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


                               A Homeowner's Guide To
                                  #010
                                  Environmental Laws
                           LA     Affecting Shorefront
                           Iz-
                                   Property in Maine's
                         T          organized Towny

                                     Maine Department of
                                   Environmental Protection


                                        December  1995








                                 TD
                                 171.3
                                 M2
                                 H66
                                 1995


                                                            OF @01





                                                                                       A Homeowner's Guide to
                                                                                  Environmental Laws Affecting
                                                                                  Shorefront Property in Maine's
                                                                                                Organized Towns


                                                                                                     -Table of Contents-



                                                                        Introduction        ..............................................................................3
                                                                        Protection and Improvement of Waters
                                                                                 What is the ProteCtion and Improvement o
                                                                                 Waters Law?       ......_...........................................   .......5
                                                                                 How to Comply with the Protection
                                                                                 and Improvemept of Waters Law             . ......................................6

                                                                                 Overboard Discharges
                                                                                 What Regulates Overboard Discharges?                .............................6
                                                                                 How Does this Apply to Existing
                                                                                 Overboard Discharge Systems?              ........................................7

                                                                        Natural Resources Protection Act (NRPA)
                                                                                 What is the Natural Resources Protection Act?                ...................8
                                                                                 How are the Natural Resources Defined?                ...........................8
                                                                                 Activities that are Exempt from the NRPA                ..........................9
                                                                                 Common Activities Requiring Permits              .............................. 10
                                                                                 NRPA Permitting Requirements              ....................................... I I

                                                                        Seasonal Conversion Law
                                                                                 What is the Seasonal Conversion Law                 .......................... 13






                                                                           Under what Conditions are permits granted for
                                                                           seasonal conversions?          ....................................................... 13
                                                                    Shoreland Zoning
                                                                           What is Shoreland Zonin92              ............................................. 14
                                                                           Shoreland Zoning Law Requirements                  ............................... 15
                                                                           Shoreland Zoning Permitting Requirements                  ...................... 18
                                                                    Agency Directory           .................................................................... 23





























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                                                        WRODUCTION


                                                        Would you rather own shorefront property on the shore of a lake,
                                                        river or coastal area that is polluted with sewage, algae or dead
                                                        fish, or one that is clear, swimmable and teeming with fish and
                                                        wildlife? Obviously everyone wants clean lakes, rivers and
                                                        coastal areas. Maine's Legislature has enacted several environ-
                                                        mental laws which protect these important natural resources from
                                                        becoming degraded. It is important that every owner of shorefront
                                                        property abide by these laws to ensure that water quality is
                                                        protected.


                                                        The four state environmental laws relevant to shorefront property
                                                        in Maine's towns that are explained in the following guide
                                                        are: the Protection and Improvement of Waters Law; the
                                                        Natural Resources Protection Act (NRPA), and its associated
                                                        rules; the Seasonal Conversion Law; and the Mandatory
                                                        Shoreland Zoning Act (MSZA) plus corresponding local
                                                        ordinances.


                                                        This booklet is designed to cut through the extensive text of these
                                                        laws and rules and provide you with a simpler, easy-to-
                                                        understand version of their requirements. We hope that by
                                                        providing you with information in this form, you will be better
                                                        able to comply with the laws and rules.


                                                        This booklet is organized by specific law. Individual sections will
                                                        briefly describe each law and summarize its requirements.


                                                                                                                            3






                                                    Please note this booklet only addresses activities
                                                    in organized municipalities (towns) and in areas
                                                    that are not located in sand dunes. Please refer to
                                                    the standards of the Land Use Regulation
                                                    Commission (LURC) (287-2631) for unorganized areas
                                                    and to the Maine Department of Environmental
                                                    Protection's Sand Dune Rules for activities in these areas.
                                                    You can obtain a copy of these rules by contacting the
                                                    DEP at 287-2111.









