Shoreland Zoning Affects Timber Harvesting Statewide

 by Mike Maines

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     Shoreland zoning laws help to keep our waters clean; at least that’s the intent. This set of laws, as it relates to timber harvesting, sets standards for how much wood can be cut near water bodies and water courses, how skid trails and landings can interact near water, and also covers shoreland area integrity and sedimentation, slash treatment, road construction and water crossings. 

     Shoreland zoning laws apply to all parts of Maine, with some variations. Unorganized townships are now overseen by the LUPC (Land Use Planning Commission), formerly Land Use Regulatory Commission (LURC.)  Shoreland zoning in the unorganized territory is governed by Maine Forest Service Chapter 27 rules.  As of January 1, 2013, municipalities in Maine could choose between their existing shoreland ordinance and a statewide standard overseen by the Maine Forest Service. Many municipalities adopted the statewide standards; some kept existing standards. The Chapter 21 statewide rules went into effect on Jan. 1, 2016, and a quick Internet search will show each town’s choice.

     The official Chapter 21 rule summary is long, but worth looking at: “This rule establishes statewide standards for timber harvesting and related activities in shoreland areas. In general, timber harvesting activities in shoreland areas must protect shoreline integrity and not expose mineral soil that can be washed into water bodies, including nonforested freshwater and coastal wetlands and tidal waters. Timber harvesting and related activities in shoreland areas below the 300 acre drainage point must leave windfirm stands of trees that provide adequate shade. If located in shoreland areas, roads used primarily for timber harvesting and related activities must be constructed and maintained to standards designed to minimize the chance of exposed soil washing into water bodies, including wetlands. Stream crossings must not disrupt the natural flow of water and must not allow sediment into water bodies.”

     There are many definitions. Perhaps less intuitive are the following: Pond is any inland body of water with a surface area between 4,300 square feet and 10 acres. The definition of River depends on whether it’s within LUPC jurisdiction – a free-flowing body of water, including flood plain wetland, draining 50 square miles (32,000 acres) in LUPC jurisdiction, and 25 square miles (16,000 acres) in municipalities.  Shoreland area means all land areas within:
250 feet, horizontal distance, of the normal high water line of:

  • Rivers below the 50 square mile drainage point in LUPC jurisdiction;

  • Rivers below the 25 square mile drainage point in municipalities;

  • Great ponds and nonforested freshwater wetlands 10 acres or larger;

  • Any coastal wetland;

  • Any size pond for freshwater identified as significant or essential wildlife habitat;

75 feet from the normal high water line of:

  • Streams between the 300 acre drainage point and the 50 square mile point in LUPC jurisdiction;

  • Streams between the 300 acre drainage point and the 25 square mile drainage point in municipalities;

Adjacent to:

  • Normal high water line of streams above the 300 acre drainage point; and,

  • Ponds and freshwater wetlands larger than 4,300 square feet but less than 10 acres that are not identified by IF&W as significant or essential wildlife habitat.

    Section 5 addresses Shoreland Integrity and Sedimentation, stating that timber harvesting within shoreland areas must include reasonable measures to preserve shoreland integrity, while avoiding sedimentation and disturbance of stream banks, channels, shorelines, and soil within ponds and wetlands. If disturbance occurs, it must be corrected. It suggests using best management practices.

    Section 6 addresses Slash Treatment. No slash nor debris shall be left below the normal high water line. Incidental amounts of slash are OK, so there is some reasonableness built in. For both LUPC and municipalities, no slash shall be left within 50 feet of normal high water. Slash used to protect soil may not extend more than four feet above ground.



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