Protecting prime sites for water dependent uses

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

PROTECTING PRIME SITES
FOR WATER DEPENDENTUSES

a,
2

The State Planning Office
and
TC Department of Economic and Community Development
330
P76 March,1989
1989

ACKNOWLEDGMENTS

This report was prepared by Christopher Hamilton of the Maine State P lanning Office and Kirk Schlemmer of the Office of Comprehensive Plan-
ning, Department of Economic and Community Development. The water dependent use maps were prepared by Tina Moyland and Christopher
Hamilton. Invaluable assistance was provided by coastal planning boards, harbor masters, town managers, selectmen, commercial fishermen, and con-
cerned citizens. Brian Dancause, David Keeley, Tina Moyland, and Katrina Van Dusen of the State Planning Office and Josie Quintrell and Francine
Rudolf of the Department of Economic and Community Development also provided many hours of assistance. Alison Rieser, Director of the Marine
Law Institute at the University of Maine Law School, also provided thoughtful comments and advice. Administrative Support was provided by Aline
Lachance, Betty Cummings, Wendy Haley, Nancy Valley, and Debbie Atwood and Lana Clough. The illustrations are by Ba Rea.

Financial Assistance for this project was provided by the Maine Coastal Program, through funding provided by the U.S. Department
o Commerce, Office of Occanand Coastal Resource Management, under the Coastal Zone Management Act of 1972, as amended.

PROTECTING PRIME SITES FORWATER DEPENDENT USES

TABLE OF CONTENTS

Introduction
..,.Page
... ... . . . . . .
What Is a Water Dependent. Use ........ .. pGe .
age 2q8
The Mapping Project....
Availableto aps.1p f M
P
age,
Using the Water Dependent Use qaps..1111-11 .... I IP
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Management.questions. ......... P 6qe61p Regulatory Techniques.. 8qP
2qage
Non-Regulatory Techniques ................................. Page 12

Box-A..... ........ ...................
Box B..... .................. Page 10
Appendix A .............
Appendix B.................... Page 15 . .... ....

Property of CSC :8qL
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U-S. DEPARTMENT OF COMMERCE NOAA
COASTAL SERVICES CENTER
224 SOUTH HOBSON AVENUE
CHARLESTON SC 29405-2413

INTRODUCTION

Maine's coastline is over 3,500 miles long, yet les 't-han 5 @ppercen Policy 1 - To promote the maintenance, development, and
has sufficiently deep and sheltered water to provide n revitalization of the state's ports and harbors for fishing, trAnsporta-
tional areas for Maine's marine industries. Of the approximately 175 tion, and recreation.
miles that are suitable for working waterfront activities, more than
half are already occupied by a variety-of residential, commercial, and Policy #3 - Support shoreline management that gives preference
industrial uses. Moreover, during the past 10 years, growth pressures to water dependent uses over other uses; that promotes public access
and rising real estate values have provided incentives for the conver- to the shoreline; and that considers the cumulative effects of develop-
sion of vacant properties and structures and boatyards that supported ment on coastal resources.
maritime industries to housing, professional offices, and other types of
land use activities that do not require a waterfront location. To help communities implement these policies, the Legislature
also amended the Shoreland Zoning statute to encourage
Many coastal communities are concerned about the loss of tradi- municipalities to establish districts, under local zoning ordinances,
tional "water dependent" activities along their waterfronts and con- that give preference to water dependent uses.
flicts arising between new waterfront development, such as
apartments or restaurants and marine industries. For instance, the In 1989, Maine's communities began developing comprehensive
noises and smells associated with commercial fishing activities are plans and implementation programs under the Comprehensive Plan-
often not welcomed by owners of adjacent residential properties. Ad- ning and Land Use Regulation Act of 1988. Coastal cities and towns
ditional pressures are created as commercial fishermen and increas- are required to ensure that local plans and implementation programs
ing numbers of recreational boaters are forced to compete for limited are consistent with the Coastal Policies and ten state goals specified by
moorings and docking space in busy harbors. the Act. One of these goals, echoing the concerns addressed by the
Coastal Policies, directs municipalities to, "protect the state's marine
Strong local support for protecting traditional waterfront ac- resources industry, ports, and harbors from incompatible development
tivities led to enactment of Maine's Coastal Policies in 1986 by the and to promote access to the shore for commercial fishermen and the
Legislature. The nine Coastal Policies, listed in Appendix B, cover a public."
wide range of topics affecting the use and management of coastal
resources. Under this law, State and municipal actions affecting coas- As a first step, to assist communities interested in protecting water
tal areas - regulatory, funding, and planning - are required to be con- dependent uses, the State Planning Office (SPO) has prepared maps
sistent with the Coastal Policies. Two of the Coastal Policies are that show existing and prime water dependent use sites in all coastal
particularly relevant to the protection of water dependent uses: cities and towns. The following discussion explains how these maps
were prepared and provides suggestions for using the maps as local
.plans and implementation programs are developed. Development of