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                                                        Protection and Improvement of Waters


                                                        What is the Protection and Improvement of Waters Law?
                                                        This comprehensive law regulates activities which discharge or
                                                        couldpotentially discharge materials ("pollutants") into waters of
                                                        the state (rivers, streams, brooks, lakes and ponds and tidal
                                                        waters). This law is administered by the Maine Department of
                                                        Environmental Protection (DEP).


                                                        Sections 413 and 417 of the law apply specifically to activities in
                                                        shorefront areas. Both sections essentially prohibit materials from
                                                        being placed in, or washed into a waterbody, or placed in such a
                                                        manner that it may wash or leach into water. The purpose of this
                                                        is to prevent erosion of soil into waterbodies and disposal of
                                                        materials on the ice, or in and adjacent to, streams, lakes and tidal
                                                        areas.


                                                        Section 413 requires that a license be obtained before directly or
                                                        indirectly discharging any pollutant. Licenses are issued condi-
                                                        tionally and contain certain treatment requirements in most
                                                        instances. Therefore, if you were to cause soii or any other
                                                        untreated material (oil or gasoline, sawdust, untreated sewage,
                                                        refuse, concrete, paint or wood preservative, etc.) to wash into a
                                                        river, stream, lake, pond or tidal water, you would need a
                                                        discharge license. The DEP generally does not issue discharge
                                                        licenses for soil or other untreated material. If you allow this
                                                        material to ;ash into a wetland or waterbody without a discharge
                                                        license you are in violation of Section 413.


                                                        Section 417 prohibits the discharge of certain materials into
                                                        waterbodies. It also prohibits the placement of materials on the ice
                                                        or banks of the waters of the State in such a manner that the
                                                        material may fall or be washed into the water or that its drainage
                                                        may flow or leach into the water. The section specifically targets

                                                                                                                            5






                                                        refuse including wood slabs, edgings, chips, sawdust, shavings,
                                                        bark, scrap metal, junk, paper, garbage, septic tank sludge,
                                                        rubbish, old automobiles or similar refuse. The DEP also
                                                        interprets this to include slash, stumps and other debris.


                                                        How to Comply @Yith the Protection and Improvement of Waters
                                                        Law
                                                        It is important to recognize that this law addresses the impact of
                                                        an activity, not its location. If soil washes into, or material can fall
                                                        or be washed into a waterbody, a violation occurs regardless of
                                                        how close the activity is to the affected area. It could be two feet
                                                        or 200 feet away: what is important is the effect on the State's
                                                        water resources. You need to plan and conduct your activity
                                                        accordingly.
                                                        The following will help you ensure that you comply with the law:
                                                        ï¿½ Make sure erosion control measures consistent with Best
                                                          Management Practices are used, properly installed and
                                                          maintained when doing any soil disturbance work.
                                                        ï¿½ Take care when refueling boats and repairing structures so as
                                                          not to cause a discharge into the water.
                                                        ï¿½ Dispose of trash or other refuse such as leaves, grass clippings,
                                                          etc. through composting if possible, or at a municipal solid
                                                          waste facility.    ,
                                                        ï¿½ Properly dispose of sewage from boats and shorefront
                                                          property,
                                                        ï¿½ Dispose of slash and other forest refuse away from
                                                          waterbodies, not in or near them.


                                                        Overboard Discharges (riverine, coastal or tidal waters only)


                                                        What Regulates Overboard Discharges?
                                                        In 1987, the Protection and Improvement of Waters Law was

                                                        6





                                                        amended to specifically address direct discharges of sanitary or
                                                        septic wastes from residential or commercial establishments
                                                        ("overboard discharges"). Although substantially ammehded in
                                                        1989, the law's intent is: 1) to encourage the reopening of
                                                        shellfish beds by removing overboard discharges into such areas;
                                                        2) to improve the overall quality of Maine's waters by removing
                                                        as many overboard discharges as possible; and 3) to improve
                                                        compliance with state rules and ensure maintenance of
                                                        existing systems.


