TOWN of WELD

SHORELAND ZONING ORDINANCE

Weld Shoreland Zoning Ordinance (PDF)

 

 

 

 

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  • SECTION 1. Purposes

    The purposes of this Ordinance are to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and land from flooding and accelerated erosion; to protect archaeological and historic resources; to protect freshwater wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual access points to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

  • SECTION 2. Authority

    This Ordinance has been prepared in accordance with the provisions of Title 38 Sections 435-449 of the Maine Revised Statutes Annotated (M.R.S.A.).

  • SECTION 3. Applicability

    This Ordinance applies to all land areas within 250 feet, horizontal distance, of the normal high-water line of Webb Lake; within 250', horizontal distance, of the upland edge of a freshwater wetland; and within 100, horizontal distance, of the normal high water line of a stream for State mandated Stream Protection; and within 100' to 250', horizontal distance, of the normal high water line of streams to prevent intensive commercial and industrial use and as depicted on the Official Shoreland Zoning Map. This Ordinance also applies to any structure built on, over or abutting a dock, wharf, or pier, or other structure extending below the normal high water line of water body or within a wetland.

  • SECTION 4. Effective Date

    A. Effective Date of Ordinance and Ordinance Amendments

     

    This Ordinance, which was adopted by the municipal legislative body on March 6, 1993, shall be effective upon the approval of the Commissioner of the Department of Environmental Protection.  A certified copy of the Ordinance, or Ordinance Amendment and zoning map forwarded to the Commissioner for approval must be certified by the attested signature of the chairperson of the Weld Planning Board and the Weld Municipal Clerk.  If the Commissioner fails to act on this Ordinance within 45 days of its receipt of the Ordinance or Ordinance Amendment, it shall be deemed approved.

     

    Any application for a permit submitted to the municipality within the forty-five (45) day period shall be governed by the terms of this Ordinance or Ordinance Amendment if the Ordinance or Ordinance Amendment is approved by the Commissioner.

     

    B. Repeal of Municipal Timber Harvesting Regulation

     

    The municipal regulation of timber harvesting activities is repealed on the statutory date established under 38 M.R.S.A. section 438-B(5), at which time the State of Maine Department of Conservation’s Bureau of Forestry shall administer timber harvesting standards in the shoreland zone.  On the date established under 38 M.R.S.A section 438-B(5), the following provisions of this Ordinance are repealed:

     

    • Section 14. Table of Land Uses, Column 3 (Forest management activities except for timber harvesting) and Column 4 (Timber harvesting);

    • Section 15(S) in its entirety; and

    • Section 17. Definitions, the definitions of “forest management activities” and “residual basal area”.

  • SECTION 5. Availability

    A certified copy of this Ordinance shall be filed with the Weld Municipal Clerk and shall be accessible to any member of the public.  Copies shall be made available to the public at reasonable cost at the expense of the person making the request.  Notice of availability of this Ordinance shall be posted.

  • SECTION 6. Severability

    Should any section or provision of this Ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of the Ordinance.

  • SECTION 7. Conflicts with Other Ordinances

    Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or of any other ordinance, regulation or statute administered by the municipality, the more restrictive provision shall control.

  • SECTION 8. Amendments

    This Ordinance may be amended by majority vote of the municipal legislative body.  Copies of amendments attested and signed by the chairperson of the Weld Planning Board and the Weld Municipal Clerk shall be submitted to the Commissioner of the Department Environmental Protection following adoption by the municipal legislative body and shall not be effective unless approved by the Commissioner.  If the Commissioner fails to act on any amendment within forty-five (45) days of his/her receipt of the amendment, the amendment is automatically approved.  Any application for a permit submitted to the municipality within the forty-five (45) day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.

  • SECTION 9. Districts and Zoning Map

    A.

    B.

    C.

    D.

    Official Shoreland Zoning Map

     

    The areas to which this Ordinance is applicable are hereby divided into the following districts as shown on the Official Shoreland Zoning Map which is made a part of this Ordinance:

     

    1. Resource Protection

    2. Limited Residential

    3. Stream Protection

    4. Limited Commercial

    5. General Development

    Scale of Map

     

    The Official Shoreland Zoning Map shall be drawn at a scale of not less than: 1 inch = 2000 feet.  District boundaries shall be clearly delineated and a legend indicating the symbols for each district shall be placed on the map.

    Certification of Official Shoreland Zoning Map

     

    The Official Shoreland Zoning Map shall be certified by the attested signatures of the chair-person of the Weld Planning Board and the Weld Municipal Clerk and shall be located in the Weld Town Office

    Changes to the Official Shoreland Zoning Map

     

    If amendments, in accordance with Section 8, are made in the district boundaries or other matter portrayed on the Official Shoreland Zoning Map, such changes shall be made on the Official Shoreland Zoning Map within thirty (30) days after the amendment has been approved by the Commissioner of Environmental Protection.

  • SECTION 10. Interpretation of District Boundaries

    Where uncertainty exists as to the boundaries of districts as shown on the Official Shoreland Zoning Map, the following rules shall apply.

