Maine LD 307: An Act To Amend the Shoreland Zoning Laws To Exempt Certain Walkways and Trails from Setback Requirements

LD 307 (subjects: LAND USE , SET-BACKS )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=307&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor:

7 Cosponsors:

Actions

Chamber

Action
2/10/2015 Senate Committee on ENVIRONMENT AND NATURAL RESOURCES
suggested and ordered printed
On motion by Senator BRAKEY of Androscoggin REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES
Ordered sent down forthwith for concurrence.
2/10/2015 House Bill REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES.
In concurrence. ORDERED SENT FORTHWITH.
3/24/2015 Senate Report READ and ACCEPTED
READ ONCE
Committee Amendment “A” (S-6) READ and ADOPTED
Assigned for Second Reading next Legislative Day
3/25/2015 Senate COMMITTEE ON BILLS IN THE SECOND READING REPORTS NO FURTHER VERBAL AMENDMENTS NECESSARY, Senator Saviello, Senate Chair. REPORT ACCEPTED.
READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (S-6).
Ordered sent down forthwith for concurrence.
3/26/2015 House CONSENT CALENDAR – FIRST DAY
3/31/2015 House Committee on Bills in the Second Reading Reports no further verbal amendments necessary Representative McLEAN of Gorham, Chair, House of Representatives Report Accepted.
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (S-6).
In concurrence. ORDERED SENT FORTHWITH.
4/1/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
4/2/2015 Senate PASSED TO BE ENACTED, in concurrence.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 307 as originally introduced. L.D. 307 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (S-6) .

An Act To Amend the Shoreland Zoning Laws To Exempt Certain Walkways and Trails from Setback Requirements

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA 439-A, sub- 4-C is enacted to read:

4-C. Exemption from setback requirements for walkways and trails within a downtown revitalization project. In accordance with the provisions of this subsection, a municipality may adopt an ordinance that exempts pedestrian walkways and trails from the water and wetland setback requirements otherwise applicable under this section.

A. Notwithstanding subsection 4, a municipality may adopt an ordinance pursuant to this subsection that exempts a pedestrian walkway or trail from the otherwise applicable water or wetland setbacks if the following requirements are met:

(1) The walkway or trail is adjacent to a segment of a river that is located within the boundaries of a downtown revitalization project;

(2) If cantilevered over a segment of river, the walkway or trail does not extend over the river more than 10 feet from the normal high-water line;

(3) If cantilevered over a segment of river, the walkway or trail is attached to a structure that was constructed prior to 1971 and is located within a downtown revitalization project;

(4) If the walkway or trail is cantilevered over a segment of river, the municipal planning board has determined there is no other practical means to construct the walkway or trail without cantilevering over that segment of the river. If there are no other practical means to construct the walkway or trail, approaches to the cantilevered walkway or trail may also cantilever off adjacent retaining walls but no more than is necessary to access the cantilevered walkway or trail; and

(5) The walkway or trail is publicly owned and maintained as evidenced by a legally recorded deed or easement.

B. A downtown revitalization project under this subsection must be defined in a project plan approved by the legislative body of the municipality and may include the revitalization of buildings formerly used as mills that do not meet the water or wetland setback requirements in subsection 4.
C. Except for the water and wetland setback requirements in subsection 4, a walkway or trail that meets the requirements of this subsection must meet all other state and local permit requirements and comply with all other applicable rules.

SUMMARY

This bill exempts the construction of a walkway or trail from certain water and wetland setback requirements if the walkway or trail will be adjacent to a segment of a river located within a downtown revitalization project and the walkway or trail meets other specified requirements.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 307 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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