H.P. 1635 - L.D. 2265
An Act to Reduce Nonpoint Source Pollution from Existing Sources, Amend the Shoreland Zoning Laws and Amend the Site Location of Development Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §420-C, as amended by PL 1997, c. 502, §1, is further amended by inserting after the first paragraph a new paragraph to read:
A person who owns property that is subject to erosion because of a human activity before July 1, 1997 involving filling, displacing or exposing soil or other earthen materials shall take measures in accordance with the dates established under this paragraph to prevent unreasonable erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8. Adequate and timely
temporary and permanent stabilization measures must be taken and maintained on that site to prevent unreasonable erosion and sedimentation. This paragraph applies on and after July 1, 2005 to property that is located in the watershed of a body of water most at risk as identified in the department's storm water rules adopted pursuant to section 420-D and that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8. This paragraph applies on and after July 1, 2010 to other property that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8.
Sec. 2. 38 MRSA §436-A, sub-§1-A is enacted to read:
1-A. Basement. "Basement" means any portion of a structure with a floor-to-ceiling height of 6 feet or more and having more than 50% of its volume below the existing ground level.
Sec. 3. 38 MRSA §439-A, sub-§4-A is enacted to read:
4-A. Alternative expansion requirement. Notwithstanding subsection 4, a municipality may adopt an ordinance pursuant to this subsection that permits expansions of principal and accessory structures that do not meet the water setback requirements approved by the Board of Environmental Protection if the ordinance is no less restrictive than the requirements in this subsection.
A. All new principal and accessory structures, excluding functionally water-dependent uses, must meet the water setback requirements approved by the Board of Environmental Protection. An expansion of a legally existing nonconforming structure pursuant to this subsection may not create further nonconformity with the water setback requirement.
B. Expansion of any portion of a structure within 25 feet of the normal high-water line of a water body or upland edge of a wetland is prohibited, even if the expansion will not increase nonconformity with the water setback requirement. Expansion of an accessory structure that is located closer to the normal high-water line of a water body or upland edge of a wetland than the principal structure is prohibited, even if the expansion will not increase nonconformity with the water setback requirement.
C. Legally existing nonconforming principal and accessory structures that do not meet the water setback requirements may be expanded or altered as follows, as long as other applicable standards of land use adopted by the municipality are met and the expansion is not prohibited by paragraph A or B.
(1) For structures located less than 75 feet from the normal high-water line of a water body or upland edge of a wetland, the maximum combined total floor area for all structures is 1,000 square feet, and the maximum height of any structure is 20 feet or the height of the existing structure, whichever is greater.
(2) For structures located less than 100 feet from the normal high-water line of a great pond classified as GPA or a river flowing to a great pond classified as GPA, the maximum combined total floor area for all structures is 1,500 square feet, and the maximum height of any structure is 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet from the normal high-water line or upland edge of a wetland must meet the floor area and height limits in subparagraph (1).
Existing principal and accessory structures that exceed the floor area or height limits under this paragraph may not be expanded, except as provided in paragraph E.
For the purposes of this paragraph, a basement is not counted toward floor area.
D. When a basement is added to an existing structure or when a basement is constructed as part of a reconstruction or replacement structure, the structure and the basement must be placed so that the setback is met to the greatest practical extent, as determined by the municipal planning board or, if authorized by the municipal planning board, the certified code enforcement officer.
E. A municipality may permit an expansion that causes the maximum floor area limits established in paragraph C to be exceeded by not more than 500 square feet if:
(1) The principal structure is set back at least 50 feet from the normal high-water line of a water body or upland edge of a wetland;
(2) An existing well-distributed stand of trees and other vegetation, as defined in the minimum guidelines adopted by the Board of Environmental Protection, extends at least 50 feet inland from the normal high-water line or upland edge of a wetland for the entire width of the property or, if such a stand is not present, a written plan by the
property owner to reestablish a buffer of native trees, shrubs and other ground cover within 50 feet of the shoreline is approved by the municipal planning board. The plan must be implemented at the time of construction and must be designed to meet the minimum guidelines adopted by the Board of Environmental Protection as the vegetation matures. Rules adopted pursuant to this subparagraph are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A; and
(3) The municipal planning board approves a written mitigation plan. The plan must be developed, implemented and maintained by the property owner. A mitigation plan must provide for the following mitigation measures.