                                                        The law applies to discharges to riverine, coastal or tidal waters
                                                        and prohibits any new residential or commercial discharges. All
                                                        existing discharges must be licensed and have appropriate
                                                        treatment. if an existing discharge is not licensed or does not have
                                                        adequate treatment, the owner should contact the DEP for
                                                        assistance on how to proceed. In addition, certain changes to
                                                        existing licensed discharges may categorize it as "new", and are
                                                        therefore prohibited. These changes include adding sources of
                                                        wastewater to the discharge or converting seasonal houses to year
                                                        round use.


                                                        How Does this Apply to Existing Overboard Discharge Systems?
                                                        If you have an existing licensed or permitted system that
                                                        discharges into a shellfish area, the DEP will issue a conditional
                                                        permit to allow you continued use of the system until 6 months
                                                        after the DEP offers a grant to partially offset system replacement
                                                        costs. If a grant is not made available, the permit will expire 10
                                                        years from issue unless renewed. If your discharge is targeted
                                                        for removal, and a grant made available, the DEP or your town
                                                        will work with you to find alternative methods of wastewater
                                                        disposal.


                                                        If your existing discharge is in a non-shellfish area and you have
                                                        no alternative available for a subsurface wastewater disposal
                                                        system (septic system) and your discharge does not lower water
                                                                                                                         7






                                                       quality in the area, you will be issued a 10-year license. If you do
                                                       have an alternative available, you will be issued a conditional
                                                       permit, expiring either 6 months after an offer of replacement
                                                       system funding is made or in 10 years.


                                                       The DEP also has an inspection program designed to improve
                                                       license/permit compliance. The inspection program provides for
                                                       annual or semi-annual inspection of the discharge by a DEP
                                                       inspector or license service contractor and is funded through
                                                       annual inspection fees collected from owners.


                                                       If you have questions about overboard discharges, please call the
                                                       DEP at (207) 287-3901, and ask for someone in the overboard
                                                       discharge program.

                                                       Natural Resources Protection Act (NRPA)


                                                       What is the Natural Resources Protection Act (NRPA)?
                                                       The NRPA regulates activities in, on, over, and adjacent to lakes,
                                                       ponds, rivers, streams, brooks, freshwater wetlands and tidal
                                                       areas. Activities regulated under the NRPA include disturbing
                                                       soil, placing fill, dredging, removing or displacing soil, sand or
                                                       vegetation, draining or dewatering and building permanent
                                                       structures, in, on, over or adjacent to these areas. The law is
                                                       designed to protect these natural resources and is administered
                                                       and enforced by the DEP
                                                       How are the "Natural Resources" Defined?
                                                       ï¿½ A lake or pond (called a "great pond" under the law) includes
                                                         natural ponds greater than 10 acres and artificially formed
                                                         ponds of greater than 30 acres.
                                                       ï¿½ A river stream or brook includes the river, stream or brook
                                                         channel that is created by the action of surface water (whether
                                                         it flows year-round or just 3 months per year)

                                                       8





                                                             ï¿½ A freshwater wetland is an area flooded or saturated by surface
                                                               or groundwater at a frequency and for a time sufficient to
                                                               support wetland vegetation typically adapted for life in
                                                               saturated soils. A forested wetland is a wetland that is
                                                               dominated by trees that are 19.5 feet tall or taller.
                                                             ï¿½ A tidal areaAvetland is called a "coastal wetland" under the law
                                                               and is any area that is influenced by the highest spring tides.
                                                             Activities that are Exempt From the NRPA:
                                                             - Any activity that occurs in an area more than 100 feet away
                                                               from a lake, pond, river, stream, brook, freshwater wetland or
                                                               tidal area.
                                                             - Any activity within 100 feet of a lake, pond, river, stream,
                                                               brook, freshwater wetland or tidal area that does not disturb
                                                               the soil or place fill. (Disturbing soil includes activities such as
                                                               excavation for landscaping. Placing fill includes activities
                                                               such as beach construction. Both types of activities are
                                                               subject to the NRPA.)
                                                             * Any repair, maintenance or replacement of an existing culvert,
                                                               provided any replacement culvert is not more than 25% longer
                                                               than the culvert being replaced and not longer than 75 feet, In
                                                               addition, erosion must be controlled and fish passage cannot be
                                                               blocked for the activity to be exempt.
                                                             - The installation of a waterline from a great pond to a single
                                                               family home or the installation of cables for utilities, such as
                                                               telephone and power cables, if the excavated trench for access
                                                               to the water is backfilled and riprapped to prevent erosion AND
                                                               the landward side of the trench is seeded and mulched.
                                                             NOTE: The Bureau of Public Lands (207) 287-3061) must
                                                                       approve the placement of any utility cable across the
                                                                       bottom of the great pond to the extent that it has
                                                                       jurisdiction.
                                                               The installation of a temporary structure, such as a dock,
                                                               walkway or float, in place less than 7 months per year
                                                                                                                                 9