    A.

    B.

    C.

    D.

    E.

    F.

    G.

    District boundary lines are property lines, the center lines of streets, roads and rights of way, and the boundaries of the shoreland zone.

    Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with actual shoreline.

    Sources for the delineation of the 100 year flood plain shall be the Federal Emergency Management Agency's Flood Insurance Rate Maps, or if such maps are not available, by flood elevation records or by soil types identifiable as recent flood plain soils.

    Boundaries indicated as being parallel to, or extensions of features indicated in paragraphs A through C above shall be so construed.

    Distances not specifically indicated on the Official Shoreland Zoning Map shall be determined by the scale of the map.  Any conflict between the Official Shoreland Zoning Map and a description by metes and bounds in a deed shall be resolved in favor of metes and bounds.

    Where a zoning district boundary line divides a lot or parcel of land of the same ownership, the regulations applicable to the less restricted portion of the lot may not be extended into the more restricted portion of the lot.

    Where physical or cultural features existing on the ground are at variance with those shown on the Official Shoreland Zoning Map. or where other circumstances not covered by subsections A through F above exist, the Board of Appeals shall interpret the district boundaries and shall be the final authority as to location of the

    boundaries.

  • SECTION 11. Land Use Requirements

    Except as hereinafter specified, no building, structure or land shall be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all the regulations herein specified for the district in which it is located, unless a variance is granted.

  • SECTION 12. Non-Conformance

    A. Purpose

    B. General

    C. Non-conforming Structures

    D. Non-Conforming Uses

    E. Non-Conforming Lots

    F.  Construction, Timber harvesting, or land changing in the Shoreland Zone without a permit.

    A.

    B.

    C.

    D.

    E.

    F.

    Purpose:

     

    It is the intent of this Ordinance to promote land use conformities, except that non-conforming conditions that existed before the effective date of this Ordinance or amendments thereto shall be allowed to continue, subject to the requirements set forth in section 12. Except as otherwise provided in this Ordinance, a non-conforming condition shall not be permitted to become more non-conforming.

    General:

     

    1. Transfer of ownership:  Non-conforming structures, lots, and uses may be transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming structure or lot, subject to the provisions of this Ordinance.

     

    2. Repair and Maintenance:  This Ordinance allows, without a permit, the normal upkeep and maintenance of non-conforming uses and structures including repairs or renovations which do not involve expansion of the non-conforming use or structure, and such other changes in a non-conforming use or structure as federal, state, or local building and safety codes may require.

    Non-conforming Structures:

    1. Expansions:

    2. Discontinuance:

    3. Relocation:

    4. Reconstruction or Replacement:

    5. Change of Use of a Non-Conforming Structure

    1.

    2.

    3.

    4.

    5.

    Expansions: A non-conforming structure may be added to or expanded after obtaining a permit from the Weld Planning Board, if such addition or expansion does not increase the non-conformity of the structure  and is in accordance with subparagraphs a and b below.

     

    a. After January 1, 1989 if any portion of a structure is less than the required setback from the normal high water line of a water body, tributary stream or the upland edge of a wetland, that portion of the structure shall be deemed non-conforming and, as such, shall not be expanded in floor area or volume by thirty percent (30%) or more during the lifetime of the structure. If a replacement structure conforms with the requirements of Section 12.C.3, and is less than the required setback from a water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30% in floor area and volume since that date.

     

    (Note: In positive language, the preceding statement would read "may be expanded in floor area or volume, by less than 30% during the lifetime of the structure.") If such an expansion is granted, this Ordinance requires that this once in a lifetime expansion limitation be recorded in the Registry of Deeds.

     

    b. Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board, basing its decision on the criteria specified in subsection 3. Relocation, below. If the completed foundation does not extend beyond the exterior dimensions of the structure, except in conformity with Section 12.C.1.a above; and that the foundation does not cause the structure to be elevated by more than three (3) additional feet as measured from the uphill side of the structure (from original ground level to the bottom of the first floor sill), it shall not be considered to be an expansion of the structure.

     

    c. Expansions of non-conforming structures shall be subject to the State Plumbing Laws (Title 30-A, M.R.S.A. Section 4221, Subsection 3) requiring documentation of wastewater disposal capabilities.

     

    d.  Remodeling, such as, but not limited to enclosing a porch, deck, or other attached structure to increase the enclosed living area of a structure may not be done without a permit from the Weld Planning Board and may be denied if the additional room may overload existing wastewater disposal capabilities.

    Discontinuance: Discontinuance of the use of a legally existing non-conforming structure for a period of 5 years or more shall constitute abandonment of the structure. Thereafter, use of the structure shall only be commenced after the structure is brought into compliance with this Ordinance, or a variance is obtained.

    Relocation:  A non-conforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of the State of Maine Subsurface Wastewater Rules (Rules), or that a new system can be installed in compliance with the law and said Rules.  In no case shall a structure be relocated in a manner that causes the structure to be more non-conforming.

