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Old 12-31-2007, 09:22 AM
 
Location: Forests of Maine
29,752 posts, read 47,576,640 times
Reputation: 17632

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I did not realise that the state of Maine held such control over the issue of shoreland.

I was mistaken, so I apologize.

I have owned other properties, and I have field for, and gotten planning variances before; so I assumed that such could be done here as well.

Thank you, all for enlightening me.
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Old 12-31-2007, 09:22 AM
 
Location: Casco, Me. and Gray, Me.
73 posts, read 131,886 times
Reputation: 37
Under no circumstances would I proceed without the proper permits from the CEO. In resource protection or shore land zoning they WILL make you take it down.
I have to say this quote is the best advice you have. The fines are substantial as was said earlier. There are many laws when it comes to the shorelands, vernal pools, etc. The 30 % is a one time option as was stated before.
Have you spoken with your COE to discuss your options?
Good luck
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Old 12-31-2007, 10:27 AM
 
2,352 posts, read 5,354,597 times
Reputation: 3856
Quote:
Originally Posted by dmyankee View Post
Does anyone know the exact terminology regarding stream front?
Typically a stream falls under the resource protection law, which has a setback of 75'.
You must check the state maps for your particular site to determine if the stream you propose to build near has other restrictions like wetlands to determine the exact setbacks.
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Old 12-31-2007, 10:45 AM
 
Location: Northern Maine
9,527 posts, read 14,325,308 times
Reputation: 9019
You can usually expand a building within the shoreland zone setback by 30% square footage or 30% volume, whichever is less. You can't just add a second floor for example. You might be able to do this once. I say 'might' because the rule follows the property and the significant date is September 23, 1973. That's the date Maine's land use law went into effect. (It is also when the Democrats took over and freedom has gone down hill ever since.) If your building has had 30% added on at any time since 1973 you are done. You can't add on to it. There are very few exceptions and they are complicated. If anybody has specific questions I can answer them.

As a general rule, streams have a shoreland zone of 75 feet from the high water mark. Small ponds of less than 10 acres are the same. Great ponds over 10 acres have a 250 foot shoreland zone. They have a 100 foot setback unless the town has a stricter rule. Some towns love to enact rules so many towns are different. Check before buying, not after you buy.

We have another new law regarding vernal pools. These are depressions in the ground that don't drain well as snow melts in the spring. If a frog or salamander likes it your vernal pool could be "significant". How can you tell? You hire an expert to wade around in it during the third week of May to look for egg masses. If you miss one year you must wait until the next year for your building permit. By the way, the protected zone around a vernal pool is 250 feet. This can be 6.5 acres you can't use on your property. Hey, I can't make this stuff up. Only Augusta can make up rules like this.

How well do you know your neighbors? We are seeing some home owners testing their neighbor's vernal pools so they can prevent their neighbor from building and changing their view. How would you like to have one of these environmental radicals next door.

There are more restrictive rules on "significant river segments".
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Old 12-31-2007, 10:51 AM
 
Location: God's Country, Maine
2,052 posts, read 3,978,476 times
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What if one wanted to torch the place and use the original footprint? Would they have to use a different part of the lot?
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Old 12-31-2007, 12:41 PM
 
Location: maine/alabama
169 posts, read 478,827 times
Reputation: 161
good point on the vernal pools NMLM..........one other little known point about those vernal pools is that the vernal pools on large paper company lands were excepted by these rules so that no large legal firm hired by the paper companies would come in and put a stop to what they could foist off on ordinary citizens.

we could talk also about the "emergency" bill that was passed almost unanimously (the one legislator who voted against it wanted to make it more stringent) last fall. it was the so called "bird bill" that imposed crippling setbacks in areas where birds fed or roosted, thereby robbing the value of a lot of land in washington county where the last of the maine natives have been able to hang on to family shoreland.

needless to say, they rose up in arms and another emergency bill was passed rescinding and modifying most of it. i won't mention the name of the rep in district 35 who pushed it through while lying to everyone within earshot that it was going to be "voluntary". that same rep chairs the environmental committee in augusta and is also on the statewide board of the audubon society.

on the other hand NMLM, i hear the dems got the upper hand due to the cozy relationship between the monied paper companies and the republican legislators who allowed them to continously dump their filth in the local rivers. i have no interest in taking partisan sides on any of that stuff as neither side will ever protect the interests of ordinary citizens................ergo, term limits
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Old 12-31-2007, 01:11 PM
 
Location: Northern Maine
9,527 posts, read 14,325,308 times
Reputation: 9019
If your building burns down you are limited to rebuilding only 30% bigger than the original, unless you put in a complete approved septic system. Then you can go to 1,000 square feet. If you plant bushes along the shoreline and don't have a lawn you can go to 1,500 square feet. Most towns allow this. You must check your town because some towns compete with Augusta for regulations and are much more restrictive.
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Old 12-31-2007, 02:03 PM
 
Location: Gorham, Maine
1,817 posts, read 4,274,344 times
Reputation: 1240
[quote=Northern Maine Land Man;2375298]

We have another new law regarding vernal pools. These are depressions in the ground that don't drain well as snow melts in the spring. If a frog or salamander likes it your vernal pool could be "significant". How can you tell? You hire an expert to wade around in it during the third week of May to look for egg masses. If you miss one year you must wait until the next year for your building permit. By the way, the protected zone around a vernal pool is 250 feet. This can be 6.5 acres you can't use on your property. Hey, I can't make this stuff up. Only Augusta can make up rules like this.

QUOTE]

The town of Standish purchased (or I should say the taxpayers of the town of Standish) property for a community center with guess what? That's right, vernal pools, and now they can't build what they wanted to build on it.
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Old 12-31-2007, 02:54 PM
 
Location: Northern Maine
9,527 posts, read 14,325,308 times
Reputation: 9019
A well known environmental group decided to remove a dam with the landowner's permission. The dam was well over 100 years old and the impoundment (pond) went back over a mile. It provided exellent views for the abutting property owners and passers by. It provided excellent habitat for numerous aquatic species. The townspeople wanted to keep the dam as it had been for all of their lives.

The environmentalists hired a contractor. A couple of townspeople called me for help. They knew I had been down this road before. I asked them if the environmentalists had obtained a permit from the town planning board for this construction in the shoreland zone. They had not. I recommended a course of action.

One sunny morning a construction crew showed up and unloaded a very large excavator. The code enforcement officer told the operator he could not go closer than 75 feet from the stream nor could he disturb the dam in any way. In addition if he violated that ordinance he would be cuffed and taken to jail immediately and another company would be hired to remove the equipment at considerable expense. A deputy sheriff stood beside the code enforcement officer nodding his head.

Know your ground.
Stand your ground.
The dam is still there.
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Old 12-31-2007, 03:38 PM
 
21 posts, read 62,590 times
Reputation: 19
until the building comes into compliance....... May mean you have to tear the addition down
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