Maine state law: Coastal Development — 38 MRS § 1801 Coastal Management Policies + Mandatory Shoreland Zoning

Maine's coastal development framework rests on multiple overlapping statutes. (1) 38 MRS § 1801 (Findings and declaration of coastal management policies) declares that 'state and local agencies that have responsibility for regulating, planning, developing or managing coastal resources shall conduct their activities affecting the coastal area consistent with' nine enumerated policies — port and harbor development; marine resource management; protection of scenic and natural areas; restoration and maintenance of water quality; protection of coastal hazard areas; and others. § 1801 is the Maine statute the federal Coastal Zone Management Act (16 U.S.C. § 1451 et seq.) implements; the federally approved Maine Coastal Program is housed at the Maine Department of Marine Resources and exercises federal consistency review over federal agency actions, permits, and grants affecting the coastal area. (2) The Mandatory Shoreland Zoning Act, 38 MRS § 435 et seq., requires EVERY Maine municipality to adopt and enforce shoreland zoning within 250 feet (horizontal distance) of the normal high-water line of any great pond, river, freshwater wetland, or tidal water (and within 75 feet of streams). The state Shoreland Zoning Standards (06-096 CMR Chapter 1000) set a 75-foot structure setback (standard), minimum lot sizes, a vegetated buffer, impervious-surface caps, and restrictions on nonconforming-structure expansion (38 MRS § 439-A). (3) The Natural Resources Protection Act, 38 MRS § 480-A et seq., requires a Maine DEP permit for any activity that 'alters' a coastal wetland, coastal sand dune system, fragile mountain area, freshwater wetland, great pond, river/stream/brook, or significant wildlife habitat. (4) Submerged-lands leasing of state-owned intertidal and submerged coastal land is administered under 12 MRS § 1862 by the Maine Bureau of Parks and Lands. The Maine Coastal Sand Dune Rules (06-096 CMR Chapter 355) impose strict prohibitions on construction in V-zones and in the frontal-dune system under projected sea-level-rise scenarios.

NRPA (38 MRS § 480-A et seq.) violations carry administrative civil penalties up to $25,000 per day per violation under 38 MRS § 349, plus restoration orders and injunctive relief. Shoreland zoning violations are enforced by the certified municipal CEO under 30-A MRS § 4452 with penalties of $100-$2,500 per first violation and $500-$25,000 for subsequent violations. Coastal sand dune violations may also trigger criminal liability for knowing/intentional conduct. The Maine Attorney General prosecutes serious environmental violations.