Structures shall not cover more than 20% of any lot.

I. Road Construction

1. Roads shall be located, constructed, and maintained in such a manner that
minimal erosion hazard results. Adequate provision shall be made to prevent
soil erosion and sedimentation of surface waters. All roads shall be located,
constructed and maintained in conformance with the erosion prevention pro-
visions of "Permanent Logging Roads for Better Woodlot Management" published
by the Division of State and Private Forestry, Forest Service Northeastern Area,
U.S. Department of Agriculture in 1973 or subsequent revisions thereof.

2. Additionally, all roads constructed shall conform with the following standards:

a. Road crossings of watercourses shall be kept to the minimum number
necessary;
b. Bottoms of culverts shall be installed at streambed elevation;
c. All cut or fill banks and areas of exposed mineral soil shall be revegetated
or otherwise stabilized as soon as possible; and
d. Bridges or culverts of adequate size and design shall be provided for all
road crossings of watercourses which are to be used when surface waters
are unfrozen. The requirement for a bridge or culvert may be waived by
obtaining a permit from the Planning Board.

J. Sanitary Standards

1. Subsurface Sewage Disposal

A. Soil Conditions

1. All subsurface sewage disposal systems shall be located in areas of
suitable soil of at least 1,000 square feet in size.

2. All subsurface sewage disposal systems shall be located in soils
having characteristics allowing them to be rated as having "slight"
or "moderate" limitations for the proposed use in the current
"Statewide Set of Maine Soil Descriptions and Interpretations"
published by the U.S. Department of Agriculture, Soil Conservation
Service.

3. The determination of soil suitability shall be based on a soils report
prepared by a State-certified soil scientist or geologist, based on an
on-site investigation and soil observation to a minimum depth of five
feet. Suitability considerations shall be based primarily on criteria
employed in the National Cooperative Soil Survey as modified by
on-site factors such as depth to water table and depth to refusal.

343

B. Setbacks

The minimum setback for underground sewage disposal facilities from
the normal high water mark of a waterbody shall be no less than 100
horizontal feet. Where daily sewage flow exceeds 2,000 gallons, the
minimum setback shallI be 300 feet from any shoreline. All other set-
back requirements of the State Plumbing Code shall be met in full.
Setbacks from shorelines for all subsurface sewage disposal facilities
shall not be reduced by variance.

2. Privies

Privies may be permitted in areas not served by community sewer facilities
under the following conditions:

A. No plumbing of any kind shall be connected to or discharged into the
privy pit.

B. The privy shall be located at a minimum horizontal distance of 100 feet
from the normal high water mark of a waterbody.

C. The bottom of the privy pit shallI be at least two feet above bedrock and
the ground water table at its highest point during the year or have a water-
tight vault.

D. Privies shall not be permitted on recent flood plain sails.

3. Other Systems

Other systems of sanitary waste disposal may be permitted after approval by
the Maine Department of Health and Welfare, and after a permit has been
issued by the Planning Board.

K. Signs

The following provisions shall govern the use of signs in the Resource Protection
and Limited-Residential-Recreational Districts:

1. Signs and billboards relating to goods and services sold on the premises shall
be permitted, provided such signs shall not exceed six (6) square feet in area,
and shall not exceed two (2) signs per premises. Billboards and signs relating
to goods and services not rendered on the premises shallI be prohibited.

2. Name signs shall be permitted, provided such signs shall not exceed two (2)
signs per premises.

3. Residential users may display a single sign not over three (3) square feet in
area relating to the sale, rental, or lease of the premises.

344

4. Signs relating to trespassing and hunirng shall be permitted without restriction
as to number provided that no such sign shall exceed two (2) square feet in area.

5. No sign shall extend higher than twenty (20) feet above the ground.

6. Signs may be illuminated only by shielded, non-flashing lights.

L. Soils

1. All land uses shall be located on soils in or upon which the proposed uses or
structures can be established or maintained without causing adverse environ-
mental impacts, including severe erosion, mass soil movement, and water
pollution, whether during or after construction. Proposed uses requiring
subsurface waste disposal, and commercial or industrial development and
other similar intensive land uses, shall require a soils report, prepared by a
State-certified soil scientist or geologist based on an on-site investigation.
Suitability considerations shall be based primarily on criteria employed in
the National Cooperative Soil Survey as modified by on-site factors such as
depth to water table and depth to refusal.

M. Structures

1. All principal structures in the Resource Protection and Limited Residential-
Recreational Districts shall be set back at least 75 feet from the normal high
water mark of any pond, river, or salt water body as defined.

2. The first floor elevation or openings of all buildings and structures shall be
elevated at least two feet above the elevation of the 100 year flood, the flood
of record or, in the absence of these, the flood as defined by soil types
identifiable as recent flood plain soils.

N. Timber Harvesting

1. No substantial accumulation of slash shall be left within fifty (50) feet of the
normal high water mark of any pond, river, or salt water body as defined. At
distances greater than fifty (50) feet from the normal high water mark of such
waters and extending to the limits of the area covered by this Ordinance, all
slash shall be disposed of in such a manner that it lies on the ground and no
part thereof extends more than four feet above the ground.

2. Skid trails, log yards, and other sites where the operation of logging machinery
results in the exposure of substantial areas of mineral soil shall be located such
that an unscarified filter strip is retained between the exposed mineral soil and
the normal high water mark of any pond, river, or salt water body as defined.
The width of this strip shall vary according to the average slope of the land as
fol lows:

345

Average Slope of Land Width of Strip Between
Between Exposed Mineral Exposed Mineral Soil and
Soil and Normal High Normal High Water Mark
Water Mark (percent) (Feet along Surface of the Ground)

0 25
10 45
20 65
30 85
40 105
50 125
60 145
70 165

3. Harvesting operations shall be conducted in such a manner and at such a
time that minimal soil disturbance results. Adequate provision shall be
made to prevent soil erosion and sedimentation of surface waters.

4. Harvesting operations shall be conducted in such a manner that a well-
distributed stand of trees is retained.

5. Harvesting activities shall not create single openings greater than seven
thousand five hundred (7,500) square feet in the forest canopy.

6. In any stand, harvesting shall remove not more than forty (40) percent of
the volume of trees in any ten (10) year period. For the purpose of these
standards, a stand means a contiguous group of trees, sufficiently uniform
in species, arrangement of age classes, and conditions, to be identifiable
as a homogeneous and distinguishable unit.

7. Timber harvesting operations not in conformance with 2, 4, 5, and 6 above
may be allowed by the Planning Board upon approval of a permit granted in
accordance with the provisions of Section 12-B subsection 6, paragraphs a-i
upon a clear showing by the applicant that such an exception is necessary
for proper timber management.

0. Water Quality Protection

No activity shall locate, store, discharge, or permit the discharge of any
treated, untreated, or inadequately treated liquid, gaseous, or solid materials
of such nature, quantity, obnoxiousness, toxicity, or temperature that run off,
seep, percolate, or wash into surface or ground waters so as to contaminate,
pollute, or harm such waters or cause nuisances, such as objectionable shore
deposits, floating or submerged debris, oil or scum, color, odor, taste, or
unsightliness or be harmful to human, animal, plant, or aquatic life.

Section 12. Administration

A. Creation of Administering Bodies and Agents. I

3 46

I1. Code Enforcement Officer

A Code Enforcement Officer shall be appointed by the Municipal Officers.

* ~~~2. Board of Appeals

There is hereby created the Board of Appeals of the Town of
pursuant to the provisions of State law.

B. Permits

I. Permits Required

After the effective date of this Ordinance no person shall engage in any use of
land requiring a permit in the district in which it would occur, or expand or
change an existing non-conforming use, or renew a discontinued nonconforming
use without first obtaining a permit.

2. Permit Application

Applications for permits shall be submitted in writing. The Code Enforcement
Officer or Planning Board may require the submission of whatever information
is necessary to determine conformance with the provisions of this Ordinance.

3. Plumbing Permit Required Prior to Buildinci Permit

No building permit shall be issued for any structure or use involving the
construction, installation or alteration of plumbing facilities unless a permit
for such facilities has been secured by the applicant or his authorized agent,
according to the requirements of this Ordinance.

4. Approval of Permits

Permits shall not be denied if the proposed use is found to be in conformance
with the provisions of this Ordinance. AllI permits shall either be approved
or denied within 60 days of receipt of a completed application, including allI
information requested.

5. Permits Issued by Code Enforcement Officer

The Code Enforcement Officer shall approve or deny those applications on
which he is empowered to act as shown in Section 10. Approval shall be
granted only if the proposed use is in conformance with the provisions of
this Ordinance.

6. Permits Issued by Planning Board

The Planning Board shall approve or deny those applications on which it is
empowered to act as stated in this Ordinance. The Planning Board may,
after the submission of a complete application including all information
requested, grant a permit if it makes a positive finding based on the

3 47

information presented to it that, except as specifically exempted in this
Ordinance, the proposed use:

a. Will not result in unsafe or unhealthful conditions,;
b. Will not result in erosion or sedimentation;
c. Will not result in water pollution;
d. Will not result in damage to spawning grounds, fish, aquatic life,
bird and other wildlife habitat;
e. Will conserve shoreland vegetation;
f. Will conserve visual points of access to waters as viewed from public
facilities;
g.Will conserve actual points of public access to waters;
h. Will conserve natural beauty;
i. WillI avoid problems associated with flood plain development and use;
and
j.Is in conformance with the provisions of Section I1I, Land Use Standards.

7. Conditions

Permits granted under this Section may be made subject to reasonable conditions
to ensure conformity with the purposes and provisions of this Ordinance.

C. Appeals and Variances

I1. Variances

A copy of all variances granted by the Board of Appeals shall be submitted to
the State Planning Office. The Board of Appeals may, upon written application
of the affected landowner, grant a variance from the strict application of the
Ordinance under the following conditions:

a. The strict application of the terms of this Ordinance would result in
undue hardship to the applicant;
b. The hardship is not the result of action taken by the applicant or a
prior owner; and
c. The Board of Appeals, based on clear and convincing evidence
presented to it, makes a finding that the proposed use would meet
the provisions of Section 12-B, subsection 6, paragraphs a-i.

A variance is authorized only for lot area, lot coverage by structures, and
setbacks. A variance shall not be granted to permit a use or structure
otherwise prohibited.

2. Appeals to Board of Appeals

The Board of Appeals may, upon written application of an aggrieved party and
after public notice, hear appeals from determinations of the Planning Board or
Code Enforcement Officer in the administration of this Ordinance. Such hearings
shall be held in accordance with State laws. Following such hearing, the Board
of Appeals may reverse the decision of the Planning Board or Code Enforcement
Officer only upon a finding that the decision is clearly contrary to specific
provisions of this Ordinance.

34 8

3. Appeal to Superior Court

An appeal may be taken within thirty days after any decision is rendered by
the Board of Appeals, by any party to Superior Court in accordance with
* ~~~~~State law.

D. Enforcement

1. Nuisances

Any violation of this Ordinance shall be deemed to be a nuisance,

2. Code Enforcement Officer

It shall be the duty of the Code Enforcement Officer to enforce the provisions
of'this Ordinance. If the Code Enforcement Officer shall find that any pro-
vision of this Ordinance is being violated, he shall notify in writing the
person responsible for such violation, indicating the nature of the violation
and ordering the action necessary to correct it, including discontinuance of
illegal use of land, buildings, structures, or work being done, removal of
illegal buildings or structures, and abatement of nuisance conditions. A
copy of such notices shall be maintained as a permanent record.

3. Legal Actions

When the above action does not result in the correction or abatement of the
violation or nuisance condition, the Municipal Officers, upon notice from
the Code Enforcement Officer, are hereby authorized and directed to institute
any and allI actions and proceedings, either legal or equitable, including
seeking injunctions of violations and the imposition of fines, that may be
appropriate or necessary to enforce the provisions of this Ordinance in the
name of the municipality.

4. Fines

Any person who continues to violate any provision of this Ordinance after
receiving notice of such violation shall be guilty of a misdemeanor subject
to a fine of up to $100.00 for each violation. Each day such a violation
is continued is a separate offense.

Section 13. Definitions

Terms not defined herein shallI have the customary dictionary meaning. As used in this
Ordinance, the following definitions shall apply:

Water Related Terms

A. Pond

Any inland body of water which has a surface area in excess of 10 acres,
except where such body of water is man-made and in addition is completely

34 9

surrounded by land held by a single owner, and except those privately owned
ponds which are held primarily as waterfowl and fish breeding areas or for
hunting and fishing.

B. River

Any free flowing body of water from that point at which it provides drainage
for a watershed of 25 square miles to its mouth.

C. Normal High Water Mark of Coastal Waters

That line on the shore of tidal waters reached by the shoreward limit of the
rise of the medium tides between the spring and the neap.

D. Normal High Water Mark of Inland Waters

That line on the shores and banks of non-tidal waters whic~h is apparent
because of the contiguous different character of the soil or the vegetation
due to the prolonged action of the water. Relative to vegetation, it is that
line where the vegetation changes from predominantly aquatic to predominantly
terrestrial (by way of illustration, aquatic vegetation includes but is not
limited to the following plants and plant groups - water lily, pond lily,
pickerelweed, cattail, wild rice, sedges, rushes, and marsh grosses; and
terrestrial vegetation includes but is not limited to the following plants and
plant groups - upland grosses, aster, lady slipper, wintergreen, partridge
berry, sasparilla, pines, cedars, oaks, ashes, alders, elms, and maples). In
places where the shore or bank is of such character that the high water mark
cannot be easily determined (rockslides, ledges, rapidly eroding or slumping
banks) the normal high water mark shallI be estimated from places where it
can be determined by the above method.

Forest Management Terms

E. Forest Management Activities

Timber cruising and other forest resources evaluation activities, manage-
ment planning activities, insect and disease control, timber stand improve-
ment, pruning, timber harvesting and other forest harvesting, regeneration
of forest stands, and other similar associated activities, but not the con-
struction or creation of roads.

F. Timber Harvesting

The cutting and removal of trees from their growing site, and the attendant
operation of cutting and skidding machinery but not the construction or
creation of roads. Timber harvesting does not include the clearing of land
for approved construction.

35 0

Road Terms

G. Road

A route or track consisting of a bed of exposed mineral soil, gravel, asphalt,
or other surfacing material constructed for or created by the repeated passage
of motorized vehicles.

Wetland Terms

H Coastal Wetland

Any swamp, marsh, bog, beach, flat or other land above extreme low water
which is subject to tidal action.

I. Inland Wetland

Areas enclosed by the normal high water mark of inland waters and areas
otherwise identified on the basis of soils, vegetation, or other criteria as
inland wetlands including but not limited to swamps, marshes or bogs.

Structure Terms

J. Structure

Anything built for the support, shelter, or enclosure of persons, animals,
goods, or property of any kind.

K. PrincipalI Structure

The structure in which the primary use of the lot is conducted.

L. Accessory Structure

A structure of a nature customarily incidental or subordinate to that of the
principal structure or the primary use to which the premises are devoted.

M. Residential Dwelling Unit

A room or group of roams designed and equipped exclusively for use as
permanent, seasonal, or temporary living quarters for only one family.
The term shall include mobile homes.

N. Piers, Docks, WhorvesBreakwaters, Causeways,Marinas, Bridges Over
20 Feet in Length, and Uses Projecting Into Water Bodies.

Temporary: Structures which remain in the water for less than seven
months in any period of twelve consecutive months.

Permanent: Structures which remain in the water for seven months or
more in any period of twelve consecutive months.

351

0. Aggrieved Party

A person whose land is directly or indirectly affected by the grant or denial
of a permit or variance under this Ordinance, a person whose land abuts
land for which a permit or variance has been granted, or a group of five
or more citizens of the municipality who represent an interest adverse to
the grant or denial of such permit or variance.

P. Emergency Operations

Emergency operations shall include operations conducted for the public health,
safety or general welfare, such as protection of resources from immediate
destruction or loss, law enforcement, and operations to rescue human beings
and livestock from the threat of destruction or injury.

Q. Recent Flood Plain Soils

Recent flood plain soils include the following soils as described and identified
by the National Cooperative Soil Survey:

Alluvial land
Hadley silt loam
Limerick silt loam
Ondlawa fine sandy loam
Podunk fine sandy loam
Rumney fine sandy loam
Saco silt loam
Suncook loamy sand
Winooski silt loam

R. Privy

A pit in the ground into which human excrement is placed.

S. Essential Services

Gas, electrical, communication facilities, steam, fuel or water supply,
transmission, or distribution systems.

352

TITLE 12, M.R.S.A., CHAPTER 206-A

LAND USE REGULATION

j6ai. Purpose and scop*

'Thc bwletis uir- firadl, that it is ilo ir"Ile t-s ,'xend principles of sesocln )lkan- 1 683. CreatloWm of falde. Land Use Requiatlon Commission
tEg.ng ZWon.-l and --nislivieioU 'ofltrol to file un,cgfLnizi4I and dii rganizA..
tiiwi.hijte if thle State: TO prkServe Pubilic is. stilt. safety .115, gnerllIT WA'- To crny out the Pttrporigi stuted lIn -,ction "I'% there is cr,'.,ei. within tit--
fare,: to prevent :,r.irit resid-'n1iai. recrt-ational. cotlne'yrci;. aniti lodd,.' IN'lisrtnIMPn of Conseirvaioim. [tie Mauiti 145011 s L'S,gufeilution Cot..ndi-.io.
* trial i~.'s doeric.n~rita to tIM' pr5mk-l ic-e Or valu [O.o these an-a.4: to pr4.'*'ilt the here'inafter In thit chapter Caldtit.h, ' conioii:.-.on.' Th.- cunrnink.ion Is
Interroi -ing of inounpiilibils, Industriali. cornns--r.'ial. nindt~t t i. ri-crti'- c h~arged. with Ingpleinentifir thie chaprer Ins alt of OIL. rzor'a d sn.l -
ttioniit ltii t.. r.s.. f,.r api,.-oIri.'te relidl,.ntiai. rrorrs'a I.nal. 'e~altlwil or'.allix..4 area,, of the, ,ti. Th..' kqn~illai*.iolil Hbitl cial-i-t .,r7 pudicii likee-ii-
ci;i aind in,luri al n w-;' C.i.r..n Iit,- .t'i-ti'ftin i lh-. .ar.:i of ,.iti- I lk-N. fligl.' of wigolu, shlls I,. .tliso rlll't ,y4Ti's, who shall k.~ :1i,1u-initei b~y lii
btranidaci stirfi'ttr-' or struIi-tlrv~ ,.- Iw.it1 unitilty prco1inuia! it, wat,'r~l or G o vesrnor, suilj.-c' to r,-vi."x j,y ill,, Jinit st:.n'iiri C"e..citt.- -in N:,ud to.r~il
roads: to pt.rovilt tiw jitsilxliittiol5. junlit,.ini tuid hinpll,,iatPule ilt.~~fi,, orsadt .onfimztoib f-iltrie o .n'-er-l4., e
water Inthi-seaee.: aimi to lI0,-i'tL' c~atL'i~li ontt ntural v~iii~5.Among the puislic incriliers. th.re shall be 4 wlho shill1 iso kjtioedl-jeai na
V in adibtiron, tile 1~-_-i.,Ittore d6vi, vei it to Wn in the publtic. int,'rrt, for tilt .bt.'lla
* pubtli beartfIt and f,,r tit.' good mruer of tit. i',- ,, 4I of Ellis Ntate. ED CII. Inast o000 of the following areas. Commerce and industry; fisheries and
cou rav' the w,'tI iplaiii.wd andl w'' inuium:eds lu'lltiile u-a.',f t,,iid and r-a', otvs wildlife:; forestry:; atul conservations.
slid Et, p'ricimragiiptn' iroptrilt'- tie. of tito-, land ,v fi'tie' resitk-ts Of Of the figitial appointees. 2 slbait be appointed for one-yelar terms. 2 shall
Maui., antd visitors. , lit irmot of outdoor recr.atlol .tuctwi'i,. inchuding, but b e app~ointpsl. for 2-ear terins and shall be appoinited for 3-year terms
not Ilimited to, uniseiiitl. fislhiti. isoatinig. hikinit and camiline. Thereafter apllsointees halle Ihe ai-Pointini toe s''rs 4-y.'ar t.'rnls. One, of thleJ
"J'Ioh'r" lhall In elh- t.d..i~a by tie' mntim'.i-r." as 'hiaircla.n.

� 682. 1).ttitot 684. Commission officers, meetings and rules; hearIngs
As Used in th1iS C-hapter'. Uttless thet conttOxt oIIerwise5 itdi- Theo conininl-inng shall ei,'i't anitnuaily. front irs own membehrship, a sAcretnary
C .tile follotIll, words sh-all have tI It' fl~lowim'i.4 meaninlg: and Stich ehrofcr td.m eiic.~l-,ii~satb eda h
C.IIC.. ~~~~~~~~~~~~~~~~~~~~~~~~~~~call of the, chairillan or at [li. call if mnoretnk LI.;.. of thet u.'iirlit Sucii

I. U-11orgallim4 ,t't i:ad .rtiit.' ali't-N.' UIIr`toi V0(iyel Willi public "leetines shahl be heldi at l.'ast oncr. a nlunthI. Ti..- rurumis,,iro m..y
areas lucatod ~%;hin tilt' juris-adlopt wha~tevere rub'.-, it diteul, Iwco-'eary for thy c-,nirlict Of its bueiirss~.. Thle
dogni'ddla hli. dellard oaI'doi i thjti- seerg-tary shall kivj. ruinuti's .f all prosa-edines of the comnmissioin. Wii4eh
diction of tile Sl~itu2 of' MAinv. txcept aE-e,.s locajt,.d wiithinl oirga nhjouite.s hatll Ibe a publie r.','-rd available and on file In the Office Of Elth
* nixted cities and -nw ts, ad Iln.iatt reset'v,01oilS. conundission. 3Memabirs of the comnmissionl, except state etcployi-es. shall receive
$40 per day fuar tli.'ir .e'rvic.'s at ine'etiins or hearitzie anld ail nie'mb,,rs s;hall

2. Subelivisioti. A subdivisionl is al divisionl Of ant existint, neceive ne'ccssnry trarei'ce Pxj.-rgses for atrtending anly u rne'etulr of thle cnrn.-
parcel of [,Trial into 7, Or wore plircels of- l o t ~ ~ ~ mis wtin ay3oa`jlia or for ally trivial in conliection IVEIti II.,! official li ot'' f Elw. Coll..-
* parcel f Ia nilin to ~ t' n totepa tcc'l or lotswithin aY nilesio atirt ttmil.'rn andi firitittiortyfief;tlethirliit 'LltileW limittrtrs-iliil-4 CX
period, whetho't this division is accompilished by plaIt in of the Imse shall Ile paid out of ti.' feneril Fuldti. A iltiorcunl of the coluglcimic'n
lan for imtta 'di;it c' of' ful lire sale, ot' by Snile Of the iand by nietes for tilt- transaction nr baieirt,'- shall tilIit. 4 tiilu.-n.. NO acttion shall be taken
tatil ~~~~~~~~~~~~~~~~~~~~~~~~~by liii. C0tltiti.Sii~nlat icel, ttjii.1 :1tlpri)vah by a vot., of 4 iniibetnim.
andl tound.; or liv leasilig.
tit or pareel Shall he consider~~d a sub- Whi'no'ne'r the iotinullssitlt is r.tiir'.'l or i.tliol'ei tonuiect at 1i,,aring
No sale or lesn fal o 1 itilsalh 'nie'daS pliriotnit to ainy porovision of law,. such hecari-, lmay Wheill'i anid coilsuertd by
divisiOti. it suhlot or litircel is nost le~s, than .11.1 ct't0s litt Size, the cotlitllissioc or by any nt-i'n-.' lit tile comulissioAn or by tiny qiiaiifiril cIii-
except where the. initent of Stich colivevcaflce is to avoid the objec- ployft. or repsre-intative of the eninlmision IIs the comtmissioni chairman may
of this ~~~~~~~~~~~~~~~~~~~~detentlline. If thle licaritiz I., coiiilneteu by a. sleet' egrrmcission or Riialifi4A.
tives o thsstatute. 0itiptoyce. or repr.'sw'native. erich eontngisio~-ner. emiployee or repiresentative
shiall reteN.rr hgis faiiiii-,- 'a flat niol conrluiosn. to thei.'dm11im-ion tng,'ther

W ~~~~~3. IRttijilin'.,. Building shttll] mean any structul'e having a will, a transcript nf the hi'arinz lndi gill exhl-ts. .1~,kr findiines of fact aitsl
or walls used or intended onciusiot. isshat liecontee a pairr of rite recordl. .Tlic con~itni-issn shall not Ist
roof, paltial t'oof supported by containsitibyunfttlns or war.llsusied or-' acint oendsu't edet u hl
to be used [fir lb' shelter oi- enclosulrv of pe'sontss. animals or oh- tak sIt-atin is~t' 11;i1,d's 11 ta' sc tcsos sI tI.1 held
jects re-atls ftenatslso hihi is contt'uttted. and coli.1iwll'.i tilt-b,'ariiuc Itse'lf.

4. Structuire. Sti'uutut". Avall monike anything cotnstr'ucted
or electeil wtith a fixedt loraliinn onl ot' inl hli gi-oulud, Or' atlat'heil 6685. CommIssIon budget, filancing and executive director
a ~~~ to somei1hirig havirg a fixed lo.'atioti on at' in tise groundi. includl-
ing. but not linlitedl to, buiuritns moiehoss walls, fences, T 'he Comtnnis'dornar cf Consecrvatiets shall prepsare an biennial budget and slall
bilbords sate, ier ad flotis. submiiit to the Le;;islattlrc requiests for appropriations sufficient to ca-.r', ou-
bthlboorus. signs, plot's an 0,1.5. ~its a!,si-nqd taskts. The Commission may accept contributions of any tyre
5. Aeei'ssory usc' or zic~t'5'.Ot' strilettre. Accessory' use 01' from any source to assist it in carrying out its assigned tasks. and make Such
accessory StttiCtLlir shall iticlude a use, oi- structure subordinate requirements int respect to the administration of such funds. not inconsisten.-
to a permitted or conditional use Ot' structure and customarily with this sub-chapter. as are required as conditions precedent to receiving
incidental to the permittotl or conditional use of the Structure. such funds. federal or otherwise. The Commission shaft give public notice
-in n inividal. irm.tisscia- of all contributionls. in the State paper. staling the source. the amount anc
G. Persons. Pervon shall ni1Cat nl~iita.fr.asca the purpose of such contributions. The Commission may contract with mun" -
tion, organsi~ation, par'tnarship. trust. com~i~ilty, corpot'ation, state cipal. State and Federal Governments or their agencies to assist in the
agency or other legal entity. ,~~~~carrying out of any of its assigned tasks.
The uatmssi .tir uf 4s# e -w e.z 0-wclsrvatioul. t\'itht tile
'7. Ievovtlopnenlt. Development shall mean any' land use ace- 'I'le Curtinnis'.' n- tensen 4famjrt ftecmnain h~h ~p~itad'c
tivity' or activities directed tow-ard using. rousing- or reahabilitatin~g whlo shltat be thme rriticipal adminitsrative. w.:,rati,.nal an'l, executive' cnv:'lt..i'''
air space, land. waterl oi- other itaturiji risour'ces. excluding, how- of tile Commississon. The director shall attend all meetings cot
-. ever. Such specific uses or classes and cateegoies of uses as the the commission and be permitted to participate fully but shall not be a
commission may by' r'egulation determinle do not need regulating- voting member of the commission. The director with the approval of the
to achieve the p;urpose, intent and provisions of this chapter. Commissioner of the Department of Conservation may hire whatever corn-
8. Lnd se d-stict Lan us d itric shll ean he reapatent professional personnel and other staff he deems necessary and he
S. ltit usedisrict Lad ue ditrit shll ean he reamay obtain office space. goods and services as required.
located within the boundaries of air', land or water delineated
verticailly or Isorizonlally by the cotlniSmisof for distinct cate-

gories of use. � 68 - . Izsnd tst-'districts antilstandards

9. Nontvoifformiiit stnructitni. Nonconfor'ming structure 1. Classificationt and districting of lands. The commission.
* shall mean a sti-ucture, lawfully' existinL, at the tImp' of adloptionl acting~ on pt'incipli.-4of sound lariti use planinin-.r canti development,
of district t'.gulartions Dr sultsl'qti'iht ;mertdniett niadel thereto, shall tdeter'minte the boLuncaric'S Of at'-cas wvithin tile ullorganze
ati eo'anzd poirtiotle of the Slate that fall inuto land use dis-

that does not coifuriti? to the ills~liiet regulatiOlls. tricts atid desi.-nate cacti at-ca ill one Of ti~t" folloWi11'- Major dis-

... ~~10. Nontioitformntiil us.'. .Noncorigfo-mirig ube shall mean a trict classifications: Pr'otection, nianagetrielit anti developmtenit.
useof it' lad. al.r r ntui-ali'ls~ir~e 0' apar-c- u~ lad.The commissioni shall c'uau't rezutlation., for tdetetmiining, the
lat fuly xit jg :i ie irs'of iloi 00 f dstnt- i-.'ulaionorboundaries or each majoi' 1:-le of district in accordance %with the

Sube.'fwitt 't avtrs'lffnwa-i is nt i' t bi'ietoI lhiit doe,- unot conform to followi ng standanils.
the strct i - .a I;it irs.353

A. Protection districts: Areas Nwhere development would -"
jeopardize significant natural, recreational atid historic re- .'
sources, includin!g. but not limited to, flood plains, precipitous
slopes, \wildlife habitat and other areas critical to the ecology
of the region or State.
B. lManagement districts: Areas which are appropriate for C. Protect and preserve significant natural, scenic and his-
commercial forest product or agricultural uses and for which toric features where appropriate, beneficial and consistent
plans for aldilional development are not presently formu- with the comprehensive land use plan;
lated nor additional develolpment anticipated
D. Advise and assist the Department of Transportation and
C. [Blank] other concerned agencies in transportation planning and op-
eot. ion:
D. Development districts: Areas discernible as having patterns of In-
tensiVe residentuial recreational, commercial or industrial use, or con- D-1. Provide for safe and appropriate loading, parking and
mercial removnal of minerals or ocher natural resources, and areas ap- circulation of lard. air and water traffic;
proprinte for designatlon as development districts when measured
against tlhe p1rpose, intent and provisions of this chapter. E. Encourage minimal adverse impact of one use upon the
In addition to delineating the major district classifications listed, the eom- use of surrounding areas by setting standards of perform-
mission may delineate such slhbcl:lssifications as may be deemed necessary ance describing desirable and acceptable levels of operation
and desirable to carry out the intent of this chapter. in connection with any ise and its relation to surrounding

2. Interpretation of district boundaries. Where uncertainty areas, including pr'ovisions for the eventual amelioration of
exists as to the boundaries of districts as shown on the official existing adverse impact;
land use maps the following shall apply: F. Reflect a consideration of the availability and capability
A. Boundaries indicated- as approximately following center of the natural resources base, including soils, topography
lines of public or private roads shall be construed to follow or sufficient healthful water supplies.
such center lines. �
B. Boundaries indicated as following railroad lines shall :
be construed to be midway between the 2 outermost rails. 4. Land Use Standards Considered As Minimum Requirements.
C. Boundaries indicated as approximately following prop- Land use standards shall be interpreted and applied by the CommissiOr
erty lines, township or county lines shall be construed as as minimum requirements, adopted to reasonably and effectively promt.'-
following such lines. health, safety and general welfare and insure compliance with state pl- -'
D. Boundaries indicated as following shorelines shall be and policies.
construed to follow such shorelines, and in event of natural Whenever the requirements of the adopted land use standards are, .t
change in the shorelines. shall be construed as moving with variance with the requirements of any other lawfully adopted rules, regL
the normal high water mark; boundaries indicated as follow- tions, standards. ordinances, deed restriction or covenants. the more r.
ing the center lines of streams, rivers, canals, lakes or other tective of existing natural, recreation and historic resources shall govern
bodies of water shall be construed to follow such natural cen- Any portion of a land use district which subsequently becomes an organit'
ter lines. municipality or part of an organized municipality or any plantation whi
E. Boundaries indicated as approximately following ridge adopts planning, zoning and subdivision control as provided in Title ,
mission pursuant to this chapter until such time as the municipality or plan-
lines. tation of which the regulated district is then a part, shall adopt land
F. Boundaries indicated as parallel to or as extensions of plans and regulations not less protective of the existing natural, recrcatio
features indicated in paragraphs A to E shall be so construed. or historic resources the adopted by the commission. Any revssot
or amendments to the adopted plan and regulation that are less protective
G. Where physical or cultural features existing on the than those in the adopted plan shall be submitted to the Land Use Regula-
ground are at variance with those shown on the official land tion Commission for approval.
use maps or in other circumstances not covered by para-
graphs A to F, the commission shall interpret the district Any municipality organized after September 23, 1971, or any plantation wvhic
graphs .R to F. the com~nissiboundariestrict adopts planning, zoning and subdivision control as provided in Title 30
boundaries. section 5621, may submit to the commission and receive the approval of m
commission of the following:
3. Land use standards. The commission, acting on prin-
ciples of sound land use planning and deveiopment, shall prepare A. A comprehensive land use plan for such plantation or proposed cit:
land use standards prescribing the standards for the use of air, or town;
lands and waters.
In addition to the purposes set forth in section 681, the land use
standards shall:
A. Encourage the most desirable and appropriate use of
air, land and water resources consistent with the comprehen-
sive land use plan;
B. Protect public health by reduction of noise, air pollution;
water pollution and other environmental intrusions;

354

B. Standards for determining land use district boundaries and uses per- S. Interim district boundaries and land u~se standards. Prior to the adop-
mittedwitlsnsuch dstrict in suh planation or proposed city or town, tion of p.'-rulnelint bu~itit indlrii--i and[ill lizi s, ~taniiarJ,' L. provided
mitted willi~~~~~~~~~~~~~~~~~~~~~~~n suhdtrcsischpnt lit usec'tion-4 I :tn,[ 3. file .o.,iiirtt..-s.n hAlnl by Ja~ii ry 1. MIT,., adopt andi