     

    In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation.  In addition, the area from which the relocated structure was removed must be replanted with vegetation.  Replanting shall be required as follows:

     

     a. Trees removed in order to relocate a structure must be replanted with at least one native tree, three (3) feet in height, for every tree removed.  If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted.  Replaced trees must be planted no further from the water or wetland than the trees that were removed.

     

    Other woody and herbaceous vegetation, and ground cover, that are removed or destroyed in order to relocate a structure must be re-established.  An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be reestablished within the setback area.  The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.

     

     b. Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof.

     

     

    Nothing in this section shall prohibit the relocation of a non-conforming structure to a separate conforming lot on which the structure and use will be conforming, provided that all necessary permits are obtained.

    Reconstruction or Replacement:  Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or a wetland and which is removed, or damaged or destroyed, regardless of cause by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced within eighteen (18) months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Weld Planning Board in accordance with the purposes of this Ordinance.  In no case shall a structure be reconstructed or replaced so as to increase its non-conformity. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Section 12.C.1 above, as determined by the non-conforming floor area and volume of the reconstructed or replaced structure at its new location.  If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure.  When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Section 12.C.2 above.

     

    Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less of the market value, or damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place with the proper permits from the Weld Planning Board within one year of such damage, destruction, or removal.

     

    In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent, the Planning Board shall consider in addition to the criteria in paragraph 2 above, the physical condition and type of foundation present, if any.

    Change of Use of a Non-Conforming Structure

     

    a. The use of a non-conforming structure may not be changed to another kind of use (for example, from residential to home occupation or commercial use) or in intensity of commercial use unless the new use will have no greater adverse impact on the water body, tributary stream or wetland, or on the subject or adjacent properties and resources than the existing use.

     

    In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, flood plain management, archaeological and historic resources and other functionally water-dependent uses.

     

    b. A non-conforming seasonal structure may not be changed in use to a year round structure (seasonal conversion) unless a permit for seasonal conversion from the Licensed Plumbing Inspector (LPI) is attached to the application form submitted to the Planning Board.

     

    This includes, but not limited to, a 100' setback of the septic system from any body of water.

     

    c. Any person changing or converting the use of a permit granted by the Weld Planning Board will be in violation.  The unapproved use will cease until the applicant receives a valid permit for the new use.  If the new use is not allowed under the Weld Shoreland Zoning Ordinance the use will cease permanently.  Failure to cease will result in a penalty fee to the Town of Weld of $1,000.

     

     

    Non-Conforming Uses:

     

    1. Expansions:  Expansions of non-conforming uses are prohibited, except that non-conforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as permitted in Section 12(C)(1)(a).

     

    Resumption Prohibited: A lot, building or structure in or on which a non-conforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a non-conforming use.  In the case of a residential structure, this time limit shall be extended to five (5) years.

     

    3. Change of Use: An existing non-conforming use may be changed to another non-conforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use as determined by the Planning Board, using the criteria listed in Section 12 (C) (5) above

    Non-Conforming Lots:

     

    1. Non-conforming lots:  A non-conforming lot of record may have a seasonal structure built upon it without the need for a variance provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership and that all provisions of this Ordinance except lot area, lot width and shore frontage can be met.  Variances relating to other requirements not involving lot area, lot width or shore frontage shall be obtained by action of the Board of Appeals.

     

    2.  Contiguous Built Lots: For the purpose of erecting a structure, two (2) or more contiguous lots or parcels in single or joint ownership of record at the time of the adoption of this Ordinance may be considered one lot for the purposes of this Ordinance if all or part of the lots do not meet the dimensional requirements of this Ordinance, even if a principal use of structure exists on each lot. The merger of the two lots shall be recorded in the registry of deeds before building is begun. If two (2) or more principal uses or structures exist on a single lot of record, the lot shall not be divided in a manner that creates a non-conforming lot or causes a non-conforming lot to become more non-conforming.

    Construction, Timber harvesting, or land changing in the Shoreland Zone without a permit:

     

    1. Any person construction a building, harvesting timber or changing the land within the zone of the Weld Shoreland Zoning Ordinance without a valid permit will be in violation.  The person will have to obtain a permit after-the-fact from the Weld Planning Board.  The fee for this permit will be not less than $250 nor more than $1,000.  If the violation cannot be granted under the Weld Shoreland Zoning Ordinance the violator may be told to remove the offending structure if it is found that less harm will be caused to the environment than leaving the structure.

     

    2. Contiguous Lots, Vacant or Partially Built: If two or more contiguous lots or parcels are in single or joint ownership of record at the time or since the adoption or amendment of this Ordinance, if any of these lots do not individually meet the dimensional requirements of this Ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure the lots shall be combined to the extant necessary to meet the dimensional requirements.

     

     

  • SECTION 13. Establishing of Districts

    Note: See Section 14, Table 1 and Shoreland Districts of Weld for specific written descriptions of boundaries and restrictions.

