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Coastal Zone information Center UNITED STATES DEPARTMENT OF COMMERCE DRAFT ENVIRONMENTAL IMPACT -STATEMENT PROPOSED FEDERAL APPROVAL OF THE COASTAL ZONE MANAGEMENT PROGRAM, MID-COAST SEGMENT, STATE OF MAINE PREPARED BY OFFICE OF COASTAL ZONE MANAGEMENT TD ATIONAL OCEANIC AND ATMOSPHERICADMINISTRATION 194.5 U.S. DEPARTMENT OF COMMERCE N38 < ROCKVILLE, MARYLAND 20852 COASTAL ZONE INFORMATION CENTER Summary (X) Draft Final Environmental Impact Statement Department of Commerce, National Oceanic and Atmospheric Administration, Office of Coastal Zone Management For additional information about this proposed action or this statement, please contact: Edward T. LaRoe Office of Coastal Zone Management National Oceanic and Atmospheric Administration Rockville, Maryland 20852 Phone (301) 496-8896 1. Proposed Federal approval of the mid-coast segment of Maine's Coastal Zone Management Program W Administrative Legislative 2. It is proposed that the Secretary of Commerce approve the Coastal Zone Management Program application of the mid-coast segment of the state of Maine P.L. 92-583. Approval would permit implementation of the proposed program, allowing program administrative grants to be awarded to the state, and require that Federal actions be consistent with the program. 3. Approval and implementation of the program will restrict or prohibit land and water uses in certain parts of the Maine coast, while promoting and encouraging development and use activities in other parts. This may effect property values, propertyt..ax revenues, and resource extraction or exploration.. The program will provide an :@mproved decision-making process for determining coastal land and water uses and siting of facilities of national interest, and will lead to increased long-term protection of and benefit from the state's coastal resources. 4. Alternatives considered: A. Federal Alternatives to Approval,of Maine CZM Program: 1) Delay approval of Maine CZM Program until all regional plans are DIN completed and approved. 2) Delay approval until state or national land use legislation is adopted. 3) Delay approval until Federal policies establishing the national interest in siting of facilities are developed. B. Implementation and Control Alternatives for the State CZM Program 1) Consolidation of all regulatory authorities in DEP 2) Use of other authorities for funding and implementation of the program 3) Increased d irect state control over its CZM program 4) Increased local government control over the state CZM program C, Alternatives to Proposed Program Elements MUM 7%@,7 1) Change the coastal zone boundary @,,/7 2) Extend permit cont;ok INFORMAYBI CEUT& ,,03,TvffW:.J%cd h=row pits ,us De artV @@l @C:7- Center Li rarY vices waue C astal Ser AA 0 Etob 0.a,&V4 Al3 2234SO StOV4 () 294o-2-A- 5. List of all Federal., State, and local agencies and other parties from which comments have been requested. Federal Agencies Department of Agriculture Agricultural Stabilization and Conservation Service Forest Service Soil Conservation Service Rural Electrification Administration Agriculture Research Service Department of Defense Army Corps of Engineers U.S. Navy (Ship Pollution Control) Department of the Interior Bureau of Land Management (public lands) office of Oil and Gas Bureau of Outdoor Recreation Fish and Wildlife Service Bureau of Indian Affairs (Indian lands) Geological Survey National Park Service Office of Land Use and Water Planning Bureau of Reclamation office of Saline Water Bureau of Mines Power Marketing Administration Department of Transportation Coast Guard Transport and Pipeline Safety Environmental Protection Agency Regional Administrator, Region I U. S. Water Resources Council Department of Health, Education and Welfare Public Health Service Department of Housing and Urban Development Nuclear Regulatory Commission Department of Justice Energy Research and Development Administration Federal Energy Administration Federal Power Commission General Services Administration National Aeronautics and Space Administration (remote sensing) Advisory Counci.1 on Historic Preservation Federal-State New England River Basins Commission State Maine Department of Agriculture Department of Commerce and Industry Department of Conservation Department of Environmental Protection Department of Inland Fisheries and Game Department of Marine Resources Department of Transportation State Planning Office Public Utilities Commission State Department of Finance and Administration Bureau of Property Taxation Regional Planning Commissions Eastern Mid-Coast RPC Hancock County RPC Greater Portland Council of Government Penobscot Valley RPC Southern Maine RPC Southern Mid-Coast RPC Washington County RPC Southern Kennebec County RFC Other Parties American Institute of Planners Appalachian Mountain Club Associated Industries of Maine Casco Bay Island Development Association Environmental Defense Fund Izaak Walton League League of Women Voters Maine Association of Conservation Commissions Maine Association of Soil and Water Conservation District Supervisors Maine Audubon Society Maine Coast Heritage Trust Maine Farm Bureau Maine Fish and Game Association Maine Mid-Coast Route 1 Association Maine Times Merrymeeting Audubon Society Mid-Coast Audubon Society National Audubon Society National Environmental Defense Fund National Resources Council National Resources Council of Maine National Wildlife Federation Natural Resources Defense Council Nature Conservancy-, The Rockland Chamber of Commerce Sheepscot Valley Conservation Association Sierra Club Spiker, LaRue, Ms. State Biologist Association TRIGOM 6. Draft Statement transmitted to the Council on Environmental Quality on March 21, 1975, and made available to the pub-1 ic on March 28, 1975. A public hearing will be held on this proposai on May 5, 1975, at 7:30 p.m. in the Wiscasset Municipal Building, Wiscasset, Maine and on May 6, 1975, at 7:30 p.m. in the Ellsworth City Hall, Ellsworth, Maine. TA37-E 07. C017TENTS Page I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Ii. DESCRIPTION OF THE PROPOSED ACTION . . . . . . . . . . . . . . . . . 2 III. DESCRIPTION OF THE ENVIRONMENT AFFECTED . . . . . . . . . . . . . . 25 IV. RELATIONSHIP OF THE PROPOSED ACTION TO LAND USE PLANS POLICIES AND CONTROLS FOR THE AREA . ... . . . . . . . . . . . . . 35 V. PROBABLE IMPACT OF THE PROPOSED ACTION ON THE ENVIRONMENT . . . . . 37 Vi. ALTERNATIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 A. Federal Alternatives to Approval of the Maine Coastal Zone Management Program . . . . . . . . . . . . . . . 44 B. Implementation and Control Alternatives for the State Coastal Zone Management Program . . . . . . . . . . . . . . . 47 C. Alternatives to Proposed Program Elements . . . . . . . . . . . . 49 VII. PROBABLE ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED 51 VIII. RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY 52 Ix. IRREVOCABLE OR IRRETRIEVABLE COMMITMENTS OF RESOURCES THAT WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED 52 X. CONSULTATION AND COORDINATION WITH OTHERS . . . . . . . . . . . . . 53 XI. PUBLIC HEARING . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 REFERENCES APPENDIX 1. Federal Coastal Zone Management Act of 1972 (P.L. 92-583) 2. Final Guidelines, Coastal Zone Management Program Administrative Grants 3. Revised planning and zoning statutes in Maine 4. Proposed Executive Order establishing a Governor's Cabinet Committee on Land Use 5. An Introduction to the Maine Coastal Plan I. INTRODUCTION In response to the intense pressures upon, the conflicts within, and the importance of the coastal zone of the United States, the Congress in 1972 passed the Coastal Zone Management Act (P.L. 92-583; 86 Stat. 1280; herein- after referred to as the Act; included as Appendix 1). Signed into law by President Nixon on October 27, 1972, the Act authorized a new Federal pro- gram to be administered by the Secretary of Commerce, who in turn delegated this responsibility to the National Oceanic and Atmospheric Administration (NOAA) . The Act affirms a national interest in the effective management, beneficial use, protection, and development of the coastal zone, and provides assistance and encouragement to the coastal states to develop and implement rational programs for managing their coastal zones. Three financial assistance grant programs are authorized by the Act. Section 305 authorizes annual grants to assist any United States coastal state or territory in the development of a management program for the land and water resources of its coastal zone (program development grants). Under Section 306, after developing a manage- ment program, the state may submit it to the Secretary of Commerce for approval; if approved, the state is then eligible for annual grants to ad- minister its management program (program administration grants). A third section (Section 312) provides grants for an estuarine sanctuary program, to preserve a representative series of undisturbed estuarine areas for long- term scientific and educational purposes. As an additional incentive for state participation, the Act stipulates that Federal actions within the coastal zone shall be, to the maximum extent feasible, consistent with approved state management programs (the "Federal consistency" requirement, Section 307). Guidelines defining the proceduresby which states can qualify to receive development grants under Section 305 of the Act, and the policies for development of a state management program, were published on November 29, 1973 (15 CFR Part 920, Federal Register 38(229):33044-33051). By the end of Fiscal Year 1974, 28 of--34coastal states-and territories had received pro- gram development grants. Guidelines for the implementation of the estuarine sanctuary program were published on June 4, 1974 (15 CFR Part 921, Federal Register 39(108): 1922-1927), and the first estuarine sanctuary grant was awarded to the State of Oregon on June 27, 1974. On January 9, 1975, NOAA's Office of Coastal Zone Management (OCZM) published criteria to be used for approving state coastal zone management programs and guidelines for program administrative grants (15 CFR Part 923, Federal Register 40(6):1683-1695; see Appendix 2). These proposed criteria and guide- lines set forth (a) the standards to be utilized by the Secretary of Commerce in reviewing and approving coastal zone management programs developed and sub- mitted by coastal states for approval, (b) procedures by which coastal states may qualify to receive program administrative grants, and (c) policies for the administration by coastal states of approved coastal zone management programs. 2 Pursuant to the Section 306 guidelines, OCZM has now received for review and Secretarial approval, proposed coastal zone management programs, in varying stages of completion, from four states for all or part of their coasts: Washington, Oregon, the mid-coast segment of Maine (seeking seg- mented approval), and the San Francisco Bay Area Conservation and Development Commission (also seeking segmented approval). The OCZM has determined that approval of a state's coastal zone management program, with resultant impacts of potential funding, consistency of Federal actions and permits, and ultimately land-use in toto, has the potential for causing a significant impact on the environment, and that, therefore, an environmental impact statement should be prepared pursuant to the National Environmental Policy Act (NEPA). This environmental impact statement is in- tended to present for review by interested parties the State of Maine's coastal zone management program and its application for approval of the program for the state's mid-coast region, under Section 306 of the Coastal Zone Management Act. Because of the nature of the Maine program submission, which consists largely of guidelines, state technical assistance to the regional level, and coordinative mechanisms for implementation, as well as the nature of the Federal program approval itself, which focuses more upon the procedure which the state has used to develop its program rather than its substance, this environmental statement is necessarily different from and more general than the more usual, project-oriented EIS. DESCRIPTION OF THE PROPOSED ACTION A. The Federal Coastal Zone Management Program The enactment of the Coastal Zone Management Act of 1972 culminated a lengthy history of Federal interest in and concern for the coastal zone and its re- sources. Significant national interest can be traced from the Committee on Oceanography of the National Academy of Sciences' (NASCO) 12-volume report, "Oceanography 1960-1970," (1959) to the Report of the Commission on Marine Science, Engineering, and Resources (1969), which proposed that a Coastal Management Act be enacted that would "provide policy objectives for the coastal zone and authorize Federal grants-in-aid to facilitate the estab- lishment of State Coastal Zone Authorities empowered to manage the coastal waters and adjacent land." (p.56) The National Estuarine Pollution Study (1969), authorized by the Clean Water Restoration Act of 1966, and the National Estuary Study (1970), authorized by the Estuarine Areas Study Act of 1968, further documented the importance of the conflicting demands upon our Nation's coasts. Together these reports stressed the need to protect and wisely use these important national resources, and concurred that a specific program designed to promote the thoughtful protection and management of our coastal zone was necessary. 3 In response to these recommendations, the first legislative proposals for coastal management programs were introduced in 1969. Long and extensive hearings were held on these and subsequent bills during the next three years (e.g.: House 91-14, 91-46, and 92-16; Senate 92-15, 92-753, and 92-1049). The overwhelming support for the final Act (P.L. 92-583), which passed 68-0 in the Senate and 376-6 in the House, clearly reflected the need for decisive action in the coastal zone. The Act opens by stating that "Thereis a national interest in the effective management, beneficial use, protection, and development of the coastal zones." (Section .302(a)). The statement of Congressional findings goes on to describe how competition for the utilization of coastal resources, brought on by the increased demands of population growth and economic expansion, has led to the degradation of the coastal environment, citing "loss of living marine resources, wildlife, and nutrien't-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion." The Act then states that the "key to more effective protection and use of the land and water resources of the coastal zone is to encourage the states to exercise their full authority over the lands and waters in the coastal zone by assisting the states . . . in developing land and water use decisions with more than local significance." (Section 302(h)). While local governments and Federal agencies are required to cooperate, coordi- nate and participate in the development of the management programs, the .P state level of government is clearly given the central.role and responsi- bility for this process. The Act provides a number of incentives and means of achieving these objectives and policies. Under Section 305 it enables the 30 coastal states (Great Lakes states are included) and four coastal terri- tories to receive grants from NOAA to cover two-thirds of the costs of developing coastal zone management programs. Broad guidelines and minimum requirements in the Act provide the necessary direction for developing these programs. For example, during the program development, each state must address specific issues such as the boundaries of its coastal zone; geographic areasof particular concern; permissible and priority land and water uses, including specifically those uses that are undesirable or of lowest priority; and areas for preservation or restoration. During the planning process, the state is directed to consult with local, regional, and relevant Federal agencies and governments, and general public interests. These annual grants can be renewed twice, so that Federal support can be provided to states for up to three years for this program development phase. Upon completion and adoption of the management program by the state, and after approval by the Secretary of Commerce, states and territories are eligible under Section 306 to receive administrative grants (presumably in greater amounts than for program development) to cover two-thirds of the costs of implementing these programs. The criteria for approval of state coastal zone management programs and guidelines for applying for program administrative grants are provided in Appendix-2. The states' administration of their programs will be reviewed annually by OCZM and, as long as they are administered consistently, with the approved management program, the states will remain eligible for annual administrative gr-nts. The Act provides that the views of Federal agencies principally affected by such programs must be adequately considered by the Secretary of Commerce in his review and approval of the management program. The Department has established a formal review process to receive the comments from such Federal agencies and to resolve any serious disagreements. (15 CFR Part 925, Interim Regulations. Federal Register, Vol. 40, No. 41, February 28, 1975). Evaluation of a state's program in terms of compliance with the statutory requirements established in the Act and guidelines will concentrate primarily upon the adequacy of state processes in dealing with key coastal problems and issues. It will not, in general, deal with the wisdom of specific land and water use decisions, but rather with a determination that in addressing those problems and issues, the state is aware of the full range of present and potential needs and uses of the coastal zone, and has developed procedures, based upon scientific knowledge, public participation and unified governmental policies, for making reasoned choices and decisions. Management programs will be evaluated in the light of the Congressional findings and policies as contained in Sections 302 and 303 of the Act. These sections make it clear that Congress in enacting the legislation was concerned about the environmental degradation, damage to natural and scenic areas, loss of living marine resources and wildlife, decreasing open space for public use, and shoreline erosion being brought about by population growth and economic development. The Act thus has a strong environmental thrust, stressing the Iturgent need to protect and to give high priority to natural systems in the coastal zone." A close working relationship between the agency responsible for the coastal zone management program and the agencies responsible for environ- mental protection is vital in carrying out this legislative intent. States are encouraged by the Act to take into account ecological, cultural, historic and esthetic values as well as the need for economic development in preparing and implementing management programs through which the states, with the participation of all affected interests and levels of government, exercise their full authority over coastal lands and waters. In addition, the Act provides coastal states and territories with the oppor- tunity to apply for grants to cover one-half of the costs of acquisition, development and operation of estuarine sanctuaries, wherein natural field laboratories are established in order that scientists and students may be provided the opportunity to examine over a period of time ecological relation- ships in representative undisturbed estuaries of the coastal zone. Although signed in October 1972, the implementation of the Federal Coastal Zone Management Program was delayed by the Administration's decision not to request appropriations for the remainder of FY 1973 or FY 1974. This decision was made on the grounds that more information on the nature and extent of state activities and needs was required before committing funds, and because of the desire by the Administration to coordinate or subsume the operation of the coastal zone management program with or under the then pending land-use legislation. Eventually in response to the pressing needs and demands in the coastal zone, and in view of apparent action on the land-use legislation, the President in August 1973, forwarded an amended budget request to Congress requesting $5 million to begin implementation of the Coastal Zone Management Act. This request was amended by Congress to provide a final 5 appropriation of $12 million for FY 1974, and was signed by the President on Novenber 27,1973. About $7.2 million of this total was for program development grants (Section 305), $4 million for estuarine sanctuary grents, and $800,0.00 for program administration within NOAA. The OCZM budget for FY 1975 remained at $12 million, distributed, however, as $9 milli-on for program development, $2.1 million for state program administration grants, and $900,000 for internal NOAA program administration. About $3.2 million remained available in the estuarine sanctuary program as carry over funds from FY 1974. Currently 29 of the 30 eligible states, and two of four eligible territories have received grants under the program. Grant awards through February 1975 are summarized in Table I. B. The Maine Coastal Zone Management Program Maine's coastal zone management (CZM) program began in 1969 with adoption of the "Maine Coastal Development Plan - Work Program" and has progressed through various executive, legislative and research phases to the point where the first of four coastal management areas, the Mid-Coast Segment, is being proposed for approval. (See Fig. 1 for a depiction of the mid-coast segment.) The State Planning Office (SPO) has the lead role in the development of the management program and is the single state agency applying for approval. However, the program has been developed with t1-.c participation of Federal,. state, regional, and local agencies, as well as with the involvement . of citizens and interest groups. As the State began to develop its CZM program, the SPO identified three major problems facing the Maine coast. These were: The lack of an objective, workable resource data base; The absence of public consensus on policy for guiding land and water management and enforcement activities; and An overburdened state and local regulatory and enforcement network. The Maine coastal plan and program has been developed to address these problems as rapidly as possible. In essence, Maine's approach to coastal zone management has been to pull together existing authorities, provide a Sound resource data base for planning and decision-making, and coordinate the various state and regional agencies and their responsibilities. The program will be further refined as a continuing process, guided by flexible but basic goals and objectives. The following excerpt from the SPO's publication, "An Introduction to the Maine Coastal Plan," (included in the Appendix) summarizes these goals and objectives: Coal: To develop a comprehensive plan providing for compatible and multiple uses of the coastal zone, optimizing those intrinsic and real values assuring the greatest long-term social and economic benefits for the people of the State of Maine. 6 TABLE I Status of Grant Awards, Office of Coastal Zone Management (including amendments approved through February 1975) FY 1974 Section 305 Date Federal Matching Total State or Territory Awarded Share- -Share Program Rhode Island 3/13/74 $154,415 $77,208 $231,623 Maine 3/13/74 $230,000 $115,000 $345,000 Oregon 3/13/74 $250,132 $141,214 $391,346 California 4/23/74 $720,000 $371,546 $1,091,946 Mississippi 4/23/74 $101,564 $50,782 $152,346 Michigan 4/23/74 $330,486 $203,961 $534,447 South Carolina 5/10/74 $198,485 $100,015 $298,500 Maryland 5/10/74 $280,000 $185,765 $465,765 Washington 5/14/74 $388,820 $194,410 $583,230 Texas 5/16/74 $360,000 $191,648 $551,648 Ohio 5/21/74 $200,000 $166,300 $366,300 Massachusetts 6/4/74 $210,000 $105,000 $315,000 Connecticut 6/5/74 $194,285 $130,359 $324,644 New Hampshire 6/7/74 $78,000 $39,000 $117,000 Hawaii 6/10/74 $250,000 $125,000 $375,000 Georgia 6/13/74 $188,000 $115,400 $303,400 Delaware 6/14/74 $166,666 $83,334 $250,000 Florida 6/14/74 $450,000 $285,853 $735,853 Wisconsin 6/20/74 $208,000 $145,215 $353,215 Pennsylvania 6/20/74 $150,000 $75,000 $225,000 Alabama 6/20/74 $100,000 $50,000 $150,000 Minnesota 6/21/74 $99,500 $49,750 $149,250 North Carolina 6/21/74 $300,000 $200,000 $500,000 Illinois 6/24/74 $206,000 $103,000 $309,000 Alaska 6/26/74 $600,000 $300,000 $900,000 Louisiana 6/26/74 $260,000 $134,090 $394,090 Puerto Rico 6/26/74 $250,000 $125,000 $375,000 New Jersey 6/27/74 $275,000 $137,500 $412,500 Section 312 Oregon 6/27/74 $823,965 $823,965 $1,647,930 FY 1975 Section 305 Virginia 8/14/74 $251,044 $125,522 $376,566 New York 11/8/74 $550,000 $275,000 $825,000 Virgin Islands 11/26/74 $90,000 $45,000 $135,000 *Oregon 2/11/75 $158,811 $79,406 $238,217 *Second grant award. 7 MAINE COASTAL ZONE 4. 30 T_ _X- r." REGIONS 1. Upper Penobscot Bay 2. Knox Region Bay t East Penob3COU Hancock Count 4. Easu L'y OAR 5. Lincoln County C 0 6. Western Mid - Coast West '@7ashington Co. 8. Cent Washington Co. 9. 3ast '3ashin-ton Co. 10. Cumbe--land PREftRED BY* ureater Portland tw Z MAINE STATE PLANNING 11. oout-hern Tai ne OFFICE 12. Ban";Ior Area r_-@ 17. Augus-'a Area Regions 1-6 = Mid-coast Segment FIGURE I 8 Table Areas of Specific State Concern 1. Hazard Areas: 11. Areas of scientific, historic, and prehistoric 1. Floodplains significance: 2. Other hazard areas 1. Areas of scientific significance 2. Areas of historic and prehistoric sig- nificance Ill. Areas of scenic or visual signifcance: IV. Areas where development affects the public 1. Significant scenic vistas, foreground and which are under intense development components, and viewpoints 1. Shoreland areas as defined in state law 2. Significant scenic or aesthetic areas 2. Areas within 250 feet of federal and state or sites highways 3. Approach and egress routes of town centers V. Areas with economically valuable or po- VI. Ecologically Sensitive Areas: tentially valuable natural resources: 1 .Wetlands 1. Areas with valuable mineral resources 2. Beach and dune systems 2. Aquaculture sites 3. Shoreland areas especially vulnerable to 3. Significant agricultural areas erosion or slumping 4. Other significant, ecologically sensitive areas VII. Areas which offer significant recreational Vill. Routes of Public Access: opportunities: 1. Existing routes of public access 1. Significant beaches 2. Potential routes of public access 2. Heavily used footpaths 3. Other areas which offer significant recre- ational opportunities IX. Important Habitats: Where possible, the relative importance of these 1. Deer wintering areas areas will also be indicated on the Synthesis map. 2. Waterfowl nesting areas Three categories of importance will be used: (1) 3. Waterfowl overwintering areas high importance; (2) of higher importance; and, 4. Clam flats (3) of highest importance. 5. Worm flats Where it is not possible to categorize the impor- 6. Lobster concentration areas tance of areas, this rating will be omitted. 7. Scallop concentration areas 8. Other important habitats 9 Objectives: 1. Inventory coastal resources and existing uses. 2. Develop a resource classification system with appropriate uses and development standards as a basis for regulating activities within the coastal zone. 3. Identify areas of major and impending conflicts and indicate priorities for immediate action. 4. Propose regulations and controls to insure that coastal resources will be used in a manner that is consistent with their natural character and ecological relationships. 5. Elicit public views and interests through public hearings and other concurrent planning. 6. Coordinate efforts with other New England coastal states. 7. Propose institutional arrangements, state legislation, and local ordinances necessary to implement the Maine Coastal Plan. Maine's basic approach to CZM may be summarized as follows: 1. Primary state attention should focus upon coordinating existing laws and authorities, and providing them with additional financial, technical, and administrative assistance. 2. A unified regulatory system should be developed based on an objective resource inventory and classification system. 3. The program should balance regional and local implementation with increased state authority in specific areas of statewide concern, such as critical areas designation, water quality, wetlands regulation, and public lands. 4. The SPO through the regional planning commisions should provide technical assistance to state and local regulatory agencies and should administer local grants. The specific framework for developing and administering Maine's CZM program derives from a variety of laws and administrative actions. Four basic state laws form the foundation for the program. These are: (1) the Site Location of Development Act; (2) the Mandatory Shoreland Zoning Act; (3) the Wetlands Protection Act; and (4) the Registry of Critical Areas Act. These and other appropriate state laws will be administered in a coordinated fashion, to achieve comprehensive management objectives which are explicitly defined in an Executive Order proposed by the Governor. The Cabinet Committee on Land Use, established by this Executive Order, will coordinate state land-use policy,'takig@g appropriate measures to incorporate CZM's natural resource analysis for @oastal areas. These four acts, and the draft Executive 10 Order, of fundamental importance to the Maine program, are presented in Appendices 3 and 4 ). To insure the necessary coordination of the various state planning, regu- latory, and enforcement activities, the central state agencies, including the Board of Environmental Protection, the Shoreland Zoning Policy Task Force, the Land Use Regulation Commission, and the Critical Areas Registry Board, have adopted policy statements which provide that the coastal zone management policy and natural resource analysis will be incorporated into decisions made by these agencies. Appropriate regional planning commissions will also adopt policy statements supporting the state coastal zone management program and stating a willing- ness to expand their land-use management service and coordination role to serve as the focus for implementing the state CZM program. To provide the necessary resource data base for the CZM program and decision- making, the SPO has undertaken a comprehensive resources inventory. Data on the following natural resources have been gathered and mapped for the mid- coast segment, and are being completed for the other coastal segments: - Geological resources - Slopes and Soils - Hydrology, including drainage/watershed, groundwater, water quality classification, and coastal lakes - Land-use types - Living resources, including wildlife habitats, marine environments, and marine resources - Scenic resources - Recreational resources. These resource maps will be compiled into a coastal resource atlas. Socio-economic aspects of the coastal zone are also being inventoried. These will include the following major elements: population, taxation, land- use, economics, housing, transportation, education, and recreation. The SPO has analyzed the data from the resource inventory and mapping effort and synthesized it into maps intended to guide land-use decision-making. These maps show Areas of Particular State Concern and the Suitability of Areas for Activities of Major State Concern. The Areas of Particular State Concern include nine major elements (Table II) and identify conflict areas which are of more than local concern. Three Activities of Major Concern have been identified (Table III) and individually mapped according to whether areas are suitable, of intermediate suitability, or unsuitable for the major activities. Several maps are used to portray the various data and conclusions for a small portion of the coast. Because these maps are at a scale of 1:48,000 several sets will be necessary to cover the entire coast. Examples of the synthesis TABLE III SUITABILITY OF LAND AND WATER AREAS FOR SELECTED ACTIVITIES OF MAJOR CONCERN Purpose: to indicate the suitability of land and water areas for selected activities of major concern from the perspective of resource capabilities and preventing use conflicts of more than local concern. I. The Suitability of Land Areas for Selected Large-scale Development Activities A. Selected Activities of Major Concern: 1. Construction of large buildings such as industrial plants, ware- houses, port facilities, power plants, commercial complexes, office buildings, shopping centers, and others similar. 2. Large residential developments or subdivisions with septic sewage disposal. 3. Large residential developments or subdivisions with sewage col- lection systems. B. Categories Into Which Area is Divided: 1. Areas which are suitable for siting large buildings. 2. Areas which are of intermediate suitability for siting large buildings. 3. Areas which are unsuitable for siting large buildings. 4. Areas which are suitable for subdivisions with septic sewage disposal. 5. Areas which are of intermediate suitability for subdivisions with septi*csewage disposal. 6. Areas which are unsuitable for subdivisions with septic sewage disposal. 7. Areas which are suitable for subdivisions with sewage collection systems. 8. Areas which are of intermediate suitability for subdivisions with sewage collection systems. 9. Areas which are unsuitable for subdivisions with sewage col- lection systems. C. Considerations in Determining Suitability: 1. Soil conditions. 2. Surficial and bedrock geologic conditions. 3. Presence or absence of hazards. 4. Presence or absence of potential conflicts between development activity and significant public values. Note that categories in Section B are not mutually exclusive, e.g., an area might be classified in categories 1, 4, and 7. 12 maps, which will form the basis for CZM program decision-making at the local and state levels, are included in Figures 2 through 6. Segmentation The inventory and analysis process above has been conducted comprehensively on a region by region basis, rather than coastwide, factor by factor, to enable a more rapid synthesis and more immediate use. This process 17-s been completed for the mid-coast segment of Maine, which extends from the Hancock County coastal community of Gouldsboro to Brunswick in Cumberland County. In order to begin implementation of the CZM program in this region Maine is requesting approval for this segment of its coast. The segment includes more than 60% of the Maine shoreline and nearly 30% of its coastal population. The segment is a geo-political and resource unit which incorporates regions adopted by the state for planning, management, and service delivery. The state has a plan and timetable for completing the remaining segments of the Maine CZM program. Completion of the Washington County, Cumberland County and York County segments is scheduled for December 1975. The final two areas of the coastal zone, the Penobscot and Kennebec coastal river areas, are scheduled for completion by June 1976. In general terms, the Southwestern segment of the Maine coastal zone is already significantly developed. The northeastern segment by contrast is far enough away from the larger northeast population centers to escape immediate urbanization and development pressure. The mid-coast segment experiences more pressure and conflict, is the most diverse environmentally and socially, and is con- sequently in more urgent need of effective management than the other segments of the Maine coast. Due to these factors, its size, the availability of data, and its proximity to the center of government, the state chose to begin the coastal management program in the mid-coast segment and then extend the knowledge and experience there to develop and refine a CZM program for the remaining northeastern and southwestern coastal segments. .Elements of the Program The primary purpose of this program is to address resource planning and management problems of state concern. These include the management of con- flict areas where state interests are involved, the siting of large-scale developments such as those requiring approval under the Site Location of Development Act, the administration of the Shoreland Zoning Act and the Land Use Regulation Act, and guiding the general pattern of resource use at a regional scale. Another purpose is to provide a versatile information base for planning by regional planning commissions, municipalities, and other organizations and individuals. Still another purpose, which is both supplemental to and an integral part of the two above, is to educate the public and public officials as to resource planning considerations and issues. 13 Boundary The boundary of Maine's CZM program was developed from a combination of local political and physical features. The areas most directly managed and the relevant authorities are: a) Upland areas: all uses within 250' from mean high water - locally regulated - state approval and review required (Mandatory Shoreland Zoning Act of 1971). b) Upland areas: high impact uses, first tier of towns on tidewater - state approval and review required with local comment for develop- ments in excess of 60,000 square feet and subdivisions larger than 20 acres (Site Location of Development Act). c) Intertidal areas: all proposed alterations, entire area to the reach of tidal influence - state approval and review required with local comment (Wetland Control and Protection Act of 1972). d) Offshore areas: three nautical miles - special Governor's committee coordinating state agency responsibilities and authorities. Excluded from the state CZM boundary are all Federal lands in the coast, such as Acadia National Park, Federal Wildlife Refuges, and Brunswick Naval Air Station. In essence, uses of the immediate shoreland are subject to local control according to state guidelines and criteria under the Mandatory Shoreland Zoning Act of 1971. High intensity uses within and beyond the immediate shoreline (250 feet) and within the first tier of towns on tidewater (extending inland perhaps 10 miles) are directly regulated by the state in accordance with the provisions of the state's Site Location of Development Act. Thus defined, Maine's coastal zone is a strip about 10 miles wide (13 miles including the territorial sea) along the coastal and tidewater areas, and includes 140 town or minor civil divisions. Permissible Land and Water Uses Maine's methodology for addressing the impacts of existing, projected and potential uses and arriving at what constitutes permissible land and water use is based upon its resource inventory and capability, suitability and synthesis analysis. This approach serves to guide an array of legal controls, both state and local, in applying performance standards and criteria to development proposals. 7-014IN Ot4',&416WSz 4RE,4S 0,-- 4,9--4 --50' 0,- Sr,4r-'- Oi@ 1P14Rr1C41L,4R COACERA IY'IS7-0,qlC S17--- SCIEA,'rl,'-IC S161VII-IC,4,VC-- Z@ 0 W. 70 0/ &,@-S-r,47@-- "W 14Rh-,4S 0,0' '-Z W-FTLAIVOSI CO,41C,6-R1'V A 6RIC44@ 7-11R,41- L lz :-77 - __7 @Ilj jj N N !In Ip -14 @4 Lki oval* 001W 1704W .110 -EE= -RZ YO-71 4-Z 7A90@Z 117S' 19 Uses of the immediate shoreland are subject to local control, but according to state guidelines and criteria under the Mandatory Shoreland Zoning Act of 1971. High intensity uses within and beyond the immediate shoreline (250') and within the first tier of town on tidewater are directly regulated by the state in accordance with the provisions of the state's Site Location of Development Act. In essence, the management progr am has not excluded any particular uses from the coastal zone as a whole, but has focused upon restricting uses to suitable areas. Even where an area appears capable of accommodating specific classes of use stringent performance standards are applied to proposals. Three principal land and resource features are involved in making these determinations: 1. Soil and surficial geologiral material which are either improperly drained, unstable, or otherwise unsuitable for construction and maintenance of large buildings; 2. Bedrock geologic conditions which are either waterbearing, unstable, or otherwise unsuitable for the construction and maintenance of large buildings; 3. Locations on or in flood plains, areas of scientific significance, areas of historic and prehistoric significance, significant scenic or aesthetic areas, the foregrounds of significant views, wetlands, significant beach areas or beach and dune systems, shoreland areas especially vulnerable to erosion or slumping, other significant ecologically sensitive areas, and significant wildlife habitats (including deer wintering areas and waterfowl nesting areas). An additional principal criterion for determining use suitability is an assess- ment of surface or subsurface waters to determine their capacity to assimilate currently unavoidable discharges of pollutants from development activities. Areas of Particular State Concern Based upon a review of natural and manmade coastal zone resources and uses, and upon consideration of state established criteria, areas of specific state concern have been identified. In general terms, areas of particular state concern consist of conflict areas, areas where existing or potential uses may affect the state community as a whole, areas where hazards exist and areas of unique, fragile, valuable, or scenic resources. These areas are all delineated on the synthesis maps, an example of which is included in Figures 2 and 3. 20 Guidelines on Priority of Uses The Maine management program includes broad policies and guidelines governing the relative priorities which will be aDplied: in the coastal zone. The priorities are based upon an ongoing anilysis of state and local needs as well as the effect of the uses on the area's resources. The establishment of specific priorities according to particular areas, however, is a dynamic, continuous process of goal formulation and interaction at all levels of government. The major instrument for refining and clarifying coastal priorities will be the Governor's Cabinet Committee on-Land Use and the Commission on Maine's Future. Characteristic examples of priorities already established by law are the following: 11 . . the State of Maine has an overriding interest in the optimum d;velopment and preservation of certain land and water areas of the state. . . sites or areas of unusual natural scenic, scientific, or historical significance are areas of such overriding state interest." (Critical Areas Registry Act) the police powers of the state (are to be exercised) to control, abate, and prevent the pollution of air, waters, and coastal flats, and prevent diminution of the highest and best use of the natural environ- ment of the state." (Site Location of Development Act) the highest and best uses of the seacoast of the state are as a source of public and private recreation and solace from the pressures of an industrialized society, and as a source of public use and private commerce in fishing, lobstering, and gathering other marine life used and useful in food production and other commercial activities." (Coastal Conveyance of Petroleum Act). Table IV summarizes the priorities the CZM program will use, subject to ref ine- ment and clarification at the state and regional scale. Area Designation for Preservation and Restoration Under the auspices of The Nature Conservancy and later the Smithsonian Institute, and using as a model the English coastal experience, the Maine State Planning Office initiated a preservation analysis of unique and important environmental areas for the entire coast. As a result of this analysis, 32 conservation zones were identified as candidates for preservation. Two of these areas, Merrymeeting Bay and Petit Manan, have been selected for pilot programs by the Department of Conservation. This study has also been used to underpin the initial designations and ultimate protection of areas through the dritical Areas Registry Board. C14 TABLE IV Areas of Historic or .@'iaelines @-!