HP0291
LD 400
Session - 128th Maine Legislature
 
LR 933
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act Regarding the Construction or Placement of Decks within the Shoreland Zone

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA §439-A, sub-§10  is enacted to read:

10 Decks.   A municipality may adopt an ordinance pursuant to this subsection that allows the construction or placement of a deck within the setbacks established pursuant to subsection 4 if the following requirements are met:
A The deck is for residential use or storage of portable docks and small watercraft;
B The deck or construction or placement of the deck does not create a cleared opening greater than 250 square feet in the forest canopy;
C The deck does not exceed 192 square feet in area;
D The deck does not extend over the water body or wetland; and
E No portion of the deck, including any deck support, extends into the water body or wetland.

A person who applies for a permit under an ordinance adopted pursuant to this subsection must receive that permit prior to applying to the department for a permit under the Natural Resources Protection Act.

SUMMARY

This bill allows municipalities to adopt ordinances that allow the construction or placement of a deck within the setbacks established pursuant to the laws governing shoreland zoning as long as certain requirements are met.


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