     

    A. Resource Protection District

    B. Limited Residential District

    C. Limited Commercial District

    D. General Development District

    E. Stream Protection District

    A.

    B.

    C.

    D.

    E.

    A. Resource Protection District

     

    The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values.  This district shall include the following areas when they occur within the limits of the shoreland zone.

     

    1. Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF & W) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the Department as of December 1, 2008.  For the purposes of this paragraph “wetlands associated with great ponds and rivers” shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have a surface elevation at or below the water level of the great pond or river during the period of normal high water.  “Wetlands associated with great ponds or rivers” are considered to be part of that great pond or river.

     

    2. Flood plains along rivers and flood plains along artificially formed great ponds along rivers, defined by the 100 year flood plain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent flood plain soils.

     

    3. Areas of two or more acres with sustained slopes of 20% or greater.

     

    4. Areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater wetland as defined, and which are not surficially connected to a water body during the period of normal high water.

     

    5. Land areas along rivers subject to severe bank erosion, undercutting, or riverbed movement.

     

    6. Other significant wildlife habitat

     

    7. Natural sites of significant scenic or aesthetic value.

     

    8. Areas designated by federal, state or municipal government as natural areas of significance to be protected from development.

     

    9.  Other significant areas which should be included in this district to fulfill the purposes of this Ordinance.

    B. Limited Residential District

     

    The limited Residential District includes those areas suitable for residential and recreational development. It includes areas other than those in the Resource Protection District, or Stream Protection District and areas which are used less intensively than those in the General Development District.

     

     

    C. Limited Commercial District

     

    The Limited Commercial District includes areas of mixed, light commercial and residential uses, exclusive of the Stream Protection District. which should not be developed as intensively as the General Development District.  This district includes areas of two or more contiguous acres in size devoted to a mix of residential and low intensity business and commercial uses.  Industrial uses are prohibited.

     

     

    D. General Development District

     

    The General Development District includes the following types of existing, intensively developed areas:

     

    1. Areas of two or more contiguous acres devoted to commercial, industrial or intensive recreational activities, or a mix of such activities, including but not limited to the following:

     

    a.  Areas devoted to manufacturing, fabricating or other industrial activities;

     

    b.  Areas devoted to wholesaling, warehousing, retail trade and service activities, or other commercial activities; and

     

    c. Areas devoted to intensive recreational development and activities, such as, but not limited to amusement parks, race tracks and fairgrounds.

     

    2. Areas otherwise discernible as having patterns of intensive commercial, industrial or recreational uses.

     

    Portions of the General Development District may also include residential development.  However, no area shall be designated as a General Development District based solely on residential use.

     

    In areas adjacent to great ponds classified GPA and adjacent to rivers flowing to great ponds classified GPA, the designation of an area as a General Development District shall be based upon existing uses existing at the time of adoption of this Ordinance.  There shall be no newly established General Development Districts or expansions in area of existing General Development Districts adjacent to great ponds classified GPA, and adjacent to rivers which flow to great ponds classified GPA.

    E. Stream Protection District

     

    The Stream Protection District includes all land areas within one hundred (100) feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within two-hundred and fifty (250) feet, horizontal distance, of the normal high-water line of a great pond, or river or within two-hundred and fifty (250) feet, horizontal distance, of the upland edge of a freshwater wetland.  Where a stream and its associated shoreland area is located within two-hundred fifty (250) feet, horizontal distance of the above water bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or wetland.  See Section 14, Table 1. and Shoreland Districts in Weld.

     

     

  • SECTION 14. Table of Land Uses

    All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone, shall conform with all of the applicable land use standards in Section 15.  The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.

     

    • KEY to TABLE 1:

      Yes - Allowed (no permit required but the use must comply with all applicable land use standards.)

       

      No - Prohibited

       

      PB – Allowed with permit issued by the Planning Board

      CEO - Allowed with permit issued by the Code Enforcement Officer

      LPI - Allowed with permit issued by the Local Plumbing Inspector

       

      Abbreviations:

       

      1. RP - Resource Protection

      2. LR - Limited Residential

      3. SP - Stream Protection

      4. LC- Limited Commercial

      5. GD- General Development

    • TABLE 1. LAND USES IN THE SHORELAND ZONE

      NOTE: A person performing any of the following activities shall require a permit from the Department of Environmental Protection, pursuant to Title 38 M.R.S.A., Section 48-c, if the activity occurs in, on, over or adjacent to any freshwater or coastal wetland, great pond, river, stream or brook and operates in such a manner that material or soil may be washed into them:

      A. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials;

      B. Draining or otherwise dewatering;

      C. Filling, including adding sand or other material to a sand dune;

      D. Any construction or alteration of any permanent structure.

    • SHORELAND DISTRICTS IN WELD

  • SECTION 15. Land Use Standards

    All land use activities within the Shoreland Zone shall conform with the following provisions, if applicable.

     

     

  • SECTION 16. Administration

  • SECTION 17. Definitions

    Accessory structure or use - a use or structure, which is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated shall not subordinate the principal use of the lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.