                                                   ï¿½ Maintenance and minor repair of a structure in, on, over or
                                                     adjacent to a lake, pond, river, stream or tidal area, and
                                                     maintenance and repair of private crossings of a river, stream or
                                                     brook provided erosion control measures are taken; there is no
                                                     additional intrusion into the resource; and the dimensions of the
                                                     repaired structure do not exceed the dimensions of the structure
                                                     as it existed 24 months prio to the repair, or if the structure is
                                                     considered eligible by the Maine Historic Preservation
                                                     Commission for listing in the National Register of Historic
                                                     Places, the dimensions of the repaired structure do not exceed
                                                     the dimensions of the historic structure. In addition, if the
                                                     project consists of the repair of a crossing, it must not block
                                                     fish passage.
                                                   ï¿½ The replacement of a floating dock with another floating dock
                                                     IF the dimensions of the replacement dock do not exceed those
                                                     of the dock being replaced AND the configuration of the
                                                     replacement dock is the same as the one being replaced.
                                                   ï¿½ The placement of a mooring.
                                                   ï¿½ The installation or repair of a subsurface wastewater disposal
                                                     system (septic system) in compliance with all the requirements
                                                     of the Subsurface Wastewater Disposal Rules (10 CMR 241)
                                                     (effective July 1, 1995) adopted by the Department of Humdn
                                                     Services.


                                                      If the work you are doing meets one or more of these
                                                      exemptions, you do not have to file a permit application
                                                      with the Department of Environmental Protection.


                                                   CommonActivities ReQuiring Permits
                                                     Road building, excavating, filling for patios and boat ramps,
                                                     landscaping work, removing stumps and bulldozing IF done
                                                     within 100 feet of lakes, ponds, rivers, streams or brooks,
                                                     tidal areas and some freshwater wetlands.


                                                   10





                                                       - Installing or replenishing a beach area, moving rocks or
                                                         removing vegetation below the normal high water line or
                                                         installing new culverts for road crossings of portions of lakes
                                                         and ponds, rivers, streams or brooks and tidal areas.
                                                       - Building or placing permanent structures in, on or over lakes
                                                         and ponds, rivers, streams, brooks, tidal areas and freshwater
                                                         wetlands.


                                                       NRPA Permitting Requirements
                                                       There are two permitting programs under the NRPA: permit-by-
                                                       rule and full NRPA permitting. Permit-by-rule covers most minor
                                                       activities such as installing bridges and culverts in rivers, streams
                                                       or brooks, filling or disturbing soil within 100 feet (but greater
                                                       than 25 feet) of a waterbody or wetland, and moving: rocks or
                                                       vegetation along the shoreline. The permit-by-rule procedure
                                                       simply requires filing a one-page notice with the DEP, providing a
                                                       location map and photographs (in some cases) and following
                                                       applicable construction and erosion control standards. The
                                                       Processing fee for a permit-by-rule notification is $35.
                                                       The full NRPA permitting process covers activities with greater
                                                       potential impacts than those under permit-by-rule. A permit
                                                       application form must be filed with the DEP along with notifica-
                                                       tion. The review process for the application is about 5 months.
                                                       The DEP has staff available to answer questions about NRPA
                                                       permitting from 8 A.M. to 5 RM. Monday thru Friday. These
                                                       people can be reached at (207) 287-2111. Please call if you need
                                                       assistance.



