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.