Required Review for Shoreland Zoning Ordinances

Training for: Legal Notes

Municipal shoreland zoning ordinances and ordinance amendments are not effective unless approved by the commissioner of the Maine Department of Environmental Protection (DEP). If an ordinance or an amendment adopted by a municipality is inconsistent with or less stringent than state minimum shoreland zoning guidelines, the commissioner’s approval may include conditions imposing the minimum standards. If the commissioner fails to act within 45 days after receipt of an ordinance or amendment, approval is automatic. 38 M.R.S. § 438-A(3).

To obtain formal approval from the DEP commissioner, a certified copy of the ordinance or amendment, attested and signed by the municipal clerk, should be submitted after it has been adopted by the municipality’s legislative body (town meeting or council), along with a copy of the zoning map if the map was amended or a cover letter confirming that the current map remains unchanged.

As DEP’s staff are currently working remotely, they ask municipalities to scan attested ordinance copies as pdf documents and email them to the staff member serving the municipality’s region. Those staff members are: 

• Central Maine region: Colin Clark, (207) 441-7419 or colin.a.clark@maine.gov;

• Eastern & Northern Maine regions: Dawn Hurd, (207) 356-8318 or dawn.m.hurd@maine.gov; and 

• Southern Maine region: Jeffrey Kalinich, (207) 615-7044 or jeffrey.c.kalinich@maine.gov.

At this time, copies should be mailed only if the municipality is unable to send the documents electronically.

To document DEP’s receipt of an ordinance and the beginning of the 45-day approval period, municipalities should retain a copy of their email filing; or if mailing, send the ordinance via certified mail, return receipt requested.

Don’t forget that DEP’s Shoreland Zoning staff possesses a wealth of knowledge on shoreland zoning and mapping requirements and are available for consultation and technical assistance during the development of ordinance and map updates. Any municipality considering ordinance amendments would be well-advised to consult DEP staff early in the process to identify and resolve issues that might otherwise prevent approval or that would require DEP to impose conditions of approval correcting or amending the ordinance.

For more information on shoreland zoning requirements, see DEP’s webpage at www.maine.gov/dep/land/slz/ and see “Shoreland Zoning Reminders,” Maine Town & City, Legal Note, October 2021 for a list of some recent legislative changes that must be incorporated into shoreland zoning ordinances. (S.F.P.)

Municipal shoreland zoning ordinances and ordinance amendments are not effective unless approved by the commissioner of the Maine Department of Environmental Protection (DEP). If an ordinance or an amendment adopted by a municipality is inconsistent with or less stringent than state minimum shoreland zoning guidelines, the commissioner’s approval may include conditions imposing the minimum standards. If the commissioner fails to act within 45 days after receipt of an ordinance or amendment, approval is automatic. 38 M.R.S. § 438-A(3).

To obtain formal approval from the DEP commissioner, a certified copy of the ordinance or amendment, attested and signed by the municipal clerk, should be submitted after it has been adopted by the municipality’s legislative body (town meeting or council), along with a copy of the zoning map if the map was amended or a cover letter confirming that the current map remains unchanged.

As DEP’s staff are currently working remotely, they ask municipalities to scan attested ordinance copies as pdf documents and email them to the staff member serving the municipality’s region. Those staff members are: 

• Central Maine region: Colin Clark, (207) 441-7419 or colin.a.clark@maine.gov;

• Eastern & Northern Maine regions: Dawn Hurd, (207) 356-8318 or dawn.m.hurd@maine.gov; and 

• Southern Maine region: Jeffrey Kalinich, (207) 615-7044 or jeffrey.c.kalinich@maine.gov.

At this time, copies should be mailed only if the municipality is unable to send the documents electronically.

To document DEP’s receipt of an ordinance and the beginning of the 45-day approval period, municipalities should retain a copy of their email filing; or if mailing, send the ordinance via certified mail, return receipt requested.

Don’t forget that DEP’s Shoreland Zoning staff possesses a wealth of knowledge on shoreland zoning and mapping requirements and are available for consultation and technical assistance during the development of ordinance and map updates. Any municipality considering ordinance amendments would be well-advised to consult DEP staff early in the process to identify and resolve issues that might otherwise prevent approval or that would require DEP to impose conditions of approval correcting or amending the ordinance.

For more information on shoreland zoning requirements, see DEP’s webpage at www.maine.gov/dep/land/slz/ and see “Shoreland Zoning Reminders,” Maine Town & City, Legal Note, October 2021 for a list of some recent legislative changes that must be incorporated into shoreland zoning ordinances. (S.F.P.)