from Chapter 1000: GUIDELINES FOR MUNICIPAL SHORELAND ZONING ORDINANCES
This publication is presented for "Classroom Use Only." Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.
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 - Requires permit issued by the Planning Board
CEO - Requires permit issued by the Code Enforcement Officer
LPI - Requires permit issued by the Local Plumbing Inspector
Abbreviations:
RP - Resource Protection GD - General Development
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 shorefront parks. Communities are encouraged to define the functionally water-dependent uses which are to be permitted 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 permitted 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 USES DISTRICT
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 | yes | yes | yes | yes | yes | yes |
| 4. Timber harvesting | yes | CEO1 | yes | yes | yes | yes |
| 5. Clearing of vegetation for approved construction and other allowed uses | 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 | yes2 | 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 |
PB4 | PB9 | CEO | CEO | CEO | no |
| B. Multi-unit residential | no | no | PB | PB | PB | no |
| C. Commercial | no | no | no | PB | PB | PB5 |
| D. Industrial | no | no | no | no | PB | PB5 |
| E. Governmental and Institutional | no | no | no | 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 |
CEO PB |
CEO PB |
CEO PB |
CEO PB |
CEO PB |
CEO PB5 |
| 18. Conversions of seasonal residences to year-round residences | LPI | LPI | LPI | LPI | LPI | no |
| 19. Home occupations | PB | no | 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 |
| 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 & driveway construction | PB | no8 | PB | PB | PB | PB5 |
| 27. Parking facilities | no | no7 | PB | PB | PB | PB5 |
| 28. Marinas | PB | no | PB | PB | PB | PB |
| 29. Filling and earth moving of <10 cubic yards | CEO | CEO | yes | yes | yes | yes |
| 30. Filling and earth moving of >10 cubic yards | PB | PB | CEO | CEO | CEO | CEO |
| 31. Signs | yes | yes | yes | yes | yes | yes |
| 32. Uses similar to allowed uses | CEO | CEO | CEO | CEO | CEO | CEO |
| 33. Uses similar to uses requiring a CEO permit | CEO | CEO | CEO | CEO | CEO | CEO |
| 34. Uses similar to uses requiring a PB permit | PB | PB | PB | PB | PB | PB |
1In RP not permitted within 75 feet of the normal high-water line of great ponds, except to remove safety hazards.
2Requires permit from the Code Enforcement Officer if more than 100 square feet of surface area, in total, is disturbed.
3In RP not permitted in areas so designated because of wildlife value.
4Provided that a variance from the setback requirement is obtained from the Board of Appeals.
5Functionally water-dependent uses and uses accessory to such water dependent uses only (See note on previous page).
6See further restrictions in Section 15(L)(2) on page 20.
7Except when area is zoned for resource protection due to flood plain criteria in which case a permit is required from the PB.
8Except to provide access to permitted uses within the district, or where no reasonable alternative route or location is available outside the RP area, in which case a permit is required from the PB.
9Single family residential structures may be allowed by special exception only according to the provisions of Section 16E, Special Exceptions. Two-family residential structures are prohibited.
NOTE: A person performing any of the following activities shall require a permit from the Department of Environmental Protection, pursuant to Title 38 M.R.S.A., Section 480-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.