Page I

these water dependent use maps is part of a more comprehensive ef-
fort by SPO and the Office of Comprehensive Planning in the Depart-
ment of Economic and Community Development to help communities
improve local management of coastal resources. A new publication en-
titled, Coastal Management Technj@ueso A Handbook-for Local Offi-
dals, presents a fuller discussion of waterfront and harbor planning
and management issues. The Handbook, available from the Office of
Comprehensive Planning and coastal regional councils, contains
several examples of local actions and ordinances designed to protect
water dependent uses.

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navigation aides, basins and channels, industrial uses dependent upon
WHAT IS A WATER water-borne transportation or requiring large volumes of cooling or
processing water that can not reasonably be located or operated at an
DEPENDENT USE? inland site and uses which primarily provide general public access to
marine or tidal waters (38 MRSA 436 [I-D]).

A water dependent use is one that must have direct access to the As communities initiate harbor and waterfront planning a c*tivities,
water in order to function. Other uses, such as restaurants, profes- def ming what is meant by the term "water dependent use" will be im-
sional offices, and condominiums, may be enhanced by a waterfront portant. Communities may choose to adopt the state definition above
location but do not require one. Maine law defines functional water de- or develop one that is more tailored to reflect local needs and cir-
pendent uses as; curnstances. In some instances, it may be necessary to distinguish
"water dependent uses" from "water related uses". A water related use
... those uses that require for their primary purpose, location on is one which is not intrinsically dependent on a waterfront location but
submerged lands or that require direct access to, or location in coastal whose operation benefits economically from a shoreline location. Ex-
waters and which therefore cannot be located away from these waters. amples are marine electronics sales and repair establishments, marine
Those uses include, but are not limited to, commercial and recreation- refrigeration and plumbing establishments, and boat rigging estab-
al fishing and boating facilities, finfish and shellfish processing, lisliments. Generally, definitions that list specific uses instead of using
storage, and retail and wholesale m 'arketing facilities, waterfront dock broad open-ended descriptions will be easier to interpret and ad-
and port facilities, shipyards and boat building facilities, marinas, minister. It also may be necessary to define key terms such as marinas,
marine-related offices or restaurants which may have broad interpreta-
tions unless they can be delineated.

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THE MAPPING PROJECT
i`@.'rn-e' _x-@ce-
._.wind a!@@ !eas year round
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particularly suitable for water dependent uses. Suitable sites, charac-
The goal of this mapping project is to identify coastal areas that are

terized by special physical features described below, are important average landside slope of 15 percent or less
natural resources along Maine's coastline. T14E SITES DESIG- of water within 5 fe" to 250 feet back from the hi h t1d k
NATED ON THE MAPS DO NOTHAVE FIXED BOUNDARIES, of shore at mean low water
BUT AR E MEANT TO H IG HLIGHT G ENERAL AREAS THAT
ARE SUITED FOR WATER DEPENDENT ACTIVITIES. Conse- Physical Criteria Required nf the Prime Sites
quently, communities are encouraged to supplement these maps with
more detailed inventories and assessments that meet local needs. Sug-
gestions for additional data collection efforts are outlined below.