C. A lan use ditrict bundary map for such plan~tation or proposed city Y hallfhr' d,'lr'rntirii'd u-it .1andar:itc fon it--tiprjii l dii~lr it
or town; I 1#4'rila 411.tril'ts a nl land ,t s' stattillii'd shall 1w J.Ifivai-iti'it ant n-larxied. Iin-
sofar ns pract iealpl' andi r.'asonrtble. to rifliwit eitsintjg tises a ntl '.inti t ions.
D. Such Other proposed regulations o rstandards ~is the commission deems lteiintae:ft adissatad hl l-alwdatrpbi er
to be necessary to achieve the purpose, intent and provisions of this chap- lna.. as pro'.idtm l nterac'tioi T.
r ter; and Intirint ili.l ntrit ana lanit us.' sraitila rds Shla 1w li .ff'ctiv nit' Cnn 00 tliaii 4h
niontlis frole till daite fi r.t adl.l,apd. Tll, :zdoiti if. Itla'~itulettil i strit'is or
* In~~~~~~~~~~~~~~~~~~~~~~~~~~~~lnd.uwestandards shall sulr s.ti itermi s ic ilr ada s.
E. 'Upon request of the municipality or planitation, the commission shall Inndtntoh ciristidinprrphAtsuetin.n.bunl-
-prepare such plans, maps, regulations and %tandltrds as it may deem neceS- ric for any prurectiall district or ,tilidistrict relating to deter winturinz haibitat
f :sary to meet minimum planning and zoning standards for its approval Cmay be adoptedl unlv'ss the followin,- requirements, arp taet:
j thereof. A. The Diepartment of Ifflanrl Flsheries and ai~tni: has inet With the ifland'
owaer for tihe purp-Pse. of reaching rinetas to the areas In be desig-
Upon obtaining the foregoing approval, the plantation, city or town Shall nated. The terms of any such aumrenlent shall bie reported to thin comnulis-
e~hera~te adop, adinistr an enfrce sch aprove plas, mas, rgula slon by the departmentL It the parties were uunble to agree. the siubstance
The. eaote andelt s diiteantidfrc u haprovdpas,.as eua of and reasons for such disairreement shall be reported to the commission
*A n n sadrs by the department and the landowner;
- 8~~~~~~~~~~~~~~~~~~~~. in absence of agreement, in addition to the other requirements of thks
subtchapter. a wildllifo biologist of the Dlepartmnent of Inland Fish,'rio, and
Considertions, pplictation and exerription;;. No land Genie shall subsitantiate thel proposed proitection district or subisLitrict for
~~~~~~sta ~~~~~~~~~~~~~~~~~~~period of wintier conditions whi'n such are,. tire us".! for corer by, the dieor.
~rlcssee of ny interestin roel csatte of the use to which it is1 If the foregoing prol'lshiiis work, an undue hardship on the. Departmniut of
lawfullyclevott~ it~tlieimoof ado,)flon of Said standard. Year- Inland Fisheries anti Gaiuie so that they sre- unable to substantiate tliearea-
V . I ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~Interim 1P-4idistricts or sutudistricts until the reqiuired on-the-ground obs-er-
:ln existenre and use as' rf Sc-plv- i'asr 3 71, whilce So u.Sed. and vathons tire coridineted.
LJlwaccessorY lsuildin-g.; or rtriiclUres or renovations of such 7. Hearings and procedures. Within 45 days afttr the proposeil land uis,-
bu~~~~~~~~~~~~~IdisortrltlCwh h r i bentssrtotes- district bourularies ortantilarlk art' preparvid or retviri-it lt the col~rlinit'-
$ion, the conlinrissiolk shall toldI al putb~lc hearin~g at a1 tinllt alld plaee coit
F~~sfact4)l ~ cand 'fortablc conlirnua'tion of these 1-ealiletial and yenient to persons affected by the proposal.
L.farmn tiys shall li ee'p c-i t[ frttns tho requ iremo'fts of seletion Sa- At le-ast 3l1l days lirioir to hodiling a pidilie ltioritig ou.r miro-uosl ]Ianil use dis-
triet ts.undarita4. the Setitss~ ti hll giv a'io it i. ,! i(I Isiens,- ton OwII.
owliet- fir dieverl I ureit.i'lI 1:1111 tulsIy Illil. nevi.'riln ItO I lvii ruit.- anad a-1
Latnd use standards adep t.�d [0: r ;jl'rt t I thIisi'h OI plo for m a' liil- dresses as shown on [ihe ri'iNwrd of thle flturuaui li Taxatillon an ni laxttatiiill to ;
,'Ta- menSut) oi. hl tt i purl\'o tifi Itil rich!,, ttit todlt' hiarsnil-e Aa
'e it s~t shuti in l"o 'uch nothe't rhit Itttolei, pitAll rpis.' hit' d plw'ofhebari uni idal
'ner~ of cutting11411ad lfll(10int ni.' 1'COStilL'Ct trl-!i)I111I ~ drael tii li anil pllt'. wll-,ri' fi titlili'S iii'I p olt 1141$ ;ntl ,tan I
'-maintL'nance (.01 hatil i t IOi Ut'' OP~I'al ni~ of mud tI !Ie' or Ords th'ri'of Inty lie lls'i C or Itaili-id 11iiw In fliii' luri rig.
erection o I iu i ldngs and 01w i' sit uct tacs uid pi'i ma11:.' forAt lea:st :lu day.s ptri',r ti all Iiearinu hoigs eitli e'I'r ii s lik, p i'm. t.- j,, i 'I
erection of buildings and ohvr structures usi~d primail-, b e ho Isett tolalpro0riat''tate.'tII Inta fi'll-ral agencies. P'ubllic not ii* CTli[ I. I: gi v't
,avricul tu ral or- coznmrcialI tres', 1)1't(ILICt pitirposes, including I !'t by .3ihlktni in tl. ii' larte la pf'r :natl suItl ,itliir di ily jlal..r5 13111,P'tio
.farms. " It thji Vawti Is i-t d1't.'rmili'it will blrinlg flii prilul.'sai s ti thle tt at il o i
tere~stedl part iis: the callt' of rthe first 11iulii':t ioll t S'. Nt li'at ',ie :11. :1~ nil te
In adopl ting dis;trict bounlrl~ties atrld lanid use-4 stanIMdarS, thle Corns- last inabldcattlon ti, Ii'lit least 3t, ilay. prilin toy th. htivrimn.
misin hle] giv-e cotssiderution. to public anti private plannin,'~ At hearings,, Int'r.'sti- owners, letsseE's. offaii'as.ageiici's andi ltiilividiriulm
reports andec other dala avaiiabloi to it. and shall give weight ',o M a y ap11pear and Ille heard. They Nhall further lIII allowedl at least 15 days foil-
L existing uses of land and to any reasonable plan of its owner as, toloigtepbihern tofewite tttctsihtecomiif.
n ~~~~~~~~~~~~~~~~~~~~The cosonissIon, ehllx adiopt, and may amtend anti repeal rutles& for the con-
it..; future2 usc. duct of publlic hi-arings helh iundi'r this seetiolt. Inchrdiirg adjournotents and
contltattionS thereof. A conipli'te v.erbatint reunriling tallah be made of all
r-' ~~~~~~~~~~~~~~~~~~~~~~~~he riuig, helid IluursilrtIn to l thissct ion.
The. Iani list district boundaries or standards s4hall be adlopted within 45 dlays
from Gntil adjournment of thle hearing.
L.'ind Is'maps. antI -htaninurs so rtd'tilh-d shrll hIraili e'ftcrtivt' I.- dJiy, a fter
their naloptiiun by the r'onlatis,.ion :Iiil -;bai hein till till' andi Ot'.ailal'l'' fiJr ill-
7 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~spectiialt by lilly lt'i't'rsrt'd partny in flit- offic' of tilie .'.rtittl -i.':ll itel ili the
I, a~~~~~~~~~~~~~~~~~~~~~~~~~~uplrohiriatti registry or' ilvedil For varl'iu i-ollty.
Inv'rttiati.utln ints' sa t ,tantrils s~i a~li~l'.ld slit II lie offi.-rtivei ;rnretuos uly. bitt
s11:a1ll e stiiilt'ititittd to the iii-xi riguilar ino iuri 'I .eian -it IIIbe I-w.i'g ti'.rit
for 2pprorte'ut-r motolific:,ti.iut. Iflt-n Le'gislatutre foilse to nticMt. l suh'tandiur-hs
shall corttione in full 1 orce 1111d effm-.t.

2~~~~~~~~~~~~~~~~~~~

S. Amiendmlents to district tinundaric% and itandard%. Thill cm'ogmissioni S -
of its ownt ail-'rd. 11lYiy liow 1:1(1 :iiiiy -ii .r tm`.tmrvil arlgkty, o-r ally Isrop- rvvz. 'ii- il :lppr1s :5
erty Owimr or --~e. miiy IN-'t ii i romr a viimlnci in III,' btinidiary ofi ully tandl~iwam gp oV eiird
usi' district or f,,r a ri'neri ativus to :1 nv hiu ni se rtondird lt%"- .I.I3toulrqivl
'The Conmnii'.s ki shiall. within 47, mtay.sof receipt of such pietition, either ap- A. No sructurc, ol- in- hro salb~eececag
prove flth pr-,pousei aiiiv'rigliiit'rt, dilly tile pr.,Irnsvdm alivaildiclit ir .schedulei ovr t.O i: a ht. r e sattya I ll 1,'e! 0' eye'rzgd, ihngit
a public hmearitiu tmi'riini in the nukigilmm-r promidtilill inU1sub tilg 7. %,Jtjk rSjr ~ ! n~"~ in tsL
No change In a district boundary shall lie approvk-d, unless there is substan- Or' StML'utlr,1 0atin o 'r than nornuil maintenmance or repair,
tial evidence that: Wttil ri.is' yteCl~lsin
A. The rhange would hit cmnsistcixt with thie stanlaruts for district lsimunif-
aries in effect at fli! litime- thle comnlreimnitMve lald uI',, litan: Elie plur. L. opi'.On shall COMMenCe deCvelo~pmntn of or canstrtu
p')ses, liarent antil provisions, of this chlapter:v andl elhaiiemQ~ inl conditionls tVotOn arttnv lot Or parcelT[ Vithin any SUb~i'~'nion or sell1 or of-
have madeC thle jirCc'i~t ClaSSific6tloi 11nreasuun'lile. fer for sale any interest in any lot or parcel 'Within any Sub-
No amkendmenvt to land use standards shalt he aPProv'ed unless there is sub- div'ision without a permit issued by the commisson-
stantial evidetice thiat: ion
A. The chtange wvould better Serve tlii pilrluse, Ixitent and provisions of C. No, person shall commence any construction oropr
tschptrad oudb usittwihtecprhnielan. s tion of any dcvelopment without a Permit issued by the
plan. ~~~~~~~~~~~~~~~commission. -
The commission may waive the requirement of a hear!n a
person having- received approval by the Board of Environment AJ
9. Peroi ive fdsrmLli~ltaio n iit letld rotect'o pusatt h St oaino DvlpetLw
ards. At the end of each 5 years following, initial adoption of 'o usat t hitle 38 setions 481 vlpeto Law.
permanent land use standard.- and distr'icts, the commission shall Tte3,scin 8 o48
make a coprehensie reviewof thle classification and( delineation Approval Itiy tile commiissionl that thle propiosed developmmmit etsII
of districts of the fian:! use standards. The assistance of appropri- fllmirelents: or tumhscvtion 4. and of the Initrl use uitauilarcls. rules ankd rcgu-
ate state, agencies shall bi- secure!d in making this review and pub- im jbiytni.iimmsuisnI ~ mif, -i ,mmsC mr.I1
lic hearin-s shall be held in necordance with the requirements set sh~all ainmt F-1irel.,it rlfiillilig by ftin allixiiiiisteri-in, rl:.'ytt the( ilm'ier111
forth in subsection 7. flen-lt Ilketrs tie reqiireritelits fof ti e SIN, Luin'rbion of pIw 0'vet 1tnm't Law. Ti
XK, ,,-ions 4',1 tim 41S, tihi' l lingallIii 1,1t 'ziz' L aw, svC ions 45417 C-, 4Mii, -G
time- Wu.'la ilsd Law, 'i'lo N.:Nt. sm'ctiimns 171 p ; r te ; 'r ' L~aw. liti.'
10. Special exceptions and variances. The comisuision mna-y approve the 3s. seet-01im 4 or thei Sireuiti-11--Mirariomii La:w. rueitiomil. I-IL1m t" 2?hl-2 trai g
Isnitanmce of a special ettcelption, tim'nit lit strict cumntliance wvith this chapter rniv's nmltl rug~ilaitioosag,; milted with reslmect to anly uf lsu-h statltit'.. as any
Hnill the recilha lions Iiiii stuliitar-ls a.IihiO'ih phursliaiit thi.reto. The comnmis--iil titms. l' oregii iiizayl.l. IiillnmahtCli om
Sion nlay grailit a Va cia liiv wIv-i'-r liii' i'-imlnis-dii Miglls that strict voiiN 11--l-i'!-
with (lii' ri'gilntiiiis allt saldarii ti, ad.Iplvi fly Illis '., isigu oiieis sitmm ll hi' N.: simrl'i iii'il basis tt Iisllitirlr Niht shall ntot rm'iti ri a fingina-
umiusinil ha r-saip) or i'strn~aorfill:irv dhif omielii's l'iis'of em~pt'ilofat or byCits aillv i w- lrg~ i~iegv limat flii prl.itle tlei'Vi'ltmnint ilt-M's not nii -1
U unpi'i menulit'mims of tli uorap.hy. access. lim'atgion. shal m-, size or it her physieal _ Ii c i i'i'iisil hie silk' 1wlgimg u or I iv'Llmmigt aw. T'li' 1\ Svvi'(C
iatures Of tlie site. thiat the priilijiell mlevi'latinient is in keepjiog, with the 451 to 4.55, II, lini nalliimigiggoi KI M , i Lao'. sctiulni- 4s117 Cio 4$ii7-4.. tlit' WethivA
generauh spirit and intent of tlila chapter 01111 thle public interest is othler Law., Till' :tS. sectimmil 471 to 47S. Flth ("rL-ar 'iimuibs Law. Tlitl' As, veetimll
wise protecteid. 4=,2 or CliiSt- ,rca it Xlftlratilmt La1w. si.'t'Iiiims t_`_M; Ii 2:12 angm thle riltes
reLgilAtmiolls i aliogleit %witl restiec-t tOit ally of slich stat Ii'ts. as lilly mit sine
11. Iululr se~ li Caroratoll '~t'5Igt~a~.Peol estate used %tatiti's. ruli' or rL'clilaH~uils uitay firihly.
or to be used by a1 ptt)iis' ser-Vice corporation nmay be whiolly Of:
pal' ially exellptedl from i'etlukonl to thle extent that tile cam- The commission mpay establi'Sh standards within which authors
mission mnav not pr'ahbit sut-h use~ hut may impose termns arid con- may be delegated to its'staff, to approve wvith reasonable conJ[
ditiotis for' use consistent %,izh the purpose of this chapter-, 'when, tions or deny-applications submitted het'eunder. An, person t
upats timely petitirn to the F"Lbliv' Utilities Cdaimis-ion at-t after grieved by a decision of the staff shall have the right to a revie'w
a hearing, the sttid commtission determint-s That, such e-xcernpt bol of such decision by the commission members;.
is necessary atr desirable for the public welfare or convecnience. T h omsinhalktl,11 t I 't t oellr,
all laggi 111 jit-' rillils Itsim a.liv ilr'miis ol' Ilii. 'ZS it,' fior Itrimp-t ' dellmivvm.Ii
flIetlit Wi thin1 (lt' mi imw azi timw~si'tist alull pllilat imigu"s. Siiu'g rmmemhiiri
shall. tim1 tUm i'Xtegl atramic~ialt'. emitiri': Tim. avnitiuluit i iii'yt tll.Jim.'
itsm'-'~ary ijafruwinti mii emiciiei-niii i simehi l.ilgmh use Iwenglir, till CI' jr~i~i"11im
1-?Aisfall.-I'. Milliliptei;izs ilk Miilit ll.-ig slit-hI perilrlt limmimil $ilchlvim'm':
mttinm-igialii ifl'I'Ili.ainl mimi ui-tilm'i.5 Chumilli'. him~ ai~ti f.ili

Ilivaiitgr ii'lgidliti~ul i as t lii- iilim ihi'tli juuubmilliigtimi t: i,'l'mii
oiml-iuite 01 mail . Cl' atililli- io c'ii'. Si'll t orgili issigiig iici'giatii'ol~ll4

3 56

4. Criteria for approtal. In approving applications sub-
2.Application fur aly.-da. I he application forms for ap- 1. ips
proval, as providled by the conumis-;ion. shall be completed animttd t trrun oti etotecmiso a mo
'Si~~fl~~f tI shall 1," the ~~~such reasonable ternis and conditions as the commission may
:signdby the ajiiuiliCar ildshll1) accompanied by tefollow-demaJrort.

A. Ailnonhgpoacl:rutrsbivso i The Icommission shall approve no -application, unless:

opnieat showing hie Iintendod a-o of INhe land, fiholei~C~ A. Ad,,iimguir, t-1kiical ;11.i i:w~ prmio iml 11:1. Ix'ii r,,'' r 1
cagQ. tile (It-Lkii s of r to' p rojorf' a itd S' wit infrrd "o plyi~ii wilt Me, r'uim.':t .F It,, stai,'\ ;,r ;1all wwaiF J-iluli r'..... i
as may be required liv thle cwnnmihsion to ifetermintie conformi- trol uIl~ ii.1wr i'ix-imri.-wai law, ;ti te.-,, st~mards it.t~iI- -
ance wvith appilicabille land uso sland:1zrds; ad %-'Iwair ~r-~ii'irirz,.iu'Iicwii iijrj,,, Sit' bwa'i..i
tiorl or La'virmiti:w. Tiii Ie :is. M"i~i ix!I 41S. Oiw tit;iut
B.The fee prescribed by~the commission rules. such fee to be the greater Si~ LaW, mwil"iI 4t41 W 4M7-(i. Mt.' Wi~A-1i'21.1, Lvw Tillt" :I. m".i'Fi'
of $io or x/xo of I% of the total c6iistruction costs; 471 to 47S. tlip, Crt-:jtIi'ntid. Law. Ti'll,' 3s, .,io 422. ;fail Tiii SIwa
Altrui'nii, L~aw. smtlwis '21'_'ii no =12, fm, -v,itl~:", w Ii,w u. ror -'ii-

J 3. Hearing's aiid proedulirvs. Any person aggrieved by E t Fi(_Avilt I',rnu v~ni U~~i~ 1.
-Idecision of the comm-'ssion or it.3 staff concernin- any matter up-
on which no hearin-1 lvis hear] may petit ion the comimission for a B. Adequate provision has been made for loading, park'ing,~
II-Ing. within 31) days. II (ICh eiin and circulation of land, air and water traffic, in, on and from Ft
~the cmmisson detrmine to hld a haringon an pplictionthe site, and for assurance that the proposal will not cause
P- i hi odsc ern ihn 5dy frciioteapia congestion or unsafe conditions with respect to existing- orLI
tion. At least I5) days prior to the hearing, notici.s of thle dlate, proposed transportal ion arteries or methods, and
applicant and to ap-C. Adequate provision has been made for fitting the pro-
rime nd pace heref shal hesentto te noice sall e gien psal armoniously into the existing natural environment in
prapriate state anti federal agencies. Publicorder to assure there will be no0 Undue adverse effect on eoxK
3 pulicaionsin te stte pperand uch ailypflpi'5 ublihedisting uses, scenic character and natural and historic re-
in the Stat"o as is dolt rnii ni d will brin.1 lgsth propoqsals to tile at-so r e i n te aalk-vtobafcedythpops,
1tention of all interested parties; the dlate, of I hi first publicationsoceinteaalilyobeaftdbyheppsl
- o be at lva st It), Hit([ I ivi lanst I ublica t ion to be at Iivas-t :1, (lays prior and
to tile he:irintt. D. Uses of top~ographyv soils antI subsoils meet standards
repeat. ~~~~~of thle cut'rent soil suitability giefrln lnigi
rho comission hall adpt, andmay amed and rles ofMaine, or which are adaptable to the pi'cposed use pursuant
fonall tof earings antI pushall tok ai scomlt ebtimeordn. to said guide and will not cause uni'oasonable soil erosion or
- ~f all hai'ings hetl litirsiant to thi section.redutction in the capacity of the land to absorb and hold wki
Within 415 days after' tile commission adjourns any hearing hold ter, and
i:!,incler this subsection, it shall make findings of fact and issuLaL.Te p o s a i s tersencnfmancwihts
prder granting, or denyving appiroval to the app liceant to construct, c. haper posand iotherwuaiose stndarnforance plans aothis
develop oi' Operate thel structure. subdivision ot' development as catradtergltos tnad n ln dpe
proposed or granting Such approval u~pon such reasonable tcrrntspusatheto
nd conditions as the commission may deem appr'opriate. P. In the case of an application for a structure upon --ny.
- f n hen ing hs bee requstedor orered iui'sant t thissub-lot in a subdivision. that the subdivision has received the ap-
section, no hcai'ing nei'd b~e eldct by the commission. In sulcht anpralothcmison
* even, withn 30 ays of receipt of an alplait'aion for approval. The burden is upon the applicant to demonstrate by substantial'
the commission shall approve with such terms and conditions as evidence that the criteria for approval are satisfied, and that the
- ~eemel necesar~' oi disappove eac al~pliation.public's health, safety and general welfare will be adequately pro-

In the event of a decision for disappr'oval, tile commission shalltee.
.1otif% the applieunt andl specify thle grounds, of dlisalpproval and 5. Limitation, expiration, transfer and revocation of ap-'
jform hIIin of any- right Ile may have to request a hearing. pro'al. Commission authorization pursuant to this section shall
-~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~permit only thle atrrangement and construction sft forth in the ri
approval as issued. Change in use, arrangement or construction al
shall be considered a violation of this chapter and punishable as
provided in this chapter.

357F

An approval may be suspended or revoked by the commission in Any use for which a special extception has been granted by the
the event of violation of any condition attached to an approva ccommission,,as provided for il sction 685-A, subsection 10, shaly/-
or change in authorized use, arrangement of construction from not be deemned a nonconforming use, but shall be deemed a con-
those approved. forming use in such district.
G. Recordingl of approved proposals. A copy of each ap- 8. Certificates of compli:lnce. It shall be unlawful to use
plication, marked approved or disapproved, shall be retained in or occupy or permit the use or occupancy of any land, struc-
the commission files and shall be available to the public during ture, or part thereof created. erected, changed, converted, or
normal business hours. wholly or partly altered or enlarged in its use or structural form,
In the event the commission approves an application for subdivi- requiling sulsequelt review and approval pursuant to this sub-
sion approval, a copy of an approved plat or plan and a copy of chapter, until a certificate of compliance has been issued there-
the conditions required by the commission to be set forth in any for by the commission stating.that the requirements and condi-
instrument conveying an inlterest within the subdivision attested tions of approval have been met.
to by an authorized commission signature shall be filed with the
appropriate registry of deeds in the county in which the land A certificate of compliance may contain such terms and condih.(
* ppropriate registry ofdeeds in th county incliesh . * tions as will protect the health, safety and general welfare of they-,
occupants, users and the public.
A register of deeds shall not record a copy of conditions or any
plat or plan purporting to subdin ide land located within the un- The commission may establish standards within which authoil
shall be delegated to its staff, to issue or deny certificates of c_
organized and dcorganized lands of the State, unless the corn- pliance. Any person aggrieved by a decision of the staff shy'
mission's approval is evidenced thereon. have the right to a review of such decision by the commission
The grantee of any conveyance of unrecorded subdivided land or members within 30 days of such decision.
subdivided land recorded in violation of this section may recover
9. Repealed.
the purchase price, at interest, together with damages and costs
in addition to any other remedy provided by law. -

7. Noncolforminl, uses and nonconforming structures. To � 685-C. iscellaneous provisions
achieve the purposes set forth in this chapter after the adoption
1. Comlprehenllsive landl use guidance ptla. Not later than
of permanent district standards and permanent districts, the
commission may reguiate and prohibit expansion and undue per- January 1, 197.5 the commission shall adopt an official conipre- ,
petiataion hof nonconfor-mirng use. Specifically the comr * hensive land use plan for the unorganized and deorganized town-
petuation of nonconforming uses. Specifically the commission
*-P ~~~~~~~~~ * * -- -ships of the State.
:nay regulate and prohibit:
A.Can ncfrmingusesltoanother an d pohibSuch plan shall guide the commission in developing specific land
A. Changes in nonconforming uses to another nonconform-
ing use: use standards and delineating district boundaries and guiding de-i
B. Extension or enlagement of nonconforming uses or non- velopment and generally fulfilling the purposes of this chap- .
B. Extension or enlargement of nonconforming uses or non- ter
conforming structures;
The plan may consist of maps, data and statements of present and
C. Resumption of nonconforming uses, by prohibiting such prospective resource uses which generally delineate the proper '
resumption if such use is discontinued for 2 years or aban- use of resources, and recommendations for its implementation. L
doned; and The commission may hold public hearings to collect information to
1). Movement or enlargement of a nonconforming structure be used in establishing the land use guidance plan. The public _
or of a structure containing a nonconforming use. hearings will be conducted according to commission rules adopt-
ed in accordance with procedures for the establishment of rules
The commission may also provide for the termination of com- and regulations pursuant to Title 3, sections 2351 to 2334.
inertial or industrial noncorffoming uses by specifying in land
useial or indus therlia nor conrior inihn norming uses byspcifyininnd-The commission may, on its own motion or petition of any state 7
use starnlards the period or periorls in wic:ih nonc onforming uses
agency or regional planning commission, hold such other hearings
shall be terminated and "' adjusting suiht coMpulsoty terntina-
sh~~~~all~~~~ btdnbas it may deem necessary fromt timne to time for the purpose of
tions so as to allond reasonable tishe dules for t the conversion ofsuch non- obtaining information helpful in the determination of its policies
confcrinblg uses and reasonable schedules for the amortization the carrying out of its duties, or the formulation of its land
standards or rules and regulations.

358

The commission shall adopt no plan or portion of a plan, Un-
less: 5. Additi11:1 on4 ~a l powrsan dt io'. In or e r to imrnplement
A. The tentative plan has been subunjtted to each regional this chapter', thet cerrnunissiori maY, in ~idditior to its powvers and
planning commnission arid otlk'r' ppropriatec agenulies, whc duties previously av trlori-zed in this clvipter:
s.hall forwa rd t heir comnnnllt'~ ;rnn renmrlnerd atiens, if ;-n.", A. AdIopt ruleOs to ju(TMIt errt and URTN' tyoLr this chapter in
to tilt, conltllisionl withill :1() file,- anl accordlarr'r withl TFitle -,, sect ionrs 2351 to 21-.unless other'-
B. Thle tentative plan has been submitled to thet- State Plain- w vise provided liy this cluapterl';
ning- Office, pursuant to Title ., Suction 3330-, scrhsection 1, MI Have thre power' to corritre attendance of witnesses, and
paral-raph G. which Shall forw-irr' its r'omnirents and r-coin- require prodUCtionl of evidence;
mendatioc... if ;iv, to thle onmsio thin 3c') davs, arid C. Designate ox, establish such regcional offices as it deems
C. The commission has consider'ed all such comments, necessarY;-
Upon adoption of the official-land use plan by the coremlission, it D. Designate or' request other appropriate agencies to re-
shall sub~mit the plan to te Gover'nor for' appr-oval. The Goxernor'cveapitonprieassaciveiaiosndae
shall approve or' disappr'ove the plan, plans or' airy portion of acevaplatorvi sitnenetgtosad-ak
plan within 30 dlays of receipt. If thre. Gover'nor' fails to act, theremnnatos
plan shall be deemied approved. This subsection shall also apply E. By rule allow joint hearings to be conducted with other
to any alteration in tire- compriehensive plan. appropriate agencies;
F. Execute contr'acts and other' agreements to carry out its
2. Lanld uise g uidana ev :faid plinrianr~naing m ual. Thle conmmis-puos.
sion slinl 1rin' pari', nia inrta in a itte di st r'i bto fromn t irne to time apuoss
land iSO LcUidlanCe arid aluianriri nuienirr Setting forth: C). Adjuastmrenrts of asesism,5j piractict's. Upon adoption of
A. A copry of this chapter, twr'Olevhr with Lill anirindnerrts disti'ict bounldarie1s arnd land use stand irds, a certified copy of
thereof arid other' applicable le-_islat iorr each offirial landl time quidance mnap, delinpating district bouinda-
It. Kxmple,,of lan use [Ltnnin, poliio Liries, and aIsociated land u.se standar'ds shall be filed with the
W B. E~ampls of hind se p~irurug poiis. standnirdns, maps State Tax AVssessor'.
rind (10Loctrmnr'rrt ~'prepared ;ii conff f'ra 'ewthtre wput-ose of
tris chapter; 7d. Time periods. In rcornl rr~n_, the perir'J of time to per-
form any acf cinder' these r'tl~eS, the fit-St dayv on whicii all aIct may
C. An explanation and ilustrative exarmples of the land be per'forrird shalt riot he incrluded hut tire lIasi day of tiii perle I1
use stir ridrrils'' a~ r ( I'MOcdtrels ait ho rized in thiis chapteri shall be i nClUdi id, ti riClss it is a Satu rdtayv, Stinct a v or' hol ida v in
D). Oilier' exptanaItorv inate~rcil arid itita which will aidl which event the periodl shall b~e extredtnithnetbses
landow tiers in t hi p r'epa crat ion of thle ir titans in con formanc ir~jluni hnx uiniessy'
with the pr'ockccbrnes, rules and[ standards author.ized in thils dy
chapter. ~~~~~~~~~~~~~A holiday is any.% day appointed ais shich by the. President or Coni-
chapter. ~~~~~~~~~~~~~gress of tile United States, or' thle Governor' or' Legislattire of r~'e
The commission shall, fr'om time to time, confer' with interested State of Maine,
par'ties with a view towkar'r instirinig the riiainteruance of such man-
ucrallh tire foirmi most useful to those malking cisc of it. .Earf''rcerarnt, inispectkarn aridr penaalties for %-relatiorr%,
Sections of this maricia may b~e cited in any plan or Standard in Standards, rulos, regulations and ordler's issue2d tbv the comm.;s-
the same mariner' as citations of this chapter', arid may be incor'- sioni plrUStiarit to this chapter' shiall havo thle force and effect off
porated by) refe:rence in any phrri. ste endard. rule, or r'etgcilat ion, law. No developirent imvy be irrrdert-akt'n, eN(-c,,)t in COI'frn: rmace
withI t his cli;p1 em', tilhe si a darfi';'~ rules, negi n Iatrionls an(! o ides
3. Selieduh 114'( fees. Tnerirnt(i, ~ Swhall establ lish a rid eratrii'isrdpr' rntotsii:r[te'artafyirIesr
amend a schedtile ofl reasonable tI'es for the admriinistrationi of this or per'sorra turplert exl1ist. to' tin c'iota r ind "If suc s all hesatnui
chapter', Tire fees shall hev aitopte~d arid anienrted, in accor'dance arice, For' tire, putrrpSi~Se of instection and to assurre coni!'tianice
with pr'ocedtrr's for' the est artishntonti of ruiles and a'eg.-lations with stain(Lds ornl rs ~i tli'mtt pel-rliLiS issued I o' adopt'ed bv theu corn-
pursuant to Title.5, sect ions 2351 to 2:,53 t. nirission, aut herized orririnissionistaff oi- crirsilltant persoimrz'l "llr v
No appr'oval, certificate, special exception ox- variance shall be Conduct stuch irivestigitiorns. exarr'ini.t ions, tess arid sire 'vAlua-
issued, Lunless. or' tintil stich fees e'stabUlishd by the conirission tions deemned ncces,11iv to verify irmforruativn :'ircseritcd zi it, and
haVe been p)aid in full, nor shall any ruetiorm be taken onl proceed- may obtain access to any tarids arild StUti l'tcurS IIegul1a1d pur'suant
ings befor'e thle commission, unless or' uirtil prelirinirvrr fees have to this chapter,
been paid ill ftrll,
. 4, Conrservattioni caseenrrts%, "p aIe ee Ce4.

35 9

A vohiionoran' EFrovi�ion of --his chapter or the rules prorn~l-
,7 ateci hereunclLr ~s ouri.,'hable bN- a fine of UP to but not more
than $3:00 'or each da%. ot tle .ioiatior'.
In additucn ,D the oK~-(2r ~;.~naitjvs providecl. than commission mIan,.
in the name of the State ot ".1aine. institute any, appropriate ac-
tion, injunction or orher prot~eeding to prevent, restrain, cot'-
rect or abate? an,% violation hereof or orders or of the standards,
rules or regul!ations promulgated hereunder.
A person wiho ,willfully or 'knowingly falsifies any statement con-
tained ~in the certification required, shall be punished by a fine
of up to but not more than:$3500.

1 689. Appeal to Superior Court
E-xcePt where otherwise specified by statute, any person aggrieved by any
order or decision of the cmnmission in regard to any matter upon which there
was a hearing before the commission and of which a transcript of that
hearing is available, may, within 30 days after notice of the filing of such
order or decision, appeal therefrom to the Superior Court of Kennebec County
by filing a notice of appeal stating the points of appeal with the clerk of the
court and the director of the commission. Eearing of the appeal shall be
ordered by the court without a jury in the manner and with the rights provid-
ed by law in other civil actions so heard. The proceedings shall not be de
novo. The court ,hall receive into evidenice true copies of the transcript of
the hearing, the exhibits thereto and the decision of the commission. The
court's review shall be limited to Questions of law and to whether the commis-
Sion acted regul~arly and %within the scope of its authority and the commission's
decision shall be final so long as supported by substantial evidence. The court
may affirm, reverse or remand the commission's deci.Sion for further proceed-
ings. Appeals from all other orders or decisions of the commission, unless
othewise specified by statute, shall be taken pursuant to the Maine Rules of
Civil Procedure, Rule SOB.

36 0

LAND USE REGULATION COMMISSION JURISDICTION WITHIN THE COASTAL AREA

'the t..i: -- .1 in Z1.1-1 ~
diction and their Coastal Island Rezistry I'umbers (=ap and island
n~m',ers). The list cf uD-nzed is-r-nds is based- cn in,:=-t-icn
in t-e 1973 iaire Sta-e~-*n as -,,bliMshed by t-e Brea,- 0 f
Taxationl, Prorerny -_ z: Ex~-udd frcn that list are oen
=e--cwned or ta~x exe-at lslar--s. T'-e list of' coastal islanrd; .itn-in
*Lsla:!d plantations was ccannle froW'U.S.G.S. -aps.

3 i SI-2~DS

HANCCC-- Cot"ATY vlox COtj,1--Y
13I.A2D PLNAIN
Bald Island 203 - E03 Andrews island 83, BE 432
Bar island 202 - 724, 731 'Bar Island 82- 3 IO108 SLN PO-T: Pla:nent-,a (438); lak(437); Lit.Le Bla:ck (A.L3);
Barred Islands 20G - 774, 5, 7, 8, 9, Birch Island 83-- 423 Green (446); Dz-a= (444); 11o !;,-. (45) -ittle
80, 1, 3. Camp Island 83 - 26 (439); itreen Dunk (440); C-roW (A4�); Dr-,ony~e~
- each Island 20D - 68~7 Crow Isla-nd 8` 651 (44:). H.Tzbor (450) ; (A-LL OF THE 37 8:A 21H
.ear Islp-nd 200 - 791 Dix Island: 83 427 LgIsad(451) - XAP 913.
'-irch Island 202' - 703 Fishe==-Is Island S3 - 4C2 Pond (347); -'am (346) - MIAP 21G.
Bradbuary's Island 2005 - 771 Flagg Is2.a-d 827 - 632
Ccan~ass Island 200 - 790 Gooseberry-'iob Island 83 - INATTIjICUS ISLE PLT: aiiu (303); Two bush (901.); No-'an's T-1-an (903
rinlgo or Butter Isad20 - 776 417 Wheaton (91.4); 'Tenpound (920); 2E. BlckIe`ge (913
Eale Island 2C-3 - 793 Graffam- (Gra-ftzn) I sl1an d W. Black Ledge(91;itl s(97;Co
-aton island 202~ - 714 83- 34 Ledge (9,21); Bl~Rocks (937); Wooden soailIsland
FIing Island 20-3 - 794 Green Island 82 - 655 (91,7, 918, 919) (AlLT 08l ea? 72)).
Fsrdh-sad Ic�lan 2,- - 722 Hewett 1s.'and 8-2 627, 623
Fog Island 20D - 679 High Isl~n-i 83 - 422 MOHGNPL2: Ho-he'an Is. (317); Yaniama (323); Szutty Nce(314 315)
W Horsehead Island 20.3 - 771 Inner Pond Islandt 83 - 423 Duck Rk (310, 3111 312); 'Eastern Dn ok(15
in Inner Porcu~ine Ts'p.nd 23 - 799 Lasell's Island 19J - 331 in2. --, -, N r- r -).*'LZ 3":;,C 313~/I, 320, 32c

Little Spr-uce Hfead lala:-A 203 - 772
1.ars'-all Island 70 - 931 Little Green Island 91 83 -
Outer Porcupine Island 2003 - 8.30, 801 418
Pickering Island 202 - 6R2 Little Green Island #2 BE - TOWNSHIPS
-nnd Island (near Little fleer Isl1e) 654
20D - 676, 7, 8 Little Hurricane island 82 T T8SD Perkins
Pumpkin Island 20E - 702 '626
F-esolution Island 20D - 686 Metinic island 82 534 T 7 SD Marion These eig'it townships comprise
Scott Island 2-2' (7070) (709) (706) Netinic Green 82 585 5.5% of the Coastal Area.
Scrag Island 200 - 739 Hog Islamd BE - 588T S rect
Sheep Island 202 - 710 Knubble island 22 - 586 SDTect
SDcactacle Island 20D - 673 Miink Island 82 - 6466
Great Spruce Head I7sland 2C3 -773 Clam Ledges 8B, 82 - 438, 110 SD Edmunds
Western Island 20D - 675 439
Nlettle Island 22 - 622
Otter Island 83 - 410
LIN;C0lN C01NT-f Calk Island 82 - 421
-SI ~ Outer Pond (Waoodsey) Island
--n ~~~~~~~; 9 ~~~~83 - 430
1'aid~ock 92 - 200 Pleasant Is!,land2 647
nungry Island 92 - C33 Pov.erty Nub bln 8 41
,:,d~,an bla-nd 92, - I18-3 Ragged Island(Oihen
ZYarsha Island 92-- 192 72 930
.Iuscon,;us Island (L~nudvjj-e) 92-v 185 Saddle Island 19J -333
TifIsla-n-'9 1

WALDO CCUiTY

Little Barmnudit (nAd03-7

F5c

POLICY 1-4156

No. 1306

LAND USE REGULATION COMMISSION and
DEPARTMIENT OF ENVIRONMENTAL PROTECTION JURISDICTION

The Board discussed the tabled memorandum from the Land Use Regulation Commission regarding the
overlap of Land Use Regulation Commission and Department of Environmental Protection jurisdiction as regards
to wildlands activities. After some discussion. the Board voted to accept the concept of the memorandum and to
so notify the Chairman of the Land Use Regulation Commission. Some caution was raised with retaid to
difficulty that could occur from joint hearings as called for in the memorandum. but it was felt that these could
be worked out in an acceptable manner by the staff. A copy of the concept containing the Land Use Regulation
Commission memorandum is attached.

1-4157 BUREAU OF LAND QUALITY CONTROL

TO: William Adams. Jr.. Department of Environmental Protection
FROM: John L. Martin. Chairman. Land Use Regulation Conmission
SUBJECT: Proposed administrative alternative to current overlapping jurisdictions of DEP and LURC
DATE: August 16, 1972

The Land Use Regulation Commission has instituted procedures to fully administer � 685-B of the Land
Use Regulation Law, which requires permits for all construction, subdivision. and commercial or industrial
development in the unorganized territories and plantations. � 685-B overlaps the jurisdiction of the Bureau of
Land Quality Control. DEP. in three areas:
I. Site Location
2. Great Ponds
3. Mining
Such overlapping of jurisdictions causes a duplication of effort by the state and by developers, as it
necessitates the acquisition by a developer of two different permits from two different state agencies which have
essentially the same concerns. Some way should be found to eliminate such duplication of effort as much as
possible.
The Land Use Regulation Commission offers the following administrative alternative to resolve the
problem:
1. That a developer requiring both Site approval and a LURC permit be routed first to the Land Use
Regulation Commission.
2. That the Land Use Regulation Commission act upon the developer's LURC application with the review
of the DEP. If the Land Use Regulation Commission disapproves the application, the process ends. and a
copy of the disapproval is sent to the DEP. If, however, the LURC approves the application, then
3. That the Land Use Regulation Commission send a complete copy of the developer's LURC application
to the DEP along with a copy of the LURC approval.
4. That the DEP accept the developer's LURC application as an application for Site Location approval,
and accept the LURC approval as prima facie evidence of accord with the criteria of the Site law.
The Land Use Regulation Commission agrees that if the Department of Environmental Protection requests
in a review of a project falling within both jurisdictions that a public hearing be held, the LURC will grant such
request. In any case. whenever the LURC determines to hold a public hearing on a project falling within both
jurisdictions, the DEP will be invited to participate in a joint hearing, and the transcript will be made available to
both agencies.
Regarding Great Ponds permits, the LURC thinks that DEP consideration and action on proposals also
within LURC jurisdiction will adequately satisfy the criteria of the Land Use Regulation Law. The LURC would
like to continue to be a review agency for Great Pond applications in the unorganized territories and plantations,
but will not require a separate LURC permit in cases where a Great Ponds permit is necessary.
Regarding Mining permits, the LURC understands that the DEP has authority to review only rehabilitation
plans. Such being the case, the LURC would like to exercise its independent authority over mining developments
in the unorganized territories and plantations.
We ask for the concurrence of the Department of Environmental Protection in these matters.

F6a

5. Subdivisic Low
Title30 495 C. Record. On all matters concerning subdivision review,
the E:iuncipal reviewing authority shall maintain a per-
manent record of all its meetings, proceedings and corres-
TITLE 30 pondence.

E 4956 Land subdivisions C-1. Upon receiving an application, the municipal review-
1. DEFINED. A subdivision is the division of a tract ing thority shall issue to the applicant a 'ate' receiot.
or parcel of land into 3 or more lots within any S-year period, Within 3 0 days from receipt of an application, the auni-
wi peobgn t 1971, whether acom- cipal reviewing authority shall notify the applicant in
which period begins after September 2, 1971, wheriting either that the arplization is a conpeoe appli-
plished by sale, lease, development, buildings or otherwise,
cation or, it the application is incomplete, the specific
provided that a division accomplished by devise, condemnation,
order of court, gift to a person relate zto the donor by additional naterial needed to nake a complete applica-
blood, marriage or adoption,- unless the intent of such gift tion. After the municipal reviewing authori has
is to avoid the objectives of this section, or by transfer of determined that a complete application has been filed,
any interest in land to the owner of land abutting thereon, it shall notify the applicant and begin its full evalua-
shall not be considered to create a lot or lots for the pur- tion of the proposed subdivision.
poses of this section.
poses of this section. D. Hearing; order. In the event that the municipal
In determining whether a tract or parcel of land is reviewing authority determines to hold a public hearing
divided into 3 or more lots, the first dividing of such tract on an application for subdivision approval, it shall
or parcel, unless otherwise exempted herein, shall be con- hold such hearing within 30 days of receipt by it of a
sidered to create the first 2 lots an! the next dividing of completed application, and shall cause notice of the date,
either of said first 2 lots, by whomever accomplished, unless time and place of such hearing to be given to the person
otherwise exempted' herein shall be considered to create a making the application and to be published in a news-
3rd lot, unless both such dividings are accomplished by a paper of general circulation in the municipality in
subdivider who shall have retained one of such lots for his which the subdivision is proposed to be located, at least
own use as a single family residence for a period of at least 2 times, the date of the first publication to be at least
5 years prior to such 2nd dividing. Lots of 40 or more acres 7 days prior to the hearing.
shall not be counted as lots.
The municipal reviewing authcrity shall, within 30 days of a
For the purposes of this section, a tract or parcel of public hearing or within 60 days of receiving a completed
land is defined as all contiguous land in the same ownership, application, if no hearing is held, or within such other time
provided that lands located on opposite sides of a public or limit as may be otherwise mutually agreed to, issue an order
private road shall be considered each a separate tract or denying or granting approval of the proposed subdivision or
parcel of land unless such road was established by the owner granting approval upon such terms and conditions as it may
of land cn both sides thereof. deem advisable to satisfy the criteria listed in subsection 3
and to satisfy any other regulations adopted by the reviewing
2. MUNICIPAL REVIEW AND REGULATIGN authority, and to protect and preserve the public's health,
safety and general welfare. In all instances the burden of
A. Reviewing authority. All requests for subdivision proof shall be upon the persons proposing the subdivisions.
approval shall be reviewed by the municipal planning In issuing its decision, the reviewing authority shall make
board, agency or office, or if none, by the municipal findings of fact establishing that the proposed subdivision
officers, hereinafter called the municipal reviewing does or does not meet the foregoing criteria.
authority.
3. GUIDELINES. When promulating any subdivision regula-
B. Regulations. The municipal reviewing authority may, tions and when reviewing any subdivision for approval, the plan-
after a p-lic hearing, adopt additional reasonable ning board, agency or office, or the municipal officers, shall
regulations governing subdivisionsw5ich shall ccntrol consider the following criteria and before granting approval
until amended, repealed or replaced by regulations shall determine that the proposed subdivision:
adopted by the municipal legislative body. The munici-
pal reviewing authority shall give at least 7 days' A. Will not result in undue water or air pollution. In
notice of such hearing. making this determination it shall at least consider:

-n
0C

The elevation of land above sea level and its relation following: A granite monument, a concrete montrnemt, an iron
to the flood plains, the nature of soils and subsoils pin or a drill hole in ledge. No sutdivision plat or plan
and their ability fo adequately support waste disposal; shall be recorded by any register of seeds which has not been
the slope of the land and its effect on effluents; the approved as required. Approval for tne purpose of recording
availability of streams for disposal of effluents; and shall appear in writing on the plat cr plan. No public utility
the applicable state and local health and water resources company of any kind shall install services to any lot in a
regulations; subdivision for which a plan has not seen approved.

B. Has sufficient water available for the reasonably Any person, firm, corporation or other legal entity who
forseeable needs of the subdivision; sells, leases, or conveys for consideration, offers or agrees
to sell, lease or Convey for consideration any land in a sub-
C. Will not cause an unreasonable burden on an existing division which has not been 'approved as requires by this section
water supply, if one is to be utilized; shall be punished by a fine of not nore than S1,000 for each
such sale, lease or conveyance for consideration, offering or
D. Will not cause unreasonable soil erosion or reduc- agreement. The Attorney General, the municipality, the plan-
tion in the capacity of the land to hold water so that ning board of any municipality or the appropriate municipal
a dangerous or unhealthy condition may result; officers may institute proceedings to enjoin the violations
of this section and if a violation is found by the court, the
E. Will not cause unreasonable highway or public road municipality, municipal planning board or the appropriate
congestion or unsafe conditions with respect to use of municipal officers may be allowed attorney fees.
the highways or public roads existing or proposed;
5. EXEMPTIONS. This section shall not apply to proposed
F. Will provide for adequate sewage waste disposal; subdivisions approved by the planning board or the muricipal
officials prior to Septenrber 23, 1971 in accordance with laws
G. Will not cause an unreasonable burden on the ability then in effect nor shall it apply tc subdivisions as defined
of a municipality to dispose of solid waste and sewage by this section in actual existence on September 23, 1371 that
if municipal services are to be utilized; did not require approval under prior law or to a subdivision
as defined by this section, a Dlan of which had been legally
I. Will not have an undue adverse effect on the scenic recorded in the proper registry of deeds prior to Septemnber
.or natural beauty of the area, aesthetics, historic sites 23, 1971. The division of a tract or parcel as defined by
or rare and irreplaceable natural areas; this 'section into 3 or more lots and upon all of which lots
permanent dwelling structures legally existed prior to
J. Is in conformance with a duly adopted subdivision September 23, 1971 is not a subdivision.
regulation or ordinance, comprehensive plan, development
plan, or land use plan, if aay; and The dividing of a tract or parcel of land and the lot or
lots so made, which dividing or lots when made are not subject
c. The subdivider has adequate financial and technical to this section, shall not become subject to this section by
capacity to meet the above stated standards. the subsequent dividing of said tract or parcel of lani or
any portion thereof, however, the municipal reviewing authority
L. Whenever situated in whole or in part, within 250 shall consider the existence of such previously created lot
feet of any pond, lake, river or tidal waters, will not or lots in reviewing a proposed subdivision created bS such
adversely affect the quality of such body of water or subsequent dividing.
unreasonably affect the shoreline of such body of water.

4. ENFOiRCEI.NT. No person, firm, corporation or other
legal entity may sell, lease, develop, build upon or convey
for consideration, offer or agree to sell, lease, develop,
build unon or convey for concideration any land in a subdivision
which has nco been approved by the nuniciFal reviewing authority
of the municipality where the suhdivision is located and
recorded in the proper registry of deeds, nor sell or convey
any land in such approved suodivision unless at least one permanent
marker is set at one lot corner of the lot sold or conveyed.
Tr.e term "pa.r. anent marker" includes bi.t is not limited to the

* '�_ _

JOSEPH E. BRENIAN
ATTORNEY GENERALhR

AM% 'WF .u-
DONALDUC. ALE, 6
IRE ~~~~~F6b
STATE OF MAINE
DEPARTMENT OF THlE ATTORNEY GENERAL

AUGUSTA, MAINE 04333 -,

November 30, 1977

To: Allen Pease, Director, State Planning Office

From: Joseph E. Brennan, Attorney General

Subject: Attorney General's Role in Enforcing the Subdivision
Law (30 M.R.S.A. 54956)

This opinion is in response to your question concerning
the Subdivision Law. The question posed was "If a town
consistently disregards the standards contained in the Subdivision
Law (30 M.R.S.A. �4956), and further, if these deviations are
considered to be significant, does the Attorney General have the
legal authority to require towns that consistently and substantially
disregard the standards set out in 30 M.R.S.A. 54956 to conform
to the law in their review of subdivisions.

The Attorney General in Maine inherited common law power
from England. Withee v. Land & Libby Fisheries Co., 120 Ke. 121
(Me. 1921). As the chief law entcrcementofficer of the State he
has wide authority to protect the interests of the State and
its citizens:

. .... as the chief law officer of the
State, he may, in the absence of some express
restriction to the contrary, exercise all
such power and authority as public interest
may from time to time require, and may
institute, conduct, and maintain all such
suits and proceedings as he deems necessary
for the enforcement of the laws of the
State, the preservation of order, and the
protection of public rights. Withee,p. 23.

The Court in Withee called the Attorney General's powers "numerous"
and "varied," Id-.at 23.

in Lund Ex Rel Wilbur v. Pratt, 308 A.2d. 554 (Me. 1973), the
Law Court expressly recognized that the Attorney General is
a constitutional officer deriving this status from Article IV,
Section 11. The Court, stressed that he has the power, absent an
express statutory prohibition to the contrary, to maintain actions
and proceedings to pres.erve order and protect the public's right.
The Attorney General has the power to protect the entire community
when an injury is shared by 411 equally. Von Tilinq v. City of
Portland, 268 A.2d. 888 (Me. 1970). In fact, he is the only
person authorized to bring such suits. He has this authority
because he is the representative of the people. A 1975 Massachusetts
case, Secretary of Administration and Finance v. Attorney General,
326 N.E. 3d. 334 (Mass. 1975), stressed this basis for his power.

"The Attorney General represents the
commonwealth as well as the Secretary
who requests his appearance. He
also has a common law duty to represent
the public interest. Id at 338.

The Maine courts concur:

*The chief law officer represents the whole
body politic, or all the citizens and every
member of the State. Only a few of the
duties of the Attorney General are specified
by statute; that official is, however,
clothed with common law powers. It is for
him, in instances like these to protect and
defend the interests of the public."
In Re Maine Central Railroad Co. et al., 134
Me. 217 (Me. 1936).

I. Attorney General's Power to Bring Mandamus Action.

One of the common law powers of the Attorney General is the
power to proceed against public officials in order to protect the
best interests of the State. The cases in Maine and elsewhere have
recognized that the Attorney General has the power to institute
mandamus proceedings. The mandamus action is a proceeding to
require the official or off clals t-o do something they are required
by law to do. Rogers . n. 1A an 0row 1M935.

It is generally conceded that a mandamus-action by the
Attorney General is authorized by his common law powers. Although
Maine has abolishcd the writ of mitnd mimus (a procedural device)
the substantive cause of action remains and may be brought pursuant
to Rule 80B Me. R. Civ.P. In determining whether mandamus must
be had however, recourse must be made to the common law. Young v.
Johnson, 161 Me. 64, 69 (1965).

In Kelley v. Curtis, 287 A.2d. 427 (Me. 1972), the Law Court
had before it a mandamus action brought under Rule O80B, Me. R. Civ.
P. The Plaintiff, a petition sponsor, sought to require the
Governor of Maine to issue a proclamation of special election
within a reasonable time after presentation to the Legislature of a
petition seeking a ballot reform. The Legislature, before it adjourned,
determined the reform measure was validly initiated. The Governor
had not issued an order for six months following the adjournment,
and suit was filed. By law, the Governor was required to call
a special election within a reasonably short time after adjournment.
The Court apparently had no problem with the 80B process. Both
the Superior Court and the Law Court entertained the proceeding
initiated under 80B. The Court did express some concern over the
standing of the petitioner to proceed, but since it did not need to
reach the standing issue, it was nrt discussed. In Farris, ex rel
Dorsky v. Goss, 143 :e. 227 (1948), the Court allowed a private
group to use the Attorney General ' unique position of standing to
bring a mandamus action to compel th!e Secretary of State tn place
an "initiated measure as well as tne enacted measure on the ballot
so the voters could decide which they preferred. The Court had no
problem with allowing the Attorney General to bring such an action.*/

The power of the Attorney General to bring mandamus actions has
been recognized in other jurisdictions. In Attorney General v.
Trustees of Boston Elevated Railroad, 67 N.E. 2d. 676,685 (Mass. 1946),
the Supreme Judicial Court of Massachusetts recognized the Attorney
General's power to proceed against public officers by manadanus.
A Texas Court, in Yolt v. Cook, 281 S.W. 837,843 (Tax. 1926),
recognized that the ancient and modern rules of comaon law,' allowed
the State and Attorney General the power to use mandamus proceedings
in supervising municipalities.

The mandamus action serves a very specific purpose. Its
use is restricted to cases in which it is clearly shown that an
official has neglected or refused to do something required by
law. In Littlefield v. Newell, 85 Me. 246 (Me. 1893), the Maine
Attorney General filed a mandamus action against the mayor and
aldermen of Lewiston to force them to comply with the town's
charter and ordinances.

"It is a well-settled rule that mandamus
extends to all cases of neglect to perform
an official duty clearly imposed by law when
there is no other adequate remedy. If the
officers are required to act in a judicial
or deliberative capacity, the court cannot
it is true, control their official discretion,
but may by its mandate compel them to exercise
it. It cannot direct them in what manner to
decide, but may set them in motion and require
them to act in obedience to law. p. 111.

See also,Rogers v. Brown, supra and Mitchell v. Boardman, 10 A. 542
(Me. 1887), on protecting public rights.

II. Attorney General's Power to Appeal Local Administrative
Decision.

The Subdivision Law (30 M.R.S.A. �4956 subsectionS) permits
the Attorney General to enforce the law although it is generally
envisioned that the Attorney General will only do so under
extraordinary circumstances and hopefully with the aid of the
municipality. In a joint memorandum filed by the Attorney General
and the Maine Municipal Association, dated March 2, 1972, this
office felt an 8OB appeal under the Maine Rules of Civil Procedure
would be available to those affected by decisions of the
municipal authority. It seems clear that nothing prohibits the
Attorney General from enforcing the law by requiring the municipality
to abide by its requirements. The Attorney General's principal
function is to protect the public interest and to maintain all
suits and proceedings to enforce the laws of the State. Withee v.
Libby Fisheries Company, supra at p. 123. Should he not carry
out these functions, he would be violating his responsibilities

*/ In McCaffrey v. Gartley, 377 A.2d.1367 (Me. 1977), a similar
action was brought without invoking the Attorney General's powers.

366

Allen Pease, State Planning -5- November 30, 1977

to the public. If a decision by the municipal authority in
a subdivision case was so contrary to the dictates of the
statute, the Attorney General night appeal from such a
determination. Apparently, the exact question has not been
ruled upon in Maine, although it is presently in front of the
Law Court in Central Maine Power Co. v. Public Utilities
Commission, (Law Ct. Docket No. Ken 73-43).

Other states have recognized that the Attorney General
has the power to appeal from the decisions of agencies when
the public interest is involved. In a Nebraska case, In Re
Equalization of Assessment of Natural Gas Pipe Lines v. State
ex re Soreman, 242 N.W. 609 (Neb. 1932), the power of the
Attorney General to petition for a writ of error in the Supreme
Court from a tax board's decision was recognized. And in a
New Jersey case, Attorney General v. Delaware & B. B. R. Co.,
27 NJEq. 631, the court held:

"In equity, as in the Law Court, the
Attorney General has the right, in cases
where the property of the sovereign or
the interests of the public are directly
concerned, to institute suit by what may
be called 'civil information' for their
protections. The state is not left
without redress in its own courts, because
no private citizen chooses to encounter
the difficulty of defending it, but has
appointed this high public officer on
whom it has cast the responsibility, and
to whom, therefore, it has given the
right of appearing in its behalf and
enriching the judgment of the Court on such
questions of public moment. Id. p. 610.

Other cases in accord, Petition of Public Service Coordinated
Transport et al., 74 A.2d. 580, 586 (N.J. 1950) and State ex rel
Olsen v. Public Service Cornissioner, 283 P.2d. 594 (Mont. 1955).

Iaere seems little question that the Attorney General can
bring suit against a recalcitrant town to require it in the
future to apply the Municipal Subdivision Law or challengs sub-
sequent decisions which :;ubstatltially deviate from it. We w;uld
note that the Attorney General retains discretion with regard to
bringing any particular actin, and the decision on bringt.ng an
action would relate to the seriousness of the violation of law
and the availability of resource of the Department to properly
prosecute the act-on.

Attorney General
JEB/bls

367

TITLE 33
chii.,TUiR 3 -
SujSCIIAPTER I
ARITICLIZ 6.
sITE LOCATMON OF DEVELOPMENT C. All the lots are ait least 5 ocrol. hit rio lir[tuni.rs lIII a total of Visor'
thart II) ier-es, irndil e Illst, b-'s Fat h 10 li zc r' rit'rfs ,]Ibl dilien'lots
as to accommiirodate wvithsin tlit-' loets~ii'i f etrell t I-vrtzi~skIILiiiv I-a'
I 481. Findings and pur-pose ing 2rir) fi'r't and 2irdi feit. " ijli, !its :t-. at .Inc poinit tif, sr ul filsl avi
'The Legislaturi, finds that the economic ansI social wellbeing of the citizens Wily Or thel' hitCs itiv It';lt-it 7.- isr s.f i-orilitgi' iii a ci!sl- 1 s hich
of tile State of Mainle depend upon the locti~ou of state. municipal. quasi- provides access.
municipal, educaitioial. clharitablL. conlrnercial and industrial developments 6. Structure. A"rruclsurk," slill liiwan:
with respect to OIL naturail env'ronniert of' the State: that many develop- A. A bliililjiig ir Ibitildiltg. ,II 41 .iIZgl.'I pare-cI coirstisislssl -I' -Irseti with
metacs becau.,e of their size nftri nature ar- etipatile of causing irreparable a1 fixeil lissitissi sill ,I-Il tI:',- iius ,I, ziitztclrd t.s msio-thinsg, ,IIi i Ileli
damage to the people anil the envirotnmen t Iit their surroundinzs ; that the grtnds hit hich sc venjois ;i gnm lt arv i-i' i excess sit (Uikjit ~s.1MITiai
the location of such dcvelopinents is too linpsrtant to ble left onl1 y to the feet. or
determination of tile owners of such devejop~etits; anti that discretion must B. parking lots. roads. sat'd ara-. wiviarves iir, ar-ia- to Is- -triplied -sr
be vested in state authority to regulatle the location of developments which grailei ansI slot tss Is'letcgttts %fc --anise.15C a tostal project. inchist-
may sub.stantially affect environmrent. ing- any hitillisis tii isccspv a..!i, listr ii illCii excs; f noreste
The purpose of this subichapter is to provide a flexible and practical means
by which time State, acting through the Environmental Improvement Corn-
mission, in constrltation with appropriate state agencies. may exercise the 5 453. Notification required; commlssion action; admlnistrativo appeals
police power of the State to control the loc:ltton of those developments sub- Any person intending, to construct sr operate it develospment shall. before
atantially effteting local environment in order to insure that such develop- comnmencina construction or opesaiorlsn. nldtfr thle cosnutiimsion in Writing of
meitas will be located in a marnrer which still have a minimal adverse impact his intent and of thle nature anti location of Such development. togetiter w~ith
on thle natural envirunment of their surroundings. such Information as the commis~sion zt;:iy by regulation require. The Coln-
mission Shall Wvithrin 30 days of receipt of sucht notification, either aliprove
tMe proposed development, upon such terms and conditions as are apisropri-
1 482. Definitions ate and reasonabile, or disapprove the prorus~ed development setting forth the
As useil in this subchapter: reasons therefor or schedule a beutarin thereon in the manner hereinafter
L. CommIssIon. "Commission" means the. Environmental improvement provided.
Commission. Any perinm as to whose developmetnt the commission has issued an order
Without a hearilig maly request, in writialg, Nvithin 30 day-s otfter notice, a
2. Development which may substan-llally affect tihe environment. 'tie- hearing before the ciontiruiioii. Suol It ruest shall set forth, in sdetatil, the
U.) ~~~~~velopmetet which masy sublistant isi ly ;]ft-ct t a. cii vil rolrn. i his Art icl findtngs and euticlusitins sfit ,, the essumnii-tsn to which such persoit objects, the
critical "developtlivilt", Taiwan, .. ~ ~ ~ ~ ~ ~ ~ ~ ~~bases of such otijoct i-ss and tl, Isrta tutre sosf 'tise relict requested. Uponl receipt
M ~ ~ ~~~~~~als 'dveoiitrrt, rrial In tate. inimnicil-st.itliiiisit'l. eilsi-a-
00 fl~~~~~tonal. cliarilatil'. i-iiilnisrcial or indiistrial diviopisssiiit. ijirsssiit~g sirisslivi- Of such reqilest. tile conitission shall schedule and hold a hearing limited to
Slons, walrcli isc 11rs a Itini or wvater area in excess of 21) acres, or tvhiclr the matters set forth ili ssus't reqsrst. Such bearing shall be scheduled In
contempllate., drilling fur sir 'xacavaitilg natulral resources-, on land or under accordance with section -IS-I.
water where the si 4ri-us ;fficte(l is ili (excies of Squitareiii i fee.t. or u hr icli is
a Strulcture : but i-Xvls~isling state1 1IigIruvask3,. state aid higlisays. ansi, lrorrowv 484. Hearings; orders; constructioti suspended
pIts for sanml, fill sin gi;vs-l, iif less thian 5 acress or wvleii rigilsiti-i fly the(
Deparatmient of Trar islo-uisirtll o. In the event that the board determices to bold a hearinF, on a notification
No person shall coniiiitict or cause. to lii. cinstrieteil or olserats. fir caiiisi5 to submItted to it puirsuiant to section 4S23, it shall hold such hearing within 30
seopeaeld -rilly t r, as�fili-n apprilislrsir seti.r sittcr for li iiroc efiri'ts liev days of such determnalrttion, and shall cause notice of the date, time and place
ting olitairnsl arpprovail for such cul~rrsrriiiion. opseratiton or sals' fromi tIII- Boardn thereof to be given.
of Env i rorimeri Os I I' ruti'ctiori. . - ~~~~~~At such Iii'-r rinrg the coisisinsi-'on stialhi solicit and receive test inrony to die-
terurirfie wlretlihir -vith ilvwsltl~ it sill i fac-t substarittiallv. tffs-ct thl'e li-
3. Natural envIronment of a locality. "Natural enivironmenrt of a locality" Vironrinent )r pissi' a tliresrkt to thle IMi-ilic's health, ssaetty er gs'ii-rzh svi-lfirs'.
Itrcludes the character, quality ani discs of landl. air and waters in the area The boardl nay sit 'itch liesirirg ;il-i Irjeeive, testirririty onl the econsimile
ikeCly to be affected fsy such develoiipreuit. and the degree to which such effect sif such lvl luiit
land, air and waters are free frotur noni-naturauly occurring coirtamination, Thi'l commiris-'sion sisell irplrsie a ilevelvisturint propsossl wih-never it find,-
4. Person. "Person" menans arty person, finn, association, partnership, that:
COE101rpfOrato, orirticipal or other loceal 9overnmen~tal entity, rIliasi-unrtrieipal en-
tity, state agency. eslircational or eharitalile Oertanization, or institution or I. Financial capacity, The slevelo)p,,r has tIre financial capacity and tech-
other legal entity. ltercat aiality toi mueit state air aliii %%ater pull utloi cont rol Btatislards,, ashif
has tiade nrdeijlateL li rVisislil fur ,osl is waste dispossalI, the control of
5. Subdivision. .'...i..iirr' is tire( ii~iosiiir of ;I paiircel it LIIm irlirtii 5, Offensive odors, auld tttii' securing; anld ma intterraice sit sufficieiit and health fui
or- nirsre loist., ist h (ferertvl for sal- or lease ti tire gene-ral litrlelic duing water supplies.
ally niyetir petriods if such lists rrizr ke sip ;lk 3iggregatte fundri a rca of inure i Iair 2. Traffic movent. Tire developor has rinsile adequ sate p rovision for
21) nicres i'xcejrt for fill.' fishIs wi rig: traffic mioverrietr of aill typs,,; out sit or lilto tile tlevelrsptnent ar~ea.
A. All file lots sin' st ratlit) tiers-- ii size; 3, No adverse effect on the natural environment. The sdeveloper has Mad~e
B. All file lists sirl' at least 5 gi-ri-s5 tirrillti- anrrirr iisMlv litis adoptvldi adequate jiruvislisi for fitting, trkhedviprit armonsioulsly Intos the exist'
radditionatl ri-gurlatioirs grsvvr'riJIIg subdriivisiuons upursuranrt to Titli' ::ir, see- Ing natural elirvjinslnrit andi that die d,,velo~Irniint will not adversely affect
tlon 41)56, Coi the i"s t's- lissIbis I"i acres are 'It Itc riliir'rssrins Chas tin existing uses, sceiric chatraicter, or nraturasl resources in tire iriunicipality or in
acconrrr tiirrti' withti ii tih' Irririarieti ras t erl iireVctaIugli' rir'asirrinu neighboring mniiiiciplia ities.
200 feet "till :00 feet. %ivliII unlits at ma' [retin thei psiril-irni'l ;JCe 4. Soil types. Tire hirolsi-rsel deVVIlistusnnt Will be built on soil typesw

ym.~� or tare lwhaoll sto r,,jg Iitpl -avw ,bae' table to tire iat irs' oif the iindrert4i ring.

In eil"41 .o 41 lertalletatly ill'r~alm lle iwar et-ie ri' tli: faci!;I y of more thana 9 45. Faialure to notify commission. hearing; Injunction; orders
1.04)( khilo:alts or it trauii~ij-'i -i II:.,- va rrviii&: I~ikL'.)li :i:r.~ proji..ca The co~nniission tiiay at any timie withi re-pevt to any persiti who has corn-
to bie L'rjcti'd withill rthis by~ t' Ii-a, ciactrical -itiipaii *.I *ti!;anias. thea Ilellced ecalstructi--n Or ipqia'rri-na .,f arwydviui&u witlh.iit havinz firSt
proiaaa~a'a thio'ahl jetr. ill ad-lliti.- I,, tictwfi;;., the ri'quzirvi, iji. ,f s~l'ectioijii' notifi-! VWi ulim ai po rsia-ut to .! 4:t ; -.~ heiule andi- eon.! w a pub-
Ito 4I, salla IIiio hv enaar elI. h lillme lita je',-ve I.%,ssi av lie heari g IV wit resxet to stich deveiopnlnt
Title 3Z., sa'ctioat 13-A.

In the case of a transmission line carrying too kilovolts or more or a gas40.Rpae
pipeline, a permit under this chapter may be obtained urior to any acquisition
of lands or casements therefor to be acquired by pu- ci-ase and such per.mit 1 487. Repealed
shall be obtained prior to any acquisition of land by eminent domain.

Any person making application for site location of development approval � 488. Applicability
pursuant to section 481. et seq., "or approval for a transmnission line or -as
pipeline shall, prior to filing a notification pursuant to section 453, provide This Article shall not apply to any development in existence or in posses-
notice to each owner of real property upon whote land the applicant proposes Sion of applicabie suate or local licenses to operate or under construction on
to locate a gas pipeline or a transmission line by registered mail, postage January 1, 1970, or to any development the construction and operation of
prepaid at the land owner's last known address as contained in the applicable which has been speciically autlivrized bv the Legislature prior to May 9,
tax assessor's records and shall file with the town cerk of each municipaiity 1970, or to public Serv~ce corporation transmission liines, except transmission
through which the pipeline or a transmiission line is proposed to be located, a lines carrying i- icoo kilovolts or ni-re. nor- shall it appiil to the renewal or
map demonstrating the intended approximate location of the pipeline or a revision of lease- of parcels of land tupon which a structure or structures have
transmission line wvithin the municipality. The applicant shall not be required been located as of March 15. [9)72. nor to the rebuilding or reconstruction of
to provide notice of his intent to construct a gas pipeline or a transmission line natural gas pipelines or transmission lines within the same right-of-way.
other than as set forth in this paragrarih. The board shall receive evi-
dence regarding the location, character and impact on the environment of the
proposed transmission line or pipeline. In addition to finding that the re- 5 489. Municipal review of subdivisions
quirements of subsections Ito 4 have been met, the beard, in the case of such 1. A. nunicipialiry itiy apply to the Iicar.l of Enviroiiacotal troteption.
transmission line or pipelines, shall consider whether any proposed alterna- on formis prasidlad by the 'a-ard. for authiority Ia' suhl~tirijrv in-rilill i-*sitd
I'D ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~purs-antr to Title ;;,. 4il.jin 4lI,* ptirnl~nar ri4-ire-I iiy v-criwl 41~ for
tivesto te proosedlocaton ad chzr-.cter cf Such n-ansmissicn. line or pi:)e- stil-livision, nriort' thant 2,) nwrf-, Itlia Is- tan lI(H) ;acn. Tile biolr shll
line may lssen its ipact on th environment or the risks it would engender grant ,uhal atitliajritv if it finds rialt the( ntuiitiiipalit.% laiti:
to the pblic helth or afety, ithout unreasonably increasing its cost. The A. U-t~ablisheid a plannina Wnardl:
board mayapprove o disapprve all or portions of such proposed trarismis- B. Developed a 'liitailble application:
sion line r pipelineand shall ake such orders regarding- its location, char- C. madl, pnroi~i,tiv iii ,%,riiiiiainc, or rigiulatliti for promptt~ ~t, to the
acter, width and appearance as will lessen its impact on the environment, banrthe Wpantupt .,f One .ttidc~ttiiif -,rittctal ttrit 1- itioit. to tis illliati
having regard for any increased costs thereby caused. afdtht-efoar d ptll noti, and itice of 'iry 'hil rinof, pr-,-urtiiit. tttit

ILL the event that I ihc[aid find.; thar t aniunicipilicy has failed Ct satisfy
At hearings held1 hauler tilai; secti'nia thea liatrici ~liai i~e up imi thle ticrti one or tonri of theip v lisri-il criteria, it shall nlotify flietojliaiy
IarorK-silag th e&Iiltien to affirmiatively di,-tjiilstrats' t thle vonainiissioii atecordtiigly and itika't, oiiiaiilti. th iotlig which it maliy rstabli'll
tlat Pact, of [lie crin-ria, fur alilrijyal liSle, !I iitile l~I-VUIcclii Iairaraphoi have comprlianes. Thi. jiitticiipilitY Rimy thi einsitliitt a niiilfiik-i apitiliarim f-ir
taaeci net, tatiol that tu iiills retalt. ,afa..y am!l golii-ral %elfirt- will lie approval.
adetilately iarotecteil. It att anoy tutu', the [maril deta-tniiiaes thait a iiiiticlielliiir his fiil:d tI. -Krcis
Withiti :31 day- after thle rooltdj-sio idjimiaris iart liti\ ey,rilcielil india- its [i.rtiiit grantinie wiith.,rity ill acaiirtn: it its w-orr-itpti rlire or
this -Seetliat. it Ahall make nitiaitigs .if fact ata i.i isu arti, griatitig air theiairpas of Eis A rticlv as i'iilw'diid iii tiel slailadlr-s set foikth ill siectiOl
denyivit Iieriiiisiiil t,, theL lhir..ti pr-iaiisiiii aliliiili, to ciiaatruct 44a,!Tl, ,) iu :i tsili vtteiiir'fi liii
1*r OliEratV th-e Sailti' s r., isl air grr~aitiiig stlwh psrild-,ui-a uaiing sucsh auleged doficieiicis aild Ahlle wi-iler a publie livilriiitc. .1f 'Ntaiiia :daililit p)ith-
termis Inte co,inltiiiis as the ciaitimaisis-mi may deiii aIi~iisIule ta prtect aiid lie Ilotice '1taailt .s' uit to , IIs'~ ielili the nillnir-ipialt~-. (a solicit tpublic OR'
IPresere tile eivi irotliteiet atitat tilie puullic's iteattli. a fa-t3 and I zpiiwral wiel fare. official coimen thren.l l lwowsint suchl liwani tit,, mui if litv fiwrds at t such
Any p~ersia uluja has notifaild tta,i, ani.ii pirtimiat tiv, i i 4,~,. If deihoieni' il srir i lyl avai li*aiiaciaiv lcitt2.itii
Ili,' jillil-tit Eti ciiiistillt air op-rita', a aisiiieAttalltiii.ti defir or su.,- Dttetait nllipaiiihi I, iu~rit3.ttd l 0 tr
veud~~~~~~~~~~~~~~~~~~~~~~~~~~~~~rlt tart-tcm tha hoare!,tion ajaL ri-ijpir to th ar ij si-ti antiiri til it hi
ui-als-oi Lais is-jicad its orader. voadI. l, gad t IlNr-jud otll or o '.1aih"I tal
Avy lii'r-ii sectlringl- iia r!of ti,,',-,naasi,, pirsijaj to this~ Article', 2. %t'ithiji :11 alyaf-tfrr r'cieit iif :iiiiii1.-tjj apiuoijiiiiiii fiji :i 1,---iit
shlalt miiiitaiiu tlia' tiliai~aiiii cuapati-at atlil ta'.11iiiiil'- ii~ itjlti'M~t~fi illss~i.li'illijijilih "lliuvtes~r. o 'll'jiill iiiv jitr i-'i Ii- ti' al -eri Ii i- IIi t,
air :iaii sviat'r laf11jolj a e"ail.Iiii siai Irtsaaaii I" has, i-'i;ilii .. widt sucah is'raiait s.'triiig fNiilj tIII- ra-ujs tli- r 'raor liia lj,,urijii I iS-m witiiii