     

    Agriculture - the production, keeping or maintenance for sale or lease, of plants and/or animals, including but not limited to: forage and sod crops; grain and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruits and vegetables; and ornamental and green house products. Agriculture does not include forest management and timber harvesting activities.

     

    Aggrieved party - an owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this Ordinance; a person whose land abuts land for which a permit has been granted; or any other person or group of persons who have suffered particularized injury as a result of the granting or denial of such permit or variance.

     

    Alternative Toilet - A device to treat blackwaste only. Examples are: privy, compost, chemical, re-circulation, incinerating and vacuum toilet, among others. A pit privy is considered a disposal area for the purposes of the setback distances. A vault privy is considered a treatments tank for the purpose of the setback distances.

     

    Aquaculture -the growing or propagation of harvestable freshwater, estuarine or marine plants or animal species.

     

    Area of Special Flood Hazards - means the land in the floodplain having a one percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Rate Map.

     

    Basal Area - the area of cross-section of a tree stem at 4 1/2 feet above ground level and inclusive of bark.

     

    Basement - any portion of a structure with a floor-to-ceiling height of 6 feet or more and having more than 50% of its volume below the existing ground level.

     

    Black waste - waste containing human excrement and/or urine.

     

    Boat Launching Facility - a facility designed primarily for the launching and landing of water craft, and which may include an access ramp, docking area, and parking spaces for vehicles and trailers.

     

    Brook - See stream.

     

    Campground - any area or tract of land to accommodate two (2) or more parties in temporary living quarters, including but not limited to tents, recreational vehicles or other shelters.

     

    Campground - see Individual private campsite and primitive campsite.

     

    Canopy – the more or less continuous cover formed by tree crowns in a wooded area.

     

    Cesspool - an unapproved excavation which is constructed to retain organic matter and solids, but allows liquids to seep through the bottom and sides.

     

    Change of Use - the change of use of a structure or activity from its previous use to a new or substantially expanded one and/or its change from a seasonal to a year-round one.

     

    Commercial use - the use of lands, buildings, or structures, other than a "home occupation", defined below, the intent and result of which is the production of income for the buying and selling of goods and/or services, exclusive of rental of residential buildings or dwelling units.

     

    DBH – the diameter of a standing tree measured 4.5 feet from ground level.

     

    Development – a change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring.

     

    Disability - any disability, infirmity, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness; and also includes the physical or mental condition of a person which constitutes a substantial handicap as determined by a physician or, in the case of a mental handicap, by a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or related services.

     

    Dimensional requirements - numerical standards relating to spatial relationships including but not limited to setback, lot area, shore frontage and height.

     

    Disposal area - That component of a system designed for the subsurface disposal of wastewater into the soil. Examples are beds, chambers, trenches and pit privies.

     

    Driveway - a vehicular access-way less than five hundred (500) feet in length serving two single family dwellings or one two family dwelling or less.

     

    Emergency operations - operation conducted for the public health, safety or general welfare, such as protection of resources from immediate destruction or loss, law enforcement, and operations to rescue human beings, property and livestock from the threat of destruction or injury.

     

    Engineered system -Any system designed, installed and operated as a single unit to treat 2000 gallons per day (GPD) or more; or any system designed to treat wastewater with characteristics significantly different from domestic wastewater.

     

    Essential services - gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles, wires, mains, drains, pipes, conduits, cable, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services.

     

    Expansion of a structure - an increase in the floor area or volume of a structure, including all extensions such as, but not limited to attached decks, garages, porches and greenhouses. The addition of one or two bedrooms beyond the original number of bedrooms or the replacement of an alternative toilet shall constitute an expansion which shall meet the wastewater disposal requirements for seasonal conversion. The addition of three or more bedrooms shall meet the requirements of a new system.

     

    Expansion of use - the addition of one or more months to a use's operating season; or the use of more floor area or ground area devoted to a particular use.

     

    Family - one or more persons occupying a premise and living as a single housekeeping unit.

     

    Flood Plain or Flood Prone Area - means any area susceptible to being unindated by water from any source (see definition of flooding).

     

    Flooding - (a) a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland or tidal waters (2) the unusual and rapid accumulation or runoff of surface waters from any source. (b) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a) (1) of this definition.

     

    Floor Area - the sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any un-enclosed portions of a structure such as porches and decks.

     

    Forested Wetland - a freshwater wetland dominated by woody vegetation that is six or more meters tall or taller.

     

    Forest Management Activities - timber cruising and other forest resource evaluation activities, pesticide or fertilizer applications, management planning activities, timber stand improvement pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.

     

    Foundation - the supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frostwalls, or other base consisting of concrete, block, brick or similar material.

     

    Freshwater wetlands - freshwater swamps, marshes bogs and similar areas other than forested wetlands which are 1) of ten or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook such that in a natural state, the combined surface areas is in excess of 10 acres; and/or 2) land inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition. See also Wetlands associated with great ponds and rivers, Wetlands, Forested wetlands.

