HP0489, LD 713, item 1, Resolve, To Further Protect Lake Water Quality

Resolve, To Further Protect Lake Water Quality

Sec. 1. Department of Environmental Protection; shoreland zoning rules. Resolved: That the Department of Environmental Protection shall, as soon as practicable, amend its Rule Chapter 1000: Guidelines for Municipal Shoreland Zoning Ordinances in effect on the effective date of this resolve to reflect the following changes:

1. The rules must require that all new principal and accessory structures using solid wall foundations be set back at least 112 feet, horizontal distance, from the normal high-water line of great ponds classified GPA, rivers that flow to great ponds classified GPA, the upland edge of any wetland contiguous to great ponds classified GPA and the upland edge of any wetland contiguous to rivers that flow to great ponds classified GPA;

2. The rules must require that one of the following methods of phosphorus mitigation be employed if the footprint of any structure is enlarged within the setback area:

A. The retention of an existing undisturbed natural wooded buffer strip between the structure and the water body at least 50 feet in depth;

B. The creation of a 50-foot natural wooded buffer strip by allowing a 50-foot strip of land to revert to natural vegetation. The rules must require natural woody vegetation to be planted within the strip if lacking; or

C. The construction of an infiltration system designed to accommodate the runoff from the entire structure that would be generated by a 24-hour, 2-inch rainfall. The rules must require that this system be approved by a code enforcement officer prior to construction; and

3. The rules must require that the following provisions be met for the location of wells within the setback area:

A. The access corridor for equipment does not exceed 20 feet in width and follows any existing or proposed footpath. The rules must require that a code enforcement officer approve expansion of the 20-foot limit, but only to the minimum extent necessary to provide reasonable access for equipment;

B. All slag is removed from the ground, no erosion occurs as a result of construction and no sediment enters any adjacent body of water as a result of construction; and

C. All areas not covered by the footpath are immediately stabilized and fully revegetated within 9 months; and be it further

Sec. 2. Stakeholder group; report. Resolved: That the Commissioner of Environmental Protection shall convene a stakeholder group to conduct a study regarding the Department of Environmental Protection's Rule Chapter 1000: Guidelines for Municipal Shoreland Zoning Ordinances in effect on the effective date of this resolve. The commissioner or the commissioner's designee shall serve as chair of the stakeholder group and, at a minimum, invite the participation of representatives of lake associations, municipalities, real estate brokers and developers, foresters and environmental protection advocacy organizations. The department shall provide staffing support to the stakeholder group. The stakeholder group shall review the department's shoreland zoning rules in effect between January 1, 2005 and the effective date of this resolve to evaluate the effectiveness of those rules in protecting and preserving the habitat, environment and resources within the shoreland zone and in regulating land use activities within the shoreland zone and may develop recommendations for amending the shoreland zoning rules in effect on the effective date of this resolve to better preserve and protect resources and regulate activity within the shoreland zone. The commissioner shall report the stakeholder group's findings and recommendations, including any proposed implementing legislation, to the Joint Standing Committee on Environment and Natural Resources by January 1, 2016. The committee may report out a bill relating to those recommendations to the Second Regular Session of the 127th Legislature.

summary

This resolve directs the Department of Environmental Protection to, as soon as practicable, amend its Rule Chapter 1000: Guidelines for Municipal Shoreland Zoning Ordinances in effect on the effective date of this resolve to reflect a number of changes, including changes to setbacks for new principal and accessory structures, phosphorus mitigation requirements in conjunction with the expansion of the footprint of a structure within the setback area and requirements for the location of wells within the setback area. The resolve also directs the Commissioner of Environmental Protection to convene a stakeholder group to conduct a study regarding the effectiveness of the department's shoreland zoning rules since January 1, 2005 and to report its findings and any recommendations for legislation to the Joint Standing Committee on Environment and Natural Resources by January 1, 2016. The committee may report out a bill relating to those recommendations to the Second Regular Session of the 127th Legislature.

HP0489 LD 713	Session - 127th Maine Legislature		LR 1558 Item 1
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