stuijdatrds. 3to uld say fii'arlrf.wicaIaartcaiiat ijl ji i hl S.5ii

Waitldij :3aa dalir ;after tii'llj.iiriiai if -jj.la jts . tnw-i ipjiialiiZ.
Alaall viliti'rs-hi' t al Ito i-rili ,ii iiaii tt, hirtiuit 'iii ic fiiri, tiriiw aj
thaa'a't~r.

F7b

LEGAL ANALYSIS OF THE SITE LOCATION LAW

I. Introduction

This Legal Analysis of the Site Location Law was prepared by
the Federal Office of Coastal Zone Management in cooperation with the
State to provide additional guidance to reviewers of this document,
coastal users and other citizens in understanding how the Site Law
will help to implement the Maine Coastal Zone Management Program. The
following disucssion focuses on how Maine courts and the Board of
Environmental Protection have interpreted the four performance standards
used to evaluate projects subject to the Site Law. Section two examines
significant cases interpreting the Site Law, section three identifies
Board policies and regulations that guide implementation of the law, and
section four presents the results of an in-depth investigation of the
permit review process. This analysis demonstrates that the standards
in the Site Law are adequately specific and provide sufficient predict-
ability to satisfy the requirements of the Coastal Zone Management Act.

The Site Location Law (38 M.R.S.A. U�481 et seq-.) was enacted
"to prbvide a flexible and practicable means by which the State... may
exercise the police power of the State to control the location of
those developments substantially affecting local environment in order
to insure that such development will be located in a manner which will
have a minimal adverse impact on the natural environment of their
surroundingS." The law states that the Board of Environmental Protection
(the Board) shall approve a development proposal whenever it finds that:

1. Financial capacity. The developer has the financial
capacity and technical ability to meet state air and water
pollution control standards, and has made adequate provision
for solid waste dispoal,,the control of offensive odors,
and the securing and maintenance of sufficient and health-
ful water supplies.

2. Traffic movement. The developer has made adequate pro-
vision for traffic movement of all types out of or into the
development area.

3. No adverse effect on the natural environment. The
developer has made adequate provision for fitting the
development- harmoniously into the existing natural environ-
ment and that the development will not adversely affect
existing uses, scenic character, or natural resources in
the municipality or in neighboring municipalities.

4. Soil types. The proposed development will be built
on soil types which are suitable to the nature of the
undertaking.

Thus, the law creates a process for the review of major development
proposals using specific performance standards while affording wide
latitude to the applicant in the choice of the type and location of
development. The process may be contrasted with the predesignation of
sites for development, or zoning based on a comprehensive plan. As
stated by the Maine Supreme Court in In re Spring Valley Development
Inc., 300 A.2d 736, 753 (Me: 1973) the Site Location Law.

is not concerned with where a development takes
place in general but only that the development
takes place in a manner consistent with the needs
of the public for a healthy environment. It did
not grant the Commission /now, Board7 the authority
to determine where the location of a development
can be but rather it gave the Commission authority
to measure the proposal and location against statutory
standards and to apply reasonable terms and conditions
which the proposed must meet in order that it may be
'located in a manner which will have a minimal adverse
impact on the environment.'

The Law does not require an applicant to evaluate several altern-
ative locations and select the best option. In In re Ryerson Hill Solid
Waste Disposal Site, 379 A.2d 384, 391 (Me. 1977) the Maine Supreme Court
implicitly upheld the interpretation of the Board that its authority pre-
cluded the consideration of alternative sites.

II. JUDICIAL INTERPRETATION OF THE SITE LOCATION LAW

A. In assessing whether the Law itself complies with basic con-
stitutional standards and whether the Board acted properly in deciding
specific permit applications(See 4 M.R.S.A. llO00, the courts have pro-
vided important guidance in interpreting the Site Location Law.

The legislation itself has been found to be constitutional in
several cases. Specifically, the Maine Supreme Court has held that the
Site Location Law is a valid police power regulation, that it is not un-
constitutionally vague, and that it does not deny the applicant equal
protection of the law. In re Spring Valley Development supra. tIvrn're
taine Clean Fuels, Inc., 310 A.2d 736 (Me. 1973), involving a denia'TF-oT
aiappiication Tor development of a coastal oil refinery, the Supreme
Court held the Board's order did not constitute a taking of property
without compensation, and that the procedural rules relied on in making
the decision did not violate due process.

371

The most complete judicial exploration of the meaning of the four
performance standards was presented in In re Spring Valley Development,
supra. The plaintiff developer complained that the Act was unconstitu-
tionally vague and impossible of compliance. Specifically, he argued
that a subdivider who is not also the builder of the development "cannot
control the future adequacy of provisions relating to pollution control
and maintenance of healthful water supplies" Id. at 750. The Court held
that the burden was not unreasonable in light of the objectives served:

To be sure, the Act imposes on the developer- including
the mere subdivider-responsibilities which he has not
had in the past. The Legislature has determined that an
owner of a large tract of undeveloped land may no longer
subdivide it, sell the lots and then walk away from the
transaction indifferent to the local catastrophe that
may result when construction and occupancy reveal the
incapacity of the environment to withstand the impact of
the development. The duty is no doubt more burdensome
as the land is less suitable and it may be impossible
of compliance if the environment' is of a type incapable
of sustaining the proposed development. In the latter
Situation the public welfare demands that the land be
used for another purpose or that the impact of the same
use be diminished. Id. at 750.
The Court felt "that there can be no serious question" that the
Legislature may require that development not be built on soil types
which are unsuitable and that adequate provision be made for parking
and traffic movement. 1I.. at 750-51. The requirement that there be no
adverse effect on the natural environment, the Court stated, "is the
very substance of the Legislature's effort, to reduce despoilation of
the environment to a minimum." Id. at 751. The Court provided important
guidance in interpreting this requiirement:

While most... .developments may be expected to 'affect'
the environment adversely to the extent that they add
to the demands already made upon it, it is the unreason-
able effect upon existing uses, scenic character and
natural resources which the Legislature seeks to avoid
by empowering the Commission to measure the nature and
extent of the proposed use against the environment's
capacity to tolerate the use; Id. at 751.

The Court also stated that:

The Legislature has declared the public interest in
preserving the environment from anything more than
minimal destruction to be superior to the owner 's
rights in the use of his land and has given the Com-
mission adequate standards, under which to carry out
the legislative purpose. Id. at 751.

372

B.Cases reviewing specific Permit decisions provide help in
describing the types of information and activities required to meet
the Performance standards of the law.

IfIn the Maine Clean Fuels case the court held that there was
"substantial evdne fo h oard's findings that the applicant
lacked the financial capacity and technical ability to meet applicable
pollution control standards, that there was inadequate provision for
sufficient water supplies and for traffic movement from the site onto
Public roads, and that the project would have an adverse effect on the
environment. Id. at 740-41. Specifically, with respect to water supplies,
the court upheT-d the Board's determination that underground sources of
water would be insufficient for anticipated needs, and that the three
alternative water sources proposed by the applicant were insufficiently
documented to permit a reasoned decision. The court also accepted the
finding that the applicant lacked adequate financial and technical
ability to meet applicable air and water standards in that no firm financ-
ing commitment for the project had been secured and since certain cost
estimates were either inaccurate or speculative. Finally, the court
upheld the finding that the project would adversely effect the natural
environment in that the refinery would increase marine traffic in Penob-
scot Bay, oil spills would necessarily occur as a result of such an
operation, and the affected coastal waters were classified for "clean
water usages," which specifcally excluded the discharge of oil.

The Supreme Court has also upheld Board orders approving proposed
developments against claims that the applicant failed to meet one or more
of the four statutory performance standards. In In re Relyerson Hill
Solid Waste Duisposal Site, supra, an organization popet wners in
thevicniy of the proposed dump challenged the Board order on the ground
that there was insufficient evidence to establish compliance with any of
the four standards. The court found that the Board had acted properly
in making undisputed findings that the project would generate no solid
waste and that the water supplies were adequate, since the dispo~al of
solid waste does not itself generate solid waste, and since no water was
required on the site. Also, the court found that the Board had reason-
ably concluded that the proposed sludge disposal trucks would not pose a
significant traffic problem in that the truck route had been redesigned
to avoid the local village. The finding that no adverse impact on the
environment would result was supported by the mitigating measures
required by the Board., including preservation of a Natural Buffer Strip,
an erosion control plan, a monitoring system to minimize the likeli-
hood of leachate entering surrounding watercourses, and reforestation of
the site after the dump is closed. Finally, the court found that the soils
criterion of the Act was met although the on-site soil was unsuitable in
its native state since an extensive drainage system would eliminate the
major limitations of the soil.

373

In re Belgrade Shores, Inc., supra. also involved a challenge to
a Board order approving a development application, in this case for a
proposed residential subdivision. The financial capacity standard was
met, the court ruled, although the applicant stated it would incur no
cost, since any costs associated with the project would, in fact, be
"minimal". The court also held that the Board properly concluded that
the applicant had met the traffic and no adverse environmental impact
standards after the application was revised to include common docking
and parking facilities for the entire subdivision. Lastly, the Court
concluded that the Board did not act erroneously by relying on local
controls to ensure adequate sewage disposal, or in failing to require
more than one test boring per lot.

C. The Maine Supreme Court has upheld several times the authority
of the Board to impose a variety of conditions on approved permit applic-
ations. This substantially expands the'ability of the Board to implement
the goal of a "fldxible and practical means" for protecting the environ-
ment.

In In re Ryerson Hill Solid Waste Disposal Site, sura the court
held that the Board did not exceed or abuse its authority- in imposing
the following conditions on the approval of the waste disposal site:

construction of an all-weather section of the site,
construction of a sedimentation-retention basin to
collect surface run-off and effluent from the drainage
system, development of an intensive monitoring program
by the applicant Paris under close supervision of the
Department of Environmental Protection, submission of a
detailed erosion control and reforestation plan, and prod-
uction of affirmative on-site evidence of ability to
lower and maintain the water table at an acceptable level
prior to the placement of the sludge and installation of
permanent peripheral drains to maintain that capacity
over time. Id. at 387

In re Belgrade Shores, Inc., supra, upheld a variety of permit
conditions prohibiting the erection of private permanent docks and
requiring the-construction of a common beach, docking facilities and
automobile parking areas for the subdivision.

These decisions establish that the board has the authority to
impose appropriate permit conditions to insure compliance with the
four performance standards specified in the Law.

III. REGULATIONS

A. The application form

0 ~~~~The application submitted to the Department of Environmental
Protection (the Department) provides the basic information for evalu-
ating a proposed development against the four. statutory performance
standards. The Board has ruled that all of the questions on the applic-
ation form must be answered in order to arrive at a reasoned judgment
of a proposed development In re Black Horse Acres, Application No. �1-0005
(Aug. 6, 1970) (See also, "Regulations for the Processing of pplications,"
�1, effective January 1978.) Thus, the informational requirements of the
application provide a consistent basis for Site Location Law permit review.

The application requries, certain basic data such as the location
and size of the development and evidence of the applicant's "title, right
or interest" in the site. In addition,-the application requires specific
information related to each performance standard. In order to satisfy
the financial capacity criterion the applicant must submit detailed cost
information, as well as identify how water will be supplied to the site,
how sewage will be disposed of, and, if the project is other than a
residential subdivision, the means for disposal of solid waste. To
insure that adequate provision is made for traffic movement the appli--
cant must describe the condition of public access routes, indicate the
nature of the interior roads and parking system within the proposed
project, and estimate the traffic volume that will be generated.
Information related to the no adverse effect on the environment standard
includes the existing use of the site, description of signs on similar
devices which might have an impact on the surrounding environment, identi-
fication of adjacent waterbodies, and, if the project is other than a
subdivision, a description of landscaping plans. Soil information must
include the results of on-site soil investigations, a description of
surface drainage characteristics of the site, and measures which will be
followed to control erosion and sedimentation.

B. Adopted Board Policies and Regulations

Review standards and policies of the Board of Environmental Protection
provide detailed guidance for applicants seeking Site Location Law
permits. Where appropriate this discussion of each regulation or
policy is related to the appropriate review criterion.

1. Title, Right and Interest (9 1.4(d), effective February, 1978):
On 3/26/74, an Attorney General 's Opinion was presented to the Commnis-
sioner of the Department of Environmental Protection stating that in
order to have jurisdiction in any case under the Site Law, the Board
must find that "the applicant has sufficient 'title, right, or interest'
in the property proposed'-for development." To establish such interest,
the applicant must demonstrate "that it has control over the site and
that the site can be developed by the applicant as proposed within a
reasonable period of time." This standard could be met, the Attorney
General stated, not only ownership in fee, "but also by some lesser
interest, including a contract or option to purchase or other contractual

375

agreement to acquire a right to develop land, which right is enforce-
able by way of specific performance." The Attorney General did not limit
the manner in which such interest may be established, but stated that
a "1mere oral representation" relating to a contract or option is insuf-m
ficient to establish standing.

2. Regulations for Parking Lots (�366, effective February, 1978):
A Site Law application must include plans for landscaping and traffic
control in large parking lots. This regulation was adopted to reflect
the Board's "growing concern for the safety and the aesthetic ignpact of
large parking areas." Specific evaluation criteria require convenient,
well defined traffic and pedestrian circulation systems and landscaping
that will reduce the visual Impact of large scale parking areas,
particularly as they effect adjacent properties. In addition, the Board
has adopted detailed Design Objectives for Parking Lot Development as
"recommended guidelines" to be used by applicants in laying out parking
areas.

These regulations and guidelines assist the applicant in satisfy-
ing the traffic and effect on the natural environment criteria of the
Law.

3. Application for Approval of Mining and Excavation
Activity Under Site Location-of Development Law
and Mining and Rehabilitation of Land Law; W

Additional review criteria are provided for gravel pits over
5 acres not regulated by the Maine Department of Transportation,
and fill projects In excess of 60,000 sq. feet where a substantial change
in land contour will result. The applicant is required to provide certain
information in addition to that required by the basic application:

a. Area to be mined
b. Fill areas or topsoil storage areas
c. Drainage
d. Entrance and exits
e. Any natural vegetation to be left for screening the
operation.
f. Gates or other means for controlling access to the
site.
g. Slopes and vegetation for protecting adjacent
structures such as buildings, cemetaries, roads,
etc.,
h. Location of structures on the site, if any,

To meet these special informational requirements, the Board has adopted
a special'--application form for mining and excavation project.

The objective of these regulations is to insure "that unreasonable
adverse effects on the natural environment will not occur and that, where

376

possible, mined land will be reclaimed," that is, to meet the third
criterion of the Site Law.

4. Regulations for Natural Buffer Strips (�370, effective
February, 1978): The Board may, as a condition of approval of any
development, require the establishment of a natural buffer strip,
defined as "an area of land immediately adjacent to and running along
with the normal high water line of any lake, pond, river, stream, inter-
mittent stream, marsh, bog, or tidal wetland". Within the Buffer Strip,
Department permission is required for "activities which may impact
adversely on the body of water including but not limited to, construction,
removal of live trees, sewage disposal, removal of stumps or root systems
which hold soil in place, and the displacement of rocks, topsoil and
similar activities which would raise or allow increased soil erosion."
The width of the Buffer Strip is determined by the Board on a case by
case basis. In projects involving property transfers to the general
public, such as residential subdivisions, the Buffer Strip restriction
is required to be incorporated in deed covenants running with the land.

These regulations for Natural Buffer Strips are designed to insure
that development subject to the Site Law will have "no adverse effect
on the natural environment."

5. Requlations for Septic Tank Sludqe Disposal on Land (�420,
effective February, 1978): The basic criteria for review of applications
seeking approval of sludge disposal sites are contained in Maine Guide-
lines for Septic Tank Sludge Disposal on the Land, which ha-s-been adopted
as regulations by the Board. Acceptable methods for disposal of sludge
identified in the "Guidelines" include waste water treatment plants and
spreading, irrigation, and lagooning. The basic standards governing all
sludge disposal are as follows:

2.3 inches of sludge (62,500 gallons) per acre per
year was determined as the maximum application rate
on a well-drained soil if surfa-ce and ground water
quality are to be protected. These are approximately
500 lbs. of nitrogen in 62,500 gallons of septic tank
sludge. The maximum application rate on a moderately
well-drained soil is 37,000 gallons of septic tank
sludge per acre per year. There are approximately
300 lbs. of nitrogen in 37,000 gallons of septic tank
sludge.
More specific disposal rate standards for seven day periods keyed to
soil classifications and slope are also provided. Maine Guidelines
for Manure and Manure Sludge Disposal on Land, adopted as "guidelines"
only, provide additional standards for the disposal of septic tank sludge.

The sludge disposal regulations require the applicant to submit
0 ~~detailed soils information, reflecting the particular importance of soil

suitability for this activity. Also, `/ 7he Department may recommend
disapproval of sites due to geological seinsitivity such as proximity
to major aquifiers, public water supplies and bedrock factors." Dis-
continued sites are required to be plowed under and revegetated within
six months, or, if the site is wooded, it must be properly posted and the
public excluded for a period of two years.

These regulations are designed primarily to insure that sludge
disposal sites are located on suitable soils and that this activity will
not adversely effect the natural environment.

6. Policy on Soils Data: The Board has adopted a policy of
requiring intensive soils information based upon test pits and/or
borings done by a qualified professional to fulfill the requirements
of the soil types standard of the Site Law.

7. Soil Suitability for Site Location Statute:
The Board has accepted the Soil Suitability Guide for Land Use Planning
in Maine as the official basis for judgment on the soil performance
~ijstnad, with the provision that the Board "will make a reasonable allow-
ance to allow for proper engineering to compensate for soil limitations".

IV. ADMINISTRATIVE HISTORY

The Site Location Law was enacted in 1970. Since that time-over
1200 project applications have been reviewed by the Board. Table I pro-
vides basic information on the outcome of the permitting process in the
last five fiscal years. Since 1976, approximately 96% of all permit
applications have been approved.

In order to further evaluate the permitting process the records
of the one-hundred most recent permit decisions were reviewed in detail.
The information collected was utilized to identify the tye of projects
subject to the permitting process, the criteria relied an and the factors
considered in determining whether the 0roetscompiled with the fou-r
performance standards, and what conditions were imposed on the development
to insure compliance with the statutory standards.
Fifty-seven of the applications were for some form of residential
development, mostly single-family subdivisions. Fourteen applications
were related to waste treatment, including solid waste disposal sites,
septic waste and sludge disposal sites, or sewage treatment facilities.
Ten applications were for commercial facilities, nine for industrial
facilities, six for mining projects and the remaining four for various
miscellaneous activities. This listing is believed to be a representa-
tive sample of the types of projects subject to the law.

Ninety-seven of the one hundred permit applications were approved.
Eighty of the ninety-seven approvals had one or more special conditions

378

TABLE I

SUMMARY OF APPLICATIONS PROCESSED UNDER THE SITE LOCATION LAW
(fiscal years 74-78)

YEAR PROCESSED APPROVED WITHDRAWN DENIED HEARING HELD

'74 189 152 5 32 7

'75 257 235 1 21 11

'76 142 138 2 3 10

'77 150 145 2 3 8

'78 204 192 * 12 *

Source: Maine Department of Environmental Protection

*Information not available

attached to the Board order. In addition, every Board order includes0
a standard set of eight conditions, compliance with which is required
in order to meet the statutory performance standards. Briefly, these
eight standard conditions provide that:

1. Variation of approved development plans is
subject to Board review and approval. Further
subdivision of lots in approved developments
is prohibited.

2. The applicant shall comply with all applic-
able government laws and regulations.

3. The applicant shall submit all reports and
information requested by the Board.

4. Any advertising relating to the development
must state that approval was granted with conditions.

5. The applicant shall not transfer title to the
development without Board review and approval,
except in the case of individual lots in an approved
subdivision.

6. The applicant shall use "best efforts" to enforce
restrictive deed conditions.

7. The applicant shall take "all necessary measures"
to prevent erosion of soils on-the site.

8. If the applicant does not comply with conditions
of approval or develops the site other than as
described in the application, the terms of approval
shall be considered void.

The following discussion of the types of special conditions im-
posed on Board orders, and the criteria relied on and factors considered
in reviewing the project Is organized according to each of the four
performance standards.

1. Financial Capacity: This standard of the Act involves, in
practice, three issues: 1) the financial ability of the developer to
finance the development, including pollution control measures, 2)
assurance that pollution control measures will be adequate, and 3)
adequate provision for solid waste disposal, control of offensive odors,
and sufficient water supplies.

The Board's interpretation of the statute as authorizing review
of total financing for a project, not merely for pollution control
devices, is justified by the case of In re Maine Clean Fuels, Inc., supra

380

at 755, stating "that it is clear that the ability to finance the cost
of meeting pollution standards /is inexorably a part of the ability
to obtain total financing." Su~fic~ient evidence of financial ability
may be supplied in a variety of forms, including a corporate annual
report, a letter from a financial institution stating that project
financing has been approved or that a line of credit is available,
copies of bank statements, or by proof that no significant costs will
be incurred. Additional guidance is supplied by those cases in which
the Board found that the applicant failed to satisfy this performance
standard. The Board ruled in In re Westgate Commons (No 87-4109, 2/22/78)
that a Market Analysis Letter from H.U.D. relating to a proposed apart-
ment project did not represent a firm commitment to finance. In In re
Anderson Sanitary Landfill Dump (No. 07-4047, 12/21/77) the Board' found
inadequate evidence of financial capacity in that bank financing was
contingent upon the applicant securing contracts with the municipality.
The Board approved the project with the condition that prior to construc-
tion the applicant submit information establishing adequate financial
capacity.

The requirement of adequate pollution control devices is generally
satisfied by the standard condition that the applicant comply with all
other applicable laws and regulations, including acquisition of any
necessary pollution control permits. If sewage from the proposed develop-
ment will be treated at a municipal waste water treatment facility, the
capacity of the facility to accomodate additional discharges must be
established by the applicant. Where existing capacity is not adequate
the project is delayed until the Board reviews and approves additional
information indicating that the problem has been resolved (In re Pagona
Hill Subdivision(No. 86-4145, 3/8/78)). Where on-site disposal of wastes
is planned the suitability of soils for-this activity is evaluated under
the soil types standard.

In In re The Pittston Company (No. 29-1466, 3/12/75) the Board
established the principle that in evaluating the applicant's financial
capacity and technical ability the Board may consider whether the
"character of the applicant" indicates that he will use these resources
responsi bly:

Examinations of an applicant's prior conduct is a
measure of the likelihood of it satisfying Maine'�
environmental standards. Adequate technical and
financial capacity is predicated upon the willingness
of an applicant to use the same.

Adequate provision for solid waste disposal and water supplies
is generally satisfied by a letter from the appropriate utility or
sanitary district, or from a licensed well driller, indicating that
sufficient capacity exists. When such assurances cannot be provided
the project is either modified or conditioned. For example, in In re

Hrmon's Harbor Development (No. 86-2958, 6/14/78) citizen concerns
about the adequacy of water supplies for each lot in the proposed sub-
division led the Board to impose the condition that a central well be
installed prior to the sale or development of any lot. In re Medway
Subdivision (No. 86-3940, 9/16/77) approval of the subdivision was
conditioned on the applicant arranging for adequate water service with
the local utility. Submission of additional information on solid waste
disposal methods was made a condition for approval in In re Airport
Commercial Industridl Park (No. 39-2979, 10/26/77). The control of
offensive odors is rarely an issue in the permit review process, except
in the case of industrial or waste disposal projects. In In re Airport
Commercial Industridl Park, supra, the Board required the applicant to
submit additional information concerning odors and methods of treatment.

2. Traffic Movement: This criterion applies to "traffic move-
ment of all types," including automobiles, pedestrian circulation, as
well as ship traffic, "out of or into the development area." In evalu-
ating if proposed developments satisfy this standard the Board relies
heavily on expert review commnents prepared by the Department of Trans-
portation (DOT).

In the case of residential developments the Board is primarily
concerned with on-site traffic movement and access to and from adjacent
access roads. The Board generally requires eighteen foot wide interior
roads in residential subdivisions. Ten of the Board orders reviewed
included the condition that lots bordering on interior roads enter and
exit onto interior roads rather than major access roads in order to
improve traffic safety. Although sidewalks are not generally required,
the Board did impose such a condition at the request of a municipality
in In re Pine Ridge Estates (No. 86-4030, 10/21/77) and to meet DOT
concerns that adequate access be made for school children in In re
Medway Subdivision (No. 96-3940, 10/26/77). To insure safe access from
the development site onto major access roads, applicants may be
required to locate driveways at the crest of access roads, to clear
brush from entranceways to insure sight distances of at least two
hundred and fifty feet in both directions, or to install traffic
warning signs.

Large scale projects are evaluated to identify possible off-site
traffic impacts. In In re Westgate Commons, supra, involving a 100 unit
apartment complex, the Board denied the application, in part, on the
ground that "additional information will be needed to determine if the
existing traffic patterns can handle the increased amounts of traffic
which will be generated by the project".

Commercial projects including large parking lots are reviewed in
light of the Departmental Regulations for Parking Lots. To insure
compliance with these regulations one applicant was required to land-
scape interior parking areas, (In re Shaws Shopping Center, No. 59-

382

4332, 6/28/78) and another was required to install divider strips in
the parking lot (In re Thaws Shopping Center, No. 59-3952, 10/9/77).

In the Pittston decision the Board imposed a variety of
conditions relating to the size, time and manner of operation of
tankers transhipping oil at the proposed facility at Eastport. No
vessel of greater than 70,000 dead weight tons is permutted to carry
oil or refined products to or from the marine terminal. A Harbor
Control Officer must be appointed by the Board prior to operation
of the project. In addition, a number of operational practices and
technical safeguards were required in order to insure safe
navigation.

3. No Adverse Effect on the Natural Environment: In
applying this criterion the Board is primarily concerned with pro-
tecting natural features and processes on the site itself, and with
screening adjacent properties from the adverse effects of large-
scale development.

Fourteen of the Board orders reviewed required preservation
of Natural Buffer Strips to prevent damage to natural water bodies.
The buffers ranged from ten to two hundred and fifty feet in width,
with the majority either fifty or one hundred feet. Buffer strips
of natural vegetation were required to be maintained adjacent to all
* ~~property lines in several mining projects.

Several residential, commercial and industrial projects
were conditioned to require additional measures to prevent soil
erosion and sedimentation. In other than residential developments
landscaping of the site is required to insure that the projects fit
"harmoniously into the existing natural environment."

Inventories of critical wildlife habitat areas maintained
by the Department of Inland Fisheries and Game are relied on to
identify such areas and require measures for their protection. Three
projects were conditioned to require buffer strips or relocation of
development to avoid interference with listed Deer Wintering Areas.
Important waterfowl nesting areas have also been identified by
Fisheries and Game.

Applicants for waste disposal sites are generally required
to conduct continuing monitoring programs to insure that leachate from
the site will notcontaminate groundwater.

The approved Pittston order recognizes that this criterion
also encompasses possible ~adve-rse impact on places of "historic
importance"; this issue wa's not raised in the review of other permit
applications, however. In In re Harmons Harbor Development, supra,
the Boa rd conditioned approval on the preservation of a graveyard of

383

importance to local citizens.

In the case of developments with the potential for resulting
in major adverse impacts, the Board considers effects on the general
environment of the project. In the Pittston order the Board evaluated
whether the proposed refinery would fniter ere with the development of
a tidal power facility in the Bay of Fundy and what impact the influx
of a major workforce would have on the local conmmunity. In In re
Westgate Commons, supra, the Board denied the application for an
apartment complex T-To-rtland, in part, because the 7.8 acre site
was found to be a "unique piece of habitat for small game and birds"
in an extensively developed area. Finally, In re Stearns Mountain
Recreational Area (No. 85-3920, 2/8/78) denied the applicant's
proposal to develop a 300 site recreational vehicle compground
largely because so intensive a development was found to be incompatible
with the rural atmosphere and scenic character of the areas.

4. Soils Types: Soil types are a primary concern in
evaluating the siabilty of proposed sites for residential sub-
divisions with individual septic disposal systems. The Division of
Health Engineering in the Department of Human Services evaluates
whether the soils on each lot are appropriate for subsurface dis-
posal systems based on the State Plumbing Code. This information pro-
vides the basic standard for the Board's determination whether to
allow development of each lot. If lots do not meet the Plumbing
Code or if the soils information supplied by the applicant is
inadequate, deed covenants are imposed either prohibiting on-site
disposal or requiring Board review of adequate soils information
prior to installation of such systems. To insure safe sewage
disposal, the Board may require that several of the proposed lots
be combined or that a specific type of subsurface disposal system
be emjoloyed. In In re Atwater Subdivision (No. 86-3982, 10/26/77)
the Board approved the proposed subdivision only after the appli-
cant arranged for the disposal of sewage on adjacent property that
was suitable for subsurface disposal systems. The Board also
considers the suitability of particular soil type/land use combina-
tions using the Soil-Suitability Guide for Land Use Planning
in Maine.
In order to satisfy this standard an applicant is also
required to provide for the control of soil erosion and-sedimenta-
tion both during and after construction. Fifteen of the permit orders
reviewed imposed conditions requiring additional design specifica-
tions for drainage ditches and requiring the application of seed
and fertilizer to stabilize disturbed soil.
Conditions are imposed on orders approving waste dis-
posal sites to insure that the projects comply with the regulations
for sludge disposal sites including appropriate application rates for

384

the site soil classification, and groundwater and soil water
monitoring programs. Applicants for solid waste disposal sites
are required to insure that a prescribed distance, generally four
or five feet, is maintained between the waste material and
groundwater.

385

INSTRUCTIONS
ulnr Dqprtmnmto En'nrtmm' Pnll.',, Applh ,eo.
.urm oTed ClhYm Cb� t@oIl ITo wb I,.*d in by DEPI
L_,t,,,.. k,.,,.s,5~ 0 SITE LOCATION APPLICATION
T t,(,Nha: nil-'t

APPLICATION FOR PROJECT APPROVAL 1. Fill out the application completely. Incomplete applications will be returned.
UNDER THE SITE LOCATION OF DEVELOPMENT LAW
(.8 MRSA �481-4li4lh 2. Publish the public NOTICE once in a newspaper circulated in the jicJ where the proiclt is
located. (A form is provided for this and is attached to this application.} The notice shold
appear in the paper during the week the application is filed with this department.

3. Send a copy of the NOTICE form attached to this application to the owners of prcper[V
abutting the project. Their names and addresses can be obtained from town tax m;aps ui tu..Jl
PLEASE TYPE OR PRINT: public officials. Abutters should receive notice during the week the application is fi ed vth this
department.
Name of Applicant:
4. Send a copy of the NOTICE form attached to this appiication and a duplicd:e of the ,.'.ica:,o,
Address to the Municipal Ollffice, or if the project is located in an unorganized area send the du,plicate to
the Office of the County Commissioners.
Telephone Number:
5. Attach a complete copy of deed, lease, purchase option, or other evioence of yo'ir title, '.jht or
Local Contact (Name & Tel. No.) interest in the property.

6. If any site plans, drawings, soils maps, or other data ale on sheets larger thlJnl 8', X 14". 1 1
copies must be submitted. If information is on 8R/ X 14" sheets. or smraller, onl' on. ,-,"p� is
Location of Activity needed.

Lw Name of Project: 7. Send the application along with all attachments to: The Department of Environmental
a) Protection, Bureau of Land Ouality Control, State House, Augusta, Maine 04333. If any t;ern i
Street or Route Number: missing, the application will be returned.

Municipality or Township:

County:

NOTE

By signing this application the applicant certifies that he has (1) published the public notice once in Be sure to send your application in well in advance of the date on which you plan to start the
a newmvspaper circulated in the area where the project is located, 12) sent a copy of the notice form to project. Processing may require 30 to 45 days.
the owners of property abutting the land upon which the project is located, (3) sent a copy of the
public notice form to the chief municipal officer and chairman of the municipal planning board. The Department does not require that the application or plan be prepared by professionals.
and (41 filed a duplicate of this application in the municipal office. However, past experience indicates that professional assistance is helpful and in many Instances this
advice can be used to overcome site limitations through proper design.

DATE: NAME:

TITLE
til other Ilhn 1 pl. c. nt, alach i thll 01 ogfnit authoidllioon

IF APPLICANT IS A CORPORATION ATTACH
CERTIFICATE OF GOOD STANDING FROM
THE SECRETARY OF STATE OF MAINE

1. State below the objectives of the prolect as proposed, including, as appJriale, number of lots, si. 7. Describe below the surface drainage characteristics of the site.
buildings, parking lots. etc.
Does it abut or include a water body

What is the water body (name)

Nature of shoreline (rocky, sandy, wooded)

Will changes in surface drainage affect other properties (explain)

2. If the project is an expansion of an existing project or facilities, submit a brief summary uf all perti
aspects of the existing facilities and/or the larger project. General slope of ground in area (flat, steep, etc.)

Any portion of site subject to flooding or ponding (describe)

3. a. State approximate date for start of construction

bh. Stare approximate date for completion of construction 8. Submit the appropriate U S.G.S. topographic map which includes the pro;act site. Indicate on the m.:p

4. Insert below the number of acres: (a) Location of boundaries of the project as proposed.

InclJruded in the project lb) Location of boundaries of all property involved in a larger pro;ect of plan, if any.

., Owned 9. Submit 11 copies of site plans, drawn to a scale sufficient to show ali details and be e:t.roly lhdjole
Ow (Recommended Scale 1" 100')
~- Leased
(a) Location, function and ground area of all structures and facilhtes.
Optiocned
(b) Location, ground area of parking lots and length of a;i roads.
Other (Explain
(c) The nature and extent of any site work such as filling, grading. drainage, oreda;r,j. etc.
5. What is the existing use of the site (farmland, wood lot, commercial, etc.)?
((d) The nature and extent of any proposed constructlon or facilities related to the project.

10. Attach the results of an on-site soil investigation done by a cualtfied evalua;o r, cludinit a uli rr,;p ;o the
B. a. State below the estimated total cost of the project, as proposed in this application, and itemize n same scale as the site plan. II it does not interfere wi;l o;Iher Il:urma;i. n, ti ,. sWs d s, ;;Ili.u.. , h.,-:_ , il
calegories, inc;luding estimated costs of activilies to be duvoled to minimizing or preventing ad. demarcation and test pit locatiens may he shown dirtCc;y orn il. sire pl.l. ?It i:.;i, . j':l . .l. l,
effects on the surrounding environment during constrnJction and/or operation of this project. subdivision test pats must be made and reported on each proposed lot. Ali other up;'Cel~i.S sl.,:-.idl Xiar
test pits made in areas of proposed subsul lace sewage disposal and/or construction ;oc.ltion
Legal Water Supply
11. Attach plans and statements indicating measures which will be followed to control irosu,0l ai.d
Surveys Landscaping sedimentation during both the construction phase and after completion of the project. The_;c should
include, but not belimited to the following:
Roads Erosion Contlrol
(a) Drainage and slope data to include location and size of culverts, areas to be riprapp,:d, location and
Sewvrs Other typical cross-section of drainage ditchels.

Structures TOTAL (b) For areas to be seeded indicate seed mixture by percent, type of fertilizer, application rates
(pounds/100 square feet) of seed, fertilizer and lime.
b. Attach a statement as to how you plan to finance the project. If the costs involve more than n(:
legJs fees and surveying. personal or corporate financial statements or a specific letter from a bar c) Areas to be mulched and type of mulch.

(d) Sedimentation pond location and appropriate engineering data where app!icable

(e) Schedule of approximate dates for implementation for a. through d. above.

Plje 4

12. Check how water is to be supplied to the site: 19. State below the present condition of the public access routes to the prop..Ad project, including the type.
condition, and width of road surface and number of travel lanes.
Individual wells (by lot owners)

Central well(s) with distribution lines (by applicant)

Off-site utility company or public agency

Other (explain)

13. If water is to be supplied by a method other than individual wells, state the name and address of the
person or agency responsible for the quality and maintenance of such supply and the installation
pe rson o r agency responsible for th e quality and maintenance of such supply and the installation 20. State below the nature of the interior roads and parking system within the proposed project, including
the type and width or road surface, length of roads, number of lanes, parking areas and capacity, tle
width of right-of-way, and the estimated completion schedJle. If roads are to be built "to town
standards" attach a copy of these standards. Plans must include a typical cross-section of oad:; proposed.
14. If the water supply is to come from a well(s) attach data establishing that a sufficient quantity and
quality of water is available for the estimated needs. (For example, a letter from a local well driller or
data from a test well.)

15. Check how sewage is to be d;sposed of:

Individual septic tanks (by lot owners)

Central on-site disposal with collection lines (by applicant)

_______ O1ffsite utility company or public agency 21. Attach statement of road and/or parking lot maintenance responsibility. (If the road(s) are to be
_____ OtherW dedicated as a town road, indicate vdwho will maintain the road until the town accepts respiibhdiy.)
OD Other

16. If sewage disposal is to be provided by a method other than individual septic tanks, state the name and 22. If project is other than a subdivisior, state plans for landscaping and show de:a,:s on site plan or a
address of the person or agency responsible for the maintenance of such system and the installation separate landscaping plan. Landscape plans should include as a minimum: species type ard location n
schedu;e. Provide a letter assuring that proper service is, or will be, available. trees ano/or shrubs, size of trees and/or shrubs, plantinJ dates.

23. If other than residential subdivision state below the estimated average number of vehicles per day
anticipated on or using the site.

17. (a) If the proposed project will discharge any liquid waste from any commercial or industrial processing,
or any sewage, into any stream, river, pond, lake or other body of water, including tidal waters, 24. If other than residential subdivision, state below the manner in which police and fire service requiremennts
provide the following information; of the proposed project will be provided.

BODY OF WATER TYPE OF DISCHARGE QUANTITY (Gal/Day)

(b) Has a waste discharge license been applied for from the Department of Environmental Protection,
Bureau of Water Duality Cuntrol? Check Olle: YES 0 NO 0
25. Check or add to the list below, all environmental or land use licenses, permits or authorizations which are
18. If other than resident;al subdivision, state below the volume and nature of all solid waste products or may be, required from any governmental agency. Indicate those now held with an asterisk. (I
(rubbish, garbage, stumpage, etc.) to result from the proposed project and indicate method of collection
and location of ultimate disposal. Building Permit Local Subdivision Approval

Plumbing Permit Highway Entrance Permit

Zoning Variance Other

Air Emission License

Page 5 Waste Discharge License
Page 6

NOTE: Use this form or one containing identical infornmariot.
26. State below whether the proposed development will require the install. . of advertising signs, display
liht.ing, or any similar device which might have an impact on the surrounding environment.

Check One: Yes : No O (If yes, explain) NOTICE

(To owners of abulting property, municipal officials and newspapers)

27. Attach a copy of any deed covenants, restrictions and/or association agreements to be imposed on
prospective purchasers and/or occupants of the development. Please take notice that

iNoni, of Appicaonti
28. List below the names and addresses of the owners of abutting property. dmofApCn

(Add es s of ApphlC a )
NAME ADDRESS is filing an application for a Site Location Permit with the Maine Department of Environmen',i

Protection pursuant to the Provisions of Title 38 MRSA Sec. 481489 to

(Stet, $OOcltcell� what is to 00 dOnel

CHECK APPLICATION FOR COMPLETENESS in the town of
{Ifirne of Mincpeli[�}

The application will be filed for public inspection at the Department's Off lice in Augusta and at :-hc

municipal offices on ,9 9-

Written comments from any interested person must be sent to the Department of Environmenia:
Protection within 14 days of filing of the application to receive consideration.

Page 7

ment, Indoor and outdoor Incinerators of all types, refuse' dumps and pi
and all machinery, equipment. stack, conduit, flue, duct, vent, chimney or ol
apparatus leading out of any of the foregoing.
3. "Air pollution" means the presence in the outdoor atmosphere of oni
more air contaminants in sufficient quantities and of such characteristics
duration as to be injurious to human, plant or animal life or to property
which unreasonably interfere witl the enjoyment of life and property throt
out the State or throughout such areas of the State as shall be affected th
;IATERS AND NAVIGATION 38 � 582 by: excluding. however, all air conditions subject to the requirements
employer-employee contracts, and state or local labor laws and Industrial cc
Insofar as these excluded air conditions are confined to and exist solely wit
the property boundaries of the person giving rise to that air condtlion.
CHAPTER 4 4. "Alr pollution control apparatus" means and includes any means, mete
process or equipment which removes, reduces or renders less noxious the ea
PROTECTION AND IMIPROVEMENT OF AI sion of air contaminants into ambieCt air.
5. "Ambient air" means all air outside of buildings, stacks or exterior du
',-A. Best practical treatment "Best practical treatment" means t
method which controls or reduces emissions of air contaminants to the lon
Cross Relerence - possible level considering:
Solid waste manageme nt act. regula- by this chapter. lee 1 1304. subsea. I Of A. The then existing state of technology;
t. The effectiveness of available alternatives for reducing emlsst
S 581. Declaration of findings and Intent rm the source being considered;
� The economic feasibility for the type of establishment iivolved.
The Legislature finds and declares that air pollution exists with varying 6. 'Commssion" means the Water and Air Environmental Improvem
degrees of severity within this State: that such air pollution Is potentially Commission,
and in some cases actually dangerous to the health of the citizenry, often
,causes physical discomfort, injury to property and property values, discourages
recreational and other uses of the state's resources and Is aesthetically un- - ' n"m'ans a rlease of air contaminantsIto ambient air.
appealing, 7-A. '}Emi- o Sion" meanse o air contaminants'Into ambient air.
The Legislature by this chapter Intends to exercise the police power of the -A. Emisaion source, Emission source" means any and all sources
State In a coordinated state-wide program to control present and future sources emissions of air contaminants, whether privately or publiclr owned or 0;
of emission of air contaminants to the end that air polluting activitles of every ated.
type shall be regulated In a manner that reasonably insures the continued 7-8. Fuel-burning equipment. "Fuel-burning equipment" mean f
health, safety and general welfare of all of the citizens of the State; protects nace boler, apparatus, stack and all appurtenances thereto, used *Pr
property values and protects plant and animal life. ess of burning fuel for the primary purpose of producing heat or power
Sothing in this chapter is intended, nor shall be construed, to limit, impair. indirect beat transfer.
abridge, create, enlarge or otherwise affect. substantively or procedurally, the 7C Fugitive dust. "Fugitive dust" means solid air-bore particul
right of any person to damage or other relIef on account of Injury to persons matter emitted from any source other than a flue or stack.
or property due to violation of air quality standards or emission standards and 7-0. General process source. "General process source" means any ei
to maintain any action or other appropriate procedure wterefor; nor to so slon source, except fuel-burning equipment, Incinerators, mobile sources, o;
affect the powers of the State to initiate, prosecute and maintain actions to burning sources and sources of fugitive dust.
abate public nuisances. 7-E. Incinerators. "Incinerators" means any device, apparatus, eqr
e1969,pu cb44, nuisans. ment or structure used for destroying, reducing or salvaging by fire I
Amencdmnts: material or substance, and shall be classified as follows:
-i969. Chapter new. A. Class I. Portable, prckaged, completely assembled, direct fed Inc
erators 5 to 15 cubic feet primary chamber volume or a burning rate
5 582. Definitions 25 to 100 pounds per hour of type 1 or type 2 waste or a burning rate
A-s used In this chapter: 25 to T5 pounds per hour of type 3 wvaste;
1. "Air contaminant" Includes, but Is not limIted to, dust fumes, gas, mist, 8. Class I-A. Portable, packaged or job assembled, direct feed Incin
particulate matter, smoke, vapor or any combination thereof. atom with 5 to 14 cubic feet primary chamber volume or a burning r
2. "Air contamination source" means any and all sources of emission of of 25 to 100 pounds per hour of type 1 or type 2 waste or a burning r:
air contaminants, whether'privately or publicly owned or operated. Without of 25 to 75 pounds per hour of type 3 waste;
limiting the generality of the foregoing. this term includes all types of business, C. Class 11. Flue-fed, single chamber Incinerntors with more than
commercial and industrial plants, works, shops and stores; beating and power square feet burning area, for type 2 waste. This type of Incinerator
plants and stations: building and other structures of all types, Includin g served by one vertical flue functioning both as a chute for chargJ
single and multiple family residences, apartments, houses, office buildings, waste and to carry the products of combustion to atmosphere:
hotels, restaurants, schools, hospitals, churches and other Institutional build- D. Class lI-A. Chute-fed multiple chamber incinerators, with mt
lngs; garages and vending and service locations and stations, railroad locomo- than 2 square feet burning area, suitable for type I or type 2 was
tires, ships, boats and other water-borne craft; portable fuel-burning equip- Tis type of incinerator is served by a ertical chute for charging was,

390

from 2 or more floors poive the incinerator and a sepnaute flue for l:g'it obscuring density or opacity of any black emissions or any otber such
carrying the prodlucts of combustion to the atmlosphere: device wbich way be approved by the board.
E. Class III. Direct-fed incinerators Kwith a burning rate of 100 pounds 12. Waste. "Waste' means refuse, garbage, rubbish, trash or unwanted
per hour and over, suitable for type 3 waste: or discarded materials of any kind and source whllich shall be classified as
F. Class IV. Direct-fed incinerators with a burning rate of 75 pounds follows:
per hour or over, suitable for type 3 waste: A. Type 0. Trash, a mixture of highly combustible waste such as
G. Class V. 5Municipal incinerators suitable for type 0, type 1, type 2 or paper, cardboard cartons, woodboxes and combustible floor sweepings
type 3 wastes, or a cumbilnation of (ill 4 wastes, with a ratel capacity ex- from commercial and Industrial activities. Tile mixtures contain up to
pressed in tons per 24 hlolrs: 10% by weight of plastic ba:gs. coated paper, laminated paper. treated
H. Class VI. Crematory and pathological Incinerators, suitable for corrugated cardboard, oily rags and plastic or rubber scraps. This type
type 4 waste; of waste contains about 10% moisture and 5% Incombustible solids and
I. Class VII. Incinerators designed for specific by-product wastes, type has a heating value of approximately $s500 I.T.U. per pound as fired.
5 or type S. B. Type i. Rubbish, a mixture of combustible waste such as paper.
7-F. Modifilcatlon. "Modification" means any physical change to er cardboard cartons, wood scrap, foliage and counbiistible floor sweepings
change In the method of operationl of ally emision source which increases from domestic, commerciAl nod industrial activities. Thle mixture con-
the amount of any air pollutant, to which a standard applies, crmitted by tains up to 20% by weight of restaurant or cafeteria waste, but con-l
such facility-or which results In the emission of any air pollutant, to which tains little or no treated plpers, philstic or rubber wastes. This type of
a standard applies, not previously emitted, except that: waste contains about 25%; moisture and 10% incombustible solids and
A. Routine maintenance, repair and replacement shall not be consid- has a heating value of approximately 06,0 B.T.U. per pound as fired.
ered physical changes and C. Type 2. Refuse, consisting of an approximately even mixture of rub-
B. The following shall not be considered a change In the method of blsh and garbage by weight. This type of waste Is common to npart-
operation: meat and residential occupancy, consisting oI up to 50% moisture, 7%'
(1) An Incre ase In production rate, if such Increase does not exceed Incombustible solids and a heating value of approximately 4300 B.T.U.
the operating design capacity of the emission source of any compo- per pound as fired.
nent thereof; D. Type 3. Garbage, consisting of animal end vegetable wastes from
(2) An Irncrease iln hours of operation: restturant,tr, cafeterias, hotels, hospitals, rnlrkets and like Installations.
(3) Use of an ntternative fuel or rav material If, prior to the date i This type of taste contains up to 70% moisture and up to 5% Incom-
any standard under this chapter becomles applicable to such emis- bustlble solids and has a heating value of approximately 23500 B.T..
sion source, such source is designed to accommodate such alternative per pound as fired.
use. -E. Type 4. IIuman and animal remains, consisting of carcasses, or-
B. "Municipality Include' , for purpoqes of enacting an air pollution con- gans and solid organic wnates from hospitals, laboratories. abattoirs,
trol ordinance, only cities anul organized towns, animal pounds and similar soulrces, consisting of up to 85% moisture,
8-A. Opacity. "Opacity" means the degree of light obscuring capability 5% Incombustible solids and having R heatng value of approximately
of nonb.ack visible air 'contallinant expressed as a percentage. Complete 1000 B.T.U. per pound as fired.
F. Type 5. By-product waste, gaseous, liquid or seml-liquid, such as
tar, paints. solvents, sludge, fumes. etc., from industrial operations.
8-8. Open burning. "Open burning" nleans the burning of any type of B.T.U. values must be determined by the individual materials to be de-
combustible material In the operl amlbient air without being completely en- stroyed.
- closed and whllre tile prodlucts of comnbustlon nre emitted directly Into the G. Type 6. Solid by-product waste, such as rubber, plastics, wood
ambient air without passing through n st;ck, chiney or duet or other device waste, etc., from Industrial operations. B.T.U. values must be deter-
or structure. mined by individual materials to be destroyed.
9. "Person" means any individual, partnership, corporatlon, whether private, 1969, c. 474, � 1; 1973, c. 4.S, I9 1 to 6.
public or quasi.municipal, municipality, state governmental agency or other Amendment%: Changes of name. Water and Air Fn.
legal entity. -1973. Added subsees. 5-A. 6-A. 7-A vironmental improvement Commission
9-A. Process weight rate. "Process weight rate" means the average total o19 B nac- d this section 1 . meat Commis sion : an d later ns mepr-
weight of all materials, not ilcluding any gaseous or liquid fuels or corn- ing Board ot Environmental Protection,
bustion air, Introduced 'Into any manufacturing, Industrial or combustion see note under i 3ct or this Title.
process that may result in the emission of particulate matter to the ambient
air, computed on an hourly basis, and shall be expressed In terms of weight 5 583. Establishment of air quality regions
per unit of time. The commission may establish reasonable air quality regions withln the
10. "Region" means air quality regions established pursuanit to section 58& State for the purposes of conducting air quality studies, and cstablisbint rea-
Additional words, terms nnd phrases, whether used In this chapter or not, sonable ambient air quality standards and emission standards therein.
may be defined for purposes of this chapter by tile commission by regulation, The following air quality regions, established by the commission are adopt-
but in no case may it definitlon established by this scction be altered by corn- ed:
mission regulation. 1. Metropolitan Portland Air Quallty Region. The Metropolitan Portland
II. Ringelmann Chart., "itingelmann Chart" shall mean the chart pub- Air Quality Ilegion shall consist of the Counties of York, Cumberland, Saga-
lished and describedJn the U. S. Bureau of i~eas lforrmation Circular MS1:13, daboc and the municipalities of Ilrownfield, Denmark, Fryeburg, Illram and
on which are illustrated. gradluated 6h);.de ogray'for Use In estimating the Porter In the County of Oxford.
I-A. Portland Peninsula Air Quality Region. The I'ortlatd Peninsula Air
Quality Region shall consist of that section of the City of Portland bordered
on the west by Interstate 95, on the south and east by the Fore River and on
the north by Casco Bay and the Inlet to Back Bay.
[See 1973 Supplenentary Pamphlet for tezt of 2 to 5]
1075, c. 669, 1.
Amendments:
-1975, Subsectlon I-A: Added by
C. 669.

391

2. Central Maine Air Quality Region. The Central Matne Air Quality
Region shall consist of the Counties of Androscogsgin, Kennebec, Knox, Lin.
coin and Waldo; of the municipalities or New Portlnrd, .rabderL, Solh,
Athen,, Hiamonyn, Cantbridlge, !tiply and all other inunlciprlitis in Sone:r-
si't County isi ti Srilt, i of rthl se: of thile nl111icipalltips and unorganized ter-
ritory of Township No. 6, Phillips, Salemn Townshipl, Preemnart Township and In establishing such effective date, the commission shall consider the degree
all other rnurilcipalitiei and tinorg:aizldj territory in Franklin County to the air pollution existing within tile region, the length of time necessary to in-
fsouth of these: and of the nmunicipalities anti unorganirzed territory of Stow, foriL persons affected by the establishment of such standards ot their existence,
Batchelder, Grant, Gilead, Riley T. A. No. 1, GrafIton T. A. No. 2, Andorver the time needed by the comrssion to implement effective controls, and the
North Surplus, Byron and alli other rnmunicipalities in Oxford County to the time needed by persons affected to design and install air pollution control
South and east of these with the exception of those municipalities within the apparatus to comply with such standards. .
Metropolitan Portland Air Quality ItLegion. :1975, e. 282, 2.
Amendments:' last publication to be at least 3. days
3, Downeast Air Quality Region. The Downeast Air Quality Region shall Am-1975. In 2ndments: paragraphto te at ea .
-lSS. In 2nd p aarpdeleted before the date of the hearing"�..
consist of the Countcie or lancoc. and Washington; of the municipality from end "and of the ate t me and United tates Supreme hrgrt
fromend"andof he dte.tine and United States Supreme C~ibrt
of Stacyvllle, the unorganized territory of T. 3, R. 7, V/.E.L.S., T. 3, Rt. $, slaoma nhewspapenr b pulctof g en eorgl.al c i srculpati on
place of the hearing by publication In Georgia. Approval of steAe plans for
Of Stacyville, the unorganized territory of T. 3, R. 7, WX'.E.L.S., T. 3, It. 8, some newspaper of general circulation achievine federal ambient air quality
WV.E.L.S. and all other municlpalities and unorganized territory In Penobscot throughout the region. or If none, In the standards. see Train v. Natoral Re-
County to the south of these; antd of the munlicipalities and unorganized ter- sation to be aert date o the frst pul- sources Defense Council, Inc,, 1975, 95
tion to be at least 45, and the dale o f S.t 1470.
ritory of Blanchard Plantation, Monson, Willirnmanttc, Bowerbank, Barnard . ..
Plantation, T. 0, iP. S, W.I'.L.S. (Willinlashlurg Township), 'Brownville, Lake 514-A. -Enactment
View Plantationi and all other municipalities and unorganized territory In The ambient air quality standards set forth in this section, which are es
Piscataquls County to the south of these. pressed in terms of 25' centigrade and 760 millimeters of mercury pressurf
4. Aroostook Air Quality Region. The Aroostook Air Quality Region shall shall apply in all air quality regions:
consist of all municipalities and unorganized territory in Aroostook County i. Particulate matter.
not included within the Northwes: AMr Quality Region. A. Particulate matter concentration for any 2hour period at any C
5~~~ ~~~~~~~~~~~~~~~~~. Po Particulate matter conlcentration for any 2-J-heur period at'any Ic
5. Northwest Maine Air Quality Region. The Northwest Maine Air Quality cation shall not exceed 100 micrograms per cubic meter.
Region shall consist of the nmunicipality of Upton, the unorganized territory B. The annual geometric mean of the 24-hour particulate matter con
of C Surplus Township, C Township and all other nmunicipalities and unor- centrations at any location shall not exceed 50 micrograms per cubic meter
ganized territory In Oxford County to tile north of these; the municipalities 2. Sulfur dioxide.
and unorganizedl territory of D Township, E Township, 'Madrid, T. 4, It. 1, A. Sulfur dioxide concentration for any 3-hour period at any locatioe
B.K.P., W.Kl.R., Kingfield and all other mnunicipalities and unorganized terri- shall not exceed 1151 micrograms per cubic meter.
tory In Franklin County to the north or these; of the municipalities and un- B. Sulfur dioxide concentration for any 24-hour period at any locatior
organized territory of Lexington Plantation, Concord Township, lingliam, shall not exceed 230 micrograms per cubic meter.
Brighton Pnlantatlon and all other municipalities and unorganized territory C. Theannualarithmetic meanofthe24-hour average sulfurdioxidecoo
In -qornerst Coun~ty to ilie nlorthl o thecse; of the municipalities anti unor-
ganized territory of Shirley, Elliottsville I'lantation, T. 7, R. 9, W.E.L.S., T. 6,arbon mon
I. 9, W.E.L.S. (Katahdin Iron Works), T. 5, R. 9, W.E.L.S., T. .4, R. 0, 3. Carbon monoxide.
\V.E.L.S. and alt inuilicipaiitiesr antItnorganizeti territory in Plecataluis kA. Carbon monox ide concentration for any 8-hour period at any lo'-
W .E .L .S. and All mu nicipalities and t morgan ized t ritr In P i scat nquis to h l o xe d 1 i l 11 a n e u i e e , e cp ltc ~ a .
County to the north of these; of the mun!cipality of Patten, the unorganized S.Crom nox d ettinfr ayIou lt
tion shtal not e::ceed 10 mihltgralns per cubic meter, except once er
territory of T. 4, It. 7, W.E.L.S., T. 4, it. S. W.E.L.S., and all other municipal- Carbon monotxde cancentration for any -hour period at c
Ities and unorganized territory In Penobscot County to the north of these; 'ton shall not exceed 40 milligrams per cubi meter, ecep oe r.
and the municipality of St. Francis, the unorganized territory of T. 16, R. 9, 4. Photochemlcal oxidant. Photochemical oxidant concentration for any
'WrE.L.S., T. 15, I. 9, W.E.L.S., T. 14, 1I. 9, WI.E.L.S., T. 13, R. 9, W.E.L.S., 1-hour period at any location shall not exceed 160 micrograms per cubic
T. 12, It. 9, W.E.L.S., T. 11, It. 9, W.E.L.S., and all other municipalities alnd meter, except once per year.
.unorganl~~~~~~~~~~~~~~~~~edterlo~I ralo onyt texcept onc pher ea.
.unorganized territory In Aroostook County to the west of these. 5. Hydrocarbon. Hydrocarbon concentration for any 3-hour period at
9199, c. 474, � 1; 1071, c. 3-16. i any location shall not exceed 160 micrograms per cubic meter, except once
I 583-A. Repealed. 1977, c. 300, � 39 ' - per year.
The repeale�~ ad sectiivon,.. 6e.lr Ntroe dixie.
The repealedi section . rel to reu- B. Nitrogen dioxide. The annual arithmetic mean of the 24-hour average
wes d erived from 1975. o. 28 Ii I. .'* nitrogen dioxide concentration at any location shall not exceed 100 micro
was derived from 1976. e t
grams per cubic meter.
584. Estahllshment of ambient air quality standards 1972, C. 570.
The commission shall establish and may amend reasonable standards, hero Amendments: Cross References
In called "ambient sir quality standards," wvithin a reasonable air quality -1972. Enacted this section. Solid waste management act, regul-
rlens not to exceed standards authorized
region regulating and limiting the amolunlt and types of air contaminants which by this chapter, see 130, subsetc. Ioe
bythis Tiatlerse110,sb. Io
may exist in the amnbient air of such region. Such standards shall be designed this Title.
to preserve or enhance tile quality of ambient air within such region and to
prevent air pollution.
Prior to tile establishnent or amendment of ambienlt air quality standards, � 585. Establishment of emission standards
the board shall colnduct a pulllic hearing int some municipality within the The commission may establish and may amend standards, herein called
region, and shall give public notice of its Intent to establish standards for "emission stanclards", limiting and reu.lating in a Just anti equitable manner
~~~~~~~~~~the region~, ~the amount and type of air contaminants which may be emitted to the ambient
At such hearing the colnmissioni sball solicit and consider testimony concern- air within a region. Such emission standards shall be designed to prevent air
ing the existing quality of the ambient air within the region; the recreational, pollution and to achieve and maintain the ambient air quality standards within
Industrial and residential uses of land within the region; the effects of exist- the region In whict applicable.
Ing air contaminants and air pollution upon such uses; the availability and Prior to the establishment or amendment of emission standards, the corn-
effectiveness of air pollution control apparatus dlesigned to control and reduce mission shall conduct a public hearing i, some municipality Within the region.
such existing air contaminants and air pollution; the expense of purchasing At such heaing the cmmsion shall solicit and onser testimony cnern-
and nlustalling the same, and such other evidence as in the comnmisslon's judg- A l hearing the combission shall soqualicit standards of the region; the existimony cemisoncern-
ment will enable it to determine and establish the standards of air quality standards of the region the estin emissions
necessary to pr nt air polution within the rio of air contaminants within tle region, their nature, amount nad sources;
necessary to prevent air pollution within the regiom . . the effect of such emi.ssions upon thle ambient air Qnallty standards of the
After hearing the commisslon shall by order establish or may amend reason- region; the availability, effect of such emiions ut te ambiend cost o air polality staiondards of the
able ambient air quality standards for the region, regulating and limiting the region; the availability, erectiven and cost of air pollution control apr
amount and type of air contaminants which may exist in the ambient air of pnaratus designed to prevent and control ir pollution caused my itich emal-
such region, which standards shall be designed to achieve the purposes set tlond, and stih other mvideince as in the conmisslon' Judgment wIll enable
forth in the first iraragraph of this section. The order shall state the date up- It to determine nAntil establish emission standards for the region which il
on which such stanidarmis, or ally of theim,' become effective, and {uch regions achieve and iintain the ambient air quality standards therein.
and standards shall thereafter be In effect until 90 days after the date of ad-
journment of the next regular or special session of the Legislature unless such
next regular or special session shall adopt by legislative enactment such air
quality regions and stalndards.