     

    Functionally water-dependent uses - those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in coastal and inland waters and which cannot be located away from these waters. The uses include, but are not limited to commercial and recreational fishing and boating facilities, excluding recreational boat storage buildings, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aides. basins and channels, industrial uses dependent on water-borne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters.[Note: Revised 07.09.10]

     

    Grandfathered system - an existing system shall be deemed to be in compliance with the Wastewater Rules if the system was constructed/installed in accordance with the Rules in effect at the time of its installation, unless the system has been documented to be malfunctioning. Once the grandfathered system malfunctions or the structure is expanded, it shall be replaced in accordance with the current Rules. See also Expansion.

     

    Gray wastewater - Wastewater excluding blackwaste.

     

    Great pond - any inland body of water which in a natural state has a surface area in excess of ten acres, and any inland body of water artificially formed or increase which has a surface areas of thirty (30) acres except for the purposes of this Ordinance, where the artificially formed or increased inland body of water is completely surrounded by land by a single owner.

     

    Great Pond classified GPA - any great pond classified GPA, pursuant to Title 38 Article 4-A Section 465-A. This classification includes some, but not all impoundments of rivers that are defined as great ponds.

     

    Ground cover – small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.

     

    Hazardous Substance - Any gaseous, liquid or solid materials, designated as a hazardous substance by the U.S. Environmental Protection Agency, or wastes designated as hazardous by the Maine Department of Environmental Protection.

     

    Height of a structure - the vertical distance between the mean original grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances which have no floor area.

     

    Highwater Line- see Normal Highwater Line.

     

    Holding Tank - A watertight receptacle, with an alarm, which receives and holds wastewater prior to disposal at a location licensed by the Department of Environmental Protection.

     

    Home occupation - an occupation or profession which is customarily conducted on or in a residential structure or property and which is 1) clearly incidental to and compatible with the residential use of the property and surrounding residential uses; and 2) which employs no more than two (2) persons other than family members residing in the home.

     

    Increase in nonconformity of a structure - any change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity such as, but not limited to, reduction in water body, tributary stream or wetland setback distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for water bodies, wetlands, or tributary streams if the expansion extends no further into the required setback area than does any portion of the existing nonconforming structure. Hence, a structure may be expanded laterally provided that the expansion extends no closer to the water body, tributary stream, or wetland than the closest portion of the existing structure from that water body, tributary stream, or wetland. Included in this allowance are expansions which in-fill irregularly shaped structures.

     

    Individual private campsite - an area of land which is not associated with a campground, but which is developed for repeated camping by only one group not to exceed ten (10) individuals and which involves site improvements which may include but not be limited to gravel pads, parking areas, fire places or tent platforms.

     

    Industrial - the assembling, fabrication, finishing, manufacturing, packaging or processing of goods, or the extraction of minerals.

     

    Institutional – a non-profit or quasi-public use, or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes.

     

    Intermittent Water body - Standing or flowing water, resulting from the surface runoff or the position of the ground water table, which occurs for a period of not more than six consecutive months. See also perennial and waterbody.

     

    Lodging facility - a motel, hotel, inn, rooming house, housekeeping cabins, tourist home, bed and breakfast or like facility, designed for transient occupancy.

     

    Lot area - the area of land enclosed within the boundary lines of a lot, minus land below the normal high water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.

     

    Manufactured homes - means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term manufactured home also includes park trailers, travel trailers, and other similar vehicle placed on a site for greater than 180 consecutive days.

     

    Marina -a business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, bait and tackle shops and marine fuel service facilities.

     

    Market value - the estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.

     

    Minimum lot width - the closest distance between the side lot lines of a lot. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines.

     

    Mineral exploration - hand sampling, test boring, or other methods of determining the nature or extant of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.

     

    Mineral extraction - any operation within any twelve (12) month period which removes more than one hundred (100) cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat or other like material from its natural location and to transport the product removed away from the extraction site.

     

    Multi-unit residential - a residential structure containing three (3) or more residential dwelling units.

     

    Native – indigenous to the local forests.

     

    Non-conforming condition – non-conforming lot, structure or use which is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendment took effect.

     

    Non-conforming lot - a single lot of record which, at the effective date of adoption or amendment of this Ordinance does not meet the area, frontage, or width requirements of the district in which it is located.

     

    Non-conforming structure - a structure which does not meet any one or more of the following dimensional requirements: setback, height or lot coverage, but which is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect.

     

    Non-conforming use - use of buildings, structures, premises, land or parts thereof which is not permitted in the district in which it is situated but which is allowed to remain solely because it was in lawful existence at the time of this Ordinance or subsequent amendments took effect.

     

    Non-engineered system - any system designed, installed and operated in a single unit to treat less than 2000 gallons per day or less, and that is not a primitive disposal system.

     

    Normal high-water line - that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers and great ponds that support non-forested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high-water are considered part of the river or great pond.