(a) Unstabilized areas resulting in soil erosion must be mulched, seeded or otherwise stabilized and maintained to prevent further erosion and sedimentation to water bodies and wetlands.
(b) Roofs and associated drainage systems, driveways, parking areas and other nonvegetated surfaces must be designed or modified, as necessary, to prevent concentrated flow of storm water runoff from reaching a water body or wetland. Where possible, runoff must be directed through a vegetated area or infiltrated into the soil through the use of a dry well, stone apron or similar device.
The written plans required pursuant to subparagraphs 2 and 3 must be filed in the registry of deeds of the county in which the property is located.
A copy of all permits issued pursuant to this paragraph must be forwarded by the municipality to the department within 14 days of the issuance of the permit.
Sec. 4. 38 MRSA §488, sub-§15, as corrected by RR 1995, c. 2, §97, is amended to read:
15. Exemption for former military bases. Development on a military base at the time ownership of the military base is acquired by a state or local development authority is exempt from review under this article. Subsequent transfer of ownership of a former military base or any portion of a former military base by a state or local development authority to another entity does not affect the exemption granted under this subsection. Development proposed or occurring on a former military base after ownership of the military base is acquired by a state or local development authority is subject to review under this article, except that section 482, subsection 2, paragraph E does not apply to the development to the extent that the development reuses a building and associated facilities in existence on September 29, 1995.
For purposes of this subsection, "military base" means all property under the ownership or control of a federal military authority prior to the acquisition of ownership by a state or local development authority, the ownership of which is subsequently acquired by a state or local development authority. For purposes of this subsection, "ownership" means a fee interest or leasehold interest in property.
Sec. 5. Reports; nonpoint source pollution. By January 15, 1999, the Department of Environmental Protection shall submit the following reports to the joint standing committee of the Legislature having jurisdiction over natural resources matters. In developing these reports, the department shall consult with interested persons and relevant state agencies.
1. The department shall submit a report that includes an evaluation of options and recommendations for improving the implementation and maintenance of buffer strips along water resources, including small streams, except that the report may not address buffer strips on land used for agricultural or silvicultural activities. The department shall consider both regulatory and nonregulatory approaches and shall evaluate at least the following options: changes to the mandatory shoreland zoning laws to include first order streams in the shoreland zone and changes to the natural resources protection laws to apply those laws to the cutting of vegetation adjacent to streams.
2. The department shall submit a report, in cooperation with the Department of Human Services, that includes an evaluation of options and recommendations for identifying and facilitating the upgrade or replacement of substandard subsurface disposal systems. The report must include a recommendation on whether a program for identifying and upgrading or replacing substandard subsurface disposal systems should be limited to systems located in the shoreland zone associated with great ponds or should include other shoreland areas, particularly those abutting clam flats and other shellfish harvesting areas.
3. The department shall evaluate the availability of nonphosphorous fertilizer for use on lawns and other domestic areas and recommend measures for increasing consumer use of nonphosphorous fertilizers.
The joint standing committee of the Legislature having jurisdiction over natural resources matters may
report out legislation to the First Regular Session of the 119th Legislature regarding buffer strips along water resources and substandard subsurface disposal systems.
Sec. 6. Report; erosion control. By January 15, 2004, the Department of Environmental Protection shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters regarding compliance with the Maine Revised Statutes, Title 38, section 420-C. The report must evaluate past and projected compliance with the erosion control laws and may include recommendations regarding staffing requirements necessary to ensure compliance with section 420-C.
The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation to the Second Regular Session of the 121st Legislature regarding compliance with the erosion control laws.
Sec. 7. Report; shoreland zoning. By January 15, 2003, the Department of Environmental Protection shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters regarding compliance with the Maine Revised Statutes, Title 38, section 439-A, subsection 4-A. The report must evaluate use of and compliance with the alternative expansion provisions of that subsection and evaluate the environmental benefit of the provisions in comparison with the measures permissible under Title 38, section 439-A, subsection 4.
Effective July 9, 1998, unless otherwise indicated.
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