                                                          Designing and conducting your project to take advantage
                                                          of NRPA exemptions and the permit-by-rule program will
                                                          minimize paperwork and down time.











                                            Lake, Pond, River
                                            stream, tidal area, (--'Oo ft---)





                                                                  NRPA permit       (NRPApermit
                                                                required to work   not required to
                                                                   in this area.       work in
                                                                (Soil Disturbance     this area.)
                                                                 placing of fill)







                                               NRPA permit
                                             required to work
                                                in this area.






                                           12





                                                      Seasonal Conversion Law


                                                      What is the Seasonal Conversion Law
                                                      The Seasonal Conversion Law was enacted to regulate the
                                                      conversion of seasonal dwellings within the shoreland zone to
                                                      year-round use. The law only applies to dwellings that existed on,
                                                      or before July 1, 1974, and that were not used as a principal or
                                                      year-round residence during the period from 1977 to 1981. The
                                                      overall purpose of the.law is to ensure protection of the state's
                                                      waterbodies and groundwater resources. It specifically targets
                                                      subsurface disposal systems by requiring that permits for
                                                      seasonal conversions be obtained from the town's local plumbing
                                                      insWctor.
                                                      Under what Conditions are Permits Granted for Seasonal
                                                      Conversions?
                                                      Permits can only be issued by the plumbing inspector when it
                                                      can be demonstrated that:















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                                                      - A disposal system design application, completed after July 1,
                                                      1974, is on record indicating that the dwelling's existing waste
                                                      water disposal system substantially complies with Department of
                                                      Human Services (DHS) Rules and applicable municipal ordi-
                                                      nances. The disposal system must have been installed with the
                                                      required plumbing inspector permit and certificate of approval.
                                                      If no such application is on record, a replacement system must
                                                      be installed which substantially complies with DHS rules and
                                                      applicable municipal ordinances; or
                                                      - The dwelling's waste water is connecieci to an approvea pumic
                                                      or private sanitary sewer system.


                                                      Shoreland Zoning


                                                      What is Shoreland Zoning?
                                                      The Mandatory Shoreland Zoning Act was enacted by the
                                                      Legislature in the early 1970's in order to prevent water pollution,
                                                      and damage to the natural beauty and habitat provided by lakes,
                                                      ponds, rivers, tidal areas, freshwater wetlands and streams. The
                                                      law targets development along the immediate shoreline of these
                                                      resources and requires towns to enact a shoreland zoning
                                                      ordinance at least as stringent as a model ordinance developed by
                                                      the state. The ordinance must apply to all areas within 250 feet of
                                                      lakes, ponds, rivers, tidal areas and freshwater wetlands, and at
                                                      least 75 feet from certain streams. These areas make up the
                                                      shoreland zone.
                                                      Activities in the shoreland zone are regulated by the town through
                                                      its codes enforcement officer and planning board. The DEP
                                                      oversees the town's administration and enforcement of shoreland
                                                      zoning but does not issue town permits under this statute.





                                                      14





                                                           Since the law allows towns to enact more stringent
                                                           ordinances as well as ordinances which may differ
                                                           from the state's guidelines, you should Wways check
                                                           with the town in which you propose to work to ensure
                                                           that you are meeting its requirements. If you have tried
                                                           and cannot reach municipal officials, the DEP may be
                                                           able to provide you with infon-nation on the town's
                                                           ordinance. Please contact the DEP at (207) 287-2111
                                                           and ask for the Shoreland Zoning Unit.


