Concurrent Session D. Circa 1971: Efficacy of Shoreland Zoning in Protecting Water Resources

Afternoon Session

* 2 Training Contact Hours are available for this session.
* 2 AICP CM credits are available for this session.

This session will explore Maine’s Mandatory Shoreland Zoning Act, including a review of the current standards and exploration of the ecological justification for shoreland zoning by Maine Department of Environmental Protection staff, including changes to the rule which became effective in January 2015. These standards are one of the main pillars of regulation which protect water resources in the state, serving as a model for other states. With climate change driving declines in water quality, what more can be done to protect Maine’s sensitive and valuable water resources?

Session Co-chairs
Garrison Beck
Director of Water Conservation, Midcoast Conservancy

Jeremy Deeds
Lake Assessment Program, Maine Department of Environmental Protection

Speakers:

1:30pm – 2:25pm

How the State of Maine works with municipalities to protect Maine’s resources

Colin Clark1, Nick Adams2, Andrew Marble3
1 Maine Department of Environmental Protection; Colin.A.Clark@Maine.Gov
2 Code Enforcement Officer, Town of Poland
3 Code Enforcement Officer, Town of Rome & Smithfield

The Maine Shoreland Zoning Act (SZA) enacted in 1971 established an ongoing relationship between Municipalities and the State to work together to protect Maine’s resources. Through the SZA and Chapter 1000 Guidelines for Municipal Shoreland Zoning Ordinances (Chapter 1000) developed at the State level and municipalities adopting local ordinances based on these regulations development along the State’s resources is done in such a way to reduce impact to those resources. The collaborative work between the municipalities and the state Maine has become the model for other states to follow when they consider adopting their own regulations. This presentation will discuss the development of state regulations, the approval process of local ordinances, and the coordinated effort between state government and local municipalities in administering and enforcing the regulations in order to protect the adjacent resources.

2:30pm – 3:00pm
Afternoon Break

3:00pm – 3:25pm

The Ecology of Shoreland Zoning: How the law protects Maine’s Lakes

Jeremy Deeds
Maine Department of Environmental Protection; jeremy.deeds@maine.gov

Maintaining natural vegetation along lakeshores can moderate some effects of human development by reducing erosion, lessening phosphorus runoff, and providing some of the underwater structure (woody habitat, leaf litter) that lake life depends upon. The Maine Shoreland Zoning Act (SZA) was enacted in 1971 in order to protect Maine’s lakes from unmitigated shoreland development. Some 40 years later, recent research has reaffirmed the importance of this law with respect to the protection of shallow water (littoral) habitat. The importance of the SZA is underscored when littoral habitat in Maine is compared with littoral habitat in Vermont, where shoreland protection legislation was only enacted in 2014. This presentation will discuss the results of these studies, the science behind the SZA, and current littoral habitat research in Maine lakes.

3:30pm – 3:55pm

Tactics to Improve the Efficacy of Shoreland Zoning

Colin Holme
Lakes Environmental Association; colin@leamaine.org 

Maine’s shoreland zoning regulations have provided a layer of protection around the state’s lakes that have helped them largely remain clear and pristine. While not perfect, these regulations have the capability to buffer lakes from the effects of development, reduce invasive plant infestations and provide habitat for wildlife in and around the water.

Although Shoreland Zoning ordinances are primarily uniform and the existing regulations are fairly comprehensive, there is still room for improvement in several key areas. Firstly, administration and enforcement is widely variable from town to town. While there are many reasons for this inconsistency, simple steps are already available that can be taken to help ensure these rules are carried out in a more uniform manner. Specific actions will be discussed that range from minor ordinance changes at the local (or state) level to background documentation work that can be done by the town or other interested organizations. Secondly, there is a knowledge gap that needs to be overcome with shoreland owners. A strong need for simplified but accurate shoreland zoning messaging exists so that these regulations are available and accessible to all. Strategies for translating and disseminating this information will be discussed. Lastly, shoreland zoning standards will be examined to look at existing development trends, underused standards and potential modifications.