Windham Town Council amends Shoreland Ordinance to meet state requirements

Windham Planning Director Amanda Lessard 
reviews town maps that will be updated following
a decision by the Windham Town Council to
amend Windham's Shoreland Ordinance to comply
with the state's Department of Environmental 
Protection's adjusted wetlands requirements.
FILE PHOTO 

By Ed Pierce

The Town of Windham is among the first municipalities in Maine to amend its established shoreland ordinance to comply with the Maine Department of Environmental Protection’s adjusted wetlands requirements.

Recently the state DEP approved the mandatory Maine Shoreland Zoning Act requiring state towns and cities to adopt, administer, and enforce local ordinances that regulate land use activities in the shoreland zone. The shoreland zone is comprised of all land areas within 250 feet, horizontal distance, including normal high-water line of any great pond or river, upland edges of coastal and freshwater wetlands and land areas within 75 feet, horizontal distance, of the normal high-water line of certain streams.

According to the DEP, that rationale for requiring the shoreland ordinance changes are to prevent and control water pollution; to protect fish spawning grounds, bird and wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archeological and historic resources; to protect freshwater and coastal wetlands; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

Windham Planning Director Amanda Lessard told councilors at the Oct. 12 Windham Town Council meeting that during the Windham Planning Board meetings on June 28 and July 26, public hearings were conducted about proposed amendments to the Shoreland Zoning Ordinance, Chapter 199 and the Land Use Map recommended by the Natural Resources Advisory Committee. 

She said that the purpose of the proposed changes is to comply with the Department of Environmental Protection’s minimum shoreland zoning requirements by adding 10-acre freshwater wetlands as Limited Residential (LR) districts, an Inland Waterfowl/Wading Bird Habitat (IWWH) as a Resource Protection (RP) district and Outlet Brook as a Stream Protection (SP) district.

Under the proposed amendment, some terminology such as replacing “Shoreland Zoning Map” with “Land Use Map” and creating a new Resource Protection District would take place. Changes also would delete “75-foot setback” from the definition of a high-water line of a body of water and the amendments would expand the town’s Shoreland Zone definition to include new areas.

Added under the ordinance amendment would be an inland waterfowl and wading bird habitat to a Resource Protection Zone on Albion Road and 10 acres of freshwater wetlands to a Limited Residential Zone and designating Outlet Brook running from Chaffin Pond to the Presumpscot River as a Stream Protection Zone.

“What is before the Council is limited in scope only to map changes that are required by the State's Minimum Shoreland Zoning Act,” Lessard said. “In consultation with DEP they have used the data that is available to all municipalities to show the area of the town that Windham is deficient in meeting the state's requirements.”

She said notification has been made to Windham property owners who will be impacted by the proposed amendments to the Shoreland Ordinance and added to the resource protection district as required by State law.

“This map is intended to bring Windham in compliance with the State statute,” Lessard said.

During the public hearing Elaine Pollock of Gentle Breeze said she understands that this state requires these changes to be made, but she raised her concerns about receiving compensation for anytypes of conservation changes affecting zoning.

“This will result in reduced value, and reduced use,” Pollock said. “If there is some sort of vehicle to make these areas into preserved land, I hope that the council would also step up and put some money in the pot.”

Town Councilor Jarrod Maxfield said because the DEP made the Maine Shoreland Zoning Act mandatory, he wanted town residents to know that the Town Council had no choice but to approve the proposed Shoreland Zoning amendments.

“The state or legislature should step up with compensation,” Maxfield said.

With the public hearing closed, the council voted to approve the amendments as proposed.

Councilor David Nadeau; Timothy Nangle; Mark Morrison; Brett Jones; Edward Ohmott and Maxfield voted yes to amendments, and the proposal was passed, 7-0. Councilor Nick Kalogerakis did not attend the meeting. <