392

If the variance is granted on the ground that It Is Justified to relieve or
prevent hardship of a kind other than that provided for in sul,sectlons I and
2, it shall be only for such time as the commission considers rcasonable.
! 585-A. Establishment of standards Any variance may be renewed on terms and conditions and for periods which
The commission may, after tile establishment of ambient air quality stan- would be appropriate on initial granting of a variance. If complaint is made
dards and emission standards, estnblish and amend reasonable standards and to the commission on account of tile variance, no renewal thereof shall be
regulations to implement almbient and emisslioli standardls established by the granted, unless following public hearing on tile complaint on due notice, tb:
commission. Such standards and regulations shall be designed to achieve and commission finds that renewal Is juutified. No renewal shall be granted except
maintain ambient air quality standards and emission standards within any on application therefor.
region and the prevention of air pollution. Any person adversely affected by a variance or renewal granted by the
Prior to tile establishment or amendment of such standards and regulations commission may obtain judicial review thereof by a proceeding in the Superior
the commission shall conduct a public hearing thereon. At such hearing the Court. Judicial review of the denial of a variance or denial of renewval thereof
commission shall solicit and receive testimony concerning applicable ambient may be had only on the ground that the denial was arbitrary or capricious.
air quality and emission standards: the availability. effectiveness and cost - Nothing In this section and no variance or renewal granted pursuant here-
of any air pollution control apparatus designed to prevent or control air to shall be construed to prevent or limit the application of the emergency
pollution or violations of ambient air quality or emission standards which provisions and procedures of section 347, subsection 2, to any person or his
would be required by any proposed standards or regulations: and such other property.
evidence as In the commission's Judgment will enable it to determine and 1973, c. 682, eff. Feb. 19, 1974; 1975, c. 282, � 3; 1977, c. 300, i 42.
establish standards and regulations adequate to maintain applicable ambient Amendments:' -1975. Repealed and replaced 2nd
air quality and emission standards. -197-7. Chapter 00. � 42 subsltituted paragraph.
"347, subsection 2." for 5"693" in the -1973. In tst sentence lof Znd para-
After hearing the commission shall by order establish or amend reasonable. last paragraph. graph added at the end ", unless there
standards and regulations which shall be designed to achieve the purposes set are hin that ro.
forth in tile first paragraph of this section. The order shall state the date I 588. Repealed. 1977, c. 390, 3 43
upon which such standtardls and regulations or any of them, become effective, The repeaed n. r a
and such standards shall there:'!ter be In effect ulntil 00 dlays after the date of transcript to be made of all hearings.
adjournment of the next regular or special session of the Legislature unless was derived from'1969, e. 474, � 1.
such next regular or special sesslon. shall adopt by legislative enactment such 1589. Registration; penalties
standards. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~{ suh 589. Registration; penalties
standards.
197, c. 300, 1 41. The commission may require the registration with it of such persons or air
Amendments: contamination sources of the type it may by regulation prescribe engaged in
-1977. Chapter 300. ! 41 repealed the activities whilch emlllt air contaniunanits, and may also require persons operat-
Ind sentence of the 2nd paragraph. lug stationary air contamlnntion sources to install, maintain and Iuse such ra-
sonlable emission monitoring devices as tile commlssiom. by regulation many
prescribe.
1 586. Subpoena power The commission may also require such persons to tualke periodic reports to
It containing informaltion relating to location, size of outlet, height of outlet.
The commission may issue subpoenas to compel the production of books, rate and period of emlsslon and composition of air contaminllants, location and
records nnd other data related to the matters in Issue at any commission type of air pollution control apparatus, and such other lfarnf ation at the
bearing. commission nmay by regulationl prescrlhe.
* It any person served with such subpoena claims, at or before the hearing Failure to register, to install, maintai nand use emssion monitoring tie
that the production by him of books, records or other data under his control
r vices or to file reports simll reuder the falling party liablie to the peunltlex
IS sonulgt, that such production may disclose secret processes, formulae or prescribed In sectios 348 and 340 for violation of hoard orders.
methods used by him or unrer his direction, such information from such books. I7, c. 300, 1 44.
records or other data shall be disclo.edl at a nonpublic portion of the hearing Amendments:
and the record tiercof shall be confidential. -1977. Chapter 300. I 44 substituted
If any person refuses to obey a subpoena issued by the commission under at "55 and 5paa6" ian the
this section, the commission may npply to any Justice of the Superior Court
for an order compelling sluch person to comply with the requirements of the 590. Lcensing
subpoena. Sucht justice may issue such order and may punish failure to obey After ambient air quality standards and endssion standalrts hare been
the same as a contempt thereof. established within a region, the coanruisslon may Ily regulation provide that no
1060, c. 474, 1. person shall operate cr maintain therein any air contamination source or emit
..... 'L any air contaminants therein without an cmlssion license from the commis-
sion.
9 587. Variances ' Application for such licenses shall be made li such form and contain such
Any person who owns or is In control of any plant, building, structure, proc- Information relating to the proposed air contamlilnation souree and emission
ess or equipment may apply to the comnmission for a variance from ambient air of air contaminants as the commission may by regulation prescribe. Within
quality stand:trds or enlissioln standl:lrd promulgated under this chapter. The 30 days of receipt of a properly completed application, the commission shall
application shall be accompunied ,y such information and data as the cnm- either grant the license, deny the license or order a hearing thereon. Within
mission may reasonably require. The conmmission may grant such variance if 10 days after notice of the grant or denial of any application under this sec-
it finds that: tion, the applicant may request a hearing thereon. All hearings under thin
i. The emissions occurring or proposed to occur do not endanger human section shall be held i se municipality withi the region where the pro-
health or safety; and posed emission is to be locatedl within 30 days of receipt of an application
where the commission orders a hearing thereon, or within 30 datys of receipt
2. Compliance serth the ru.(s or regulati ons from which 'ariance Is sought by the commission of a rerquest by tile applicant for a hearing. At such hear-
'W~~ould product~e serious ~ hardships. Ing, the commission shall solicit ail receive testimony concerning the nature
No variance shall be granted except after a public hearing In the municl- of the proposed emissions; their effect on existing ambient air quality stand-
pality where the applicant maintains the building or business In connection artls within the region; the availability and effectiveness of air pollution
with which the variance is sought.
~with which the variance is soug~ht. ~control apparatus designed to maintain tile cmnlisslon for which license Is
If the variance is granted on the ground that there is no practicable means sought at the levels required by law; and the expense of purchasing and in-
known or available for the adequate prevention, abatemnent or control of the stalling such apparatus. If after hearing the commission shall find that the
air pollution involved, it shall be good only until the necessary means for pre proposed enission will be receiving the best practicable treatment, wil not
rentlon, abatement or control become known and available and subject to the violate applicable emission standards, or can be controlled so as not to violate
taking of such reasonable substitute or alternate measures as the commission the same and that such proposed emission, either alone or in conjunction
may prescribe. .with existing emissions, will not violate or can be controlled so as not to
If the variance is granted on the ground that compliance with the particular violate applicable ambient air quality standards, it shall grant the license,
requirement or requirements from which variance is sought will necessitate imposing such appropriate and reasonable conditions thereon as may, in the
the taking of measures which, because of their extent or cost, must be spread commission's judgment, be necessary to secure compliance with such stand-
over a considerable period of time, it shall be for a period not to exceed such ards. :
reasonable time as the commission finds is requisite for the taking of the 1075, c 282, 1 4.
necessary measures. Amendments: Cross References
-1975. Repealed 5th sentence of Sad Deiegation of authority by Board of
paragraph. Environmental Protection, s:e I 31 of
this Title.

393

' 599. Open burning
I. Prohibitions
A~O8clr ~ofifTr ~es oricer products or by-prodncts Is prohil
after July 1, 12072;
9. Excpt as provided In subsection 2, open burning of wante of
kind at sites other than a mnuninCiptl solid waste disxposal site Is
SI~~~~~~~~~~ 591. Prohlbitiorv~~~hibibted after July 1, 1975.
No person shall discharge air contaminants inlto ambient air within a region C. Open burning of solid ovnste material at a municipal solid waste
in such manner as to violate amnbient air quality standards established by the posal site serving less than 1,000 persons shall only be prohibited '.
Commission pursuant to secrtion 554 or emission standards so established pur- the Board of Environmuental Protection, after investigation antd hept
suant to section Z5S. shows that the continluance of open burning at a specific municipal
is in violation of air quality standards.
Where the commission, pursuant to section 590, has by regulation provided D. Open burning of solid waste materials at a munIcipal solid waste
that no person shall operate or nallntali within a region any air contsmina- posal site serving 1,000 or more persons is prohibited after cptetabi
tiot source or emit any air contaminantr without an emnission license from the 197, unless the owners and lessee of the municipal solid aste dip
1975, unless the ownters andL leassee of the ]neuriclpal solid waRste dIrp
commission, such operation or maintenance Mlthout license is prohibited. site apply for a variance under this section from the Board of End
1969, c. 474, � 1; 1971, c. 402, 5 c . mental Protection.
~~~~~~~~~~Amendm~~~~~~~~ents:r:--1911.~~~~~ IWhile an eppllcationl for a variance Is being processed by Ae Dep
' -19'7. In 2nd paragraph. deleted Whi l e
�'additional" before "air", meat of Environmental Protection, open burning at th~=mtfemlial
-1959. Enacted this sctiton. In question may continue until the board makes its inal deeisiam on
1 592 to 596. Repealed. 1977, c. 300, � 45 to 48 'applicaton.
Tie reapealed sections, relating to vo- E. Whenever the Board of Environmental P'roteatf,; shows that o
istions, appeals, entorcemnent. awll pen-
altles, were enacted by 1969. c. 474. I I. ] ,burning at a municipal solid waste disposal site violaf'air quality sta
9Prior to repeal they were amended by: ards or whenever the board denies a variance tinder this section it sh
1971. c. 258, I 1Z.'*'.; after consultation with the violator or applicant for a variance, estabi
1973. c. 458, � 7.
1975 e. 282. I $ ...a reasonable comnpliance schedule aimed at bringing about the cessat
of open burning at the municipal waste disposal site tinder considerati
Note of ecsons Under Former Section 594 This compliance schedule shall include, but not be limited to, the
N~otes'of Decisions Under Former Section 594 oig
lowing:
i. in general court. Matter of Intern. Pape r Co..n and financing;
Notwitehst5andring that attack of public AdacgiMllEpnon196 e,(1) Arrangements for administration and financing;
lvotw~lthstandlng that attack or puhile Androscog'gin Mill Expansion (1976) ,e..
Interest and environmnential groups iuponi 361 A.2d 235. (2) Plais and specifications;
legality of the board of environmental (While the Sprene Judirial Court was
protection's issuance of a site location required to exercise limited appellate (3) Studies nnd investigations;
of development permit was on grounds jorisdtietion over appeal froin order of (4) Site Acquisition;
Involving only control of "air emi.sions" tilo boarl o environmental protection
and "discharge Into classified bodies of which approved major exDansion of (5) Purclase of nect'ssry equllllnent: and
water". where appeals could be viewed paper mill and issued, in relation there- (6) Operational date of the proposed polid waste disosanl Site.
as asserting aggrievemnents arising from to, a "site" permit and '"air emission"
alleged illegalities in issuance of permtl and "waste discharge" licenses. because A compliance schedule establisheil tnder thls sectIo! shall ie conditior
under tile site location of development of issues under this section where pres- ahiei
law, as said Illegalities relating to air en{ disposition or merits of i s i- p easoab ter anti conditinlt Riltied at hie
emissions and discharge into classified raotely raised in appeal under site law standards and shall be for a tilne of lnot le.s than 2 years.
bodies or water were claimed to arise did not decide merits of any claimns I
under criteria expressly delineated In iunder tile air and water pollution cOIn 2. Exemptions. Open burning may be permitted for the folio u
the site law. issues raised were con. trol laws within jurisdiction of superiorro d a permit Is obt ed pursuant to subsection
nizable as sublject matter appropriate court, Supreme Judicial Court would pobsection 3:
for appeal to the Supreme Judicial Court not exercise a "pendent" jurisdiction to J A Opet burning for the control or prevention of any disease, virus o
without prior resort to the superior decide air and water law Issues. Id.
- - ~~~~~~~~~~~~~~~similar hazard to public heath;b
� 597. Municipal air pollution control
;B. Open burning for agricultural purposes such as land clearing. blue
Nothing In this chapter shall be construed as a preemption of the field of rry control or burni g f or si r prescrib cultural Pu rposes;
air pollution study and control on the part of the State. Municipalities may e burning for sosria e ert p es
study air pollution and adopt and enforce air pollution control and abatement C. Open buring for the disposal of any terial generated by the de
soelitton of any building: or the clearing of any land for the erection
ordinances, to tile extent that these ordinances are not less stringent than this modltion, ma ilntenance or construction of any la frgw, te lron
chapter or than any standard, order or other action promulgated pursuant to poier or communication e ne or pipoline, or commercia or industrial o
this chapter. Local ordinance provisions whivblch touch on matters not dealt recreational b uilding or developent;
reerefitional building or development; -
with by this chapter or which are more stringent than this chapter shall bind D. Open burnin for trani research and recreational purposes ro
persons residing in the municipality. D~~. Open burning for training, research and recreational purposes pro
persons residing in the m unicipa lity. vlded that fires for recreational purposes ott a person's own propert:
Amne, c. 4:74, do not require a permit.
Amendments:
-1969. Enacted thi section. 3* Open burning permits. Open burning permits may be granted by thb
I 598. VIsible emissions orst ranger or town forest fire warden hivlng jurisdiction over the. loca
tion where the fire Is to he set. Should compnleicted clrcumstaices warranlt
i. Scope. This section shall be effective In all ambient air quality. re- the ranger or wNardeo may refer the person requesting such a permit to the
glous in the State of Maine as follows: commissioner for approval of paragraph A, B and C.A Such permits will be
A. Immediately for nil emnission sources, the construction or operation Issued if it Is determined:
of which tbegins after .lttunry 31, ID'22; -A. There is no local, private or municipal waste collection for such
B. October 1, 1973 for all existing sources. materials nor aly reasolubly located muiltipal or private solid waste
2- Prohibition. No person shall emit or cause to be emltt;d any visible disposal facility to %which such nitteriitl mtiy be transported or the qunn-
talinnauts from any emission source that exceeds a number 2 on the tlty of material is such that It cannot be reasonably tranisported;
B. There is no'other reasonable method for disposal of sitch materials
Ringelmann Chart or an opacity of 40% except for periods of not exceeding
.5 minutes i-n any one hotr or 1 miutes In any continuous hour period, that will not create or aggravate a hazard to public health or safety or
public or private prolperty nor violate any provision of state or local
3. Exemptions. This section shall not apply to emissions of water vapor, law Or regulation;
Inclnerators, air contaminants emitted for the purpose of research training C. The existing windi speed and atmospheric stagnating conditions wlll
or recreation and so certified by the board and permitted open burning. not create any uisance conditions;
Existtitg general process sources which are otherwise granted a longer period D. Sutch burning will riot take place within 25 feet of a 'puie way;
of time to comply with section 602 shall be exempt from this section until E. Such burning will take place ind er such c onditions as Will wrev
such time as such standrd becomes applicable.E. Such burning will take place nnder stich cenditiotes us will prevent
such time as such standard becomes applicable, the uncontrolled spread of the fire;
�O?'t 550 5 ~~~~~~~~~~~~~~~~the uncontrolied spread of the fire;
110~~~~~73, C. 433~, 9 S6~. ~F. The burning will comply with all applicable regulations of A mte
of Maine Forestry Department and any applicable local fire re .

394

4. Reports. The progress reports listed in this subsection shall be sub-
miltted to the board on or before the date indicated by any person using open
burning as a method of waste disposal: rxruAZ a
A. November 1, 1973: Status report on forms supplied by the depart-
.ment;
* B. April 15, 1974: A status report on forms supplied by the departmnent i
Indicating thiat the necessary studies and Investigations and preparation oft -
final plans is progressinN to Insure compliance with paragranph C. F
Such a report should Include, but is not limited to, location and method of . . I
waste disposal for which final plans are being prepared and name of In- .I i i
house or contracted person responsible for the preparation of such plans; -. I * I 1:
C. October 1, 1974: Final plans for proposed waste disposal facilities % II I1
including detailed engineering plans and necessary site acquistilon. said s C -
final plans to be subject to board review and approval under npplicab!e U l I -i I- i
laws and regulations- . , .
D. April 15, 1975: Copies of execulte contracts or agreements necessary j t iFf
to Implement the approved final plans Includling acqluisition of land and - _ 11
acquisition, lnstallatiou and construction of structures and equipment; ' I i 1 I I I I
E. July i. 1975: Certification of Compliance. "_z "j [' | i I !
19T3; . 43 -= , - i- .. ... it .i... - 1i
I So In enrolled bill. f +i
'" 5. Variances. Any municipality maintaining or :Lrealng an olpcn-lmrning I 1
solid waste disposal site may apply to the 1harl for a variance to the open- i I :1- I - t 11
burning requirements of this section. The application shalli be acenpallil ed I I 11111 a: .l l
.by such information and data as theI hoard may require. The staff of the
Department of Environmental Protection shall provide ailr quality technicall I tt
assistance to nmunlcipal applicants for a variance nllller this section. . - I i I i i
WhYenever a municipality shows that compliance with the open l'l,urling j I I
requirements of this section wouhl produce unldue harfdship, the hoard shall 1 i I i
grant a variance, except that no variance shall gr:ated wvh i e ht ii h e board
shows that the emissions from the open burnilig endanger humnni health nndi
safety. ._ .: I' I I- I- { - 1-
No varlance shall be granlted under this seetion lidleas tbe mnillcipallty o Z4-I :.1 tl- , 1. -.I -l
causes to be published a public notice of the intent to grant a varinnce in a o ' ' '' ' ' ':' '''
newslpaper circulated in the area at least 10 dhlys prior to the meeting at It i *,*s
which the hoard is scheduled to act on the variance. The IHard slihall notify , *noF
#the municipality of Its iltelt to grant a variance 20 d;lya before the mneeting 9 FIVrMgur APa4CTY Tu#Al
heduled to act on the variance. �ia LTo/IO Nlr9r)
1 The Board of a:nvironilnei,tal Protection anay condluct a public hearing onil any
variance application under this section if It deternines that there is suIstan- 1973, c. 438, 5 8.
tlal objection to the granting of the varlance. The Board of Environimental Amendments: Library references
-1973. Enacted this section. Health and Environment 4825
Protection, it it determines that It will deny tble variance anlllied for, shall C.J.S. Health i 21.
at the request of the municipality conduct a public hearing for the munici- 1 601. Incinerator particulate emission standard
paNty which made application, before the denial bconnes effective. to give
the town the opportunity to show that the enlikssoius from open blrnilng dlo . Scope. This section shall be applicable to all Incinerators and shall be
not endanger humlan health or safety nal colmpllance with the opent burning effective in all regionls In the State of Maine as follows:
requirements of this subsection woull i)roduce serious hardship and that a A. Immediately for all Incinerators, the construction or operation of
variance should be granted. . . which begins after January 3!, 1972;
The board, after granting a variance to a municipality ulnder this sectioi, If B. June. 1, 1975 for all existing Incinerators, except existing wood
It determines that the municipal solid waste disposal facility does not violate waste teepee Incinerators; and
air quality standards, shall take all necessary steps to remove that facility C. June 1, 1980 for all existing wood waste teepee Incinerators.
from the United States Environmental Protection Agency approvedl State of
Mlaine Air Quality Imp!ementation Plan. 2. Emission standard. No person shall emit or cause to be emitted any
1975, c. 228, 51 2, 3, eff. Mlay 5, 1975; 1977, c. 300, � 49. particulate air contarnlants from:
Amendmtents: A. Any Incinerator, darker than a number 1 on the Itlngelmann Chart,
197. Subsection : Chapt3 -975 Subsecton 1 B: Repeled excluding the emiss.onof ater vapor
�49 repealed the 3rd sentence of the and replaced by paragraphs B to E. excluding the emission of water vapor;
4th puragraph. Subsection 5: Added. Any class III, IV, V. VI and VII Incinerator having a designed
charging rate of 50 tons per day or less, that exceed 0.2 graln per stand-
5 600. Fuel-burning equipment particulate emission standard ard cubic foot of dry flue gas during any continuous 2-hour period, cor-
I. Scope. This section shall be applicable to all fuel-burning equipment rected to 12o carbon dioxide wlthout the contribution of carbon dioxide
that Is fired at a rate of 3 million B.T.U. per hour or greater, regardless of from the auxiliary fuel;
fuel type, and shall be effective in all ambient air quality control regious In Amendmenst Subectlon 1. C: Added bY c Zt.
the State of Maine as follows:. -1A975. Subsection 1, B: Chapter 699 . .
added ". except existing wood hap ste ..
Ak Immediately for all fuel-burning equipment, the construction or op- dded exrcept exatrs n wood wast
eration of which begins after January 31, 1972;
B. June 1, 1975 for all existing sources. � I 602. General process source particulate emissions
2. Emission standard. k.ny person operating fuel-burning equipment with- 1. 'Scope. This emission standard shall be effective In all regions In the
In the scope of this section shall limit the particulate emissions from such State of Mailne as follows:
fuel-burning equipment In accordance with Figure A during any continuous A. Immediately for any process source the construction or operation of
2-hour period. which begins after Jalnuary 31, 1972;
3. Test methods and procedures. Test methods 1 and 5 as promulgated B. June 1, 1975 for any existing general process source.
by the Administrator of the United States Enrvironmental Protection Agency
,lft IlRegulatlon 00.85 published in the Federal Rtegister, volume 30, number 247,
mWcedmber 23, 1971, or such other methods as are deemed equivalent by the
wfard shall be those used to determine compliance with this section.

395

3. Exemptions.
A. A source that installs one or more sulfur collectinr devices thnt
--. Kr= : F"'i:,4 {~rwc~cJ, r. ly person operating any kraft pulpig proc- duce sulfur dioxide emissions to the erquivalent level allowed in that
ess shall limit thiculae air contaminants from sucth einis- quality region shall be exempt from this regulation.
sion source as follows: B. If, during periods of energy crisis or equipment outage, an oil N
Four pounds of particulate emissions per air dried ton of kraft pulp from plier Is unable to supply confornming fuel, that supplier mnay apply foi
the recovery boiler: one pounrld of p:Lrticu late air contaminants npr air �lrio temporary variance to the Commissioner of lnvironnmnntnl D1 n ,P -l,
u r pulp from tie lime kiln; 0. ound of particulteair cont The commissioner may without hearing issue that variance for a
- ,~-uC puip Krom thle lime kila; 0.3 pound of particulate air contami. r. od not to exceed 60 days if the application In his Judgment meetsI
nants per air dried tou of kraft pulp from the smelt tLank during any continu-. rid e to exceed days i the application in his Judgment meets
ous 2-hour period. criteria of the applicable statutory variance requirement. Such te
3. Other processes. Any person operating any general process sources, ex.- 975, c. 669, 4.
cept kraft pulping processes, shall limit the emission of particulate air con- Aednt
tamlnants from such source according to the following table: Amendmentl: .
-1975. Section r.pealed and replaced
by c. 661.
T;A.BLE I
Poe eih TABL E Isi nl 5 603. Low sulfur fuel
Process Weight Rate Emission Rate 1. Prohibitions.
(lbsalat.) i. Prohibitions.'
(lbs./hr. ~(lbs.a/hr.) A. In the Central iMaine, Downeast, Aroostook County and Northwe
50 0.3
100 0.55 lMaine Air Quality Riegions, no person shall sell, distribute, buy or u
0590~.53 ~ any fuel with a sulfur content greater than 2.5% by weight anytit
5100 1.53 after November 1, 1073. In the Metropolitan Portland 'Mr Quality II
1,00 22.25 glen outside the Portland Perinsula Air Quality Region, no person sil
5,000 6.34 sell, distribute, buy or use any fuel with a sulfur content greater thl
20,000 9.147399 2.5% by weight anytime after June 1, 1975.
a 20,.000'1 . B. In the Portland Peninsula Air Qunlity Region, no person shall u
80,000 '29.60 any fuel with a sulfur content greater than 1.5% by weight anytir
20,000 31.19 after November 1, 1075.
200,000 33.28 C. In the Portland Peninsula Air Quality IRegion, no person shall u
!60,000 34.85 any fuel with a sulfur content greater than 1.0% by. weight anytir
200,OOD 30.11 after November 1, 1983.
'14~~00,000 :40.35 2. Records. Any person Importing residual oil or coal into the State
1,000,000 46.72 Maine shall submit to the Department of Environmental Protection ait reco
of the sulfur content of each shipment of such fuel. Any person blenaii
Interpolation of Table I for process weight rates up to 60,000 lbs./hr. shall oil fo r use wthin the Portland Peninsula Air Quality Region shall subrr
be computed by se of the follwing equation:oil for use within the Portland Peninsula Air Quality Region shall subir
be computed by use of the following equation: to the Department of Environmental Protection on a monthly basis a r
~~~E=3.59~ P < 30 tons/b~r. ~ port indicating the total volume and average sulfur content actuall/ lie
and Interpolation and extrapolation of Table I for rates In excess of 60,000 3. Exemptions. .
lbs./hr. shall be computed by use of the equatlon: A. A source that Installs one or more sulfur collecting devlce' t r
E"=17.3P'" P <30 tons/hr. duce sulfur dioxide emissions to the equivalent level allowed In that a
quality region shall be exempt from this regulation..
B. If, during periods of energy crisis or equipment outage, an oil su
WhereE=emIsIns In punds per hour and Pprocess weight rate in tons plier is unable to supply conforming fuel, that supplier may apply for
WPhere'E=emissionaP in pounds per hour and Pprwocess weight rate in tons
per hour. temporary variance to the Commissioner of Environmental Protectin
The commissioner minay without hearing Issue that variance for a p
All emissions from all general process sources operated by the same per- rinod not to exceed 60 days if the application in his judgment meets tl
s-on in the same general location shall be combined in computing the process criteria of the app!icable statutory variance requirements. .Such tel
weight rate. porary variance cannot be renewed.
4. Test methods and procedures. Test methods 1 and 5 as promulgated 1975, c. 669,4. "
by the Admolstrator of tile United States Environmental Protection Agency
in Regulation 60.85 published In the Federal Register, volume 36, number
247, December 23, 1071 or such other methods as are d(leemed equivalent by 601. Sulfur dioxide emIssIon standard for sulfits pulping processes
the kpard shall be used to determine compliance with this regulation. 1. Scope. The emission standard shall apply to all- emissions of sulfu
19the c. 4aha b uSetoderiecmla. wtthsrgliodioxide from sulfite pulping processes except sulphur dioxide produced fror
l9~~~~~~~ C. 438,560~~~~~~ 3. Lothe burning of coal or petroleum fuels. This emission standard shall becom
! 603. Low sulfur fuel ; . -effective In all regions as follows:
F. rohlblt~ons.
I. I b CnrProhibitf hil ons. Aosol :nt d orheA. Immediately for any sulfite pulping process, the construction or or
A. In the Central Maine, Downcast, Aroostook County and Northwest eration of Which begins after January 31, 1972;
Maine Air Quality Regions, no person shall sell, distribute, buy or nuseB. J n ,17foaexsigouc.
any fuel with a sulfur content greater than 2.5% by weight anytime B. June, 1975r allexstngsources.
after November 1, 1973. In the Metropolitan Portland Air Quality tRe- 2. Emission standard. No person shall emit or cause to be emitted an:
glen outside the Portland Peninsula Air QIalllty Region, no person shall sulfur dioxide emissions from any emission source within the scope of thl
sell, distribute, buy or use any fuel with ait sulfur content greater than emission standard In excess of 40 pounds per air dried ton of sulflte.pull
2.5% by weight anytime after June 1, 1975. produced.
B. In tie Portland Peninsula Air Quality Region, no person siharll ,se
any f uel nt th aorsul ur con tent greater thy 1.5Regon by weight anytrn lhl 3. Test methods and procedures. Test methods 1 and 6 as promulgate,
anyfter Nitember 1, slu975. cnet g ae thn 5 b wi t yie by the Administrator of the United States Environmental Protection Agent:
C. In the Portland Peninsula Air Quality Region, no pr.on shall Use In Regulations 60.35 as published In the Federnl Register, volume 36, numbe
any fuel with a sulfur content greater than 1.0% by weight noytime 247, December 23, 1971, or such other methods as are deemed equivalent b:
after November 1, 1985. the board shall be used to determine compliance with this regulation.
2. Records. Any person Importing residunl oil or coal into the State of 1973, c. 438, 5 8.
Maine shall submit to the Department of Environmentanl Protection ai record
of the sulfur content of each shipment of such fuel. Any iperson blending
oil for use within the Portland l'eninsula Air Quality Region stiall submit 1 605, Malfunctions
to the Department of Environmental Protection on a monthly basis a re- Any person owning or operating any emission source that suffere, l
port Indicating the total volume and average sulfur content actually supplied, function or breakdown In any component part which malfunction k
down causes a violation of sections 593 to 604 shall notify the boariit
Ing within 45 hours.
1973, c. 43S, � 8.