For the purposes of this project, areas ideally suited to support The actual mapping process consisted of the following steps:
water dependent uses include those meeting the following three
criteria: To identify suitable land slopes, areas within the 40 foot con-
tour line on United States Geological Survey topographic quad-
1) Land Slope: less than 15% slope within 250 feet of the shore; rangles (1:2400) were shaded. The 40 foot contour was deter-
mined using the formula for slope (rise/run); thus, a 15% slope
2) Water Depth: at least 5 feet within 150 of the shore at mean low means no greater than a 37.5 foot incline over a distance of 250
water; and, feet.
* To identify areas with suitable water depth, the line 150 feet
3) Protection: generally sheltered from excessive wind and seas from the shore was marked on National Oceanographic and At-
year round. mospheric Administration (NOAA) nautical charts. Then, if
the 150 foot line was at, or greater than, the six-foot depth con-
Each of the three criteria was mapped separately, then the sites tour line, the area was shaded as an acceptable depth.
that overlapped were designated as potentially prime sites. Existing 9 To identify areas suitably protected, the NOAA charts and
water dependent use sites (not necessarily "prime" sites) were also local knowledge of the coastline were used. This aspect of the
mapped to serve as a point of reference. A draft map was sent to town mapping process relied most heavily on local review.
and city officials so that the prime sites could be verified. After incor-
porating local comments, the final site selections were made.

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AVAILABILITY AND DESCRIPTION OF MAPS begin to identify those areas where water dependent use activities
should be encouraged. Similarly, the maps should be helpful for coas-
Two types of maps are available to each coastal municipality. tal Fities and towns undertaking more detailed harbor and waterfront
These maps include a single copy of a large scale (1:12,000) blueline management plans. In other cases, communities updating or amending
map and several copies of a small scale (1:48,000) map. Figure I is an local shorcland zoning ordinances may be able to use the maps to iden-
example of a small map. tify appropriate locations for special districts that protect water de-
pendent uses.
The maps identify those sites that are considered particularly In each of these cases, however, communities will need to collect
prime" for water dependent uses with small square symbols. In addi- and analyze other types of information. Other factors that should be
tion, the maps identify existing water dependent uses with arrows. considered include the following:
The large map, which offers more detail, can be used at public Existing and Surrounding Land Uses. Adding existing waterfront
meetings or during planning sessions. The smaller one is inexpensive land use patterns (e.g. residential, recreational, commercial) to the
to reproduce and can be handed out at meetings or to the general water dependent use maps will help communities further define the
public. most appropriate areas to reserve for water dependent activities. Com-
munities are likely to be most concerned about protecting waterfront
USING THE WATER DEPENDENT USE areas that presently support water dependent uses, whether or not they
are mapped as "prime" sites. Additionally, vacant or under utilized
MAPS properties adjacent to prime water dependent use sites pose valuable
opportunities. Conversely, waterfront land that is already used for or is
The most important information provided by these maps is the near an incompatible use, such as a residential development, will be
location of prime water dependent use sites using the three natural less desirable to reserve for water dependent uses.
conditions described above. Clearly, however, these criteria are not
the only factors that determine suitable locations for water dependent Overland Transportation. Identifying existing or planned roads
activities. Indeed, as noted above, many existing water dependent use and rail lines that connect a waterfront area with regional or national
sites are not identified as "prime" sites for this project, but are impor- transportation systems may also be important factors. Some water de-
tant sites. pendent uses, such as cargo handling facilities, are dependent on over-
land transportation to the site particularly good roads. Railroads may
The maps are intended to serve as a starting point for local boards be required or desirable for some types of water dependent uses.
or committees concerned about waterfront and harbor management is-
sues. For example, tinder Maine's new Comprehensive Planning law, Availability or Public Services and Utilities. Some water depend-
coastal communities are required to set local policies and develop im- ent uses may require municipal services such as sewerage systems,
plementation strategies aimed at the protection of water dependent water supply and distribution systems, and solid waste collection and
uses. It is anticipated that these maps will be helpful as communities disposal systems. The availability of parking areas may also be impor-

PCYge 4

Water Dependent Use mapping initiative POlPJ7- CASTINE
Maine State Planning Office

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ASTIN6

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Map Scale: 1:48,000
_17- :j The sites designated on this map do not
15111111111@" have fixed boundaries but are meant to
0 4000 8000 DICE highlight areas which are prime for water.
dependent uses. The Information may not
be exact and should be field checked. For
LE GEND additional Information contact your local
PRIME SITE FOR WATER-DEPENDENT USE CA town officials o-r the State Planning Office
14
EXISTING WATER-DEPENDENT USE
t FIGURE 1

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tant for certain water dependent businesses and industries. Additional-
ly, the existence of a town-owned wharf or boat launching facility can
serve as a focal point for water dependent activities.

