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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properties, the location of the septic system                of the structure shall be replanted with
    and other on-site soils suitable for septic                  vegetation which may consist of grasses,
    systems, and the type and amount of                          shrubs, trees, or a combination thereof.
    vegetation to be removed to accomplish the
    relocation.                                         11.6.5 Reconstruction or replacement
C. When it is necessary to remove vegetation            Any nonconforming structure which is located less
    within the water or wetland setback area in         than the required setback from a water body,
    order to relocate a structure, the Building         tributary stream, or wetland and which is removed,
    Authority shall require replanting of native        damaged, or destroyed, regardless of the cause, by
    vegetation to compensate for the destroyed          more than 50% of the market value of the structure
    vegetation in accordance with Subsection            before such damage, destruction, or removal may
    11.4.3(C). In addition, the area from which the     be reconstructed or replaced provided that a
    relocated structure was removed must be             permit is obtained within two years of the date of
    replanted with vegetation. Replanting shall be      said damage, destruction, or removal, and provided
    required as follows:                                that such reconstruction or replacement is in
    1.   Trees removed in order to relocate a           compliance with the water body, tributary stream or
         structure must be replanted with at least      wetland setback requirement to the greatest
         one native tree, three feet in height, for     practical extent as determined by the Building
         every tree removed. If more than five trees    Authority in accordance with the purposes of this
         are planted, no one species of tree shall      ordinance and the following standards:
         make up more than 50% of the number of         A. In no case shall a structure be reconstructed or
         trees planted. Replaced trees must be              replaced so as to increase its nonconformity. If
         planted no further from the water or               the reconstructed or replacement structure is
         wetland than the trees that were removed.          less than the required setback it shall not be
         Other woody and herbaceous vegetation,             any larger than the original structure, except as
         and ground cover, that are removed or              allowed pursuant to Subsection 11.6.1 above, as
         destroyed in order to relocate a structure         determined by the nonconforming footprint of
         must be re-established. An area at least the       the reconstructed or replaced structure at its
         same size as the area where vegetation             new location.
         and/or ground cover was disturbed,             B. If the total footprint of the original structure
         damaged, or removed must be                        can be relocated or reconstructed beyond the
         reestablished within the setback area. The         required setback area, no portion of the
         vegetation and/or ground cover must                relocated or reconstructed structure shall be
         consist of similar native vegetation and/or        replaced or constructed at less than the
         ground cover that was disturbed,                   setback requirement for a new structure.
         destroyed or removed.                          C. When it is necessary to remove vegetation in
    2.   Where feasible, when a structure is                order to replace or reconstruct a structure,
         relocated on a parcel the original location 11-20 | CITY OF PORTLAND LAND USE CODE SHORELAND OVERLAY ZONE
Other Sections in This Document (765)

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