Portland Land Use Code

Citation: Portland Land Use Code
Parent Document: Portland Land Use Code
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/a5dcd1dc-4117-40b3-b3da-74a56919e14b ↗

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11 SHORELAND OVERLAY ZONE the purposes of this article any river or stream,
or within a wetland.
11.1 PURPOSE C. For the purposes of this article, wetlands shall
The purpose of this article is to further the include coastal and freshwater wetlands as
maintenance of safe and healthful conditions; defined in Article 3.
prevent and control water pollution; protect fish D. The Shoreland Overlay Zone shall include a
spawning grounds, aquatic life, bird and other Resource Protection subdistrict, which shall
wildlife habitat; protect buildings and lands from consist of areas in which development would
flooding and accelerated erosion; protect adversely affect water quality, productive
archaeological and historic resources; protect habitat, biological ecosystems, or scenic and
commercial fishing and maritime industries; protect natural values. This subdistrict shall include the
freshwater and coastal wetlands; control building following areas when they occur within the
sites, placement of structures, and land uses; limits of the Shoreland Overlay Zone, except
conserve shore cover and visual as well as actual that areas which are currently developed shall
points of access to inland and coastal waters and not be included:
natural beauty, as appropriate in an urbanized 1. Floodplains along rivers defined by the
environment; and to anticipate and respond to the 100-year floodplain as designated on the
impact of development in shoreland areas. Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or
11.2 APPLICABILITY Flood Hazard Boundary Maps, or the flood
A. This article applies to all land areas, uses, of record, or in the absence of these, by
structures, and land use activities in all zones of soil types identified as recent floodplain
the city within: soils. This zone shall also include 100-year
1. 250 feet, horizontal distance, of the normal floodplains adjacent to tidal waters as
high-water line of any river, shown on FEMA's Flood Insurance Rate
2. 250 feet, horizontal distance, of the upland Maps or Flood Hazard Boundary Maps.
edge of a coastal wetland, including all 2. Areas of two or more contiguous acres
areas affected by tidal actions, with sustained slopes of 20% or greater.
3. 250 feet, horizontal distance, of the upland 3. Areas of two or more contiguous acres
edge of a freshwater wetland, supporting wetland vegetation and hydric
4. 75 feet, horizontal distance, of the normal soils, which are not part of a freshwater or
high-water line of a stream, coastal wetland as defined, and which are
and any other areas as added to Shoreland not surficially connected to a water body
Zoning Overlay by order of the City Council. during the period of normal high water.
B. This article also applies to any structure built 4. Land areas along rivers subject to severe
on, over or abutting a dock, wharf, or pier, or bank erosion, undercutting, or river bed
other structure extending beyond the normal movement, and lands adjacent to tidal
high-water line of a water body, meaning for waters which are subject to severe erosion CITY OF PORTLAND LAND USE CODE | 11-1 SHORELAND OVERLAY ZONE

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