@,riry of Uses in Areas of Particular Concern Prehistoric Significance, cont'd and other facilities ano structures. A.ecs of prehistoric significance are largely existing and potential sites for archaeologic digs. High A-ac T) 1= Guidelines an Priority of Uses priority uses for these areas are those which maintain the areas in a condition suitable for such digs. These Floodplains Floodplain areas should be used primarily for involve largely open space uses such as low intensity activities such as agriculture, timber production, recreation, educational, research, and forest management. and outdoor recreation. In general, they should Low priority uses involve disturbance of the site as the not be used for activities which would impede the result of construction or other activities. Such uses flow of flood waters, reduce the capacity of flood include construction of buildings, roads, bridges, or channels to accomodate flood waters, result in hazards other structures; high intensity recreation; oariculture; to human health or safety, or invite substantial property and others similar. losses in the event of a flood. Such activities include improper construction and location of bridges, wharves, Significant Scenic Viewpoints breakwaters, buildings, and other structures; and use of and Foreground Components of these areas for residential purposes or the storage of the Views High priority uses for these a,pas ore those which do not hazardous materials. Exceptions to the general care conflict with scenic values and access to them. In some are in order where there is substantial existing development. cases, only open space uses such as timber production, agriculture, wildlife production, low intensity outdoor Other Hazard Areas Due to their variable nature, these area's priorities must recreation, and others similar are high priority. In be assigned to these areas on a case by case basis. In other cases, generally where there is existing development, general, open space uses are considered to have higher properly designed structures for residential, commercial, priority than development uses which in most cases would or industrial uses would also have high priority. Low be expected to be in conflict with concerns for protecting priority uses are those which would detract from scenic human health and safety. qualities or prevent access to them. Such uses include obtrusive or improperly located structures for any Areas of Scientific Significance Areas of scientific significance are also widely variable. purposes. In general however, uses with the highest priority are open space uses involving research, education, and limited Significant Scenic or recreation. Depending upon the specific nature of the Aesthetic Areas of Sites High and lo@r priority uses in these areas are generally crec, uses involving more active management such as the some as those For the preceding category. However, timber harvesting or intensive recreation may or may in relation to significant scenic or aesthetic areas, our not be desirable. Development uses ore generally concerns are some-hot broader than in the previous of low priority because they would conflict with the category, thus uses which would interfere with any scientific values these areas possess. significant aesthetic quality would be of low priority. In addition to those mentioned in the previous section, Arem c.' low priority uses for these areas include those which Preki stc-; - Si or; c-jr, Historic areas within this category involve to a large would interfere with water flow, wave action, or other extent historic buildings. Highest priority uses for characteristics of the site which ore aesthetically these areas are those which involve the maintenance significant. of these buildings. These uses are residential uses largely, but also include educational and limited Shoreland Areas In general, high priority uses in these areas are those commercial uses as well. Low priority uses include hich do not contribute to the degradation of visual those h;ch would involve substantial modification a, or water quality and do not preclude access to the demolition of the structures of interest. Such uses shoreline. These include properly located, designed, include construction of new buildings, bridges, highways, and constructed recreational, residential, commercial, and industrial uses as well as a variety of open space uses such as timber production, wildlife production, low intensity recreation, and agriculture. Within this TABLE IV (continued) Shoreland Areas, cont'd brood array of activities which require access to Aquaculture Sites, cont'd aquaculture by precluding access or polluting the the shoreline and those which substantially benefit water from it are highest priority, The basic concern in this area is not so much with what activities are conducted Significant Agricultural as how they are conducted. Low priority uses include Sites High priority uses are agriculture uses. Low improperly located, designed, and constructed buildings, priority uses are those which involve development roads, bridges, and other structures for any purposes for residential, commercial, and industrial uses. as well as refuse disposal uses which discharge excessive quantities of pollutants to surface waters. Wetlands High priority uses are wildlife management, forestry, low intensity recreation and others similar. Low Areas Within 250 feet of priority uses are those which involve filling or Highways As in the previous case, the concern in roadside areas altering the water table such as development for is not so much with the type of activities which take residential, commercial, and industrial uses. place as how they are conducted. High priority uses are those which do not result in visual degradation or Beach and Dune Systems High priority uses are open space uses such as unsafe traffic conditions. These involve property located, wildlife management, and low intensity recreation. designed, and constructed buildings, roads, bridges, Low priority uses are high intensity recreation, and and other structures used for residential, commercial, development for residential, commercial and and industrial uses as well as open space uses similar industrial purposes. to those mentioned in relation to shoreland areas. Low priority uses are those which degrade visual quality Shorelands Especially Vulnerable or result in unsafe traffic conditions. Such uses Include to Erosion of Slumping High priority uses are open space uses such as obtrusive buildings, refuse disposal areas, and other wildlife management and low priority uses are similar uses; as well as uses which result in an excessive development for residential, commercial or number of unsafe points of ingress and egress. industrial purposes. Areas With Valuable Other Ecologically Mineral Resources High priority uses in these areas are those which do Sensitive Areas Due to their veriable nature, priorities must be not interfere with the commercial extraction of the assigned to these areas on a case by case basis. mineral resources of concern. Where such resources In general, open space uses are considered to have would have to be open pit mined, these include most higher priority than development uses. residential, commercial, and industrial uses which involve structural development; thus, for these areas, Significant Beaches High priority uses are low and high intensity outdoor open space uses such as agriculture, forestry, wildlife recreation. Low priority uses are development for production, and outdoor recreation have the highest commercial, industrial, or residential purposes. priority. Low priority uses for these areas are those which involve construction of buildings or other Heavily Used Footpaths High priority uses are open space uses such as forestry, structures. Areas for which the method of mineral agriculture, wildlife management, and outdoor extraction either is not known or is other than open recreation. Low priority uses are those which would pit are not subject to these priorities. block footpaths. Such uses include development for commercial, residential, and industrial purposes. Aquaculture Sites High priority uses are those which would not preclude use of these areas for aquaculture. Such uses include Other Areas Which use of surface water areas for recreation or commercial Offer Significant Recreational fishing and adjacent land areas for open space uses Opportunities Due to their variable nature, use priorities must be such as agriculture, forestry, wildlife management, or assigned to these areas ona case by case basis. In low intensity recreation; as well as non-polluting general, open space uses have higher priority than residential, commercial, and industrial uses not development activities. precluding access to the aquaculture site. Low priority uses are those which would make the site unfit for 23 Uses of Regional Benefit Uses of regional impact are controlled under the Site Location of Development Act which requires a state permit for developments above a specific size (highways are excluded). Because the consent of local municipalities is not required for state approval or rejection of a development application local governments cannot unreasonably or capriciously restrict or exclude uses of regional benefit. In practice, however, no developments have as yet been permitted without approval of municipal legislative bodies. Organization As was shown earlier, Maine's management system is based on a shared inter- governmental structure tied together by law, executive orders, coordinating committees, and ri@gional planning commissions. Although the system is complex, the basic "glue" is provided by the state in the following manner. The State Planning office, created in 1968, is directly responsible to the Governor. Its statutory responsibilities include giving planning advice and assistance to the Governor, Legislature, state agencies, and local and regional planning bodies; participating in interstate planning efforts (New England Regional Council, River Basins Commission); acting as state agent for Federal planning funds and the A-95 notification and review program; and coordinating state policies and a comprehensive state plan. The SPO will retain budgctary control over the participants in the implementation of the CZM program and will provide staff services to the Cabinet Committee and the Commission on Maine's Future. In particular, the Office maintains overall policy guidance and budgetary authority over the regional planning commissions, which will provide technical and legal assistance to local governments and citizens during implementation of the program. The SPO is responsible for keeping the State Register of Critical Areas (sites of "unusual natural, scenic, scientific or historical significance" and of "overriding state interest.") The second major state agency concerned with CZM is the Department of Environmental Protection, which has developed close formal and informal ties with the SPO. It is the key state agency for environmental regulations involving comprehensive programs for air, water, and land quality control. The third major state agency is the Department of Conservation, whose mission is "to preserve, protect, and enhance the land resources of the state . . . and to insure that coordinated planning for the future allo- cation of lands for recreational, forest production, mining, and other public and private uses is effectively accomplished; and to provide for the ef- fective management of public lands in the state. . ." 24 Coordination Coordination at the state level is to be effected through the Governor's Committee on Land Use, supported by the SPO. The SPO will provide overall guidance to regional planning commissions which in turn will provide services to local governments to assist them in meeting their responsi- bilities under state law and to enhance their ability to meet local needs. Local governments, in turn are represented on the RPC's governing boards, and hence will determine priorities for RPC assistance. Each RPC also has a citizen's advisory group which will work to develop regional goals and objectives and a regional land use plan. Implementation of the program will decentralize, to the regional level, PEP regulatory staff to improve the delivery of CZM activities. Coordination with other New England states and with Federal agencies will be primarily through the New England River Basins Commission. Strengths and Limitations of Maine's CZM Prograir. The strengths of Maine's CZM program involve four distinct, but closely re- lated, components. First, the body of state planning and environmental laws applicable to the coastal zone is among the most comprehensive in the country (see Appendix 3 ). Second, the program provides a firm basis in policy, coordinative arrangements and administrative procedures to fully apply its environmental laws and managerial capabilities. Third, with the development and adoption of detailed resource synthesis maps for the mid- coast segment. Maine has an objectiveand technically sound framework within whicn the management system can operate. Finally, the CZM program in Maine has been developed.from the outset with extensive involvement by those who will be affected by the program. The program thus reflects a significant degree of consensus and managerial participation. Public and agency involvement in developing CZM management processes insures that regional refinements and local diversity will be carried out within a statewide management framework. The program's weaknesses are common problems found in states that have adopted a host of environmental laws during the past few years. Centralization of new authorities in state government has not been accompanied with sufficient re- sources to implement them. New authorities at the state level have also been misunderstood by the public and perceived as "distant" and unresponsive to the affected locality. Also, regulatory controls have preceded the develop- ment of a planning process within which regulations are applied. Controls often have been administered in a fragmented manner. All of these factors have been recognized in the Maine program. In fact, approval of the Maine coastal zone management program will result in providing resources (staff and money) to implement state regulatory authorities, and in strengthening the regional planning commissions, thus closing the gap between state and local governments. Approval will also provide a planning process, based on objective data, to help in assessing planning alternatives and making regulatory decisions in a broader than case-by-case framework. 25 DESCRIPTION OF THE ENVIRONMENT AFFECTED Maine is located at the northeast end of the North Atlantic megalopolis, with over 45 million people, and southeast of the Saint Lawrence urban region, with over 6 million people. The largest New England state, the 3,478 mile Maine coastline is longer than that of all other New England states combined. The Maine coast is also the most rugged and richest in physical and natural re- sources. Yet while blessed withvaluable resources and environmental assets, the Maine coast is also disadvantaged economically. A. Physical/Natural Characteristics Physiographic Characteristics Maine has a rugged and irregular coastline, roughly 3,500 miles in length. The shoreline of the Maine coast is of recent submergence characterized by a general lack of wave-cut cliffs and sand beaches which typify more mature shorelines. A lowland borders the coastline, varying from 20 miles wide along the southwestern end to 70 miles along the northeastern section. This heavily indented lowland contains numerous bays and inlets. Offshore are scattered more than 3,000 coastal islands with an aggregate acreage of more than 225,000 acres. Six major rivers - the Piscataquis, Saco, Androscoggin, Kennebec, Penobscot, Machias, and the St'' Croix -- and many lakes and streams drain into the coastal zone, providing an abundance of fresh water of varying quality. Physiographically the coastal zone can best be described by dividing it into three major segments -- the southwestern segment which extends from the New Hampshire border to Casco Bay, the mid-coast segment extending from Casco Bay to Frenchman's Bay, and the northeastern segment ("Downeast") extending from Frenchman's Bay to the New Brunswick border. The southwestern coast is characterized by a somewhat mature, uncomplicated shoreline with few inlets and bays. The bedrock geology is one of very old (Paleozoic) altered volcanic and sedimentary rock belts paralleling the shore. The surficial overburden is one of glacial sands and marine clays with out- wash deposits in the upper valleys. The topography of this segment is one of undulating hills with an average elevation of 100 feet above sea level. Mount Agamenticus (692 feet) is the highest elevation. The Piscataquis and Saco are the major rivers draining into this segment of coastline. The mid-coast segment is characterized by a dissected shoreline with long nar- row bays, rocky shores, and numerous off-shore islands. The bedrock geology consists of altered sedimentary and metamorphic compositions of alternating weak and resistent*structuresin folded belts which intersect the coast at an angle. The surficial geology in this segment consists of glacial tills predominantly, with outwash gravel deposits, kame terraces and eskers inland. The topography is the most varied of the entire coast, with several mountains of more than 1,000 feet elevation rising dramatically as monadnocks above the gentler coastal lowlands. The principal higher ele-7ations include the Camden Hills, the Blue Hills, and Cadillac Mountain (1,530 feet) on Mt. Desert Island, 26 which is the highest point on the Atlantic Coast north of Brazil. The major river basins which drain into the mid-coast include the Androscoggin, Kennebec and Penobscot Rivers. The major bays occurring in this section are Casco Bay, Merrymeeting Bay, Sheepscot Bay, Booth Bay, Muscongus Bay, Pencbscot Bay (the largest single embayment on the Maine coast), Isle Au Haut Bay, Jericho Bay, Blue Hill Bay, and Frenchman's Bay. Somes Sound on Mt. Desert Island is noteworthy as the only true fjord on the Atlantic Coast. The largest offshore islands also occur in this region, including Islesboro, North Haven, Isle Au Haut, Deer Isle, Swans Island, and Mt. Desert Island (the largest island on the coast and location of Acadia National Park). The northeastern segment is characterized by an extremely irregular complex of bays and islands with high coastal bluffs and headlands. The bedrock geology consists of associations of igneous rocks, which have been deeply eroded by streams and glacial ice, and associations of less altered and less tightly folded sedimentary and volcanic rocks. The surficial geology consists of glacial till, outwash and marine sediments with large deltas and outwash plains occurring inland. The topography is that of a gentler undulating coastal plain with an average elevation of 100 feet above sea level, similar to the southwestern coastal segment. The Machias and St. Croix basins drain into this segment of the coast. The principal bays include Gouldsboro Bay, Dyer Bay, Narraguagus Bay, Pleasant Bay, Chandler Bay, Machias Bay, Cobscook Bay, and Passamaquoddy Bay. West Quoddy Head at the entrance to Passamaquoddy Bay is noteworthy as the eastern-most point in the United States. Climate In general terms,Maine's coastal climate is characterized by fog, land, and sea breezes, and temperatures less extreme than inland temperatures. Temperatures along the coast are quite moderate with mean temperatures ranging from 600 to 680 in July, and from 220 to 200 in January. The average frost-free season lasts from the end of April until October, and the growing season in the coastal region is generally 140 to 160 days, as opposed to 120 to 140 days inland. Precipitation is distributed fairly evenly throughout the year, with a slight excess in winter due to winter storms (northeasters). Total yearly precipi- tation averages 46" in the coastal region, as opposed to 40" inland. Snow is less abundant on the coast than it is inland. Annual snowfall averages 50" to 70" in the coastal region, as opposed to 90" to 100" inland. Extended periods of dry weather and droughts are uncommon in the coastal zone. Fog is common in the summer -- one day out of six -- because of the pre- vailing warm southern air passing over the colder surface water of the Gulf of Maine. Due to both cloudiness and fog, sunshine on the coast varies between 50% and 60% of total possible sunshine during the day. Occasionally there are severe storms (hurricanes and northeasters) which cause considerable damage to fishing gear and shorefront property. The mean annual ocean water temperature has been 480F for the past two years, and is expected to decrease over the next decade. 27 Flora and Fauna Maine's forests have been classified as part of the White Pine - Hemlock - Northern Hardwood forest. However, there is considerable variation in actual species composition throughout the coastal region. In the southwestern segment, the favorable, well-drained sites are characterized by extensive stands of mixed northern hardwoods (Birch, Beech, Oak, Maple, Ash, Aspen) and conferous species (Spruce, Hemlock, Pine, Fir, Cedar). In the mid-coast segment an increase in the occurrence of boreal species is noticeable, especially where there is a strong maritime influence. Well- drained upland sites continue to support the Pine - Hemlock - hardwood association, but along the immediate coast, dense Spruce - Fir stands pre- dominate. In the northeastern segment, the coastal Spruce - Fir association is predominant inland as well as along the coast, although typical hardwood species are abundantly interspersed in some areas. The significant commercial shellfish found along the coast of Maine include lobsters, shrimp, hard- and soft-shell clams, and scallops. Commercial fin fishes include herring, ocean perch, cusk, cod, haddock, hake, pollock, mackerel, halibut, whiting, and flounder. The sport fishery consists mostly of tuna, mackerel, flounder, several deep-sea species including sharks, and the anadromous fish in estuaries. The anadromous fishery, important during spawning runs, includes alewives, shad and smelts. Two rare anadromous species found along the Maine coast are the Atlantic salmon and sturgeon. Both species were previously far . more abundant, and have been seriously affected by man's activities. They are increasing again as water quality is restored and river dams are removed. Cold water fish found in the deeper fresh water lakes throughout the coastal zone include several species of trout and the land-locked salmon. Warm water species such as the large and small-mouthed bass, perch and chain pickerel are found in most lakes and ponds. The animals of the coastal zone are typical of the eastern forests. White tail deer are the most important mammal in terms of human utilization. However, raccoons, squirrels, red foxes, porcupines, woodchucks, weasels, minks, and snowshoe hares inhabit forested and partially forested areas which are not heavily developed. Beaver and muskrats are found in the upper estuaries, swamps and marshes in the coastal zone and are trapped commercially by many coastal residents. Large carnivores such as bobcats and bears and boreal species such as moose, Canada lynx and marten were common in the past, but are now rarely seen in the coastal zone because of alteration of habitat and predation by man. 28 Whales, porpoises, dolphins and seals frequent the coastal waters. Occasionally the gray seal, as well as the more common harbor seal, are seen on the smaller coastal islands and in adjacent waters. Birds in the coastal zone forests are mostly passerines, or perching birds. Although most species are typical of the eastern forests, many boreal species can inhabit Spruce - Fir areas. The coastal islands and peninsulas are also important stopping places for migrating passerines. Lowland areas, marshes and swamps provide important habitat for resident waterfowl and birds. Herons and bitterns are found regularly in wet situations but breed only in a few isolated colonies. Black ducks and wood ducks breed in many swamps and small marshes in the coastal zone. Gulls and terns are the most conspicuous birds along the coast where they nest in colonies on the numerous barren islands. Guillemots are found in significant numbers and breed in Maine. Eider ducks are the only sea ducks which breed along the Maine coast, although several species of sea ducks can be found in the winter. Small colonies of oceanic birds are located on several offshore islands. These include the Atlantic puffin (on Machias Seal Island and Matinicus Rock), razorbills and petrels. Each year thousands of shore birds and water fowl migrate through Maine, stopping to feed and rest on the beaches, mudflats, lakes and river shores. American Bald Eagles and ospreys are found.along the coast and their nests can be observed on the high ground along the more underdeveloped areas of the major estuaries. B. Social/Economic Characteristics Population and housing In 1970, approximately 47/,.' (464,883 persons) of Maine's permanent population of 993,663 resided in coastal counties, on slightly more than 21% of Maine's total area. Although comparatively low nationally, the population density of 149 persons per square mile in the Maine coastal zone is about four times higher than the statewide average. About 53% of this coastal population lives in rural communities of less than 2,500 inhabitants. The coaEtal zone contains 32% of the incorporated towns in the state. Recent census estimates show that the population in coastal counties increased by 4.7% during the years 1960 - 1970 and a surprising 5.5% in the years 1970 - 1973. This new growth in part represents a major change in coastal migration patterns which showed only a small in-migration during the 1940's, a strong out-migration during the 1950's and 1960's, but a 4.3% increase during the years 1970 - 1973. 29 Coastal population and population growth is very unevenly distributed. Two-thirds of the present coastal population is concentrated in towns in the two southwestern counties. While the average coastal population increase was only 4.7% in the last decade, 15 coastal towns gained more than 25%, and 45 (including most of the large industrial cities) lost population. Coastal counties receiving the most new inhabitants were Waldo, Knox, in the mid-coast region, and Washington county in the north. There are approximately 238,000 housing units in Maine's coastal counties. Over 15% of these units are seasonal homes. The total number of coastal housing units represents slightly over 50% of the state's total year-round units and more than 60% of the state's total seasonal homes. Land Ownership It is estimated that 60% of the coastal zone is in private-Maine resident ownership, 5% is in public ownership, and 35% is owned by non-residents. The greatest non-resident ownership occurs in the mid-coast region with the greatest resident ownership occurring in the southwestern segment. Presently the combined Federal, state and municipal holdings encompass approximately 122 miles of coastal shorefront. Private conservation groups hold an additional 40 miles. A total of 162 miles of coastal shoreline are thus in public control. These shoreline holdings represent 157 square miles of publicly-owned land, or approximately 5% of the coastal zone's (as distinct from the coastal county's) 3,451 square mile area. The significant Federal holdings in Maine's coastal zone include Acadia National Park (33,136 acres), Moosehorn Wildlife Refuge (22,660 acres), and the Rachel Carson Wildlife Refuge (1,300 acres). Maine's State Comprehensive Outdoor Recreation Plan estimates that 3 times the existing public lands now available in Maine will be needed to satisfy recreational demand by 1990. Property Valuation and Assessment Real property in the coastal zone sbowed an estimated 63% increase from 1960 to 1970, slightly more than the statewide increase of 48% for the same period. Local property assessments increased 116%, both statewide and in coastal towns during the decade 1960 to 1970. The 1970 local property assessment in the coastal zone equalled about $89 million, or 41% of the state-total of $180 million. The 1970 median market value of year-round homes in the coastal zone was an estimated $15,000, or slightly higher than the statewide value of $13,000. The value of seasonal homes is estimated to be 6 times the value of year- round homes in the coastal zone. 30 Wages, Income and Employment In 1973, the average gross wage in coastal counties was $6,897 as compared to a state average of $7,050. The value of product was $1,398 million or 44% of the state product. The 1970 income distribution of families and unrelated individuals in the coastal zone was: $0 - $5,000, 36%, $5,000 - $10,000, 35%; and $10,000 plus, 29%. The state breakdown was as follows: $0 - $5,000, 27%; $5,000 - $10,000, 42%; and $10,000 plus, 31%. The coastal zone has a work force in excess of 213,230 persons or 48.3% of the state's total. Labor figures for 1973 show that the coastal un- employment (6.3%) ran slightly higher than the state average (5.9%) and 31% higher than the national average (4.8%). Industry In Maine, the use of electricity has risen 6.6% annually and its use is projected to increase 3 1/2 times during the next 20 years. At present in the state, there are numerous small, low-output hydroelectric plants, one fossil-fuel plant on Casco Bay, and one nuclear-power facility at Wiscasset. An additional nuclear-power plant is proposed on Penobscot Bay and the feasibility of a tidal-power facility in Passamaquoddy Bay is again being strongly considered. It has been estimated that 70% of New England's electrical power will be produced by nuclear-power plants by 1990. The Maine coast is particularly desirable to the atomic power industry because of its abundant undeveloped land and its virtually unlimited supplies of cold water for cooling. In view of these factors and the rapidly increasing demands for energy in New England, it is likely that the demand for additional large scale nuclear- power generating plants will increase along the Maine coast. Maine will also probably play a central role in petroleum resources in New England. Oil is the major source of energy in New England and the eastern United States. Oil importation already exists on the Maine coast at Portland (the second largest oil port on the East coast), with its pipeline to Montreal, Canada, and at Searsport with its pipeline to Bangor and on to Presque Isle. Extensive geophysical exploration for petroleum resources in the waters of the Gulf of Maine indicates the likelihood of substantial offshore oil and gas. If large amounts of oil and gas were found off the Maine coast, heavy demands could be placed on the coastal zone for lands for storage tanks, loading facilities, supplies and material, and for refining operations and associated petro-chemical industries. 31 Because Maine offers the deepest, the best and the most (13 out of 23) deep- water harbors on the East Coast, there has been significant out of state interest during the past five years in developing deepwater oil ports at Machiasport, Sears Island in Penobscot Bay, Long Island in Casco Bay, and at Eastport in Passamaquoddy Bay. For these reasons, oil importation and refining will exart S4gnificaut pressure in the future on Maine's coast. The tourist and recreation related industries play an increasing role in the statets economy. Twenty-five years of post-war prosperity have initiated a quantum leap in recreation demand upon the coastal resources. The primary factors contributing to this rapid surge in demand are: increased population, a greater affluence, increased leisure time and a greater mobility. In spite of the current economic situation, which may slow down the rate of increase, recreation demands are expected to continue to increase. Seventy million people live within a dayts driving time of Maine. Vacationers at the rate of 5.5 million persons per year come to the State of Maine. Projections indicate that these numbers are increasing at a rate of 8 - 10% per year. Of these numbers, it is estimated that 2/3 are entering Maine bound for the south- western and mid-coast segments of the coastal zone. The 5.5 million tourists who visit Maine spend about 10.8 million visitor-days annually along Maines' coast. About 6 million visitor-days are as seasonal (summer) residents; 2.4 million are in Maines' hotels and motels; .3 million are campers in public camping facilities, and 2.1 million are campers in private facilities. An additional 1.5 persons come to Maine as day visitors. Popular summering places and tourist meccas include Bar Harbor, (Acadia National Park), Penobscot Bay area, Boothbay Harbor, and Old Orchard Beach. About 77% of the states recreation generated employment occurs . in the coastal zone. The greatest economic impact is generated by the 6 million visitor-days spent as seasonal residents. The annual expenditure per seasonal household is estimated at $1,873 per year, or $44 million annually statewide. Fishing is Maine's oldest and most traditional industry and is so interwoven with the character of the coast as to be inseparable from it. The fishing industry employs 14 - 15,000 people as licensed fisherman, dealers and buyers and an additional 2 - 3,000 persons in processing plants for a total of 16 - 18,000 employed. The total indirect impact contributed by the fishing industry to the state's economy is $173 million annually. The six species of highest value per pound are: sea scallops, oysters, lobsters, clams, quahogs (hard clams), and shrimp. Maine's coastal waters yield 20 - 30% of the world and 80 - 90% of the national catch'of true lobsters, which is by far the most valuable state fisheries product. The value of shrimp and worms has also grown substantially over the past decade. 32 Overall, the landed value of Maine fish has increased steadily (+58%) since 1950 while the namber of pounds landed has decreased (-58%) substantially. Maine's fisheries are threatened from many quarters including rising land values, rising cost of living, the overfishing of certain species, estuarine pollution, and the fluctuation of ocean temperatures, as well as the heavily subsidized foreign fishing fleets. There has been a great deal of discussion concerning the potential significance of aquaculture as it relates to Maine's coastal zone. This interest has been generated partially as a result of successful projects elsewhere in this country and other parts of the world and partially as a result of a need for viable new industry for Maine. Maine aquaculture is still very much in its infancy. Considerable research and development has been initiated with every indication pointing toward an increased role in the future development of Maine's coastal resources. Aquaculture activities currently underway on the Maine coast include: raft culture of oysters and blue mussels, lobster and trout culture, and several aquaculture-related environmental, biological and marketing studies. Farmland occupies a considerable amount of the remaining open space in Maine's coastal zone. Like fishing, it is one of the traditional occupations which has aesthetic value and appeal to urban visitors. Farming has suffered, as it has nationally, a severe decline during the past 20 years. Tax pressures, rising land values and the "revolution of rising expectations" have contributed substantially to the decline in the number of farmers. As the total number of farms has declined, the average size of each farm has increased. The total amount of farmland has also decreased substantially (-9%) during the last 30 years. There is raore land in cultivation in the central and southern sections of the coast while individual farms in the eastern section are larger with less total land being cultivated. Total farm cash income statewide is estimated at slightly more than $200 million. The principal sources of this income in the coastal zone are poultry products, dairy products and blue-berries. Total farm employment statewide is estimated at approximately 15,000 persons. Rising property values and taxes (up 9% in the last decade) have been forcing much of Maine's farmland into subdivision, but this situation is being alleviated by a "farm and open space" tax program, adopted in 1972, which assesses farmland at its current use value rather than at its potential use value. During the first year of operation, this program reassessed over 10,000 acres of farmland. Traditionally, Maine's coastal mineral development has consisted of quarrying for building rock for export out of state, limestone for transformation into cement and fertilizer, and sand and gravel. Copper, lead, zinc, gold, silver, molybdenite, mica, serpentine and grinding pebbles have also been produced in the past in the Maine coastal zone. Although the Maine coastal area has led the other regions of Maine in value and tonnage of current mineral output in the past, output of many commodities has declined. 33 There are currently active large open-pit mines for blue rock in Portland, for limestone in Thomaston, active ore extraction for copper and zinc in Blue Hill, and silver at Camp Rosier on Penobscot Bay. Quarrying, which was particularly active on coastal islands, is now fairly dormant. Sand and gravel account for $6 million of the $17 million mineral industry. Although there exists the possibility of further mineral finds in the belt of volcano rock which extends north from Penobscot Bay to Eastport and in the base metal sulfide deposits along the coast from Penobscot Bay south to the New Hampshire border, as the result of current geological investigations extensive mining does not seem probable in the near future. National and regional demands upon Maine for manufacturing and conversion of her resources are low. Pulp and paper production is by far the most valuable industry followed by food, leather and textiles. Manufacturing plants in Maine are typically small and labor intensive with much of their capital equipment obsolete. Manufacturing is largely concen- -trated in the five-county area of York, Cumberland, Androscoggin, Sagadahoc and Kennebec counties. Four of these counties are largely in the coastal zone. Statewide, manufacturing employment comprises 32% of the total employment. The value of Maine's manufactured product rose steadily during the decade 1961- .1971 from $1,491.7 million in 1961 to $2,432.4 million in 1971. Summary The Maine coast lies on the fringe of the northeastern megalopolis which includes over 45 million people (one fifth of the nation's population). It is an area of high environmental values but is disadvantaged economically. Regional and national demands on the Maine coastal zone are increasing and will continue to intensify, placing severe pressures on the unique natural systems and values of the coast. Specific major conflicts which are emerging and are forecast to increase include environmental quality, recreation, tourism, second home development, nuclear power plant siting, deep water port development, refinery sitings offshore oil production, commercial fishing and fish processing, and mineral extraction. The pivotal issue which must be resolved is the determination of appropriate economic development which can be accommodated in the coastal zone and still maintain the viability and value of the natural systems of the area. As these pressures mount, conflicts will occur over the uses of the coastal zone. A key question which confronts all levels of government and private industry is "What are the appropriate uses of the Maine coastal zone which serve the public interest, whether that be local, regional, or national?" 34 A sound decision-making process must evolve in order to assure appropriate uses of the coastal zone. This decision-making process must provide for recognition of the unique natural value and benefits of the coast while simultaneously considering the economic development requirements of an increasingly affluent Maine or New England population. A viable legal and institutional framework is an essential component of a coastal zone management system. The coastal zone planning effort currently ongoing under the leadership of the State of Maine is a firm foundation for the development of a solid coastal zone management system which is responsive to both environ- mental and economic needs of the society and which provides a basis for a responsible legal and institutional framework. 35 IV. RELATIONSHIP OF THE PROPOSED ACTION TO LAND USE PLANS, POLICIES AND CONTROLS FOR THE AREA In the introduction to the Coastal Zone Management Act, the Congress found that "present state and local institutional arrangements for planning and regulating land and water uses . . . are inadequate," and that "the key to more effective protection and use of the land and water resources of the coastal zone is for the states to . . . develop land and water use programs for the coastal zone, including unified policies, criteria, standards, methods and processes for dealing with land and water use decisions of more than local significance." (Section 302(g) and (h). The Maine coastal zone manage- ment program substantially recognizes these objectives, and is designed to provide a more unified approach toward managing the coastal resources by coordinating intergovernmental agency actions into a comprehensive program to achieve common, explicit objectives. Since the Maine CZM program will inter- act with existing land-use plans, policies and controls, the SPO has maintained close contact with affected Federal and state agencies and local governments throughout the development of the state guidelines, procedures and programs. Until recently most of Maine's coastline had never been zoned. In 1971 Maine passed the Mandatory Shoreland Zoning Act, requiring that municipalities establish zoning and subdivision controls within 250 feet along all navigable lakes, rivers, streams and ocean frontage by July 1, 1973. The Act stipulated that if municipalities did not zone their own shorelands, the state would do it for them. Due to overwhelming non-compliance by municipalities the dead- line for enacting local zoning ordinances was extended. With technical assistance and guidelines from the State Planning Office, more local plans have been completed. The state is preparing ordinances for those communities which have not yet enacted ordinances and reviewing existing ordinances to determine their consistency with state guidelines. In addition the resource information collected by the coastal zone management vrogram will be used as a guide in developing, reviewing and refining local shoreland zoning ordinances. Under the Site Location of Development Act, the Board of Environmental Protection has permit authority to control the location of developments substantially affecting local environment. The coastal zone management program's resource inventory will be used by the Board and DEP as a guide, and for assistance in reviewing permit applications in the coastal area. The coastal zone inventory will be critical to the operation of other environ- mental legislation as well.' Provisions of the Wetlands Protection Act will be utilized to protect critical areas of state importance in the intertidal zone. The State Register of Critical Areas Act will be utilized to propose areas for protection through the Wetlands Control Act. Approval of the state coastal zone management program by the Secretary of Commerce will have implications on other Federal agency policies and controls. Section 307(c) of the Act provides that: (1) Federal agencies conducting or supporting activities or undertaking development in the coastal zone of 36 a state shall insure that the activities or projects are to the maximum extent consistent with the approved state management program, and (2) except in the interest of national security, Federal agencies shall not issue licenses or permits for any activity affecting land or water uses in the coastal zone unless the state issues a certification that the activity complies with the approved program. 37 V. PROBABLE IMPACT OF THE PROPOSED ACTION ON THE ENVIRONMENT As indicated in the description of the Federal coastal zone management program (Section II), it is clearly the intention of the CZM Act to produce a net environmental gain or benefit in the Nation's coasts. The Act encourages states to achieve this goal through better coordination, explicit recognition of long-term objectives and the development of a more rational decision-making process in context with the overall policy guidance. It might be expected that this process, which could affect much of the activity along the coasts, would have a substantial environmental impact. However, as there has been no previous experience with such management programs, their impact is difficult to assess. Unlike a specific project or activity, there is no real experience upon which an analysis of the environmental impact can be assessed. Undoubtedly both beneficial and adverse environmental and socio-economic -effects will derive from Federal approval and state implementation Lf the Maine coastal zone management program. The following appear most significant. A. Impacts directly resulting from Federal approval Impacts associated with the Federal approval of the Maine coastal zone management program fall into two categories: (1) impacts due to a direct transfer of funds to the state and local governments, and (2) impacts from the implementation of the Coastal Zone Management Act. Federal approval will permit the Office of Coastal Zone Management to award program administrative grants (Section 306) to Maine. This will increase the level of employment of planning, technical and legal specialists and enforcement officials at the state, regional, and local government levels. In some cases it will provide a professional basis for resource management which has not previously existed. As pointed out earlier, one of the weaknesses of the Maine program to date has been a lack of funding and inadequate staffing to administer and enforce the various program requirements. Federal 306 grants will be used to coordinate, administer, and enforce existing state authorities. Additionally, the bulk of funding will be passed through to regional planning commissions to strengthen their planning and review capabilities. Staff persons will be employed at the regional level to offer technical and legal assistance. Increased funding should speed up the development of the regional plans and provide the resources for continual improvement of those programs. Funds will be used to conduct further research and other studies related to the human and natural environments which will increase the quality of the base from which coastal zone management decisions will be made. Federal approval and state implementation of the state's coastal zone management program will also have implications for Federal agency actions and on the national interest in the siting of facilities of more than local concern. As explained earlier, the Federal consistency requirements of the Act (Section 307(c) and (d) require that direct Federal activities or development projects must be consistent to the maximum extent practicable with approved state programs. Federal agencies issuing licenses or permits for any activity affecting the coastal zone are generally constrained from doing so until the state certifies that the proposed activity is in fact consistent with its management program. In addition, Federal agencies are in most cases restricted from approving proposed projects affecting the coastal zone which recuire Federal assistance unless thev are consistent with the coastal management program. Under this program approval Federal consistency requirements will apply only to the mid-coast segment of Maine. Although states have previously had the opportunity to comment upon Federal actions, licenses or permits, in the past this comment has not generally been required or mandatory. This new responsibility will provide for more coordinated and comprehensive management of coastal resources and uses, and has the potentia!, -for reducing the fragmented, single-purpose and frequently conflicting nature of activities affecting the coastn-'. zore. The Federal Coastal Zone Management Act does require that state governments issue or deny a certification of consistency within six months from the time of application, or consistency will be presumed. The state of Maine has set up a Federal-State Coordinator's Office in the Executive Office to determine consistency. In addition it has formed a committee within the New England River Basin Commission to look at consistency issues on a continuing basis. In cases where projects are judged inconsistent with the management program and the state has objected or denied certification, Federal agencies will have to deny permit applications unless the appeal procedures established by the OCZM determine otherwise. The impacts associated with a Secretarial override, should it be exercised, could be significant, but would depend on an evaluation of each specific case and are not likely to be involved unless.extraordinary conditions, such as national security, are involved. The overall thrust of Federal consistency will be to provide closer cooperation and coordination between Federal, state and local government agencies involved in coastal zone related activities and management. This is considered to be a desirable impact and indeed, is one of the objectives of the Act as discussed earlier. Federal approval of a state's program would also signify that the state has an acceptable procedure and administrative mechanism to insure the adequate consideration of the national interest involved in the siting of facilities necessary to meet requirements which are other than local in nature. Such facilities might include energy production and transmission; recreation; inter- state transportation; production of food and fiber; preservation of life and property; national defense and aerospace; historic, cultural, esthetic and conservation values; and mineral resources, to the extent they are dependent on or relate to the coastal zone. The state has indicated that energy related questions will assume the lion's share of Federal interest and National concern in Maine. The State Site Location of Development Act and the procedures Maine has developed for inventorying coastal resources and identifying their existing or potential utilization will be helpful in the evaluation of sites for facilities which are in the national interest. 