396

5 606. Nonpofnt sources or indirect sources; review of pubico ways
1. Prohibitlon. 'No person, firm, corporation, municipality, state agency
or other entity shall commniarce construction of any highway project of 4 or
rmore lanes In the State ttnles.' the Board of Environmental Protection has
first determined that tile project will not violate the� State of Maine Ambient
Air Quality Standards. Tile person or agency proposing to construct it high-
way resulting In 4 or more ]lanes shall submit to the Department of Environ-
mental Protection an air iluaiity impact analysis. This analysis shall be
conducted InI accordance with sucli mathematic modeling techniques as are
mutually acceptable to the department, The Federal Environmental Protec-
tIon. Agency and the Federal Highway Admsinistration.
,-2. ExemptIons. The foregoing shall not apply. however, to highway proj-
ects that will have no significant effect on air quality, such as lights, signs,
landscaping and resurfacing.
S. Scope. The requirements of this section shall apply in all the air quali-
ty regions of the State.
1975, c. 282, 5 O.-
Amendm ents: UbrRf ne
-1975. Fnacted this section. Heathadnvomet25.
Effective date. Section 7 of 1975, c.
282 provl(ded:.-SectionA6 of thisgAct
slhall be retroactive to April 50 , 1974." .
S 607. Masleipal alternative
J. Cone burners. The provisions of this chapter shall not apply to cone
burners constructed or operated by any municipality, group of municipalIties,
quasi-mnunicipal corporations or (IIstrict, providing a system Of soiid waste
management for public parposes and for the health, welfare, comfort and
convenience of the inhabitants of the district; provided that the population
served does not exceed 25,000 people and that proper leachate control, ash
sitting and ash disposal Is accouiplished in a legal manner and provided that
the public health, safety and wvelfare are not adversely affected by the ernis-
sCons of this type of unit. in determining the effect oil public health, safety
end welfare and before ordering tile closing of any cone burner operation.
ttke Dlepartmnent of Environmiental Protection shall show that the operation
of the burner violates the Itantdards set forth in section 5&l--A.
2. Notification. Any mutticipality, group Of municiPttlitieS, qusIu-municiPal
corporations or t(istrict shall notify the Department of Envirotimental I'ro-
tection or its intent to, construct aned operate a. cone burner and may request
technical assistance be provided by the department.
1975, c. 570; 1975, c. 770, ��5211, 212, eft. April 16, 1976.
Amendments, Library References
-1975. Eniacted as I 606 by c. 570. Health and Environment =211.
without reterence to I 606 added by C.J.S. Health I 21.
282. 1 6. Chapter 170. i ft I repeated
606 a., enacted by c. 570 and 1 212
?hereof reenacted as this section.
I 606. StatIonary sourca performance standards.-
1. Treatment requirement standards. New stationary source of air eints-
slons shall be vubject to the hos1t loracticable treatmietit reltuirerteents prounil-
gated In 40 Co~de Federal Itegulaittons 1'art 60.
2. Federal standards, All stationary sources of hazardous air pollutants
shall be subject to the best practicable treatment requirements proniu~lgated
In 40 Code Federal Rtegulations Part 01.
1975, c. 009, �5.
Amendments: Librar References
-197S. Chapter 669 enacted this sec- Hlth and Environment 48=8.
tion. C.J.S. Health 9 21.-

397

F9a

WATEIRS AND NAVIGATION 38. �

CIIAPTER 13

SOLID WASTE MANAGEMENT

13ew Sectitlonse. New Sections 1 1304, Department; powers and duties
1301. Short title. 1306. Phbted act.
1303. Deciarltion or policy. .xemilte ns. i. Rules and regulations. The board may adopt, amend and enforce s
1304. DepartnCrnt: powers and dutie. Cron Reterences rules and regulitionis na it deems necessary governing solid waste mans
135. 5iunicpalitles ; powvers and du- 'iinimum lot size law, see S 4807 et i0ent, Inctlitg the locatin, " stablislnlent, construction and alterition
ties. seq. of Title 12. Solid waste facilities. Such tegulations shalln be designed to eno)urage log
1 1301. Short title utilization of recoverable resources, to minimize pollution of the state's
'This chapter shall be known and may be cited as the "MAaine Solid waste land and water resources, prevent the spread of 1disease or other health h
1a9ae3,ent Ac. t.3 , atrds, prevent contamni:mltion of drinking water supplies and protect pul
19M3, e. 35,7." health and safety. In adopting such regulations, the board shall also consi
Amendments: Library references economic impact, technical feasibility and such differences between mum
-1973. Chapter new. Health and Environment s28. palities as are createds by population, waste voluene and geographic locat
C.J.S. Health 1 21. Ragulatlons shall be promulgated in the allnner-providedl by section 3G1.
I 1302. Declaration of policy municipal officers of all mullnicipalities shall be notified, in writing, at leas
The Legislature declares it to be the po:icy of the State'of 5malne consistent days prior to any hearing. Ilegulations adopted pnrrsuant to this sectIon s
with Its responsibility to protect thle health, safety and welfare of its citizens, not become efgective until Jallmlry 31, 1aT6, therclty asfording amlple oppo
enhance antl Inalutain time qluality of the enltvrunment, conserve natural re- nity for the Legislature to modify, expand or reject suchl regulaltions as tdee
sources and prevent water and air pollution, that It shall encourage solid appropriate.
waste programs, public or private, which will reduce the volume of solid waste Xo regulation adopted pbrsuant.to this section shall exceed air quality stn
production, improve efforts to reuse anti recover valuable resources currently ards authorized by Title 3S, chapter 4.
being wasted and which will not adversely affect the public health, safety and
welfare of the citizens nor degrade the environment.
The Legislature also finds andl declares that economic, efficient and en-
rvironmentally sound method of waste disposal Is of the highest priority. 2. Site location, The board may provide by regulation that no pers,
Municipalities are generating Increasing amounts of solid waste with no sys- may locate, establish, construct, alter or operate any solid waste dispos
tematicle or consistent methods being used to reduce the volume of waste or to facility unless approved by the board under sections 481 to 488.
soundly dispose of it Failure to plan properly for future solid waste may 3 M cpal status reports. The department shall ree re
further deplete already taxed natural resources and aggravate environmental ed by unicipal ities as reports. The department setion 130. eport re su
and public health problems resulting from present inadequate practices of
resource recovery and solid waste disposal. prepared and distributed by the department. Required lnforumatl i iol
resource recovery nnd solid waste disposal. clude, but not be lim�ted to, the fol lng:
cludie, but not be limited to, the following:
A1973 c. 387. A. Location of solid waste disposal facility sites within the munlelpalll
m-1973. Enacted thissection. Library references whether publicly or privately ownled or operated, their mode of operatic
C.;.s. H ea lth In 1. and anticipated useful life;
I 1303. Definitions
The following words when used In this chapter shall have the following B. Ordinances or regulations adopted by or proposed for the munlclpall
meanings unless the context In which they are used clearly shows a different which regulate the use of waste disposal facilities within the munih
meaning. pality;

C. All legal arrangements established by munielpalities for providing
1. Board. "Board" means the Btnard of Environmental Protection. solid waste disposal facility for solid waste generated within the muni
2. Commissioner. "Commissioner" means the CommiSsioner of the De- pality
partment of lEnvironmental Protection.
3. Departme nt of Environmental D. Arty plan for solid waste management officially adopted by tile m
Protection. ncipality.
4. Municipality. "unicpalty"means a cityortown. 4. Technical assistance. The department Is authorized to establish guid
5. Person. "Person" means an Individual, firm, corporation, partnership, lnes for effective solid waste mllnagement, to provitle tecnical assistance
association, municipality, quasi-omunicipal corporation, state agency or any persons planning, constructing or operating solid waste disposal facilities, at
other legal entity. to conduct applied research activities in the field of solid waste manlagemern
6. Recoverable resources. "Recoverable resources" means materials that Ineluding methods of recycling solid vaste Items.
still have useful physical or chemical properties after serving a specific pur- 5. Planning grants. Ttle department is nuthorized to receive funds, pul
pose and can be reused or recycled for the same or other purposes. Ilc and private, to use such funds for the administration of this chapter and t
snmake grants from such funds to municipalities and regional planning agencel
7. Solid waste. "Solid waste" means useless, unwanted or discarded solid or their agents as designated by the municipality, f or the purpose of p lan ni n
material with Insufficient liquid content to be free flowing, incluting by way and Ithplement ing soli d was te management activitie s and solid waste disposl
of example, and not by limitation, rubbish, garbage, scrap materials, junk, facilites pursuant to guidelnesiies nd estabisheolid by taste isposard.
refuse, inert fill material and landscape refuse, but shall not include septic. 3S7
tank sludge or agricultural wastes. 1973, e. 3S?.
8. Solid waste disposal facility. "Solid waste disposal facility" means any
land area or structure or combination of land area and structures, including
dumps, used for storing, salvaging, processing, reducing, incinerating or dis-
posing of solid wastes.
9. Solid waste management. "Solid waste management" means purpose-
ful, systematic and unified control of the collection, storage, transportation,
processing, salvaging and disposal of solid waste.
1973, c. 387.

398

1 1305. lunicipalilties; powers and duties
i. Disposal facilities. Ech munilcipality shall provide a solid waste dis-
posal facility for domestic anid comlrnercial solid waste imenerated within the
municipality and may provide such a facility for Industrial wnstes and sewage
treatment plant sludge.
2. Ordinances. This chapter shall not bie construed as limiting the au-
thority of any municipality to enact ordinances for the remllation of solid
waste disposal, providel that such ordinances are inot less stringent than or
Inconsistent with the provisions of this chapter or the regulations adopted
thereunder.
3. Contracts. Municipalities may contract with any person for the col-
lection, transportation, storage, processing, salvaging or disposal of solid
wastes.
4. Municipal status reports. The municipal officers of each municipality
shall, on or before the first day of November, 1973, and on or before the first
day of Juner each year thereafter, submit on forms prepared by the depart-
ment, information relating to solid waste management within the municipality.
5. Municipal permits. All permits issued pursuant to Title 30, sections
24351 to 2460 shall, in addition to requirements Imposed by those sections, be
conditioned on compilance with runiles and regulations adopted by the board
concerning the operatiun of solid waste disposal facilities. Copies of permits
issued by the municipality shall be submitted to the department wvithin 30
days of issue.
1973, c. 3S7.
Amendments: Library references
-1973. Enacted this section. Health and Environment :=25.5.
� 1306. Prohibited acts
It shall be unlawful for any person to establish, construct, alter or operate
any waste disposal facility or to store, collect, transport, process or dispose of
solid waste contrary to regulations promulgated by the department.
1973, c. 3S7.

1307. Violations
Any person violating any provision of this chapter or the rules or regula-
tions promulgated thereunder shall be punished by a fine of not more than
$500 for each day a violation exists. The Superior Court shall have jurlsdic-
tion to enjoin any violation of this chapter or the rules or regulations promul-
gated thereunder.
1973, c. 387.

5 1308. Exemptions
Rules and regulations adopted pursuant to this chapter concerning the lo-
cation, establishment and construction of solid waste disposal facilities, but
not concerning alteratior or operation, shall not affect such facilities in exis-
tence prior to October 3, 3973. Landscape refuse and fill disposal sites es-
tablished In connection with public works projects and commonly known as
'stump dumps" are exempt from this chapter.
1973, c. 788, 1 213, eff. April 1, 1974.

399

F9b

STATE OF MAINE
SOLID WASTE )ttNAGEMERT REGULATIONS

400.1 Preamble

It shall be the purpose of the Department of Environmental Protection,

consistent with declared Legislative Policy, to provide through these regula-

tions, effective controls for the management of solid waste.
Closing plan - pre-determined method and schedule for completing ab(
These regulations are intended to provide necessary health, safety and

environmental controls, while at the same time leaving available maximum alter- operations.
Cover material - any soil material that is well graded, relatively
natives for communities, alone or together, to manage solid waste generated
of organics and stones greater than 6 inches diameter that is used for c
within the cosnlunity. The regulaions are intended to provide maximum flexi-
in a landfill operation.
bility to accommodate such differences between Maine municipalities as are
created by population, waste volume, and oeographic location. Cover.daily - soil that is used to cover compacted solid waste at t
end of each operating day.
The Department will carry out its solid waste management responsibilities
Cover, intermediate - this soil material must be placed on filled a
by providing to the maximum of its resources educational, technical assistance,
where the daily cover will be exposed for more than 14 days.
and other cooperative activity.
Cover, final - this soil material must contain a minimum of 15% fin
400.2. Prohibited Acts
must be placed on each filled area when final elevation has been reached
After February 1, 1975 no person shall operate a solid waste facility with-
Department - The Department of Environmental Protection.
out a plan approval and/or conditional use permit obtained from the Department
Drainage system, surface water - system of berms, dikes and s
in accordance with these regulations.
culverts arranged so as to minimize the amount of surface water runl'g
400.3 Site Location of Development and through the refuse.

Facilities established after October 3, 1973 and subject to these solid Drainage and collection system, leachate - system for draining any

waste management regulations,and facilities proposed for significant expansion tial leachate from base of disposal facility and collecting it at a pre-

of the volume of waste to be accepted shall also be subject to review and determined point.

approval by the Board of Environmental Protection under Title 38, M.R.S.A., Face slope - this is the'slope on which the landfill equipment must

Sections 481 to 488, which concerns Site Location of Development. in order to compact and cover the refuse.

Face width - this is the horizontal lenoth of the working face.
400.4 Definitions
Fines - soil material which passes the #200 U.S. Standard Sieve.
Backup equipment - land disposal equipment under contract or by some other
Hazardous wastes - any waste having a greater potential as a health
means available to the operator within 48 hours of breakdown of the primary
equipment. safety hazard or for environmental ham than household or commercial was

Board - The Board of Environmental Protection which may include but is not limited tv industrial and treatment plant w

Boundary, property - property line of total area owned, rented or leased

by operator.
Boundary, site - line surroupdino area to be developed for the disposal or

process facility.

Commissioner - The Commissioner of the Department of Environmental Pro-

tection.

Closing operation - the processes of rodent extermination, fire extinouish-

ment, slope stabilization, placinn cover material, grading, seeding, etc. for

the closing of an existing open dump or disnosal facility or one established

under this law.

400

:;?,1z rPquest the Department, based on sufficient information supplied by the

*pplicant, will make a determination whether a particular waste is hazardous

and whether proposed methods and sites are sufficient for safe disposal of that

waste.

Hot lcads - any load of refuse which is on fire when delivered on the site.

Inc nerator - Any device, apparatus equipment or structure used for destroying,

reducing, or salvaging by fire any material or substance.

Incineration - The use of an incinerator to bring about a controlled process by

which combustible materials are burned and changed into gases and the residue pro-
duced contains little or no combustible material.

Landfill equipment - any equipment on site used for handling refuse cover and

for.qther support activities.

Leachate - liquid which has percolated through solid waste or other medium

and has extracted dissolved or suspended materials from it.

Lift - a compacted layer of solid waste and the top layer of cover material.

Lift height - vertical thickness of a compacted volume of solid waste plus

thickness of cover material irmmediately above.

Mottling - the blotched or streaked pattern caused by the dissolution of inor-

ganics, usually iron, indicative of the soil having been in contact with groundwater.

Municipality - A city or town.

jOpen Burning - "Open Burning" means the burning of combustible material in the

open ambient air without being completely enclosed and where the products of combus-

tion are emittad directly into the ambient air without passing through a stack,

chimney or duct or other device or structure.

Overburden - all soil material overlying bedrock.

Person - An individual, firm, corporation, partnership, association, munici-

pality, quasi-municipal corporation, state agency or any other legal entity.

Potable water supply - any ground or surface water supplies to be used for
drinking.
Potable water supply - any ground or surface water supplies to be used

for drinking.

Recoverable Resources - Materials that still have useful physical or

chemical properties after serving a specific purpose and can be reused or

recycled for the same or other purposes.
Salvaging - controlled removal of reusable waste materials.

Solid waste - Unwanted or discarded solid material with insufficient

liquid content to be free flowing, includinn by way of example, and not by
limitation, rubbish, garbage, scrap materials, junk, refuse, inert fill

material and landscape re. fus. but hd1ll n)t includi, �.!,-ti tank sludge or

agricultural wastes.

Solid waste facility - Any land area or structure or combination of

land area and structures, including dumps, used for storiAg, salvaging, pro-

cessing, reducing, incinerating or disposing of solid wastes.
Special wastes - those wastes which may not be considered hazardous but

may still require more complex management due to other characteristics such

as high moisture content or bulk.

Static water level - that level water seeks when not being pumped; i.e.,

undisturbed water level.
Stratigraphy - geology of the layered succession of soil and rock deposits.

401

Surficial units - identifiable differences in overburden. (Boulder units,

soil units, gravel, sand, specific till types, etc.).

Vector - a carrier, usually an arthropod, bird, or rodent that is capable

of transmitting a pathogen from one organism to another.

White goods - larqe appliances including but not limited to stoves,

refrigerators. freezers, washing machines, clothes dryers, dishwashers and air

conditioners.

Zones - The northern zone shall include: Aroostook County; that part of

Penobscot County north of and including Medway, TAR7 and Lono A; that part of

Plscataquis County north of and including TBRlO, TBRll, Dowdoln Collene Grant.
Greenville and Little Squaw; that part of Somerset County north of and

including Square Town (T2R5), Mfoxie Gore (TlRS), West Forks Plantation,

Lower Enchanted (T2R5), BKPWKR (T3RS), and Kinq & Bartlett (T4RS); and that

part of Franklin County north of and including Jim Pond (TlR5), Alder

Stream (T2RS), and Seven Ponds (T3RS). The southern zone shall include all

of Maine not in the northern zone.

CHAPTER I

401 RESOURCE RECOVERY ACTIVITY

Policy Statement - The Department desires to encourage solid waste

programs, public or private, which will reduce the volume of solid waste gen-

erated which will reuse and recover valuable resources currently beinq wasted

and which will conserve natural resources. Assistance qiven to these activities

will be of the first priority.

The varied nature of resource recovery activity and the generally sound
environmental basis on which they are undertaken preclude the necessity and

value of specific regulation. A review of such proposed activity with resoect

to health, safety and environmental soundness is deemed to be in the best

interest of the State. Specific activity may, in the future, be subject to

regulation.

401.1 Requirements

Each person who owns or operates a facility for long term resource

recovery activity shall submit a plan to the Department for approval. Such

a plan should include, but shall not be restricted to the following items.

a) nature and volume of material to be recovered

b) disposition of recovered waste

c) disposition of material to be disposed of rather than sold, reprocessed,

etc..
d) location of processing facilities

e) location of storage facilities
f) description of transportation network and facilities

g) a financial report of estimated cost/gain balances
h) a description of the facility and/or equipment to be used

I) safety equipment and procedures

J) fire protection facilities

401.2 Disposal of Residual
Any residual from a resource recovery activity which is designated for

land disposal shall be subject to regulations promulgated under Chapter IV,

Land Disposal. Any effluent disposed in waters of the State shall be subject

to Water Quality regulations and licensing criteria.

401.3 Exemptions

Resource recovery activity of a voluntary and intermittent basis such as

local paper drives, bottle drives, etc., are not subject to reporting or review

requirements.

CHAPTER 11

$402 INCINERATIOtN

402.1 Emissions

Incinerators or other equipment using burning as a method of waste

volume reduction, whether or not in conjunction with resource or energy

recovery, are subject to Air Quality Control Regulations.

4r=.2 Disposal of Residual

Residuals from incineration or similar burning methods which are desig-

nated for land disposal are subject to regulations promulgated under Chapter IV,

Land Disposal, except for daily cover requirements. Any effluent disposed in

waters of the State shall be subject to Water Quality regulations and licens-

ing criteria.

402.3 Plan

Any person cGri- nr operating an incinerator or other equpment using

burning as a method of solid waste volume reduction shall submit a plan to the

Department for approval showing how the incinerator will be integrated into

the solid waste system. Such a plan should include but shall not be limited

to the following items.

a) nature and volume of material to be burned
b) disposition of residual

c) location of processing and storage facilities

d) a financial report of esimated costs

e) a description of the facility and/or equipment to be used
f) safety equipment and procedures

g) fire protection facilities

CHAPTER III

403 STORAGE AND TRANSFER FACILITIES

403.1 Review and Approval

Mlunicipal and/or regional storaae and transfer facilities including

those facilities leased or contracted are subject to Departmental inspection,

review, and approval. The storage of all solid waste shall be practiced in

such a manner to minimize attraction and harborage of vectors, to prevent

health and safety hazard, to minimize odor, unsightliness, environmental

impact, and public nuisance.

403.2 Space Requirements

Sufficient facilities and space shall be provided to contain all waste

generated during periods between regularly scheduled collection or removal as-

may be necessary to meet the intent of paragraph 403.1 above.

403

,HJAPTER IV

404 LAND DISPOSAL

Policy Statement - The Department recognizes that for the short tens

land disposal will rcmain a comnon rethod of waste disposal in Maise.

Because it is the necessary final link in the chain of disposal activity, and

because there is significant potential for environmental harm to land and

ground water resources, in-depth regulation has been determined to be

necessary. The following regulations are basee on the oresumptieo that
significant protection to the environment can be accomplished by controll-

ing water in and around disposal activity. Water supports the biological

and chemical activity which produces potentially harmful by-products in the

form of leachate. Water is also the primary vehicle which can transport these

noxious substances away from the disposal site to ground and surface water

resources. In addition, the regulations provide controls for other health.

safety, and environmental matters.
Although the following regulations are believed to reflect the best state

of the art for land disposal economically accessible to Maine communities,

and will provide very much oreater protection to land and water resources and

to public health when compared with disoosal methods now commonly used, it is

recognized that compliance with these regulations does not provide an absolute

guarantee against pollution. In those special cases where compliance with

these regulations proves not to be sufficient, additional requirements nay be

imposed to provide additional protection to health, safety, and the environ-

ment. A variance procedure to enable disposal operation under a "Conditional

Use Permit" has been established to allow maximum flexibility In considerino
sound solid waste activity.

405 CLOSING REQUIREMENTS FOR DISPOSAL FACILITIES

Solid waste facilities in existence before October 3, 1973 which, with
alteration, cannot meet the operational requirements promulgated herein are

required to be closed.
All land disposal facilities which close after October 3, 1973 are subject
to this section. Facilities in operation before October 3, 1973 which, with

alteration, can meet the Operational Criteria abd which are not in violation

of other law are not required to be closed.

405.1 Closing Plan

A closing plan shall be submitted to the Deparbntent of Environmental

Protection for approval at least 30 days prior to the start of closing

operations; which operations begin with 30 days notice to the Public and/or

users of the site.

4 04

This plan shall include:

a) Schedule for notifying the Public of the clostih.

b) Rat extermination schedule
c) Method to be used to keep area drained

d) Method to correct any existing leachate or gas problems

e) Fire extinguishment schedule
f) Schedule for placing final cover and seeding

g) Schedule for inspection and maintenan"-

405.2 Public Notification
The public shall be notified at least 30 days prior to the date the last

refuse will be accepted by signs posted at the site and by notification in the

local press. The date the last refuse will be accepted at the old site, the

address of the new disposal facility, and the hours of operation of the new

disposal site shall be included on the signs and in the notification.
405.3 Restricted Access
Restricted access and/or adequate policing shall be provided.

405.4 Final Cover
A minimum final cover of 2 feet after compaction is required on all

refuse. For facilities in operation before October 3, 1973, variance to the
amount of cover may be given if 'no direct or indirect discharge of pollutants
or harborage of vectors will occur. Cover material shall have a minimum of

15% fineS.

405.5 Grading
The top slope of the final cover shall be sufficient to encourage proper

drainage. The face shall be stabilized and covered. The maximum face slope

shall not exceed 2:1.

405.6 Seeding

The closed'area shall be seeded.

405.7 Problem Correction
Leachate and gas problems shall be corrected.

405.8 Inspection

The operator shall request DEP inspection before removing equipment from
site so deficiencies may be corrected.

40S.9 Certificate of Completion
The site shall be subject to inspection by the Department one year after

closing. Any deficiencies found which may have detrimental health or environ-
mental effect shall be corrected. If satisfactory maintenance is beino provided.

a certificate of completion will be awarded.

405

40 SITE APPROVAL

406.1 Site Characteristics
The406.3 Siup-to-te STogrhicMap e i t h e r 15'aorb7 112' shall be ihe Department recognizes that because the surficial qeology of Main

is both complex and varied, a single set of physical conditions cannot be
submitted. The following items, if not shbwn on the topographic map must be described which would be applicable for safe and economic land disposal

located for the area within a line 1000 feet outside of the site boundary. throughout Maine. Differences in the amount and type of waste to be dispo

a) legal boundaries of the site
at a particular site increase the complexity of appropriate standards.
b) all buildings Because it is desirable to keep the waste dry and to keep it senarat,

c) all supplies of potable surface and groundwater; municinal and private from groundwater, the following set of physical conditions are found by t

d) all comnnercial-industrial water sunolies O- Department to be desirable and, in general, adequate for protection of

e) all surface bodies; ponds and lakes; streams and rivers; swamps around and surface water resources providing the facility is well desiqnec

and marshes and operated.

f) all gravel pits, stone quarries, mines a) The surficial material soils, underlying the refuse to a depth of at

g) all pipe lines, surface or buried least 5 feet shall be well graded granular material containing from

h) all springs and seeps 15 - 401 fines, and being relatively free of cobbles in excess of

1) existing zoning - 6 inches in diameter.
Keyed to this map: b) All refuse shall be placed at least five feet above groundwater.

j) Indicate for wells; where known; depth to bedrock; static water level: c) The sight should be moderately sloped i.e., less than 15 per cent.

yield; total depth d) The site boundary shall not lie closer to a classified body of water

k) Indicate where known, seasonal variation of watertable in aravel Pits, than 300 feet.

quarries, and dug wells e) The site boundary shall not lie closer to the nearest residel

potable water supply than 1000 feet.
406.4 Hydrologic, Geologic and Soils information
Sites not meeting these criteria, but which through good design and operati
All hydrologic and geologic infonation pertinent to the site that is
can be shown to provide adequate protection to surface and qroundwater
available from state and federal agencies, such as bedrock qeoloqy, soils,
resources, may be approved by the Board upon proper application. Sites meet
surficial geology, depth to bedrock, depth to water table. well locations and these criteria but which are determined by the Department to provide specia

characteristics, shall be submitted to the Department. danger to a surface or groundwater resource may be either disapproved or

approved under more stringent criteria. Such special danger might poten-
406.5 Boring or Test Pit Logs and Map
A number of test pits or borings sufficient to describe the surficial exist because of the proximity of the site to an aquifer, because
{he proposed deposit of special wastes at the site, or because of some at
materials on the site and the proximity of the site to groundwater or bed-
special physical condition.
rock shall be dug and analyzed.

a) A map of scale 1" = lO0' (or less) shall be provided to include the 406.2

following: For all proposed sites and for sites proposed for significant expans
i) legal boundaries of the site. 1 of the volume of waste to be accepted the following procedure must be

ii) area(s) where refuse is to be placed. followed. (Normally a 25: increase in waste volume acceptance within one 3

iii) locations of borings and/or test pits. - will be deemed significant. The addition of waste of a hazardous or unusue
b) The location and log of a number of borings and/or test pits with
nature not already accepted at the facility, or expanded acceptance of
approximate elevations sufficient to reasonably indicate qroundwater
Junked automobiles or white goods shall be sufficient to deem the expansie
gradient and direction must be shown. Boring and test pit Ions shall
gradient and direction must be shown. Boring and test pit los shall significant). Other facilities in operation before October 3, 1973, which
indicate the following: not in violation of present law and which, by alteration will meet the

operational criteria established herein, are not-subject to the pq e

site approval.

406

Ommm )1 surficial units including at least till, clay, sand, gravel. f) proposed drainage system
soil, and bedrock. More detailed descriptions of overburden g) two foot contours showing:
units may be used. I) the existing area
ii) depth to qroundwater. i) proposed final disposal area surface
iII) depth to bedrock if bedrock is reached before groundwater. If the area is sufficiently steep so that 5 foot or srne other contour

Iv) surficial units for borrow pit, as in b.t above. interval will show drainaae, the two foot contours should be phased out.
-'~~~~~~ ~~h) location of alternate disposal faces for poor weather operation, special
407 DESIGS APPROVAL
and/or hazardous wastes, and hot lobeds
407.1 Design Information
i) locatiofun of salvage material storage
The amount of design information required and the sophistication of
engineerinq and design needed to utilize a site in a way to protect public 407.3 Additional' Design Map Information
safety and health and surface and groundwater resources, necessarily varies For the proposed area and for the area within 300' outside thesite

with both the physical characteristics of the site and the amount and type boundary, show the following:

of waste to be disposed. a) all occupied dwellings
The Department will review the plans for their adequacy in describing b) public water supplies

at least the following: c) all private wells
a) the site as it presently exists d) all surface bodies of water
b) the site as it will appear at the time it is closed 1) springs

c) any drainage system(s) proposed ii) rivers
d) any other features proposed III) lakes
The Department will review the design to see if it adequately handles at v) ponds
iv) ponds
the following: v) swamps
e) diversion of surface water away from the site v) all other pertinent bodies of water
vii allother pertinent bodies of water
f) surface drainage of the site vii) natural drainage area
'vii) natural drainage area
g) grading for bottom drainaqe of the site viii) 100 year fooplain, where applicable
v~ii) 100 year flooqdplain, where applicable
h) for high qroundwater areas, for areas shallow to bedrock, and for e) all existing roads
areas proposed where surficial materials, soils, contain more than f) power lines
40 percent fines. proper drainage of the bottom of the site q) pipelines

1) for areas where surficial materials, soils, contain less than IS
h) public buildinqs and/or facilities
percent fines; protection of the nroundwater from ranid percolation of
I) sand and gravel pits
leachates.
J) proposed final surface drainage system
J) protection for public health and safety
k) all proposed water quality monitorinq points
k) aesthetic considerations; litter and view from homes, businesses, and
1) proposed boundary fencinq and accesses
roadways
m) access roads
407.2 Detailed Site Map and Plan n) gas venting devices, if proposed
A map of the'same scale as on the Fap of Borings or Test Pits (item 406.5) o) proposed equipment shelter, maintenance area and employee facilities
shall be provided. It shall show the following: . *' p) proposed utilities

a) area where refuse is to be placed q) scales and weqighinq station, if proposed

b) property boundaries r) fire and first aid equipment, if proposed
c) access roads s) proposed siltation basins, where applicable
d) area and sequence of site to be developed in first, second, and third t) *the baseline for x-sections in Section 407.4

year of operation u) leachate collection and treatment facilities, if proposed
location of test pits, wells, or bnrinns

407

407.4 Cross Sections 408.7 Fire control facilities shall be provided.

Show the following items in cross sections for every 100 feet along the 408.8 Fences and gates shall be installed to limit access to t

length of the proposed disposal area. Use a horizontal scale of 1" - 100' or 408.9 Final grade shall be compatible with surrounding property.

less and same as used above in Design Information, Section 407.2. Use d 408.10 An area shall be provided for "hot loads"; these loads shall be

vertical scale equal to or a multiple of the contour interval shown in Design extinguished either by the attendant or by the local fire departmi

Information Section 407.2g above. The vertical exaggeration shall not exceed 408.11 the disposal area shall be kept well drained. The base of the dis-

20:1. posal area shall have a slope adequate for drainage. This shall at

a) bedrock surface (if closer-to surface than oroundwater)- to the bottom of trenches if a trench method is to be utilized.

b) seasonal high water table refuse will be placed in surface water of any type.
c) water drainage features; swales; ditches; tiles, etc. 408.12 Monitoring wells may be required.

d) existing land surface 403.13 All-weather access roads are required.,

e) base grade - 408.14 Litter fencing shall be provided as needed.'. -
f) proposed lifts 408.15 Operating records shall be kept by the operator. These should fncl
f) proposed lifts

estimates of refuse volume or weight, or the rate at which availab
h) final grade of completed landfills bein used, occurrence of fires, need for vector control,

1) final elevation of completed landfill { equipment maintenance or unusual financial exrenditures. Such reco
shall be available to Department personnel.
407.5 Qualifications of Persons Preparini Plans 408.16 Face width should maximiize efficiency, being small enough to mainta

It is recognized that both the description of the site and the sophis- though large enough to handle the traffic.

tication of design and engineering for the facility will vary a great deal, 408.17 Equipment shall be provided to:

depending on the specific location and the volume'and type of waste to be a) compact the refuse in a series of layers, each layer not more t

disposed there. It is also recognized that the ability of persons and munici- 2 feet thick before compaction, the days aqgreqate of

palities to accomplish this type of work varies greatly. subject to daily cover requirements.

To make sound judgements, the Department needs complete and accurate b) handle the cover material.

information. c) grade the base and covet.

Therefore: d) assist vehicles.
a) All survey work accomplished and reported must be by a Recistered e) build and maintain roads.

Surveyor. f) control dust and vectors.
b) Design plans submitted need not be done by a Professional Engineer but 408.18 Maintenance and backup equipment shall be available within 48 hours

must be complete and accurate. after a breakdown.

408.19 Daily cover shall be placed at the end of each working day over the
408 OPERATING CRITERIA entire refuse cell to a minimum compacted thickness of at least
408.1 All normal domesic' and commercial wastes shall be accepted.
408.1 All normal domestic-and coesercial wastes shall be accepted. 6 inches. The purpose of daily cover is to minimize rodent and othet
408.2 Junked vehicles and white goods shall not be incorporated into the
vector problems and to minimize the possibility of fires.
disposal area if a reprocessing center is available. A separate stor-
408.20 Intermediate cover shall be placed to a minimum compacted thickness
age area may be provided. one foot, including daily cover, in cases where daily cover is ex-
408.3 Hazardous wastes may be accepted only if special provisions have been ne foot, including day cover n cases where daily cover is e
posed for more than 14 days.
made and approved by the Department of Envitonmental Protection.
408.21 Final cover shallhave a minimum Compacted thickness of 2 feet includ-
408.4 Salvag ing shall be controlled--nermits shall be issued by the facility any previous cover. t shall be placed within days of final
1mg any previous cover. It shall be placed within 14 days of final
administrators. Salvaging shall not-be allowed at the operating face.
refuse placement except durtnq winter operations. Final cover shall
408.5 An attendant shall be on duty durina all operating hours.
minimize Infiltration from surface water and shall inhibit settling,
408.6 All sites shall provide a method of communication to emergency medical,shall in
408 e, and law enforcement facilitis.6 cracking and Other erosions final cover shall be well graded, contain

fire, and law enforceent facilities.. g a minimum of lS% fines and compactable to a reasonably wa .

408

Iding surface. The final cover shall prevent ponding of water at the 409 CONDITIONAL OPERATIN9G CRITERIA FOR FACILITIES SERVIIIG LESS THAN 5000 PERSONS
of the disposal area and shall be placed in such a manner so to 409.01

maintain a surface slope sufficient to keep the surface well drained. Upon receivinq proper application the Board may authorize, by issuine

The final grade of the side slopes shall not be greater than 3:1. The a conditional use permit, the disposal of domestic and commercial solid waste
area shall be Seeded as soon as practical. Temporary rover may be and small quantities of non-hazardous industrial waste, at facilities serving

placed during winter months provided: less than 5000 persons under the following reduced operating criteria.

a) snow is removed prior to melt. The Board may authorize such reduced operating criteria only for those facil-
b) final cover is placed as soon as realistically possible. ities which, because of their proper siting, provide adequate protection tp
408.22 Operating Manual
-08 . 2 2 O p e a t i n a n ug r o u n d an d s u r fa c e waters.
An operation manual shall be submitted for approval. The following items 409.1 All normal domestic and commercial wastes shall be accepted.

shall be included: .409.2 Junked vehicles and white goods shall not be incorporated into the

a) type of operation (area,' trench) disposal area if a reprocessing center is available. A separate

b) face width storage area may be provided.

c). lift height 409.3 Salvaging shall be controlled--permits shall be issued by the facility

d) estimated area to be utilized during each year of operation administrators. Salvaging shall not be allowed at the operating face.

e) operating hours . 409.4 An attendant shall be on duty during all operating hours.

f) type'and number of equipment available including standby equipment 409.5 All sites shall provide a method of comunication to emergency

q) special procedures for winter operation (stockpiling, pretrenching, etc.) medical, fire and law enforcement facilities.

h) seeding schedule for completed areas of fill 409.6 Fire control facilities shall be provided.

I) erosion control methods (seedinq, rip-rap, etc.) 409.7 Fences and gates shall be installed to limit access to the site.
;) eosio conrol ethos (sedin, r p-a, etc.)
J) safety procedures 409.8 An area shall be provided for "hot loads"; these loads shall be extin-

operatinq and safety procedures for any area used for temporary storaqe guished either by the attendant or by the local fire department.

of Junked vehicles, white goods, etc. 409.9 The disposal area shall be kept well drained. The base of the disposal

1) schedule for removino Junked cars, white goods, etc. area shall have a slope adequate for drainage. This shall apply to the

m) number of personnel and their specific duties bottom of trenches if a trench method is to be utilized. No refuse shall

n) fire prevention and fightino~ procedures be placed in surface water of any type.
n) fire prevention and f,.qhttna procedures
:409.10 All weather access roads are required.
o) handling and disposal procedures for special wastes 409.10 All weather access roads are required.
p) fees. 409.11 Litter fencing shall be provided as needed.

q ~ accounting procedures ; 409.12 Operating records shall be kept by the operator. These should Include
r) name responsbit for maintenance of access roads estimates of refuse volume or weight, or the rate at which available
r) name responsibility for maintenance of access roads
108.23 Occurrence Reports land is being used, occurrence of fires, need for vector control,

ithn 48 hours of an unusual or unauthorized occurrence a written equipment maintenance or unusual financial expenditures. Such records
Within 48 hours of an unusual or unauthorized occurrence a written
shall be available to Oeparbeent personnel.
report shall be submitted to the Department stating the nature of shall be available to epartment personnel
409.13 Face width should maximize efficiency, being small enough to main-
the occurrence. Reports shall be made for at least the following though large enough to handle the traffic.
rain, though large enough to handle the traffic.
occurrences:
409.14 Equipment shall be provided to:
a) bod Ily injury at the facility
a): b l na) compact the refuse in a series of layers, each layer not more than
b) health problems traced to the facility or suspected of beino
2 feet thick before compaction, the days aggregate of layers sub-
associated with the facility
Ject to daily cover requirements.
c) fire
b) handle the cover material.
d) disposal of any hazardous waste not previously authorized
c) grade the base and cover.
e) the breakdown of equipment
d) assist vehicles.
f) other unusual occurrences ) build and maintain roads.
_ e) ~~~~~~~~~~~~~~~~~~~~~build and maintain roads.

f) control dust and vectors.

409

c) fire
409.15 Maintenance and backup equipment shall be provided within one week d) disposal of any hazardous waste not previously authori
d) disposal of any hazardous waste not previously authorized
after a breakdown.
e) the breakdown of equipment
409.16 From April 1 through December 15 in the southern zone and from April 16
f) other unusual occurrences
through NIovember 30 in the northern zone daily cover shall be placed

at the end of each working day over the entire refuse cell to a mn- PER G RER FR F ES REEVG ESS
,10 CO~{OITIO:IAL OPERATING CRITERIA FOR FACILITIES RECEIVIrtG LESS TItAN TE!
Imum compacted thickness of at least 6 inches. The purpose of daily
TOIlS PER WEEK
cover is to minimize rodent and other vector problems and to minimize
410.01 All facilities receiving less than lo tons per week are granted
the possibility of fires.
conditional use permit to operate under the following reduced ope
409.17 Intermediate cover shall be placed to a minimun compacted thickness of
ing criteria, unless the Board of Environmental Protection conclr
one foot, including daily cover, in cases where daily cover is exposed
that operation under the reduced criteria would result in increas
for more than 14 days. It shall meet the same physical conditions as
environmental impact on ground and surface'waters, or would pose
final cover.
409.18 Final cover shall have a minimum compacted thickness of 2 feet includ- danger to public health and safety.

lng any previous cover. It shall be placed within 30 days of final 410.02 The reduced operating criteria is outlined in sections 410.1
through 410.19:
refuse placement. Final cover shall minimize infiltration from surface

water and shall inhibit settling, crackino and other erosion; final 410.1 Junked vehicles and white goods shall not be incorporated into the
cover shall be well graded, containing a minimum of 15: fines and disposal area If a reprocessing center is available. A separate

compactable to a reasonably water shedding surface. The final cover storage area may be provided.

shall prevent ponding of water at the base of the disposal area and
410.2 Salvaging shall be controlled--permits shall be issued by the
shall be placed in such a manner so tQmaintain a surface slope
facility administrators. Salvaging shall not be allowed at the
sufficient to keep the surface well drained. The final grade of the facility administrators. Salvaging
operating face. _
side slopes shall not be greater than 3:1. The area shall be seeded _

as soon as practical. 410.3 The facility may be open only two days consecutively on a weekly

409.19 Between September 15 and November 15, a thorough rodent extermination basis. Sites open for more than two days per week do not qualify

program shall be executed usinn a sinnle dose poison. for these reduced operating criteria.

409.20 On a weekly basis from December 16 throuqh March 31 in the southern
410.4 An attendant shall be on duty during all operating hours.
zone and from December 1 through April 15 in the northern zone refuse

shall be pushed into layers two feet thick and then comnacted. The 410.5 Fire control facilities shall be provided.

aggregate of layers shall not exceed 8 feet in thickness before
410.6 Fences and gates shall be installed to limit access to the site.
intermediate cover is placed.

409.21 Before April 1 In the southern zone and before April 15 in the 410.7 The disposal area shall be kept well drained. The base of the dispose

northern zone, snow shall be pushed off the refuse not already having area shall have a slope adequate for drainage. This shall apply to tn

final cover and intermediate cover shall be placed on all exposed bottom of trenches if a trench method is to be utilized. No refuse wi

refuse to a thickness of I foot after compaction. be placed in surface water of any type.-

409.22 Operation Manual - An operation manual as described in item a08.22 410.8 Litter fencing shall be provided as needed.
shall be submitted for approval. - 410.9 Face width should maximize efficiency, being small enough to main-

409.23 Occurrence Reports - Within a8 hours of an unusual or unauthorized tain, though large enough to handle the traffic.

occurrence a written report shall be submitted to the Department 410.10 Equipment shall be provided to:

stating the nature of the occurrence. Reports shall be made for at a) compact the refuse in a series of layers, each layer not more
than 2 feet thick before compaction, the aggregate of layers
least the following occurrences:

a) bodily injury.at the facility subject to cover requirements.

b) health problems traced to the facility or suspected of being b) handle the cover material.

associated with the facility

410

c) grade the base and cover.
cW grade the base and cover. 8) bodily injury at the facility
d) assist vehicles.
b) health problems traced to the facility or suspected of being
e) build and maintain roads.
associated with the facility
f) control dust and vectors.
c) fire
10.11 Maintenance and backup equipment shall be provided within one week
d) disposal of any hazardous waste not previously authorized
after a breakdown.
e) the breakdown of equipment
10.12 From April 1 through December 15 in the southern zone and from April 16 qum

through November 30 in the northern zone on a biweekly basis, the refuse f) other unusual occurrences

shall be pushed into layers two feet -thick, compacted and covered with

6 inches of soil material having at least 15 percent fines.
10.13 Between September 15 and November 15, a thorough rodent extermination C V
program shall be executed, using a single dose poison. 411 VARI1NCE PROCEDURES AND CONDITIONAL USE PERMITS

10.14 Before December 15, all refuse deposited within that year must be 411.1 Variance

covered to a total depth of I foot, including previous cover, with Any person responsible for solid waste activity may apply to the Board

soil material containing a minimum of 15% fines, well graded, and free for a variance from regulations promulgated herein. The application may be

of cobbles greater than 6 inches in diameter, accompanied by such information and data as the Board may reasonably require.
10.15 From December 16 through March 3'1 in the southern zone and from
The Board shall grant such variance for whatever neriod it deems approoriate if4
December 1 through April 15 in the northern zone refuse may be
it finds that:
deposited at the facility without compaction or cover. The total Proposed activity will not endanoer human health and safety.

lift height during this period shall not exceed 8 feet.
b) Proposed activity reasonably ensures preservation of environmental
10.16 Before April I in the southern zone and before April 15 in the quality.

northern zone, snow shall be pushed off uncovered refuse, the refuse c) Compliance with the rules and regulations from which a variance is

shall be graded and compacted, the face shall be graded to a slope sought either:

no steeper than 3:1 and compacted, and all uncovered refuse shall be a) produces serious hardship, or

covered by at least I foot of soil material containing a minimmum of b) would not provide a greater degree of health, safety, or environ-
15 percent fines, well graded, and free of cobblos. mental protection than the proposed alternative.
0.17 Final covershall have a minimum compacted thickness of 2 feet includ- 411.2 Conditional Use Permit

ing any previous cover. It shall be placed on areas of the site reach- The Board, upon approving a variance, shall issue a Conditional Use

Ing final grade. Final cover shall minimize infiltration from surface Permit for the proposed activity. Such a permit may include such conditions
water and shall inhibit settlinq, cracking and other erosion; final of location, design, and operation as the Board may reasonably require, and

cover shall be well graded, containing a minimum of 15% fines and may be granted for whatever time period the Board deens appropriate.

compactable to a reasonably water shedding surface. The final cover 411.3 Revocation of Permit

shall prevent pandinO of water at the base of the fill and shall be If the construction, operation, and maintenance of the solid waste
placed in such a manner so to maintain a surface slope sufficient to facility are not according to the terms of the Conditional Use Permit, the

keep the surface well drained. The final grade of the side slopes permittee shall be given 30 days from the date of mailing of the violation

shall not be greater than 3:1. The area shall be seeded as soon as notice by the Commissioner to comply with the conditions of the Conditional

practical. Use Permit. The violation notice shall be sent ce:tified mail, return receipt
).18 Operation Manual - An operation manual as described in item 408.22 requested. If the operator fails to comply with the conditions of the Conditional

shall be submitted for approval. Use Permit within the 30 day period, the Board of Environental Protection may

.lg Occurrence Reports - Within 48 hours of an unusual or unauthorized revoke the Conditional Use Per-.it. In the event of an emergency, as determined by

occurrence a written report shall be submitted to the Department the Commissioner, he may revoke the Conditional Use Permit without giving the
stating the nature of the occurrence. Reports shall be made for at permittee 30 days to correct the deficiencies.

Weast the following occurrences:

411

FIO

THE STREAM ALTERATION ACT

Title 12, Sections 2206 - 2212 as amended by
Chapters 388 and 623, Laws of Maine, 1975

ALTERATION OF RIVERS, STREAMS AND BROOKS
T{E STREAM ALTERATION ACT
Section 2206. Prohibitions

No individual person, firm, corporation, municipality, state agency or Section 2209. Administration
other legal entity shall dredge or cause to be dredged, fill or cause to be
filled, or erect or cause to he erected a causeway, bridge, marina, wharf, The commissioner may, pursuant to the Administrative Ccie and based
dock or other permanent structure, above head of tide, in, on or over any upon the standards provided in section 2207, adopt, amend ar: repeal such
river, stream or brook or on the land adjacent to any river, stream or brook regulations, establish such hearing procedures and charge si.:h fees as lie
in such a manner that any dredged spoil, fill or structure may fall or be deems necessary to properly administer this subchapter. Fet collected shall
washed into such waters, without first obtaining a permit therefor from the accrue to the department and shall be expended by it for exf:%ses in carrying
commissioner. out its duties prescribed by this subchapter.

Section 2207. Permits; standards Section 2210. Penalties

If the applicant for the permit demonstrates to the satisfaction of the Any individual person, firm, corporation, municipality, state agency or
commissioner that the proposed activity will not unreasonably interfere with other legal entity who dredges or causes to be dredged, fill; or causes to be
existing recreational and navigational uses; nor cause unreasonable soil erosion; filled or erects or causes to be erected any causeway, bridi t, marina, wharf,
nor unreasonably interfere with the natural flow of any waters; nor unreasonably dock or other permanent structure, above tidewater, in, on C over any river,
harm any fish habitat or wildlife habitat; nor lower the quality of any waters, stream or brook or on the land adjacent to any such river, s real or brook
the commissioner shall grant the permit upon such terms as he deems necessary in such a manner that any dredged spoil, fill or structure sy fall or be
to insure that the proposed activity will comply with the foregoing standards. washed into such waters without first obtaining a permit frc:i the commissioner,
kH~~~~~~~~~~~~~~~~~~~~~~ ~~shall be punished by a fine of not more than $200 for each da: of such violation.
b,
In the event the river, stream or brook is utilized by a water company,
a municipality or a water district as a source of supply, the applicant for Section 2211. Injunction; restoration
the permit shall at the time of filing an application forward a copy of the
application to the water company or water district by certified mail. In the event of the violation of this subchapter, the Attorney General
may institute proceedings to enjoin further violations and to compel restoration
Section 2208. Hearings; appeals of the affected area to its condition prior to the occurrences of the violation.