Environmental Impacts. Some sites may be on or near wetlands, im-
portant aquifers, wildlife and shellfish habitat, or other environmentally'
sensitive areas. Federal, State, and local environmental regulations and
other development constraints may limit the suitability of some sites for
intensive commercial or recreational activity.

Access to the Open Sea. Some sites may be cut off from the open
sea by ledges or tidal flats.
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I F
MANNAG.EMENT OPTIONS A variety of both regulatory and non-regulatory implementation
Protecting water dependent uses is usually only one of several techniques can be used by communities to manage waterfront areas
waterfront and harbor issues facing coastal communities. Other con- and protect water dependent uses. A successful strategy is likely to in-
cerns often include managing limited docking and mooring space, en- corporate more than one technique. For example, a municipality may
suring adequate public water access sites and facilities, and coping with choose to establish zoning requirements that favor water dependent
insufficient parking and related traffic problems during the summer uses as well as acquire land for the development of a dock and parking
months. area that can be used by local fishermen. Several important techniques
are described briefly below; however, local officials are encouraged to
Too often, crisis situations and unexpected circumstances, such as review more detailed information and examples presented in Coastal
the sale of a prime waterfront lot, require local officials to act without Management Techniqueso A Handbook for Local Officials - and obtain
guidance from a community plan or a set of policies. Ideally, concerns planning assistance from your regional council or the Office of Com-
and problems related to waterfront and harbor areas should be iden- prehensive Planning. Additonally, a new publication, Managing The
tified and addressed as part of an overall shoreline management plan Shoreline for Water Dependent Uses: A Handbook of LegaLTDDL,
or a community's comprehensive plan. Goals and policies determined prepared by the Marine Law Institute at the University of Maine
by a broad-based planning process can guide future decisions related School of Law for the Maine Coastal Program, contains valuable infor-
to zoning, land acquisitions, and capital improvements. An outline of mation on legal issues and techniques related to the protection of
the basic steps involved in the waterfront/harbor planning process is water dependent uses. Copies of both handbooks are available from
presented in BOX A. the Office of Comprehensive Planning.

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BOX A
OVERVIEW OF WATERFRONT/HARBOR PLANNING PROCESS

STEP ONE: Establish a Waterfront/Harbor Committee boaters, waterfront business, etc.) is important. At the
The Committee should failry represent the major same time, key issues concerning waterfront and harbor
waterfront users and those directly affected by the plan areas (e.g. lack of parking, overcrowding at the town land-
The community can choose to establish a permanent com- ing, conflicts between water dependent activities and other
mittee (to author a plan and manage long-term land uses) should be clearly and objectively identified by
waterfront/harbor needs) or a temporary committee (to the committee.
develop a plan and propose implementation recommenda- STEP FIVE: Develop Goals and Policies
tions to the community). In either case, the Board of Community goals and policies emerge from an under-
Selectmen or Town/City Council should officially designate standing of existing resources, community needs present
a body responsible for plan development. and future, and local problems and concerns. The purpose
STEP TWO: Design a Public Participation Program of establishing goals and policies is to broadly identify how
Most often, plans are successfully adopted and imple- the community would like to use and manage its waterfront
mented when the public is engaged in their development. and harbor areas in the future.
However, effective public participation involves more than STEP SIX: Design and Implement a Strategy
just holding hearings. The committee should design a This part of the process involves the development of an
broad-based public participation process utilizing a variety appropriate strategy to implement the community's goals
of techniques, such as public forums, citizen surveys, press and policies. The committee should carefully examine a
coverage, and special events. Public participation should variety of tools and techniques, including regulatory
occur throughout the planning process. measures, land acquisition, capital improvements, and
STEP THREE: Inventory Resources public education. The stratevy should contain an im-
Identifying both the natural (e.g. shellfish ares, ledge out- plementation timetable and an assignment of specific
crops) and physical resources (e.g. waterfront land use and responsibilities to local boards, committees, or officials. At
ownership status, piers, wharves) within the waterfront/har- this stage, public participation is critical since actual impact
bor area is an important part of the planning process. An on various interests can be gauged.
initial identification of the most pressing issues will help to STEP SEVEN: Evaluate the Plan
determine the scope of the inventory. The information The final step in the planning process involves examining
gathered will be used by the community to analyze specific the effectiveness of the plan - what worked and what didn't
questions regarding the present and future uses of the work. By doing this analysis, the community can take ap-
waterfront and harbor. propriate corrective measures. Successful aspects of the
STEP FOUR: Analyze Needs and Identify Issues plan can also be highlighted and shared with other com-
Using the inventory data colelcted by the Committee, the munities facing similar problems.
current and future waterfront/harbor needs of the com-
munity and the adequacy of existing facilities to meet those
needs should be assessed. Considering the interests of all
user groups (e.g. commercial fishermen, recreational

