Maine Revised Statutes Title 38 Sec. 447 – Functionally water-dependent use zones
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Terms Used In Maine Revised Statutes Title 38 Sec. 447
- Functionally water-dependent uses: means those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal or inland waters and that can not be located away from these waters. See Maine Revised Statutes Title 38 Sec. 436-A
- Maritime activities: means the construction, repair, storage, loading and unloading of boats, chandlery and other commercial activities designed and intended to facilitate maritime trade. See Maine Revised Statutes Title 38 Sec. 436-A
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
Municipalities are encouraged to give preference, when appropriate, to functionally water-dependent uses and may extend zoning controls to accomplish this. [PL 1985, c. 794, Pt. A, §10 (NEW).]
A municipality may, within coastal shoreland areas, adopt zoning ordinances for functionally water-dependent uses. Municipalities may establish districts within these zones to give preference to commercial fishing and other maritime activities. [PL 1985, c. 794, Pt. A, §10 (NEW).]
In creating such a zone, a municipality shall consider the demand for and availability of shorefront property for functionally water-dependent uses. [PL 1985, c. 794, Pt. A, §10 (NEW).]
Zoning ordinances adopted or extended pursuant to this section shall be pursuant to and consistent with a comprehensive plan. [PL 1985, c. 794, Pt. A, §10 (NEW).]
SECTION HISTORY
PL 1985, c. 794, §A10 (NEW).