In the event that an application for a permit is denied, or that it is Section 2212. Exemptions
granted upon terms objectionable to the applicant, the applicant may, within
30 days of receipt of notice of such decision, file a notice of appeal with This subchapter shall not apply to river, stream or brohk crossings in
the commissioner. The commissioner may then, within 30 days of receipt of connection with public works projects which shall alter not core than a total
such notice of appeal, provide the applicant with the opportunity for a hearing of 300 feet in any mile of shore nor to private crossing or :an projects which
which shall be before him or his designee, and of which a transcript shall be shall alter not more than a total 100 feet in any mile of sh: re. Alterations
made. Any person aggrieved by an order or decision of the commissioner following to both shores of the'river, stream or brook shall be combinid in arriving at
such hearing may, within 30 days of receipt of notice of such decision, appeal a total shore footage.
therefrom to the Superior Court by filing a notice of appeal stating the points
of appeal. Such appeal shall be heard by the court without a jury in the This subchapter shall not apply to emergency repairs, maintenance of
manner and with the rights provided by law in other civil actions so heard. railroad structures, track, or roadbed within the located ri
The proceedings shall not be de novo. The court shall receive into evidence any rairoad.
true copies of the transcript of the hearlhg, the exhibits thereto and the Section 2. Application. Chapter 84 of the Resolves of 1973, relative
decision of the commissioner. The aourt's review shall be limited to questionsTown of Bigham to remo ve sand bars at co of Asti
-f c i r i to authorizing the Town of Bingham to remove sand bars at co-fluence of Austin
of law and to whether the commissioner acted regularly and within the scoupe Stream and Kennebe River, shall be exempt from the provisios of the Act for
of his authority and the commissioner's decision shall be final so long as the duration of the town's auth ority.
supported by substantial evidence. The court may affirm, reverse or remand
the commissioner's decision for further proceedings. Appeals from all other
orders or decisions of the commissioner, unless otherwise specified by statute,
shall be taken pursuant to the alitne Rules of Civil Procedure, Rule 8OB.

Fl I

SUBCHAPTER II-A in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed
~OIL DISCHARGE PREVENTION AND P~OLLUTL~ION CONTRK~OL ~with other wastes, crude oils and all other liquid hydrocarbons regardless of specific gravity.
OIL DISCHARGE PREVENTION AND IPOLLUTION CONTROL
1969, c. 572, � 197, c. 375, � 2
7. Oil terminal facility. "Oil terminal facility" means any facility oC any kind and
�541. Findings;purpose related appurtenances, located in, on or under the surface of any land or wat-r. including
The Legislature finds and declares that the highest and best uses of the seacoast of the State submerged lands, which is used or capable of being used for she purpose of transferring.
are as a source of public and private recreation and solace from the pressures of an industrial- processing or refining oil, or for the purpose of storing the same, but does not include any
lzrd society, and as a source of public use and private commerce in fishing, lobstering and facility used or capable of being used to Store no more than 500 barrels, nor any facility not
gathering other marine life used and useful in food production and other commercial activities. engaged in the transfer of oil to or from waters of the State. A vessel shall be considered an oil
terminal facility only in the event of a ship to ship transfer of oil, but only that vessel going to
The Legislature further finds and declares that the preservation of these uses is a matter of or coming from the place of ship to ship transfer and a permanent or fixed oil terminal facility.
the highest urgency and priority and that such uses can only be served effectively by maintain-
ing the coastal waters, estuaries, tidal flats, beaches and public lands adjoining the seacoast in as 1977, 375, 3.
close to a pristine condition as possible taking into account multiple use accommodations 8. Operate or operator. "Operate or operator" shall mean any person owning or oper-
necessary to provide thie broadest possible promotion of public and private interests with the 'ating an oil terminal facility whether by lease, contract or any other form of agreement.
least possible conflicts in such diverse uses. 9. Person. "Person" shall mean any natural person, firm, association, partnership, cor-
The Legislature further finds and declares that the transfer of oil, petroleum products and poration, trust, the State of lMaine and any agency thereof, governmental entity, quasi-govern-
their by-products between vessels and vessels and onshore facilities and vessels within the mental entity, the United States of America and any agency thereof and any other legal entity.
jurisdiction of the State and state Waters is a hazardous undertaking; that spills, discharges and 1977, c. 375, 4.
escape of oil, petroleum products and their by-products occurring as a result of procedures
Involved in the transfer and storage of such products pose threats of great danger and damage to 10. Transferred. "Transferred" hah include both onloading and offloading between
the marine, estuarine and adjacent terrestrial environment of the State; to owners and users of terminal and vessel and vessel to vessel.
shorefront property; to public and private recreation; to citizens of the State and other interests 11. Vessel. "Vessel" includes every description of watercraft or other contrivance
deriving livelihood from marine-related activities: and to the beauty of the Maine coast; that used, or capable of being used, as a means of transportation on water, whether self-propelled or
such hazards have frequently occurred in the past, are occurring now and present future threats otherwise and shall include barges and tugs.
4n P ~of potentially catastrophic proportions, all of which are expressly declared to be inimical to the 1970, c. 572, � 1; 1973, c 625, � 277.
paramount interests of the State as herein set forth and that such state interests outweigh any
LO ~economic burdens imposed by the Legislature upon those engaged in transferring oil, petroleum � 543. Pollution and corruption of waters and lands of the State prohibited
products and their by-products and related activites.
The Legislature intends by the enactment of this legislation to exercise the police power of lThe discharge of oil into or upon any coastal waters, estuaries, tidal flats, beaches and lands
the State through the Board of Environmental Protection by conferring upon said board the adjoining the seacoast of the State, or into any river, stream, sewer, surface water drain or other
exclusive power to deal with the hazards and threats of danger and damage posed by such waters of the State is prohibited.
transfers and related activities; to require the prompt containment and removal of pollution 1969, c. 572; 1977, c. 375, � S.
occasioned thereby; to provide procedures whereby persons suffering damage from such occur- Notwithstanding the prohibition of this section, the Board of Environmental Protection
tences may be promptly made whole; and to establish a fund to provide for the inspection and may license the discharge of waste, refuse or effluent, including natural drainage contaminated
supervision of such activities and guarantee the prompt payment of reasonable damage claims by oil, petroleum products or their by-products, into or upon any coastal waters if, and only if,
resulting therefrom. It finds that such discharge will be receiving the best available treatment and that such discharge
1969, c. 572; 1972, c. 618. will not degrade existing quality nor preceptibly violate the classification of the receiving
waters, nor create any visible sheen upon the receiving waters.
The Legislature further finds and declares that the preservation of the public uses referred to ater no create any visible sheen upon the receiving waters.
herein is of gr ave public interest and concern to the State in promoting its general welfare, In acting upon an application for any such license, the board hall follow the provisions of
preventing disease, promoting health and providing for the public safety, and that the State's subchapter I insofar as they are applicable.
Interest in such preservation outweighs any burdens of absolute liability imposed by the Legisla- 1970, c. 572, � 1; 1973, c. 423, � I1.
ture upon those engaged in transferring oil, petroleum products and their by-products and
telated activities. � 544. Powers and duties of the Board
The powers and duties conferred by this subchapter shall be exercised by the Department of
�542. Definitions Environmental Protection and shall be deemed to be an essential governmental function in the
The following words and phrases as used in this subchapter shall, unless a different meaning exercise of the police power of the State.
Is plainly required by the context, have the following meanings: 1. Jurisdiction. The powers and duties of the board under this subchapter shall extend
1. Barel. "Barrel" shall mean 42 U.S. gallons at 60 degrees Farenheit. to the areas described in section 543 and to a distance of 12 mile s from the coastline of the
2. Repealed. 1973, c. 625, � 277. State.
3. Board. "Board" shall mean the Board of Environmental Protection. 2. Licenses. Licenses required under this subchapter shall be secured from the board
~~~~~~~~~~~~~~~1972.~~~~~~ c. 618 B~~~. subject to such terms and conditions as are set forth in this subchapter.
1972, c. 618.
4. Discharge. "Discharge" means any spilling, leaking, pumping, pouring, emitting, 1970, c. 572; 1972, c. 618.
emptying or dumping.
~~~~~~~~~~~~~~~~~~emptying or dumping. $ ~� 45. Operation without license prohibited
5. Fund. "Fund" shall mean tie baine Coastal Protection Fund.
No person shall operate or cause to be operated an oil terminal facility as defined in this
6. Oil. "Oil" means oil, petroleum products and their by-products of any kind and subchapter without a license.
'"T

1. Expiration of license. licenses shall be issued upon applicataon and shall be for a facilities, and refineries and te approach and departure front terminals faciiti s, and
period of not less than 12 months to expire no later than 24 months after the date of issuance. refiner ies.
IThe board may issue a temporary license for a shorter period of time if it finds that the
applicant has substantially complied but has fadiled to comply with one or more provisions of H. Such rules and regulations as the exigencies of any condition may require or uch as
existing regulations. Licenses shall be issued subject to such terms and conditions as the board may reasonably be necessary to carry out the intent of this subchapter.
may determine as necessary to carry out the purposes of tlis subchapter. 1970, c. 572; 1972, c. 618.
1970, c. 572, � 1; 1972, c. 618; 1977, c. 375, � 6.
~~. Renewal ofiicenses. ~~~~~~~~~~~~~�547. Emergency proclamation; Governor's powers
2. Renewal of licenses. As a condition precedent to the issuance or renewal of a license
the board shall require satisfactory evidence that the applicant has or is in the process of Whenever any disaster or catastrophe exists or appears imminent arising from the dl charge
Implementing state and federal plans and regulations for control of pollution related to oil, of oil, petroleum products or their by-products, te Governor shall by proclamation decl re the
petroleum products and their by-products and the abatement thereof when a discharge occurs. fact and that an eergency exists in any or all sections of the State. i the Goveor is
temporarily absent from the State or is otherwise unavailable, the next person in the Sta e who
1970, c. 572; 1972, c. 618. would act as Governor if the office of Governor were vacant shall, by proclamation, decl re the
3. Exemptions. The Legislature finds and declares that the likelihood of significant fact and that an emergency exists in any or all sections of the State. A copy of such proclama-
damage to marine, estuarine and terrestrial environment, due to spills of oil, petroleum prod- tion shall be filed with the Secretary of State. The Governor shall have general directi n and
ucts and their by-products by the following classes of persons, is remote due to the limited control of the Board of Environmental Protection and shall be responsible for carrying ut the
nature of their operations and the small quantities stored, and accordingly exempts the same purposes of this subchapter.
from the licensing requirements imposed by this section: 1970, c. 572; 1972, c. 618.
A. Mbarinas. Persons engaged in the business of servicing the fuel requirements of plea- In performing his duties under this subchapter, the Governor is authorized and dire ted to
sure craft, fishing boats and other commercial vessels, where the purchaser and the con- cooperate with all departments and agencies of the Federal Government, ith the offic and
sumer are the same entity and the serviced vessel is 75 feet or less in overall length. agencies of other states and foreign countries, and the political subdivisions thereof, an with
4. Certain vessels included. Licenses issued to any fixed or permanent oil terminal private agencies in all matters pertaining to a disaster or catastrophe.
facility shall include vessels under the direction or control of such facility and used to transport In performing his duties under tis subchapter, the Governor is further authorid and
oil, between such fixed or permanent facility and vessels within state waters. Any person empowered:
operating or causing to be operated a vessel used to transport oil between a permanent or fixed
oil terminal facility and vessels within state waters, which vessel is not subject to the direction 1. Orders, rules and regulations. To make, amend and rescind the necessary rders,
or control of that permanent oil terminal facility, shall obtain a license as required by this rules and regulations to carry out this subchapter within the limits of the authority coferred
section. upon him and not inconsistent with the rules, regulations and directives of tie President of the
H1970,~~~ c. 572, � 1; 1977, 375 � 7 ~~~~~~~United States or of any federal department or agency having specifically authorized eme ency
I'1970, c. 572, � 1; 1977, c 375, � 7.functions.
� 546. Regulatory powers of board 2. Delegation of authority. To delegate any authority vested in him under ths sub-
chapter, and to provide for the subdelegation of any such authority.
~~~~~1-.~~~~~~~~~~~~~~ Repealed. H~Whenever the Governor is satisfied that an emergency no longer exists, he shall ter nate
the proclamation by another proclamation affecting the sections of the State covered y the
2. Repealed. original proclamation, or any part thereof. Said proclamation shall be published m such news-
3- Repealed. papers of the State and posted in such places as the Governor, or the person acting i that
1970.c.S72.c.618;1977,c.300, �35 & 36 capacity, deems appropriate.
3. Civil defense. The provisions of Title 37-A, chapter 3, as they shall apply to e finent
4 .EXtent of regulatory powers. The board shall have the power to adopt rules and Cvlfeu 'h riso f te 7 cae 3 lc hl pl orint
4. Extent of regu latory powers. The bo ard shall have the power to adopt rules and domain and compensation, nmutual aid, immunity, aid in emergency, right of way, enforc ment
regulations including but not limited to the following matters and compensation shall apply to disasters or catastrophies proclaimed by the Governor under
A. Operating and inspection requirements for facilities, vessels, personnel and other this subchapter.
matters relating to licensee operations under this subchapter. 1970, c. 572, � 1; 1973, c. 788 � 212.
1970, c. 572, � 1; 1973, c. 788, � 212.
B. Procedures and methods of reporting discharges and other occurrences prohibited by
this subchapter. � 548. Removal of prohibiteddischarges
C Procedures, methods, means and equipment to be used by persons subject to regula- Any person discharging oil, petroleum products or their by-products in the manner prohib-
tions by this subchapter. ited by section 543 shall immaediately undertake to remove such discharge to the rd's
satisfaction. Notwithstanding the above requirement the board may undertake the removat of
D. Procedures, methods, means and equipment to lie used in the removal of oil and ~ ai~cin owtsadn h bv eurmn h or a netk h eoval of
D. Proedures, methods, means and equipment to be used in the removal of oil and ssuch discharge and may retain agents and contracts for such purposes who shall operate under
~~~~~~~~~~~~~~~~~petroleum pollutants. ~the direction of the board.
F~ Development and implementation of criteria and plans to meet oil and petroleum
E_ D e velopment and implenentation of criteria and plans to meet oil and petroleum Any unexplained discharge of oil, petroleum products or their by-products within state
pollution occurrences of various degrees and kinds.
polletabisen ccurfro ent me of ctrious dies c sn kcionds. jurisdiction or discharge of oil, petroleum products or their by-products occurring in aters
F. The establishment from time to time of control districts comprising sections of the beyond state jurisdiction that for any reason penetrates within state jurisdiction sh ll be
Maine coast and the establishment of rules and regulations to meet the particular require- removed by or under the direction of the board. Any expenses involved in the remoal of
ments of each such district, discharges, whether by the person causing the same, the person reporting the same or the board
G. Requirements for the safety and operation of vessels, barges, tugs, motor vehicles, by itself or through its agents or contractors shall be paid in the first instance from the Maine
motorized equipment and other equipment relating to the use and operation of terminals. Coastal Protection Fund hereinafter provided for and any reimbursements due said func shall
be collected in accordance with the provisions of section 551.
1970, c. 572; 1972, c. 618.