                                                        Activities exempt from shoreland zoning requirements include:
                                                        ï¿½ Timber harvesting and road construction work located outside
                                                          of the shoreland zone;
                                                        ï¿½ Filling or earth moving activity and construction of structures
                                                          outside of the shoreland zone;
                                                        ï¿½ Timber cruising, forest resource evaluation activities, pesticide
                                                          or fertilizer application, management planning activities, timber
                                                          stand improvement, pruning, and regeneration of forest stands
                                                          inside or outside of the shoreland zone;
                                                        ï¿½ Fire prevention activities and wildlife management practices;
                                                        ï¿½ Surveying and resource analysis; and
                                                        ï¿½ Soil and water conservation practices and emergency opera-
                                                          tions.
                                                        Common activities that must meet town shoreland zoning
                                                        requirements include:
                                                        - Construction or expansion of structures
                                                        - Timber harvesting, individual tree removal and clearing of
                                                          vegetation
                                                        - Campground and marina construction
                                                        - Filling or earth moving activity, such as road or driveway
                                                          construction

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                                                   ï¿½ Construction of piers, wharves, and bridges
                                                   ï¿½ Siting of commercial and industrial uses
                                                   Shoreland Zoning Law Requirements
                                                   The following is a summary of requirements established under the
                                                   Mandatory Shoreland Zoning Act which all municipalities must
                                                   adopt in their ordinances as minimum requirements:
                                                   ï¿½Within the shoreland area zoned for "Resource Protection"
                                                    abutting a great pond, there may be no timber harvesting or
                                                    cutting of vegetation within the strip of land extending 75 feet
                                                    inland from the normal high water line except to remove safety
                                                    hazards;
                                                   ï¿½In all shoreland areas, with the exception of "Resource
                                                    Protection" areas mentioned above, timber harvesting must be
                                                    limited to selective cutting of no more than 40% of the trees 4
                                                    inches or more in diameter measured 4.5 feet above the ground,
                                                    on any lot in any 10 year period, provided that a well-
                                                    distributed stand lof trees and other natural vegetation remains
                                                    (this provision may be exceeded, with planning board approval,
                                                    upon a clear showing that an exception is necessary for good
                                                    forest management and is carried out in accordance with the
                                                    purposes of shoreland zoning);
                                                   ï¿½Any expansion of a structure which increases the volume or
                                                    floor area by 30% or more must meet the required setback
                                                    requirements.
                                                   ï¿½Within a strip extending 75 feet inland from the normal high
                                                    water line, there shall be no cleared opening or openings,
                                                    except for approved construction, and a well distributed stand
                                                    of vegetation shall be retained.
                                                   Other important standards to remember which are not found in the
                                                   Mandatory Shoreland Zoning Act but in State guidelines that
                                                   towns must adopt in zoning ordinances, include the following:



                                                   16





                                                         - Beyond the 75 foot no-harvest strip in resource protection areas
                                                           along great ponds, timber harvesting must not reduce the
                                                           average residual basal area of trees over I inch in diameter (at
                                                           4.5 feet above ground level) to less than 30 square feet per acre.
                                                         - At distances greater than 100 feet of a great pond or river
                                                           flowing to a great pond and greater than 75 feet from other
                                                           waterbodies or the upland edge of a wetland, harvesting
                                                           operations cannot create single clearcut openings greater than
                                                           10,000 square feet in the forest canopy. Where such openings
                                                           exceed 5,000 square feet they shall be at least 100 feet apart.
                                                         - In non-tidal areas the minimum lot size for residential dwelling
                                                           units is 40,000 square feet with a minimum shore frontage of
                                                           200 feet. In tidal areas the lot size and frontage requirements are
                                                           30,000 square feet and 150 feet respectively.
                                                         - With the exception of structures in general development
                                                           districts or those requiring direct access to water (piers docks
                                                           retaining walls), all new principal and accessory structures
                                                           must be setback at least 100 feet from the normal high water
                                                           line of lakes and ponds and rivers that flow to lakes and ponds,
                                                           and 75 feet from the normal high water line of other
                                                           waterbodies, tributary streams or the upland edge of a wetland.
                                                         - All new construction and development must be designed to
                                                           minimize stormwater runoff from the site in excess of the
                                                           natural predevelopment conditions. Where possible, existing
                                                           natural runoff features, such as berms, swales, terraces and
                                                           wooded areas shal I be retained in order to reduce runoff and
                                                           encourage infiltration of stormwaters.
                                                         - The minimum setback for new subsurface sewage disposal
                                                           systems must be no less than 100 feet from the normal high
                                                           water line.

