Maine Statewide Rule
Maine state law: Coastal Development, 38 MRS § 1801 Coastal Management Policies + Mandatory Shoreland Zoning
Key Facts
- Coastal Policy Statute
- 38 MRS § 1801
- Federal Authority
- Coastal Zone Management Act of 1972
- Shoreland Zone Width
- 250 ft from protected waters
- Standard Setback
- 75 ft (38 MRS § 439-A)
- NRPA Permit Statute
- 38 MRS § 480-A et seq.
- Sand Dune Rule
- 06-096 CMR Ch. 355
- State Coastal Program
- Maine DMR
Summary
Maine coastal development is governed by 38 MRS § 1801 (Coastal Management Policies declared under the federal Coastal Zone Management Act of 1972), the mandatory Shoreland Zoning Act at 38 MRS § 435 et seq. (250-foot zone with 75-foot setback and vegetated buffer), and the Natural Resources Protection Act (38 MRS § 480-A et seq.) for any work in, on, or over coastal wetlands or sand dunes. Federal consistency review is administered by the Maine Coastal Program at the Maine Department of Marine Resources.
1. Prohibition. A person may not perform or cause to be performed any activity listed in subsection 2 without first obtaining a permit from the department if the activity is located in, on or over any protected natural resource or is located adjacent to any of the following: A. A coastal wetland, great pond, river, stream or brook or significant wildlife habitat contained within a freshwater wetland
Full Breakdown
Maine's coastal development framework rests on multiple overlapping statutes. ) 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. , 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).
, 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.
Violations & Penalties
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.
Frequently Asked Questions
What is Maine's mandatory shoreland zoning?
Do I need a state permit to build a dock or seawall in Maine?
What is 38 MRS § 1801?
Sources
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