Legislation

Managing Your Property

What restrictions and ordinances must you follow before making changes to your land or property within the watershed? Numerous state and local ordinances require permits, may limit, or prohibit some activities. Please keep in mind that these environmental laws are designed to protect the natural resources of lakes and rivers and, consequently, everyone's investment in their land. This Web site will help you become familiar with your responsibilities under various laws and will link you to other important Web sites for more information.

When planning changes to your buildings or land, your first contact should be the code enforcement officer (CEO) in the town where your property lies. The CEO is aware of building codes and environmental laws that may affect your project. Remember that the permit/review process by the local planning board or Department of Environmental Protection may take significant time. Building permits are required in all towns. The town office can tell you when the CEO is available to meet with you.

Town offices and CEO's

Summaries of laws that may effect land use

Each town has its own building codes that must be followed, as well as state plumbing requirements. The starred laws ("*") affect most landowners. For more information, call the DEP at 207-287-2111 or visit their Web site (see 'Additional Links' page for site link.)

State environmental laws that may determine how you alter and use your property are:

• Shoreland Zoning*- enacted in the early 1970's with towns enacting their own versions that are at least as strict as the State's. This law defines and restricts activities within 250 feet of lakes, ponds, rivers, coastal and freshwater wetlands, and at least 75 feet from certain streams. The local ordinance may be obtained through the town's office.
• Natural Resources Protection Act*- (NRPA) - regulates disturbing soil, placing fill, dredging, draining and building structures in, on, over, or adjacent to water bodies, including those stream or brook channels flowing year round or 3 months a year. Activities may require permit-by-rule (PBR) or full permitting.
• Protection and Improvement of Water Law*- regulates activities which discharge or could potentially discharge materials (pollutants) into water bodies. Section 413 requires that a license be obtained before directly or indirectly discharging any pollutant. The law addresses the impact, not the location, of an activity.
• Erosion and Sedimentation Control Law*- requires erosion control for any activity filling, displacing, or otherwise disturbing soil.
• Manure spreading - prohibits spreading of manure on frozen ground.
• Nutrient Management Act - creates a program to promote the responsible use of farm nutrients.
• Performance Standards for Excavation of Borrow, Clay, Topsoil, or Silt - requires excavation of 5 or more acres to meet specified standards.
• Performance Standards for Quarries - requires quarries of more than 1 acre or sites which propose underground blasting to meet specified standards.
• Site Location of Development Law - requires certain types/sizes of development to meet several statutory standards, such as financial/technical capacity, traffic, stormwater/erosion control environment, historic sites, existing uses, and flooding.
• Stormwater Management Law* - requires certain projects to meet stormwater quantity and quality standards.
• Protection and Improvement of Waters Law - regulates activities which may discharge materials into waters of the State.
• Seasonal Conversion Law - regulates the conversion of seasonal dwelling within the shoreland zone to year round use

For plumbing questions, the local CEO officer is your first contact. For more information, contact the Wastewater and Plumbing Control Program at the Department of Human Services at 207-287-5672 or visit their Web site on the 'Additional Links' page.

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A Sampling of Activities That Are Regulated

The following are examples of activities, the laws which cover the activity and the contact agency or individual. The information is taken from A Homeowner's Guide to Environmental Laws Affecting Shorefront Property in Maine's Organized Towns, published in Nov. 2000, by the DEP.

• Cutting of trees along the shoreline and pulling stumps - Shoreland Zoning, Natural Resources Protection Act (NRPA), Erosion and Sedimentation Control Law - CEO, DEP
• Installation of a new septic system - Plumbing Code, Shoreland Zoning, Erosion and Sedimentation Control Law - Town Plumbing Inspector, CEO
• Construction/external modification of a building - Shoreland Zoning, Plumbing Code, NRPA, Erosion & Sedimentation - CEO, Plumbing Inspector, Planning Board, DEP
• Boat ramps - Shoreland Zoning, NRPA, Erosion & Sedimentation - DEP, Planning Board
• Placement of stairs down to the shoreline - Shoreland Zoning, NRPA - CEO, DEP, Planning Board
• Expanding or enclosing a deck - Shoreland Zoning, Erosion & Sedimentation - CEO, Planning Board
• Clearing of rocks and vegetation along the shore - NRPA, Shoreland Zoning - CEO, DEP
• Shoreline stabilization - Shoreland Zoning, NRPA, Erosion & Sedimentation - CEO, Planning Board
• Conversion of a seasonal dwelling to a year round home - Seasonal Conversion Law - Town Plumbing Inspector
• Construction of a dwelling - Shoreland Zoning, Plumbing Code, NRPA, Erosion & Sedimentation - CEO, Plumbing Inspector, DEP, Planning Board
• Installation of a permanent dock - NRPA, Shoreland Zoning, Erosion & Sedimentation - DEP, Planning Board
• Installation of a temporary dock - Shoreland Zoning - CEO

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Local Contractors who have attended DEP/DLWA Sponsored 'Best Practices' Workshops

The DLWA has sponsored a number of workshops for local contractors. The workshops provided important training and information. The contractors who have been awarded certificates for attending include:

Additional Links:

Click here for additional links in this section.

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