39 This policy requirement is intended to assure that national concerns over facility siting are considered and dealt with in the development and implemen- tation of state coastal zone management programs. The requirement should not be construed as compelling the states to propose a program which accommodates certain types of facilities, but to assure that such national concerns are in- cluded at an early stage in the state's planning activities and that such facilities not be arbitrarily excluded or unreasonably restricted in the management program without good and sufficient reason. This provision might have two impacts. First, it will prohibit a state from arbitrarily or categorically prohibiting or excluding any use or activity dependent on the coastal zone. Whereas in the lack of a comprehensive planning program such consideration might simply be ignored by oversight or default, this requirement will 'unsure they are specifically included. On the other hand, the existence and approval of an explicit procedure will protect the state from the capricious imposition of actions or projects by Federal agencies in the name of the national interest. In either event, the procedure should lead to the more deliberate and thoughtful,and less fragmented and wasteful, siting of such facilities in Maine and ultimately the Nation as a whole - B. :mpacts Resulting from the State and Regional Government Actions Although the Maine Coastal Zone Management program was begun prior to the passage of the Federal CZM Act, and would continue, at least in part, even if Federal funds or approval were withheld, approval by the Secretary will solidify the existing State effort to improve Maine's land and water use planning and management capability, making it more complete, timely and effective. Again, since the proposed action does not designate actual physical development or specific activity in the coastal zone, an assessment of specific impacts is difficult. The Yaine Coastal Zone program provides the necessary first step toward achievine an interrelated set of land and water use policies, regulations and ordinances aimed to plan for and control future growth and development. It will complement Maine's environmental legislation by performing the neces- sary planning and coordinating functions which the regulatory legislation is not designed to handle. It will instill a planning and policy development effort into what is now primarily a case-by-case review of individual projects. Thus it will strengthen planning as an active tool in making land use decisions. In general the effects of the State's coastal zone management program can be summarized as follows: (1) the recognition and protection of the coastal zone and its esthetic, cultural, biological and natural components, as a fragile, limited, and valuable resource; (2) the protection of public rights, such as public health and safety; public access and navigation; recreation; and public property, dependent on or relate@' to tfi:L@ coastal zone; 40 (3) the promotion of appropriate quality development in suitable locations, and the restriction, reduction or prohibition of incompatible, undesirable, or unnecessary coastal uses and ac- tivities; (4) the promotion and enhancement of long-range public benefits, especially from renewable resources, rather than short term benefits; and (5) the promotion of a regional approach to coastal land and water use planning and an increase in coordination and cooperation in planning and management efforts among state, regional and local governments. Maine's program uses several mechanisms which, working together, will form a land use guidance system. These key elements of Maine's approach include:(l) development of a standardized data base for decision- making,(2) development of a resource classification system for guiding land use decisions,(3) development of regional land use plans and '.4) development of an intra and intergovernmental coordination process. Wise land use management depends on the availability and analysis of detailed current information about the resources and socio-economic conditions of an area. The Maine inventory and analysis of natural resources, cultural and socio-economic information for the coastal zone present much information which has never been gathered for the Maine coast. The synthesis and analysis of this data provides a rational framework for considering land use issues and for designing strategies to deal with these issues. Approval of the Maine CZM program will provide the mechanism for utilizing this data by providing for stronger regional planning commissions and enabling them to develop land and water use programs based on this analvsis. These reaional land and water use Droerams shoij1d Pnoll -P a more rational allocation of coastal resources, that will benefit not only the State, but the Federal government, municipalities, public interest groups and individuals as well. The designation of coastal areas as critical areas of state concern, or as suitable or unsuitable for certain types of development will have several effects. Until all resource inventories and analyses are completed, it is impossible to assess the ratio of lands in each category. SPO representatives have indicated that perhapc 70% of the coastal zone may ultimately be classified as unsuitable for large scale development, 25% as intermediate suitability, and 5% as suitable. Given the sizeable area and character of Maine's coastal zone, this tentative estimate of suitability does not appear to be unduly restrictive. Lands designated as critical areas as well as lands designated by the'state for preservation or restoration, will be provided increased long-term, if not permanent, protection. These resources, their values and benefits, will be perpetuated, which will be generally beneficial to the environment. 41 In contrast, lands designated as suitable for development may come under increasing pressure for development- this may mean the ultimate development of such areas with concomitant loss of natural resources. Population, commercial, and industrial den- sities will likely increase in such areas. However, this cannot be considered a negative or adverse environmental impact attributable to the Maine CZM program as growth and development would occur anyway. Furthermore it must be recognized that not all development or activity in the coastal zone can or should be halted. The Maine program will insure that these determinations are based on sound information and processes which reflect the value of the natural environment. Its process for determining where development should go, as well as where it should not, can be environmentally beneficial, for the designation of specific areas for development will focus and restrict such activities to carefully chosen sites. This will reduce the develop- ment pressures on environmentally sensitive or valuable areas, and will also serve to reduce urban sprawl with its variety of induced impacts. It should help reduce conflict between public and private interests by identifying planning constraints and opportunities so that developers can make their development decisions within the context of the appropriate public interest and environmental considerations. Protection of some natural areas may mean that resourepq thi-rp. Q'Irl, - t-*I-Tnl)p-r nr minerals, could not be fullv utilized of eXD10ited. The mineral reserves on the Maine coast have not been classified for preservation, but have been identified as areas of State concern. State permits would be required before any mining could be done. The impact of prohibiting timber harvest in the coastal zone would be insignificant in view of the overall state timber'resources. Tn Maine, coastal timber-cutting is already restricted to some extent. Because the designation of coastal lands as suitable or unsuitable for development will restrict or reduce the development potential of some properties and enhance the same potential in others, property values and ultimately property tax revenues may be affected. Problensof equity will always be an issue in any attempt to control or change land uses. The CZM program is a strong impetus to the development of effective strategies to deal with the legal and financial problems associated with land use control. Without a great deal of experience it is difficult to assess the magnitude of such an impact. Potentially the result might be a displacement of property values (losses in some areas and gairs in others) more than a net loss or gain. The most adversely affected sector will be the land speculators. It is also probable that such changes will be short-term only, and that with insured protection of use and enhanced protection of the coastal amenities the long-term property values in the coast will increase. Any decrease in property values will decrease the amount of property tax generated revenues received by local governments. This could result in: (1) a decrease in public service to the community, especially in areas lacking some urban environments in which the increase in property value would perhaps affect the tax loss, and (2) increased taxes in some areas. As indicated earlier, however, because the supply of developable lands would be reduced, their value and taxes would increase. Further, as the coastal aesthetic and resource amenities are protected and preserved adjacent properties will become more desirable for residential and recreational uses. The higher value of these lands would result in a positive effect on the tax base, which may fully compensate for anticipated tax losses. A potential negative impact from increased property values and taxes will occur to the extent that it changes patterT.-is of land owner- ship by pricing the local population out of the land market. 42 Rising land prices associated with Maine's tourist and second home recreation boom have made it increasingly difficult for the local population to retain its position in the land market, resulting in increased holdings by out of state interests. The restriction on land use imposed by classification, and the requirements to reduce negative visual and environmental impacts of development and coastal activities, may increase operating or capital costs for some operations. These will be balanced by public gains from the continued protection or enhancement of the coastal resources. To the extent they occur such losses really reflect the external costs of such operations, which have traditionally been born by the public but which are now,by regulatory authority, being charged to the responsible party. The impact of restricted uses on the distribution of people in coastal areas may be significant. To the extent that future residential subdivisions and multi-family dwellings are prohibited from specific areas population densities may shift. There may be some impact on employment patterns due to restricticns on the location of, and conditions placed upon, large developments which are significant employers. The distribution of population would change as a result of changes in employment patterns. The program is intended to protect water dependent uses and coastal resources. This would result in the protection enhancement and long term productivity of commercial and sport fishing industries, and the continuation of other water dependent industries. The program is not intended to displace existing non-water dependent industries, but with time and the arrival of new industries, gradual shifts in industrial patterns may occur. The decentralized structure of Maine's program, which allows for regional and local diversity within a statewide management framework, will substantially strengthen the regional level of government in Maine. Regional planning commissions will be the primary recipient of coastal zone manage- ment funds at the regional-local level. Increased funding and staff will strengthen the role of the regional planning commissions. They will allow the commissions to prepare and update regional land-use plans, incorporating local goals and objectives., regional priorities and expressed state interests. The regional land use plan will serve as a management device to measure the adequacy and appropriateness of State and local regulatory authority. Regional staff technical teams will provide planning assistance to local officials and assist applicants in the preparation of development applications. The regional planning commission will review local reg- ulatory efforts for consistency with regional and State interests. While the regional planning commission has only review and advisory authorities rather than regulatorV power, its involvement in the preparation of regional land use plans and the local review process should make local planning and regulatory decisions more effective by improving the information on which they are based and broadening the perspective from which they are made. In essence it will provide a responsible link between local governments and the State. The State program will also provide for greater coordination of State, local, and Federal actions to achieve explicitly identified goals. Maine's coastal zone program will be implemented through the existing management structure of laws and institutions. The Governor's Cabinet Committee on Land Use, cooperative agreements between State regulatory agencies, regional planning commissions and technical teams, and active citizens advisory committees are all necessary links in operating an effective land and water use management system. 43 This interagency and intergovernmental coordination will help overcome the problems arising from-the traditional inability to evaluate land and water issues in a framework that transcends disciplines and institutional boundaries. It should faciliate the flow of information, reduce conflict, duplication and counter- productive activities and encourage a unification of policies and activities which work together toward wise coastal zone management. 44 VI. ALTERNATIVES TO THE PROPOSED ACTION A. Federal Alternatives to Approval of Maine CZM Program The Secretary could delay Maine CZM program approval until regional land use plans are completed and adopted. Since detailed regional land use plans have not yet been prepared by the coastal RPC's delay of CZM program approval until their completion might permit a better determination to be made of the ability of the State of Maine and its regional governments to meet the intention of the CZM Act. Performance could be more thoroughly analyzed leading to a better evaluation of how state policies and regulatory activities will be interpreted and managed at the regional and local levels. However, there is sufficient state policy and authority in place now to satisfy CZM criteria for program approval. The CZM Act and OCZM in administering the Act acknowledge that effective management of a state's coastal zone necessarily is a continuing process, only one step of which is program approval. The State of Maine's environmental legislation, together with other program elements, meets the spirit of the CZM Act. However, to date, there has been a shortage of funds and staff expertise to adequately administer the state's enforcement and regulatory activities. None of the regions are now working on comprehensive regional plans as a shortage of funds and staff have limited their effort to special purpose studies. Continued delay in the preparation of these plans could jeopardize the effective administration of Maine's environmental legis- lation. The state views the regional plan as a key element in supporting an effective state and local regulatory and enforcement network. While a 305 grant could be used to assist in developing regional plans, it could not be used to finance the technical and legal assistance needed by state and local government to adequately implement existing regulatory authority. Furthermore, if approval is not given for the Maine CZM program, then the Federal consistency section (Sec. 307) of the CZM Act cannot be applied within the segment. Specifically, this section requires that any Federal agency which conducts, supports or undertakes an activity in or affecting the coastal zone shall insure that the activity is "to the maximum extent practicable" consistent with an approved state program. The consequence of delayed approval is that inconsistent Federal actions could serve to increase pressures on this particularly sensitive section of the Maine coast. The Secretary could delay approval of Maine's mid-coast segment coastal zone management program until the other segments of the Maine coast have CZM programs ready for Federal approval. Delay in approving this segment of Maine's CZM program until the other seg- ments are completed would perhaps provide a more comprehensive basis for review and approval. This is recognized in the CZM Act, but an explicit pro- vision for geographic segmentation is made so that immediate attention may be devoted to those areas most urgently needing management programs (Sec. 306h). 45 The essential CZM program boundaries, policies, and mechanisms for imple- mentation have been established state-wide. Only the coastal atlas, which is fundamental to program implementation, remains to be completed in these areas. As discussed earlier, the inventory process above has been conducted compre- hensively on a region by region basis, rather than coastwide, factor by factor, to enable a more rapid synthesis and more immediate use. This process has now been completed for the mid-coast region of Maine. The state has a plan and timetable for completing the remaining segments of the Maine CZM program. Completion of the Washington County, Cumberland County and York County segments is scheduled for December 1975. The final two areas of the coastal zone, the Penobscot and Kennebec coastal river areas, are scheduled for completion by June 1976. In general terms, the southwestern segment of the Maine coastal zone is already significantly developed. The northeastern segment by contrast is far enough away from the larger population centers to escape immediate urbanization and development pressures. The mid-coast segment experiences more pressures, is the-most diverse environmentally and socially, and is consequently in more urgent need of effective management than the other segments of the Maine coast. Due to these factors, its size, the availability of data, and its proximity to the center of government, the state chose to begin the coastal management program in the mid-coast segment and then extend the knowledge and experience there to develop and refine a CZM pro gram for the remaining northeastern and southwestern coastal segments. Resource data for the other regions is in some cases much less developed. This has been a major factor in the delay of completion in these segments. Delaying approval for the mid-coast region while this data is collected and mapped would result in delaying implementation of the CZM program at the regional level. Because the region is based on a natural unit, and because other necessary requirements have been met, the benefits from such delay would appear slight, and more than offset by the adverse impact in delay of program imple- mentation. Although the Federal consistency provision will apply only to the mid-coast segment, the state maintains that this is the area where consistent management is the most important in the short term. In addition, segmentation provides the opportunity to test and evaluate Maine's system for reviewing and judging Federal consistency prior to its institution statewide. The Secretary could delay approval of the Maine CZM program until legislation is passed for comprehensive statewide and nationwide land use programs. Over the past several years there have been attempts both nationally and in some states to enact comprehensive land use legislation. Once such legis- lation is passed, it might be logical to merge the CZM program into the broader context of a land and water use program for each state and the nation as a whole. Delay of implementation of CZM program in Maine would allow the state to create one resource management program rather than having to go through the policy, administrative and institutional difficulties of melding the CZM program with a statewide land use program. 46 In Maine, the status of an effort to pass comprehensive state land use legis- lation is uncertain. Waiting for such legislation could waste valuable time needed to deal with coastal problems in a timely manner. Maine has passed s.trong environmental legislation to deal with the conflicts between development and conservation; the problem has been the lack of technical assistance to administer these laws properly. Delay in funding the CZM pro- gram may further jeopardize the effective administration of existing legislation which is key to the implementation of the state's coastal zone management program. Delay in CZM program approval for Maine will not terminate the coastal manage- ment program which is well underway. Rather, it would serve to delay its full implementation. Thus, lack of CZM program approval would not cause the State of Maine to await a comprehensive land use program. Only a complete reversal of state policy would do that., The Maine CZM program is, in effect, serving as a Pilot Droeram for a more comprehensive land use program in a critical environmentally valuable geographic area of the state. Much can be learned from the coastal manage- ment experience which could be applied to all the lands of the state. In the meantime, Maine's coastal resources, the most threatened and perhaps most valuable in the state, are starting to be effectively managed on a shared state-regional-local basis. Waiting for a comprehensive land use program may cause a delay sufficient to allow the loss or damage of many of these valuable resources. The Secretary could de lay CZM program approval until the Federal establishment has developed specific policies for the siting of facilities meeting require ments which are of national interest. The CZM Act requires that adequate consideration be given to the national interest in siting of certain facilities within a state's'coastal zone.' The state has considered and provides for many of these needs including defense installations, port facilities, power generating complexes and fisheries management.. Legislative authority to insure that all such facilties meet both state and national needs would be beneficial to the CZM program. However, until Federal agencies formulate long-term plans which indicate national and regional needs for such facilities within the country, decisions will be made largely on a case by case basis and thus state legislation could, at best, have a limited impact on promoting the national interest. It is expected that until such national policies are promulgated by the Federal government, the authorities the State of Maine has in the Site Location of Development Act and the CZM Act will be adequate to provide for the national interest in siting such facilities. In addition, SPO will be advised in these matters by the Federal and state coordination mechanisms established to deal with the national and state intersts in the siting of facilities. Maine considers, and OCZM concurs, that there is a need for developing an affirmative siting program for major facilities of statewide, regional and national concern. The proposed Maine program provides the initial physical, biological and cultural analysis to establish such a system even though it is not required by the current Coastal Zone Management Act. 47 B. Implementation and Control Alternatives for the State CZM Program The State could consolidate all regulatory authorities in the Department of Environmental Protection and administer CZM through DEP. The principal CZM-related permit programs are presently administered by DEP, either unilaterally or in consultation with other state agencies. DEP has indicated that it will utilize the suitability/capability maps in reaching permit decisions. Hence, it might appear efficient to have DEP administer the State's CZM program. This would house the program within a single functional agency rather than hinging implementation upon a structure which spreads responsibility both at the state level and among the state, regional and local levels. However, although the Maine system is a complex one, as presently structured it is a balanced one which involves state agencies and regional and local entities as well. The SPO, within the Executive Department, has a close relation- ship to the Governor and serves to coordinate a number of his planning and policy-making functions. In addition to administering the A-95 system, an important tool in judging Federal consistency, the SPO handles State-Federal coordination. The SPO works more closely with regional planning commissions that do other state agencies and has a direct policy and budgetary relationship with the commissions. While other agencies such as DEP have expressed interest in decentralizing their activities, lack of a strong relationship with the com- missions as well as immediate permit processing needs may reduce involvement with the RPC's. Most importantly, transfer of the 306 program to DEP would divorce it from ongoing planning and local management efforts. This would appear particularly critical in the case of a program being adopted in segments, since the program is necessarily an evolutionary one. In fact, if the entire CZM effort were to be transferred to DEP, segmentation might well be abandoned. This alternative was examined by the legislature last year, but not acted upon. It is not presently under consideration and hence is judged politically infeasible. The State of Maine could use other existing authorities for funding and imple- mentation of a state program meeting the objectives of the CZM Act. Maine might utilize the National Marine Sanctuary provisions of the Ocean Dumping Act, the Estuarine Sanctuary provisions of the CZM Act, the HUD 701 program, Areawide Waste Treatment Management Programs (Section 208, P.L. 92-500, the Site Location and Development Act, the Mandatory Shoreline Zoning Act, the National Environmental Policy Act (NEPA), the Clean Air Act, local compre- hensive plans, flood zone and other permit authorities, and other such activities to implement its coastal zone program. 48 The proliferation of authorities which place controls upon land and water use has questionable utility, especially when they overlap significantly. There is no question that the objectives of the proposed CZM program coincide to some degree with the objectives of the authorities listed above. Maine's environmental legislation has gone a long way in meeting the concepts described in the CZM Act. However, administration and enforcement of current legislation has suffered because of inadequate financial and technical resources to implement legislative provisions effectively. In addition, the basic purposes of the CZM Act, "to promote effective manage- ment, beneficial use, protection, and development of the coastal zone" and to develop "unified policies, criteria, standards, methods and processes for dealing with land and water use decisions of more than local significance" are not completely covered by any of these authorities. Furthermore, none of the existing authorities except the CZM Act have basic requirements for consistency with an approved program of Federal actions affecting the coastal zone nor for consideration of the national interest involved in the siting of facilities necessary to meet requirements which are other than local in nature. Without the CZM framework, existing authorities are either very general in nature or have a specific or single purpose intent. The Estuarine and Marine Sanctuary provisions are designed to preserve water areas for specific values (research, educational, recreational, historic, esthetic, etc.) but forbid industrial, commercial or residential uses. The HUD 701 program has provided some funds to regional planning commissions but not enough to enable development of regional land use plans. NEPA, the Clean Air Act and the Water Pollution Control Act have as their objective adequate consideration and regulation of air and water quality. While these are fundamental to and an integral part of the CZM program, they are in- sufficient to direct the effective balance between conservation and develop- ment that is intended by CZM. Existing permits are designed for specific purposes (air quality protection, water quality, water table reductions, preservation of food fish resources, wildlife protection, compliance with zoning laws, etc.) but cannot be used effectively to comprehensively plan and manage the resources of the coastal zone, which is one of the major unifying thrusts of CZM. The Site Location of Development Act and the Mandatory Shoreline Zoning Act provide for regulation but do not establish a comprehensive planning frame- work within which decisions can be made. It is clear then, that these current authorities fill many of the individual requirements of the CZM Act and will be an integral part of Maine's program, but do not individually or separately provide for the comprehensive land and water use management-program called for by the Act and implemented through program approval. The state might exert complete control over the implementation of the CZM Program. This alternative would result in policies, regulations and control being imposed by the state and applied statewide. The state would be less vulnerable to conflict of interest pressures than local governments, which have to regulate development projects that are the primary source for their tax base. Administration would be centralized. A statewide plan could be developed and implemented. Intergovernmental coordination requirements would be significantly lessened and interstate cooperation and coordination would be easier. It would meet the intentions of the CZM Act that states effectively exercise their responsibilities in the coastal zone. 49 Total state control of CZM implementation, however, would require new legislation by the State of Maine. Although this certainly is possible, the conflicts produced by the existing state environmental legislation indicates that such a step would not be acceptable to the people of the state. Total state control would be inconsistent with the tradition of home-rule; it would take responsi- bility and power from the local government, and thereby would almost certainly engender significant local obstruction of the program. In contrast to the above alternative, county and city governments might exert co lete control over implementation of the CZM program with no overall guidelines and performance standards from the state. CZM money would be given directly to local governments through an organization such as an association of counties. In this case local concerns and conditions would be handled solely by local governments. This alternative would essentially imply that local governments could continue to conduct "business as usual," a condition which is at least in part responsible for the degradation of the resources of some coastal areas. This alternative could not be acceptable under the conditions of the CZM Act, which requires that states must assert their full authorities and responsi- bilities in management of the resources of the coast. Furthermore, recognition that land use decisions often have significant impacts which transcend local boundaries, the Act stipulates that CZM grants must be awarded to states. In essence, total local control is incompatible with -the objectives of coastal zone management,not allowable under the Act, and inconsistent with existing state law. County governments in Maine are not strong. There is a measure in the legislature to abolish the county structure, revising and centralizing services into a regional unit. There is no longer a planning function at the county level; it has been given to the regional planning commissions. C. Alternatives to Proposed Program Elements The state could change the boundary designated as the coastal zone. One alternative boundary change would be from first tier towns to a specified distance (i.e. 250,500 feet) from the shoreline. The advantage to this boundary would be a lessening in administrative responsibility. However, such a boundary would be arbitrary and would not meet the intentions of the Act to develop a comprehensive approach to coastal land and water use manage- ment. Nor would such a boundary reflect the diversity of physical, hydro- logical and political circumstances within Maine's coastal zone. Land uses and activities which have a direct and significant impact on the coast are not contained within an arbitrary distance from the shore. The Maine CZM program identifies two different categories of land use which are of state concern because they affect the quality of coastal waters. These include: 1) small scale developments located directly adjacent to the shore and 2) development of significant size having substantial state or regional impact regardless of its proximity to coastal waters. 50 This alternative would also tend to intensify border conflicts and questions of equity between uses within a narrowly defined zone and those located just outside the zone. The designation of such an arbitrary boundary may tend to increase the development pressure on adjacent lands immediately inland from the boundary (that is, just outside of the coastal zone). Another alternative would be to change the boundary to make the coastal zone coterminous with the State's Regional Planning and Development Districts. The districts were drawn up on the basis of economic, environmental, land and water control and management considerations. According to these factors, t.he coastal and inland area of a region are interrelated. State agencies have been directed to make plans and collect data by these regional districts. Since the coastal influence extends inland, the regional district might seem an appropriate boundary for coastal zone management. With this boundary, more of the state would come under a comprehensive planning system sooner. Between the coast'al regions' coastal zone program and the state's Land Use Regulation Commission for unincorporated areas, most of the state would be under a land use guidance system. While there would be benefits to using the coastal regional districts as the coastal zone, time and money diminish the attractiveness of this alternative. It would take more time and more money to include the entire area of the coastal regions. The resource inventory alone would delay the development and application of regional plans. The urgency of dealing with coastal problems makes it necessary to concentrate on the coastal sections of the regions, those most immediately influenced by coastal problems and issues. The boundary Maine has chosen, first tier towns, coincides with the influence on coastal waters most directly. It also contains 45% of the state's population. Another alternative boundary for the coastal zone might be a transportation- related boundary, the Maine Turnpike from Kittery to Bangor and Route 9 from Bangor to Calais. This transportation route heavily influences the coastal region as it channels people and products to and from the coast. This boundary would incorporate the primary economic region in Maine, but, again, expands the area of consideration beyond the area most immediately influenced by coastal problems and pressures. It would increase the administrative work- load without yielding proportional benefit in terms of solving coastal problems. The proposed boundary for the coastal zone includes the major urban areas which the transportation network services (Portland, Brunswick, Bangor, Augusta, Waterville). In addition, the Site Location of Development Act deals within these "extended" boundaries under the proposed program, thus controlling major development proposals without the need for extended geographic jurisdiction. The coverage of development review and permit issuance under the Site Location of Development Act could be expanded to include roads and borrow pits. Roads and borrow pits are presently exempt from permit review under the Site Location of Development Act. Since they can have significant effects on the coastal environment, it is important that their planning and location 51 reflect environmental and socio-economic factors. Their inclusion under the permit requirement of the Site Location of Development Act would require new state legislation. Lacking this legislation, OCZM has recommended that the State Planning Office and the State Highway Commission enter into an agreement of understanding which would insure that the state CZM resource inventory and analysis is incorporated into the decision-making process concerning roads and borrow pits. VII. PROBABLE ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED While an overall assessment of the probable effects would indicate the Maine coastal zone management program is environmentally beneficial, a number of potential adverse impacts can be identified. The administration of the state CZM program, the coordinating mechanisms it applies, and the regional plans which will develop under the program will assure that some areas will be developed more fully and more swiftly than if development were to proceed in a fragmented, less controlled fashion. This will result in the loss of environmental amenities associated with those resources. This will be offset by a corresponding increased protection of other areas and resources. The same program, regulations and plans will reduce or restrict the usability of some lands; this may result in diminished value for some coastal property, with a loss to the property owner and a decrease in property taxes. Resource extraction or exploitation, expecially timber harvest, may be restricted or prohibited in some (a small percentage) of coastal lands. Finally, population and industrial growth will be limited to specific areas, with the result that both will ultimately become more densely concentrated. 52 VIII. RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY While approval of the proposed state coastal zone management program will restrict local, short-term uses of the environment, it will also provide along-term assurance that the natural resources and benefits provided by the Maine coast will be available for future use and enjoyment. This theme is central to the state and Federal CZM programs. Without the implementation of rationally based land and water use manage- ment programs intense short-term uses and gains, such as provided by residential or industrial development, might be realized. However, such uses would most likely result in long-term restrictions on coastal resource use and benefit because of degradation of the environ- ment. Without proper management the traditional conflicts between coastal resource users -- residential, commercial, industrial, timber, recreational, and wildlife -- could be expected to occur. By providing a sound basis for decision-making, and by protecting the important segements of the natural system, the management program will directly contribute to the long-term maintenance of the environment. IX. IRREVOCABLE OR IRRETRIEVABLE COMMITMENTS OF RESOURCES THAT WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED. The approval of the state coastal zone management program, and imple- mentation of the regional planning commission comprehensive plans will lead certain areas of the Maine coastline to be intensely, and for all practical purposes, irrevocably developed. This will cause the loss of some environmental resources. Development would occur in the absence of program approval but the CZM program will channel such activity with appropriate but discreet sites. A limited amount of timber and perhaps mineral resources will also be removed from direct commercial exploi- tation. 53 X. CONSULTATION AND COORDINATION WITH OTHERS The SPO has solicited participation by a variety of state and Federal agencies, local governments, special interest groups and the public at large during the preparation of its coastal zone management program. A partial list of those involved includes representatives of local governments, regional planning commissions, state agencies, and various Federal agencies, such as EPA, FPC, FEA, Federal Highway Administration, U.S. Forest Service, U.S. Soil Conser- vation Service, Bureau of Outdoor Recreation, U.S. Fish and Wildlife Service, National Park Service, U.S. Geological Survey, NOAA, and the U.S. Army Corps of Engineers. Coordination and consultation between the state and substate entities and citizens has been principally through the regional planning commissions, in the form of public meetings and contacts with local officials, citizens advisory committees, and various interest groups. In addition, the state will work through the Federal-State Coordinator's Office in the Executive Department and the New England River Basin Commission in coordinating with Federal agencies and dealing with questions of Federal consistency under the Coastal Zone Management Act. Assistance-in consulting with Federal officials has been provided by the staff.of the Office of Coastal Zone Management. In addition to OCZM's unilateral and group consultation with all principal Federal agencies, specific discussions of Maine's general approach to CZM have been initiated with the following headquarters agencies: The National Park Service, Environmental Protection Agency, Oceanographer of the Navy, Federal Energy Administration, Coast Guard, and the Department of Housing and Urban Develop- ment. OCZM will also give a full presentation of the Federal agency involvement in CZM and Maine's program to the regional officials hosted by the New England River Basins Commission on March 25, 1975. This follows up on an earlier presentation given to these officials in November, 1974. An ad hoc group of secretarial representatives of principal agencies will be convened in early April to act as a single point of contact for the Maine mid-coast segment review process. 54 XI. PUBLIC HEARING As a part of the review and comment process pursuant to this proposal, public hearings for the purpose of receiving information and comments from concerned public and private organizations and citizens will be held at 7:30 p.m. on May 5 and May 6, 1975 at the following locations: May 5, 1975 Wiscasset Municipal Building Wiscasset, Maine May 6, 1975 Ellsworth City Hall Ellsworth, Maine Persons wishing to make a statement at the hearing should so inform: Edward T. LaRoe Office of Coastal Zone Management National Oceanic and Atmospheric Administration Rockville, Maryland 20852 (phone: 301 496-8896) of their desires. It may be necessary to impose a time limit on speakers. 55 Both written and oral statements will be accepted. Comments should address the adequacy of the draft Environmental Impact Statement as well as the desirability of the proposed action. Copies of the complete state application, with supporting documents, will be available for public inspection at the following locations: Eastern Mid-Coast Regional Planning Commission 423 hain. Street Rockland, Maine 04841 Hancock County Regional Planning Commission 69 Main Street Ellsworth, Maine 04605 Penobscot Valley Regional Planning Commission 31 Central Street Bangor, Maine 04401 Southern Mid-Coast Regional Planning Commission 52 Front Street Bath, Maine 04530 Maine State Planning Office 184 State Street Augusta, Maine 04330 And at the following locations in the vicinity of Washington, D.C. Office of Coastal Zone Management NOAA From March 21 to March 31 11400 Rockville Pike Room 306 Rockville, Maryland 20852 From April 2 to May 21 3300 White haven St., N.W. Page 1 Building Room 301 Washington, D. C. 20235 Departme t of Commerce Main Commerce Building 14th & Constitution, N.W. Room 7046 Washington, D.C. 20230 56 SELECTED REFERENCES Governor's Task Force. 1972. Report of the Governor's Task Force on Energy, Heavy Industry andthe Maine Coast. Augusta, Maine. Maine Department of Commerce and Industry. 1973. Maine Economic Data Book. Augusta, Maine. Maine Parks and Recreation. 1972. Maine Comprehensive Outdoor Recreation Plan. 3 vols. Augusta, Maine. Maine State Planning Office. 1974. An Introduction to the Maine Coastal Plan. Augusta, Maine. Maine State Planning Office. 1974. An Introduction to Statistics for the Maine Coastal Zone. Augusta, Maine. Maine State Planning Office. 1974. A Survey of Municipal Planning and Regulatory Activity. Augusta, Maine. Maine State Planning Office. 1971. Maine Coastal Resources Renewal. Augusta, Maine. New England Rivers Basin Commission. 1971. Regional and National Demands on the Maine Coast. Boston, Massachusetts. Smithsonian Institution, Center for Natural Areas. 1973. Conservation Priorities Plan of the Coast of Maine. Washington, D. C. APPENDIX 1 PUBLIC LAW 92-583 COASTAL ZONE MANAGEMENT ACT OF 1972 Public Law 92-583 92nd Congress, S. 3507 October 27, 1972 An Act 86 STAT. 1280 To establish it national policy and develop a national program for the manage- ment beneficial use, protection, and development of the land and water resources of the Nation's coastal zones, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled Marine Re- "An Act to provide for a comprehensive, long-range, and coordinated sources and national program in marine science, to establish a National Council on Engineering Marine Resources and Engineering Development, and a Commission Aot of 1966, on Marine Science, Engineering and Resources, and for other pur- amendment. poses", approved June 17, 1966 (80 Stat. 203), as amended (33 U.S.C. 1101-1124), is further amended by adding at the end thereof the fol- 80 Stat. 998, lowing new title: 84 Stat. 865. TITLE III-MANAGEMENT OF THE COASTAL ZONE SHORT TITLE Sec. 301. This title may be cited as the "Coastal Zone Management Act of 1972". CONGRESSIONAL FINDINGS Sec. 302. The Congress finds that- (a) There is a national interest, in the effective management, bene- ficial use, protection, and development of the coastal zone; (b) The coastal zone is rich in a variety of natural, commercial, rec- reationial, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation; (c) The increasing, and competing demands upon the lands and waters of our coastal zone occasioned by population growth and eco- nomic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and har- vesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse, changes to ecological systems, decreasing open space for public use, and shoreline erosion; (d) The coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and conse- quently extremely vulnerable to destruction by man's alterations; (e) Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost; (f) Special natural and scenic characteristics are being damaged by ill-planned development that threatens these values; (g) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone, pres- ent state and local institutional arrangements for planning and regu- lating land and water uses in such areas are inadequate; and (h) The key to more effective protection and use of the land and water resources of the coastal zone is to encourage the states to exercise their full authority over the lands and waters in the coastal zone by assissting the states, in cooperation with Federal and local governments and other vitally affected interests, in developing land and water use programs for the coastal zone, including unified policies, criteria standards, methods, and processes for dealing with land and water use decisions of more than local significance. 