                                                         - All activities which involve filling, grading, excavating, or
                                                           other similar activities which result in soil disturbance, require
                                                           a written soil erosion and sedimentation control plan.

                                                                                                                         17






                                               Please note that the above mentioned standards are only a partial
                                               listing of requirements. Ordinances in some municipalities may be
                                               more stringent or in some special cases may be less stringent.
                                               PLEASE MAKE SURE TO CHECK WITH THE MUNICI-
                                               PALITY T74AT YOU WILL BE WORKING IN TO OBTAIN
                                               UP-TO-DATE INFORMATION ON ORDINANCE RE-
                                               QUIREMENTS!
                                               Shoreland Zoniniz Permitting Requirements
                                               If permits are necessary under shoreland zoning, they are obtained
                                               through the Codes Enforcement Officer or Planning Board in the
                                               town you will be working in. To be sure that you adhere to the
                                               reguirements of the municipal ordinance. contact the Codes
                                               Enforcement Officer or Planning Board Chairman to determine
                                               permitting requirements and obtain a col2y of the municipality's
                                               ordinance.





















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                                               18






                                                                     Activity           Laws that apply               Contact

                                                               Cutting of trees         Shoreland Zoning,       Town Codes
                                                               along the shoreline      Natural Resources       Enforcement Officer,
                                                               and pulling stumps       Protection Act          Department of
                                                                                                                Environmental
                                                                                                                Protection

                                                               Installation of a new    Plumbing Code,          Town Plumbing
                                                               septic system            Shoreland Zoning        Inspector, Codes
                                                                                                                Enforcement Officer
                                                               Installation of a        Shoreland Zoning        Town Codes
                                                               temporary dock                                   Enforcement Officer
                                                                                                                (CEO)
                                                               Installation of a        Natural Resources       Department of
                                                               permanent dock           Protection Act          Environmental
                                                                                        (NRPA), Shoreland       Protection (DEP),
                                                                                        Zoning                  Town Planning Board
                                                               Construction of a        Shoreland Zoning,       Town Planning
                                                               dwelling                 Plumbing Code,          Board, Town
                                                                                        Natural Resources       Plumbing Inspector,
                                                                                        Protection Act          CEO, DEP
                                                               Boat Ramps               Shoreland Zoning,       Town Planning
                                                                                        NRPA                    Board, DEP

                                                               Clearing of rocks        NRPA                    DEP
                                                               and vegetation           Shoreland Zoning        Town CEO
                                                               along the shore
                                                               Placement of stairs      Shoreland Zoning        Town Planning
                                                               down to the              NRPA                    Board/CEO, DEP
                                                               shoreline
                                                               Expanding or             Shoreland Zoning        Town Planning
                                                               enclosing a deck                                 Board/CEO
                                                               Shoreline                Shoreland Zoning,       Town CEO/
                                                               stabilization            NRPA                    Planning Board DEP




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                                                            Activity          Laws that apply           Contact

                                                       Adding bedrooms        Shoreland Zoning,    Town Planning
                                                       to a dwelling with     Protection and       Board,
                                                       an overboard           Improvement of       CEO, DEP
                                                       discharge system       Waters Law
                                                                              (Overboard
                                                                              Discharges)

                                                       Conversion of a        Seasonal             Town Plumbing
                                                       seasonal dwelling to   Conversion           Inspector
                                                       a year round home      Law



                                                      Note: the laws and contacts listed for each activity represent
                                                      all possible state environmental laws and contacts that could
                                                      potentially be involved in regulating an activity. In many
                                                      cases, some of these will not apply. In all cases you should
                                                      check with the contacts listed.

                                                      * All activities which involve soil disturbance or materials
                                                      which could fall or be washed into a waterbody could
                                                      potentially violate the Protection and Improvement of Waters
                                                      Law. To ensure compliance with this law, make sure that all
                                                      soil and other materials are properly contained.


