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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3,739 chars
erosion and sedimentation control practices         ledge, drainage conditions, and other pertinent data
    are followed. This is required until erosion and    which the evaluator deems appropriate. The soils
    sedimentation control measures have been            report shall include recommendations for a
    installed, which will either stay in place          proposed use to counteract soil limitations where
    permanently or stay in place until the area is      they exist.
    sufficiently covered with vegetation necessary
    to prevent soil erosion. The name and               11.4.6 Water quality
    certification number of the person who will         No activity shall deposit on or into the ground or
    oversee the activity causing or resulting in soil   discharge to the waters of the state any pollutant
    disturbance shall be included on the permit         that by itself or in combination with other activities
    application. This requirement does not apply        or substances will impair designated uses or the
    to a person or firm engaged in agriculture or       water classification of the water body, tributary
    timber harvesting if best management practices      stream or wetland.
    for erosion and sedimentation control are
    used; and municipal, state and federal              11.4.7 Archaeological sites
    employees engaged in projects associated with       Any proposed land use activity involving structural
    that employment.                                    development or soil disturbance on or adjacent to
                                                        sites listed on, or eligible to be listed on, the
11.4.5 Soils                                            National Register of Historic Places, as determined
All land uses shall be located on soils in or upon      by the Department of Planning and Urban
which the proposed uses or structures can be            Development, shall be submitted by the applicant to
established or maintained without causing adverse       the Maine Historic Preservation Commission for
environmental impacts, including severe erosion,        review and comment at least 20 days prior to action
mass soil movement, improper drainage, and water        being taken by the review authority. The review
pollution, either during or after construction.         authority shall consider comments received from
Proposed uses requiring subsurface wastewater           the commission prior to rendering a decision on the
disposal and commercial or industrial development       application. Such sites shall also comply with all
or other similar intensive land uses shall require a    applicable provisions of Article 16 of this chapter.
soils report based on an on-site investigation and
prepared by state certified professionals. Certified    11.4.8 Installation of public utility service
persons may include Maine Certified Soil Scientists,    No public utility of any kind shall install services to
Maine Registered Professional Engineers, Maine          any new structure located in the Shoreland Overlay
State Certified Geologists and other persons who        Zone unless written authorization attesting to the
have training and experience in the recognition and     validity and currency of all local permits required
evaluation of soil properties. The report shall be      under this Code has been issued by the Building
based upon the analysis of the characteristics of the   Authority. Following installation of service, the
soil and surrounding land and water areas,              public utility shall provide written documentation to
maximum ground water elevation, presence of CITY OF PORTLAND LAND USE CODE | 11-13 SHORELAND OVERLAY ZONE
Other Sections in This Document (765)

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