An Act To Amend the Shoreland Zoning Laws To Exempt Certain Walkways and Trails from Setback Requirements
Sec. 1. 38 MRSA §439-A, sub-§4-C is enacted to read:
(1) The walkway or trail is adjacent to a segment of a river that is located within the boundaries of a downtown revitalization project;
(2) If cantilevered over a segment of river, the walkway or trail does not extend over the river more than 10 feet from the normal high-water line;
(3) If cantilevered over a segment of river, the walkway or trail is attached to a structure that was constructed prior to 1971 and is located within a downtown revitalization project;
(4) If the walkway or trail is cantilevered over a segment of river, the municipal planning board has determined there is no other practical means to construct the walkway or trail without cantilevering over that segment of the river. If there are no other practical means to construct the walkway or trail, approaches to the cantilevered walkway or trail may also cantilever off adjacent retaining walls but no more than is necessary to access the cantilevered walkway or trail; and
(5) The walkway or trail is publicly owned and maintained as evidenced by a legally recorded deed or easement.
SUMMARY
This bill exempts the construction of a walkway or trail from certain water and wetland setback requirements if the walkway or trail will be adjacent to a segment of a river located within a downtown revitalization project and the walkway or trail meets other specified requirements.