Page 7

Regulatory Techniques trict. For instance, permitted uses could be restricted to specific types,
such as commercial fishing and related activities (e.g. ice, bait and fuel
vendors, retail and wholesale marketing facilities, etc.). This type of
limitation may be appropriate where berthing of commercial fishing
Zoning is a common tool used by municipalities to regulate land vessels is threatened by encroaching marina operations designed for
use. Communities can adopt zoning ordinances containing districts recreational use. Alternatively, commercial fishing could be favored by
which favor or require water dependent uses. These districts can range limiting the size of other types of water dependent activities. For ex-
from 9Ljf[ Water Dependent Use Districts to ones which allow a mix- ample, marinas could have limitations on the maximum number of slips
L= of uses. However, it is important to keep in mind that Maine law they offer for recreational boats. However, it is important to insure
requires that each municipal zoning ordinance be based on a com- that all uses which are necessary to the proper functioning of a working
prehensive plan. Thus, communities interested in waterfront zoning waterfront are included in a Water Dependent Use District. Some
should first be sure that local planning goals and policies support such water related uses, such as ice making, are necessary for fish process-
an initiative. ing and transportation.

As a community begins designing a Water Dependent Use Dis- The Department of Environmental Protection has prepared
trict, the answers to the questions listed in BOX 11 can help municipal LiQn2j ordinance language for a Maritime District as part of the 1989
planning committees determine appropriate types of uses given local revision of the Model Municipal Shoreland Zoning Ordinance. The
concerns and conditions. Often, communities find that more than one "model" Maritime District, developed by an advisory committee that in-
Water Dependent Use District is needed to accommodate different cluded representatives of marine industries, should be a useful guide
sections and characteristics of the waterfront or shoreline, as well as in- for communities considering the establishment of such a district.
compatible water dependent activities.
Mixed Use Districts.
Strict Water Dependent Use Districts. Some communities may determine that allowing mixed uses in
Communities should consider adoption of strict Water Dependent Water Dependent Use Districts is appropriate. In some cases, the ex-
Use Districts for areas containing vital traditional commercial fishing penses associated with operating marine businesses and industries can
businesses and industries. The noises, smells and general intensity of be offset by leasing or selling portions of buildings or land areas to non-
these industries make their coexistence in close proximity with certain water dependent uses. Allowing mixed uses can also contribute to year-
other land uses very difficult. Once certain non-water dependent uses, round economic activity in a waterfront area. However, taking the time
such its offices and condominiums, are established near fishery opera- to identify appropriate non-water dependent uses that should be per-
tions, there may be pressure brought to limit marine industry activities, mitted or allowed as a conditional use in the District is important. For
and eventually convert the sites to other non-water dependent uses. example, certain types of professional offices, stores, or restaurants
may be more compatible with marine businesses than residential com-
Additionally, communities may wish to control the types and/or plexes, particularly when they offer services to or otherwise enhance a
sizes of water dependent uses allowed in a Witter Dependent Use Dis- water dependent use.

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Districts that permit non-water dependent uses can be limited so
as to favor water dependent uses in several ways:

require fixed percentages of land area or building floor space
to be devoted to water dependent uses (or marine related
Uses);
allow non-water dependent uses only on the upper floors (e.g.
second or third floor) of buildings in the District;
limit building size and height (allow larger buildings for water
dependent uses); and
establish maximum permitted lot coverages (allow greater lot
coverage for water dependent uses), setback requirements, and
specified building orientations.

Establishing these types of requirements is likely to affect possible
uses of waterfront properties in the District, as well as visual quality
and the availability of public access to the water. As specific zoning re-
quirements are developed, however, communities should take care to
ensure that restrictions established to control non-water dependent
uses do not inadvertently hinder the operations of maritime business
and industries.