83-081 0 86 @TAT, 1281 Pub. Law 92-583 2 - October 27, 1972 DECLARATION OF ]POLICY SEC. 303. The Congress finds and declares that it is the national policy (a) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations, (b) to encourage and assist the states to exercise effective]), their responsibilities in the coastal zone through the devel- opment and implementation of management programs to achieve wise use of the land and water resources of the coastal zone giving full consideration to ecological, cultural, historic, and esthetic values as well as to needs for economic development, (c) for all Federal agencies engaged in programs affecting the coastal zone to cooperate and pat- ticIpate with state and local - governments and regional agencies in effectuating the purposes of this title, and (d) to encourage the par- ticipat@ion of the vublic. of Federal, state, and local governments and of regional agencies in the. development of coastal zone management progran.is. With respect to implementation of such managament pro- grams, it is the national policy to encourage cooperation among the various state and regional agencies including establishment of inter- state and regional agreements, cooperative procedures, and joint action particularly regarding environmental problems. DEFINITIONS SFc. 304. For the purposes of this title- (a) "Coastal zone'* ineans the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international bound- ary between the United States and Canada and, in other areas, seaward to the outer limit of the I Tnited @States territorial sea. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which li@ve a direct and significant impact oil the coastal waters. Excluded froni the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Governineia, its officers or agents. (b) "Coastal waters" means (1) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the (ireat *Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bavs, shallows, and marshes and (2) in other areas, those waters, adjacent to the shorelines, which contain a measurable quantity or percenta e of sea water, including, but not limited to, sounds, ba, , _ : fayous, ponds, and estuaries. (c) "Coastal state" means a state of the United States in, or bor- dering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound. or one or more of the Great Lakes. For the pur- poses of this tifle, the term also includes Puerto Rico, the Virgin Islands, Guam, and American Sanioa. (d) "Estuary" means that part of a river or stream or other body of water having unimpaired connection with the open sea, where. the sea water is measurably diluted with fresh water derived from land drainage. The term includes estuary-type areas of the Great Lakes. (e) '@@tstuarine sanctuary" means a research area which may include any part or all of an estuary, adjoining transitional areas, and adja- cent uplands, constituting fo the extent feasible a natural unit, set October 27, 1972 - 3 Pub. Law 92-583 86 STAT, 1282 aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area. f ) "Secretary" means the Secretary of Commerce. ,g) "Management program" includes but is not limited to, a com- pr ensive statement in words, maps, iliustrations, or other media of communication, prepared and adopted by the state in accordance with the provisions of this title, setting forth objectives, policies, and stand- ards to guide public and private uses of lands and waters in the coastal zone. (h) "Water use" means activities which are conducted in or on the water; but does not mean or include the establishment of any water quality standard or criteria or the regulation of the discharge or runoff of water pollutants except the standards, criteria, or regulations which are incorporated in any program as required by the provisions of section 307 (f ). (i) '11,and use" means activities which are conducted in or on tile shorelands within the coastal zone, subject to the requirements out- lined in section 307(g). MANAGEMENT PROGRAM DEVELOPMENT GRANTS SEc. 305. (a) The Secretary is authorized to make annual grants to any coastal state for the purpose of assisting in the development of it management program for the land and water resources of its coastal zone. (b) Such management program shall include: (1) an identification of the boundaries of the coastal zone sub- ject to the management program; 1) a definiti;n of what shall constitute permissible land and water uses within the coastal zone which have a direct and signifi- cant impact on the coastal waters; (3) an inventory and designation of areas of particular con- cern within the coastal zone; (4) an identification of the means by which the state proposes to exert control over the land and water uses referred to in pnrti- graph (2) of this subsection, including a listing of relevant con- stitutionRl provisions, legislative enactments, regulations, and. judicial decisions (5) broad gQelines on priorit of user. in particular areas, inchiding specifically those uses o7lowest priority; (6) a description of the organ izational structure proposed to implement the management program, including the responsibili- ties and interrelationships of local, areawide@ state, regional, and interstate agencies in the management process. (c) The grants shall not exceed 66% per centuin of the costs of the Limitation. program in any One year and no state shall be eligible to receive more than three annual @rants pursuant to this section. Federal funds received from other sources shall iiot be used to match such grants. In order to qualify for grants under this section the state must reasonabl@ demonstrate to the satisfaction of the Secretary that such gra- I be used to develop a management progrRm consistent with tyle, require- ments set forth in section 306 of this title. After making the initial grant to a coastal state, no subsequent grant shall be made under this section unless the Secretary finds that the state is satisfactorily devel- opinz such management program. (d) Upon completion of the development of the state's management program, the state shall submit such program to the Secretary for 86 STAT, 1283 Pub. Law 92-58.3 - 4 October 27, 1972 review and approval pursuant to the provisions of section 306 of this title, or such other action*as he deems necessary. On final approval of such program by the Secretary, the state's eligibility for furti@e@ "ants under th-Is section shall terminate, and the state shall be eligib e for grants under section 306 of this title. Grant s (e) Grants under this section shall be allocated to the states based allooation. opi rules and regulations promulgated bj the Secretary: Provded, liowever, That no management program development grant under this section shall be made in excess of 10 per centuin nor less than 1 per centum of the total amount appropriated to carry out the purposes of this sertion. (f) Grants or portions thereof not obligated by a state (luring the fiscal year for which the werefirst authorized to be obligated by the state, or during the fiscN year immediately following, shall revert to the Secretary, and shall be added by him to the funds available for grants under this section. - (g) With the approval of the Secretary, the state may allocate to a local government, to an areawide agency ciesignated under section 204 of the Demonstration Cities and Metropolitan Development Act'of 80 Stat. 1262; 1966, to a regional agFricy, or to an interstate agency, a portion of the 82 Stat. 208. grant under this section, for the purpose of carrying out the provi- 42 USC 3334. sions of this section. Expiration (h) The authority to make grants under this section shall expire on date. 3 une 30,1977. AD31INISTRATIVE GRANTS Limitation. SEC. 306. (a) The Secretary is authorized to make annual grants to any coastal state for not, more than 662/3 per centum. of the costs of adm*nis s managemen I stering the state* t program, if lie approves such program in accordance with subsection (c) bereof. Federal funds received from other sources shall not be used to pay the state's share of costs. Allocation. (b) Such grants shall be allocated to the states with approved pro- grams based on rule,-, and regulations promulgated by the Secretary which shall take into account the extent and nature of the shoreline and area covered by the plan, population of the area, and other rele- vant factors: Provided, however, That no annual administrative grant under th' s section shall be made in excess of 10 per centum nor less than 1 per Centum of the total amount appropriated to carry out the pur- poses of this section. Program (c) Prior to granting approval of a management program submitted requirements. by a coastal state, the Secretary shall find that: (1) The state has developed andadopted a management program for its coastal zone in accordance with rules and regulations promulgated by the Secretary, after notice, and with the opportunity of full partici- pation by relevant Federal agencies, state agencies, local governments, re ed parties, putonal organizations, port authorities, and other interest lie and private, which is adequate to carry out the purposes of this title and is consistent with the policy declared in section 303 of this title. (2) The state has: (A) coordinated its program with local. areawide, and. inter- state plans applicable to areas within the coastal zone existing on January 1 of the year in which the state's management program is submitted to the Secretary, which plans have been developed by a local government, an areawide agency designated pursuant to regulations established under section 204 of the Demonstration October 27, 1972 - 5 - Pub. Law 92-583 86 STAT, 1284 Cities and Metropolitan Development Act of 1966, a regional 80 Stat. 1262; agency, or an interstate agency; and 82 Stat. 208. (B) established an effective mechanism for continuing con- 42 USC 3334. sultation and coordination between the management agency desig- nated pursuant to paragraph (5) of this subsection and with local governments, interstate agencies, regional agencies, and areawide agencies within the coastal zone to assure the full participation of such local governments and agencies in carrying out the pur- poses of this title. (3) The state has held public hearings in the development of the management program. (4) The management program and any changes thereto have been reviewed and approved by the Governor. (5) The Governor of the state has designated a single agency to receive and administer the grants for implementing the management program required under paragraph (1) of this subsection. (6) The state is organized to implement the management program required under paragraph (1) of this subsection. (7) The state has the authorities necessary to implement the pro- gram, including the authority required under subsection (d) of this section. (8) The management program provides for adequate consideration of the national interest involved in the siting of facilities necessary to meet requirements which are other than local in nature. (9) The management program makes provision for procedures whereby specific areas may be designated for the purpose of preserv- ing or restoring them for their conservation, recreational, ecological, or esthetic values. (d) Prior to granting approval of the management program, the Secretary shall find that the state, acting through its chosen agency or agencies, including local governments, areawide agencies designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, regional agencies, or interstate agencies, has authority for the management of the coastal zone in accordance with the management program. Such authority shall include power- (1) to administer land and water use regulations, control devel- opment in order to ensure compliance with the management pro- gram, and to resolve conflicts among competing uses; and (2) to acquire fee simple and less than fee simple interests in lands, waters, and other property through condemnation or other means when necessary to achieve conformance with the manage- ment program. (e) Prior to granting approval, the Secretary shall also find that the program provides: (1) for any one or a combination of the following general tech- niques for control of land and water uses within the coastal zone; (A) State establishment of criteria and standards for local implementation, subject to administrative review and enforce- ment of compliance; (B) Direct state land and water use planning and regula- tion: or (C) State administrative review for consistency with the management program of all development plans, projects, or land and water use regulations, including exceptions find variances thereto, proposed by any state or local authority or private developer, with power to approve or disapprove after public notice and an opportunity for hearings. 86 STAT. 1285 Pub. Law 92-583 - 6 - October 27, 1972 (2) for a method of assuring that local land and water use reulations within the coastal zone do not unreasonably restrict or exclude land and water uses of regional benefit. (f) With the approval of the Secretary, a state may allocate to a local government, in areawide agency designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 80 Stat. 1262; 1966, a regional agency, or an interstate agency, a portion of the grant 82 Stat. 208. under this section for the purpose of carrying out the provisions of this 42 USC 3334. section: Provided. That such allocation shall not relieve the state of the responsibility for ensuring, that any funds so allocated are applied in furtherance of such state's approved management program. Program (g) The state shall be authorized to amend the management pro- modification. gram. The modification shall be in accordance with the procedures required under subsection (c) of this section. Any amendment or modification of the program must be approved by the Secretary before additional administrative grants are made to the state under the pro- gram as amended. Segmental (h) At the discretion of the state and with the approval of the development. Secretary, a management program may be developed and adopted in segments so that immediate attention may be devoted to those areas within the coastal zone which most urgently need management pro- grams: Provided. That the state adequately provides for the ultimate coordination of the various segments of the management program into, a single unified program and that the unified program will be com- pleted as soon as is reasonably practicable. INTERAGENCY COORDINATION AND COOPERATION Sec. 307. (a) In carrying out his functions and responsibilities under this title, the Secretary shall consult with, cooperate with, and, to the maximum extent practicable, coordinate his activities with other interested Federal agencies. (b) The Secretary shall not approve the management program sub- mitted by a state pursuant to section 306 unless the views of Federal agencies principally affected by such program have been adequately considered. In case of serious disagreement between any Federal agency and the state in the development of the program the Secre- tary, in cooperation with the Executive Office of the President, shall seek to mediate the differences. (c)(1) Each Federal agency conducting or supporting activities directly affecting the coastal zone shall conduct or support those activities in a manner which is, to the maximum extent practicable, consistent with approved state management programs. (2) Any Federal agency which shall undertake any development project, in the coastal zone of a state shall insure that the project is, to the maximum extent practicable, consistent with approved state management programs. Certification. (3) After final approval by the Secretary of a state's mamagement program, any applicant for a required Federal license or permit to conduct and activity affecting land or water usesin the coastal zone of that state shall provide in the application to the licensing or permit- ting agency a certification that the proposed activity complies with the state's approved program and that such activity will be conducted in a manner consistent with the program. At the same time the appli- cant shall furnish to the state or its designated agency a copy of the certification, with all necessary information and data. Each coastal state shall establish procedures for public notice in the case of all such October Z7, 197Z - 7 - pub. Law 92-583 86 STAT, 1286 certifications an(], to the extent it deems appropriate, procedures for public hearings in connection therewith. At the earliest practicable Notifioation. time, tile state or its designated agency shall notify the Federal agene that tile state concurs Nvith or objects to the applicants certification. If the state or its designated agency fails to furnish the required notification within six months after receipt of its copy of the applicant's certification, the state's concurrence with the ceitification shall be conclusively presumed. No license or permit shall be granted by the Federal agency, until the state or its designated agency has con- curred with the applicant's certification or until, by the state's failure to act, the concurrence is conclusively. presumed, unless the Secretary, oil his own initiative or upon appeal by the applicant, finds, after pro- %- iding 17L reasonable opportunity for detailed comments from the Fed- cral agency involved and from the state, that the activity is consistent with tile objectives of this title or is otherwise necessary in the interest of national security. (d) State and local governments submitting applications for Fed- eral assistance tinder other Federal programs affecting the coastal zone shall indicate the views of the appropriate state or local agency as to the relationship of such activities to the approved management pro- gram for the coastal zone. Such applications sliall be submitted and coordinated in accordance with the provisions of title IV of the Inter- o-overnmental Coordination Act of 1968 (82 Stat. 1098). Federal agell- 42 USC 4231. cies shall not approve proposed projects that are inconsistent with a coastal state's management program, except iipbn a finding by the Secretary that such project is consistent with tile purposes of this title ornecessary in the interestof national security. (e) Nothing in this title shall be construed- (1) to diminish either Federal or state jurisdiction. respolisi- bility, or rights in the field of planning, (level opn tent, or control of water resources, submerged lands, or navigable waters; nor to displace, supersede, limit, or modify any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more states or of wo or more states and the Federal Government; nor to limit the authority of Congress to authorize and fund projects; (2) as superseding, modifying. or repealing existing laws appli- cable to the various Federal agencies; not' toaffect tile jurisdiction, powers, or prerogatives of the International Joint Commission, United States and Canada, the Permanent Engineering Board, and the United States operating entity or entities established pur- suant to the Columbia River Basin Treaty, signed at Washill don ,January 17, 1901. or the International Boundary and Water 60m, mission, United States and Mexico. (f) Notwithstanding any other provision of this title, nothing in this' title shall in 'an way affect any, requirement (1) establislied by the Federal Water @ollution Control Act, as amendcd, 0'r the Clean Air Ante, p. 816. Act, as amended, or (2) established by the Federal Government or by 81 Stat. 485; any state or local government pursuant to such Acts. Such require- 84 Stat. 1676. ments shall be incorporated in any program developed pursuant to' 42 USC 1857 this title and shall be the water pollution control and air pollution note. control requirements applicable to such program. (g) When any state's coastal zone management pr6gram, submitted for approval or proposed for modification pursuant to section 306 of this title, includes requirements as to shorelands which also would be subject to any Federally supported national land use program which may be lierea@fter enacted, the Secretary, prior to approving such pro- el 86 STAT, 1287 Pub. Law 92-583 - 8 - October 27, 1972 gram, Shall obtain the concurrence of the Secretay of the Interior, or such other Federal official as may be designated to administer the national land use program, with respect to that portion of the coastal zone management program affecting such inland areas. PUBLIC HEARINGS SEC. 308. All public hearings required under this title must be announced at least, thirty days prior to the hearing date. At the time of the announcement, all agency materials pertinent to the hearings, including documents, studies, and other data, must be made available to the public for review and study. As similar materials are subse- quently developed, they shall be made available to the public as they become available to the agency. REVIEW OF PERFORMANCE SEC. 309. (a) The Secretary shall conduct a continuing review of the management, programs of the coastal states and of the performance of each state. Financial (b) The Secretary shall have the authority to terminate any financial assistance, assistance extended under section 306 and to with draw any unexpended termination. portion of such assistance if (1) he determines that the state is failing to adhere to and is not justified in deviating from the program approved by the Secretary; and (2) the state has been given notice of the proposed termination and withdrawal and given an opprotunity to present evidence of adherence or justification for altering its program. RECORDS SEC.310. (a) Each recipient of a grant under this title shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition of the funds received under the grant, the total cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. Audit. (b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, docu- ments, papers, and records of the recipient of the grant that are perti- nent to the determination that funds granted are used in accordance with this title. ADVISORY COMMITTEE Costal Zone SEC. 311. (a) The Secretary is authorized and directed to establish Management a Coastal Zone Management Advisory Committee to advise, consult Advisory with, and make reccomendations to the Secretary on matters of policy Committee, concerning the coastal zone. Such committee shall be composed of not establishment; more than fifteen persons designated by the Secretary and shall per- membership. form such functions and operate in such a manner as the Secretary may ddirect. The Secretary shall insure that the committee member- ship as a group possesses a broad range of experience and knowledge relating to problems involving management, use, conservation, pro- tection, and development of coastal zone resources. Compensation, (b) Members of the committee who are not regular full-time travel ex- employees of the United States, while serving oil the business of the penses. committee, including traveltime, may recieve compensation at rates not exceeding $100 per diem; and while so serving away from their October 27, 1972 - 9 Pub. Law 92-583 86 STAT, 1288 homes or regular places of business may be allowed travel expensest including per them in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Govern- 80 Stat. 499; ment service employed intermittently. 83 Stat, 190o ESTUARINE SANCTUARIES SEC. 312. The Secretary, in accordance with rules and regulations Grants. E5 promulgated by him, is authorized to make available to a coastal state grants of up to 50 per centum of the costs of acquisition, development, and operation of estuarine sanctuaries for the purpose of creating natural field laboratories to -ather data and make studies of the natural and human processes "occurring within the estuaries of the coastal zone. The Federal share of the cost for each such sanctuary Federal share. shall not exceed $2,000,000. No Federal funds received pursuant to section-305 or section 306 shall be used for the purpose of this section. ANNUAL REPORT SEC. 313. (a) The Secretary shall prepare and submit to the Presi- dent for transmittal to the Congress not later than November 1 of each year a report on the administration of this title for- the preceding fiscal year. The report shall include but not be restricted to (1) an identifi- cation of the state programs approved pursuant to this title during the preceding Federal fiscal year and a description of those programs; (2) a listing of the states participating in the provisions of this title and a description of the status of each state's programs and its accom- plishments during the preceding Federal fiscal year; (3) an itemiza- tion of the allocation of funds to the various coastal states and a breakdown of the major projects and areas on which these funds were expended; (4) an identification of tiny state programs which have been reviewed and disapproved or with respect to which grants have been terminated under this title., and a statement of the reasons for such action; (5) a listing of all activities and projects which, pursuant to the provisions of subsection (c) or subsection (d) of section 307, are not consistent with an applicable. approved state management pro- gram; (6) a summary of the regulations issued by the Secretary @r in effect during the preceding Federal fiscal year; t) a summary of a coordinated national strategy and program for the Nation's coastal zone including identification and discussion of Federal, regional, State and local responsibilities and functions therelin; (8) a suniniftry oi outstanding problems- arising in the administration of this title in order of priority; and (9) such other information as may be appro- priate. (b) The report required by subsection (a) shall contain such recom- mendations for additional legislation as the Secretary deems necessary to achieve the objectives of this title and enhance its effective operation. RULES AND REGULATIONS SEC. 314. The Secretary shall develop and promulgate, pursuant to section 553 of title 5, tnited States Code, after notice and oppor- 80 Stat. 383. tunitX for full participation by relevant Federal agencies, state agencies, local governments, regional organizations, port authorities, and other interested parties, both public and private, such rules and regulations as may be necessary to carry out the provisions of this title. 86 STAT, Mg Pub. Law 92-583 - 10 October'27, 1972 AUTHORIZATION OF APPROPRIATIONS SEc. 315. (a) There are authorized to be appropriated- (1) the sum of $9,000,000. for the. fiscal year ending June 30, 1 73, and for each of the fiscal yea 9 rs 1974 through 1977 for grants under section 305, to remain available until expended; (2) such sums, not to exceed $30,000,000, for the fiscal year ending June 30, 1974, and for each of the fiscal years 1975 through 1977, as may be necessary, for grants under section 306 to remain available'until expended; and (3) such sums, not to exceed $6,000,000 for the fiscal year end- ing June 30, 1974, as may be necessary, for grants under section 312, to remain available until ex ended (b) There are also authorized to Z appropriated such sums, not to exceed $3,000,000, for fiscal year 1973 and for each of the four succeed- ing@ fiscal years, as may be necessary for administrative expenses iicident to the administration of this title. Approved October 27, 1972. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-1049 acoomparVing H.R. 14146 (Comm. on Merchant Marine and Fishe'ries) and No. 92-1544 (comm. Of Conference). SENATE REPORT No, 92-7.53 (comm. on Commerce). CONGRESSIONAL RECORD, Vol. 11B (1972): Apr. 259 considered and passed Senate. Aug. 2, considered and passed Housel amended, in lieu of H.R. 14146. Oct. 12i House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 44: Dot. 28, Presidential statement. 0 I APPENDIX 2 COASTAL ZONE MANAGEMENT PROGRAM APPROVAL REGULATIONS Reprinted from FEDERAL REGISTER THURSDAY, JANUARY 9,1975 i WASHINGTON, D.C. Es Volume 40 0 Number 6 PART I 1934 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration COASTAL ZONE MANAGEMENT PROGRAM ADMINISTRATIVE GRANTS NOTICE OF FINAL RULEMAKING 5,0M RMES AND REGULATION5 1683 The regulations below set forth (a) was amended to reflect the requirement criteria and procedures to be utilized in of the National Environmental Policy reviewing and approving coastal zone Act environmental Impact statement management programs pursuant to sec- requirements. tion 306 of the Act, and (b) procedures 3. Several comments indicated that the by which coastal States may apply to States did not have a clear understand- receive administrative grants under sec- Ing as to what was meant under � 923.11 tion 306(a) of the Act. The criteria and (b) (4) which refers to Federal lands sub- procedures under (a) constitute the ject solely to the discretion of, or which "guidelines for section 306" referred to is held in trust by, the Federal govem- in 15 CPR 920. ment, its officers and agents. This section The National Oceanic and Atmospheric has been amended in order to provide a Aaministration is publishing herewith procedure for identifying those lands the final regulations describing proce- which are within the framework of this dures for applications to receive adminis- section. trative grants under section 306 of the 4. Several commentators Indicated Act. The final regulations and criteria that there was uncertainty as to what the published herewith were revised from the requirements of the national interest proposed guidelines based on the com- were pursuant to � 923.15. This section ments received. A total of thirty-two (32) has been amended In order to more suc- States, agencies, organizations and Indi- cinctly state what the requirements are viduals submitted responses to the pro- pursuant to this section and how a posed section 306 guidelines published in State must meet these requirements dur- the FLMERAL REGISTER on August 21, 1974. ing the development and administration Of those responses received, nine (9) of its coastal zone management prograryL were wholly favorable as to the nature At the request of several commentators, and content of the guidelines as they ap- several additions have been made to the Peared In the FtDERAL RLPGTSTER on list of requirements which are other than August 21, 1974. Twenty-three (23) com- local in nature. Title 15-Cornmerce and Foreign Trade mentators submitted suggestions con- 5. Several commentators indicated cerning the proposed Section @06 guide- that � 923.26, which pertains to the de- CHAPTER IX--NATIONAL OCEANIC AND lines. gree of State control needed to im0le- ATMOSPHERIC ADMIMSTRATION The following analysis summarizes key ment a coastal zone management pro- -PART 923---COASTAL ZONE MANAGE- comments received on various sections gram, did not offer sufficient guidance in MENT PROGRAM APPROVAL REGULA- of the draft regulations and presents a interpreting the legislation. In response TIONS rationale for the changes made: to these comments, � 923,26 has been ex- The National Ooewilc and Atmospheric 1. Several commentators asserted that panded to include specific examples of Administration (NOAA) on August 21 the guidelines did not adequately reflect how a State may implement this section. 1974, proposed guidelines (origlnall@ the environmental considerations con- 6. Comments received indicate there published as 15 CFR Part 923), pursuant, tained In the Act. No changes were made was some misunderstanding in interpret- to the Coastal Zone Management Act of in response to these comments since the ing � 923.43, which deals with geographi- 1972 (Pub. L. 92-583, 86 Stat. 1280), guidelines more than adequately reflect cal segmentation. This section has been hereinafter referred to as the "Act." for the environmental concerns In the legis- substantially amended in order to indi- the purpose of defining the procedures by lation as evidenced In part by the com- cate that the segmentation issue refers to -which States car, qualify to receive ad- ment section under � 923.4: geographical segmentation of a State's ministrative grants under the Act. Management programs will be evaluated In coastal zone management program. The Written comments were to be sub- the light of the Congressional findings and requirements for a State to receive ap- mitted to the Office of Coastal Zone Policies as contained in Section 302 and Sec- proval on a segmented basis are cleaXlY Management, National Oceanic and At- tion 303 of the Act. These sections make it set forth in the amendment to the regu- lear that Congress, In enacting the legisla- lations. mospheric Administration, before No- eton, was concerned about the environmental 7. Extensive discussions have taken vember 22, 1974, and consideration has degradation. damage to natural and scenic place with various elements of the U.S. been given these comments. areas, loss of living marine resources and The Act recognizes that the coastal wildlife, decreasing open space for public use Environmental Protection Agency (EPA) zone Is rich In a variety of natural, com- and shoreline erosion being brought about by concerning the applicabilitY of air and mercial, recreatioiaal, industrial and population growth and economic develop- water pollution requirements to the esthetic resources of immediate and po- ment. The Act thus has a strong environ- development, approval and implemen- tential value to the present and future mental thrust, stressing the 'urgent need to tation of State management Programs protect and to give high priority to natural pursuant to � 923.44 of the proposed reg- well-being of the nation. Present State r and institutional arrangements for plan- ystems in the coastal zone. ulations. State coastal zone management ning and regulating land and water uses 2. Several comments were received on prog-rams have also been surveyed in or- in the coastal zone are often inadequate the necessity of the Secretary of Com- der to determine current and anticipated to deal with the competing demands and merce preparing and circulating an en- problems, issues and opportunities asso- the urgent need to protect natural sys- vironmental Impact statement on each ciated with carrying out the require- tems In the ecologically fragile area. Sec- Individual State application as required ments of section 307(f) of the Coastal tion 305 of the Act authorizes annual by � 923.5. The National Environmental Zone Management Act, and � 923.44 of grants to any coastal State for the pur- Policy Act, 42 USC 4332, and imple- the draft approval regulations. Con- pose of assisting the State in the devel- menting regulations, 38 PR 20562, August solidated EPA comments have been re- opment of a management program for P 1973, require an environmental im- ceived, together with State reviews, and the land and water resources of Its pact statement be prepared and cir- one comment from the private sector. coastal zone (development grant). Once culated on each Individual State's ap- Specific clarifications and changes as a a coastal State has developed a manage- plication. An environmental Impact result of these reviews are contained in ment program, It Is submitted to the See- statement shall be prepared on each in- �� 923.4, 923.12, 923.32 and � 923.44 of retary of Commerce for approval and, if dividual State's application by the Sec- these regulations. approved, the State is then eligible under retary, primarily on the basis of an 8. One commentator objected to the Section 306 to receive annual grants for environmental assessment, and other amount of detail required in section 306 administering its management program relevant data, prepared and submitted applications and the undue administra- (administrative grants). by the Individual States. This section tive burden proposed pursuant to Sub- FEDERAL REGISTER, VOL. 40, NO. 6-THURSDAY, JANUARY 9, 1975 I G84 RULES AND REGULATIONS part F of the proposed regulations. The AurnoRrry: 86 Stst. 1280 (16 U.S.C. 1461- 305 of the Act, and Which does not revisions attempt to both clarify and re- 1464). make the State eligible for grants under duce tho 'se requirements, while still re- Subpart A*-General Section 306 of the Act -. quiring sufficient information for the 6 923-1 Purpose, "Use of regional beneflt" means a land Office of Coastal Zone management to or water uge that typically provides approve management programs and (a) This part establishes criteria and benefIts to a significant area beyond the make sound funding decisions. procedures to be employed in reviewing boundaries of a single unit of the lowest Accordingly, having considered the and approving coastal zone management level of local, general-purpose govern- comments and other relevant Informa- programs submitted by coastal States ment. tion, the Administrator concludes by and for the awarding of grants under adopting the final regulations describing Section 306 of the Act. � 923.3 Submission of management the procedure for application to receive (b) The Act sets forth in sections 305, programs. administrative grants under section 306 306 and 307 a number of specific re- (a) Upon completion of the develop- of the Act, as modified and set forth quirements which a management pro- ment of Its. management program, a below. gram must fulfill as a condition for ap- State'shall submit the program to the Proval by the Secretary. These require- Secretary for review and final approval Effeftive date: January 8, 1975, nients are linked together as Indicated in accordance with the provisions of Dated: January 6, 1975. in the subparts which follow. Presenta- these regulations. A program submitted tion of the State management program for final approval must comply with all Roi3ERT M. WHITE, in a similar format is encouraged since of the provisions set forth in Subparts Administrator, National Oceanic it will enable more prompt and sys- A-E of this part, including,. In partic- and Atmospheric Administra- tematic review by the Secretary. How- ular, Subpart C, which requires that cer- tion. ever, there is no requirement that a tain authorities and plans of organiza- Subpart A-General State present its management program tion be in effect at the time of the sub- See. in the format which corresponds exactly mission. 923.1 Purpose. to the listing of categories below. The (b) Optionally, the State may submit 923.2 Definitions. broad categories are: Land and Water for the preliminary approval of the Sec- 923.3 Submission of management pro- Uses, Subpart B; Authorities and Orga- retary a program complying with the 923.4 E grams. nization, Subpart C; Coordination, Sub- substantive requirements of this part, valuation of mankgement pro- grams-generai. part D; and Miscellaneous, Subpart E. but for which the proposed authorities 923.5 Environmental impact assessment. Subpart F, Applications for Administra- and organization complying with the. Subpart D-Land and Water Uses. tive Grants, deals with applications for provisions of Subpart C are not yet legal- administrative grants upon approval of ly effective. In reviewing a program sub- 123.10 General. State coastal zone ma@naiiement pro- mitted for preliminary approval, the ,12111 Boundary of the coastal zone. grams which will be subject to periodic Secretary may grant such approval sub- 923.12 Permissible land and water uses. 923.13 Areas of particular concern. review by the Secretary in accordance ject to establishment of a legal regime 923.14 Guidelines on priorities. with Section 309 of the Act. In addition providing the authorities and organiza- 923.15 National interest facilities. to providing criteria against which State tion called for in the program. If the 923.16 Area designation for preservation and coastal zone management programs can State elects this option, it shall continue restoration. be consistently and uniformly judged to be eligible for funding under Section 923.17 Local regulations and uses of re- in the approval process and establish- 305 but it shall not yet be eligible for gional benefit. , Ing procedures for the application by funding under Section 306 of the Act Subpart C-Authorities and Organization States for administrative grants, it is until such time as its program is finally 923.20 General. the intent of this part to provide guid- approved. Upon a showing by the State 923.21 Means of exerting State control over ance to coastal States In the develop- land and water uses. that authorities and organization neces- 928.22 Organizational structure to Imple- ment of management programs. There- sary to implement the program which ment the management program. fore, many of the sections dealing with has received preliminary approval are in 923.23 Designation of a single agency. approval requirement in the subparts effect, final approval shall be granted. 923.24 Authorities to administer land and are followed by a "comment" which re- water uses, control development Comment. The purpose of the optional fers to a section or sections of the Act procedure Is to provide a State with an op- slid resolve conflicts. and indicates the interpretation placed portunity for Secretarial review of its pro- 923.25 Authorities for property acquisition. upon the requirements of the Act or the gram before State legislation Is enacted to 923.2G Techniques for control of land and regulation by the Secretary. put the program Into legal effect. Some water uses. Subpart D--Coordination 923.2 Definitions. States may prefer not to utilize the optional procedure, especially those which have leg- 923.30 General. In -addition to the terms defined in islative authority enabling the coastal zone 923.31 Full participation by relevant bodies the Act and 15 CFIR 920.2, the following agency of the State to put the program into in the adoption of management terms shall have the meanings indicated effect by administrative action. In any event, programs. - below: the office of coastal Zone Management will q23.32 Consultation and coordination with I'Mnal approval" means, with respect be available for consultation during all other planning. to a coastal zone management program, phases of development of the program. Subpart E-Miscellaneous approval of a program which terminates (c) States completing the require- 923.40 General. the eligibility of the State for grants ments set forth in Subpart B-Land and 923.41 Public bearings. under Section 305 of the Act and makes Water Uses, and Subpart D--Coordina- 923.42 Gubernatorial review and approval. the State eligible for grants under Sec- tion, will be deemed to have fulfilled the 923.43 Segmentation. tion 306 of the Act. In cases where a statutory requirements associated with 923.44 Applicability of air and water pollu- State has elected to follow the geo- each criteria. If, however, a State chooses tion control requirements. graphical segmentation option pursuant to adopt alternative methods and proce- Subpart F-Applications for Administrative to � M.43, final approval will appl9l dures, which are at least as comprehen- 923.50 General. Grants only to that specific geographical seg- sive as the procedures set forth below, 923.51 Administration of the program. ment. The State will continue to remain for fulfilling those statutory require- 923.52 State responsibility. eligible for development grants pursuant ments contained in Subparts B and D, 923.53 Allocation. to Section 305 of the Act for the re- they may do so upon prior written ap- 923.54 Geographical segmentation. mainder of the State's coastal zone. proval of the Secretary. The States are 923.55 Application for the Initial adminis- "Preliminary approval" means, with encouraged to consult with the Office of trative grant. 923.56 Approval of applications. respect to a coastal zone management Coastal Zone Management as early as 923.57 Amendments, program, approval of a program which possible. 923.58 Applications for second and subse. does not terminate the eligibility of the Comment. The thrust of the Act Is to en- queat year grants. State for further grants under Section courage coastal Stater. to exercise their full FEDERAL REGISTER, VOL. 40, NO. 6-THURSDAY, JANUARY 9, 1975 RULES AND REGULATIONS 1685 allthority over the lands and waters in the Congress, in enacting the legislation, was and considered. In this connection, develop- coastal zone by developing land and water concerned about the environmental degrada- ments outside the coastal zone may often use programs for the zone, including uni- tion, damage to natural and scenic areas, loss have a significant Impact within the coastal fied policies, criteria, standards, methods of living marine, resources and wildlife, de- zone and create a range of public problems and processes for dealing with land and creasing open space for public use and shore- and issues which must be dealt with in the water uses of more than local significance. line erosion being brought about by popula- coastal zone management program. While the Act mandates a State to meet spe- tion growth and economic development. 