                                                                         AGENCY DIRECTORY

                                                                   Maine Department of Environmental Protection
                                                                         Bureau of Land and Water Quality
                                                                              State House Station # 17
                                                                              Augusta, Maine 04333
                                                                      Tel. (207) 287-2111 or 1-800-452-1942

                                                                       DEP Southern Maine Regional Office
                                                                                312 Canco Road
                                                                              Portland, Maine 04103
                                                                               Tel. (207) 822-6300


                                                      20





                                                                                    DEP Eastern Maine Regional Office
                                                                                             106 Hogan Road
                                                                                          Bangor, Maine 04401
                                                                                            Tel. (207) 941-4570

                                                                                    DEP Northern Maine Regional Office
                                                                                            1235 Central Drive
                                                                                        Presque Isle, Maine 04769
                                                                                            Tel. (207) 764-0477

                                                                                    Maine Department of Human Services
                                                                                     Division of Health Engineering
                                                                                          State House Station #11
                                                                                          Augusta, Maine 04333
                                                                                            Tel. (207) 287-5338

                                                                                    Maine Department of Conservation
                                                                                          Bureau of Public Lands
                                                                                          State House Station #22
                                                                                          Augusta, Maine 04333
                                                                                            Tel. (207) 287-3061

                                                                                    Maine Depar tirnent of Conservation
                                                                                    Land Use Regulation Commission
                                                                                          State House Station #22
                                                                                          Augusta, Maine 04333
                                                                                            Tel. (207) 287-2631

                                                                                Maine Historic Preservation Commission
                                                                                          State House Station #65
                                                                                          Augusta, Maine 04333
                                                                                            Tel. (207) 287-2132

                                                               This publication is updated and reprinted periodically. In the interest of
                                                               continually improving its contents to make it as useful as possible to
                                                               homeowners, we invite your input. We are particularly interested in your
                                                               thoughts on the usefulness of the information presented in addition to the
                                                               publication's readability and layout. Please send any comments you may
                                                               have to:
                                                                             Maine Department of Environmental Protection
                                                                                    Division of Watershed Management
                                                                                          State House Station #17
                                                                                          Augusta, Maine 04333                          21



















                                             TIMBER HARVESTING STANDARDS
      IJ SHORELAND ZONING                              Parennl:,,,
      N)                                                       I streams
                                                            no






                   t reams                                                                        Brook
                                                                                                  (none)
                                                                            r-z_ SLrea,.s
                                                                                    (75')








                                                                                         Intermittent
         SHORELAND ZONFS                                                                   (none)
                75' -  Streams                                                                                    Wtl..d
                                                                                                                 .(+Io Acr-s)-,
                                                                  A A 9                                    xI-
                250'   Resource Protection - along
                       great ponds, rivers, and                           K             3(x
                       wetlands due to     d lain                                  YL
                                      floo IPate
                       steep slopes and    er
                                      moc
                                           s
                       & high value wetland
         ,d =if% 250' - Great Ponds, Rivers, tidal                                                 K
                       water and Wetlands

                                                                                                  K.





























                                                                                                               A
           SLASH
                                                      z                    (.Io  hcro"
                 J) -50'- None                                                                                'z

                    +   Less than 4' above
                                                                                                                                       Y,
                        the ground
                                                                                                                  YJ D*)-


                                                                                                                              'A


                                                                              x
                                                                                 X

                      StreaMs  40% ill 1@ Yeats. 40 VICOcut                         A            K

                       Adjacent to great ponds onlY:                        V    <
                            0 - 75, no harvest
                            76 - 250'- 400/0 in 10 years, &                      K
                            the residual basal 2irea can not                                                                   wetl*nd
                            be less, than 30 sq. ft for trees                                                              k@' (-10 hem$)
                            I" DBM and above.                                                                                     (none)
                       Ail other resource PrOt"tiOn:
                            O-Z50' - 40% in 10 years, &
                            limited clear-cutting allowed-

                      Gleat Ponds, Rivers, Wetlands (+ 10 ac
                            40% in 10 years, limited clearcutting
                            ailowed,                                       K                                                      45-77
                                                                                                                                   3 11il





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                                                    - 3 6668 1410-1-2-148--