r -~~~(

� 549. Personnel and equipment amount fo the damage claim, or in the case where the person causing the discharge is not
known after the board shall have exercised reasonable efforts to ascertain the discharger, if
The the claimant and the board cannot agree as to the amount of the damage claim, the claim
The board shall establish and ma~intain at such ports within the State, and other p Cesasi the claimant and the board cannot actc dre asonableeffors to sc rf the disch arger , iflai
shall determine, such employees and equipment as in its judgment may be necessary to carry shall forthwith be transmitted for action to the Board of Arbitration as provided in this
out the provisions of this subchapter. The board. subject to the Personnel Law, may employ subchapter.
such personnel as may be necessary to carry out tile purposes of this subchapter, and shall Thd party damage claims shall be stated in their iret in one application. Damages
prescribe the duties of such employees. C Thirdparty danage claims shall be stated in their entirety in one application. Damages
ofscheploreescribeand the dos of such eqipmroye omitted from any claim at the time the award is made shall be deemed waived.
The salaries of such employees and te cost of such euipment shall be paid fro the Maine D. Damage caims arising under this subchapter shall be recoverable only in the manner
Coastal Protection Fund established by this subchapter. The board and the Mlaine Mining provided under this subchapter, it being the intent of the Legislature that the remedies
Bureau shall periodically consult with each other relative to procedures for the prevention of oil. provided in this subchapter are exclusive.
discharges into the coastal waters of the State front offshore drilling production facilities.
Inspection and enforcement employees of the board in their Lineof duty under this subchapter E Awards from the fund on damage claims shall not include any amount which the
shall have the powers of a contstable. claimant has recovered, on account of the same damage, by way of settlement with or
1970, C. 572, �1;1971, c. 544, � 134; 1972, c. 618. judgment of the federal courts against th'e person causing or otherwise responsible for the
� 550,SSO.~~~~~ ~ Enforcement; penal ~ties ~discharge.
� ~~~~550. Enf~~orcec~ment; ~penalt~~es~ ~2-A. Exceptions; 3rd party damage claims. Subsection 2, 3rd party damages, shall not
Any person who causes or is responsible for a discharge in violation of section 543 shlall not apply to waters of the State classified under sections 368, 369 and 371, except those waters
be subject to any fines or civil penalties if such person promptly reports and removes such below head of tide until July 1, 1978.
discharge in accordance with the rules, regulations and orders of the board. 1977, C. 375, �I .
1970, C. 572, � 1; 1977, c. 375, � 9. 3. Board of Arbitration. The Board of Arbitration shall consist of 3 persons, one to be
:970 c.572chosen by the person determined in the first instance by the board to have caused the dis-
�SS1. Maine Coastal Protection Fund charge, one to be chosen by the board to represent the public interest and one person chosen
The Maine Coastal Protection lund is established to be used by the board as a nonlapsing, by the first 2 appointed members to serve as a neutral arbitrator. The neutral arbitrator shall
revolving fund for carrying out the purposes of this subchapter. The fund shall be limited to serve as chairmas. If the 2 arbitrators fail toagree upon, select and name the neutral arbitrator
$4,000,000 until July 1, 1978. Thereafter the fund shall be limited to $6,000,000 and the within 10 days after their appointment then the board shall request the American Arbitration
Board of Environmental Protection shall collect fees in accordance %Njth subsection 4. To this Association to utilize its procedures for the selection of the neutral arbitrator.
fund shall be credited all license fees, penalties and other fees and charges related to this 1970, c. 572; 1972, c. 618.
subchapter, and to this fund shall be charged any and all expenses of the board related to this A No member of te board shal serve as an arbitrator.
H 'ub'h'p't'.ncludingadminstrativeex~encs-C~stsafrerovalofdisch,,,,ofponu nAA No member of the board shall serve as an arbitrator.
subchapter, including administrative expenses, costs of removal of discharges of pollutants, and
UV 3rd party damages covered by this subchapter. 1970, c. 572; 1972, c 618.
1977, c. 375, � 10. t. A party determined by the board to have caused a discharge shall appoint an arbitrator
Minthefundnotne e d e d cur eny0meettheobgatons ft heboadnothe within such period of time as the board may be regulation prescribe. In the event that the
exercis in the fund.it repai needed currently to meet the obligations of the board in the party shall fail to select its arbitrator within 10 days after receipt of notice from the board
exercise of its r esponsibilities under thlis subchapter shall be deposited with the Treasurer of sia such selection is necessary, she board shall tequest the Americas Arbitration Associa-
State to the credit of the fund, and may be invested in such manner as is provided for by ton to select an arbitrator to represent the interest of the party in the arbitration proceed-
statute. Interest received on such investment shall be credited to the Maine Coastal Protectionp c
Fund. int .
~~~~~~~~~1970, ~~C. 572; 1972, e~. 618 S~~. ~In the case where the person causing the discharge is unknown, the board shall request
1. Research and development. The Legislature may allocate not nsmore than $1 the American Board of Arbitration to appoint an arbitrator to represent the interest of the
1. Research and developmenL The Legislature may allocate not more than $100,000 unknown party.
per annum of the amount then currently in the fund to be devoted to research and develop- unknown party.
.ment in the causes, effects and removal of pollution caused by oil, petroleum products and 1977, c. 375, � 12.
their by-products on the marine environment. Such allocations shall be made in accordance C. One Board of Arbitrators shall be established for and hear and determine all claims
with the provisions of section 55. arising from or related to a common single discharge.
2 Thirds party damages. Any person, claiming to have suffered damages to real estate D. Hlearings before Boards of Arbitrators shall be informal, and the rules of evidence
.or lrsonal property or loss of income directly or indirectly as a result of a discharge of oil, prevailing in judicial proceedings shall not be binding. The Board of Arbitration shall have
prohibited by section 543, hereinafter c a lled the claimant, may apply within 6 months after the the power to administer oaths and to require by subpoena the attendance and testimony of
occurrence of such discharge to the board stating the amount of damage alleged to be suffered witnesses, the production of books, records and other evidence relative or pertinent to the
as a result of such discharge. The board shall prescribe appropriate forms and details for the issues represented to them for determination.
applications. The board may. upon petition and for good cause shown, waive the 6 months' F Determinations made by a majority of the Board of Arbitration shall be final, and
limitation for filing damage claims. such determinations may be subject to review by a justice of the Superior Court but only as
A. If the claimant, the board and the person causing the discharge can agree to the to matters relating to abuse of discretion by the board.
damage claim, or in the case where the person causing the discharge is not known after the erseatin o e o reo bth oar
board shall have exercised reasonable efforts to ascertain the discharger, if the claimant and of Arbitration shall not be deemed an admission of
the board can agree to the damage claim, the board shall certify the amount of the claim l iability for the discharge.
and the name of the claimant to thre Treasurer of State and the Treasurer of State shall pay License ee shall be determined on the basis of per barrel of oil transferred by thei
the same from the Maine Coastal Protection hlund.ing
. Ifo the claimant, the board and the person causbe determined on the basischarge cannot agree as to the licensee during the licensing period and shrrel be paid monthly by trahe censferred byon the basis of
B. if the claimant. the board and the person causing the discharge cannot agree as to the licensee during the licensing period and shall be paid monthly by the licensec on the basis of

1977, c. 375, � 14.
records certified to the board, provided that during such time as any bonds issued pursuant 7. Waiver of reimbursemenL Upon petition of any licensee the board may, after hear-
to the private and special laws of 1969, chapter 239, shall remain outstanding and funds ing, waive the right to reimbursement to the fund if it finds that the occurrence was the result
made available for interest and debt retirement shall be inadequate for such purpose, the of any of the following:
license fee shall be determined on tile basis of l.Oq per barrel. License fees shall be paid to 1977, c. 375, � 15.
the board and upon receipt by it credited to the Maine Coastal Protection l-und A- An act of war.
B. W henever the balance in tile fund has reached the limit provided under this sub-
. Whenever the balance i te fund has reached the limit provided nder is sub- B. An act of government, either State, Fede ral or municipal, except insofar as the act was
chapter, license fees shall be proportionately reduced to cover only administrative expenses
and sums allocated to research and development, provided that the license fees shall con- puruant to section 548;
tinue without reduction during such time as any bonds issued pursuant to the private and 1977, c. 375, � 16.
special laws of 1969, chapter 239, shall remain outstanding and funds made available for C- An act of God, which shall mean an unforseeable act exclusively occasioned by the
interest and debt retirement thereunder shall be inadequate for such purpose. violence of nature without the interference of any human agency.
C. AlI sums received by the board when the balance in the fund has reached $4,000,000 Upon such finding by the board immediate credit therefore shall be entered for the party
shall, after deduction of administrative expenses and sums allocated to research and develop- involved. The findngs of the board shall be conclusive as it is the legislative intent that waiver
ment, promptly be remitted to the Treasurer of State to be held distinct from all other provided in this subsection is a privilege conferred not a right granted.
moneys of the State for the payment of interest and debt retirement pursuant to the private
and special laws of 1969, chapter-239, section 5- When there has been no interest or debt 1970, c. 572, � 1; 1972, c. 618; 1973, c. 625, �� 278, 279.
incurred pursuant to the private and special laws of 1969, chapter 239, section 5, or upon
payment of all interest and debt so incurred, the Treasurer of State shall credit to the fund � 552. iabilities of licensees
all sums received according to this subchapter. 1. Licensee shall be liable. A licensee shall be liable for all acts and omissions of its
1970, c. 572; 1972, c. 618; 1975, c. 379, � 2; 1977, c. 375. � 13. servants and agents, and carriers destined for the licensee's facilities from the time such carrier
shall enter state waters until such time as the carrier shall leave state waters.
5. Disbursements from fund. bloneys in the Maine Coastal Protection Fund shall be
Diburse ments forrom fund. Moneys in the Mafollowin e Coastal Protections and no others: 2. State need not plead or prove negligence. ecause it is the intent of this subchapter
to provide the means for rapid and effective clean-up and to minimize direct damages as well as
A. Administrative expenses, personnel expenses and equipment costs of the board related indirect damages and the proliferation of 3rd party claims, any person, vessel, licensee, agent or
to the enforcement of this subchapter. .servant, including carriers destined for or leaving a lcensee's facility while within state waters,
1970, c. 572; 1972, c. 618. who permits or suffers a prohibited disclharge or other polluting condition to take place shall be
B. AU costs involved in the abatement of pollution related to the discharge of oil, pero- lable to the State of Baine for alt dibreiens maded by the State pursuant to section 55 ubec-
eum products and their by-products covered by this subchapter. tion 5, paragraphs B, D and E, or otoh er damage incurred by the Sta te. I n any suit to enforce
claims of the State under tlhis section, to establish liability, it shall not be tnecessary for the
C. Sums allocated to research and development in accordance with this section. State to plead or prove negligence in aily form or manner on the part of the person causing the
D. Payment of the third party claims awarded in accordance with this section. discharge or hcensee responsible for the discharge. 'Te State need only plead and prove the fact
E. . . of the prohibited discharge dr other polluting condition and that tihe discharge occurred at
E_. Prayment of costs of abitnratincebytheon and arbitrators.f the facilities under the control of the person causing the discharge or the licensee or was attribut-
F. Payment of costs of insurance by the State to extend or implement the benefits of the able to carriers or others for whom the licensee is responsible as provided in this subchapter.
190fund. 572. 1970, c. 572, � 1; 1977, c. 375, � 17.
1970, c.572-
C. Payments to Treasurer of State pursuant to subsection 4, paragraph B. � 552-A Detention of vessels
1975, c. 379, � 3. Whenever there is probable cause to believe that a vessel has violated or been the means of a
6. Reimbursements to Maine Coastal Protection Fund. The board shall seek recovery violation of this subchapter or any other law which the Department of Environmental Plotec-
to the use of the fund all sums expended therefrom, including overdrafts, for the following lion is responsible for administering or any rule, regulation or order of the board or any official
to the use of the fund all sums expended therefrom, including overdrafts, for the followig of the department made thereunder, the vessel shall be dganed in any port of the State until
purposes, unless the board finds the amount involved too small or the likelihood of success too paymentf th any fine department made thereunder the vessel shall be detained in paidy por seured to te until
uncertain; provided that recoveries resulting from damage due to an oil pollution disaster payment of any fine or penaly assessable r the law has been pd or securedt or the District
declared by the Governor pursuant to section 547 shall be apportioned between the Nlalne satisfaction of the Attorney General. Any justice or judge of the Superior Court or the District
declared by the Governor pursuant to section 547 shall be apportioned between the Maine Court may issue such orders as ate necessary to cry out the purposes of this section.
Coastal Protection Fund and the General Fund so as to repay the full costs to the General Fund
of any bonds issued as a result of the disaster: 1977, c. 375, � 18.
A- All disbursements made by the fund pursuant to subsection 5, paragraphs B, D and E
In connection with a prohibited discharge; � 553. Interstate Compact, authority
B. In the case of a licensee promptly reporting a discharge as required by this subchapter, In accordance with subchapter 11 the Governor of this State is authoried and directed to
disbursement made by the fund pursuant to subsection 5, paragraphs B. D and F. in connec- . execute supplementary agreements with any one or more of the states comprising the New
lion with any single prohibited discharge including 3rd party claims in excess of 515,000, England Interstate Water Pollution Control Commission and the United States for the purpose
except td the extent that the costs are covered by payments received under any federal of implementing and carrying out the provisions, limitations, qualifications and intent of this
program; subchapter.
C- Requests for reimbursement to the fund if not paid within 30 days of demand shall be 1970, c. 572, � 1.
turned over to the Attorney General for collection; and
� 554. Reports to the Legislature
D. The board may file claims with appropriate federal agencies to recover for the use of
the fund all disbursement from the fund in connection with a prohibited discharge. The board shall include in its recommendations to each Legislature as required by section

i s

361 specific recommendations relating to the operation of this subchapter, specifically inclad- C The systems and precautions necessary foi safety on each vessel;
Ing a license fee formula to reflect individual licensee experience, and fee schedule based upon D. The training, number and availability of crew members aboard each vessel;
volatility and toxicity of petroleum products and their by-products.
oatty and toxcty of petroeum products and ther by-products. A requirement for contingency plans in the event of accident, fire, storm or other
1970. c. 572; 1972, c. 618. unforseen acts;
� 555. Budget approval F. The protection of the natural environment, aesthetic and recreational uses of State
The board shall submit to each Legislature its budget recommendations for disbursements waters and
fiom the fund in accordance with the provisions of section 551. Upon approval thereof the G. The protection of the fisheries or fishing industry of the State.
State Controller shall authorize expenditures therefrom as approved by the board. 5. Exemption. The board may by regulation exempt certain activities not inconsistent
1970, c. 572, � 1; 1972, c. 618. with the purposes of this section.
1977, c. 78, � 205.
� $56. Municipal ordinances; powers limited 6. Prohibition. No person shall have a vessel at anchorage in Maine waters for more
Nothing in this subchapter shall ble construed to deny any municipality, by ordinance or by than 7 days without a current license from the board.
law, from exercising police powers under any general or special act; provided, however, that 7. Licenses and fees. The board shall require a license for anchorage of a vessel in
ordinances and bylaws in furtherance of the intent of this subchapter and promoting the blaine waters and charge a fee of Y4 per deadweight ton for each 30 days of anchorage or part
general welfare, public health and public safety shall be valid unless in direct conflict with the thereof. The board may license properly treated effluents and emissions regulated by this
provisions of this subchapter or any rule, regulation or order of the board adopted under section consistent with the other environmental laws of the State of blaine.
authority of this subchapter. &. Application for a license. Any person desiring to have a vessel at anchorage in Maine
1970, c. 572, � 1; 1972, c 618. wsten shall apply in writing to the board and, shall cause public notice of the application and a
� 557. Construction brief summary to be published in a paper of general circulation in the vicinity of the proposed
activity and provide such information as the board may require by regulation. 'lhe board shall,
This subchapter, being necessary for the general welfare, the public health and the public within 30 days of receipt of such application, issud may require or y ra lce nse giving t he reasons
safety of the State and its inhabitants, shall be liberally construed to effect the purposes set therefor or order a hearing thereon. Any person denied a license without a hearing may request,
forth under this subchapter. No rule, regulation or order of the board shall be stayed pending in writing, within 30 days after notice of denial, a hearing before the board. Such request shall
appeal under the provisions of this subchapter. Set forth in detail the findings to which he objects the basis of such objection and the nature of
1970, c. 572, � 1; 1972, c. 618. the relief requested.
1977, c. 300, � 37.
� 560. Vesses at anchorage 9. Repealed.
1. Purpose. The Legislature intends by the enactment of this section to exercise the
police power of the State through the Board of Environmental Protection by conferring upon 1977, c. 300, � 38.
said board the exclusive power to deal with the hazards and threats of danger and damage posed 10- Board shall solicit advice. The Board of Environmental Protection shall solicit the
by the anchorage of oil carrying vessels in the waters of the State. The purpose of regulations advice of the Commissioner of Marine Resources and the Commander of the United States
adopted by the board shall be to protect the coastal waters, tidal flats, beaches and lands Coast Guard prior to adopting any regulations under this section.
adjoining the waters of the State from damage by the intentional or accidental discharge of oil, 1975, c. 578.
other pollutants as defined in section 361-A or air contaminants as defined in section 582 or
explosion from the accumulation of gases aboard such vessels and to prohibit interference with � 344. Processing of applications
the harvesting of marine resources, aesthetic and recreational uses of such waters. 1. Time limit processing application. Whenever the Board of Environmental Protection
1977, c. 78, � 203. seceives a properly completed application for any license, permit, approval or certificate under
2. Definitions. any of the statutes which it administers, it shall make a final decision as expeditiously as
A. Anchorage . f As used in this section , the word "anchorage-- means. the mooring for apossible, but in no case shall such final decision be later than 180 days after acceptance of the
A Anchorage. As used in this section, the word "anchorage" means the mooring for a application.
period of definite or indefinite duration of a vessel designed or used to carry oil, which is i
not waiting for a scheduled. loading or unloading of cargo in Maine waters, but shall not 2. Exceptions. The Board of Environmental Protection may waive the 180day
Include tie mooring of a vessel for bunkering, maintenance, repair or overhaul, or in connec- requirement of subsection 1:
lion with or as a part of sea trials. A. At the request of the applicant; or
3. Board to adopt regulations. The Board of Environmental Protection shall, within 90 B. After consultation with the applicant, if 2/3 of the members of the board eligible to
days after October 1, 1975, adopt regulations limiting or, to the extent the board determines vote do so vote.
necessary, prohibiting the anchorage in Maine coastal waters, estuaries or rivers under the 3. Notification to applicant The Commissioner of Environmental Protection shall,
urisdiction of the State of Maine vessels designed or used to carry oil as cargo. All regulations within 10 working days of receipt of an application, notify applicants of the official date on
adopted by the Board of Environmental Protection under this section shall not apply to vessels which the application was accepted or return the application to the applicant specifying in
at anchorage prior to July 1, 1975. writing the reasons for returning the application.
1977, c. 78, � 204. The commissioner shall give reasonable notice to the applicant of the date the board will act
4. Scope of regulations. In adopting these regulations, in addition to other provisions on the application and that a draft order relating to the application is available in the Augusta
of this subchapter, the board's consideration shall include, but not be limited to: office of the department. Draft orders shall be available to any persons at the Augusta office of
A. The location.duration and type of anchorage; the department prior to the date the board acts on the application.
. The type and capacity of vessels permitted anchorage; All correspondence notifying the applicant of Board of Environmental Protection decisions
shall be by registered mail, return receipt requested.

4. Delegation. The Board of Environmental Protection is authorized to delegate to the any other trade, industry, professional or interest group publi ition which the board deems
Commissioner of Environmental Protection and the department staff, authority to approve. necessary to reach persons affected;
approve with conditions or disapprove applications for approvals by the board made pursuant
to any of the laws which the board is required to administer. Delegation of authority under Provide notice of the hearing c any applicant by registered ail a least 10 days
before the date of the hearing; and
sections 413, 414, 414-A, 484 and 590 shaIl be limited to the applications meeting the before the date of the hearing; and
following criteria: . C. Pr ovid e n otice of the hearing at least 10 days before the date o' the hearing by regular
mail to persons who have filed with the commissioner within the calendar year a written
A. Applications for development of a subdivision of less than 75 acres, with fewer than mail to pers o ns w ho h av filed ith the comissioner within the caleda year a written
25 lots to contain fewer than 25 housing units; euest to receive notification of hearings.
� B. Applications for a maximum daily discharge of less than 50,000 gallons per day; and 3. Contents of notice. The public notice and notice of I earing to applicant and others
shall contain:
C Applications for incineratrs in Classes I through IV or for a boiler at a facility with a shall contain:
total boiler capacity of less than l00.000,000 B.T.U.'s. A. A reference to the statutory authority for conduct of the hearing;
Such delegation shall be in accordance with the standards found in the applicable statute, B. A statement of the purpose of the hearing. including. for hearings involving the
with all procedural steps applicable to applications not delegated, and with regulations adopted adoption, repeal or modification of a regulation, a concise description of the regulation
by the board, which regulations shall include assurance that any interested person aggrieved by proposed:
a decision of the commissioner or the department staff made pursuant to this section shall have C. A statement of the time, date and place of the hearing r nd the mann'.r in which views
a right to appeal such decision to the board. may be subnmitted for consideration by the board; and
5. Reconsideration. Within 30 days of the applicant's receipt of a board decision, any D. A statement of the place and time where relevant nmaterial may be examined, and the
person aggrieved by the decision may petition the Board of Environmental Protection, in name, address and telephone nulmber of the person from whom further information may be
writing, for correction of any part of the decision which the petitioner believes to be in error obtained.
and not intended by the board, or for an opportunity to present new or additional evidence to
secure reconsideration of any part of the decision or challenge any facts of which official notice 4. Fees. The C omm iss ioner of Environmental Protecti an may esrablish fees which
as taken. Such petition sh all s et forth in detail the findings, conclusions or conditions to recover the expenses entailed in providing notice to interested psons required by this section
wfich the petitioner objects, the basis of the objections, tire nature of the relief requested and or reproducing all or any part of the record of any hearings far the applicant or interested
the nature of any new or additional evidence to be offered. persons.
5. Record. A full and complete record sl'mllbe kept of t: hearings.
The board shall, within 30 days of receipt of such petition and after appropriate notice, . Record. A full and complete record shall be kept of hearings.
grant tihe petition in full or in part, order a public hearing or dismiss the petition. Any public 6. Written decisions. Every decision of the board, other than those concerning the
hearing held under this section shall be held %iithin 45 days of the board's decision to hold such adoption, repeal or modllification of regulations, shall be in wvritirg and shall include fiodinrs of
hearing and the commisi'oner shall provide reasonable notice to interested persons. The time fact and conclusions of law. A copy of the decision shall b: delvered personally oi by
for appeal of a final decision of the board on any application shall be computed from the date registered mail, return receipt req uested, to each part:y of record ta the hearing as recognized by
of receipt by petitioner of the board's decision pursuant to this subsection. department hearing regulatiotns. Written notice of the party's rigats to review or appeal of the
decision, within the agency or by the courts, as the case may be, md of the action required and
co03 ~ q The running of the time for appeal, as provided in section 346, is terminated by a timely the time within which tie action must be taken in order to exercise the right of review or
petition for reconsideration filed pursuant to this subsection, and the full time for appeal, as
provided in section 346, commences to run and is to be computed from the date upon which appeal, shall be given o eachsuch party with the decision.
notice is received of any administrative action denying the petition or any order or decision of 1977, c. 300, � 9.
the board as a result of the petition; provided that the filing of a petition for reconsideration
shall not be deemed an administrative or judicial prerequisite for the filing of appeal pursuant � 346. Judicialappeals
to section 346. 1. Except as provided in section 347, subsection 2, any pe son aggrieved by any order or
6. Fees. The board may establish reasonable fees for the reproduction of materials in decision of the board resulting from a hearing before the board tof which a transcript is available
its custody, including all or part of any application submitted to the department. Al such fees may appeal therefrom to tse Superior Court by filing a notice o appeal with tire court stating
may be retained by the department to reimburse expenses incurred in reproducing such the points of appeal within 30 days after receipt of such order or decision by the person or
materials, other legal entity to whom it is directed. The appellant shall send a copy of the notice of appeal
~~~~~~~~~~1977.~~~ c. 3001)1~ � 9.~ ~to the applicant or licensee. The appeal shall be heard by the court without a jury in the
~~~~~~~~1971~~~7, o.~~~ 300.~ �~~9. ~manner and with the rights provided by law in other civil actic ns so heard. The proceedings
�~~~~~~~~~~~~~~~~ ~~~ 34~~. Hearings. ~shall not be de novo. The court shall receive into evidence true :opies of the transcript of the
� ~~~~~~~~~~~34~J5 ~~. Hearcu~~ings.r~ ~hearing, the exhibits thereto and the decision of the board. The court's review shall be limited
1. Hearings. Except as provided in-section 347, whenever the board or Department of to questions of law and to whether the board acted regularly and within the scope of its
Environmental Protection is required or empowered to conduct a hearing pursuant to any authority and the board's decision shall be final so long as supported by substantial evidence.
provision of law, such hearing may be held and conducted by any member of the board or any The court may affirm or reverse the board's decision or remandl the matter to the board for
employee or representative of the Department of Environmental Protection so authorized by further proceedings.
the board.
~~~~~~~~~~~~~~~~~~the board. ~~~~~2. Appeals from all other orders or decisions of the board, unless otherwise specified by
2. Notification. Prior to any hearing conducted by the board or department, the statute, shall be taken pursuant to tire iaire Rules of Civil Procedure, Rule 80B.
department shall:
~~~~~~~~~~~~~~~~~~~department shall: 3. Limitation. No riparian or littoral owner on any bod:' or water shall have a cause
A. Publish notice of the hearing twice in a newspaper of general circulation in the area of action either at law or in equity against any licensee licensed inder section 414 todischarge
affected. The date of the first publication shall be no more than 21 days nor less than 14 into the same body of water nor be deemed an aggrieved person under this section based on the
days prior to the date of the hearing and tie 2nd publication shall be at least 7, but no more fact that such licensee is not a riparian or lirttoral 6wner on such Ibody of water. No such owner
than 10 days, prior to the date of the hearing. In addition, the notice may be published in shall have a cause of action either at law or in equity against suc:h licensee nor be deemed an

*)�(

aggrieved person under this section based on the fact that such licensed discharge will prevent
the owner from having the reasonable use and enjoyment of such body of water, provided that appearing at such hearing.
such licensed discharge will not either of itself or in combination with existing discharges to the 5. Subpoenas. The board may issue subpoenas to compel the production of books,
body of water lower the statutory classification of such body of water, nor cause actual records and other data related to the matters in issue at any such hearing. If any person served
damages to such owner. with a subpoena demonstrates to the satisfaction of the board that the production of such
1977, r. 300, � 9. information would, if made public. divulge methods or processes which are entitled to
protection as trade secrets, such information shall be disclosed only at a nonpublic portion of
� 347. Violations such hearing and shall be confidential and not available for public inspection. If any person fails
1. General procedures. Whenever it appears to the Board of Environmental Protection, or refuses to obey susch a subpoena, the board may apply to any Justice of the Superior Court
after investigation, that there is a violation of any provision of the laws or regulations which it for an order compelling such person to comply with the subpoena. The Superior Court may
administers, or of the terms or conditions of any of its orders, which does not create a issue such an order and may punish failure to obey the same as civil contempt.
substantial or immediate danger to public health or safety, the board may notify the Attorney 6. Enforcement orders AU orders of the board shall be enforced by the Attorney
General or schedule a hearing thereon. If a hearing is scheduled, the commissioner shall give t General. If any order of the board is not complied with within the time period specified, the
least 30 days' written notice to the alleged violator of the date, time and place of such hearing, board shall immediately notify the Attorney General of this fact.
The notice shall specify the act done or omitted to be done which is claimed to be in violation
of law. 1977, c 300, � 9.
At such hearing, the alleged violator may appear in person or by attorney and answer the 348. JudIcialenforcement
allegations of violation and file a statement of the facts, including the methods, practices and
procedures. if any, adopted or used by him to comply with this chapter and present such 1. General. In the event of a violation of any provision of the laws administered by the
evidence as may be pertinent and relevant to the alleged violation. Department of Environmental Protection or of any order, regulation license, permit, approval
or decision of the Board of Environmental Protection or decree of the court, as the case may
After hearing, or in the event of a failure of the alleged violator to appear on the date set for or decision of the Board of Environmental Protection or decree of the court, as the case may
be. the Attorney General may institute injunction proceedings to enjoin any further violation
a hearing, the board shall, as soon thereafter as practicable, make findings of fact based on the thereof, a civil or crinal a ction or any appropriate combin a tion t hereof without recourse to
record and, if it finds that a violation exists, it shall issue an order aimed at ending the violation, any other provis ion of law adinistered by th e Dep artment of Environental Protection.
any other provision of law admlinistered by the D~epartment of Ensironmental Protection.
2. Emergency procedures. Whenever it appears to the board, after investigation, that 2. Restoration. The court may order restoration of any area affected by any action or
there is a violation of any provision of the laws or regulations which it administers or of the Inaction found to be in violation of any provision of law administered by the Department of
terms or conditions of any of its orders, which is creating or is likely to create a substantial and
terms or conditions of any of its orders, which is creating or is likely to create a substantial and Environmental Protection or of any order. rule, regulation, license, permit, approval or decision
immediae danger to public health and safety, it may order the person or persons causing or of the Board of Env ironmental Protection or of any order rule, re gultion, thlicen se. permita e, appr oval or decision
contributing to such a hazard to immediately take such actions as are necessary to reduce orc o inpotohvio t ion or ae the as ay bep
'P.- alleviate the danger. Service of a copy of the board's findings and order issued under this ondton por to the violation or as near thereto as nay be possible.
H --' emergency procedure shall be made by the sheriff or a deputy sheriff within the county where 3. Injunction proceedings. If the board finds that the discharge, emission or deposit of
the person, to whom the order is directed, operates or resides. In the event such persons are so any materials into any waters, air or land of this State constitutes a substantial and immediate
numerous that the specified method of service is a practical impossibility or the board is unable danger ot the health, safety or general welfare of any person, persons or property they shall
to identify the person or persons causing or contributing to such a hazard, the board shall make forthwith request the Attorney General to initiate immediate injunction proceedings to prevent
its order known through prominent publication in news media serving the affected area. such discharge. The injunction proceedings may be instituted without recourse to the issuance
of an order, as provided for in section 347.
The person to whom such order is directed shall comply therewith immediately. Such order
may not be appealed to the Superior Court in the manner provided in section 346, but such 1977, c. 300, � 9.
person may apply to the board for a hearing on such order, which hearing shall be held by the
board within 48 hours after receipt of application therefor. Within 7 days after such hearing, � 349. Penalties
the board shall make findings of fact and continue, revoke or modify the order. The decision of 1. Criminal penalties. Notwithstanding Title 17-A, section 4-A and except as provided
the board may be appealed to the Superior Court in the manner provided by section 346. in subsection 4, any person who violates any provision of the laws administered by the
3. Revocation, modification or suspension of licenses. After written notice to the Department of Environmental Protection, or the terms or conditions of any order, regulation.
licensee of at least 14 days and opportunity for hearing. tse board may revoke, suspend or license, permit, approval or decision of the Board of Environmental Protection shall be subject
modify, in whole or in part, any license or issue an order prescribing necessary corrective to a fine, payable to the State, of not more than $25,000 for each day of such violation.
action, whenever the board finds: 1977, c. 300, � 9 and c. 510, � 89.
A. The licensee has violated any condition of the license; 2. Civil penalties. Any person who violates any provision of the laws administered by
B. The licensee has obtained a license by misrepresentation or failure to disclose fully all the Department of Environmental Protection, or any order, regulation, license, permit, approval
relevant facts; or decision of the Board of Environmental Protection shall be subject to a civil penalty, payable
C- There has been a change in any condition or circumstances that requies revocation, to the State, of not more than $10,000 for each day of such violation.
suspension or a temporary or permanent modification of the terms of the license; or 3. Falsification and tampering. Notwithstanding Title 17-A, section 4-A, any person
who knowingly makes any false statement, representation or certification in any application,
r The licensee has violated any provision of the laws administered by the board record, report, plan rotherdocu ent filed or required to be maintained by any provision of
For the purpose of this subsection, the term "license" and "licensee" shall include law administered by the department, or by any rule, regulation, license, permit, approval or
respectively any license, permit, approval or certification issued by the board and the holder decision of the board, or who tampers with or renders inaccurate any monitoring devices or
thereof. method required by any provision of law, or any rule, regulation, license, permit, approval or
4. Oaths. Any member, authorized employee or representative of the board presiding decision of the board shall, upon conviction, be subject to a fine of not more than $10,000, or
at any hearing under this section may administer oaths and affirmations to any witness by imprisonment for not more than 6 months, or both.

1977, c. 300. � 9 and c. 510. � 90.
4. Violations. Any person who violates any of the following provisions shall be guilty TITLE 12
of a Cass E crime for each day of such violation: CHAPTER 405
. Section419; (high phosphorus detergent); REGULATIONS FOR THE CONSERVATION OF
B. Section 422; (Great Ponds); MARINE RESOURCES LAW
C. Section 423; (Discharge from watercraft);
D. Section 471; (Alteration of wetalnds);
E. Section 1306; (Solid waste); 1
� 3504. Conservation of certain marine species; regulations
The commissioner may make regulations to assure the cotl-
servation of renewable marine resources in any of the coastal
waters or flats of the State.
1. Limitations for regulations. A regulation may only lim-
it the taking of marine species by one or more of the following
methods:

OIL SPILL ' A. The time taken;

NOTIFICATION PROCEDURE B3. The method by which taken;
C. The number taken;
All oil spills shall immediately be reported to the DEPARTIMENT OF ENVIRONMENTAL
4:~ PROTECTION at 1-800482-0777, a 24-hour emergency telephone. Standby personnel are D. The weight taken;
CD available through this emergency number E. The length;
Other numbers that should be called:
F. The location,
Maine Department of larine Resources 289-2291 2. Section grants no authority over salmon, This section
Maine Inland Fish & Wildlife 289-3371 grants no authority to adopt regulations for the conservation of
Atlantic salmon.
Coast Guard, South Portland 799-5531
Coast Guard, Southwest Harbor *9.13. Procedure of section 3505 to be followed. The commis-
Coa uardSouthwestHarbor 244-5517 sioner shall follow the procedure of section 3505 in adopting a
Coast Guard, Bucksport 469-7911 regulation authorized by this section.

.Environmental Protection Agency 4. Coinrrissioner may declare emergency. The commission-
Needham Heights, lass. 617-223-7265 er may declare an emergency if it appears to him that immedi-
ate action is necessary to remedy the danger.
Department of Environmental Protection
Augusta Office 289-2591 A. An unusually large concentration of fishermen or dig-
gers in any of the coastal waters or flats in the State which
Departmentgor 917-6746 might deplete the supply of any marine species covered by
this section is deemed an existing condition endangering the
Departament of Environmental Protection eld 7Offce, conservation of the particular marine species for the pur-
Portland 773649112 poses of this subsection.
Federal Oil Spill Reporting Number 1-800424-8802 1 Section 3504 will be changed to Section 3501 in the 1 08th 2nd session
of the Maine State Legislojujre.

missioner shall prepare a written declaration containing the
� 3505. -procedure for adoption of regulations following infonnation:
The procedure for the adoption of the regulations autho- (1) The regulation or the amendment which he pro-
rized In section 3504 is as follows: poses to adopt;
(2) The general location or locations to be governed by
1. Commencement of proceedings, declaration of emergen- the regulation or the amendment
cy, petition. The proceedings must commence by one of the fol-contents, publication.
lowing methods:~ ~ 2. Notice of hearing, contents, publication. -The commis-
sioner shall give notice of tlie hearing as provided in this subsec-
A. If the commissioner. declares that an emergency exists, tion.
he shall prepare a written declaration of emergency contain- A. He shall cause the notice to contain the tme and place
Ing the following nformation: of hearing.
(1) A statement that an emergency exists; (1) If the hearing is under a petition, the time of hear-
(2) The particular marine species affected; ing must be in compliance with subsection 3, paragraph
(3) The existing condition which endangers conserva- B.
tion, and its general location. B. The commissioner shall cause the notice to contain all
B. A majority of the municipal officers of a municipality the information required to be in the declaration of emer-
* where an existing condition endangers the conservation of gency, the declaration of his own initiative, or the petition,
marine life, or 25 citizens of that municipality, or a majorl- whichever is applicable.
ty of the county commissioners of a county where such a C. The commissioner shall cause the notice to be published
condition exists may petition the commissioner'subject to in a newspaper published in the county where the petition
the following provisions: or declaration of emergency or the declaration of his own
(1) They shall address the petition to the commission- Initiative alleges the condition exists, or
er. (1) If no newspaper is published there or if the area
(2) They shall include in the petition the following in- where the condition is alleged to exist is In more than
formation: ' one county, then notice may be published in a newspa-
ca maine species affected; per or combination of newspapers having general circu-
(a) The Particular marine spedes affeeted; . ,lation in each county where the condition is alleged to
(b) The existing condition which endangers con- exist.
. servation and its general location. . If a hearing is to be held under a petition, the commis-

a. The Commissioner of nMarine Resources may investigate sioner shall cause the notice to be published once a week for
0. The Commissioner of Marine Resources may Investigate 2 successive weeks prior to the hearing.
or cause to be investigated 'conditions affecting marine re-'
sources in any coastal waters or flats of the State, and may E. If a hearing is to be held under a declaration of emer-
on his own initiative, with the advice and consent of the ad- gency, the commissioner shall cause the notice to be pub-
vlsory council make or amend such reulations as he deems lished once at least 5 days before the hearing.
necessary toAeonsew e marine species or to promote their S. Hearing; time of; who may conduct; who may be heard;
propagation to the extent provided in section 3504 and In record of; place. The commissioner shall cause a public hearing
accordance with the procedure provided in this section. To to be held at the time and place designated in the notice.
adopt or amend a regulation under this paragraph, the com-

A. The commissioner may appoint some member of the de-
partment or the advisory council to conduct the hearing.

B., The bearing shall be beld witbin a0 days ofr ceipt by tbe.Coulnnsi - lished In the county where the regulation is to be in forze,
stloner. of a petition provided In suibsectlon 1. paragraph B. or

(1) If the petition Is not received by September 1st, It (1) If no newspaper is published there, or if the regula-
Is not In order for hearing until the year next following. tion is to be in force in more than one county, he may
publish the regulation once in a newspaper or cDmbina-
C. Any Interested person may give relevant evidence at the tion of newspapers having general circulation in each
hearing. .county where it is to be in force.
D. The commissioner shall cause a record to be kept of all 6. When regulations bcome effective. The following regu-
evidence given at the hearing. , lations become effective and have the force of law at the tinmes
E. The commissioner shall cause the hearing to be held indicated.
within a radius of 25 miles of where the alleged condition A. A regulation adopted under a petition proceedirg under
exists, unless the proceeding is under a declaration of emer- this section becomes effective on the first day of January
gency in which case it may be held in the State Capitol. following newspaper publication.
4. Commissioner to adopt.regulation after hearing; con- B. The commissioner may provide a specific time af:er
sent of advisory council. After the hearing the commissioner newspaper publication when a regulation adopted under a
shall adopt a regulation to remedy the danger declared under declaration of emergency, or a declaration of his own initia-
subsection 1, paragraph A proven at the hearing to exist.
tive, becomes effective.
A. The commissioner may adopt any regulation proposed (1) If no time is provided in the regulation, it beconmes
under subsection 1, paragraph B provided that the proposed effective the day following publication.
regulation is first submitted to the advisory council for its
advice and consent. *.
B. The commissioner may adopt a regulation proposed
under subsection 1, paragraph C provided that the commis- � 350(. Publication of biennial pampllet of laws
sioner is still satisfied that the marine' species will be con-.
served or their propagation promoted and that the regula- As soon as possible after adjourrment of each Legi lature,
tion is in the best interest of the State. -the commissioner shall publish in pamphlet form all the laws of
ch'apters 401 to 417 as amended.
5. Publication of regulation before it becomes effective. A 1. May inludo related laiws. The commissioner ray Ii-
regulation must be published in accordance with this subsection dude in the pamphlet regulations adopted pursuant to the Ra-
before It may become effective. vised Statutes of 1954, chapter 38,' regulations adopted pursuant
A. The commissioner shall cause a copy of the regulation, to chapters 40 to 417, regulations adopted pursuant to legisl:.
certified by him, to be filed in all the following places: tive directive, private and special laws concerning sea and shore
fisheries and any other related laws, regulations or ordinances
which the commissioner feels necessary or helpfultd to inform tie
(2) With the clerk of Superior Court of each county public.
where the regulation is to be in force.
2. Size, printing and distribution of pamphlet. Th. conm-
B. After the commissioner has complied with paragraph A, missioner shall determine the size of the pamphlet, the rmanner
he shall publish the regulation once in some newspaper pub- of printing it and the distribution of it; as he feels necessary cr
helpful to carry out the intent of this section.

*~)i

MAINEqOME RULE AND COMPREHENSIVE PLAN AND ZONING LAWS

The enactment of the Home Rule and Planning and Zoning laws conferred upon
municipalities comprehensive planning and zoning responsibilities at the local c. Real estate used or to be used by a public service corporation shall be
level. (See Sections 4.3 and 9.4) This delegation of authority establishes one wholly or partially exempted from an ordinance only where on petition.
notice and public hearing the Public Utilities Commission has determined
procedure by which land and water resources in the coastal area can be conserved. that sud exemption Is reasonably necessary for public welfare and con-
venience.
The following list of citations emphasizes those key portions of the Home Rule and D. County and municipal governments, and districts shall be governed by
Planning and Zoning laws as they currently exist: the provisions of any zoning ordinance
E. Any coning ordinance shall be advisory with respect to the State.
F. Any property or use existing in violation of any zoning ordinance, Is
a nuisance.
ic. When a person petitions for rezoning of an area for the purpose of
development In accordance with an architect's plan, the area shall not be
Any municipality may, by the adoption, amendment or repeal of ordinances rezoned unless the petitioner Iposts a performance bond equal to at least
or bylaws, exercise any power or function which the Legislature has power 25% of the estimated cost of the development. Said bond shall become
to confer upon It, which Is not denied either expressly or by clear implication, payable to the municlpality It the petitioner falls to begin construction in
and exercise any power or function granted to the municipality by the Cnn- a substantial manner and In accordance with the plan within one year of
sattution, general law or charter. No change in the composition, mode of .the effective date of the rezoning.
election or terms of office of the legislative body, the mayor or the manager H. For the purposes of this subchapter, "zoning" is defined as the division
of any municipallty may be accomplished by bylaw or ordinance. of a munlcipallty Into districts and the prescription and reasonable applI-
/ 1970 c. 5 cation of different regulations in each district.
..................... ,. 1971, C. 455, i 2; 1973, c. 536, �� 18 to 20.
I 496t. Comprehenlive plan
9s)1 I. Deintlion. "Comprehensive Plan" shall mean a compilation of policy � 4963. Zoning adjustment
statements, goals, standards, maps and pertinent data relative to the past, I. Establishment. A board of appeals is established In any municipality
present and future trends of the municipality vitb respect to its population, which adopts a zoning ordinance for the purpose of hearing appeals from
bousing, economics, social patterns, land use, and water resources and their actloni or failure to act of the office charged with the enforcement of the
use, transportation facilities and public facilities prepared by the municipal zoning ordinance. Such board or appeals shall be governed by section 2411,
planning board, agency or office. The comprehensive plan, being as much a except that subsection 2 of section 2411 shall not apply to boards existing
process as a document capable of distribution, may at successive stages, con- on September 23, 1972.
sist of data collected, preliminary plans, alternative action proposals, and 1972, c. 622, J 112, eff. March 15, 1972.
finally as a comprehensive plan to be adopted. In Its final stages, it may
consist of a series of subsidiary but Interrelated plans such as, but not limited 2. Powers. In deciding any appeal:
to, a water and sewerage system plan, a land use plan, a community facilities A. The board may Interpret the provisions of the ordinance which are
plan, a transportation plan, an urban renewal or rehabilitation plan, an air or called into question.
water pollution control plan, and a park and open space plan. The compre- B. The board may approve the Issuance of a special exception permit or
hensive plan shall include recoromendacions for plan excutioa and imple- conditional use permit in strict compliance with the ordinance; and pro-
mentation such as, but not limited to, a capital ionprorements program, re- vided the municipality has not authorized the planning board, agency or
newel and rehabilitation programs, land use control ordinances, and building, office to Issue said permits.
safety and housing codes. The comprehensive plan shall include mechanisms C. The board may grant a variance In strict compliance with subsection
which will ensure continual data collection, re-evaluation In light ot new S.
alternatives, and revision. The comprehensive plan may Include planting S Variance. A variance may be granted by the board only where strict
techniques such as, but not limited to, planned unit development, site plan application of the ordinance, or a provision thereof, to the petitioner and his
approval, open space zoning and clustered development. property would cause undue hardship or would not be in the best interest of
2. Public participation. In the preparation of a comprehensive plan, the the community.
public shall be given an adequate opportunity to be heard. 4. Parties. The board shall reasonably notify of. any hearing. the peti-
1971, c. 455, i 2; 1973, c. 538, I 16, 17. tioner, the planning board, agency or office and the municipal officers and
such persons shall be made parties to the action. All Interested persons shall
1 4962. Zoning ordinances be given a reasonable opportunity to have their views expressed at any
I. Terms. Any zoning ordinance, or provision thereof. adopted pursuant hearing.
to the home rule power granted to all municipalities under the Constitution, 1971, c. 4.53, 2.
Article VIII-A and chapter 201-A, specifically section 1917 shall be subject 1496 Savings provisions
to the following: In the preparation of a zoning ordinance the public shall Any planning board or dis trict established and any ordinan ompre-
be given an adequate opportunity to be heard. Ay planning board or district established and any ordinance, compre-
b'e given all adequate opportunity to beheard. hnsive plan or map adopted under a prior, inconsistent and repealed statute
A. Such ordinance or provision shall be pursuant to and consistent with shall remain In effect unitl abolished, amended or repealed. Planning boards
a comprehensive plan adopted by Its legislative body. established pursuant to provisions of repealed section 4952, subsection 1 shall
8. A zoning map describing each zone established or modified shall be Continue to be governed by those provisions until they are superseded by
adopted as part of the zoning ordinance or Incorporated therein. Any con- municipal ordinance.
fict between said zoning map and a description by metes and bounds shall 1971, c. 455, 1 2; 1973, c. 538, 21.
be resolved in favor of the description by metes and bounds.

F14

OTHER STATE LAWS THAT ARE RELEVANT TO MAINE'S COASTAL PROGRAM

The following is a listing and short description of thirty-seven other laws
that apply in the coastal area and have particular significance there. The list is
not all inclusive, it simply shows that the core laws do not stand alone (except for
"consistency" purposes when Federal activities are concerned.)

For the purposes of reference the laws are grouped under the name of the
State agency responsible for their administration.

F14a Department of Environmental Protection 425

Fl4b State Planning Office 430

Fl4c Department of Marine Resources 431

Fl4d Department of Inland Fisheri3s and Wildlife 432

F1 4e Department of Conservation 435

Fl 4 f Department of Transportation 440

F14g Department of Health and Welfare 441

FIl 4h Department of Agriculture 442

F14i Municipal Powers 443

F14j State Tax Assessor 446

424

Fl 4a

DEPARTMENT OF ENVIRONMENTAL PROTECTION

CONSERVATION AND REHABILITATION OF MINING LAND, 10 M.R.S.A.
2201-2216 as enacted by P.L. 1969, c. 472 and amended by 1971, c.544, c.618;
1973, c.537, c.625, c.712.

Purpose:
To encourage prudent development of mineral resources and reclamation of affected
lands for productive use.

Areas and Uses Affected:
Mining operations on all public or private lands. Excluded are excavation or grading
preliminary to a construction project or sand, gravel, or borrow operations.

Environmental and Economic Considerations:
Environmental considerations shall include:
(a) Rehabilitation of forests grasses, and cropland.
(b) Enhancement of wildlife and aquatic resources.
(c) Conservation development management and appropriate use of all
natural resources of such areas compatible with multiple purposes.
(d) Health, safety, and welfare.
(e) Natural beauty and environmental values.
Economic consideration is the encouragement of productive use of previously mined areas.

Administrative Agency:
Department of Environmental Protection

Regulatory Power:
To adopt rules and regulations to carry out purpose of law, conduct research relating to
reclamation, and to acquire in the name of the State, land by gift or purchase, to carry
out reclamation work.

Appeal Procedure:
Appeal to Superior Court. Appeal will not act as stay of Commission's action. Appeal
is on record and other evidence the Court deems necessary. Order of Board may be
affirmed, nullified, or remanded.

GREAT PONDS ALTERATION STATUTE, 38 M.R.S.A. 386-397 as enacted by P.L.
1977 c.l1 23.

Purpose:
Protection and reclamation of water quality of great ponds.

Areas and Uses Affected:
Any in land body of water of I 0 acres or more, and any artificial body of water with
surface area in excess of 30 acres, if shore is in diverse ownership.

Environmental and Economic Con siderations:
Environmental considerations include protection of scenic beauty and unique character-
istics of great ponds as well as the protection of their recreational, cultural, historical,
and environmental value. Economic considerations are found in exemptions and reduced
procedural requirements for activities having no significant impact upon the great pond.

Administrative Agency:
Department of Environmental Protection

RegulIatory Powers:
Board has responsibility to establish classification system for great ponds and then
classify such ponds. In establishing classification system, Board is to consider-.
(a) Size, depth and volume of ponds;
(b) number, size and flow of inlets and outlets;
(c) size of drainage areas;
(d) stratification, geoloy;
(e) aquatic plant and animal life;
(f) other appropriate physical chemical and biological characteristics;
(g) other statutory water quality classifications of ponds.
Department of Environmental Protection may establish guidelines for sewerage disposal
and collection system, and other waste control systems to control, abate, and prevent
environmental damage. Department of Environmental Protection may maintain data
bank, conduct research to determine how water quality may be restored and enhanced.

42 6

MINIMUM LOT SIZE AND MINIMUM FRONTAGE, 12 M.R.S.A. 4807, as enacted
by P.L. 1973, c.411 and amended by 1973, c.651, c.712.

Purpose:
Protection of water quality.

Areas and Uses Affected:
Single or multi-family residential units and commercial or industrial land uses which
dispose of waste by subsurface waste disposal methods.

Environmental Considerations:
Approval of subsurface waste disposal may be granted by Board for a lot less than
required size if water quality is not threatened by:
(a) Soil types.
(b) Slopes.
(c) Percolation rates.
(d) Depth to bedrock and ground water.

Administrative Agency:
Department of Environmental Protection.

Regulatory Powers:
Board may waive 20,000 square feet lot size and frontage requirements.

Appeal Procedure:
To Administrative Hearing Commissioner who after a hearing may sustain, reverse,
or modify Board's decision.

427

SANITARY DISTRICT ENABLING ACT, 38 M.R.S.A. 1061-1209 as enacted by P.L.
1965, c.310 and amended by 1967, c.524; 1971, c. 400; 1973, c. 537; 1975, c. 461.

Purpose:
To authorize one or more municipalities or a sufficient number of persons residing in
unorganized territories to jointly construct and operate sewerage systems.

Area Covered:
Any combination of municipalities or municipalities and unorganized territories approved
by Department of Environmental Protection.

Environmental and Economic Considerations:
Environmental criteria are abatement of pollution of public streams, lakes, and inland
and ocean waters, and the public health, safety and welfare. The economic consideration
is the financial saving to be anticipated by joint effort.

Administrative Agency:
Department of Environmental Protection.

Regulatory Powers:
Review and approve application for sanitary district submitted by municipalities or others.

Appeal Procedure:
Appeal direct to Superior Court in Kennebec County on ruling on application to form
district. 5 M. R.S.A. 301-307 do not apply. Court may affirm, modify or set aside
the order or remand for further proceedings before the Department of Environmental
Protection.

428

CONSERVATION REHABILITATION OF LAND, 10 M.R.S.A. 2201 -2213 as enacted
* ~~by P. L. 1969, c. 472 and amended by 1971 , c. 544; 1972, c. 618; 1973, c. 537,
625, 712; 1977, c. 300.

Purpose-
To provide for the reclamation of lands affected by mining

Areas Affected:
All lands cleared of vegetation or excavated during operation, and all land upon which
overburden is to be deposited, either actively or by natural forces.

Environmental and Economic Considerations:
Encourage prudent development of mineral resources while providing for the reclamation
of affected lands and their productive use, including: forests, posture, crops, wildlife
and aquatic resource enhancement, and protection of the health, safety and general
welfare of the people, as well as the natural beauty and environmental values.

Administrative Agency:
Bureau of Land Quality Control, Department of Environmental Protection.

Regulatory Powers:
Prior to mining operations, the Board of Environmental Protection must approve a "mining
plan," which includes water control measures and restriction measures, as well as a
reclamation plan.

4 29

F1 4b STATE PLANNING OFFICE

STATE REGISTER OF CRITICAL AREAS, 5 M. R. S.A. 3310-3314 as enacted by P. L.
1974, c. 312 additional.

Purpose:
Sites or areas of unusual natural, scenic, scientific, or historical significance are areas
of such overriding state interest that it shall be the policy of the state to encourage the
preservation and utilization of these areas through land use planning regulation and
protection acquisition or management as appropriate, commensurate with control led
economic growth and development.

Areas and Uses Affected:
Areas of unusual natural, scenic, scientific, or historical interest, inventory to be con-
ducted and which shall include areas containing, or potentially containing, plant and
animal life or geological features worthy of preservation in their natural conditions, or
other natural features of significant scenic, scientific or historical value.

Environmental and Economic Considerations:
In determining the classification of an area or site as a critical area, the State PlanningW
Office shall consider:
(a) The unique or exemplary natural qualities of the area or site.
(b) The intrinsic fragility of the area or site to alteration or destruction.
(c) The present or future threat of alteration or destruction.
(d) The economic implications of inclusion of a critical area in the register.

Administrative Agency:
State Planning Office

Regulatory Powers-
The Critical Areas Advisory Board shall be advised by the present or prospective owner
of any proposed alteration or change in the use or character of any area listed in the
Register of Critical Areas. No alteration shallI take place for sixty days subsequent to
such notification unless a release is issued by the Critical Areas Advisory Board.

43 0

F1 4c

DEPARTMENT OF MARINE RESOURCES

CULTIVATION OF CLAMS AND MUSSELS, 12 M.R.S.A. 4304-4305. See
Municipal.

MUNICIPAL SHELLFISH ORDINANCES, 12 M.R.S.A. 4251-4253. See Municipal.

RESPONSIBILITY FOR MAINTAINING RECORDS FOR ALL LEASES, GRANTS,
PERMITS FOR ACTIVITY IN MAINE'S COASTAL WATERS, 12 M.R.S.A. 3502-A
(8) as enacted by P. L. 1973, c. 513.

Purpose:
Establish central point of reference for activity in Maine's coastal waters.

Areas and Uses Affected:
All records of activities authorized by leases, grants, licenses and permits of, or
with respect to, areas of Maine's coastal waters in which the tide ebbs and flows.

Administrative Agency:
Department of Marine Resources
Requirement placed on every state department, agency or official, municipality
or political subdivision to file copies of such documents with Commissioner of the
Department of Marine Resources.

431

F14d DEPARTMENT OF INLAND FISHERIES AND WILDLIFE

FISHWAYS AND DAMS, 12 M.R.S.A. 2201-2204 as enacted by P.L. 1954, c. 37.

The Commissioner of the Department of In land Fisheries and Wildlife may require a
fishway to be provided, erected, maintained, repaired or altered by the owners or
occupants of any dam or other artificial obstruction above tidewater in any inland
waters frequented by migratory fish. Notice to the Commissioner is required before
erection of a dam, and penalties are imposed for tampering with a fishway or depart-
ment dam without authority.

WATERCRAFT REGISTRATION AND SAFETY, 12 M.R.S.A. 2061-2084 as enacted
by P. L., 1973, c. 734..

Purpose:
To regulate watercraft, promote safety for persons and property in connection with
use or operation of watercraft.

Areas and Uses Affected:
Every undocumented motorboat, with limited exceptions, used on the waters of the
State as the state of principal use.

Environmental and Economic Considerations:
Prevent molesting of wildlife and promote safety of property.

Administrative Agency:
Bureua of Watercraft Registration and Safety, Department of Inland Fisheries and WIdlife.

Regulatory Powers:
Power to license boats, designate areas in which they may operate including certain
distance from swimming areas, etc.

432

WILDLIFE MANAGEMENT AREAS, 12 M.R.S.A. 2151, 2155 as enacted by P.L. 1954,
c.37 and amended by 1975, c. 431, 516.

Purpose:
To establish and operate wildlife management areas, fish hatcheries, or feeding stations.

Areas and Uses Affected:
Once established, the wildlife management area may be closed to motorcycles, field
bikes, all-terrain vehicles and snowmobiles as well as hunting, fishing, trapping,
boating, camping and other public use. Commissioner's authority to regulate uses
extends to all areas of the wildlife management area.

Environmental and Economic Considerations:
Regulations shall insure desirable effect on wildlife populations. Economic considerations
include the Commissioner's authority to harvest and sell natural products of the wildlife
management area. Also the owners of real and personal property taken for the wildlife
management area are entitled to damages equal to reasonable value thereof. (Title 23,
c. 3)

Administrative Agency:
Department of Inland Fisheries and Wildlife.

Regulatory Powers:
Commissioner may acquire in the name of the State real and personal property by gift,
bequest, purchase, lease, or take and hold, for the public use of a wildlife management
area. Commissioner's authority includes authorization of all public access to and on such
areas.

Appeal Procedure:
Disagreement over reasonable value of property taken by Commissioner for wildlife
management area shall be resolved by the county commissioners. Party aggrieved by
county decision may appeal to Superior Court.

433

WILDLIFE SANCTUARIES, 12 M.R.S.A. 2105 as enacted by P.L. 1954, c. 34 and i
amended by 1975, c. 213, c. 516

Department of Inland Fisheries and Wildlife may have authority to acquire wildlife
preserves, game sanctuaries and feeding stations by purchase, gift or eminent domain.
No hunting, trapping, harassment or killing of animals allowed within sanctuary,
except as authorized by Commissioner for conservation reasons.

434

F1I4e

DEPARTMENT OF CONSERVATION

BUREAU OF FORESTRY

PROHIBITED WOODS HARVESTlNG3 PRACTICES, 12 M. R.S.A. 519 as enacted by
P. L. 19711, c. 97 and amended by 1973, c. 759.

Purpose:
Regulation of roadside clear cutting practices in order to promote maximum safety
of users of public road, to protect public investment in such roads, to preserve and
enhance the natural scenic beauty and aesthetic features of public roads.

Areas and Uses Affected:
No person may cut down trees (on land) within I 00 feet from right-of-way limits
of any numbered highway generally used by public, except on land used for
agricultural, residential, non-wood land commercial, industrial, recreational or
access to abutting land purposes or in connection with public improvement or unless
using the selective cutting method.

Environmental and Economic Considerations:
Preservation of natural scenic beauty, the prevention of erosion of public roadside
land, and accumulation of slash which contributes to danger of forest fires. Economic
considerations are recognized in exemptions of certain productive land uses and
selective cutting from the general prohibition.

Administrative Agency:
Bureau of Forestry.

Regulatory Powers:
Enforcement of provisions.'

BUREAU OF PUBLIC LANDS

COASTAL ISLAND REGISTRY, 33 M. R.S.A. 1201 -1217 as enacted by P. L. 1973,
c. 616 and amended by 1973, c. 788; 1975, c. 509.

Purpose:
To ascertain ownership of islands in Maine's coastal waters. i

Areas and Uses Affected:
All islands in tidal waters, excluding islands that have four or more residential
structures, providing such property is on tax rolls of state or municipality, and
federally-owned islands.

Environmental and Economnic Considerations:
Protection of state-owned islands and state's interest in valuable real estate.

Administrative Agency:
Coastal Island Registry maintained by Bureau of Public Lands. State Planning Office
has responsibilities in determining county lines. Municipalities shall cooperate
in determining land ownership, tax status of island property.

Regulatory Powers:
Power to set up mechanics of Registry.

Appeal Procedure:
Person whose claim is initially determined to be not valid by Director of Bureau
of Public Lands shall have 30 days to present evidence to substantiate his claim.
Director shall then make a final determination which may be appealed in accordance
with Rule 80-B of Maine Rules of Civil Procedure.

BUREAU OF PUBLIC LANDS ESTABLISHED, 12 M.R.S.A. 551 as enacted by P. L.
1975, c. 339.

Bureau of Public Lands shall carry out responsibilities of State Government relating
to public lands planning and management. Such planning and management shall
proceed in a manner consistent with principles of multiple land use and shall
produce a sustained yield of products and services in accordance with both prudent
and fair business practices and the principles of sound planning.

PUBLIC RESERVED LOTS, 30 M. R.S.A. 4151 as enacted by P. L. 1954, c. 36
and amended by 1973, c. 788.

Purpose:
To vest in the State title, possession, and management responsibility for public
reserved lands contained within the unincorporated areas of the State. Such lands
to be managed under principles of multiple use and to produce a sustained yield
of products and services.

Areas and Uses Affected:
In every township and plantation, 1,000 acres average in quality, situation and
value as to timber and minerals with other lands therein.

Environmental and Economic Considerations:
(a) Public recreation needs.
(b) Scenic quality.
(c) Value as to minerals and timber.
(d) Preservation of significant natural, recreational, and historic resources,
including wildlife habitat arid other areas critical to the ecology of
the State.
(e) Provision of any applicable comprehensive or long-range management
plan for use of public lands.

Administrative Agency:
Bureau of Public Lands.

Regulatory Powers:
Director of the Bureau of Public Lands may select and locate public reserved lot
in township or tracts sold and not incorporated, with the agreement of proprietors.
When Director and proprietors cannot agree on location, the Superior Court may
appoint Committee to locate the public lot. Once established, the Director shall
have the care, custody, control, and responsibility for management of the public
reserved lands. Director shall maintain adequate inventory of public reserved
lands., including the multiple land use values. Director may grant licenses for
timber, wild food crops, sell sand and gravel, construct recreational facilities,
and., subject to Governor's approval, grant mining, mill and other industrial
use rights.

Appeal Procedure:
For unincorporated tracts, if Director and proprietors cannot agree on location,
Director may petition Superior Court to appoint three disinterested persons to

locate the public reserved lots. Appeal may also be taken to low court, as in
other actions. Town assessors may petition Superior Court to appoint such comn-
mittee which shall locate public reserved lots according to terms of the town-
ship grant.

MAINE GEOLOGICAL SURVEY

MINING ON STATE-OWNED LAND 10 M.R.S.A. 2101-2111 as enacted by
P. L. 1955, c. 409 and amended by 1975, c. 373.

Purpose:
To administer, regulate, and control mineral extraction from state-owned lands,
and natural resource conservation as it relates to mineral and oil and gas develop-
ment.

Areas and Uses Affected:
Lands owned or held in trust by State which includes all onshore and offshore
substrata. Excluded are responsibility for prospecting or mining for water, sand,
and gravel. Does not include land under Great Ponds.

Environmental and Economic Considerations:
Leases or licenses must be carried on consistent with "any prior or proposed use by
the State or any agency or instrumentality thereof." The economic consideration
is the development of the potential of Maine's mineral resources.

Administrative Agency:
Maine Geological Survey within the Department of Conservation

Regulatory Power:
Establish conditions under which lease may he granted and mining operations may
be carried out. Broad'discretion in deciding where leases and licenses should be
granted.

Appeal Procedure:
Forfeiture of lease is appealable to Superior Court. Violations of low or Bureau
regulations that may lead to forfeiture are heard before Administrative Hearing
Officer.

438

BUREAU OF PARKS AND RECREATION

KEEP MAINE SCENIC, 12 M.R.S.A. 631-633 as enacted by P. L. 1965, c. 312 and
amended by 1973, c. 460.

This legislation is concerned with maintaining the general appearance of Maine,
fostering cleanliness, and protecting scenic beauty. The Committee is charged
with advising and promulgating regulations preventing offensive litter or unsightly
conditions along roads, parks, waterways, and beaches.

PUBLIC FACILITIES FOR BOATS, 38 M.R.S.A. 321-327 as enacted by P.L.
1967, c. 103 and amended by 1975, c. 771.

Purpose:
Place aids to navigation and regulatory marks in waters of the State where hazards
to navigation exist. Remove minor hazards. Acquire, construct, maintain public
facilities for boats - including launching ramps, parking sites, access roads.

Area Affected:
Waters of the State.

Administrative Agency:
Bureau of Parks and Recreation.

Regulatory Power:
Establish uniform rules for marking of State water areas. Advise Department of
Transportation where facilities shall be located and which facilities shall be con-
structed.

Appeal Procedure:
District Court and Superior Court have concurrent jurisdiction.

F1 4f DEPARTMENT OF TRANSPORTATION

MAINE TRANSPORTATION ACT, 23 M.R.S.A. 4202-4206 as enacted by P.L. 1972,
c. 593 and amended by 1973, c. 788; 1975, c. 580, c. 771.

Purpose:
The Maine Transportation Act created the Department of Transportation, consolidated
several stake agencies under its aegi's and delegated certain responsibilities formerly
entrusted to these agencies to the Commissioner of Transportation. The most relevant
of these duties are establishing a system of scenic highways, and to acquire, construct,
operate and maintain harbor facilities necessary to implement the planned development
of coastal resources, ports and harbors.

Areas and Uses Affected:
Planning development and coordination of transportation facilities.

Environmental and Economic Considerations:
Environmental -
(a) Preserve scenic values along system of highways.
(b) Compatibility with national, regional, and local conservation plans.
Economic -
(a) Consideration of economic implications of scenic highways.
(b) Planned development of coastal resources, ports and harbors.

Administrative Agency:
Department of Transportation.
Act absorbed ferry responsibilities of Maine Port Authority, Advisory Committee of Ferry
Service, and Scenic Highway Board into the Department of Transportation.

Regu latory Power:
Authorized to prescribe and promulgate all necessary rules and regulations to carry out
purposes of Act.

OUTDOOR ADVERTISING LAW,- 32 M.R.S.A. 2711-2723 as enacted by P.1. 1969,
c. 257 and amended by 1973, c. 190.

Low contains extensive restrictions on types, size, and location of signs, advertising,
structures that may be placed along public ways.

F 149

DEPARTMENT OF HEALTH AND WELFARE

STATE P LUMBIN G CODEl, 32 M. R. S.A. 3351-3353 as enacted by P. L. 1954, c. 25.

The Department of Health and Welfare has the responsiblity to establish a State
Plumbing Code which shall constitute minimum standards for municipal plumbing
codes.

hA A

F14h DEPARTMENT OF AGRICULTURE i

BOARD OF PESTICIDES CONTROL, 22 M.R.S.A. 1471-A - 1471-M as enacted by
P. L. 1975, c. 397 and amended by 1975, c. 644.

Purpose:
Regulate sale and application of chemical pesticides.

Areas and Uses Affected:
Use of chemical pesticides in Maine or in Maine waters subject to certain exceptions.

Environmental Considerations:
Soils, waters, forests, wildlife, agriculture, and other natural resources.

Administrative Agency:
Board of Pesticides Control, Department of Agriculture.

Regulatory Powers:
Establish categories and standards for pesticide use and designate critical areas where
pesticide use would jeopardize the envirorment.

Appeal Procedure:
Appeal to Superior Court which can affirm, set aside, or modify action of the Board.
Finding of facts by Control Board conclusive if supported by substantial evidence.

SOIL AND WATER CONSERVATION, 12 M. R.S.A. 1-201 as enacted by P.L. 1954,
c. 34 and amended by 1975, c. 172, c. 770.

The SoilI and Water Conservation Commission, which is now under the Maine Depart-
ment of Agriculture, is responsible for classifying soi Is within the State according to
suitability for different types of activity. This is part of its duty to provide for soilI
and water conservation, prevention of soilI erosion, flood control, prevention of im-
pairmnent of dams and reservoirs, assistance in maintaining navigabi lity of harbors and
rivers, preserving wildlife, protect the tax base, and protect public lands. All
Commission recommendations are advisory.

44 2

Fl4i

MUNICIPAL POWERS

COASTAL ISLAND REGISTRY, see Department of Conservation

COASTAL ISLAND TRUSTS, 12 M.R.S.A. 641-646 as enacted by P.L. 1971, c. 442
and amended by 1975, c. 771 .

Purpose:
Control and guide development of Maine's coastal islands.

Area Affected:
Islands or groups of islands which the Legislature designates for inclusion in coastal
island trusts.

Environmental and Economic Considerations:
Environmental -
(a) Uniqueness of Maine's coastal islands, maintenance of coastal island
environment.
(b) Sanctuaries for recreation, self-renewal.
(c) Prevent environmental degradation.
The economic consideration is the balancing of short term economic gain through
rapid development against long range value of islands for recreational, limited develop-
ment purposes.

Administrative Agency:
Coastal Island Commissions, to administer Coastal Island trusts designated by Legislature.
Governor with consent of CouncilI appoints one member to each coastal is land commission.
Representation on Coastal Island Commissions in accordance with area and population
of islands under municipality's jurisdiction that are included in designated trusts. Muni-
cipalities appoint own representatives.

Regulatory Power:
To develop and maintain a comprehensive plan to preserve, restore, utilize and develop
the commercial, natural, scenic, historical, and recreational value of coastal islands
of each coastal trust established. To formulate uniform policies, to encourage state,
county, and local governments to adopt and enforce adequate master plans and zoning
ordinances. Purchase, lease, accept and otherwise acquire property. Issue and enforce
such rules and regulations as it deems necessary to regulate use of any property under its
jurisdiction.

FARM AND OPEN SPACE LAW, See State Tax Assessor.

LICENSING OF WEIRS AND WHARVES, 38 M.R.S.A. 1021-1026 as enacted by P.L.
1954, c. 98 and amended by 1975, c. 287.

Legislature has delegated authority to municipalities to license weirs and wharves in
tidal waters.

MUNICIPAL AUTHORITY TO GRANT AQUACULTURE LEASES, 12 M.R.S.A. 4304-
4305 as enacted by P.L. 1954, c. 38 and amended by 1975, c. 743.

Municipal officers of any municipality, and the Commissioner in case of a deorganized
municipality are authorized to grant licenses for purpose of planting and cultivating
clams, quahogs, or mussels within their respective jurisdictions.

MUNICIPAL ROLE IN INITIAL APPROVAL FOR ALTERATION OF WETLANDS, 38
M. R. S.A. 471-478 as enacted by P.L. 1975, c. 595.

Munici'pality may apply to the Board of Environmental Protection for authority to issue
permits for alteration of coastal wetlands if the municipality has a Planning Board and
an adopted zoning ordinance.

MUNICIPAL SHELLFISH CONSERVATION COMMISSIONS AND MUNICIPAL SHELL-
FISH ORDINANCES, 12 M. R.S.A. 4251-4253 as enacted by P.L. 1963, c. 277 and
amended by 1975, c. 60.

Municipality may establish a shellfish conservation program which has been approved
by Commissioner of the Department of Marine Resources.

PARK AND CONSERVATION COMMISSIONS, 30 M.R.S.A. 3851-3854 as enacted by
P.L. 1965, c. 203 and amended by 1971, c. 299.

A municipality may establish Conservation Commissions to inventory, plan for, obtain
conservation easements, and when necessary, acquire open areas with the approval of

444

local legislative body.
"Open areas" under this statute, means any area the preservation of the use of which
would:
(a) Maintain or enhance conservation of scenic or natural resources.
(b) Protect natural streams or water supplies.
(c) Promote conservation of swamps, wetlands, beaches, or tidal marshes.
(d) Act as buffer for parks, forests, or wildlife preserves, natural reservations
or sanctuaries.
(e) Enhance public recreational opportunities.
(f) Preserve historic sites.

TREE GROWTH TAX LAW, see State Tax Assessor.

F14j

STATE TAX ASSESSOR

FARM AND OPEN SPACE LAND LAW, 36 M.R.S.A. 585-593 as enacted by P.L.
1971, c. 548 and amended 1975, c.326. Repealed effective December 31, 1977.

Change in assessment tax practices to enable preservation of farm land of at least
10 contiguous acres which has produced from farming activity at least $1,000 in 3
of last 5 calendar years and open spaces that have been designated as such on a
comprehensive plan of municipality or by the Land Use Regulation Commission in
unorganized territories. This statute is replaced as of December 31, 1977 by:

FARM PRODUCTIVITY AND OPEN SPACE LAND LAW, 36 M.R.S.A. 1101-1118
as enacted by P.L. 1975, c. 726.

Purpose:
Preservation of farm land and open space land.

Areas and Uses Affected:
Farmland of at least 10 continguous acres on which agricultural activities have
produced a yearly gross income of $1 ,000 for 10 acres and $100/acre for each acre
over 10, with total income required not to exceed $2,000, in 2 or 3 of last 5 calendar
years; open spaces that have been designated as such on a comprehensive plan of a
municipality or would qualify according to environmental considerations (below).

Environmental and Economic Considerations:
Environmental -
(a) Conserve scenic resources.
(b) Enhance public recreation opportunities.
(c) Promote game management.
(d) Preserve wildlife.
Economic consideration is to enable a change in assessment tax practices to make it
economically feasible to retain land in undeveloped state.

Administrative Agency:
State Tax Assessor.
Department of Agriculture shall determine an acreage 100% productivity value
for agricultural land in each county.

Regulatory Powers:
State Tax Assessor shall establish recommended current use value by county for classification

446

of open space land. Municipal assessors are not required to use values recommended,
but must be prepared in any appeal to explain their current use value figures. State
Tax Assessor may conduct investigations of farmland and open space.

Appeal Procedure:
Person aggrieved by order of State Tax Assessor or Commissioner of Agriculture may
within 30 days petition for reconsideration, or appeal to the Form and Open Space
Appeal Board. Either party may appeal from the decision of the Form and Open
Space Board to the Superior Court. Or, aggrieved person may appeal directly to
Superior Court for review limited to questions of law. State Tax Assessor's decision
shall be final so long as supported by substantial evidence.

TREE GROWTH TAX LAW, 36 M. R. S.A. 577-594 as enacted by P. L. 1971, c. 616
and amended by 1975, c.765.

Purpose:
Promote better forest management by appropriate tax measures.

Areas and Uses Affected:
Land held primarily for growth of trees and forest products but excludes ledge, marsh,
open swamp, bog, water and similar areas which are unsuitable for growing a forest
type even though such areas may exist within forest lands.

Environmental and Economic Considerations:
Environmental -
(a) Sustained yield basis for forest lands.
(b) Better management of forest lands.
(c) Protect recreational resources.
Economic considerations are prevention of inadequate taxation, excessive taxation,
and forfeiture of some forest lands.

Administrative Agency:
State Tax Assessor.
Forest Land Valuation Advisory CouncilI established by Act to advise State Tax Assessor.
Municipality assesses forest land within its jurisdiction. Recommendations of State Tax
Assessor not mandatory.

Regulatory Power:
State Tax Assessor to determine annual net wood production, average stump values, and to
establish evaluation accordingly in conformance with purposes of the Tree Growth Tax Law.

447

Appeal Procedure:
Various avenues of administrative and judicial review available depending on where
land is and who is seeking relief. See statute for each situation.

448

F15

F15 AUTHORITIES FOR PROPERTY ACQUISITION

Property acquisition is not necessary to implement this program, therefore no authorities
are cited.

449

PUBLIC PARTICIPATION

A Summary of Agencies, Committees, Questionnaire Results, and Public
Hearings Held in Conjunction with the Public's Participation in Maine's
Coastal Program 4.53

G 1

PUBLIC PARTICIPATION IN DEVELOPING MAINE'S COASTAL PROGRAM

INTRODUCTION

Extensive effort has been made to inform and involve the public in the development
of Maine's Coastal Program. A variety of methods was utilized in order to reach the large
numoer of public and private agencies and individuals who might be interested in or affected
by the program.

This section will summarize the citizen participation program since O.tober 1, 1976,
approximately the date when work began to prepare a new proposal designed to meet wirh
the approval of the citizens of Maine. Included will be:
- lists of organizations and categories of individuals contacted
- committees formed
- summaries of public meetings held
- letters received
- questionnaires, surveys, used to solicit input and response.
In the interest of brevity, copies of questionnaires, tabulation of results, and other details
were omitted. Additional information will be supplied on request.

INTERESTED AGENCIES AND INDIVIDUALS

The list of interested agencies, groups, and individuals has grown as the program
nas developed. These are currently about 1800 entries on the muiling list. This list is
broken down into the following categories: (Where appropriate, an approximate number
is given.)

LOCAL GOVERNMENT (COASTAL): REGIONAL AGENCIES (COASTAL):
City/Town M'nagers (57) Regional Planning Commissioners (8)
First Selectmen or Cnairmen of Town Councils (134) Executive Directors (8)
Planning Boards (129) Representatives of Member Towns (116)
Conservation Commissions (79) Representative of RPC'is a group (1)
Recreation Directors (22) Resource Conserv. & Developmt Districts(3)
City Planning Otfices (8) Soil & Water Conservation Districts (8)
City Development Offices (1) Watershed Gi oups (8)
Economic Development Districts (1)
Maine Municipal Association
INTERSTATE:
COUNTY GOVERNMENT (COASTAL): New England River Basins Commission
County Commissioners (30) New England Regional Commission

O-~~~~~~~~453

453

STATE GOVERNMENT BUSINESS INTERESTS:
State Legislature: Chambers of Commerce (25)
Coastal Legislators (93) Fishermen's Cooperatives (17)
Marine Resources Committee Chairman (1) Other Fishermen's Organizations (6)
Maine's Congressional Delegation (4) Aquaculture (8)
Department of Conservation Port Development Groups (3)
State Development Office Boat Building and Marine Trade Associations (2)
Department of Environmental Protection Forming Organizations (3)
Department of Transportation Tourists Industry Organizations (2)
Office of Energy Resources Housing/Construction Industry Associations (4)
State Planning Office Real Estate Dealers' Associations (1)
Department of Marine Resources Bankers' Associations (3)
Department of Inland Fisheries and Wildlife Paper and Other Forest Product Industry Associatio
Department of Agriculture Petroleum Dealers' Associations (1)
Attorney General's Office Truckers' Organizations (1)
Bureau of Indian Affairs Commercial/Industrial Organizations (5)
Bureau of Taxation Other Economic Development Organizations (10)
Maine Housing Authority Major Businesses and Industries (46)
Maine Port Authority
Maine Real Estate Commission
Maine Historic Preservation Commission CONSERVATION ORGAN IZATION.Sz
Soil and Water Conservation Commission Statewide Conservation Organizations, such as:
Maine Audubon Society
Natural Resources Council
FEDERAL GOVERNMENT- ~~Coastal Resource Action CommitteeO
(Agencies listed and participation Coast Heritage T
Maine Coast Heritage Trust
discussed in Appendix H.) Maine Association of Conservation Commissi,
Garden Club Federation
EDUCATI NAL INSTITUTIONS: Congress of Lake Associations
Mai ne Culleges (8) Local Conservation Organizations (8)
University of Maine

MARINE RESEARCH GROUPS (2) OTHER LOCAL ORGANIZATIONS:

Service Organizations (73)
COOPERATIVE EXTENSION Sportsmen's Associations (57)
Recreation Commissions (10)
COASTAL NEWSPAPERS (27) Historical Societies (59)

INDIVIDUAL COASTAL RESIDENTS WHO EXPRESSED INTEREST:
(131 On mailing list)

454

COMMITTEES FORMED

A policy and technical advisory group has been formed specifically for the develop-
ment and imrlementation of Maine's Coastal Program.

The Governor's Advisory Committee on Coastal Development and Conservarion was
formed by Executive Order of the Governor (See Executive Order, Appendix Fl). This
Commiittee, intended to represent the broad range of coastal interests, includes the Com-
missioners (or Cabinet level officials)of the following departments: State Development
Office, Department of Conservation, Attorney General, Office of Energy Resources,
Department of Marine Resources, Department of Transportation, Department of Environ-
mental Protection, and the State Planning Office.

Additionally, there are two State legislators on the Committee, a representative
of the regional planning commissions, the Gieater Portlana Area Building Fund, University
of Maine, and four "citizens at large", one of whom is the chairperson.

This Committee may, from time to time, be expanaed by the Governor to include
more representation, The Governor may also use this Committee to advise him on matters
related to the coast, The Committee meets approximately m,nthly, or as the need arises.
It will serve to advise on tunding distribution, especially in cases w.,ere decisions have
ro be made either because of questions regarding eligibility or in selecrion when grants
are awurded on a competitive basis, The Commlittee has and will continue to play a strong
role in advising the Governor on policy refinements on issues affecting the coast.

The Technical Advisory Committee was formed to advise the staff and the Comnittee
on Coastal Development and Conservation (CCDC) on "technical" aspects such as method-
ology, data, and procedures used in study reports, and local and special projects. This
Committee, appointed by the chairperson of the CCDC, consists of professionals in the
related state agencies, directors of regional planning commissions; as well as conservation,
business, or general organizations; and professional planners ot coastal towns (now num-
bering six). This Committee meets about once in three months, but individual members are
otten called upon for assistance on an ad hoc basis.

MEETINGS TO SOLICIT PUBLIC OPINION

Since the rejection of the last coastal application, the State Planning Office
has made an unprecedented effort to involve the public in guiding the new application
and offering them opportunity to comment on it.

There have been 43 public meetings called for the purpose (speaking engagements
not included), numerous press releases, and 3 questionnaires to solicit written sentiment,
Coastal local and regional officials know rhe application, feel they have had a say in
it, ana support it wholeheartedly.

The foi low.ng summarizes the meetings held for the purpose of answering, 'NWhat
do people of the Maine coast think of the application ?"

455

No. of
Staae Dates Mvleerings larget

Guidance Oct '76-Feb '77 18 local Local officials 293
(Cherryfield-Biddeford) 3 areawide Local officials 30
Nov '/6-Jan '77 2 Environmentalists 6
January '17 3 Business-Industry 12

Previ ew March '77 10 Local 89
(Machias-K ennebunk) mai ling list invi tees

Oct. Draft Nov - Dec '77 6 Local & regional 227
mailing list
Decemoer '/7 1 Environmentalists 15
RPC Directors

Total -43 592*

* Some of these may be the same people, of course.

Opinions expressed at the meetings are summarized below:

October '76 - February '77 Series
Public i
- Control should reside at local level
- Warned of becoming obligated to federal government
- Concern about how money would be distributed
Conservation Groups
- Would like to see coastal policy issues identifying significant
areas explored.
- Support funds to localities for projects with eligibility criteria
and to the State for policy development.
Business Leaders
- Concern about dictatorial power, prefer advisory ,ole only;
- Concern about adverse impact of environmental laws on
economic development activities;
- Decisions should De made at local level
- Role of state and regional agencies should be to ofter
technical assistance, to ennance local management
capabi i ti es.

March '77 - Preview Series
Verbal response at meetings and written response via mulled-in card were
encouraged, A Iist of 50 concerns range from policy to admnistrarive
details, On the w.,ole, statements were positive, supportive of allocating
large percentage of funds to local level. A ,ample of comments follows: 4
"requiring matching tunds may be deterrent"
"regional projects should be encouraged, but how?"
"the highest priority for the first year should be to assure that
each coastal town has a good comprehensive plan"

456

"If the amount awarded to Muine is less than expected, will
the percentages of the pie remain the same?"
"I wuld strongly approve additional laws, regulations, or plans
being required or resulting from this program unless adopted by
individual towns affected"

November-December '77: Public Meetings on October Draft of Proposal
Formal Statements
- 37 local officials - favoring local control, no more new laws, and
praising citizen involvement in process
- 5 still negative of program, and dislike or distrust of state and
federal funds/meddling
- 3 (LWV, NRDC, & law school professor) critical of shortcomings
and lack state control over state problems.
Concerns Raised in Question Period
- regulations will get tighter - suspicion policy work will lead to
more regulations;
- anxious for beach erosion projects;
- would like to see acquisition funds for implementing "planning".

SURVEYS AND QUESTIONNAIRES

A survey was muliled to all coastal tow,,s in August 1976 to see how many towns
would be interested in conducting local coastal management projects. Onie hundred
out of one hundred forty-three towens responded. Coastal municipalities expressed a
strong need for funding for local prolects in resource planning and management. The
program is being developed to satisfy the need.

Besides indicating project choices, respondents were asked to prioritize their
choices, Frequency on table below Indicates how nany times item was mentioned,
(people were asked to identify their top 5 priorities). First and second choice shows
priori ty.
Frequency 1st or 2nd
in top 5 Choice
Economic Development 96 54
Preparation of Town Ordinances 82 35
Collection and Refinement of Information 48 20
Conservation 46 20
Resource Management 41 10
Preparation of Comprehensive Plans 37 18
Town Ordinance Enforcement 19 8
Legal Assistance 17 5
Purchase of Equipment 11 3

Since it is Maine's contention that the projects conducted by local municipalities
will best meet the objectives of the Coastal Program, it is important to speciry as much
as possible tne nature of these projects. The following list of examples illustrates wnat
was meant by each category of projects. The numbers next to each item again indicate
the frequency of times mentioned.

457

Economic Development Conservation
Wise use of natural resources 37 Water supply protection 14
Guiding commercial development to Conservation of open space 13
suitable location 21 Conservation of wildlife habitat 2
Guiding housing development to Other 7
suitable location 17
Guiding industrial parks to suitable Resource Management
location 13 Access to Coast 14
Othner 8 Town shelitish resources 9
Town wa tersh eds 6
Preparation of Town Ordinances Town open space and parks 6
Zoning ordinances 17 Town historic areas 2
Giowrh managem cit ordinances 17 Town forest 1
Building codes 17
Subdivision ordinances 12 Comprehensive Plan
Sign and billboard ordinances 6 Preparation of Town plans 18
Streamlined procedures tor issuing permits 6 Comprehensive capital improvement 13
Shellfish ordinances 3 Other 6
Other 4
Town Ordinance Enforcement
Collection and Refinement of Intormation Hiring person to administer
Preparation of tax maps 17 ordinances 17
Soils information 9 Other 2
Recreation resource information 7
Shellfish information 7 Legal Assistance
Socioeconomic information 5 Hiring a lawyer 17
Geologic information 2
Equipment
Equipment for data refining 5
Other 6

Questionnaires Administerea at Meetings

Brief questionnaires were provided to supplement all public meetings. The responses
are summarized below:

Allocation of Funds

Regarding the proposed distribution of available funds, the response to
questionnaires adm.nisterea in the October 1976-1977series was as follows:

-77% teit the available money should be mostly used by towns and regional
agenci es
- 48% said funds should be given exclusively to towns, and
- 37% said funds should be given "mostly" to state agencies.

The same question was asked in a somewhat different format in the November '77
public meeting series: The resrnse was quite speci n c in favor of local assistance
and wary of statefunctions:

458

- 88% are either satisfied wirh proposed allocation of funds to local
level or thought it not enough;
- 59% thought it just rignt; 2Y% not enough.
- 66% thought special project grants to state and regional agencies
were just right, but
- 20% ,hought funds to state and regional were too much.
- The wariness about state policy formulation showed up when only
52% thought funds to state agencies for policy refinements were
just right but 3.)% thought funds for policy refinement to state
agencies were too much.

Existing or New Laws
In the October '76-'77 Series, most thought existing state and local "land
use control programs" were sufficient in the short term and many thought that in
the longer term (several years) a comuination ot new and old land use control
programs was needed. 4% support new land use control programs.

The question wus asked a little differently in the November '77 series:
66% thought the "six core laws" adequate, 15% answered no, 1I % weren't
sure.
Both responses indicate that people would not support new coastal manage-
ment legislation, Note that the question did not use rne word "enforcement".
It is unlikely that the word would bring out more support.

Comm ents
In the '76 questionnaire respondents were asked to list issues they felt the
Coastal Program ,nould address, Answers ranged from pollution abatement to
public education on planning. Nor one mentionea improved. enforcement. Two
individual suggestions came close on either side of the issue: "Cumprehensive
coastal zoning administered by the Stare" and "Reduction or state und regional
interference in local planning."

In the October '/7 questionnaire 41 comments were supportive, 10 cautiously
optimistic, and 3 untavorable.

Letters Received
In addition to questionnaires, there were 1/ letters received by either the
Governor, Planning Director, or planning staff; 14 ot these letters were supportive;
3 were critical, raising legal points. These latter comments were considered in the
same way as tederal agency responses and were considered in the revisions to the
October Draft.

459

FEDERAL PARTICIPATION

1 Federal Agency Involvement 463

0
A_~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

FEDERAL AGENCY INVOLVEMENT

Opportunity for federal agency participation in Maine's Coastal Program has been,
and will continue to be, available through combined federal meetings, correspondence,
and one-on-one discussion with those federal agencies with particular concerns. In-
formal contacts and conversations have also helped assure participation as have contacts
made in the early 1970s by the New England River Basins Commission (N EtBC) in draft-
ing two reports on federal activities and interests in Maine's coastal area.

Participation has centered on four meetings held under the
auspices of the NERBC and correspondence. The first of these meetings was held
November 20, 1974, to review the format and content of the State's 306 application
for the Mid-Coast region of Maine. At a second, March 1975, meeting that applica-
tion was reviewed preparatory to its submission to the Office of Coastal Zone Manage-
ment, however shortly thereafter the application was withdrawn because of lack of
support and a decision was made to revise the scope and administrative strategy of the
program - the basic legal/management cornerstones were retained. Thus, the third
and fourth meetings (held on August 10, 1976 and April 6, 1977,) focused on an ex-
planation of the revised direction of Maine's program and a description of how funds
may be allocated if the program is funded.

The responsibility for arranging these meetings has been shared by the State Planning
Office and the NERBC's Coastal Zone Liaison staff person. The names of those invited
to attend the meetings were drawn from the Federal Agency contact list compiled by
the NERBC.

Twenty representatives of various Federal agencies attended the August 10, 1976
meeting in Boston to discuss the progress of the Maine Program. Attendees reviewed
the status of the Maine coastal planning program, discussed the current direction of
the Maine program as shown in the management subcommittee's report to the full
Committee on Coastal Development and Conservation mailed to the agencies earlier.
They also heard a report on key elements of the recently signed Coastal Zone Manage-
ment Act Amendments and draft regulations for Section 307 (which deals with federal
participation in and review of a state's coastal zone program and federal consistency
with an approved state coastal zone program).

Designated coastal zone contacts in federal agencies were encouraged to comment on
the report of the Management Subcommittee and on the current direction of the state
program; to identify federally-owned lands in the Maine coastal area; and to identify
and describe federal projects and programs that operate in or affect the Maine coastal
area.

1January 1971, "Federal Activities in the Maine Coastal Zone" and
January 1971, "Regional and National Demands on the Maine Coastal Zone;
N.E.R. B.C."

463

Twenty-one representatives of various concerned Federal agencies attended the April 6,
1977, meeting in Boston. A preview of the Maine Coastal Program and how the program
will accommodate activities of national or regional interest were the key subjects. The
Maine Coastal Program staff reported on progress of the program, and described the six
state laws which were originally designated to serve as the key authorities for management.
Federal agency representatives were particularly interested in how the program would (1)
ensure that uses of regional benefit are not arbitrarily excluded; (2) accommodate activi-
ties in the national interest; and (3) provide state-level overview of the many program
elemnents. Federal agencies were requested to describe hlow their own programs and
projects relate to the core laws, and to provide a statement of their views of the
national interest in the Maine coastal area.

Tables summarizing concerns expressed by federal agencies during the development of
Maine's Coastal Program appeared in appendix 42 of the DEIS. In addition the federal agencies
have commented on the Draft Environmental Impact Statement on Maine's Coastal
Program. In response to these comments a number of changes were made in the
program. A detailed summary of federal agency comments on the DEIS and Office
of Coastal Zone Management's responses appears in Part IX of this document. The
full text of these comments is available as a separate volume.

464

COORDINATION

I Coordination Between and Within State Agencies 467

2 Memoranda of Agreement Between Certain State Agencies and
the State Planning Office 472

3 Consultation and Coordination with Local Area and Other Plans 482

4 Organization Chart of Maine's State Government 496

5 Historic Preservation Commi ssi on 498

COORDINATION BETWEEN AND WITHIN STATE AGENCIES REGARDING THE
ISSUANCE OF LICENSES AND PERMITS RELATED TO THE 11 LAWS

Coordination between the State Planning Office and the two state agencies responsible
for the 11 various laws that are the core of Maine's Coastal Program is assured through
the Memoranda of Agreement contained in this Appendix. These memos establish
cooperative procedures and spell out understandings between the Department of Environ-
mental Protection and the Land Use Regulation Commission and the State Planning Office.
They also clarify the State Planning Office's administrative duties in implementing the
Program and explain state agency Federal Consistency responsibitities.

Coordination beiween the Department of Environmental Protection and the Land Use
Regulation Commission regarding the review of applications for all environmental
permits (including the 11 laws adopted by Maine's Program) and other state agencies
is assured by legislation approved by the 108th (1977) Legislature. (See footnote
below for the Department of Environmental Protection's provisions as found in 38 M.R.S.A.
s 341 and Appendix F5a for Land Use Regulation Commission's provisions in 12 M.R.S.A.
s 685-B.) Generally these two sections of the law establish a "one-stop" permit procedure
which requires that either the Department of Environmental Protection or the Land Use
Regulation Commission (depending on the location of the project) take the lead in estab-
lishing "coordination and assistance procedures, " on behalf of the applicant, for all
state "environmental permits" (in the case of Department of Environmental Protection)
and all state "land use permits" (in the case of the Land Use Regulation Commission).

Coordination within the Department of Environmental Protection itself with regard to
projects that require more than one permit is achieved at the Bureau level by: requiring
an applicant to submit all the required applications before any one permit application is
reviewed (see Departmental Regulations 1 .4 "Application Requirements, "); or by making
approval of one permit conditional on receipt of all applicable permits; or by having the
applicant apply for the other permits while the first is being processed.

Coordination with regard to the Shoreland Zoning Law is achieved through the Shoreland
Zoning Task Force. Members of both the Board of Environmental Protection and the Land
Use Regulation Commission sit on the Task Force and the State Planning Office provides
the staff to overview and administer the Act at the State level. Permits are issued at the
local, municipal level. (See Appendix F4b for details.)

See. 4. 38 MRSA � 341, as last repealed andl repl.l..dl lby PL 1975, c. 771,
� 418, is amended by adding at the end the following Iewv i:.ragraph:
The Department of Environmental 1'rotectioll shall ,.stlalish coordination
and assistance procedures for all envilmnnental pcriiiis issued by agencies
of the State for activities within the organized milliici,alitles. Such pro-
cedures shall, to the extent practicahle, ensure: The availability to the pub-
lie of necessary Information conecrning such environmental permits; the
provision of assistallne to applieanlts in obtaillinlg such permits froen all such
agencies; tlie coordination of application procedures, time schedules, nppli-
cation forms and similar requilremenlts so as to reduce delay and duplication
of effort by the applicant and the issuing agencies. Such permit issuing
agencies shall cooperate with the Department of Environmental Protection
in the development and effectuation of such coordination and assistance
procedures.
Approved May 25, 1977.

467

CONSULTATION AND COORDINATION WITH THE DEPARTMENT OF TRANSPORTATIOr

This section will show how the activities of the Department of Transportation are
coordinated with Maine's Coastal Program.

It will describe:

- how activities come under the jurisdiction of some of the core laws in the
Coastal Program;

- the social, economic, and environmental review process Department of Trans-
portation uses for making siting decisions;

- the relationship between the State Planning Office and the Department of
Transportation;

- the procedure in case there is a conflict between the Department of Trans-
portation and the Coastal Program.

JURISDICTION OF THE CORE LAWS

The Department of Transportation submits all of its highway projects for review to the
Department of Environmental Protection. Project proposals are sent to the Land Bureau and
Water Bureau for review and comment. Projects are then reviewed under the appropriate
core law.

Coastal Wetlancs Act

Any road building activity clearly comes under the Coastal Wetlands Act:

"no individual person, firm, corporation, municipality, state agency ...
shall fill .._ or erect . . a causeway, bridge o.. or other permanent
structure, in or over any coastal wetland... in any swamp, marsh, bog,
beach, flat, or other contiguous lowland which is subject to tidal action"

Pursuant to s 474, the Department of Transportation must demonstrate that the highway

"will not unreasonably interfere with existing recreational or
navigational uses; nor cause unreasonable soil erosion; nor un-
reasonably interfere with ;he natural fow of any waters; nor
unreasonably harm wildlife or freshwater, estuarine or marine
fisheries, ....
468

Protection and Improvement of Air Law

The air law requires a demonstration that a highway project of four or more lanes
will not violate the State of Maine ambient air quality standards.

"The person or agency proposing to construct a highway resulting
in four or more lanes shall submit to the Department of environ-
mental Protection an air quality impact analysis, This analysis
shall be conducted in accordance with such mathematic modeling
techniques as are mutually acceptable to the Department, Environ-
mental Protection Agency, and the Federal Highway Administration."

The exemptions eliminate activities which don't affect air quality:

"The foregoing shall not apply, however, to highway projects
that will have no sigrificant affect on air quality such as lights,
signs, landscaping, and resurfacing. "

The Department of Transportation also submits projects to the Department of Inland
Fisheries and Wildlife for review when the Stream Alteration Act applies.

Stream Alteration Act

Similar to the Wetlands Act, the Stream Alteration Act requires a permit
for any filling or erection of structures, building of causeways, bridges, etc. The
permits are issued by the Department of Inland Fisheries and Wildlife. State agencies
are not exempt from the requirement.

The Act does exempt any:

"river, stream, or brook crossings in connection with public
works projects which shall alter not more than a total of 300
feet in any mile of shore which shall .... Alteration to both
shores of the river, stream, or beach shall be combined in
arriving at a total shore footage "
The Department of Transportation also submits projects to the Land Use Regulation Commission
when the Land Use Regulation Commission law applies.

The Land Use Regulation Commission

The Land Use Regulation Commission requires permits for all significant road
projects in its jurisdiction, which covers 5% of the coastal area. The permit process
and standards are described in Section 7.53. Generally the standards and conditions
of the permit are designed to protect and enhance environmentally sensitive areas or
values.

469

Review by the Departments of Environmental Protection, Inland Fisheries and
Wildlife, and the Land Use Regulation Commission under these core laws assures that
the Coastal Program has control over any highway project which may have a significant
affect on the coastal area.

Site Location Law

The Site Location Law does not apply to highways. However, any highway projects
funded with federal aid must be consistent with the Maine Coastal Program as provided in
the federal consistency provision of Section 307 of the Coastal Zone Management Act.

In addition, the State Planning Office will review all major transportation projects
as defined below and notify the Department of Transportation if they are consistent with the
Coastal Program. In cases where federal consistency does not apply, the procedures for
resolution of the interagency conflict is described below.

DEPARTMENT OF TRANSPORTATION'S ACTION PLAN FOR REVIEW OF ALL
HIGHWAY PROJECTS

The Department of Transportation has compiled an "Action Plan" for the review
of all its highway projects. The process used for all projects satisfies the social, economiO
and environmental review requirements when federal funds are used for highway construc-
tion.

The degree of review and public involvement varies with the extent of environ-
mental impact, The Department of Transportation has classified its projects to three
levels, Level 1 - minimal; Level 2 - moderate; and Level 3 - major environmental
impact. For all three levels appropriate local, state, and federal officials are informed
of engineering studies and alternatives. Public meetings are held. For Level 2 and
Level 3 formal public hearings are mandatory. Where comments received at public
hearing reveal issues or alternatives not previously considered, they must be considered
by the Department of Transportation. Level 3 review must include an Environmental
Impact Statement and process;

MEMORANDA OF AGREEMENT WITH STATE PLANNING OFFICE AND CORE LAW
AGENCI ES

In conjunction with the above Action Plan, the Department of Transportation has
memoranda of agreement with core law agencies as well as the State Planning Office,
stating that the agencies will be provided an opportunity to review all proposed planning
studies and engineering plans. The Department of Transportation will provide the agencies _
with its Biennial Highway Construction Program. The agencies will in turn advise the
department of any interest they have in the plans or alert them to any adverse environmental
impacts. Such agreements have been signed by the Departments of Environmental Protection,
Inland Fisheries and Wildlife, Marine Resources, and the Land Use Regulation Commission,
all state core law agencies.
470

There is also a memorandum of agreement (attached) between the State Planning
Office and the Department of Transportation under which the State Planning Office
reviews state funded Department of Transportation projects involving more than 5200,000,
to assess that all projects affecting the coastal area are consistent with Maine's Coastal
Program.

Under the agreement the Department of Transportation must discuss any concerns
raised by the State Planning Office regarding the impact of the projects on Maine's Coastal
Program. The review has been incorporated into the State Planning Office's A-95 review
process.

The State Planning Office has reviewed the 1978/79 Highway and Bridge
Improvement Program.

The following projects are the only exclusively state aid highway projects in
the coastal area:

Project #103 in Arrowsic on Route 127, 1.5 miles, estimated cost $50,000.
"Funds are provided to improve the structural conditions of roadway
at selected locations, drainage and shoulder improvements. "
Project #149 - Cu-nberland/Yarmouth, on Route 88, 3.45 miles, estimated cost
$100,000, "Resurfacing, beginning at the Falmouth town line and extend-
ing northeasterly."
Project #150 - Harpswell, 1.51 miles on unnumbered road, "Funds are provided
for the continuation of improvements to the easterly approach to the
Ewing Narrows Bridge." $40,000.

The State Planning Office has reviewed these projects, and expects no significant
impact on the coastal area and finds that they are consistent with the Coastal Program. Any
additional major highway proposals will be reviewed by the State Planning Office for con-
sistency with the program through the procedures described in this section.

PROCEDURE FOR RESOLUTION OF CONFLICT

In the cases of major transportation projects not subject to federal consistency
proposed for the coastal area where the State Planning Office's final position is that a
project is inconsistent with the Coastal Program and the State Department of Transportation
believes the project is essential for transportation purposes, the Governor shall resolve
whether or not the project will proceed.

For the purposes of the memorandum of agreement, a "major transportation project"
shall be defined as a project which involves construction on roads in new locations or in-
creases the number of travel lanes but specifically excludes projects to improve traffic
operations at intersections.

471

MEMORANDA OF AGREEMENT BETWEEN CERTAIN STATE AGENCIES AND THE
STATE PLANNING OFFICE

The following pages contain copies of Memoranda of Agreem~ent between the
State Planning Office and the following state agencies:

a. Department of Transportation

b. State Development Office

C. Land Use Regulation Commission

d. Department of Environmental Protection

472

: a
ME-2OIRANItJ.", OH uNi),lRs'rAN DiNG

,RPA' the D-partment of Transportation is developing procedurns to provide Coordinatic
O he pjannlngC anid devolopnvnt of tran:.portatlon facilitiesc with the State Planning
Oce, and

fEBEAS it is desirable to coordinate with the State Planning Office in order to assure
Lrly identification of potential impacts relative to areas of mutual interest, and

{iTEAS it is necessary to develop procedures which will fulfill the Maine State Plannir
;t of 1968, and title IT of the Federal Intergovernmental Cooperation Act of 1968,

)W, T�]h-EFORE, the Department of Transportation and the State Planning Office mutually
*ree to enter into the following Memorandum of Understanding in order to achieve the
wove goals:

.PlanninE Functions.

Annual Work Program
1. The Department of Transportation, through its Bureau of Transportation Planr
and Services, will submit to the State Plarfning Office the draft Annual }{igl
way Planning and Research Program prepared each year by the Department of
Transportation. The program will define the Bureau of Transportation Planni
and Services' objectives for the forthcoming fiscal year. This submission .
be regarded as the beginning of the A-95 project review and evaluation procE

2. The State Planning Office shall have thirty (30) days in which to indicate
whether comments may be forthcoming. The State Planning Office is encourage
* to comment on the studies proposed within their jurisdictional area regardir
the need for the establishment of study committees for a specific proposal.

3. Should the State Planning Office indicate to the Department of Transportatic
that it may wish to comment, the Bureau of Transportation Planning and
Services will arrange for a discussion to resolve any questions or points oi
interest,

4. The State Planning Office shall have 30 days following receipt of the final
program to submit formal comments to the Department of Transportation.

5. The Bureau of Transportation Planning and Services will consider the comment
received from the State Planning Office pertaining to the Annual Highway
Planning Program. The results of the review along with A-95 State Planning
Office communications and appropriate Department of Transportation comments
will then be submitted to the Federal Highway Administration.

Urban or Corridor Planning Studies
1. The Bureau of Transportation Planning and Services will inform the State
Planning Office of proposed urban or corridor planning studies, including the
Iepartment's plans to establish a study committee.

2. Within fourteen (14) days, the State Planning Office will advise the Bureau c
Transportation Planning and Services that they are interested in serving on

473

propose;cd study. conmmltt!ees or, not interested in :cry.lug on the 'roposed .study
conmlittee:; or, if studry eco::nittvne; are not pro)pos.cd, shall ind.icatto if they
are intorcsted in boinfg periodically inforeod on the pro[:ross of theo stud_
They shall also indicate the phases in planning devclolpont. in which thoy Wlc
prefer contact.

Biennial HiJghway Construction Program
1. The Bureau of Transportation Planning and Services will provide the State
Planning Office with a copy of the Department of Transportation's Biennial 1}igl
way Construction Program.

2. The State Planning Office will review the Biennial Highway Construction Prograr
and advise the Bureau of Transportation Planning and Services within thirty
(30) days of tboso projects in which they may have a potential interest.

3. The Bureau of Transportation Planning and Services will consider the comments
received from the State Planning Office pertaining to the Biennial Highway
Construction Program.

Project Dcvel ornrcnt

1. The Bureau of Transportation Planning and Services will provide all liaison
functions between the State Planning Office and the Department of Transportati4
The Department will provide the State Planning Office with a notice of the
beginning of preliminary engineering studies including a map of the study area
for all Federal-Aid projects, and State funded projects which exceed $200,e0.(
in total cost, and State projects involving more than one mluicipality.
notice of the beginning of preliminary engineering studies on Federal-Aid W
projects will indicate the level of action defined in the Action Plan proposed
for utilization in the development of the project.

2. The State Planning Office, upon receipt of the notice of preliminary engineerit
studies shall have thirty (30) days in which to conduct an initial review of t'
proposed project and to indicate if comments may be forthcoming. If the State
Planning Office does not respond within a thirty (30) day period after receipt
of the notification, it shall be assumed that no conmicnts shall be forthcoming
]lowever, the State Planning Office is encouraged to comment on the project's
proposed level of action.

3. Should the State Planning Office indicate to the Department of Transportation
that it may wish to comment, the Bureau of Transportation Planning and Service
will arrange for a discussion to resolve any questions or points of interest.

4. Procedures to Resolve Questions and Points of Interest --

(a) The State Planning Office will indicate to the Department of Trans-
portation their potential interest or concern, including suggested
points in project development where informal meetings should be held
to discuss the project.

(b) The Department of Transportation will notify the State Planning OffiS
when these specific points in project development identified as per
item (4a) above have been reached. An informal meeting will be hold
at the request of either party for each of the defined points of
interest.
474

(c) During the dlevelopment of tho project should the Dopartrent of Trans_
portation detormino that a change in level of action would be appropr
the State Planning Office will be notified of this decision and provi
an opportunity to comment on this changeo.

(d) The Department of Transportation, upon completion of preliminary desi
plans on projects where interest still exists, will contact the State
Planning Office to determine if personal contact is desirable at this
time and to determine future contact points during project developmen

5. The State, Planning Office will be notified if an Environmental Impact Stat
is required and, if so, an indication of the nature and extent of the envi
mental impact anticipated.

6. The State Planning Office will be advised of all informal public meetings
public hearings in order that they may be represented where there is a spe
interest.

7. The State Planning Office, upon receipt of the notice for an opportunity f
public hearing or formal public hearing shall have thirty (30) days in whi
to conduct a re-roview of the proposed project and to indicate if addition
comments may be forthcoming. This phase will be considered the beginning
final phase in the A-95 process. If the State Planning Office does not re
within a thirty (30) day period after receipt of this notification, it sha
assumed that no comments shall be forthcoming.

8. Should the State Planning Office indicate to the Department of Transportat
that additional comments may be forthcoming, the Bureau of Transportation
Planning and Services will arrange for a discussion to resolve these quest
of points of interest.

9. The Department of Transportation will advise the State Planning Office of
location and design approval by the Commissioner of Transportation.

10. The State Planning Office shall have thirty (30) days following receipt of
notice of location and design approval by the Commissioner of Transportati
submit formal comments to the Department of Transportation.

11. These comments and the results of the review for a Federal-Aid project wil
transmitted. to the Federal Highway Administration prior to contract advert

1III. This Memorandum of Understanding will be subject to review annually or at
request of either party.

This Memorandum of Understanding becomes effective after signature and afters he Governo:
appryeal of the Action Plan If -

W;itnesj' (__ -Davi II. Stevens, Comissioc
Dopirtment of Transportatio

i�tncea. /Phil, 1;.'. Savage, -irector
Statl Planning Office
41
Dates ht A'

475

JAMES B. LONGLEY
.cJVlrNOP

March 22, 1978

Robert Knecht, Assistant Administrator
Office of Coastal Zone Management
Department of Commerce
Page Building No. 1
3300 Whitehaven Street
Washington, D. C. 20235

Dear Bob:

The purpose of this letter is to assure you that i recognize the
Office of the Governor may be called upon to make the final decision
regarding major highway projects in the coastal area in light of the
goal and policies of Maine's Coastal Program.

To quote from Section i11 of the appendix to Maine's Program Pro-
posal,

"In the cases of all major transportation projects proposed
for the coastal area (as defined in Maine's Coastal Program)
where the State Planning Office's final position is that a
project is inconsistent with the standards of the core laws
of the Coastal Program and the Department of Transportation
believes the project is essential for transportation purposes,
the Governor's Office shall resolve whether or not the pro-
ject will proceed."

Very truly yours,

ames B. Longley
Governor

JBL;jpm
cc: Jean Childs, Chairperson
Comm. on Coastal Development & Conservation
Roger Mallar, Transportation Commissioner
Allen G. Pease, Director, State Planning Office

476

MEMORANDUM OF AGREEMENT

Under the Terms of this Agreement between the:

State Development Office, an agency within the Maine Executive Department,
hereafter referred to as the "S. D. O.," and the

Maine State Planning Office, a staff agency within the same Executive Department,
hereafter referred to as the "S.P.O."

it is hereby recognized that to help achieve the balance between
conservation and development interests that is necessary to fulfill
the basic goal of Maine's Coastal Program, it is in the best inter-
ests of the people of Maine for the S.D.O. and the S.P.O. to
cooperate and coordinate those activities that further that goal.
Towards this end, (and in furtherance of 5 M.R.S.A. I 7002.2D),
the

= S.D.O. agrees to continue to utilize, from the S.P.O., economic analyses and
data on the coast and its economy, with a view to making this available to interested
parties.

* S.P.O. agrees to provide the following information and services to the S.D.O. and
persons or corporations residing, or planning business ventures in Maine's coastal area:

- copies of relevant Maine Coastal Inventory resource maps,
- land capability maps,
- copies of S.P.O. planning, or economic reports that have relevance to
deve lopment proposa Is;
- advice on favorable locations or sites for specific types of commercial,
or industrial enterprises;
- information from the MIDAS computer inventory; and

� S.D.O. agrees to refer persons contemplating economic development activities in
the coastal area to the S.P.O. for the above advice. Such referrals, however,
shall be made only with the concurrence of the client.

Signed at Augusta, Maine, this

STATE DEVELOPMENT OFFICE STATE PLANNING OFFICE

Hadley A~s, Director Allen G. Pease, Director

477

MEMORANDUM OF AGREEMENT

Under the Terms of this Agreement between the:

Land Use Regulation Commission, a bureau of the State of Maine, Department
of Conservation, hereafter referred to as "LURC", and the

Maine State Planning Office, a staff agency within the Executive Department,
hereafter referred to as the "S.P.O.",

it is hereby recognized that in order to make those existing laws,
rules, and regulations that apply to the coastal area of Maine work
more effectively, and in order to strengthen the roles that both
agencies play in helping achieve a balance between conservation
and development, it is in the best interests of the people of Maine
for the LURC and S.P.O. to work together in the following ways:

* The LURC agrees to submit to the S.P.O. (Resource Planning Division) for review
and comment all those plans, reports, research documents and applications that,
in its judgment, are significant to the management of activities in the coastal area.
Such materials shall include, but will not necessarily be limited to: Revisions to
LURC's Comprehensive Plan, Land Use Districts and Stand jrds, Official Land Use
Guidance Maps, and applications for a permit that, by their characteristics would
qualify for review under the terms of the Site Location Act. LURC further agrees to
thoughtfully consider the comments, advice and information provided by the S.P.O.
in this connection.

* The S.P.O. agrees to provide the following information and services to the LURC
and persons or corporations residing or planning business ventures in those parts of
the coastal area in LURC's jurisdiction:

- Copies of all Maine Coastal Inventory resources maps that apply
to the Commission's jurisdiction
- Land capability maps
- Advice on favorable locations or sites for specific types of
commercial or industrial enterprises
- Information from the MIDAS computer inventory, and

* LURC agrees to utilize this mapping and inventory information as a guide in reviewing
applications and in determining land use districts.

* Furthermore both parties to this memorandum agree that, whereas the S.P.O. has
administrative responsibility for processing "consistency" findings submitted by federal
agencies or persons requiring federal permits or licenses in the coastal area, as specified
in the Appendix to Maine's Coastal Program and entitled "Federal Consistency Requirements,"
the LURC shall have primary responsibility for evaluating such proposals, submitted to it
by the S.P.O., and for reporting its findings to the S.P.O.

478

Memo of Agreement
page 2

* In addition, LURC agrees to consider all applications for siting facilities in its
jurisdiction that may be in the national interest. Furthermore, the agency recognizes
that there are facilities and resources that are in the national interest and is in agree-
ment with the statements relating thereto in the Appendix (El) of Maine's Coastal
Program.

Finally by this Agreement both parties reaffirm their commitment to continuing h0
carry out their respective roles under the provisions of the Mandatory Shoreland
Zoning Act.

Signed at Augusta, Maine, this ~ I ~ day of/4.~ 1978.

LAND USE REGULATION COMMISSION STATE PLANNING OFFICE

---Director: Kenneth Stratton Director: Allen G. Pease

479

MEMORANDUM QF AGREEMENT

Under the Terms of this Agreement between the:

Department of Envi ronmentalI Protection, hereafter referred to as the D. E. P .
and the

Maine State Planning Office, a staff agency within the Executive Department,
hereafter referred to as the "S. P. O.

it is hereby recognized that in order to make those existing
laws, rules, and regulations that apply to the coastal area
of Maine work more effectively, and in order to strengthen
the roles that both agencies play in helping achieve a bal-
ance between conservation and development, it is in the
best interests of the people of Maine for the DEP and SPO
to work together in the following ways:

* The DEP hereby agrees to submit to the SPO (Resource Planning Division) for
their review, information, and comment, all regulations and applications for Site
Location of Development permits that, in the opinion of the DEP, are of significance
in the coastal area. The DEP further agrees to take the SPO comments into careful
consideration when evaluating any such proposal.

*o By this agreement the SPO agrees to provide the following information and servicesW
to the DEP and persons or corporations residing, or planning business ventures in Maine's
coastal area:

- copies of relevant Maine Coastal Inventory resource maps,
- land capability maps,
- copies of SPO planning, or economic reports that have relevance
to development proposals;
- advice on favorable locations or sites for specific types of residential,
commercial, or industrial enterprises; and
- information from the MIDAS computer inventory.

The above information will be used by the DEP as a guide for assisting in reviewing
permit applications in the coastal area.

Further, the SPO will continue to make persons considering development in the coastal
area aware of, and familiar with, those laws administered by the DEP that most directly
affect them.

0 Furthermore both parties to this memorandum agree that, whereas the SPO has
administrative responsibility for processing "consistency" findings submitted by
federal agencies or persons requiring federal permits or licenses in the coastal area
as specified in the Appendix to Maine's Coastal Program and entitled "Federal Con-
sistency Requirements," the DEP shall have primary responsibility for evaluating such

480

Memo of Agreement
page 2

proposals submitted to it by the SPO, and for reporting its findings to the SPO.

* In addition, the DEP agrees to consider all applications for siting facilities in
its jurisdiction that may be in the national interest. Furthermore, the agency recog-
nizes that there are facilities and resources that are in the national interest and is
in agreement with the statements relating thereto in the Appendix (El ) of Maine's
Coastal Program.

* Finally by this agreement both parties reaffirm their commitment to carry out
their respective roles under the provisions of the Mandatory Shoreland Zoning Act.

Signed at Augusta, Maine on the .. day of4 /, 1978.

DEPARTMENT OF ENVIRONMENTAL
PROTECTION STATE PLANNING OFFICE

Henry E. Wa,171n, Commissioner Allen G. Pease, Director

481

CONSULTATION AND COORDINATION WITH, OTHER PLANNING

This section of the Appendix describes the procedure undertaken by the
State Planning Office to meet the requirement of Section 3O6(c)(2) of the Coastal
Zone Management Act of 1972 as amended, "Consultation and coordination with
other planning."

Using Section 305 financial support, the State Planning Office contracted
with each areawide planning agency (in Maine termed Regional or County Planning
Commissions, "RPCs") to contact each local government with zoning or other land-
use regulatory authority in their planning region and the designated Coastal Area.
Staff from each RPC contacted each local government in order to review plans and
related ordinances in effect on January 1, 1977. The review of plans was conducted
to make a general survey of the extent of land use planning and control exercised at
the local level throughout the Coastal Area, and in particular to identify conflicts with
the Section 306 Coastal Program being proposed by the State of Maine. This list was
updated by State Planning Office staff in July 1978.

The results of the survey are presented in the following set of tables. The
extent of various land use control ordinances in effect in the Coastal Area is displayed
for each local government within each planning region.

The survey shows that no conflicts between Maine's proposed Coastal Program
and plans in existence in coastal towns were identified by the Regional Planning is
Commissions.

Continuing consultation with the towns concerning the status of plans will
occur through the Regional Planning Commissions, who will be funded with 306 monies.

482

REGIONAL
PL.A.NING Planning State
COMMISSION Organization Town Enactec Ordinances Requirements

SOUTHERN
MAINE 0) 0
E c c
4) C
~~~~C C0) f y
uR f 0 0 0)
C . -r '-3 C v n
C0) D�0)
o~ 00 On � - L. o2 au o~ 0 oj 0ib
uu U 0 a- ~O ~ ~ 5O vi O 0 t- o
1 O r0 :7u 2U LLOHN Cl
Arundel i*I.I*I I I l i.; I
Biddeford * I. I .
Eliot
Kennebunk .
Kennebunkport I*i*i* I. 4i
Kittery *
Old Orchard �~� r r
-Saco I * I i
.South Berwick * * *
Wells . I I
York .