     

    Open space - undeveloped land, including without limitation, fields and agricultural land.

     

    Perennial - Standing or flowing water lasting or continuing for more than six consecutive months of the year.

     

    Person - an individual, corporation, government agency, municipality, trust, estate, partnership, association, tow or more individuals having a joint or common interest, or other legal entity.

     

    Piers, docks, wharves, bridges and other structure and uses extending over or beyond the normal high-water line or within a wetland -

     

    (1) temporary: structures which remain in or over the water for less than seven (7) months in any period

    of twelve (12) consecutive months.

     

    (2) Permanent: structures which remain in or over the

    water for seven (7) months or more in any period of

    twelve (12) consecutive months.

     

    Primitive campsite - a site offered for the recreational use of the general public which is used on a very limited basis due to its relative inaccessibility. A primitive campsite shall

     

    (1) not have a developed potable water supply;

     

    (2) not have any structures, lean-to's, or platforms but

    may have a fireplace and picnic tables 3) dispose of

    black wastes by means of an alternative toilet.

     

    Primitive disposal area - a minimal disposal area designed specifically to treat graywater originating from a single sink serviced by a non-pressurized water supply. see also disposal area.

     

    Primitive disposal system - a system designed to serve a structure where water is hand carried or hand pumped and only sink wastewater is generated. An alternative toilet for blackwaste shall be used in conjunction with a primitive disposal system.

     

    Principal structure - a building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.

     

    Principal use - a use which is other than one which is wholly incidental or accessory to another use on the same premises.

     

    Public access area - an area adjacent to the shoreline, either publicly or privately owned on which the public is afforded the right, without fee, to enter for the purpose of gaining physical access to the water. Public rights of access may be subject to reasonable regulations regarding times and manners of use.

     

    Public facility - any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased or otherwise operated, or funded by a governmental body or entity.

     

    Recent flood plain soils - the following soil series as described and identified by the National Cooperative Soil Survey: Alluvial, Cornish, Charles, Fryeburg, Hadley, Limerick, Lovewell, Meddomak, Ondawa, Podunk, Rumney, Saco, Suncook, Sunday and Winooski.

     

    Recreational facility - a place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities, excluding boat launching facilities.

     

    Recreational vehicle - a vehicle or an attachment to a vehicle designed to be towed, and designed for temporary sleeping or living quarters for one or more persons, and which may include a pick-up or camper, travel trailer, tent trailer, camp trailer, and motor home. In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on the ground, and must be registered with the State Division of Motor Vehicles.

     

    Replacement system - a system intended to replace: 1) an existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the stricture, or 2) any existing overboard wastewater discharge.

     

    Residential dwelling unit - a room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family at a time, and containing cooking, sleeping and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping, and toilet facilities regardless of the time-period rented.

    Recreational vehicles are not residential dwelling units.

     

    Residual basal area - the average of the basal area of trees remaining on a harvested site.

     

    Rip rap - rocks, irregularly shaped, and at least six (6) inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two (2) units horizontal to one (1) unit vertically.

     

    River - a free-flowing body of water including its associated flood plain wetlands from the point at which it provides drainage for a watershed of twenty five (25) square miles to its mouth.

     

    Road - a route or track consisting of a bed of exposed mineral soil, gravel or asphalt, or other surfacing material constructed for or created by the repeated passage of motorized vehicles, excluding driveway as defined.

     

    Sanitary sewer - a public or private sewer where wastes are conveyed off site for treatment.

     

    Seasonal Conversion Permit - a permit issued by the Licensed Plumbing Inspector (LPI) to allow the conversion of a seasonal dwelling to year round use in an area subject to mandatory Shoreland Zoning Controls. See also change of use

     

    Seasonal Dwelling - is a dwelling which has not been utilized as a principal or year round dwelling during the period from 1977 to 1981. Evidence of use as a principal or year round residence [during that period] includes, but is not limited to, the listing of that residence as an occupant's legal residence for the purposes of either voting, filing a state tax return or automobile registration or the occupancy of that residence for a period exceeding 7 months in any calendar year.

     

    Septage - the sludge material pumped from the septic tank of a residential subsurface sewage disposal system/

     

    Service drop - any utility line extension which does not cross or run beneath any portion of a water body provided that: 1) in the case of electric service a.) the placement of wires an/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and b.) the total length of the extension is less than one thousand (1000) feet. 2) in the case of telephone service a.) the extension, regardless of length, will be made by the installation of telephone wires to existing utility poles, or b.) the extension requiring the installation of new utility poles or placement underground is less than one thousand (1000) feet in length.

     

    Setback - the nearest horizontal distance from the normal high water line of a water body or tributary stream, or upland edge of a wetland, to the nearest part of a structure, road, parking space or other regulated object or area.

     

    Shore frontage - the length of a lot bordering on a water body or wetland measured in a straight line between the intersections of the lot lines with the shoreline.