71he The Secretary encourages the States to cific statutory requirements in order for the Act thus has a strong environmental thrust, develop objectives toward which progress can State to be eligible for administrative grants, stressing the "urgent need to protect and to be measured and will review program sub- It does not require the State to follow spe- give high priority to natural systems In the missions in this light. While it is recognized cifte processes in meeting those require- coastal zone." A close working relationship that many essential coastal zone manage- ments. The Secretary will review any State between the agency responsible for the ment objectives are not quantifiable (e.g. management program that meets the re- coastal zone management program and the public aspirations, "quality of life"), others quirements contained in Subparts B and D agencies responsible for environmental pro- are, and should be set forth In measurable in addition to the other subparts contained tection Is vital in carrying out this legis- terms where feasible (e.g. shore erosion, herein. lative intent. States are encouraged by the beach access, recreational demand, energy Act to take into account ecological, cultural, facility requirements). Identifying and an- 923.4 Evaluation of management pro- historic and esthetic values as well as the alyzing problems and issues In measurable gi-am&--general. need for economic development In preparing terms during the program development phase (a) In reviewing Management pro- and implementing management programs will facilitate Ahe formulation of measur- grams submitted by a coastal State pur- through which the States, with the partici- able objectives as part of the approval sub- pation of all affected interests and levels of mission. suant to � 923.3, the Secretary will eval- government, exercise their full authority over ua,te not only all of the individual pro- coastal lands and waters. � 923.5 Environmental impact aa3ess- grain elements required by the Act and Further assistance in meeting the Intent ment. set forth in Subparts B-E of this part, of the Act may be found In the Congression- Individual environmental impact but the objectives and Policies of the al Committee Reports associated with the statements will be prepared and circu- State Program as well to assure that they passage of the legislation (Senate Report 92- lated by NOAA as an integral part of the axe consistent with national Policies de- 753 and House Report 92-1049). It is clear P from these reports that Congress Atended review and approval process for State clared in Section 303 of the Act. for ap- management programs to be comprehensive coastal zone management programs pur- (b) Each Program submitted and that a State must consider all subject suant to the National Environmental Proval shall contain a statement of prob- areas which are pertinent to the particular Policy Act (Pub. L. 91-190, 42 USC 4321 lems and issues, and objectives and poli- circumstances which prevail In the State. A et seq) and its Implementing regulations. cies. The statements shall address: comprehensive program should have con- The Administrator of NOtLA will circu- (1) Major problems and issues both sidered at least the following representative late an environmental Impact statement within and affecting the State's @oastal elements: zone; 1 (1) Present laws, regulations, and appli- prepared primarily on the basis of an en- -Objectives to be attaine cable programs for attainment f air and vironmental impact assessment and other (2) d in inter- water quality standards, on I-and and water relevant data submitted by the individual agency and intergovernmental coopera- uses, and on environmental management by applicant States. tion, coordination and institutional ar- all levels of government; rangements; and enhancing manage- (2) Present owmership, patterns of the land Subpart B--4-and and Water Uses. ment capability involving issues and and. water resources, Including adn3dnistra- � 923-10 General. Problein identification, conflict resolu- tion of publicly owned propertMe. (3) Present populations and futirre trends, (a) This subpart deals with land and tion, regulation and administrative effi- including assessments of the Impact of pop- Water uses in the coastal zone which are ciency at the State and local level; ulation growth on the coastal zone and es- subject to the management program. (3) Objectives of the program In pres- tuarine envIronmefits: (b) In order to provide a relatively ervation, protection, development, resto- (4) "Present uses, known proposals for simple framework upon which discus- ration and enhancement of the State's changes and long-term requirements of the sion of the specific requirements asso- coastal zone; coastal zone-, (5) Energy generation and transmission; ciated with this subpart. may proceed, (4) Policies for the protection and con- it may be helpful to categorize the vari- servation (6) Estuarine habitats of f1sh, shellfish and of coastal zone natural sys- wildlife; ous types of land and water uses which tems, cultural, historic and scenic areas, (7) Industrial needs; the Act envisions. renewable and non-renewable resources, (8) Housing requirements; (1) The statutory definition of the and the Preservation, restoration and (9) Recreation, including beaches, parks, landward portion of thb coastal zone economic development of selected Coastal wildlife preserves, sport fishing, swimming states that it "extends inland from the zone areas. and pleasure boating; shorelines only to the extent necessary (c) The Secretary will review the (10) Open space, including educational and natural preserves, scenic beauty and to control shorelands, the uses of which management program for the adequacy public access, both visuaJ and phygi@ja ' to have a direct and significant Impact on of State Procedures utilized In Its devel- coastlines and coastal estuarine areas; the coastal waters." Thus, the coastal opment and will consider the extent to (11) Mineral resources requirements; zone will Include those lands and only which Its various elements have been (12) Transportation and navigation needs; those lands where any existing, pro- Integrated into a balanced and compre- (13) Floods and flood damage prevention, Jected or potential use will have a "di- hensive program designed to achieve the erosion (including the effect of tides and cur- rect and significant Impact on the coastal rents upon beaches and other shoreline above objectives and policies. areas), land stability, climatology and . me- waters." Any such use will be subject to Comment. Evaluation of the statutory re- te0l`0109Y, the terms of the marseement program, quirements. established in this subpart will (14) Communication facilities; pursuant to Section 305(b) (2). concentrate prim Ily upon the adequacy of (15) Commercial fishing; and (2) There ma,v well be uses of certain State processes In dealing with key coastal (16) Requirements for protecting water lands included within the coastaJ zone problems and issues. It will not, in general, quality and other important natural re- which will not have such "direct and sig- deal with the wisdom of specific land and sources. nificant Imnact.11 Such uses may be sub- water use decisions, but rather with a deter- The list of considerations is not meant to be ject to regulation by local units of gov- mination that in addressing those problems exclusive, nor does it mean that each con. ernment within the framework of the and issues, the State Is aware of the full sideration must be given equal weight. state management progmm. range of present and potential needs and Initiative to determine other relevant factors (3) The Act also reoutres that man- uses of the coastal zone, and has developed and consider them in the program is essen- procedures, based upon scientific knowledge, tial to the management of the coastal zone agement Drograms contain 9, method of _public participation and unified govern- as envisioned by Congress. assuring that local land and water use mental policies, for making reasoned choices In assessing programs submitted for ap- regulations within the coastal zone do and decisions. proval, the Secretary, In consultation with not unreasonably restrict or exclude Management programs will be evaluated in other concerned Federal agencies, will ex- the light of the Congressional Andings and amine such program to determine that the land and water uses of regional beneftt.11 policies as contained in Sections 802 and 308 full range of public problems and Issues af- This requirement is described more fully of the Act. These sections make it clear that fecting the coastal zone have been Identified in � 923.17. FEDERAL REGISTER, VOL. 40, NO. 6-THURSDAY, JANUARY 9, 1975 1686 RULES AND REGULATIONS (c) As part of the State's manage- the Act regardless of whether those uses (3) A State's coastal zone must in- ment program, It must address and ex- are found, upon analysis, to be "per- clude transitional and intertidal areas, ercise authority over the following: missible." The coastal zone must Include salt marshes, wetlands and beaches. (1) Land and water uses which have within it those lands which have any Hence the boundary determination pro- a direct and signiftcant impact upon existing, projected or potential uses cedure must include a method of identi- copstal waters. These uses are described which have a direct and significant im- fying such coastal features. In no case. more fully in � 923.12. pact upon the coastal waters and over however, will a State's landward coastal (2) Areas of particular concern. Sec- which the terms of the management zone boundary include only such areas tion 305(b) (3) specifies that the man- program will be exercised. In some in the absence of application of the pro- agement program include an inventory States, existing regulations controlling cedure called for herein or In � 923.43. and designation of areas of particular shoreland uses apply only in a strip of (4) Since the coAstal zone excludes concern within the coastal-zone. Section land of uniform depth (e.g. 250 feet, lands the use of which is by law subject 923.13 deals more thoroughly with this 1,000 yards, etc.) behind the shoreline. solely to the,discretion of, or which is statutory requirement. Such areas must Such a boundary will be acceptable if held in trust by the Federal government, be considered of Statewide concern and It approximates a boundary developed itg officers and agents, the coastal zone must be addressed in the management according to the procedure outlined boundary must Identify such lands which program. above and extends Inland sufficiently for are excluded from the coastal zone. In (3) Siting of facilities necessary to the management program to control order to complete this requirement, the meet requirements which are other than lands the uses of which have a direct State should indicate those Federally local in nature. The management pro- and significant impact upon coastal owned lands, or lands held in trust by the gram must take "adequate consideration waters. States may wish, for administra- Federal government, and over which the of the national interest involved in the tive convenience, to designate political State does not exercise jurisdiction Fts to siting of facilities necessary to meet re- boundaries, cultural features, property use. In the event that a State falls to cluirements which are other than local lines or existing designated planning and identify lands held by an agency of the In nature" (Section 306(c) (8)). This re- environmental control areas, as bound- Federal government as excluded lands, quirement is more fully discussed in aries oi the coastal zone. While the See- and the agency, after review of the pro- � 923.15. . retary will take into account the desir- gram under Section 307(b), Is of the � 923.11 Boundaries of the coastal zone. ability of Identifying a coastal zone opinion that such lands should be ex- which is easily regulated as a whole, the cluded, the disagreement will be subject (a) Requirement. In order to fulfill selection of the boundaries of the coastal to the mediation process set forth in said the requirement contained in Section 305 zone must bear a reasonable relation- section. (b) (1), the management program must ship to the statutory requirement. Noth- show evidence that the State has devel- Ing in this part shall preclude a State � 923.12 Permissible land and water oped and applied a procedure for iden- from exercising the terms of the man- uses. tifying the boundary of the State's agement program in a landward area (a) Requirement. In order to fulfill coastal zone meeting the statutory defi- more extensive than the coastal zone the requirements c iontained in Section nition of the coastal zone contained in called for in this part. If such a course 305(b)(2), the management must show Section 304(a). At a minimum this pro- is selected, the boundaries of the coastal evidence that the State has developed cedure should result in: zone must nevertheless be identified as and applied a procedure for defining (1) A determination of the inland above and the provisions of the Act will "permissible land and water uses within boundary required to control. through be exercised only in the defined coastal the coastal zone which have a direct and the management program, shorelands zone, It should be bome in mind that the significant impact upon the coastal wa- the uses of which have direct and sig- boundary should include lands and ters," which includes, at a minimum: nificant impacts upon coastal waters, waters which are subject to the manage- (1) a method for relating various spe- (2) A determination of the extent of ment program. This means that the cifle land and water uses to Impact upon the territorial sea, or where applicable. policies objectives and controls called coastal waters, including utilization of of State waters in the Great LEikes, for in tiie management program must be an operational definition of "direct and (3) An identification of transitional capable of - being applied consistently significant impact." and intertidal areas, salt marshes, wet- within the area. The area must not be so ' (2) an inventory of natural and man- lands and beaches, extensive that a fair application of the made coastal resources, (4) An identification of all Federally management program becomes difficult (3) an analysis or establishment of owned lands, or lands which are held in or capricious, nor so limited that lands a method for analysis of the capability trust by the Federal government, ifs of- strongly influenced by coastal waters and suitability for each type of resource ficers and agents in the coastal zone and and over which the management pro- and application to existing, projected or over which a State does not exercise any gram should reasonably apply, are potential uses. control as to use. excluded. (4) an analysis or establishment of a (b) Comment. Statutory citation: Sec- (2) Inasmuch as the seaward bound- method for analysis of the environmen- tion 305 (b) (1) : ary of the coastal zone is established in tal impact of reasonable resource utili- Such management program shall include the Act, the States will be required to zations. an identification of the boundaries of utilize the statutory boundary, I.e. in the (b) Comment. Statutory citation: section 305 (b) (2) : tb: Lastal zone subject to the management Great Lakes, the international bound- such management program shall include programs. ary between the United States and Can- hall constitute ada, and elsewhere the outer limits of the a definition of what s Useful background information con- United States territorial sea. At present, permissible land and water uses within the cerning this requirement appears in Part this limit is three nautical miles from the coastal zone which have a direct and Big- 920.11, which is incorporated into this appropriate bFiselines recognized by in- nificant impact upon the coastal waters. part by reference. ternational law and defined precisely by Useful background information concern- (1) The key to successful completion the United States. In the event of a stat- ing this requirement appears in 15 CFR of, this requirement lies in the develop- utory change in the boundary of the ter- 920.12, which is incorporated into this ment and use of a procedure designed to ritorial sea, the question of whether a part by reference. Completion of this re- Identify the landward extent of the corresponding change in coastal zone quirement should be divided into two coastal zone. Included in this procedure boundaries must be made, or will be distinct elements: a determination of must be a method for determining those made by operation of law, will depend on those land and water uses having a di- 11shorelands, the uses of which have a the specific terms of the statutory change rect and significant impact upon coastal direct and significant impact upon the and cannot be resolved in advance. In waters, and an identification of such coastal waters." These uses shall be con- the waters of Lake Michigan, the bound- uses which the State deems permissible. sidered the same as the "land and water uses" described in � 923.12, reflecting the ary shall extend to the recognized bound- (1) Section 305(b) (4). In Identifying requirements of Section 305(b) (2) of aries with adjacent States. those uses which have a "direct and sig- K-MrAL KGISTER, VOL. 40, NO. 6-THURSDAY, JANUARY 9, 1975 RULES AND REGULATIONS 1687 nificant impact," the State should define surrounding resource utill"on' and Useful background information concern- thAt phrase in operational terms that which will have a tolerable impact Ing the requirement appears in 15 CPR can be applied uniformly and *consist- upon the environment. These analyses, 920-13, which is Incorporated here by ently, and should develop a method for In part, will be provided through exist- reference. It should be emphasized that relating various uses to Impacts upon Ing information on environmental pro- the basic purpose of inventorying and coastal waterse Existing, projected and tection programs, and should be sup- designating areas of particular concern Potential uses should- be analyzed as to plemented to the extent necessary for within the coastal zone Is to express some the level and extent of their impact, be determining the relationship between measure of Statewide concern about It adverse, benign or beneficial, intra- land uses and environmental quality. them and to include them within the state or interstate. These impacts should Where a State prohibits a use within purview of the management program. then be assessed to determine whether the coastal zone, or a portion thereof, it Therefore, particular attention In re- they meet the definition of "direct and should Identify the reasons for the pro- viewing the management program will-be significant impact upon coastal waters." hibition, citing evidence developed In directed toward development by the State (These are the ones by which the bound- the above analyses. It should be pointed of implementing policies or actions to aries of the coastal zone are defined.) out that uses which may have a direct manage the designated areas of particu- Those uses meeting that definition are and - significant impact on coastal lar concern. automatically subject to control by the waters when conducted close to the � 923.14 Guidelines on priority of uses. management program. shoreline may nut have a direct and (2) In determining which land and significant Impact when conducted (a) Requirement. The management water uses may be deemed permissible, further Inland. Similarly, uses which program shall include broad policies or a State should develop a method for as-' may be permissible in a highly Indus- guidelines governing the relative priori- suring that such decisions are made in trialized area may not be permissible In ties which will be accorded in particular an objective manner, based upon evalua- a pristine msrshland. Accordingly, the areas to at least those permissible land tion of the best available information definition may also be correlated with and water uses identified pursuant to concerning land and water capability and the nature (including current uses) and 1923.12. The priorities will be based upon suitability. This method should inqlude location of the land on which the use is an analysis of State and local needs as at a minimum: to take place. The analyses which the well as the effect of the uses on the area. (I) An inventory of significant natural State will undertake pursuant to this Uses of lowest priority will be specifically and man-made coastal resources, includ- section should also be useful in satisfy- stated for each type of area. Ing but not Ing the requirements.of 1923.13 through (b) Comment. Statutory citation: Sec- limited to, shorelands, � 923.17. tion 305 (b) (5) beaches, dunes, wetlands, uplands, bar- rier islands, waters, bays, estuaries, har- '� 923.13 Areas of particular concern. Such management program shall in- bors and their associated facilities. This clude 0 0 " broad guidelines on priority of (a) Requirement. In order to fulfill the uses in particular areas, including specifically should not be construed as requiring requirements contained in Section 305 those use of lowest priority. long-term, continuing research and base- (b) (3), the management program must line studies, but rather as providing the show evidence that theState has made As pointed out In 15 CPR 920.15, the basic information and data critical to an inventory and designation of axeas priority guidelines will set forth -the successful completion of a number of re- of particular concern within the coastal degree of State interest in the preserva- 'quired management Program elements. zone. Such designations shall be based tion, conservation and orderly develop- States are encouraged, however, to con- upon a review of natural -and man-made ment of specific areas including at least tinue research and studies as necessary coastal zone resources and uses, and those areas of particular concern identi- to detect early warnings of changes to upon - consideration of State-established fied In 1923.13 within the coastal zone, coastal zone resources. It is recognized criteria which include, at a iininium, and thus provide the basis for regulating that in some States a complete and de- those factors contained in 15 CF land and water uses in the coastal zone, tailed inventory of such resources may namely: R 920.13, as well as a common reference point for be expensive and time consuming in re- (1) Areas of unique, scarce, fragile or resolving conflicts. Such priority guide- lation to the value of information vulnerable natural habitat, physical fea- lines will be the core of a. successful gathered in the development of the man- ture, historical significance, cultural management Program since they will agement Program. Much information, of value and scenic importance- Provide a framework within which the course, already exists and should be in- (2) Areas of high natural' productiv- State, its agencies, local governments tegrated into the inventory. The Secre- ity or essential habitat for living re- and regional bodies can deal with toxY. in reviewing this Particular sources, including fish, wildlife and the specific Proposals for development activ- requirement, will take into account the various trophic levels in the food web Ities in various areas of the coastal zone. nature and extent of the State's coast- critical to their wen-being; In order to develop such broad guidelines, line. the funding available and existing (3) Areas of substantial recreational the management program shall indicate data sources: value and/or opportunity; that a method has been developed and (it) An analysis or establishment of (4) Areas where developments and applied for (1) analyzing State needs a method for analysis of the capabil- facilities are dependent upon the utflba- which can be met most effectively and Ities of each resource for supporting tion of, or access to, coastal waters: efficiently through land and water uses various types of uses (including the (5) Areas of unique geologic or topo- in the Coastal zone, and (2) determining capability for sustained and undimin- graphic significance to industrial or com- the capability and suitability of meeting ished Yield of renewable resources), as mercial development; these needs in specific locations in the well as of the suitability for such re- (6) Areas of urban concentration coastal zone. In analyzing the States' source utilization when evaluated in where shoreline utilization and water needs. there shouIC be a determination Conjunction with other local, regional uses are highly competitive; made of those requirements and uses and State resources and uses. Resource (7) Areas of significant hazard If de- whiGh have Statewide, as opposed to Capability 5-1alYsis should include veloped, due to storms, slides, floods, ero- local, significance. Section 302(h) of the Physical, biological and cheaAcal param- sion, settlement, etc.; and Act states in part that land and water eters as necessary. (8) Areas needed to protect, maintain use programs for thO coastal zone should (III) An analysis or establishment of or replenish coastal lands or resources, include "unified policies, criteria, stand- a method for analysis of the Impact of Including coastal flood plains, aquifer re- ards, methods and processes for dealing various resource uses upon the natural charge aras, sand dunes, coral and other with land and water use decisions of environment (air, land and water). reefs, beaches, offshore sand deposits and more than local significance." The in- Based upon these analyses and appli- mangrove stands. ventory and analyses of coastal resources cable Federal, State and local policies (b) Comment. Statutory citation: See- and uses called for In 1923.12 will provide and standards, the State should define tion 305 (b) (3). the State with most of the basic data Permissible uses as those which can be Such management program shall Include needed to determine the specific loca- reasonably and safely supported by the - - 0 an inventory and designation of arms tions where coastal resources are resource, which are compatible with of particular concern within the coastal soM capable and suitable for meeting State- FEDERAL REGISTER, VOL. 40, NO. 6-THURSDAY, JANUAIRY 9, 1975 1688 RULES AND- REGULATIONS wide needs. In additlom, then analyses than one locality (generally, the lowest -can be supplied only through the use of should permit the State to determine unit of local, general-purpose govern- facilities in the coastal zone In order Possible constraints on development ment, excluding sitUations'such as With to make reasonable provision for such which may be applied by particular uses, cities and counties which exercise con- facilities In light of the sin and popu- The Program should establish special current jurisdiction for the same geo- lation of the State, the length and char- procedures for evaluating land use Oct- graphic areas). In order to-provide as- acteristics of its coast and the contribu- sions, such as the siting of regional sistance toL the States In completing- this tion such State Is already making to energy facilities, which may have & sub- requirement a listing Is presented below regional and nat *tonal needs. This will stantial impact on the environment. In which Identifies those requirements require the State to enter Into discus- such cases, the program should make which are both (1) other than local In slons with appropriate Federal agencies provision for the consideration of &van- nature, and (2) possess siting character- and agencies of other States In the re- able alternative sites which will serve the istics in which, in the opinion of the gion, a process which should begin early need with a minimum adverse impect, Secretary, there may be a clear national in the development of the management The identifying and ordering of use pri- interest. For each such need, there is a program so that the full dimensions of orities in specift coastal areas should listing of associated facilities. In addi- the national In&erest may be considered lead to the development and adoption of tion. the principal cognizant Federal as the State develops Its program State policies or guidelines on land and agencies concerned with these facilities Q 923.31 and 1923.32). The management water use in the coastal zone. Such pol- are also listed. This list must not be Lcon- program should make reference to the Icies or guidelines should be part of the Bidered. inclusive, but the State should views of cognizant Federal agencies as maiiagement program as submitted by consider each requirement and facility to how these national needs may be met the State and should be consistent with type in the development of its manage- in the coastal zone of that particular the State's specified management pro- ment program. Consideration of these State. States should actively seek such gram objectives. Particular allention requirements and facilities need not be guidance from these Federal agencies, should be given by the State to applying seen as a separate and distinct element particularly in view of the fact that all these guidelines on use priorities within of the management program, and the management programs will be reviewed those "arms of particular concern" des. listing is provided to assure that the with the opportunity for full comment ignated pursuant to � 923.13. In addl. siting of such facilities is'not overlooked by all affected Federal agencies prior to tion, States shall Indicate within the or ignored. As part of Its determination approval. It is recognized that Federal management program uses of lowest of permissible uses in the coastal zone agencies will differ markedly in their priority in Particular areas, including (1923.12), as well as of priority of uses abilities to articulate policies regarding guidelines associated with such uses. (1923.14), the State will have developed utilization of Individual State's coastal 923.15 National interest in the siting a procedure for inventorying coastal re- zones. NOAA's Office of Coastal Zone of facilities. sources and identifying their existing or Management will encourage Federal .potential utilization for various purposes agencies to develop policy statements re- (a) Requirement. A management pro- based upon capability, suitability and garding their perception of the national gram which Integrates (through develop- impact analyses. The process for re;. Interest in the coastal zone and make ment of a body of information relating sponding to the requirements of Section these available to the States. The States to the national interest Involved in such 306(c) (8) should be identical to. and should also consult with adjacent and siting through consultation with cogni- part of, the same procedure. 14o separate nearby States which Share similar or zant Federal and regional bodies, as well national interest "test" need be applied common coastal resources*or with re- as adjacent and nearby States) the siting and submitted other than evidence that gional Interstate bodies to determine how of facilities meeting requirements which the listed national interest facilities have regional needs may be met in siting fa- are of greater than local concern into been considered In a manner similar to cilities. Specific arrangements of "trade- the determination of uses and areas of all other uses, and that appropriate con- offs" of coastal resource utilization Statewide concern, will meet the re- sultation with the Federal agencies listed should be documented with appropriate quirements of Section 306(c) (8). has been conducted. As a preliminary to supporting *v1dence. The importance of (b) Comment. Statutory citation: Sec- adequate consideration of the na- this type of Interstate consultation and tion 306 (c) (8) : . tional interest, the State must determine cooperation in planning cannot be over- Prior to granting approval of a manage- the needs for such facilities. Manage- emphasized for it offers the States the ment program submitted by a coastal state, ment programs must recognize the need opportunity of resolving significant na- the Secretary shall find that * * * the man- of local as well as regional and national tionid problems on a regional scale with- agement program provides for adequate con- sideration of the national interest involved Populations for goods and services which out Federal Intervention. In the siting of facilities necessary to meet Petluiremenh whict are amer than food in nature and in the 89W of which There may be a dear national Interest (with requirements which are other than local in usociated fi2caities and cogniza"I Feilenzl a0encies) nature. This policy requirement is intended to Requirements Associated facilities Cognizant Federal Agencies assure that national concerns over fa- cility siting are expressed and dealt with I. E" production and transmis- Oil and gas wells; storage and distd- Federal Energy Administration, 0 button facilities; refineries; nu. Federal Power Commission. Bu In the development and implementation clear. conventional, and hydr-3- re. of lAnd management, Atomic of State coastal zone management pro-@ electric powerplants; deepwatiX Energy commission. maritime Ad- grams. The'requirement should not be ports. ministration, Geological Survey, Department of Transportation, construed as compelling the States to Corps of Engineers. propose a program which accommodates L Recreation (of an interstate nature).. National seashores, parks, foren National Park Service, Forest Serv- lame and Outstanding beaches am, ice, Bureau of Outdoor Recreation. certain types of f acilities, but to assure recreational waterftnta; wildlife that such national concerns are included reserves. & interstate transportation ------------ nterstate highways, airports, altis Federal ITIghway Administration, at an early stage in the State's planning to navigation; ports and harbors, Federal Aviation Administration, activities and that such facilities not be railroads. Coast Guard, Corips of, Engineers, Maritime Adm n stre on, Inter- arbitrarily excluded or unreasonably re- state Commerce Commission. stricted In the management program C Production of food and fiber -------- Prime agricultural land and facili. Boll Conservation Service, Forest without good and sufficient reasons. It ties; rorests; mariculture facilities; Service, Fish and Wildlife Service, fisheries. National marine Fisheries Service. is recognized that there may or may not 5. Preservation of life and property ---- Flood and storm protection factil- Corps of Engineers, Federal Insur- be a national interest associated with ties; disaster warning facilities. ance Administration, NOAA, Boil Conservation Service. the siting of facilities necessary to meet L National defense and aerospace ...... Military installations; defense man- Department of Defense, NASA. requirements which are other than local ufacturing facilities; aerospace in nature. Requirements which are other launching and tmeking facilities. 7 Historic cultural, esthede and con- Historic sites; natural areas; areas of National Register of Historic Places than local in nature shall be considered servi-dan values. uni(lue cultural significance; wild- National Park Service. Fish ana life refuges; areas of species end Wildlife Service, National Marine those requirements which. when ful- habitat preservation. Fisheries Service. ftlled, result in the establishment of fa- L Mineral - -------------------- Mtne,al extraction facilities needed Bureau of Mines, Geological Survey. cilities designed clearly to serve more a directi) support activity. FEDERAL REGISTER, VOL 40, NO. 6-THURSDAY, JANUARY 9, 1975 'RULES AND REGULATIONS 1689 10 923.16 Area desirra*w 1W ""w7w smauds Ima and water uses of regional the State has Identifted a means for con- tion and restoration. L trolling each permissible land and water W Reauti4ment. In order to fulfln the -Tbin rmd. ent to intended to prevent use specified in 1923.12. and for preclud- requirement contained In 9"on 306(c) local land and *ater use decisions from Ing land and water uses in the coastal (9), the management program must show wbitrwily excluding certain land and 2011e which are not permissible. The evidence that the State has developed water uses which are deemed of Impor- management program should contain a and applied standards and criteria for tance to more than a single unit. of local list of relevant constitutional provisions, the designation of-areas of conservation, government. For the purposes of this re- legislative enactments, regulations, Judi- recreational, ecological or esthetic values Quirement, a use of regional benefit will cial decisions and other appropriate offi- for the purpose of preserving and rewtor- be one which provides services or other cial documents or actions which estab- Ing them. benefits to citizens of more than one unit Ush the legal basis for such controls, as (b) Comment; Statutory citation: Sec- of local, general-purpose government well as documentation by the Governor tion 306(c) (9): (excluding situations such as in cities or his designated legal officer that the Prior to 'granting approval of a manage- and counties which exercise jurisdiction State actually has and is prepared to im- ment program submitted by a coastal State, over the same geographic areas). In plement the authorities, including those the Secretary shall find that the m.n- order to assure that arbitrary exclusion contained in Section 306(di, required to agement program makes provision for pro- does not occur, the State must first implement the objectives, policies and cedures Whereby specific areas may be desig- IdentAfy those uses which It perceives individual components of the program. nated for the purpose of preserving or will affect or produce mme regional (b) Comment. Statutory citation: restoring them for their conservation, recre- benefit. This designation would normally Section 305 (b) (4) : ation, ecological or esthetic values. be derived from the inventory and anal- Such management program shall Include . (1) This requirement Is closely linked Ysis of the uses contained in � 923.12. In 0 0 0 an Identification of the means by to that contained In 1923.13, dealing with any event. however, these uses should which the State proposes to exert control designation of areas of particular con- include those contained In the table of over the land and water uses refeired to in cern. Unless the State can make a com- 1923.15. In -addition, the State may paragraph (2) of this -subsection, including a pelling case to the contrary. all areas determine that certain land and -water listing of relevant constitutional provisions, designated according tg the methods uses may be of regional benefit under legislative enactments, regulations and Judi- called for in this part shall also be con- certain sets of circumstances; the State cial decisions: sidered as areas ol particular concern. should then establish standards and Statutory citation: Section 306 (c) (7) (2) This requirement is reasonably criteria for detern-dning when such con- Prior to granting approval of a manage- self-explanatory. The State must de- ditionS exisU There should be no blanket ment program submitted by a coastal State, velop procedures for the designation of exclusion or restrictions of these uses In the Secretary shall find that 0 0 0 the areas wfth certain characteristics. The areas of the coastal zone by local regu- state has the authorities necessary to im- State. in doing so, must: lation unless it can be shown that the plement the program, Including the author- (I) Establish standards and criteria for exclusion or restriction is based upon ity required under subsection (d) of this the possible designation of coastal areas reasonable considerations of the suit- section. Intended for preservation or restoration ability of, the area for the uses or the Useful information concerning this 're- because of their conservation, recrea- carrying capacity of the area. The re- quirement appears in 15 CPR- 920.14, tional, ecological or esthetic values, and Quirement of this section does not ex- which Is incorporated into this part by QD Apply those standards and criteria clude the possibility that In specific areas reference. The key words in this require- to the State's coastal resources. (In this, certain uses of regional benefit may be ment are, "to exert. control over the the inventory associated with the re- prohibited. However, such exclusions land and water uses." This reflects the quirement of J 923.13 will be most help- may not be capricious. The method by Congressional finding that the "key to ful.) which the management program will more effective Protection and use of the (3) The requirement of the statute assure that such unreasonable restric- land and water resources of the coastal goes to the Procedures rather than sub- tions or exclusion not occur in local land zone is to encourage the States to exer- stance; the fact that a State may be and-water use decisions will, of course, cise their full authority over the lands unable to move rapidly ahead with a be UP to the State, but it should Include and waters In the coastal zone * 0 *." program of preservation or restoration the Preparation of standards and criteria It is not the intent of this part to specify will not prevent the frogram from being relating to Ststte interpretation of "Un- for the,States the 'means" of control: approved. The State should also rank in reasonable restriction or exclusion", as this Is a State responsibility. The State order of relative priority areas of its well as the establishment of a continuing must, however, describe in the manage- coastal zone which have been designated mechanisms for such determination. ment program its rationale for develop- for the Purposes set forth In this section. Subpart C-Authorities and Organization ing and deciding UWn such "means." As funds become available, such a rank- � 923.20 General. The "means" must be capable of actually Ing will provide a set of priorities for Implementing the objectives, policies selecting areas to be preserved or re- This subpart deals with requirements and individual components of the man- stored. that the State possess necessary authori- agement program. As such, requirements 923.17 Local regulations and uses of ties to control land and water uses and shall be reviewed in close conjunction regional henefit. that it be organized to implement the with 1923.24, 923.25 and � 923.26, relat- management. It should be emphasized ing to actual authorities which the Statc@ (a) Requirement. In order to fulfill that before final approval of a coastal must Possess. The management program the requirement contained In Section zone management program can be given should also indicate those specific land 306(e) (2), the management program by the Secretary of Commerce, the au- and water uses over which authorit;3@1 must show evidence that the State has thorities and organizational structure jurisdiction or control will be exercised deviloped and applied a method for de- called for in the management program concurrently by both State and Federal termining uses of regional benefit. and must be in place. Preliminary approval, agencies, Particularly those uses aff ecting that It has established a method -for as- however, can be given to a proposal water resources, submerged lands and wing that local land and water use which will require subsequent legislative navigable waters. The management pro- controls In the coastal zone do not un- or executive action for implementation gram must provide for control of land reasonably or arbitrarily restrict or ex- and eligibility for administrtAive grants and water uses in the coastal zone, al- clude those uses of regional benefit. under Section 306. though the exercise of control may t e (b) Comment. Statutory citation: Sec- vested in, or delegated to, various ager.- tion 306 (e) (2) � 923.21 Means of exerting State control over land and water uses. cies or local government. As part of th3 approval of a management program, the Prim to granting approval, the Secretary (a). Requirement. In order to fulfill Secretary must find that the means for shall also and that the program provides 0 0 0 for a method of assuring that local the requirements contained In Sections controlling land and water uses identi- land and water use regulations Within the 305 (b) (4) and 306 (c) (7), the manage- fied in � 923.21 are established and in coastal sone do not unreasonably restrict or ment program must show evidence that place, and that the means include the FEDERAL REGISTER, VOL 40, NO. 6-THURSDAY, JANUARY 9, 1975 1690 RULES AND REGULATIONS authorities contained in � 923.24 and the Act. Review of the management pro- and to resolve 00nalcts among competing � 923.25. This finding will be based -upon gram for compliance with this require- documentation by the Governor of the ment will be undertaken as a single re- This requirement shall be reviewed in coastal State or his designated legal offi- view with review of the requirements close conjunction with that of �� 923.21, cer that the State possesses and is pre- contained in � 923-31, full participation 923.25 and 1923.26, dealing with author- pared to implement the requisite au- by interested bodies in adoption of man- ities which the State's organizational thorities. agement programs, and � 923.23, desig- structure must Possess in order to ensure � 923.22 Organizational structure to im- nation of a single State agency. Implementatim of @he management pro- plement the management program. � 923.23 Designation of a single agency. gram. The language of this requirement makes it clear that the State may choose (a) Requirement. In order to fulfill the (a) Requirement. In order to fulfill the to administer its program using. a va- requirement contained in Section 305 (b) requirement of Section 306(c) (5), the riety of levils of governments and agen- (6), the management program must con- management program must contain ap- cies, but that if it does, the State must tain a description of how the State is or- propriate documentation that the Gov- have available to it the authorities spec- ganized to implement the authorities ernor of the coastal State has designated ified. identified in � 923.21. in addition, the a single agency to be responsible for re- management Program must contain a ceiving and atlininistering grants under � 932.25 Authorities for property acqui- certification by the Governor of the Section 306 for implementing an ap- sition. State or his designated legal officer that proved management program. (a) Requirement. The management the State has established. its organiza- (b) Cmnment. Statutory citation: Sec- program shall contain documentation tional structure to implement the man- tion 306 (c) (5) : by the Governor or his designated legal agement program. Prior to granting approval of a manage- officer that the agency or agencies, in- (b) Comment. Statutory citation: Sec- ment program submitted by a eosstial State, cluding local governments, areawide tion 305 (b) (6) : the Secretary shall find that 0 * 0 the Gov- agencies, regional or Interstate agen- Such management program shall -in- ernor of the State has designated a single cies, responsible for implementation of clude * * * a description of the organizational agency to receive and administer the grants the management program have available structure proposed to implement the man- for implementing the management program the power to acquire fee simple and less agement program, including.the responsi- required under paragraph (1) of this subsec- tion. tharx fee simple interests in lands, waters bilitles and interrelationships of local, area- and other property through condemna- wide, State, regional and interstate agencies This requirement is closely related to tion or other means where necessary to in the ma ,nagemenV process. that contained in � 923.22, relating to a achieve conformance with the manage- Statutory citation: Section 306 (c) (6) description of the organizational struc- ment program. Where the power in- Prior to granting approval of a manage- ture which will implement the manage- cludes condemnation, the State shall so ment program submitted by a coastal -State, ment program. While this requirement is indicate. Where the power includes other the Secretary shall find that 0 0 * the State self-explanatory, it should be pointed out means, the State shall specifically iden- is organized to implement the management that States will undoubtedly come for- tify such means. program -required under paragraph (1) of this ward with a wide variety of organiza,- (b) Comment. Statutory citation: Sec- subsection. tional structures to implement approved tion 306 (d) (2) : Useful background information and management programs. Some win prob- I Prior to granting approval of the manage- guidance concerning this requirement ably be quite complex, utilizing a vaxiety ment program, the Secretary shall find that appears in 15 CFR 920.16, which Is in- of control techniques at a number of gcyv- the State, acting through Its chosen agency corporated into this part by reference. ernmental levels. Nothing in this paA or agencies, Including local governments, The legislative history of the Act makes should be construed as limiting the op- areawide agencies designated under Section it clear that the States should be ac- tions available to a State for implement- 204 of the Demonstration cities and Metro- corded maximum flexibility in organiz- ing its program. The purpose of the re- politan Development Act of 196e, regional Ing for implementation of their coastal quirement is simply to identify a single agencies or interstate agencies, has authority zone management programs. Thus, agency which will be fiscally and pro- for the management of the coastal zone in ovide an grammatically responsible for receiving accordance with the management program. neither the Act nor this part pr Such authority shall include power * * * to organizational model which must be fol- and administering the grants under Sec- quire fee simple and less than fee simple lowed. While individual State programs tion 306 to implement the approved man- ac may have a wide range of interstate, agement program. interests In lands, waters and other prop- erty through Condemnation or other means State, local or areawide agency roles to � 923.24 Authorities to administer land when necesswT to achieve conformance with play, the program will be reviewed closely and water uses, control development the management program 0 0 *. for assurance that it constitutes an or- and resolve conflicts. In most cases, it win not be necessary ganized and unified program. Consistent (a) Requirement. (1) The manage- to acquire fee simple ownership. Nor- with this principle, there must be a clear ment program must contain documenta- mally, appropriate use restrictions will point of responsibility for the program, tion by.the Governor or his designated be adequate to achieve conformance with although program implementation may legal officer that the agencies and gov- the program. In other cases, an ease- be undertaken by several State entities. ernments chosen by the State to admin- ment may be necessary to achieve con- In those cases, where a complex inter- ister the management program have the formance with the management pro- agency and intergovernmental process is authority to administer land and water gram. Where acquisition is necessary, established, the State must submit a de- regulations, control development in ac- this section contemplates acquisition by scription of roles and responsibilities of cordance with the management program condemnation or through other means. each of the participants and how such and to resolve use conflicts. However, the mere authority to acquire roles and responsibilities contribute to a (b) Comment. Statutory citation: Sec- an interest in lands or waters by pur- unified coastal zone management pro- tion 306(d) (1): chase from a willing vendor will not be gram. This description should be suf- Prior to granting approval of the manage- sufficient in cases where the acquisition ficiently detailed to demonstrate that a ment program, the Secretary shall find that of interests in real property is a neces- coherent program structure has been the State, acting through its chosen agency pr9posed bY the State and the State is or agencies, including local governme sary and integral part of the program. nts, In such cases, the power of condenma- prepared to act in accordance-with the areawide agencies designated under Section objectives of the management program. 