Legend: + Lan-i Ue Regulation Commission (LURC) jurisdiction Sourcc; State Planning Office files and
o In effect January, 1978, or later correspondence with Regional
* Po'crntial conflict with proposed 306 Program Planning Commissions and towns.

REGIONAL
P LAN NING Flanniing State
COMMISS!0ON- Organization Town Enacted Ordinances lRequirem ents

CUMBERLAND/* -
GREATER PORTLAND -0
COUNCIL OF 1
GOVERNMENTS N c N E

.~~~~~~~c -P -. 0U >0 -0 2 O~

ICape Elizabeth 1. ._ *_IV~rj
JCumberland no1 *
'Falmouth _ _ _ . 1
Freeport 9e. .... *i .
Portland J* 1* I* * ~ ~
co Scarborough * * j *. ~ * _
SouthPortland .1 * ** **' .I
Yarmouth*f . *.i1iI

Legend; -f Lar-d Use Regulation Commission (LURC) jurisdiction Sourcco. State Planning Office files and
o In r'ffect January, 1978, or later correspondence with Reg~omL
*Po: zntial conflict with proposed 306 Progra* Planning Commissions and ~S.

REGIONAL
P LA NN1I NG P!onning$ ce
COMMISSION 0i-ganization Town Enacted Ordinances Requ rem ents

SOUTHERN M-0 0) 0
KENNEBEC E
VALLEY C0 0 I

a ~ ~ t *0 C

G~~irdllner ~ ~ a a- *i0 A 0 _v I* Ln C

Hallowell a_ to e & e .e
Pittston 10 0
Randolph'SI ._
Richmond to1.a

I In efc Jauay 1981o aeIorsodnewt eoa
P'_rifa cofictwt rpsd36PormPann oiiisos dtws

R EGIOy NA L
PLAN NING Planning Stfate
COMMISSION Organization Town Enacled Ordinances Requirem ents

SOUTHERN _(~0
MID-COAST _z -0 a)N
.2~~~~~~~ 'n
u~~~~~~~~~~~~0 0.
ci ~~~~>o ..a i)0
*-~~~ ~ ~~E ~~ CE ~~~.E o.E ~~~ -o~~0 :
_R 005 ID~
0)~~ -0 i- 0~~~ ~2Q z~~O ~~O ~0 -~~u 0 E I) C) O
n~~~~~~~U~C O0 D. -50 ) Ln

AmaI l*no I I i 1.
IArrowsic 1 1I* I D e 1 1 1 U _E
IBath I* 9 ~. C G . * . .
lBoothbay . .1. .*
IBoothbay Harbor Ie * l . . 1 '.
Bowdoinhczm * ~~* * 1 1 1 1 1
Bremen P1 I .pl
Bristol 40 . i *
~'Brunswick .1 *.1 * I
Darnariscotta * 1.
Dresden --F* i.1 1
Edgecomb * 1l t
Georcgetown 9. 1*I *
Harpswell * 1 I*
Monhe~gan 4 a~-_I
Newcastle .1 l . .

I'edrkis IFWP 4.I____
Phippsburg ** 1. .
South Bristol I*IIV

Legend: + Laind Use Regulation Commission (LURC) jurisdiction Sourcc: State Plcinning Office files and
a In c.~ffcct Januaryl 1978, or later correspondence with Regional
*Po! -ntial conflict with proposed 306 Progra@ Planning Cormmissions and * S.

REGIONAL
PLANNING ?lor~ning State
COMMISSION Organization Town Enacted Ordinances Requinrem ents

0) 0 0~~~~C) 0S)0
SOUTH ERN *= E I
MID-COAST 0 0
(continued) 0 all

JE 1E- 0
' 0 - IL: ~n C C y~i o 0
U U U 00 n o C) - -0C C) (z O LLg)

Southport1.*I *p e1.
I~o l* *E Ec * *j .1. *: 1:

Topsham I ___
Waldoboro t _
West Bath . * * *I
Westport 1
Wiscasset .1
"0 Woolwich _ 40 *

Legend. Land Use Regulation Commission 'LURC jridctonSur,::StlePlnin Ofcefie cr,-
Legend; Il I Inr\ . ,__l�_L�~~~~-- Sourc~~: State Planning Office Files orI I

o In cffect January, 1978, or later correspondence with Regional
L PoeLntial conflict with proposed 306 Program Planning Commissions and towns.

REGIONAL
PLANNING Planrning $tate
COMMISSION Organization Town Enacted Ordinances Requirements

EASTERN c-
MIDCOAST a :1)
0 0~~~
CL o N N E 0)a
0)~~~~~~~~~~~~~~~~~~~~~~~~~

Ij 2 ij C) 6O C)O V-) C) U: OjI N C
'' ?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~UC C ) 1

CRlamd en * .1 1 1i I li
Cushina 4 * 0
[Camden I I
FriendshiD i - 1. *
i Islesboro' I I @ .1
Lincoinville 1 I i 1 I I -
Matinicus I _
North Haven C C I
Northport O1 i * .1
Owls Head 4i 1 * .
Rockland * * * * . .1
Rockport O * . *
South Thomaston * * I ____
St. George * . * I *
Thomaston P * I . . . I0
Vinalhaven O O . C I
Warren * * * I

Legend: + Land Use Regulation Commission (LURC) jurisdiction Sourer: State Planning Office files and
o In affect January, 1978, or later correspondence with Regional
* Po:.'ntial conflict with proposed 306 Prog~ra Planning Commissions and - wns.

REGIONAL
PLANNING Planninq Stote
COMMISSION Organization Town Enacted Ordinances Requirements

PEN OBSCOT 1
VALLEY 0 -< � I _
-v2~~~~~~~~~~. 1 00.
3 o fl~~~~~~~~~~~~~~~~~~~~~~~~~~~~3_
2-) U a,) 0u ..u I:u 01 u It.O
0- > 0t0 >0 C) 0) 0 0
o E- co - E ~U OC --
~,' 0 00 0D ~E o"~ 0~ o 00 _r 2
O C) V; d V
~~Uu Q.. IO U00 10 ~-O ~iO �~ nV ~u. V5 N LI~

Banaor 0
Brewer Iei e I e . e q i f _
Frankfort I I I I I
Hampden t * * *I I e i S i I
Orrington I I . . _____
D Prospect l 0I .
Searsport . 0 . 1 * e I _ I
Stockton Springs . * * _*
Winterport I * I I I I I 1* i

Legend. + Lar-I~ Use Regulation Commission (LUKC) jurisdiction Sourccci State Planning Office files crid
o in :Ffect January, 1978, or later correspondence with Rejional
* Po7.-n~tial conflict witIh proposed 306 Program Planning Commissions and towns.

PLANNING Planning State
COMMISSION Organization Town Enacted Ordinances Requiren ents

1)
HANCOCK C < 0)
COUNTY N N c 0)
>~~~ -
r o r N N ~ E 0
0 .) 0 0)0
0) _. NU 00i .2o ~
In cn U UC)Ln0 V:1 C C) LL Ln af

EBar Harbor 0 0 '

[Brooklmn KI
Brooksville I.1 1I
I I

Bucksport 4~* 1
ICastine .1.1 0 Oi * *
Cranberry Isles *0I
ls~e 6 alDeer Isle
0 Ellsworth CI .1 * .
Franklin *
Gouldsboro do*I
Hancock & A *
Isle au Haut
Lamoine 0 d 0 I * I _
Long Island Pit. 4- t
MountDesert
Orland .1. 0 * @
Penobscot ft .
Sedgewick 0.. .
lsorrento - I * *I I

Lecjend: + Land Use Regulation Commission (LURC) jurisdiction Source: Statre Planning Office files and
o In offect January, 1 978, or later correspondence with Regional
40 * Potential conflict with prpoe 3
Le~en: + and se Rgulprop ommsedn(UC jrsit rrore: rwt Planning Commisson anclrs

PLANNING Planning State
COMMISSION Organization Town Enacted Ordinances Requirements

0*OC N N C E a

c o 0C
QO 00 0 0
c: a ` O '2 C zCI ) (D C) C) 0

SouthwestHarbor I .1
~Stonington I * **IIi
ISul livan _ I lI* II
ISurryIc*0I @I
ISwans Island I **I
ITremont 10I
10 Trenton p*
~T7 SD'1_ _
T8 SD
T9 SD 1
T]1O SD
Verona a C 0 * *I.
Winter Harbor p * * * *
Iwn Isan

Tremonf�~~~ I __I

Legend: + Land, Use Regulation Commission (LURC) jurisdiction Sourcc, Sta~e Planning Office files and
o In cffect January, 1978, or later correspondence with Regional
*Po-.cntiaJ conflict with proposed 306 Program Planning Commissions and towns.

REGIONAL
PLANNING Planning State
COMMISSION Organization Town Enacted Ordinances Requirements

WASHINGTON C E
COUNTY <I> 0
0 ~ ~~ O C
C ~ >
CD C 3 r a

E~~ ~ ~~~~~~~ 0 0000 D~
oUQ) UU VU 0LO ~ ZO C) (D (D I u .. Of V n;�

A~dd~ison . . *
Beals ** 1*j
Calais 001
Centerville I IIII I.
Cherryfield dwI IIIII __I *
.~. Columbia * I tel
r~ Columbia Falls I I 1 I
Cutler ___. . ~ . I J e e
Dennysville ** 'c .1
East Machias
Eastport_
Edmunds +
Harrington i __ I _ 1.2
Jonesboro * I I * e I I
Jonesport I I I I * I .1
Lubec * I.
Machias 0 * . * d c l
Machiasport * I I i
Marion -
Marshfield I * I

Legend: + La!,d Use Regulation Commission (LURC) jurisdiction Source: State Planning Office files and
0 In Pffect January, 1978, or later correspondence with Regional
* Po!.-ntial conflict with proposed 306 Progro. Planning Commissions and enS.

REGO1 0NA L
PLANNING PIanning State
COMMISSION Organization Town Enacted Ordinances Requirements

WASHINGTON
COUNTY C o
0~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~. cov)0
0> 2~~~~~~~~~~~~~~~~~~~~~~

U ~ ~ J U OU *a2 OL V) 000 N

Milbridae 0 @1 1I *f
Perrv I II@ ~
Pembroke II*iII
Robbinston 1I@* 1
Roque Bluffs I 0. *' *
Steuben .1*i *lIL
Trescott I
Wvhitnag dp. .1I II
Whitneyv__S I I jIll___

Leed ai s eulto omsin(U_)j r sito orc S tePlningOfc.ie n
o~~~~~~~~~~ in Ifc J auay 1 98 rltrcrepnec i thReio
_______~~;~nia c oflc wt_ pIpoe 30 Prga lni n gC.rmsin n o

Plans, Other than Local Plans, in Effect on January 1, 1978:

Section 925.42 of the Coastal Zone Management "Notice of Final Rulemaking"
requires an identification of plans in effect, a listing of contacts made with tiose respon-
sible for the plans, documentation of possible conflicts between those plans and Maine's
Coastal Program, and a description of how continuing coordination will be accomplished.
Appendix H3a answers these requirements with regard to local plans.

The Technical Advisory Committee (TAC) (see G ) provides the basic vehicle
for coordination between the State Planning Office and other entities undertaking or
carrying out plans. Representatives of most state agencies involved in planning that
may affect the coast sit on this 44 member committee as do the directors of all the
coastal Regional Planning Commissions. The TAC will continue to assist the Committee
on Coastal Development and Conservation on an ongoing basis, in monitoring the develop-
ment and implementation of the Coastal Program. Thus continuing opportunity is afforded
the TAC (and the entities they represent) to voice objections to any possible conflicts.

Those persons responsible for coordinating the State's 208 (water quality), and
State Comprehensive Outdoor Recreation Plans sit on the TAC. No objections or con-
flicts between the Coastal Program and these or other plans under the authority of the Q
agencies represented on the TAC have been identified at meetings or elsewhere.

The Land Use Regulation Commission has notified the State Planning Office
that there is no conflict between its Comprehensive Plan and the Coastal Program.
(See next page.)

Finally, no conflict with other plans is at all likely since Maine's Coastal
Program incorporates existing laws as its foundation. Plans in conflict with existing
state laws are not useable or acceptable.

494

STATE OF MAINE
Inter-Departmental Memorandum r:.' Auqust 1, 1978
To R. Alec Giffen, Supervisor . / Dept. Natural Resource Planning Div., SPO
*F roam Kenneth Stratton, Director j'/ Dept L. U. R. C.

Subject Possible Conflicts Between L'I's Comprehensive Plan and Maine's Coastal Program

We have reviewed your Draft Environmental Impact Statement issued in April, 1978, to
determine if there are any areas of conflict between it and our Comprehensive Land Use
Plan of September 17, 1976,

In our opinion the Program fairly describes this agency, its duties, and authorities. By
adopting the LURC statute, the Land Use Plan, and the Rules and Regulations promulgated
by the Commission for those parts of our jurisdiction in the coastal area, the Coastal
Program document helps reinforce our planning effort. We see no conflicts between the
two documents referred to above.

ks:j

495

STATE OF MAINE
ORGANIZATION CHART OF STATE GOVERNMENT
Based on Elechive or Appointive Line of Authority

Major State Agencies

CITIZENS

Fr - - - - - GOVERNOR

JUDICIAL DEPARTMENT EXECUTIVE DEPARTMENT LEGISLATIVE DEPARTMENT
0:...t it. C-- ult~ul 0 E-J,
Otirce or tM Goevrnru Orivez ei Evu~
Olive at Fedeal Sidie R--,0e

isun~ Firhes & FI~7" ReourceslarE*hr in, Health &dr II Salet'l~L�I_ Iull l
I I l i i i~~~~~~~~~~llu I(Xsl~rectnnl 111
"'t.. I 0111- .1 St E.VklP- C= -

Agiculture B it lwssu: CLnnWIIall\n Defenise E f in-eel * al I Envvonr al wanra H nnunt B"I
.1tilatioll Vterans r-talual Protectn
Services Services

i 4 f~ Fdmn~ntl~ Pntnil tnnnctrs
I DIfagrae) Marin e Mcrlalonsrshipel Nu trah@ or oC amno
klffams Filkl'lk-s & Altrs e, Resoufces Health & Salely
wildlife C o r I I I Crections

MISCELLANEOUS BOARDS & COMMISSIONS QUASIAINDEPENDENT AGENCIES

't- A.1" co,-mrw SW10 Flo*" 6 Ap ~-15 9Bd W.C.a S1.1. M 1, AlW-y W..ZIIl~ta uml
A,,lalcir C.,-,lru smpw L.11ny C--- W- H-.ra -aulJ Put-uy W- h.11tutall

W- S NI. Wt-rm~l Sot-t

e~�Diagram Ifor a description of the relationship of the enor' dior omteeo ostlDvlpmn n1

Diagrammatic Representation of the Relationship of the Committee on Coastal
Development and Conservation to the State Plannine Office, the State Executive
Department Agency Responsible for Developing and Administering Maine's Coastal
Program.

A
Governor
N
\
/

D B
C.C.D. &C. Citizen

'S~~ck
IN
N~~~~

A. For a description of the Governor's Executive Order creating the C. C. D. &C.
refer to Appendix F.

B. For a summary of the role of citizen participation in shaping Maine's Coastal Plan-
ning Program see Appendix F5.

C. For a description of State Planning Office functions refer to Section 9.3.

D. For an explanation of C.C. D. &C. functions see Section 9.2.

497

STATE OF MAIN�E -A, r1 3

Inter-Departmental Memorandum Datc. May 5. 1978

To Alec Giffen _____ Dept. State PlanninR Office

From Earle G. Shettleworth, Jr., S_ ic Dept. Historic Preservation Commission
Pres Officer
Subject Maine's Proposal for 306 Program Approval _ _ _ _

In response to your recent request, I have reviewed Maine's Proposal for 306 Pro-
gram Approval. This proposal satisfactorily addresses the area of Historic Preserva-
tion, and encourages the continued close cd-operation between the Maine Historic Pres-
ervation Commission and the State Planning Office's Critical Areas and Coastal Zone
Management Programs.

Therefore, this proposal will have no effect upon any structure or site of historic
architectural, or archaeological significance as defined by the National Historic Pres-
ervation Act of 1966.

If you have any questions concerning this matter, please do not hesitate to contact
me.