     

    Shoreland common area - a parcel of land containing shore frontage, which parcel is part of a planned development, such as a sub-division or a land owners' association or similar organization, and which parcel provides access to the shoreline for lot owners in the development, subdivision or association. The term also includes shorefront parcels to which more than two families have right of access through written contract or deed.

     

    Shoreland zone - the land area located within two hundred and fifty (250) feet, horizontal distance, of the normal high-water line of any great pond or, river, within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; or within two-hundred and fifty feet (250') horizontal distance,of the normal high-water line of a stream.

     

    Shoreline – the normal high-water line, or upland edge of a freshwater wetland.

     

    Skid trail – a route repeatedly used by forwarding machinery or animal to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal excavation.

     

    Slash - the residue, e.g., treetops and branches, left on the ground after a timber harvest.

     

    Single family residential unit - Single family residential unit means any structure of any kind, including mobile homes, used or designed to house a single family, and shall include those structures used permanently and seasonally.

     

    Stream - a free-flowing body of water from the outlet of a great pond or the confluence of two (2) perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5 minute series topographic map, or if not available, a 15-minute series topographic map, to the point where the body of water becomes a river or flows into another water body or wetland within the shoreland zone and as may be depicted on the Official Shoreland Zoning Map.

     

    Structure - anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of fences and poles, wiring and other aerial equipment normally associated with service drops as well as guying and guy anchors. The term includes structures temporarily or permanently located, such as decks and satellite dishes.

     

    Substantial compliance - The minimum site. setback. and system requirements that must be met for a residence located in the shoreland zone to be converted from seasonal to year round use.

     

    Substantive review - a review of an application to determine whether it complies with the review criteria and with other applicable requirements of this Ordinance.

     

    Substantial start - completion of thirty (30) percent of a permitted structure or use measured as a percentage of estimated total cost.

     

    Subsurface sewage disposal system - any system designed to dispose of waste or waste water on or beneath the surface of the earth; includes, but is not limited to: septic tanks; disposal fields; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; does not include any discharge system licensed under 38 M.R.S.A. section 414, any surface waste water disposal system, or any municipal or quasi-municipal sewer or waste water treatment system.

     

    Sustained slope - a change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measurer area.

     

    System - Abbreviation for subsurface wastewater disposal system.

     

    Timber harvesting – the cutting and removal of timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the shoreland zone on a lot that has less than two (2) acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to Section 15 (P), Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting.[Note: Revised 07.09.10]

     

    Tributary stream - means a channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil, parent material or bedrock; and which is connected hydrologically with other water bodies. “Tributary stream” does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity. This definition does not include the term "stream" as defined elsewhere in the Ordinance, and only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland. See also Stream.

     

    Upland edge of a wetland - the boundary between upland and wetland. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a duration sufficient to support wetland vegetation; or where the soils support the growth of wetland vegetation, but such vegetation is dominated by woody stems that are six (6) meters (approximately twenty (20) foot) tall or taller.

     

    Vault privy - A toilet which retains black waste in a sealed vault. A vault privy is considered a treatment tank for the purpose of the setback distances in Table 6-2 of the Subsurface Wastewater Disposal Rules.

     

    Vegetation - all live trees, shrubs, and other plants including without limitation, trees both over and under 4 inches in diameter, measured at 4 1\2 feet above ground level.

     

    Volume of a structure - the volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof.

     

    Waste - Waste means any liquefied sewage, garbage, sewage sludge, chemical, biological or radiological materials, human body wastes, or any other refuse or effluent in a liquid form generated from domestic, commercial or industrial activities, except any wastes containing insufficient liquid to be free flowing and wastes generated from agricultural activities or animal husbandry.

    Wastewater - The liquid and water borne wastes derived from the ordinary living processes; and other commercial processes producing wastes that are nontoxic, non-hazardous, biodegradable, and free from industrial wastes; that may be disposed of without special treatment into a public sewer or by means of a subsurface wastewater disposal system.

     

    Water body - any great pond, river, and stream. The term water body includes, but is not limited to: natural and artificial lakes, ponds rivers, streams, brooks, swamps, marshes, bogs and tidal marshes. It usually discharges into a larger water body and has a definite channel, bed banks and high water mark.

     

    Water Crossing - any project extending from one bank to the opposite bank of a river stream, tributary stream, or wetland whether under, through, or over the water or wetland. Such projects include but may not be limited to roads, fords, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings. This definition includes crossings for timber harvesting equipment and related activities.

     

    Wetland - a freshwater wetland. See also freshwater wetlands, forested wetlands, and wetlands associated with great ponds and rivers.

     

    Wetlands associated with great ponds and rivers -wetlands contiguous with or adjacent to a great pond or river and which during normal high water are connected by surface water to the great pond or river. Also included are wetlands which are separated from the great pond or river by a berm, causeway, or similar feature less than 100 feet in width, and which have a surface elevation at or below the normal high water line of the great pond or river. Wetlands associated with great ponds or rivers are considered to be part of that great pond or river.

     

    Woody Vegetation - live trees or woody, non-herbaceous shrubs.