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BOX B *Are there specific non-water dependent uses needed by the water
QUESTIONS TO GUIDE THE dependent uses in order for them to function?
DESIGN OF WATER DEPENDENT Examples are ice making for fishing operations, bot riggers and
USE DISTRICTS sailmakers for marina operations, marina operations, marine related
offices in connection with the actual water dependent activity. These
Purpose of the District supporting uses (water related uses) may be pemitted or conditional
uses. Designation as conditional uses can insure that water related
*What is the community vision for the land area to be encompassed uses will not interfere with the water dependent uses in the district.
by the district? To accomplish this, the ordinance should include conditions which
This vision shoudl be expressed in a general policy statement which may take the form of maximum area per lot devoted to use, prohibi-
describeds the uses and activities which the community wishes to tion from first floor occupancy, etc.
promote, preserve, and protect. This policy should also articulate the
community's desired pattern of physical development for the area.
*What non-water dependent uses can be safely accommodated
Permitted & Conditional Uses along with the water dependent uses without displacing them or
detracting from their efficient operation?
Note: Permitted Uses are those uses allowed in a district provided Communities should give careful thought to allowing non-water de-
that standard requirements, which apply to all uses, are met. These pendent uses in the proposed district. These uses may be limited to
requirements typically include imnimum lot size requirements, build- specific types of retail stores, offices, or industries that are highly
ing setbacks or yard requirements, and maximum lot coverage rations. valued by the community and/or fulfill a special need. Similar to the
Conditional Uses are those uses which may be appropriate in a dis- water related uses, these uses may be designated as permitted or
trict if specific conditions are met beyond the standard requirements conditional uses. However, to ensure that these uses do not displace
for that district. These conditions must be in the form of specific water dependent uses, their designation as conditional uses with
standards defining the type, size limitation, and other characteristics clearly defined standards is strongly recommended.
for the use. These conditions must be clear and quanitfiable in order
to withstand legal scrutiny (see questions on performance standards
below). Prohibited Uses

*What uses in the proposed district are important to the com- *What non-water dependent uses threaten to displace water de-
munity to retain and encourage? pendent uses?
These uses should be permitted uses in the district. In the case of These uses should not be permitted in the proposed district unless
Water Dependent Use Districts, these will be at least a large percent- they are adequately controlled. Certain non-water dependent uses,
age of those uses described in Maine's definition of water dependent such as residential development, may be incompatible with commer-
uses noted at the beginning of this report. cial water dependent uses under any conditions.

*What existing uses will be made non-conforming by the proposed mum lot cover ratios and building setback requirements cab eb-
new district? sure adequate open space. Also consideration should be given to
Since non-conforming status (*grandfatered*) is usually severely the noise, smell and other operational characteristcs of water de-
restrictive, consideration should be given to the effect this will have pendent uses.
on existing businesses' expansion plans and operations. This is par- safety? Spacing between buildings is necessary for emergency
ticularly important if certain water dependent uses, such as fish and fire access,
rendering plants or marinas are assigned non-conforming status. It visual corridors and aesthetics? Many people value the view of
is very possible that restrictions imposed on expansion may force the water from streets and sites near the harbor.
dependent uses are considered to be conformaing uses.
*What suzes and heights of structures should be allowed in the ap-
Multiple Districts proposed district?
Communities may wish to limit the size of new buildings to the ap-
Are there conflicts between different types of water dependent proximate size of existing buildings in the harbor area. However,
uses? some water dependent uses which the community may wish to en-
Conflicts between commercial fishermen and recreational boaters courage or retain might require larger buildings. In these cases,
may be resolved by designating different sections of the waterfront maximum building sizes for water dependent uses and non-water de-
for each use. pendent can be different.

Are there sections of the waterfront that have different existing What size lot is adequate to accommodate the allowed buildings
use patterns? and uses, including their parking and open spaces, etc.?
Waterfronts are complex and often will require two or more zoning Communities may wish to establish a minimum lot size permitted in
districts to ensure adequate regulation. the district. While this approach may limit flexibility in terms of
using the site, it has the advantage of preventing the creation of inap-
Performance Standards and Dimensional Requirements propriately small lots which may require variances from other dimen-
sional requirements of the district in order to be utilized.
*What spaces within the district cannot be fully utilized by water de-
pendent uses and could be devoted to some other uses without com-
flict?
In some cases, second or third floors in structures are not important
to the operation of water dependent uses.