201 of the Demonstration Cities and Metro- tion need be no broader than necessary Although the Act does not prescribe the politan Development Act of 1966, regional to achieve conformance with the pro- agencies, or Interstate agencies, has authority gram. For example, if a State's program creation of a central management agency for the management of the coastal zone In includes provisions expressly requiring at the State level, it envisions the accordance with the management program, creation of a coastal zone management Such authority shall Include power * - * to that power transmission lines and pipe- entity that has adequate legislative and/ administer land and water use regulations, lines be located in specified energy and or executive authority to implement the control development In order to ensure transportation corridors to minimize en- policies and requirements mandated in compliance with the management program vironmental Impact, and for State ac- FEDERAL REGISTER, VOL. 40, NO. 6-THURSDAY, JANUARY 9, 1975 RULES AND REGULATIONS 1691 quisition of such iramortation iorril. 'mefit plans, projects, or land and water sultation and cooperation with such dors. then :the State ,-should' have. the, regulations, Including exceptions and bodies has taken place and will continue, power to acquire corridors for such pur-* variances thereto. proposed by any State In the future. poses through condemnation.. It; is not or local authority or private developer, � 923.31 Faill participation by relevant nocessary that the power to acquire real, with powerto approve,or disapprove af- bodies in the adoption of manage- property be held by any one particular ter public notice and an opportunity for ment programs. agency involved in implementing the -hearings." This. option leaves the local management program. The - authority unit of government free to adopt zoning (a) Requirement, In order to fulfill the must, however, be held by one or more ordinances or regulations without State requirement contained in section 306(c) agencies or; local governments with a criteria and standards other than the (1), the management program must statutory responsibility to exercise the program Itself, but subjects certain ac- show evidence that: authority without undue delay when tions by the local unit of government to (1) The management program has necessary to achieve conformance with automatic State review, Including public been formally adopted in accordance the management program. notice and a hearing when requested by with State law or, in its absence, admin- a party. Such actions include: Istrative regulations, � 923.26 Techniques for control of land (2) The State has notified and pro- and water uses. (1) Adoption of land and water use . I regulations, ordinarily in the form of & vided an opportunity for full participa- (a) Requirement. The management zoning ordinance or regulation. tion in the development of its manage- Program must contain documentation by (ii) Granting of an exception or vari- ment program to all public and private the Governor or his designated legal of- ance to a zoning ordinance or regulation. agencies and organizations which are li- ficer that all existing, projected and po- (Iii) Approval of a development plan able to be affected by, or may have a tential land and water uses witlain the or project proposed by a private develop- direct interest in, the management pro- coastal zone may be controlled by any er. This may be defined to exclude ap- gram. The submission of the manage- one or a combination of the techniques Proval of minor projects, such as small ment Program shall be accompanied by a specified in Section 306(e) (1). residences or commercial establish- list, identifying the agencies and organi- (b) Comment. Statutory citation: ments. *r those which do not have a zations referred to in paragraph (a) (2) Section 306(e) (1) significant impact. of this section, the nature of their In- (4) It should be noted that State re- terest, and the opportunities afforded Prior to granting approval, the Secretary shall also find that the program provides view Is for consistency with the manage- such agencies and organizations to par- * * 0 for any one or a combination Of the ment program, not of the merits or of ticipate hi the development of the man- following general techniques for control of the facts on which the local decision is agement program. These organizations Land and water U$eS the COSSW based. should include those identified pursuant zone: (5) The State may choose to utilize to � 923.32, which have developed local, only one of the specified techniques, or areawide or interstate plans applicable (1) Section 306 (e) (1) (A) "State es- more than one, or a combination of them to an area within the coastal zone of the tablishment of criteria-and standards for local implementation, subject to admin- In different locations or at different State as of January 1 of the year in which Istrative review and enforcemen times. Within the parameters set forth the management program is submitted Pliance.@' This option requires t of corn- In the requirement, there is a large va- for approval; and the State riety of tools which the management (3) The management program will to establish general criteria and stand- Program could adopt for controlling land cam out the policies enumerated in sec- ards within the, framework of the coastal and water uses. The program should tion 303 of the Act. zone program for Implementation by Identify the techniques for control of (b) Comment. Statutory citation: Sec- local government. Such criteria and land and water uses which It intends to tion 306(c) (1): standards would provide for application of criteria and standards to specific local use for existing, projected and potential Prior to granting approval of a manage- conditions. Implementation by a local uses within the coastal zone, This re- ment program submitted by a coastal state, unit of government would consist of quirement will be reviewed In close con- the Secretary shall find that * 0 * (t) he State adoption of a suitable local zoning ordi- Junction with those contained in � 1923. has developed and adopted a management nance or regulation, and enforcement 21, 923.24 and 923.25, dealing with State program for its coastal zone in accordance authorities to implement the manage- with rules and regulations promulgated by on a continuing basis., Administrative ment program. the Secretary, after notice, and with the op. review at the State level requires pro- portunity of full participation by relevant vision for review of local ordinances and Subpart D--Coordination Fqderal agencies, State agencies, local gov- regulations -and local enforcement ac- ernments. regional organizations. port au- tivity for consistency with the criteria 923-30 L General. thorities, and other interested parties, pub- and standards as well as programs, not One Of the most critical aspects of the lic and private, which is adequate to carry ou specific cases on the merits. In development of State coastal zone man- ent with the policy declared in section 303 review of t the purposes of this title and Is consist- the event of deficiencies either in regu- agement programs will be the ability of of this title. lation or local enforcement, State en- the States to deal fully with the network forcement.of compliance would require of Public, quasi-public and Private bodies This requirement embodies the actual either appropriate changes in local reg- which can assist In the development approval by the Secretary of Commerce ulation or enforcement or direct State Process and which may be significantly of a State's coastal zone managemenot intervention. impacted by the implementation of the program pursuant to all of the terms (2) Section 306(e) (1) (B) "Direct ProgrSm. Each State will haveto.develop of the Act, Plus associated administrative State land and water use planning and its own methods for accommodating, as rules and regulations. As the operative regulation.- Under this option the State appropriate, the varying, often conflict- section, it subsumes all of the require- would become directly involved in the Ing interests of local governments, water ments included in this part, which shall establishment of detailed land and water and air Pollution control agencies, be considered the "rules and regulations regional agencies, other State agencies Promulgated by the Secretary" men- use regulations and would apply.these and bodies, interstate organizations, tioned in section 306(c) (1). The citation, regulations to individual. cases. Initial c determinations regarding land and water Ommissions and compacts, the Federal however, also Includes some specific ad- use in the coastal zone would be made government and interested private ditional requirements, for which guid- at the State level. This option . pre- bodies. It is the intent of these require- once and performance criteria are emPts the traditional role o nients for coordination with govern- necessary. These additional requirements f local gov- mental and private bodies to assure that include: ernment in the zoning Process involving lands or waters within'the coastal zone the State, in developing its,management (1) Adoption of the management pro- (3) Section 306(e) (1) (C) "Sta. ad' program; is aware of the full array of gram by the State. The management pro- 0 te interests represented by such organiza- gram must demonstrate that it repre- ministrative review f r consistency.' with tions, th t opportunity for Participation sents the official Policy and objectives of the management program of all develop- was. provide ,d, and that adequate con- the State. In general, this will require FEDERAL REGISTER, VOL. 40,-NO. 6-THURSDAY, JANUARY 9, 1975 1692 RULES AND REGULATIONS documentation in the management pro- (2) A listing of the specific contacts them, or which are commonly recognized gram that the State management entity made with all such entities In order to by the entity as aguide for action. The has formally adopted the management coordinate the management program list of relevant agencies required under program in accordance with either the with their plans, 923.31 Will be of use in meeting this rules and procedures established by (3) An identification of the conflicts requirement: It will enable the State to statute, or in the absence of such law, with those plans which have not been identify those entities mentioned in (A) administrative regulations. resolved through coordination, and con- which have such plans and to provide (2) Opportunity for full participation tinuing actions contemplated to attempt evidence that coordination with them by relevant Federal agencies, State agen- to resolve them, and has taken place. The process envisioned cies, local governments, regional orga- (4) Indication that a regular consul- should not only enable a State to avoid nizations, port authorities, and uther tive mechanism has been established and conflicts between its program and other interested parties, public and private. A is active, to undertake coordination be- plans applying within its coastal zone. major thrust of the Act is its concern for tween the single State agency designated but to draw upon the planning capabih- full participation and cooperation in the pursuant to � 923.23, and the entities in ties of a wide variety of local govern- development and implementation of paragraph (B) of Section 306(c) (2). merits and other agencies. In developin@ management programs by all interested (b) Comment. Statutory citation:. and implementing thbse portions of the and affected agencies, organizations and Section 306 (c) (2) program dealin- with power transmission individuals. This is specifically included I lines, pipelines, interstate transportation in the statement of national policy in 'Prior to granting approval of a manage- facilities and other facilities which will section 303(c). The State must provide ment program submitted by a coastal State, significantly impact oil neighboring the Secretary shall find that the State evidence that the listed agencies and has: States of a region, particuIar attention parties were, in fact. provided with an (A) Coordinated its program with local, should be paid to the requirements of thi:z opportunity for full participation. It will areawide and interstate plans applicable to section. be left to the States to dAermine the areas within the coastal zone existing on Subpart E--Miscellaneous method and form of such evidence, but January I of the year in which the State's it should contain at a minimum: management program is submitted to the � 923.44D General. (i) A listing. as comprehensive as pos- Secretary, which plans have been developed The requirements in this subpart do by a local government, an areawide agency sibIe, of all Federal and State agencies, designated pursuant to regulations estab- not fall readily into any of the above local governments, regional organiza- lished under section 204 of the Demonstra- categories but deal with several impor- tions, port authorities and public and tion Cities and Metropolitan Development tant elements of an approvable man- private organizations which are likely to Act of 1966, a regional agency, or an inter- agement program. They deal with public be affected by, or have a direct interest state agency; and hearings in development of the manage- in, the development and implementation (B) Established an effective miechanism ment program, gubernatorial review and for continuing consultation and coordina- of a management program (including tion between the management agency desig- approval, segmentation of State pro- those identified in � 923.32), and nated pursuant to paragraph (5) of this grams and applicability of water and (ii) A listing of the specific interests subsection and with local governments, air pollution control requirements. of such organizations in the development. Interstate agencies, . regional agencies and of the nianagement program, as well as areiwide agencies within the coastal zone to � 923.41 Public hearings. assure the full participation of such local (a) Requirements. In order to fulfill an identiflication of the efforts made to governments and agencies in earrying out the requirement contained in section involve such bodies in the development the purposes of this title." 306(c) (3), the management program process. Relevant background information on must show evidence that the State has (a) "Opportunity for full participa- this requirement appears in 15 CFR held public hearings during the devel- tion" is irtefloreted as requiring partici- 920.45(f), and is incorporated by refer- bpment of the management program pation at @ll appropriate stages of man- ence herein. While the State will exercise following not less than 30 days notifica- agement program development. The as- its authority over land and water uses of tion, that all documents associated with sistance which can be provided by these Statewide significance in the coastal zone the hearings are conveniently available public and private organizations can by one or more of the techniques set to the public for review and study at often be significant, and therefore con- forth in � 923.28, the State management least 30 days prior to the hearing, that tact with them should be viewed not program must be coordinated with exist- the hearings are held in places and at only as a requirement for approval, but ing plans applicable to portions of the times convenient to affected populations, as an opportunity for tapping available coastal zone. It should be noted that this that all citizens of the State have an sources of information for program de- section does not demand compliance of opportunity to comment on the total velopment. Early and continuing con- management program and that a report the State program with local plans but tact with these agencies and organiza- the process envisioned should ena@le a on each hearing be prepared and made tions is both desirable and necessary. In State not only to avoid conflicts and am- available to the public within 45 days. many cases it may be difficult or ImPOs- biguities among plans and proposals, but (b) Comment. Statutory citation: Sec- sible to identify all interested parties to draw upon the planning capabilities tion 306(c) (3), early in the development of the State's of a wide variety of governments and Prior to granting approval of a manage- program. However, the public hearing agencies. Coordination implies a high ment program submitted by a coastal state, requirement of � 923.41 should afford an degree of cooperation and consultation the Secretary. shall finct that * * * (t) he opportunity to participate to interested among agencies, as well as a mutual will- State has held public hearings on the de- persons and organizations whose interest ingness on the part of the participants velopi-neut of the ra.anagement program. was not initially noted. to accommodate their activities to the Extensive discussion and statements of (3) Consistency with the policy de- needs of the others in order to carry out policy regarding this requirement ap- clared in section 303 of the Act. In order the public interest. Perceptions of the pears in �� 920.30, 920.31 and 920.32, to facilitate this review, the State's man- public good will diff er and it is recognized which is incorporated herein by refer- agement program must indicate specifl- that not all real or potential conflicts can ence. cally how the program will can-j out the be resolved by this process. Nevertheless, � 923.42 Gubernatorial review and ap- policies enumerated in section 303. it is a necessary step. Effective coopera- proval. � 923.32 CA)n@ultation and coordination tion and consultation must continue as with other planning. the management program Is put into (a) Requirement. In order to fulfill the operation so that local governments, in- requirement contained in section 306(c) (a) Requirement. In order to fulfill the terstate, regional and areawide agencies (4), the management program must con- requirements contained in section 306(c) can continue to participate in the carry- tain a certification signed by the Gover- (2), the management program must in- clude: Ing out of the management program. The nor of the coastal State to the effect that (1) An identification of those entities "Pla ns" referred to in (A) shall be con- he has reviewed and approved the man- mentioned which have plans in effect on sidered those which have been officially agement program and any amendments January 1 of the year submitted, adopted by the entity which developed thereto. Certification may be omitted in FEDERAL REGISTER, VOL 40, NO. 6-THURSDAY, JANUARY 9, 1975 RULES AND REGULATIONS 1693 the case of a Program isubmitted for pro- ments of a management program. Re- -6 923.44 Applicability of air and water liminary approval. gional agenclao and local governments pollution control requirements. (b) Comment. Statutory citation: Sec- may play a large role In developing and (a) Requirement. In order to fulfl14 tion 306(c) (4): Carrying out Such -segmented programs. the requirements contained In Section Prior to granting approval of a manage- but there must be a continuing State 307(f) of the Act the management pro- ment program submitted by a coastal State, V010e throughout this Process. This State gram must be developed In close coordi- the Secretary shall find that 0 0 0 the man- involvement shall be expressed In the nation with the planning and regulatory agement program and any changes thereto flmt segment of the management pro- systems being implemented under the have been reviewed and approved by the gram In the form of evidence that (I) the Federal Water Pollution Control Act and Governor. boundaries of the coastal zone for the Clean Air Act, as amended, and be con- This requirement is self-explanatory. entire State have been defined (pursuant sistent with applicable State or Federal to � 923.11) and (it) there has been ade- water and air pollution control stand- � 923.43 Segmentation. quate consideration of the national in- ards in the coastal zone. Documentation (a) Requirement. If the State intends terest Involved in the siting Of facilities by the official or officials responsible for to develop and adopt its management necessary to meet requirements which State implementation of air and Water Program in two or more segments, it shall are Other than local in nature (pursuant pollution control activities that those re- advise the Secretary as early as prac- to � 923.15) for the State's entire Coast- quirements have been incorporated Into ticable stating the reasons why segmen- 91 zone. These requirements are de- the body Of the coastal zone management tation is appropriate and requesting his signed to.assure that the development of program should accompany submission approval. Each segment of a management % Statewide coastal zone management of the management program. Program developed by segments must program proceeds in an orderly fashion (b) Comment: Statutory citation: show evidence (1) that the state win -and that segmented program reflect ac- Section 307(f) : exercise policy control over each. of the curately the needs and capabilities of Notwithstanding any other provision of segmented management programs prior the State's entire coastal zone which are this title, nothing in this title shall in any to, and following their Integration into represented in that particular segment. way affect any requirement (1) established a complete State management program, (3) The Act's intent of encouraging by the Federal Water Pollution Control Act, such evidence to include completion of and assisting State governments to de- as amended, or the Clean Air Act, as amend- the requirements of � 923.11 (Boundaries velOp a comprehensive program for the ed, or (2) established by the Federal govern- of the coastal zone) and 1 923.1-5 (Na- control Of land and water uses In the ment, or any State or local government pur- tional interest in the siting of facilities) coastal zone is clear. This intent should suant to such Acts. Such requirements shall for the State's entire coastal zone, (2) therefore apply to segments as well, and be incorporated in any program developed pursuant to this title, and shall be the water that the segment submitted for approval segmented management program pollution control requirements and air pol- includes a geographic area on both sides should be comPrehensive in nature lution control requirements applicable to of the coastal land-water interface, and end deal with the relationship between such program. (3) that a timetable and budget have and among land and water uses. No ab- (1) The basic purpose of this require- been established for the timely complew- solute minimum or maximum geographic size limitations will be established for ment is to ensure that the management tion of the remaining segments or In does not conflict with the na- segment. the area of coverage of a segment. On PrOgra (b) Comment. Statutory citation, Sec- the one hand, segments should include tional and State policies, plans and regu- tion 306 (h) an area large enough to permit comPre- lations mandated by the Federal Water hensive analyses of the attributes and Pollution Control Act, as amended, and At the discretion of the State and with the Clean Air Act as amended. The pol- the approval of the Secretary. a manage- limitations of, coastal resources within Ictes and standards adopted pursuant to ment program may be developed and adopt- the segment of State needs for the util-L ecd in segments so that immediate attention ization or protection of these resources these Acts should be considered essential may be devoted to those areas within the and of the interrelationships of such util- baselines against which the overall man coastal zone which most urgently need man. izations. On the other' hand, it is not agement program is developed. This is a agement programs: ProvWd, That. the State contemplated that a segmented man- specific statutory requirement that re- adequately provides for the ultimate coordi- agement program will be developed sole- flects the overall coastal zone manage- nation of the various segments of the man- ly for the purpose of protecting or con- ment objective of unified state manage- agement program into a single, unified pro. ment of environmental laws, regulations gram, and that the unified program will be trolling a single coastal resource or use, and applicable standards. To this end, completed as soon as reasonably practica- however desirable that may be. ble. (4) One of the distinguishing features management programs should provide of. a coastal zone management program for continuing coordination and cooper- (1) This section of the Act reflects a is its recognition of the relationship be- ation with air and water programs dur- recognition that it may be desirable for t*ebn land uses and their effect upon Ing subsequent administration of the ap- a State to develop and adopt Its man- coastal waters, and vice versa. Segments proved management program. agement Program in segments rather should likewise recognize this relation- (2) There are also significant oppor- than all at once because of a relatively ship between land and water by includ- tunities for developing working relation- long coastline, developmental pressures ing at least the dividing line between ships between air and water quality or Public support in specific areas, or them, plus the lands or waters on either agencies and coastal zone management earlier regional management programs side which are mutually affected. In the programs. These opportunities include developed and adopted. It is important case of a segment which is predominafit- such activities as joint development of to note, however, that the Ultimate ob- ly land, the boundaries shall include Section 208 areawide waste treatment jective of segmentation is completion of those waters which are directly and sig- management planning and coastal zone a management program for the coastal nificantly Impacted by land uses in the management programs; consolidation zone of the entire State in a timely segment. Where the predominant part and/or incorporation of various plan- fashion. Segmentation is at the State's of the segment is water, the boundaries option, but requires the approval of the shall' Include the adjacent shorelands ning and regulatory elements into these Secretary. States should notify the Sec- strongly influenced by the waters, includ- closely related programs; coordination retary at as early a date as possible re- Ing at least transitional and inter-tidal of monitoring and evaluation activities; garding intention to prepare a manage- areas, salt marshes, wetlands and increased management attention being ment Program in segments. beaches (or similar such areas in Great accorded specifically to the @oastal (2) Continuing involvement at the Lake States). State as well as local level in the de- (5) Segmented management programs waters: consultation concerning tl1p de- velopment and implementation of seg- submitted for approval will be reviewed sirability of adjusting state water quality mented programs is. es sential. This em- and approved in exactly the same man- standards and criteria to complement Phasis on State Participation and CO- ner as programs for complete coastal coastal zone management policies; and ordination with the Program as a whole zones, utilizing the same approval cri- designation of areas of particular con- should be reflected in the individual seg- teria, plus those of this section. cern or priority uses. FEDERAL REGISTER, VOL 40, NO. 6--THURSDAY, JANUARY 9, 1975 1694 kluift'AND k9bULATi(*t Subpart F--.Applications for Administrative 923.53 Allocation. taneously with the distribution of the Grants Section 306M allow a State to W- preapplication form. 923.50 General. locste a Portion of Its admin' trative (c) Costs claimed as charges to the The Primary purpose of administrative grant to sub-state or multi-StAte entities grant project must be beneficial and grants made under section 306 of the Act if the work to result from the allocation necessary to the objectives of the grant is to assist the States to implement contributes. to the effective implgmenta- project. The allowability of costs will be coastal zone management program @ol- tion of the States approved coastal zone determined In accordance with the provi- lowing their approval by the Secretary of management program. The requirements sions of FMC 74-4. Administmtive grants Commerce. The Purpose of these guide- for Identifying such allocations are set made under section 306(a) of the Act lines is to define clearly the processes by forth In I 923.55(e). are clearly intended to assist the States which grantees apply for and administer � 923.54 Geographical segmentation. in administering their approved man- grants under the Act. These guidelines agement programs. Such intent precludes shall be used and interpreted in con- Authority is provided in the Act for a tasks and -_ related costs for long range junction with the Grants Management State's management program to be de- research and studies. Nevertheless it is Manual for Grants under the Coastal veloped and adopted in segments. Addi- recognized that the coastal zone and Its Zone Management Act, hereinafter re- tional criteria for the approval of a seg- management is a dynamic and evolving ferred to as the "Manual." This Manual mented management program are set process wherein experience may reveal contains procedures and guidelines for forth in Subpart E 1923-43. Application the need for specially focused, short-term the administration of all grants covered procedures for an administrative grant studies. leading to Improved management under the Coastal Zone Management to assist in administering an approved processes and techniques. The OCZM will Act of 1972. It has been designed as a segmented management program will be consider such tasks and their costs, based tool for grantees, although it addresses the same as set forth in this subpart for upon demonstrated need and expected the responsibilities of the National applications to -administer an approved contribution to more effective manage- Oceanic and Atmospheric Administra- management program for the entire ment programs. tion and Its Office of Coastal Zone Man- coastal zone of a State. (d) The Form CD-292, Application for agement, which is responsible for admin- � 923.55 Application for the initial ad- Federal Assistance (Non-Construction istering programs under the Act. The ministrative grant. Programs),. constitutes the formal appli- Manual incorporates a wide range of cation and must be submitted 60 days Federal requirements, Including those (a) The Form CD-288, Preapplica- prior to the desired grant beginning date. established by the Office of Management tion for Federal Assistance, required The application must be accompanied by and Budget, the General Services Ad. only for the initial grant, must be sub- evidence of compliance with A-95 re- ministration, the Department of the mitted 120 days prior to the beginning quirements Including the resolution of Treasury, the General Accounting Office date of the requested grant. The pre- any problems raised by the proposed and the Department of Commerce. In application shall include documentation, Project. The OCZM will not accept appll- addition to specific policy requirements signed by the Governor, designating the cations substantially deficient in adher- i of these agencies, the Manual includes State office, agency or entity to apply for ence to A-95 requirements. recommended policies and procedures for and administer the grant. Copies of the (e) The State's work program Imple- grantees to use In submitting a grant approved management program are not menting the approved management pro- application. Inclusion of recommended required. The preapplication form may gram is to be set forth In Part TV, Pro- policies and procedures for grantees does be submitted prior to the Secretary's gram Narrative, of the Form CD-292 and not limit the choice of grantees in select- approval of the applicant's management must describe the work to be accom- ing those most useful and applicable to program Provided, after consultation PItshed during the grant period. The local requirements and conditions. with OCZM, approval Is anticipated work program should Include: within 60 days of submittal- of the (1) An identification of those elements � 923.51 Administration of the pro. preapplicatiom of the approved management program gram. (b) Ali applications are subject to the th't are to be supported all or in part The Congress assigned the responsi- provisions of OME Circular A-95 (re- by the grant and the matching sharv@ bility for the administration of the vised). The Form CD-288, Preapplica- hereinafter called the grant project. Th Coastal Zone Management Act of 1972 to tion for Federal Assistance, will be any event, activities related to the es- the Secretary of Commerce, who has des- transmitted to the appropriate clear- tablishment and Implementation of'State ignated the National Oceanic and Atmos- Inghouses at the time it Is submitted to responsibilities pursuant th Section 307 pheric Administration (NOAA) as the the Office of Coastal Zone Management (c) (3) and Section 307(d) of the Act, are agency in the Department of Commerce (OCZM). If the application Is deter- to be included in the grant project. to manage the program. NOAA has estab- mined to be Statewide or broader In na- (2) A Precise statement of the major lished the Office of Coastal Zone Man- ture, a statement to that effect shall be tasks required to implement each ele- agement for this purpose. Requesta for attached to the Preapplication form ment. information an grant applications and submitted to OCZM. Such a determina- (3) For each task, the following should the applications themselves should be tion does not preclude the State clear- be specified: directed to: inghouse from involving areawide (I) A concise statement of how each Director. Oflace of Coastal zone Management clearinghouses In the review. In any task will accomplish all or part of the (OCZM) event, whether the application is con- program element to which it is related. National Oceanic and Atmospheric Adminis- sidered to be Statewide or not, the Pre- Identify any other State, areawide, rd- tration, application form shall Include an attach- 7U-S. Department of Commerce gional. or interstate agencies or local gov- ment Indicating the date copies of the ernments that will be allocated respon- Rockville, Maryland 20662 Preapplication form were transmitted to sibility for carrying out all or portions of 923.52 State responsibility. the State clearinghouse and If appli- the task. Indicate the estimated cost (a) The application shall contain a cable, the identity of the areawide clear- of the subcontract /grant for each a coastal Inghouse(s) receiving copies of the Pre- designation by the Governor of application form and the date(s) allociatioTf. State of a single agency to receive and transmitted. The Preapplication form (11) For each task indicate the esti- have fiscal and programmatic responsi- may be used to meet the project notifl- mated total cost. Also Indicate the esti- bility for administering grants to imple- ment the approved management pro- cation and review requirements of OMB mated total man-months, If any, allo- gTam- Circular A-95 with the concurrence of cated to the task from the applicant's (b) A single State application will cover the appropriate clearinghouses. In the in-house staff. all program management elements, absence of such concurrence the project (III) For each task, list the estimated whether carried out by State agencies, notification and review procedures, cost using the object class categories IS.& areawide/regional agencies, local govern- established State and areawide clearing- through k., Part III, Section B-Budget ments, interstate or other entities. houses, should be implemented simul- Categories of Form C13-292. FEDERAL REGISTER, VOL. 40, NO. 6-THURSDAY, JANUARY 9, 1975 RULES AND REGULATIONS (4) The sum of all the task costs is Secretary of Commerce, with any ap- sub-paragraph (3) of the paragraph proved amendments, is operative and has should equal the total estimated grant not been materially altered. This state- project costs. ment will provide the basis for an annual (6) Using two categories, Professional OCZM certification that the approved and Clerical, Indicate the total number management program remains in effect, of personnel In each category on the ap- thus fulfilling, in part, the requirements plicant's in-house staff, that will be as- of section 309(a) for a continuing re- signed to the grant project. Additionally view of management programs. Indicate the number assigned full time (3) The Governor's document desig- and the number assigned low than full nating the applicant agency is not re- time In the two categories. required, unless there has been a change (6) An Identification of those manage- of designation. ment program elements, if any, that will (4) Copies at the approved manage- not be supported by the grant project, ment program or approved amendments and how they will be implemented. thereto an not required. 923.56 Approval of applications (FB Doc. 76-738 Filed 1-8-75;45 am] (a) The application for an adminis- trative grant of any coastal State with is management program approved by the Secretary of Commerce, which complies with the policies and requirements of the Act and them guidelines, shall be ap- proved by OCZM, assuming available funding. (b) Should an application be found deficient, OCZM will notify the applicant in writing, setting forth in detail the manner In which the application fails to conform to the requirements of the Act or this subpart. Conferences may be hold on these matters. Corrections or adjust- ments to the application will provide the basis for resubmittal of the application for further consideration and review. (c) 0CZM may, upon finding of exten- uating circumstances relating to applica- tions or assistance, waive appropriate administrative requirements contained herein. 923.57 Amendation Amendments to an approved applica- tion must be submitted to, and approved by, the Secretary prior to initiation of the change contemplated. Requests for sub- stantial changes should be discussed with OCZM well In advance. it Is recognized that, while all amendments must be ap- proved by OCZM most such requests will be relatively minor In scope; therefore, approval may be presumed for minor amendments if the State has not been notified of objections within 30 working days of date of postmark of the request, 923.58 Applications for second and subsequent year grants. (a) Second and subsequent year ap- plications will follow the procedures set forth in this subpart, with the following exceptions: (1) The preapplication form may be used at the option of the applicant. If used, the procedures set forth in 923.55 (b) will be followed and the preapplica- Mon is to be submitted 126 days prior to the beginning days of the requested grant. If the preapplication form is not used, the A-95 project notification and review procedures established by State and provide clearinghouses should be followed. (2) The application must contain a statement by the Governor of the coastal State or his designee that the manage- ment program as approved miter by the FEDERAL REGISTER, VOL 40, NO. 6-THURSDAY, JANUARY 9, 1975 a APPENDix 3 PEVISED PLANNING AND ZONING STATUTES IN MAINE OOLUTIO, qz ls.@ @ T m I "-6 ' -197b REVISED PLANNING AND ZONING STATUTES IN MAINE 1974 Information Pamphlet Containing excerpts from Titles 1. 12, 17, 30, 33, and 38 of Maine Revised Statutes Annotated EXECUTIVE DEPARTMENT MAINE STATE PLANNING OFFICE s@p This information pamphlet contains excerpts from CONTENTS Titles 1, 12, 17, 30, 33 and 38 of the Maine Revised MUNICIPAL PLANNING AND ZONING Statutes Annotated, related to municipal planning and zoning, subdivisions and minimum lot size, and MUNICIPAL PLANNING AND ZONING regional planning. Also included are certain key pro- visions from Titles 12, 17, and 38, which are related General to local planning functions, and a list of additional Title 30 M.R.S.A. laws and regulations which may be of interest to See. 1917 Ordinance, Power Limited ......... 1 municipalities. 4961 Comprehensive Plan .............. 1 4962 Zoning Ordinances ................ 2 The adoption of Municipal Home Rule Provisions 4963 Zoning Adjustment ............... 2 in 'the State Constitution has permitted a number 4964 Savings Provisions ............... 3 of changes in State statutes concerning municipal 2411 Board of Appeals ................ 3 planning. Under Home Rule "any municipality may, 1 2153 Enactment Procedure ............. 5 by the adoption, amendment or repeal of ordinances 2155 Proof of Ordinances .............. 5 or by-laws, exercise any power or function which 2251 Conflicts of Interest .............. 6 the Legislature has the power to confer upon it, which is not denied expressly or by clear implication, Ordinance Certification and exercise any power or function granted to the Title 33 M.R.S.A. municipality by. the constitution, general law, or See. 622-A Municipal Land Control Ordinances 6 charter." (Title 30 M.R.S.A. Sec. 1917) This places the responsibility on the municipality Public Proceedings for establishing laws governing the exercise of par- Title I M.R.S.A. Sec. 401 Declaration of Public Policy; ticular powers and functions. It permits greater Open Meetings ................. 6 flexibility in local government. For example, a town or city may establish by statute the. composition and 402 Public Proceedings Defined ....... 6 functions of the planning board to fit its needs, 403 Meetings To Be Open To Public .... 7 404 Executive Sessions ............... 7 since the State statute dealing with this has been repealed. 404-A Decisions ......................... 7 Further assistance with regard to State legisla- Mandatory Shoreland Zoning and tion may be obtained from the following- Subdivision Controls Title 12 M.R.S.A. Regional Planning Commission& Sec. 4811 Shoreland Areas ................. 7 4811-A Definitions ....................... 8 Maine State Planning Office. 4912 Municipal Control ................ 8 4812-A Requirements .................... 9 Maine Municipal Association. 4813 Municipal Failure to Accomplish Purposes ..... ................ 9 Municipal Liawyers. 4814 Cooperation; Enforcement ......... 10 SUBDIVISIONS AND MINIMUM LOT SIZE Abbreviations used in this pamphlet: Subdivisions Title 30 M.R.S.A. M.&SJL -Maine Revised Statutes Annotated Sec.4956 Land Subdivisions ................ 11 See. -Section � --Section Minimum Lot Size Ch. -Chapter Title 12 M.R-S.A. PJL. -Public Laws See.4807 Definitions ...................... 14 4807-A Mininium Lot Size Required ...... 15 4807-B Approval of Smaller Lots ......... 16 The preparation of this report was financially aided by a oom- 4807-C Approval of Lesser Frontage ...... 16 Prebensive planning grant from the U.S. Dept. of Housing and 4807-D Exemptions ...................... 16 Urban Development 4807-E Appeal .......................... 16 4807-G Violations ....................... 17 REGIONAL PLANNING 4751 Purpose ......................... 31 4752 Definition ........................ 31 Regional Planning Commissions 4753 Administration ................... 31 Title 30 M.R.S.A. 4754 Orders .......................... 31 Sec.1301 Membership in a Regional Planning 4755 Hearing ......................... 31 Commission .................... 17 4756 Recording ....................... 32 4511 Establishment ..................... 17 4757 Appeal Procedure ................ 32 4512 Incorporation; Powers ............ 17 4758 Violation; Penalty ................ 33 4513 Representation ................... 17 4514 Bylaws; Records ................. 18 Dredging, Discharging 4515 Finances ........................ 18 Title 38 M.R.S.A. 4516 Staff Services .................... 18 Sec. 417 Certain Deposits and Discharge Prohibited ..................... 33 Regional Planning and Development 422 Dredging Permits ................ 33 Districts Dam Building, Stream Bulldozing Title 30 M.R.S.A. Sec.4521 Regional Planning and Development Title 12 M.R.S.A. Districts ....................... 19 Sec.2203 Notice to Commissioner of 4522 Planning and Program Review .... 19 Building of Dam ............... 35 4523 Councils of Government ........... 22 2205 Bulldozing of Rivers, Streams and Brooks ........................ 35 See. 5, P.L. 1973, Ch. 534. Transition Provisions ............. 22 2206 Prohibitions ..................... 35 2207 Permits; Standards ............... 35 Councils of Governments 2208 Hearings; Appeals ............... 36 Title 30 M.R.S.A. 2209 Administration ................... 36 Sec.1981 Establishment ................... 22 2210 Penalties ........................ 36 1982 Contents of Agreement ........... 22 2211 Injunction; Restoration ............ 37 1983 Powers and Duties ............... 22 2212 Exemptions ...................... 