06- 096 C.M.R. ch. 1000, § 14

Current through 2024-51, December 18, 2024
Section 096-1000-14 - Table of Land Uses

All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone, shall conform with all of the applicable land use standards in Section 15. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.

Key to Table 1:

Yes - Allowed (no permit required but the use must comply with all applicable land use standards.)

No - Prohibited

PB - Allowed with permit issued by the Planning Board.

CEO - Allowed with permit issued by the Code Enforcement Officer

LPI - Allowed with permit issued by the Local Plumbing Inspector

Abbreviations:

RP - Resource Protection GD General Development I and General Development II

LR - Limited Residential CFMA - Commercial Fisheries/Maritime Activities

LC - Limited Commercial SP - Stream Protection

The following notes are applicable to the Land Uses Table on the following page:

NOTE: The term "functionally water-dependent use" as defined, includes a very diverse group of uses ranging from large, industrial facilities that receive shipments by water or use water for cooling, to traditional commercial fishing enterprises, and public shore front parks. Communities are encouraged to define the functionally water-dependent uses which are to be allowed and which are prohibited in each CFMA district, based on considerations of prevailing existing uses, desired future uses, available support facilities, site suitability and compatibility with adjacent uses. A municipality can narrow the range of allowed uses by precluding certain functionally water-dependent uses, or by adopting conditional uses for certain functionally water-dependent uses that it determines would only be compatible with its plan for the waterfront under certain conditions.

NOTE: Recreational water-dependent uses such as marinas and excursion vessels may, in some communities, displace or threaten to displace traditional commercial fisheries and maritime activities. Therefore communities may wish to preclude or further limit these types of uses in this district in order to protect berthing space and onshore staging areas for commercial fishing enterprises.

TABLE 1. LAND USES IN THE SHORELAND ZONE

LAND USESDISTRICT
SP RP LR LC GD CFMA
1. Non-intensive recreational uses not requiring structures such as hunting, fishing and hiking yes yes yes yes yes yes
2. Motorized vehicular traffic on existing roads and trails yes yes yes yes yes yes
3. Forest management activities except for timber harvesting & land management roads yes yes yes yes yes yes
4. Timber harvesting yes CEO13 yes yes yes yes
5. Clearing or removal of vegetation for activities other than timber harvesting CEO CEO1 yes yes yes yes
6. Fire prevention activities yes yes yes yes yes yes
7. Wildlife management practices yes yes yes yes yes yes
8. Soil and water conservation practices yes yes yes yes yes yes
9. Mineral exploration no yes 2 yes2 yes2 yes2 yes2
10. Mineral extraction including sand and gravel extraction no PB3 PB PB PB PB
11. Surveying and resource analysis yes yes yes yes yes yes
12. Emergency operations yes yes yes yes yes yes
13. Agriculture yes PB yes yes yes yes
14. Aquaculture PB PB PB yes yes yes
15. Principal structures and uses A. One and two family residential, including driveways PB4 PB9 CEO CEO CEO no
B. Multi-unit residential no no PB PB PB no
C. Commercial no no10 no10 PB PB PB5
D. Industrial no no no no PB PB5
E. Governmental and institutional no no PB PB PB PB5
F. Small non-residential facilities for educational, scientific, or nature interpretation purposes PB4 PB CEO CEO CEO PB5
16. Structures accessory to allowed uses PB4 PB CEO CEO yes yes
17. Piers, docks, wharfs, bridges and other structures and uses extending over or below the normal high-water line or within a wetland a. Temporary b. Permanent CEO11 PB CEO11 PB CEO11 PB CEO11 PB CEO11 PB CEO11 PB5
18. Conversions of seasonal residences to year-round residences LPI LPI LPI LPI LPI no
19. Home occupations PB PB PB CEO yes yes
20. Private sewage disposal systems for allowed uses LPI LPI LPI LPI LPI LPI
21. Essential services PB6 PB6 PB PB PB PB
A. Roadside distribution lines (34.5kV and lower) CEO 6 CEO 6 yes 12 yes 12 yes 12 yes 12
B. Non-roadside or cross-country distribution lines involving ten poles or less in the shoreland zone PB 6PB6 CEO CEO CEO CEO
C. Non-roadside or cross-country distribution lines involving eleven or more poles in the shoreland zone PB6 PB6 PB PB PB PB
D. Other essential services PB6 PB 6 PB PB PB PB
22. Service drops, as defined, to allowed uses yes yes yes yes yes yes
23. Public and private recreational areas involving minimal structural development PB PB PB CEO CEO CEO5
24. Individual, private campsites CEO CEO CEO CEO CEO CEO
25. Campgrounds no no7 PB PB PB no
26. Road construction PB no8 PB PB PB PB5
27. Land management roads yes PB 13 yes yes yes yes
28. Parking facilities no no7 PB PB PB PB5
29. Marinas PB no PB PB PB PB
30. Filling and earth moving of <10 cubic yards CEO CEO yes yes yes yes
31. Filling and earth moving of >10 cubic yards PB PB CEO CEO CEO CEO
32. Signs yes yes yes yes yes yes
33. Uses similar to allowed uses CEO CEO CEO CEO CEO CEO
34. Uses similar to uses requiring a CEO permit CEO CEO CEO CEO CEO CEO
35. Uses similar to uses requiring a PB permit PB PB PB PB PB PB

1 In RP not allowed within 75 feet horizontal distance, of the normal high-water line of great ponds, except to remove safety hazards.

2 Requires permit from the Code Enforcement Officer if more than 100 square feet of surface area, in total, is disturbed.

3 In RP not allowed in areas so designated because of wildlife value.

4 Provided that a variance from the setback requirement is obtained from the Board of Appeals.

5 Functionally water-dependent uses and uses accessory to such water dependent uses only (See note on previous page).

6 See further restrictions in Section 15(L)(2).

7 Except when area is zoned for resource protection due to floodplain criteria in which case a permit is required from the PB.

8 Except as provided in Section 15(H)(4).

9 Single family residential structures may be allowed by special exception only according to the provisions of Section 16(E), Special Exceptions. Two-family residential structures are prohibited.

10 Except for commercial uses otherwise listed in this Table, such as marinas and campgrounds, that are allowed in the respective district.

11 Excluding bridges and other crossings not involving earthwork, in which case no permit is required.

12Permit not required, but must file a written "notice of intent to construct" with CEO.

13 Option 3 towns only.

NOTE: Item 17, in its entirety, should be deleted from Table 1 if a municipality elects not to regulate "piers, docks, wharfs, bridges and other structures and uses extending over or below the normal high-water line or within a wetland".

NOTE: A person performing any of the following activities shall require a permit from the Department of Environmental Protection, pursuant to 38 M.R.S.A. section480-C, if the activity occurs in, on, over or adjacent to any freshwater or coastal wetland, great pond, river, stream or brook and operates in such a manner that material or soil may be washed into them:

A. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials;
B. Draining or otherwise dewatering;
C. Filling, including adding sand or other material to a sand dune; or
D. Any construction or alteration of any permanent structure.

06- 096 C.M.R. ch. 1000, § 14