Portland Land Use Code

Citation: Portland Land Use Code 2.
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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2. For the purposes of this article, non- consistent with surrounding character and
vegetated surfaces shall include, but are uses.
not limited to structures, driveways, G. New permanent structures, and expansions
parking areas, and other areas from which thereof, projecting into or over water bodies
vegetation has been removed. Naturally shall require a permit from the Department of
occurring ledge and rock outcroppings are Environmental Protection pursuant to the
not counted as non-vegetated surfaces for National Resources Protection Act, 38 M.R.S. §
lots existing on March 24, 1990 and in 480-C. Permits may also be required from the
continuous existence since that date. Army Corps of Engineers and Board of Harbor
Commissioners if located in navigable waters.
11.4.2 Piers, docks, wharves, bridges, other H. New permanent piers and docks on non-tidal
structures and uses extending over or below waters shall not be permitted unless it is clearly
the normal high-water line of a water body demonstrated to the review authority that a
or within a wetland, and shoreline temporary pier or dock is not feasible, and a
stabilization permit has been obtained from the Department
A. For the purposes of this subsection, temporary of Environmental Protection, pursuant to the
shall mean structures which remain in or over Natural Resources Protection Act.
the water for less than seven months in any I. No new structure shall be built on, over or
period of 12 consecutive months and abutting a pier, wharf, dock or other structure
permanent shall mean structures which remain extending beyond the normal high-water line of
in or over the water for 7 months or more in a water body or within a wetland unless the
any period of 12 consecutive months. structure requires direct access to the water as
B. No more than one pier, dock, wharf or similar an operational necessity. Where such a
structure extending or located below the structure is permitted under this subsection,
normal high-water line of a water body is such structures shall not exceed 20 feet in
allowed on a single lot, with the exception that height above the pier, wharf, dock, or other
this provision shall not apply in the WCZ, structure. This subsection shall not apply in the
EWPZ, and WPDZ. WCZ, EWPZ, WPDZ, and I-B zones.
C. Access from shore shall be developed on soils J. A structure constructed on a float or floats is
appropriate for such use and constructed so as prohibited unless it is designed to function as,
to control erosion. and is registered with the Maine Department of
D. The location shall not interfere with existing Inland Fisheries and Wildlife as, a watercraft.
developed or natural beach areas. K. No existing structures built on, over or abutting
E. The facility shall be located so as to minimize a pier, dock, wharf, or other structure
adverse effects on fisheries. extending beyond the normal high-water line of
F. The facility shall be no larger in dimension than a water body or within a wetland shall be
necessary to carry on the activity and shall be converted to residential dwelling units in any
zone. 11-4 | CITY OF PORTLAND LAND USE CODE SHORELAND OVERLAY ZONE

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