*What spaces within the proposed district should remain open
for...
efficient operation of water dependent use activities? Large
areas are often needed for boat and equipment storage. Maxi-

Page I I

Non-Regulatory Techniques Several grant programs, administered by State agencies, provide
Acquisition. financial assistance for land and casement acquisitions. Information
about these programs is presented in Appendix A.
As growth pressures have increased, waterfront land values have Public Improvements.
also risen. While the acquisition of prime waterfront property can be ex-
pensive, it is one of the most effective ways for a community to control Communities can also encourage water dependent uses by provid-
waterfront development.
ing needed public infrastructure, such as piers, docks, or parking
The traditional method of acquiring land is to purchase and retain facilities. Some water dependent uses also require public sewerage,
all legal rights (fee simple). A number of towns in Maine have pur- W-MCT, and road systems to support their operations. Municipal funds
chased fishing piers or boat storage areas to help promote water de- may also be used to pay for harbor dredging projects. For example, the
pendent activities. Waterfront land owned by a city or town can be Town of Scarborough recently acquired a vacant parcel of land ad-
jacent to the Town landing and is developing parking facilities for com-
leased with restrictions on the types of uses permitted. In Boothbay mercial and recreational users and providing other site improvements.
Harbor, for instance, the town purchased a fishing pier on the harbor's Partial funding for the project was provided through Maine's Coastal
eastern side. It is now leased to marine businesses and has preserved ac- Program. Whether and how a community provides and maintains these
cess for traditional commercial fishing activities. Communities can also facilities and services can impact the viability of water dependent uses.
buy land and resell the property with restrictive covenants on its use. Information on sources of financial assistance available to support
Alternatively, a municipality may acquire a "less than fee interest" in a various types of waterfront improvements are also described in Appen-
waterfront parcel at less than the full market price, such as an easement dix A.
for public access.

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In some communities, land trusts may be helpful in protecting
waterfront property. Land trusts are private non-profit organizations
that can acquire or accept gifts of property, conservation easements, or
other interests in real property to enable public use or benefit from the
land, including the preservation of public access points for water de-
pendent uses. Land trusts can also assume responsibility for managing
property owned by someone else. For example, the Town of Harpswell
acquired two acres of land at Mackerel Cove, an area traditionally used
as a park in the summer and for boat storage in the winter. To ensure
theeontinuation of this tradition, the Town placed covenants on the
land and asked the local land trust to manage the property. The Maine
Coast Heritage Trust, a statewide non-profit organization, provides as-
sistance for local land trusts (see Appendix A).

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APPENDIX A Greater Portland Council of Governments or
233 Oxford Street, PO Box 426
TECHNICAL AND FINANCIAL Portland Me 0410 Northeast Harbor ME 04662
ASSISTANCE Contact: Tamara Risser at 774-9891 276-5156
FOR COASTAL COMMUNITIES Southern Kennebec Planning and MCHT promotes conservation of Maine's
Development Council coastline and islands, by negotiating gifts of
The Maine Coastal Program and other 125 State Street, land and casements to conservation organiza-
state and regional programs offer a variety of Augusta,Me 04330 tions. MCHT offers professional advice and
technical and financial assistance to coastal Contact: Paula Thomson at 622-7146 assistance to land owners, land trusts,.and
communities. Lincoln County Planning & Resource Office municipalities.
Lincoln County Courthouse,
Wiscasset, Me 04578 Island Institute
Technical Assistance Contact: 882-6312 60 Ocean Street
Eastern Mid-coast Planning Commission Rockland ME 04841
Coastal communities working to protect 9 Water Street, 594-9209
water dependent uses or develop other Rockland, Me 04841 The Institute provides natural resource
strategies to implement Maine's Coastal Contact: Tom Ford at 594-22(" management counseling services for coastal is-
Policies can obtain technical assistance from Penobscot Valley Council of Governments land owners and communities and carries out
the coastal planning staff at the office or Com- 10 Franklin St. island research and education.
preliensive Planning, Department or Economic Bangor, Me. 04401
and Community Development, Station #130, Contact: Betsy Bass at 942-63489 Maine Municipal Association (MMA)
Augusta, Maine 04333. For information or as- Hancock County Planning Commission Community Drive
sistance, please contact Francine Rudoff, Kirk RFD#4 Box 22, Augusta ME 04330
Schlemmer, or Mary Boyd-Broemel at 289- Ellsworth, Me. 04605 623-8428
6800. Contact: Jim Drew at 667-7131 MMA provides assistance to towns in
Additionally, technical assistance is also Washington County Regional Planning developing zoning ordinances, local code en-
available from coastal planners with Maine's Commission forcement, and legal affairs.
regional councils. Local officials are en- 63 Main Street,
couraged to contact the appropriate agency Machias, Me. 04654
listed below. Contact: Glenn Avery at 255-8686 Financial Assistance
Southern Maine Regional Planning Other sources of technical assistance in- A number of sources also provide finan-
Commission clude the following organizations: cial assistance to Maine communities to sup-
Box Q, 255 Main Street, port projects which enhance opportunities for
Sanford,Me 04073 Maine Coast Heritage Trust (MCHT) water dependent activities.
Contact: Madge Baker at 622-7146 PO Box 416
Topsham ME 04086 Coastal Planning Grants are available for
729-7366 municipal waterfront and harbor planning ac-

