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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12 FLOODPLAIN MANAGEMENT pursuant to Title 30-A M.R.S. § 2001-3007, 4352,
4401-4407, and Title 38 M.R.S. § 440.
12.1 PURPOSE
A. Certain areas of the City of Portland, Maine are 12.2 APPLICABILITY
subject to periodic flooding, causing serious This article applies to all land areas, uses, structures,
damage to properties within these areas. Relief and land use activities lying in the special flood
is available in the form of flood insurance as hazard areas, Zones A, AE, AO, AH, and VE, as
authorized by the National Flood Insurance Act identified by the Federal Emergency Management
of 1968. Therefore, the City of Portland, Maine Agency in a report entitled Flood Insurance Study -
has chosen to become a participating Cumberland County, Maine, with accompanying
community in the National Flood Insurance “Flood Insurance Rate Map,” dated June 20, 2024.
Program and agrees to comply with the This Flood Insurance Study with accompanying
requirements of the National Flood Insurance maps, and any subsequent amendments thereto,
Act of 1968 (P.L. 90-448), as amended from including Letters of Map Revision approved by
time to time an as delineated in this article. It is FEMA, is hereby adopted by reference and declared
the intent of the City of Portland to require the to be a part of this Land Use Code.
recognition and evaluation of flood hazards in
all official actions relating to land use in the 12.3 STRUCTURE AND DEVELOPMENT TYPES
floodplain areas having special flood hazards. 12.3.1 Structure types
B. The National Flood Insurance Program, A. For the purposes of this article, structure shall
established in the aforesaid act, provides that mean a walled and roofed building. A gas or
areas of the city having a special flood hazard liquid storage tank that is principally above
be identified by the Federal Emergency ground is also a structure.
Management Agency and that floodplain B. Accessory structure shall mean a structure
management measures be applied in such flood which is on the same parcel of property as a
hazard areas. This article establishes a Flood principal structure and the use of which is
Hazard Development Permit system and review incidental to the use of the principal structure.
procedure for development activities in the C. The following types of structures shall have the
designated flood hazard areas of the city. The following meanings:
purposes of this article are to reduce future 1. Agricultural structure. Structures that are
flood risks and losses, protect against financial used exclusively for agricultural purposes
and human loss resulting from flood disasters, or uses in connection with the production,
and to control the placement of structures, harvesting, storage, raising, or drying of
construction materials, and methods used to agricultural commodities and livestock.
minimize potential property damage due to Structures that house tools or equipment
flooding. The City of Portland has the legal used in connection with these purposes or
authority to adopt land use and control uses are also considered to have
measures to reduce future flood losses agricultural purposes or uses. CITY OF PORTLAND LAND USE CODE | 12-1 FLOODPLAIN MANAGEMENT

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