37 1984 Bylaws .......................... 23 See. 2 Application ...................... 37 1985 Staff ............................ 23 Nuisances 1986 Finances; Annual Report ........... 23 Title 17 M.R-S.A. RELATED LEGISLATION Sec.2802 Nuisances ....................... 37 Site Location Act ADDITIONAL LEGISLATION ................ 39 Title 38 M.R-S.A. See. 481 Findings and Purpose ............ 24 482 Definitions ........................ 24 483 Notification Required; Comm.ission Action; Administrative Appeals .. 25 484 Hearings; Orders; Construction Suspended ..................... 25 485 Failure to Notify Commission; Hearing; Injunction; Orders ..... 27 486 Enforcement ..................... 27 487 Judicial Review .................. 28 488 Applicability ..................... 28 Coastal Wetland's Title 12 M.R.S.A. Sec.4701 Procedure; Hearing .............. 28 4702 Permits ......................... 29 4703 Unorganized Territory; Two or More Municipalities ............ 30 4704 Appeal .......................... 30 4706 Application ...................... 30 4707 Exemptions ...................... 30 4708 Exception ....................... 30 4709 Violation ........................ 30 Statute changes enacted by the Special Session of MUNICIPAL PLANNING AND ZONING the 106th. Legislature are reflected in the following sections: Title 1 �404-A General Title 12 �2206-2212 (new) �4807-D Title 30 �4807-F (repealed) �4812 1917. Ordinance, power limited �4814 Title 30 �2?,51 Any municipality may, by the adoption, amend- �4956 (1) and (5) �4964 ment or repeal of ordinances or bylaws, exercise Title 33 �622-A any power or function which the Legislature has Title 38 �422 power to confer upon it, which is not denied. either expressly or by clear implication, and exercise any power or function granted to the municipality by the Constitution, general law or charter. No change in the composition, mode of election or terms of office of the legislative body, the mayor or the man- ager of any municipality may be accomplished by bylaw or ordinance. 4961. Comprehensive plan 1. Definition. "Comprehensive Plan" shall mean a compilation of policy statements, goals, standards, maps and pertinent data relative to the past, present and future trends of the municipality with respect to its population, housing, economics, social patterns, land use, and water resources and their use, trans- portation facilities and public facilities prepared by the municipal planing board, agency or office. The comprehensive plan, being as much a process as a document capable of distribution, may at successive stages, consist of data collected, preliminary plans, alternative action proposals, and finally as a com- prehensive plan to be adopted. In its final stages, it may consist of a series of subsidiary but inter- related plans such as, but not limited to, a water and sewerage system plan, a land use plan, a com- munity facilities plan, a transportation plan, an urban renewal or rehabilitation plan, an air or water pollution control plan, and a park and open space plan. The comprehensive plan shall include recom- mendations for plan execution and implementation such as, but not limited to, a capital improvements program, renewal and rehabilitation programs, land use control ordinances, and building, safety and housing codes. The comprehensive plan shall include mechanisms which will ensure continual data col- lection, re-evaluation in light of new alternatives, and revision. The comprehensive plan may include planning techniques such as, but not limited to, planned unit development, site plan approval, open space zoning and clustered development. . 2. Public participation. In the preparation of a comprehensive plan, the public shall be given an adequate opportunity to be herrd. I (Title 30) (Title 30) 4962, Zoning ordinances board of appeals shall be governed by section 2411, except that subsection 2 of section 2411 shall not 1. Terms. Any zoning ordinance, or provision apply to boards existing on September 23, 1972. thereof, adopted pursuant to the home rule power granted to all municipalities under the Constitution, 2. Powers. In deciding any appeal: Article VIII-A and chapter 201-A, specifically sec- tion 1917 shall be subject to the following: A. The board may interpret the provisions of A. Such ordinance or provision shall be pursuant the ordinance which are called into question. to and consistent with a comprehensive plan B. The board may approve the issuance of a adopted by its legislative body. special exception permit or conditional use permit in strict compliance with the ordinance; and pro- B. A zoning map describing each zone established vided the municipality has not authorized the or modified shall be adopted as part of the zoning planning board, agency or office to issue said per- ordinance or incorporated therein. Any conflict mits. between said zoning map and a description by metes and bounds shall be resolved in favor of the C. The board may grant a variance in strict description by metes and bounds. compliance with subsection 3. C. Real estate used or to be used by a public 3. Variance. A variance may be granted by the service corporation shall be wholly or partially board only where strict application of the ordinance, exempted from an ordinance only where on peti- or a provision thereof, to the petitioner and his tion, notice and public hearing the Public Utilities property would cause undue hardship or would not Commission has determined that such exemption be in the best interest of the community. is reasonably necessary for public welfare and con- venience. 4. Parties. The board shall reasonably notify of any hearing, the petitioner, the planning board, D. County and municipal governments, and dis- agency or office and the municipal officers and such tricts shall be governed by the provisions of any persons shall be made parties to the action. All in- zoning ordinance. terested persons shall be given a reasonable oppor- M Any zoning ordinance shall be advisory with tunity to have their views expressed at any hearing. respect to the State. 4964. Savings provisions F. Any property or use existing in violation of Any planning board or district established and any zoning ordinance, is a nuisance. any ordinance or map adopted under a prior and re- G. When a person petitions for rezoning of an pealed statute shall remain in effect until abolished, area for the purpose of development in accord- amended or repealed. Planning boards established ance with an architect's plan, the area shall not pursuant to provisions of repealed section 4952, sub- be rezoned unless the petitioner posts a perform- section 1 shall continue to be governed by those pro- ance bond equal to at lea *st 25016 of the estimated visions until they are superseded by municipal ordi- cost of the development. Said bond shall become nance. payable to the municipality if the petitioner fails 2411. Board of Appeals to begin construction in a substantial manner and in accordance with the plan within one year of 1. Establishment. A municipality may establish the effective date of the rezoning. a board of appeals and the municipal officers shall H. For the purpose of this subehapter, "zoning" appoint the members and determine their compen- is defined as the division of a municipality into sation. It is intended that all boards of appeals districts and the prescription and reasonable ap- established subsequent to September 23, 1971 be plication of different regulations in each district. governed by this section. In the preparation of a zoning ordinance the pub- lic shall be given an adequate opportunity to be 2- Organization. heard. A. The board shall consist of 5 or 7 members, � 4963. Zoning Adjustment serving staggered terms of a least 3 and not more than 5 years. The board shall elect annually a 1. Establishment. A board of appeals is estab- chairman and secretary from its membership. lished in any municipality which adopts a zoning ordinance for the purpose of hearing appeals from B. Neither a municipal officer nor his spouse actions or failure to act of the office charged with may be a member or associate member of the the enforcement of the zoning ordinance. Such board. 2 3 (Title 30) (Title 30) C. Any question of whether a particular issue shall include a statement of findings and conclus- involves a conflict of interest sufficient to dis- ions, as well as the reasons or basis therefor, upon qualify a member from voting thereon shall be all the material issues of fact, law or discretion decided by a majority vote of the members, except presented and the appropriate order, relief or the member who is being challenged. denial thereof. Notice of any decision shall be D. A member of the board may be dismissed for mailed or hand delivered to the petitioner, his cause by the municipal officers before the expira- representative or agent, the planning board, tion of his term. agency or office and the municipal officers within 7 days of their decision. E. Municipalities of 5,000 or more residents may F. An appeal may be taken, within 30 days after by ordinance provide for a board of appeals with the decision is rendered, by any party to Superior associate members not to exceed 3 in number. In Court from any order, relief or denial in accord-' the event there are 2 or 3 associate members, the ance with Rule 80B. The hearing before the Su- chairman shall designate which shall serve in the perior Court shall be a trial de novo without a stead of the absent member. jury. 3. Procedure. 4- Jurisdiction. Any municipality establishing a board of appeals under this section may vest the A. The chairman shall call meetings of the board board with the power to hear any appeal by any as required. The chairman shall also call meet- pe@son, affected directly or indirectly, from any de- ings of the board when requested to do so by a cision, order, rule or failure to act of any officer, majority of the members or by the municipal of- board, agency or other body where such appeal is ficers. A quorum of the board necessary to con- necessary, proper or required, duct an official board meeting shall consist of at � 2153. Enactment procedure least 3 members. The chairman shall preside at all meetings of -the board and be the official spokes- A municipality may enact ordinances by the man of the board. following procedure: B. The secretary shall maintain a permanent 1. Posted. The proposed ordinance shall be at- record of all board meetings and all correspond- tested and posted in the manner provided for town ence of the board. The secretary shall be respon- meetings. sible for maintaining those records which are re- quired as part of the various proceedings which 2. Certification. One copy of the proposed ordi- may be brought before the board. All records to nance shall be certified by the municipal officers to be maintained or prepared by the secretary are the municipal clerk at least 7 days next prior to the deemed public, shall be filed in the municipal day of election to be preserved as a public record clerk's office and may be inspected at reasonable and copies shall be available at that time for dis- times. tribution to the voters by the municipal clerk as well C. The board may provide by rule, which shall be as at the time of the town meeting. recorded by the secretary, for any matter relating 3. Question. The subject matter of the proposed to the conduct of any hearing, provided that any ordinance shall be reduced to the question: "Shall an rule may be waived by the chairman upon good ordinance entitled ' be enacted?", cause shown. and shall be submitted to the town meeting for action either as an article in the warrant or a question on D. The board may receive any oral or documen- a secret ballot. tary evidence but shall provide as a matter of policy for the exclusion of irrevelant, immaterial 4. Application. This section shall not apply to or unduly repetitious evidence. Every party shall ordinances which may be enacted by the municipal have the right to present his case or defense by officers. oral or documentary evidence, to submit rebuttal 2155. Proof of ordinances evidence and to conduct such cross-examination as may be required for a full and true disclosure The submission to any court or administrative of the facts. tribunal of a municipal ordinance, bylaw, order or E. The transcript of testimony, if any, and ex- resolve of the legislative body or municipal officers hibits, together with all papers and requests fil-I of a municipality, when such ordinance, bylaw, order in the proceeding, shall constitute the record. All or resolve has been certified over the signature of decisions shall become a part of the record and the municipal clerk, shall be prima facie proof of the validity thereof. 4 5 (Title 30) (Title 1) 2251. Conflicts of interest 403. Meetings to be open to public Certain proceedings of municipalities, counties All public proceedings shall be open to the public, and quasi-municipal corporations and their officials and all ersons shall b permitted to attend any are voidable and actionable according to the follow- P e ing provisions. meetings of these bodies or agencies, and any min- I. Voting. The vote of a body is voidable when any utes of such meetings as are required by law shall official in his official position votes on any question be promptly recorded and Open to public inspection, in which he has a direct or an indirect pecuniary except as otherwise specifically provided by statute. interest. 404. Executive sessions Ordinance Certification Nothing contained in this subehapter shall be con- strued to prevent these bodies or agencies from hoid- Title 33 ing executive sessions, subject to the following con- S 662-A. Municipal land control -ordinances ditions: That such sessions shall not be used to defeat the purposes of this'subehapter; that no ordinances, Any municipality having in force or adopting any orders, rules, resolutions, regulations, contracts, ap- ordinance which relates to land control, including, pointments or other official action shall be finally ap- ile but not limited to, zoning and subdivisions, shall f proved at such executive sessions; that such execu- a certified COPY of such ordinance in the registry of tive sessions may be called only by a majority vote deeds in the county or registry district wherein such of the members of such bodies or agencies. The municipality is located and said municipality shall conditions of this section shall not apply to executive forthwith transmit to said county or district registry sessions of committees of the Maine Legislatdre. of deeds any amendment or amendments to said ordi- 404-A. Decisions nance. The register of deeds in the several counties and 1. Written record. Every state, quasi-state, coun- registry districts shall provide suitable protection ty, municipal and quasi-municipal office, agency, de- and access to such filed ordinances in the manner partment, bureau, district, commission or other en- customarily used for official records, and shall note tity thereof, hereinafter in this subehapter called on an official record the date of filing of each ordi- "agency," shall make a written record of every de- nance and shall stamp each ordinance in a manner cision involving the conditional approval or denial of an application, license, certificate or any other clearly showing the date of filing; and such matter shall be filed by name of municipality. Municipali- type of permit. Such written record or a copy there- ties will not be required to pay a fee or charge for of shall be kept by the agency and made available said filing. to any interested member of the public who may wish to review it. Public Proceedings i 2. DeniaL Whenever an agency denies approval of an application submitted to it, or denies a license, Title I certificate or any other type of permit, or issues its 401. -Declaration of public policy; open meetings approval or grants such license, certificate or any other type of permit upon conditions not otherwise The Legislature finds and declares that public specifically required by the statute, ordinance or proceedings exist to aid in the conduct of the people's regulation pursuant to which the approval for grant- business. It is the intent of the Legislature that their ing is, issued, the agency shall set forth the reason sion and make findings of fact, actions be taken openly and that their deliberations or reasonsfor its deci be conducted openly. in writing, sufficient to apprise the applicant and any interested member of the public of the basis 402. Public proceedings defined for such decision, The term "public proceedings" as used in this sub- chapter shall mean the transactions of any functions Mandatory Shoreland Zoning and Subdivision affecting any or all citizens of the State by any ad- Controls ministrative or legislative body of the - State, or of any Of its counties or municipalities, or of any other Title 12 (effective date June 28, 1973) political subdivision of the State with which function it is charged under any statute or under any rule S 4811. Shoreland areas or regulation of such administrative or legislative body or agency. To aid in the fulfillment of the state's role as trustee of its waters and to promote public health, 6 7 (Title 12) (Title 12) safety and general weirare, it is declared to be in requirements of this chapter for sboreland pro- the public interest that shoreland areas defined as tection and filed a copy of said ordinances with land within 250 feet of the normal high water mark the State Planning Office. of any pond, river or salt water body be subjected In order to aid municipalities in meeting the re- to zoning and subdivision controls. The purposes of such controls shall be to further the maintenance quirements of this chapter, the Department of In- of safe and healthful conditions; prevent and control land Fisheries and Game shall, prior to January 1, water Pollution; protect spawning grounds, fish, 1973, identify all of those areas in municipalities aquatic life, bird and other wildlife habitat; control which it finds to be areas of moderate to high water- building sites, placement of structures and land fowl breeding areas. Any or all areas within a mu- uses; and conserve shore cover, visual as well as nicipality which are subject to nonmunicipal zoning actual points of access to inland-and coastal waters controls may be exempted from the operation of this and natural beauty. section upon a finding by the Board- of Environ- mental Protection and the Maine Land Use Regula- 4811-A. Definitions tion Commission that the purposes of this chapter For Purposes of this chapter, pond shall include have been accomplished by such nonmunicipal zoning. any inland body of water which has a surface area 4812-A. Requirements in excess of 10 acres, except where such body of water is man-made and in addition is completely In addition to controls required by this chapter, surrounded by land held by a single owner, and ex- municipalities may adopt zoning and subdivision cept those privately owned ponds which are held controls applicable to other bodies of water as re- Primarily as waterfowl and fish breeding areas or quired to protect the public health, safety and wel- for hunting and fishing. A rive'r is defined as any fare and further the purposes of this chapter. free flowing body of water from that point atwbich it provides drainage for a watershed of 25 'square Zoning ordinances adopted pursuant to this chap- miles to its mouth. The State Planning Office shall ter shall be pursuant to and consistent with a com- prepare and publish a list of such rivers for the prehensive plan. use of the municipalities no later than November 1, 1973. Zoning ordinances adopted pursuant to this chap- ter need not depend upon the existence of a zoning 4812. Municipal control ordinance for all of the land and water area within Cities and towns pursuant to presently existing a municipality, despite the provisions of Title 30, section 4962 to the contrary, it being the intention enabling legislation are authorized to plan, zone and of the Legislature to recognize that it is reasonable control the subdivision of land. With respect to the for municipalities to treat specially with sboreland shoreland areas defined in section 4811, cities and areas and to choose to immediately zone around towns, hereafter called municipalities, shall adopt water bodies rather than to wait until such time as zoning and subdivision control ordinances according it enacts zoning ordinances for all of the land within to the following schedule. its boundaries. However, the provisions of ordi- nances, which zone shoreland areas only, must re- 1. Prior to July 1, 1973. Prior to July 1, 1973, late solely to measures necessary to protect and en- the municipal officers of each city or town shall have hance water quality, preserve and enhance the aes- appointed an appropriate municipal body with re. thetics of water bodies and views therefrom, protect sponsibiIity for preparing such ordinances as are shoreland areas from erosion, protect and preserve necessary for compliance with this chapter and shall that vegetation and wildlife which is more indigenous certify such appointment to the State planning to shoreland areas than areas not associated with Office. water bodies, avoid the problems associated with floodplain development and use and to encourage 2. Prior to July 1, 1974. Prior to July 1, 1974, and insure the integrity of points of access to water each municipality shall have: bodies. A. Prepared a comprehensive plan adequate to comply with the requirements of Title 30, section 4813. Municipal failure to accomplish purposes 4961 and this chapter and notified the State Plan- ning Office; If any municipality fails to adopt ordinances as required by section 4812 for shoreland areas as de- B. Adopted shoreland protection, subdivision and fined in section 4811 or if the Board of Environ- zoning ordinances adequate to comply with the mental Protection and the Maine Land Use Regula- 8 9 (Title 12) (Title 30) tion Commission determine that particular municipal SUBDIVISIONS AND MINIMUM LOT SIZE ordinances because of their laxity and permissive- ness do not adequately prevent and control water pollution,. protect wildlife habitat, conserve shore Subdivisions cover or otherwise fail to accomplish the purposes outlined in section 4811, the Department of Environ- Title 30 mental Protection and the Maine Land Use Regula- tion Commission shall, following consultation with 4956. Land subdivisions the State Planning Office, with respect to these shoreIand areas, adopt suitable ordinances for these ri@unicipalities, which ordinances the respective mu- 1. Defined. A subdivision is the division of a nicipalities shall then administer and enforce. tract or parcel of land into 3 or more lots within any 5-year period, whether accomplished by sale, The Department of Environmental Protection and lease, development, building or otherwise, except the Maine Land Use Regulation Commission, acting when the division is accomplished by inheritance, pursuant to the administrative direction of the State order of court or gift to a relative', unless the intent of-such gift is to avoid the objectives of this section. Planning Office, shall by December 15, 1973 adopt minimum guidelines for the protection of shoreland For the purposes@ of this section, a lot shall not in- areas reflecting considerations of preventing and elude a transfer of an interest in land to an abutting controlling water pollution, protecting spawning landowner, however accomplished. grounds, fish, aquatic life, bird and other wildlife In determining whether a parcel of land is div-ided habitat, location and size of structures and signs into 3 or more lots, land retained by the subdivider and conserving shore cover. The incorporation of such guidelines into a municipal regulatory ordi- for his own use as a single family residence for a -nance shall be deemed sufficient to meet the require- period.of at least 5 years shall not be included. ments of this section. I No sale or lease of any lot or parcel shall be con- sidered as being a part of a subdivision if such a lot 4814. Cooperation; enforcement or parcel is 40 acres or more in size, except where the intent of such sale or lease is to avoid the ob- The Board of Environmental Protection and the tives, of this statute. Maine Land Use Regulation Commission, municipal- Jec ities and all state agencies shall mutually cooperate to accomplish the objectives of this chapter. To that I Municipal review and regulation end, the board and the commission shall consult with the governing bodies of municipalities and to what- A. Reviewing authority. All requests for sub- ever extent necessary with other state agencies to division approval shall be reviewed by the munici- secure voluntary uniformity of regulations, so far pal planning board, agency or office, or if none, as practicable, and shall extend all possible assist, by the municipal officers, hereinafter called the ance therefor. The State Planning Office shall be municipal reviewing authority. responsible for coordinating the efforts and respon- .sibilities of the Board of Environmental Protection The municipal reviewing author- B. Regulations, @nd the Maine Land Use Regulation Commission act- ity may, after a public hearing, adopt additional ing pursuant to this chapter. reasonable regulations governing subdivisions which shall control until amended, repealed or re- If a municipality fails to administer and enforce placed by regulations adopted by the municipal zoning ordinances adopted by it or the State, pur- legislative body. The municipal reviewing authority suant to the requirements of this chapter, the Attor- shall give at least 7 days' notice of such hearing. ney General shall seek an order of the Superior Court of the county in which the municipality lies, C. Record. On all matters concerning subdivision requiring the municipal officials to enforce such zon- review, the municipal reviewing authority shall ing ordinance. The Attorney General shall be made maintain a permanent record of all its meetings, a party to all civil and criminal actions in which the proceedings and correspondence. pleadings challenge the legality of any ordinance or portion thereof adopted pursuant to the guidelines D. Hearing; order. In the event that the munici- p.romulgated under section 4813. pal reviewing authority determines to hold a pub- lic hearing on an application for subdivision ap- proval, it shall hold such hearing within 30 days of receipt by it of a completed application, and 10 (Title 30) (Title 30) shall cause notice of the date, time and place of F. Will provide for adequate sewage waste dis- such hearing to be given to the person making the posal; application and to be published in a newspaper of general circulation in the municipality in which G. Will not cause an unreasonable burden on the the subdivision is proposed to be located, at least ability of a municipality to dispose of solid waste 2 times, the date of the first publication to be at and sewage if municipal services are to be utilized; least 7 days prior to the hearing. L Will not have an undue adverse effect on the The municipal reviewing authority shall, within 30 scenic or natural beauty of the area, aesthetics, days of a public hearing or within 60 days of re- historic sites or rare and irreplaceable natural ceiving a completed application, if no bearing is areas; held, or within such other time limit as may be oth- erwise mutually agreed to, issue an order denying adopted sub- or granting approval of the proposed subdivision or J. I! in conformance with a duly granting approval upon such terms and condition's division regulation or ordinance, comprehensive as it may deem advisable to satisfy the criteria plan, development plan, or land use plan, if any; listed in subsection 3 and to satisfy any other regu- and- lations adopted by the reviewing authority, and to protect and preserve the public's health, safety and K. The subdivider has adequate financial and general welfare. In all instances the burden of proof technical capacity to meet the above stated stand- shall be upon the persons proposing the subdivisions. ards. In issuing its decision, the reviewing authority shall make findings of fact establishing that the proposed L. Whenever situated, in whole or in part, within subdivision does or does not meet the foregoing 250 feet of any pond, lake, river or tidal waters, criteria. will not adversely affect the quality of such body of water or unreasonably affect the shoreline of 3. Guidelines. When promulgating any subdivi- such body of water. sion regulations and when reviewing any subdivision for approval, the planning board, agency or office, or the municipal officers, shall consider the following 4. LWorcement. No person, firm, corporation or criteria and before granting approval shall deter- other legal entity may sell, lease, or convey for con- mine that the proposed subdivision: sideration, offer or agree to sell, lease or convey for consideration any land in a subdivision which has A. Will not result in undue water or air pollu- not been approved by the municipal reviewing auth- tion. In making this determination it shall at least ority of the municipality where the subdivision is consider: The elevation of land above sea level located, and recorded in the proper registry of deeds. and its relation to the flood plains, the nature of No subdivision plat or plan shall be recorded by any soils and subsoils and their ability to adequately register of deeds which has not been approved as support waste disposal; the slope of the land and required. Approval for the purpose - of recording shall appear in writing on the plat or plan. No pub- its effect on effluents; the availability of streams lic utility, water district, sanitary district or any for disposal of effluents; and the applicable state utility cumpany of any kind shall install services to and local health and water resources regulations; any lot in a subdivision for which a plan has not B. Has sufficient water available for the reason- been approved. ably foreseeable needs of the subdivision; Any person, firm, corporation or other legal entity C. Will not cause an unreasonable burden on an who sells, leases, or conveys for consideration, offers existing water supply, if one is to be utilized; or agrees to sell, lease or convey for consideration any land in a subdivision which has not been ap- D. Will not cause unreasonable soil erosion or proved as required by this section shall be punished reduction in the capacity of the land to hold water by a fine of not more than $1,000 for each such sale, so that a dangerous or unhealthy condition may lease or conveyance for consideration, offering or result; agreement. The Attorney General, the municipality or the appropriate municipal officers may institute E. Will not cause unreasonable highway or pub- proceedings to enjoin the violation of this section. lic road congestion or unsafe conditions with re- spect to use of the highways or public roads exist- 5. Exemptions. This section shall not apply to ing or proposed; proposed subdivisions approved by the planning board or the municipal officials prior to September 23, 1971 in accordance with laws then in effect nor 12 (Title 30) (Title 12) earth including, but not limited to, holding ponds, shall they apply to subdivisions as defined by this surface spraying, septic tanks, drainage fields and section in actual existence on September 23, 1971 wells, but shall not include any discharge or the that did not require approval under prior law. The waste treatment system related thereto licensed division of a tract or parcel by sale, gift, inheri- under Title 38, section 413 or any discharge into a tance, lease or order of court into 3 or more lots and municipal or quasi-municipal sewer system. upon which lots permanent dwelling structures legal- ly existed prior to September 23, 1971 is not a sub- division. & Waste. "Waste" means any liquefied sewage, garbage, sewage sludge, chemical, biological or radiological materials, human body wastes, or any The owner of a lot which, at the time of its other refuse or effluent in a liquid form generated creation, was not part of a subdivision, shall not be from domestic, commercial or industrial activities, required to secure the approval of the municipal re- viewing authority for such a lot in the event that except any wastes containing insufficient liquid to be the subsequent actions of a prior owner, or his suc- free flowing and wastes generated from agricultural cessor in interest, of the lot creates a subdivision of activities or animal husbandry. which the lot is a part, however, the municipal re- viewing authority shall consider the existence of such 4907-A. Minimum lot size required a previously created lot in passing upon the applica- In all areas of the State, notwithstanding any tion of any prior owner, or his successor in interest, other provision of state or local law or regulation, of the lot for approval of a proposed subdivision. no person shall: Minimum Lot Size 1. Dispose of waste from any single family resi- dential unit by means of subsurface waste disposal Title 12 unless such lot of land on which such single family residential unit is located contains at least 20,000 square feet; and if the lot abuts a lake, pond, stream, 4807. Definitions river or tidal area, it shall further have a minimum frontage of 100 feet on such body of water; As used in this chapter, unless the context other- wise indicates, the following terms shall have the L Dispose of wastes by means of subsurface following meanings. waste disposal from any multiple unit housing or any other land use activity which may generate 1. Multiple unit housing. wastes in excess of the waste disposal requirements "Multiple unit housing of normal single family residential units, unless such shall mean a structure or structures located on a multiple unit housing or other land use activity is single lot, which structures are designed or used to house 2 or more families. located on a lot of a size and minimum frontage i which is greater than the requirements stated in subsection 1 in the same proportion as the actual I Other land use activity. "Other land use ac- waste disposal requirements of 'the multiple unit tivity" includes any commercial or industrial uses housing or other land use activities is greater than or combination of such uses. that of a single family residential unit. For pur- poses of computing such proportions, the amount of 3. Person. "Person" means any individual, corpo- sewage generated by and thd waste disposal require- ration, firm, partnership, municipality, quasi- 'rnunici- ment of such activities or land uses shall be deemed pal corporation, state or federal agency or any other to be: legal entity. A. Single family residential unit, 300 gallons per 4. Single family residential unit. "Single family day; -residential unit" means any structure of any kind, including mobile homes, used. or designed to house a B. Multiple unit housing, 120 gallons per bed- single family, and shall include those structures used room; permanently and seasonally. C. Other land use activity, actual measurement .5. Subsurface waste disposal. "Subsurface waste or computation of waste generated or likely to be disposal" means any system for disposing of wastes generated. or waste waters on or beneath the surface of the 14 16 (Title 12) (Title 12) 4907-B. Approval of' smaller lota 4807-G. Violations Any person who violates any provision of this A lot of less than the size required in section chapter or the regulations enacted hereunder shall 4807-A may be used for subsurface waste disposal be subject to a fine of not more than $1,000 for each offense or violation. Each day of such violation shall if approved in writing by the Board of Environ- be considered a separate offense. Alternatively, and mental Protection. Approval shall be granted if the in addition thereto, any use of land in violation of applicant for approval demonstrates to the Board of this chapter shall be deemed to be a nuisance and Environmental Protection that, based upon the the board may seek an injunction to prevent or abate amount and nature of wastes, construction of the a violation of this chapter or regulations promul- subsurface disposal system, soil types and slopes, gated thereunder. percolation rates, depth to bedrock and groundwater, density of any proposed development, and other rele- REGIONAL PLANNING vant factors, the proposed subsurface waste disposal will not lower the water quality of or otherwise pose Regional Planning CornmissiOnS a threat to any lake, pond, stream, river or tidal waters, any underground water supply, or to the Title 30 public health, safety and general welfare. 1301. Membership in a regional planning com- � 4807-C. Approval of lesser frontage mission A county may become a member of a regional A lot of less than the frontage required in section planning commission by resolution of the county 4807-A may be used for subsurface waste disposal if commissioners, provided that such membership is approved in writing by the Board of Environmental authorized by the commission's bylaws and all or Protection. Approval shall be granted if the appli- part of the county is located within the regional cant for approval demonstrates to the board that planning and development district or subdistrict such frontage will not cause such lot to be of such served by the commission. copfiguration as to prevent compliance with the standards in section 4807-B, or not otherwise present 4511. Establishment any harm to public health, safety or general welfare. Any 7 or more municipalities, all of which are within one regional planning and development dis- 4807-D. Exemptions trict and within one subdistrict if any, may by vote of their municipal officers join together to form a This chapter as to the use of a lot for single regional planning commission. The purpose of a family residential purposes shall not apply to any regional planning commission shall be to promote lot which prior to January 1, 1970, was specifically cooperative efforts toward regional development, described as an identifiable and separate lot either prepare and maintain a comprehensive regional plan, in the instrument conveying such lot to the then coordinate with state and federal planning and de- owner or in a valid and enforceable agreement for velopment programs and to provide planning assist- purchase and sale or was shown on a plan recorded ance and advisory services to municipalities. In the in accordance with law, prior to January 1, 1970; preparation of a comprehensive plan, the public shall provided that contiguous lots in the same ownership bd given an adequate opportunity to be heard. on or after October 3, 1973 shall be considered as one lot for the purposes hereof. 4512. Incorporation; powers This chapter shall not apply to any structure in Regional planning commissions shall be incorpor- existence and in place on or before October 3, 1973, ated in accordance with Title 13, chapter 91, and which then or theretofore disposed of wastes by shall possess all powers of a corporation organized means of subsurface waste disposal; except that no without capital stock, except as limited by ithis sub- person shall reduce the size of the lot upon which chapter'. such structure is located to a size or frontage less than that allowed by section 4807-A unless permitted 4513. Representation pursuant to section 4807-B. The commission's governing body shall consist of 4807-E. Appeal representatives of each member municipality ap- pointed by the municipal officers. Municipalities with Appeal shall be in the manner provided by Title less than 10,000 population as determined by the 38, section 415. last Decennial Census shall have 2 representatives. 16 17 (Title 30) Regional Planning and Dcvclopinent Districts -Municipalities Iwith populations greater than 10,000 Title 30 as determined by the last Decennial Census shall 4521. Regional planning and development districts have 2 representatives and an additional representa- tive for each 10,000 increment in population or major 1. Districts. The Governor may designate re- part thereof over 10,000. At least one representative for each municipality shall be a municipal officer or gional planning and development districts and sub- the chief administrative official of the municipality districts for the purpose of coordinating policies, or their designee, who shall serve at the pleasure plans and programs among and within the various of the municipal officers or until he ceases to hold levels of government affecting the development of municipal office. All other representatives shall serve those districts or subdistricts. for a term of 2 years and may be removed 6y the municipal officers for cause after notice and hearing. 2. Revisions. The Governor may,-after consulta- A permanent vacancy shall be filled for the unex- tion with the State Planning Office, regional planning pired term in the same manner as a regular appoint- eommissions and the officers of the municipalities ment. and counties involved, revise the district boundaries to reflect changing conditions or otherwise to fulfill A regional planning commission may, in its by- the purposes of this chapter. laws, provide for voting membership of one or more counties within its regional, planning and develop- q 3. Agreements. The Governor may enter into ment district or subdistrict. A county shall have no agreements on behalf of the State with the governor more than 2 representatives. The commission may of an adjoining state or with the consent of the by bylaw provide for one alternate representative United States Congress, with the premier of an ad- for each member municipality or county. joining province of Canada to establish interstate or international regional planning or development dis- 4514.- Bylaws; records tricts. The commission shall adopt bylaws not inconsist- 4522. Planning., and Program Review ent with this subchapter, designating the officers of 1. Review authority. The Governor may desig- the commission and providing for the conduct of its nate a regional planning commission as the author- business. ized agency to receive, review and comment on fed- The minutes of the proceedings of the commission eral projects and plans affecting regional planning, shall be filed in the office of the commission and coordination and development and those significant shall be public record. Copies shall be provided to local and state projects that exceed $200,000 in total the municipal officers and planning board of each cost and those state projects involving more than one member municipality. municipality. A. Where 2 or more contiguous regional planning 4515. Finances commissions are@ affected, the following shall hold: The commission shall prepare an annual budget and shall determine on an equitable basis the con- (1) When it is determined by the State Plan- tribution of each member municipality toward the ning Office that a project clearly concerns the support. of the commission. jurisdictional area of only one regional planning commission, that commission shall be the au- The commission may accept funds, grants, gifts thorized review agency; and senices from the government of the United States or its agencies, from the State or its depart- (2) When a project clearly concerns the juris- ments, agencies or instrumental ities, from any other dictional area of 2 or more commissions as de- governmental unit, whether a member or not, and termined by the State Planning Office, joint from private and civic sources. receipt and review and comment shall be re- quired. 4516. Staff services To avoid duplication of staffs for various regional B. When a project clearly concerns both incorpo- rated and unincorporated areas within a district, bodies assisted by the Federal Government, a com- there shall be joint receipt and review and com- mission may provide, basic administrative and re- ment by the affected regional planning commission search and planning services for any regional de- or commissions and the Maine Land Use Regula- velopment and planning bodies presently or here- tion Commission. after established in Maine. 4 18 19 (Title 30) (Title 30) C. All regional planning commission review pur- aid before such application is made. The regional suant to this subsection shall be completed within planning commission shall determine -,vhether or not 30 days after receipt of the project information the proposed application is properly coordinated with unless agreed by the requesting agency that this other existing or proposed projects within the dis- period he extended. trict, as well as any district plans or policies where such exist. In making such a determination, the I Planning review of federal program grant commission shall within 30 days inform both the ap- application. All applications for federal- program plicant agency and the granting authority of its grants affecting regional planning, coordination and opinion. development, including programs pursuant to Section 204 of the Federal Demonstration Cities and Metro- 6. Referral of proposals for interlocal agree- politan Development Act of 1966 and the Federal In- ments or formation of special purpose districts. tergovernmental Cooperation Act of 1968 and the ob- Before any 2 or more municipalities may join to- jectives set forth in the Federal Office of Manage- gether through interlocal agreement or formation of ment and Budget Circular A-95, shall be submitted a special purpose district under any provisions of the to the commission for review and comment and the Revised Statutes or any special act for purposes of provisions of subsection 5 shall apply. jointly developing or operating physical facilities services for the performance of municipal or .S. Planning review of state agency long-term regional functions, such municipalities shall refer plans. Each state department, commission, board or such proposal to the regional planning commission agency will submit to the commission, for review or commissions within whose areas of jurisdiction and comment, all long-term comprehensive plans that the municipalities may be located. The commission will havi significant regional effect within its juris- or commissions shall, within 30 days, render an ad- diction. The planning commission review shall be visory report of the regional significance of the pro- completed within 30 days after receipt of such long- posal, unless agreed by the referring municipalities term comprehensive plan. Where 2 or more regional that this period be extended. planning commissions coexist within a district, sub- 7. Notice to regional planning commission to section 1 shall apply. establish or change land use zones. When a munici- 4. Planning review of local government and spe- pality proposes to establish or change a land use cial district plans and programs. Each city, town, zone or any regulation affecting the use of a zone watershed district and soil conservation district, all any portion of which is within 500 feet of the or part of which lies within jurisdictional area of boundary of another municipality located within the the commission, shall submit to the commission, for jurisdiction of a regional planning commission, the comment and recommendation thereon, its long-term municipality shall give written notice of its public comprehensive plans or any matter which in the hearing to be held in relation thereto. The commis- judgment of the commission has a substantial effect sion shall study such proposal and shall report its on regional development, including but not limited findings and recommendations thereon to the mu- to plans for land use. No action shall be taken to nicipality at or before the hearing. If such an ad- institute any such plan or part thereof for 30 days visory report of the commission is not submitted at after all the relevant information has been sub- or before the hearing, it shall constitute approval. mitted to the regional planning commission for re- S. Local assistance. view and comment. The commission shall notify each city or town or special district which may be A. The commission may make recommendations affected by the plans submitted of the general nature on the basis of its plans and studies to local plan- of the plan, the date of submission and the identity of the submitting unit. The commission may conduct nmg boards or to the municipal officers of any member, and to any county, state or federal au- a hearing on the submitted plans if, in the opinion thorities. of the commission, such a hearing would be in the best interest of the region. B. A municipal planning board may use any part 5. Review of applications for state-aid programs. of the regional planning studies which pertain to Within each planning and development district or the municipality in its own comprehensive plan. subdistrict in which a regional planning commission has been organized, the governing body of each gov- C. The commission may assist any of its mem- ernmental unit and special district shall submit to bers in solving a local planning problem. All or the regional planning commission for review any part of the cost of local assistance may be paid applications to state agencies for loans or grants-in- by any of its members. 