Management Plan - National Estuarine Research Reserve System

Appendix E—Located in, on or over any protected natural resource, or—Located adjacent to (A) a coastal wetland, great pond, river, stream or brook or significant wildlifehabitat contained within a freshwater wetland, or (B) certain freshwater wetlands.An “activity” is (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, repair or alteration of any permanent structure.Shoreland Zoning LawThis law focuses upon areas near great ponds, rivers and larger streams, coastal areas, and wetlands.The Shoreland Zoning law helps to accomplish the following goals: prevent and control water pollution;protect fish spawning grounds, bird and wildlife habitat; protect buildings and lands from floodingand accelerated erosion; protect archeological and historic resources; to protect commercial fishingand maritime industries; protect freshwater and coastal wetlands; control building sites, placement ofstructures and land uses; conserve shore cover, and visual as well as actual points of access to inland andcoastal waters; conserve natural beauty and open space; and anticipate and respond to the impacts ofdevelopment in shoreland areas.The Shoreland Zoning law requires that municipalities protect shoreland areas through adopting shorelandzoning maps and ordinances. Zoning ordinances provide for what types of activities can occur in certainareas. For example, they address building size and setbacks, and the establishment of resource protection,general development, residential, and other zones. Shoreland areas include areas within 250 of the normalhigh-water line of any great pond, river or saltwater body, areas within 250 feet of the upland edge ofa coastal wetland, areas within 250 feet of the upland edge of a freshwater wetland except in certainsituations, and areas within 75 feet of the high-water line of a stream.The law is primarily administered through each municipality, and the local code enforcement officer isusually the first point of contact on shoreland zoning issues. The MDEP also has a Shoreland Zoning Unit.Stormwater Management LawThe Stormwater Program works toward protecting and restoring surface and groundwater impacted bystormwater flows. Stormwater runoff from developed areas in watersheds carries pollutants, and affectsthe rates and volumes of flows in natural water bodies in ways that can cause damage. Every citizenand visitor of Maine has a role in reducing impacts from stormwater runoff, from the large developerconstructing a new parking lot, to the homeowner using good erosion control methods and handlingchemicals carefully around the house.The Stormwater Program athe Maine Department of Environmental Protedtion includes the regulationof stormwater under two core laws: The Site Location of Development law (noted above) and StormwaterManagement Law. Aspects of stormwater are also addressed under industry specific laws such as theborrow pit and solid waste laws, and the rules administered by the Land Use Regulation Commission.DEP also regulates stormwater discharges under the Waste Discharge Law, primarily through the use ofgeneral permits.Erosion and Sedimentation Control LawThe erosion control law has a brief and basic standard requiring that a person who conducts an activityinvolving filling, displacing or exposing earthen materials take measures to prevent unreasonable erosionof soil or sediment beyond the project site or into a protected natural resource. Erosion control measures190 Wells National Estuarine Research Reserve