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livilies. These activities should result in im- men, of state, regional, or local recreational uses, that promotes public access to he
plementation strategies to further Maine's boat access sites. Funds for the program are shoreline, and that considers the cumulative ef-
Coastal Policies. derived from the state gasoline tax. fects of development on coastal resources;
For further information, contact Kirk For further information, contact Richard
chlernmer, -Office of Comprehensive Plan- Skinner, Bureau of Parks & Recreation, 4. Hazard Area Development.
ning, Department of Economic & Community Department of Conservation, 289-3821. Discourage growth and new development in
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Development, or your regional council. coastal areas where, because of coastal storms,
flooding, landslides, or sea-level rise, it is haz-
Waterfront Action Grants are available to APPENDIX B ardous to human health and safety;
municipalities for the acquisition and develop-
ment of shorefront land to improve public ac- 5. State and Local CooperativeManagement.
cess; low cost construction projects on MAINE'S COASTAL POLICIES Encourage and support cooperative state and
waterfront land; and the rehabilitation of 38 MRSA Section 1801 municipal management of coastal resources;
municipally-owned piers.
For further information, contact Mary In 1986, the Legislature enacted a law, 6. Scenic and Natural Areas Protection.
Boyd-Broemel, Office of Comprehensive Plan- Maine's Coastal Management Act,establishing Protect and manage critical habitat and
ning, Department of Economic & Community nine Coastal Policies. Under this Act, state natural areas of state and national significance,
Development, or your regional council. agencies and local governments are required and maintain the scenic beauty and character
to conduct their activities - regulating, plan- of the coast, even in areas where development
Community Revitalization Grants are ning, and developing coastal resources - affect- occurs;
available for downtown revitilization, housing ing the coastal area consistent with the
rehabilitation, public facility improvements, following policies: 7. Recreation & Tourism
and other local programs that benefit low and Expand the opportunities for outdoor recrea-
moderate income people. 1. Port and Harbor Development. tion and encourage appropriate coastal tourist
For further information, contact Leonard Promote the maintenance, development, and activities and development;
Dow, Office of Community Development, revitilization of the State's ports and harbors
Department of Economic & Community for fishing, transportation, and recreation; 8. Water Quality.
Development, 289-6800. Restore and maintain the quality of our fresh,
2. Marine Resource Management. marine, and estuarine waters for the broadest
Land & Water Conservation Fund grants Manage the marine environment and its re- possible diversity of public and private uses;
are available to support the acquisition and/or lated resources to preserve and improve the and
development of outdoor recreation facilities, ecological integrity and diversity of marine
including waterfront parks. communities and habitats; to expand our un- 9. Air Quality.
For further information, contact John derstanding of the productivity of the Gulf of Restore and maintain coastal air quality to
Picher, Office of Comprehensive Planning, Maine and coastal waters, and to enhance the protect the health of citizens and visitors and
Department of Economic & Community economic value of the State's renewable to protect enjoyment of the natural beauty and
Development, 289-6800. marine resources; maritime characteristics of the Maine coast.
Boating Facilities Program awards grants 3. Shoreline Management and Access
for the acquisition, development and improve- Support shoreline management that gives
preference to water-dependent uses over other
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