20 21 (Title 30) (Title 30) 4523. Councils of Government the membe r governments and necessary or desirable For the purpose of this subchapter, regional plan- for dealing with problems of local concern. ning commission shall also mean councils of govern- 3. Standing Committee. The council may, by ap- ment established pursuant to chapter 204. propriate action of the ;@overning bodies of the mem- ber municipalities, establish a standing committee See. 5. Transition provisions. Existing regional for the purpose of preparing and maintaining a planning commissions shall incorporate within 2 comprehensive regional plan. years of the effective date of this Act, and shall pro- vide representation and otherwise comply with the 4. Transfer. Where a regional planning commis- Revised Statutes, Title 30, chapter 239, subehapter sion has been established under chapter 239, sub- 1-B, within one year of the effective date of this Act. chapter 1, the member municipalities, by appropriate action may provide for the transfer of all assets, liabilities, rights and obligations of the commission Councils of Governments to the council and for the dissolution of the com- mission. Title 30 1984. Bylaws 1981. Establishment The council shall adopt bylaws designating the The municipal officers of any 2 or more munici- officers of the council and providing for the conduct palties by appropriate action, may enter into an of its business. agreement, between or among such municipalities, for the establishment of a regional council of gov- 1985. Staff ernments. The council may employ such staff, and consult � 1982, Contents of agreement and retain such experts, as it deems necessary. The agreement shall provide for representation, 1986. Finances: annual report provided that at least half of the representatives of each member shall be municipal officers. The agree- 1. Expenses. The governing bodies of the mem- ment shall specify the organization, the method of ber governments may appropriate funds to meet the withdrawal, the method of terminating the agree- expenses of the council. Services of personnel, use ment and the grounds for suspension of member of equipment and office space, and other necessary municipalities. services may be accepted from members as part of their financial support. 1983. Powers and Duties 2. Government funds. The council may accept 1. Powers. The council shall have the power to: funds, grants, gifts and services from the govern- ment of the United States or its agencies, from this A. Study such area governmental problems com- State or its departments, agencies or instrumen- mon to 2 or more members of the council as it talities or from any other governmental unit whether deems appropriate, including but not limited to participating in the council or not, and-from private matters affecting health, safety, welfare, educa- and civic sources., tion, economic conditions and regional develop- ment; 3. Report. It shall make an annual report of its activities to the member governments. B. Promote cooperative arrangements and coor- dinate action among its members; and C. Make recommendations for review and action to its members and other public agencies that per- form functions within the region. 2. other. The council may, by appropriate action of the governing bodies of the member mu- nicipalities, exercise such other powers as are exer- cised or capable of exercise separately or jointly, by 22 23 RELATED LEGISLATION (litle 38) Site Location Act 3. Natural environment of a locality. "Natural Title 38 environment of a locality" includes the character, quality and uses of land, air and waters in the area (note: whenever in the Revised Statutes the words likely to be affected by such development, and the "Environmental Improvement Commission" appear degree to which such land, air and waters are free they shall mean the "Board of Environmental Pro- from zion-naturally occurring contamination. tection"). 4. Person. "Person" means any person, firm, as- 481. Findings and purpose sociation, partnership, corporation, municipal or The Legislature finds that the economic and social other local governmental entity, quasi-municipal en- wellbeing of the citizens of the State of Maine de- tity, state agency, educational or charitable organi- pend upon the location of state, municipal, quasi- zation or institution or other legal entity. municipal, educational, charitable, commercial and industrial developments with respect to the natural 5. Subdivision. A "subdivision" is the division of environment of the State; that many developments a parcel of land into 5 or more lots, any one of which because of their size and nature are capable of caus- is less than 10 acres in size, if said lots make up an ing irreparable damage to the people and the en- aggregate land area of more than 20 acres and are vironment in their surroundings; that the location to be offered for sale or lease to the general public of such developments is too important to be left only during-any 5-year period. to the determination of the owners of such develop- ments; and that discretion must be vested in state 483. Notification required; commission action; ad. authority to regulate the location of developments ministrative appeals which may substantially affect environment. Any person intending to construct or operate a The purpose of this subchapter is to provide a development shall, before commencing construction flexible and practical means by which the State, act- or operation, notify the commission in writing of his ing through the Environmental Improvement Com- intent and of the nature and location of such de- mission, in consultation with appropriate state velopment, together with such information as the agencies, may exercise the police power of the State Commission may by regulation require. The commis- to control the location of those developments sub- sion shall within 30 days of receipt of such notifica- stantially affecting local environment in order to in- tion, either approve the proposed development, upon sure that such developments will be located in a such terms and conditions as are appropriate and manner which will have a minimal adverse impact reasonable, or disapprove the proposed development on the natural environment of their surroundings. !etting forth the reasons therefor or schedule a hear. ing thereon in the manner hereinafter provided. 482. Definitions Any person as to whose development the commis- As used in this subchapter: sion has issued an order without a hearing may re- quest, in writing, within 30 days after notice, a 1. Commission. "Commission" means the Envi- hearing before the commission. Such request shall ronmental Improvement Commission. set forth, in detail, the findings and conclusions of the commission to which such person objects, the 2. Development which may substantially affect basis of such objections and the nature of the relief the environment. "Development which may substan- requested. Upon receipt of such request, the com- tially affect the environment," in this Article called mission shall schedule and hold a hearing limited to "development," means any state, municipal, quasi- the matters set forth in such request. Such hearing municipal, educational, charitable, commercial or in- shall be scheduled in accordance with section 484. dustrial development, including subdivisions, but ex- cluding state highways and state aid highways, 9 494. Hearings; orders; construction suspended which requires a license from the commission, or which occupies a land or water area in excess of 20 In the event that the commission determines to acres, or which contemplates drilling for or excavat- hold a hearing on a notification submitted to it pur- ing natural resources, on land or under water, ex- suant to section 4831* it shall hold such hearing with- cluding borrow pits for sand, fill or gravel, regulated in 30 days of such determination, and shall cause by the State Highway Commission and pits of less notice of the date, time and place thereof to be given than 5 acres, or which occupies on a single parcel a to the person intending the development and in addi- structure or structures in excess of a ground area tion shall give public notice thereof by causing such of 60,000 square feet. notice to be published in some newspaper of general 24 25 (Title 38) (Title 38) circulation in the proposed locality, or if none, in permission to the person proposing such develop- the state paper; the date of the first publication to ment to construct or operate the same as proposed, be at least 10, and the last publication to be at least or granting such permission upon such terms and 3, days before the date of the hearing. conditions as the commission may deem advisable to protect and preserve the environment and the pub- At such hearing the commission shall solicit and lic's health, safety and general welfare. receive testimony to determine whether such de- velopment will in fact substantially affect the envi- Any person who has notified the commission, pur- ronment or pose a threat to the public's health, suant to section 483, of his intent to construct or safety or general welfare. operate a development shall immediately defer or suspend construction or operation with respect to The commission shall approve a development pro- such development until the commission has issued posal whenever it finds that: its order. 1. Financial capacity. The developer has the fi- Any person securing approval of the commission, nancial capacity and technical ability to meet state pursuant to this Article, shall maintain the financial air and water pollution control standards, and has capacity and technical ability to meet the state air made adequate provision for solid waste disposal, and water pollution control standards until he has the control of offensive odors, and the securing and complied with such. standards. maintenance of sufficient and healthful water sup- plies. 495. Failure to notify commission; hearing; 2. Traffic movement. The developer has made Injunction; orders adequate provision for traffic movement of all types The commission may at any time with respect to out of or into the development area. any person who has commenced construction or oper- 3. No adverse effect on the natural environment ation of any development without having first noti- The developer has made adequate provision for fit- fied the commission pursuant to section 483, schedule and conduct a public hearing in the manner provided ting the development harmoniously into the existing by section 484 with respect to such development. natural environment and that the development will not adversely affect existing uses, scenic character, The commission may request the Attorney General or natural resources in the municipality or in neigh- to enjoin any person, who has commenced construc- boring municipalities. tion or operation of any development without having first notified the commission pursuant to section 483, 4. Soil types. The proposed development will be from further construction or operation pending such built on soil types which are suitable to the nature hearing and order. Within 30 days of such reauest of the undertaking. the Attorney General shall bring an approprilate civil action. In case of a permanently installed power generat- ing facility of more than 1,000 kilowatts or a trans- In the event that the commission shall issue an mission line carrying 125 kilovolts or more proposed order, denying a person commencing construction or to be erected within this State by an electrical com- operation of any development without first having pany or companies, the proposed development, in notified the commission pursuant to section 483, per- addition to meeting the requirements of subsections mission to continue such construction or operation, 1 to 4, shall also have been approved by the Public it may further order such person to restore the area Utilities Commission under Title 35, section 13-A. affected by such construction or operation to its con- dition prior thereto or as near as may be, to the At hearings held under this section the burden satisfaction of the commission. shall be upon the person proposing the development 486. Enforcement to affirmatively demonstrate to the commission that each of the criteria for approval listed in the pre- All orders issued by the commission under this ceding paragraphs have been met, and that the pub- subchapter shall be enforced by the Attorney Gen- lic's health, safety and general welfare will be ade- eral. If compliance with any order of the commis- quately protected. sion is not had within the time period therein speci- fied, the commission shall immediately notify the Within 30 days after the commission adjourns any Attorney General of this fact. Within 30 days there- after the Attorney General shall bring an appro- hearing held under this section, it shall make find- priate civil action designed to secure compliance with ings of fact and issue an order granting or denying such order. 26 27 (Title 38) (Title 12) 497. Judicial review where the wetlands are located, of the time and place Any person aggrieved by any order of the Board of such hearing. of Environmental Protection, pursuant to this Article For purposes of this chapter, coastal wetland is may within 30 days after notice of such order, ap- defined as any swamp, marsh, bog, beach, flat or peal therefrom to the Supreme Judicial Court pur- other contiguous lowland above extreme low water suant to the provisions of Rule 73 (f) of the Maine which is subject to tidal action or normal storm flow- Rules of Civil Procedure. The proceedings shall not be de novo. Review shall be limited to the applica- age at any time excepting periods of maximum tion, the record of any hearing before and the order storm activity. of the board. The court shall decide whether the board acted regularly and within the scope of its When winter conditions prevent a municipality or authority, and whether the order is supported by the Wetlands Control Board from evaluating a per- substantial evidence, and on the basis of such de- mit application, the municipality or board upon noti cision may enter judgment affirming or nullifying fying the applicant of such fact may defer action on such determination. the application for up to 120 days. The applicant 488. Applicability shall not during the period of deferral remove, fill, This Article shall not apply to any development dredge, drain, or deposit sanitary sewage into, or in existence or in possession of applicable state or otherwise alter such coastal wetland. local licenses to operate or under construction on The results of the public hearing shall be reported January 1, 1970 or to any development the construe- to the Wetlands Control Board by the municipal tion and operation of which has been specifically oifficers within 7 days of such hearing. authorized by the UgisIature prior to May 9, 1970, or to public service corporation transmission lines, Each such application for permit filed with the except transmission lines carrying 125 kilovolts or municipality shall be accompanied by a permit fee more, nor shall it apply to the renewal or revision to be determined by the municipality to cover the of leases of parcels of land upon which a structure administrative and advertising costs of the munici- or structures have been located as of March 15, 1972. pality in processing the permit application. Coastal Wetlands S 470?. Permits Title 12 Permit to undertake the proposed alteration shall (note: wherever in the Revised Statutes the words be issued by the municipal officers within 90 days "Wetlands Control Board" appear they shall mean of such hearing providing both the municipality and "Board of Environmental Protection"). the Wetlands Control Board approve. Such permit 4701. Procedure; hearing may be conditioned upon the applicant amending his proposal to take whatever measures are deemed No person, agency or municipality shall remove, necessary by either the municipality or the Wet- fill, dredge, or otherwise alter any coastal wetland, lands Control Board to protect the public interest. or drain or deposit sanitary sewage into or on any Approval may be withheld by either the municipal coastal wetland, as defined herein, without first ob- officers or the board when in the opinion of either taining a valid permit. Application for permit, by body the proposal would threaten the public safety, written notice of intent to alter coastal wetlands, health or welfare, would adversely affect the value including such plans as may be necessary to describe or enjoyment of the property of abutting owners, the proposed activity, shall be filed with the munici- or would be damaging to the conservation of public pal officers in the municiPality affected and with the or private water supplies or of wildlife or fresh- Wetlands Control Board. Such notice shall be sent water, estuarine or marine fisheries. to each body by registered mail at least 60 days before such alteration is proposed to commence. The Every permit issued by municipal officers shall be municipal officers shall hold a public hearing on the recorded by the owner in the registry of deeds for proposal within 30 days of receipt of the notice and the county in which the wetland lies. Any permit Shall notify by mail the applicant, the Wetlands Con- not recorded within 30 days of its issuance shall be trol Board, abutting owners and the public by pub- void. All permits issued under this chapter shall ex- lication in a newspaper published in the county pire 3 years from the date of issuance. 28 29 (Title 1Z) (Title 12) 4703. Unorganized territory; 2 or more inal condition as Possible; said restoration to be un- municipalities dertaken and costs borne by the property owner. In the event that the activity is proposed within A violation is defined as any filling, dredging, an unorganized township, the county commissioners draining, depositing, altering or removal of materials shall act in the place of municipal officers. In the which takes place in coastal wetlands contrary to the provisions of a valid pprmit or without a permit event that the activity is proposed in 2 or more mu- having been issued, and without regard to whether nicipalities, the respective municipal officers shall act these physical acts were witnessed as they were be- concurrently. ing carried out or whether the action was willfully undertaken to avoid the intent of this chapter or 4704. Appeal only innocently undertaken. Any such filling, dredg- ing, draining, depositing, altering or removal of ma- Appeal may be taken to the Superior Court within terials shall be prima facie evidence that it was done 30 days after the denial of a permit or the issuance or caused to be done by the owner of such wetlands. of a conditional permit for the purpose of determin- ing whether the action appealed from so restricts Inland fish and game wardens, coastal wardens the use of the property as to deprive the owner of and all other law enforcement officers enumerated in the reasonable use thereof or which constitutes, the Section 2003, shall enforce this chapter. equivalent of a taking without compensation. 4706. Application (Subeh. II Zoning) Section 4701 shall not apply to any altemtion of 4751. Purpose wetlands undertaken as a bona fide emergency action Ile purpose of this subchapter is the promotion providing that the person undertaking such action of the public safety, health and welfare, the pro- notifies the municipal officers and the Wetlands Con- tection of public and private property and the con- trol Board within 3 days of commencing such action, servation of public or private water supplies, wild- and providing that such action does not result in life and freshwater, estuarine and marine fisheries. permanent alteration unless authorization be ob- tained pursuant to section 4701. 4751 Definition 4707. Exemptions For the purposes of this subchapter, "coastal wet- The Wetlands Control Board may by rule or regu- lands" are as defined in section 4701. lation exempt from this chapter such activity or ac- 475& Administration tivities or waive such procedural requirements as it deems not inconsistent with the purposes of this Ilia subehapter shall be administered by the chapter. Board of Environmental Protection. 470& Exception 5 4754. Orders Nothing in this chapter shall prohibit the normal The board may, from time to time, for the pur- maintenance or repair of presently existing ways, poses of this subehapter, adopt, amend, modify or roads or railroad beds nor Maintenance and repair repeal orders regulating, restricting or prohibiting of installations and facilities of any utility as de- dredging, filling, removing or otherwise altering any fined in Title 23, section 255, abutting or crossing coastal wetland, or draining or depositing sanitary said wetlands, provided no watercourse is substan- sewage into or on any coastal wetland, or otherwise tially altered. polluting the same. 4709. Violation 5 4755. Hearing Whoever violates or causes a violation of any pro- Ile board, before adopting, amending, modifying vision of this chapter shall be punished by a fine of or repealing any such order, shall hold a public not more than $5DO. hearing thereon in the municipality in which the The Superior Court shall also have jurisdiction to coastal wetlands to be affected are located, and shall restrain a continuing violation of this chapter at the give notice by mail to the municipal officers of such uit of any person and, if necessary, to preserve any municipalities and to each assessed owner of such 8 wetlands, and to the Department of Transportation of 'the values and purposes for which this chapter at least 21 days prior thereto, and to the public by Was passed, as outlined in section 4702, shall order publication in a newspaper published in the county a restoration of the affected area to as near its orig- 30 31 (Title 12) (Title 12) where the wetlands are located, of the time and main, the proceedings for such taking to be in ac- place of such hearing. cordance with Title 35, chapter 263. 4756. Recording Such wetlands or lesser interests therein, so taken, shall thereupon be under the jurisdiction and control Upon the adoption of any such order or any order of the board which shall hold the same for the pur- amending, modifying or repealing the same, the poses of this subchapter and issue rules and regula- board shall cause a copy thereof, together with a tions governing the use thereof. plan of the wetlands affected and a list of the as- sessed owners of such wetlands to be recorded in the Any violation of such rules and regulations shall registry of deeds for the county in which such wet- be punishable by a fine of not more than $100. lands are located, and shall mail a copy of such order 4758. Violation; penalty and plan to each assessed owner of such wetlands affected thereby, by registered or certified mail, re- M%oever violates or causes a violation of any such turn receipt requested. order of the board or of any provision of this sub- chapter, shall be punished by a fine of not more than 4757. Appeal procedure $500. Any person having a recorded interest in wetlands The Superior Court shall have jurisdiction to re- affected by any such order of the board may, within strain a continuing violation of any such order or of 90 days after notice thereof, appeal to the Superior any Provision of this subehapter at the suit of any Court for the county in which the wetland is situated Person and, if necessary to Preserve any of the val- for the purpose of determining whether such order so ue3 and Purposes for which this subehapter was restricts the use of the property as to deprive the passed, shall order a restoration of the affected area owner of the reasonable use thereof or constitutes to as near its original condition as Possible, said re3- the equivalent of a taking without compensation. If toration to be undertaken and costs borne by the the court so finds, it shall enter a decree that such Property owner. order shall not apply to the wetland of the appellant, provided that such decree shall not affect any wet- land other than that of the appellant. The appeal Dredging, Dischugmg shall be the exclusive method of determining the Title 38 validity of said order of the board. Any decree that such order constitutes the equivalent of a taking 417. Certain deposits and discharges prohibited without compensation shall not entitle the appellant or any other person to petition for the assessment -NO Person, firm, corporation or other legal entity of damages by reason of the adoption of such order. shall place, deposit or discharge, directly or indirect. The board shall cause a copy of such decree to be ly into the inland waters or tidal waters of this recorded in the registry of deeds for the county in State, or on the ice thereof, or on the banks thereof in which the wetland is situated. After a decree has such a manner that the same may fall or be washed been entered providing that any such order of the into such waters, or in such manner that the drain. board shall not apply to the wetland involved in the age therefrom May flow or leach into such waters, appeal, the board may, after causing an appraisal any of the following, except as otherwise provided to be made, negotiate for the purchase of. such wet- by law: land, if it deems that acquisition of the same is nec- A. ]Forest products refuse. Any slabs, edgings, essary for the purposes of section 4702 or 4751. If sawdust, shavings, chips, bark or other forest purchase, or a written agreement therefor, has not products refuse; been effected within 60 days after negotiations have begun, and the board determines that an emergency D. Potatoes. Any potatoes or any part or parts situation exists which would cause an immediate thereof; threat to the public safety, health and welfare, to the protection of public or private property, or to C. Refuse. Any scrap metal, junk, paper, gar- public or private salt water supplies, or to the con- bage. septic tank sludge, rubbish, old automobiles servation of wildlife or freshwater estuarine or ma- or similar refuse. rine fisheries, the board shall declare that the public 422. Dredging permits exigency requires the taking of such wetland, and, with the consent of the Governor and Council, may The Board of Environmental Protection may grant acquire in behalf of the State the fee of- such wet- permits for construction and maintenance of cause- land or any lesser interest therein by eminent do- ways, bridges, marinas, wharves and permanent 32 33 (Title 38) (Title 12) structures, or deposit of fill, in, on, or abutting 2203. Notice to commissioner of building of dam on great ponds or for dredging in great pond3. No person shall build any dam or other obstruction The board may, pursuant to the Administrative in any of the rivers, stream3 or brooks of this State Code, adopt, amend and repeal such regulations, without first filing written notice with the commis- establish such hearing procedures and charge such sioner. fees as it deems necessary to properly administer 2205. Bulldozing of rivers, streams and brooks this section. Fees collected shall accrue to the board and shall be expended by it for expenses incurred in Whoever bulldozes, causes to be bulldozed, fills or carrying out its duties, prescribed by this section. dredges between the banks of a river, stream or brook capable of floating watercraft, without first If the applicant for the permit demonstrates that obtaining permission from the commissioner, shall the proposed activity will not unreasonably interfere be guilty of a misdemeanor and upon conviction with existing recreational, navigational, scenic and shall be punished by a fine of not less than $100 nor aesthetic uses; nor otherwise unreasonably interfere more than $1,000. This section shall not apply to with or harm the natural environs of the great pond river, stream or brook crossings in connection with or tributary, river or stream; nor cause unreason- public works projects which shall alter not more than able soil erosion; nor unreasonably interfere with the 200 feet of shore nor to private crossing or dam natural flow of any waters; nor create or cause to projects which shall not alter more than 100 feet of be created unreasonable noise or traffic of any na- shore. ture; nor unreasonably harm any fish or wildlife habitat; nor lower the quality of any waters, to the satisfaction of the board, the board shall grant the permit upon such terms as it deems necessary to in- sure that the proposed activity will comply with the ALTERATION OF RIVERS, STREAMS foregoing standards. AND BROOKS Any individual person, firm, corporation, munici- pality, state agency or other legal entity who � 2206. Prohibitions dredges or removes or causes to be dredged or re- moved any materials from, or who erects, maintains No individual person, firm, corporation, munici- or causes to he erected or maintained any causeway, pality, state agency or other legal entity shall dredge bridge, marina, wharf, dock or permanent structure, or cause to be dredged, fill or cause to be filled, or or deposits fill, in, on, over or abutting on any great erect or cause to be erected a causeway, bridge, pond without a perinit from the board as provided marina, wharf, dock or other permanent structure, in this section shall be punished by a fine of not less in, on, over or abutting any river, stream or brook than $100 nor more than $200 for each day of such without first obtaining a permit therefor from the violation. commissioner. In the event of the violation of this section, the At- torney General may institute proceedings to enjoin � 2207. Permits; standards further violations and to compel restoration of the If the applicant for the permit demonstrates to affected area to its condition prior to the occurrence of the violation. the satisfaction of the commissioner that the pro- posed activity will not unreasonably interfere with For the purposes of this section "great pond" existing recreational and navigational uses; nor shall include any inland body of water which in its cause unreasonable soil erosion; nor unreasonably natural state has a surface area in excess of 10 interfere with the natural flow of any waters; nor @cres, and any body of water artificially formed or unreasonably harm any fish habitat or wildlife hab- increased which has a surface area in excess of 30 itat; nor lower the quality of any waters, the com- acres, the shore of which is owned by 2 or more per- missioner shall grant the permit upon such terms sons, firms, corporations or other legal entities. as he deems necessary to insure that the proposed activity will comply with the foregoing standards. Dam Building, Stream Bulldozing Title 12 In the event the river, stream or brook is utilized by a water company, a municipality or a water dis- (from the laws relating to, and administered by, the trict as a source of supply, the applicant for the Dept. of Inland Fisheries and Game) permit shall at the time of filing an application for- ward a copy of the application to the water company or water district by certified mail. 34 35 (Title 12) (Title 12) � 2208. Hearings; appeals � 2211. Injunction; restoration In the event that an application for a permit is In the event of the violation of this subehapter, denied, or that it is granted upon terms objection- the Attorney General may institute proceedings to able to the applicant, the applicant may, within 30 enjoin further violations and to compel restoration days of receipt of notice of such decision, file a of the affected area to its condition prior to the oc- notice of appeal with the commissioner. The com- curence of the violation. missioner may then, within 30 days of receipt of such notice of appeal, provide the applicant with the op- 221Z Exemptions portunity for a hearing which shall be before him or his designee, and of which a transcript shall be This subehapter shall not apply to Tiver, stream made. Any person aggrieved by an order or decision or brook crossings in connection with public works of the commissioner following such hearing may, projects which shall alter not more than a total of within 30 days of receipt of notice of such decision, 100 feet in any mile of shore nor to private crossing appeal therefrom to the Superior Court by filing a or dam projects which shall alter not more than a notice of appeal stating the points of appeal. Such total of 300 feet in any mile of shore. Alterations to appeal shall be heard by the court without a jury both shores of the river, stream or brook shall be in the manner and with the rights provided by law combined in arriving at a total shore footage. in other civil actions so heard. The proceedings shall not be de novo. The court shall receive into evidence This subehapter shall not apply to emergency re- true copies of the transcript of the hearing, the ex- pairs, mai'ntenance of railroad structures, track, or hibits thereto and the decision of the commissioner. roadbed within the located right-of-way of any rail- The court's review shall be limited to questions of road. law and whether the commissioner acted regularly and within the scope of his authority and the com- Sec. 2. Application. Chapter 84 of the Resolves missioner's decision shall be final so long as sup- of 1973, relative to authorizing the Town of Bingham ported by substantial evidence. The court may affirm, to remove sand bars at confluence of Austin Stream reverse or remand the commissioner's decision for and Kennebec River, shall be exempt from the pro- further proceedings. Appeals from all other orders visions of the Act for the duration of the town's or decisions of the commissioner, unless otherwise authority. specified by statute, shall be taken pursuant to the Main .e Rules of Civil Procedure, Rule 80B. Nuisances � 2209. Administration Title 17 The commissioner may, pursuant to the Adminis- 5 2802. Miscellaneous nuisances trative Code and based upon the standards provided in section 2207, adopt, amend and repeal such regula- The erection, continuance or use of any building tions, establish such hearing procedures and charge or place for the exercise of a trade, employment or such fees as he deems necessary to properly admin- manufacture which, by noxious exhalations, offensive ister this subehapter. Fees collected shall accrue to smells or other annoyances, becomes injurious and the department and shall be expended by it for ex- dangerous to the health, comfort or property of in- penses in carrying out its duties prescribed by this dividuals, or of the public; causing or permitting subehapter. abandoned wells or tin mining shafts to remain un. filled or uncovered to the injury or prejudice of oth- 2210. Penalties ers; causing or suffering any offal, filth or noisome substance to collect, or to remain in any place to Any individual person, firm, corporation, munici- the prejudice of others; obstructing or impeding, pality, state agency or other legal entity who dredges without legal authority, the passage of any navig- or causes to be dredged, fills or causes to be filled or abie river, harbor or collection of water; corrupting erects or causes to be erected any causeway, bridge, or rendering unwholesome or impure the water of a marina, wharf, dock or other permanent structure river, stream or pond; unlawfully diverting it from in, on, over or abutting any river, stream or brook its natural course or state, to the injury or prejudice without a permit from the commissioner shall be of others; and the obstructing or encumbering by punished by a fine of not less than $100 nor more fences, buildings or otherwise, of highways, private than $200 for each day of such violation. ways, streets, alleys, commons, common landing places or burying grounds are nuisances within the 36 (Title 17) ADDITIONAL LEGISLATION limitations and exceptions mentioned. Any places where one or more old, discarded, worn out or junked Laws relating to, and administered by, the Department of motor vehicles as defined in Title 29, section 1,sub- Environmental Protection, as portrayed in a series of pam- section 7, or parts thereof, are gathered together, phlets (pamphlet titles have been adapted for case of kept, deposited or allowed to accumulate, in such ieference): manner or in such location or situation, either with- in or without the limits of any highway, as to be unsightly, detracting from the natural scenery or injurious to the comfort and happiness of individuals and the public, and injurious to property rights, an declared to be public nuisances. 1. Department of Environmental Protection Title 38 M.R.S.A. See. 341-2, 361-3, 366, 372, 415, 419, 454 2. Site Selection Ad Tide 38 M.R.S.A. Sec. 481-8 3. Water Pollution Title 38 M.R.S.A. Sec. 361-A, 365, 367, 411-20. 423, 451-4 4. Classification ot Waters Title 38 M.R.S.A. Sec. 363-4, 368-9, 370-71 5. Great Ponds Program Title 38 M.R.S.A. Sec. 380-85 6. minimum Lot size, Mandatory shoreland Zoning, Dredging Permits Title 12 M.R.S.A. Sec. 4807-4807-G Tide 12 M.R.S.A. Sec. 4811-14 Title 38 M.R.SA. Sec. 422 7. Wetlands Title 12 M.R.S.A. Sec. 4701-04, 4706-09, 4751-8 8. Solid Waste Title 38 M.R.S.A. Sec. 417, 421, 1301-08 Title 30 M.R.S.A. Sec. 4104-05 9. Sanitary District Enabling Act Tide 38 M.R.S.A. Sec. 1551-66 10. Oil Discharge Prevention Title 38 M.R.S.A. Sec. 532-57 11. Mining and the Rehabilitation of Land Title 10 M.R.S.A. Sec. 2201-16 12. Sewage Treatment Operators Tide 32 M.R.S.A. Sec. 4172-82 38 39 Laws relating to, and administered by, the Maine Bureau of Forestry: 1. Dumps, Fire Prevention Measures Title 12 M.R.S.A. Sec. 1351-5 2. Roadside Harvesting Prohibitions Tide 12 M.R.S.A. Sec. 519 3. Slash Disposal Tide 12 M.R.S.A. Sec. 1551-5 4. Maine coastal Island Registry Tide 33 M.R.S.A. Sec. 1201-17 Rules and Regulations of the Maine Department of Health and Welfare, available in pamphlet form: 1. State Plumbing Code 2. Private Sewage Bulletin (extract from State Plumbing Code with explanatory material) 3. Rules and Regulations relating to recreational and overnight camps 4. Rules and Regulations relating to mobile home parks and camping areas Publications available from the Maine Municipal Associ- ation: 1. Municipal Laws, 1973 edition (price, $10 to non- members) contains all of Title 30 and selections from other titles 40 S I'A IE, OF MAINE 6 IN Ti[E YEA11, OF OUIZ [.()ND NfNF,-Tl-",EN 11UNDIZED S I --I V fNTY - FO U R H- P- 1977-L. D. 2518 AN ACT Establishing a State Register of Critical Areas. Be it enacted by the People of the State of Maine, as follows: ed Statutes is Sec. i. R. S., T. 5, c- 312, additional. Title 5 Of tl1e Revis amended by adding a new chapter 312 to read as follows: CHAPTER 312 STATE REGISTER OF CRITICAL AREAS � 3310. Title This chapter shall be known and may be cited as the "Act for a State Register of Critical Areas." � 3311. Findings; declaration of purpose The Legislature finds that the State of Maine has an overriding interest in the optimum development and preservation of certain land and water areas of the State. It is hereby found and determined that sites or areas of unusual natural, scenic, scien'tific or historical significance are areas of such overrid- ing state interest. It shall be the policy of the State to encourage the preser- vation and utilization of'these areas through land use planning, regulation and protective acquisition or management as -appropriate, commensurate with controlled economic growth and devc-lopment. These areas of unusual natural, scenic, scientific or historical intcrest should be inventoric-d to facili- tate their preservation for present and future generations. This task has been begun by certain state agencies, as well as private groups. The Legislature directs that a state-wide inventory and an official, authoritative listing of such natural, scenic, scientific and historical areas of overriding state interest be made by the State Planning Office as part of its overall responsibility for comprehensive state-wide planning and coordination of the planning and con- servation efforts of state and local ageacies. The official listing shall be known as the "Register of Critical Areas" and may be referred to as the register." A Critical Areas Advisory Board sball be created to advise the State Planning Office in the identification of areas to be included in the register and to coordinate the use and enhance the conservation of all designated critical areas included in said register. � 3312. Definitions As used in this chapter, unless the context otherwise indicates, the follow- ing words shall have the following meanings: ozy board. "Advisz)ry board" shall marin tlha @ilaine Critical Y Riard lie-reinafter created. 2 Criiical aream "Critical areaq` mean areas containing 0. po-entially containing plant and animal life or geological features worthy of preserva- tion in their natural condition, or other natural features of significant scenic, scientific or historical value. 3- Register of Critical Areas. "Register of Critical Areas" means the official record and inventory of natural areas established and maintained by the State Planning Office. � 3313. Maine Critical Areas Advisory Board There is hereby created a Maine Critical Areas Advisory Board to advise and assist the State Planning Office in the establishment and maintenance of the ]Register of Critical Areas. The Maine Critical Areas Advisory Board, hereinafter in this chapter referred to as the "board," shall be appointed by the Governor with the approval of the Council and shall be convened by the State Plannino, Office and shall consist of ix members, one of whom shall be a permanent member. x. Permanent member. The one permanent member of the board shall be the appointed designee or the director of the State Planning Office. 2. Additional members. There shall be io additional members of the. board who shall serve for terms Of 3 years respectively, except that initially, 3 members shall be appointed whose terms shall expire at the end of one year, 3 members whose terms shall expire in 2 years, and 4 members whose initial terms will expire at the end Of 3 years. 3. Officers. The board shall annually select from its membership a chairman and a secretary, and said board shall meet not less than 'twice a year at the call of the chairman or a majority of the members. The State Planning Office shall furnish clerical, technical and other services required by the board in the performance of its official duties. 4. Quorum; records. A quorum of the board for the transaction of busi- ness shall be 7members. The secretary of the board shall keep a record of all proceedings of the board, which record shall be a public record. 5. Rules and regulations. The board may adopt and promulgate rules and regulations governing the conduct of its business. 6. Expenses. Members of the board shall receive no compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. � 3314. Register of Critical Areas z. Register of Critical Areas. The State Planning Office, with the advice and approval of the board, shall establish a Register of Critical Areas, which shall contain an inventory of sites and areas of significant natural, scenic, scientific or historic value duly classified as "critical areas" as defined in section 3312. In determining the classification of an area'or site as a critical area, the State Planning Office shall consider, inter alia: A. The unique or exemplary natural qualities of the area or site; B. The intrinsic fragility of the area or site to alteration or destruction; C. The present or future threat of alteration or destruction; 1138- imp ications of inclus-on of a critcal area @,n the register. 2. [email protected],vner coasultation. No area or site classified as a critical area bliall Le -nCluder! in the registet without notification of the landowner at least 6o days prior to such classification. Each critical area listed in the register shall include: A. A general description of the area or site; B. A list of its unique or exemplary qualities and reasons for inclusion in the register; C. Its size and location; D. The name or names of the property owner, contingent upon the con- sent of the owner, 3. Recommenda tions. The State Plannin- Office shall recommend to M appropriate state agencies which possess the authority to acquire property rights, through devise, gift, purchase, or otherwise, and which also possess the authority to contract with private property owners, the acquisition of property rights or the eStablishment of management agreements which will insure the protection of critical areas on the register whose natural qualities are threatened with adverse alteration or destruction. The State Planning Office may also recommend the acquisition of property rights or consumma- tion of contrictual management agreements regarding any critical area listed in the register to any state agency, political subdivision of the State or pri- vate citizens who have demonstrated interest in the protection of critical areas. 4. Alterations. The Critical Areas Advisory Board shall be advised by the present or prospective owner of any proposed alteration or change in the Use or character of any area listed in the Register of.Critical Areas. No alteration or change' in use or character shall take place for 6o days subse- quent to such notification unless a release is issued by the Critical Arcas Advisory Board. 5. Removal of listed areas. The State Planning Office, with the advice and approval of the Maine Critical Areas Advisory Board, may remove any critical area listed in.the register, when it shall determine that such protec- tion as afforded under inclusion in the register is no longer necessary or appropriate. Sec. 2. Appropriation. There is appropriated from the General Fund the sum Of $30,000 for the fiscal year endin- June 3o, 1975 to carry out the purposes of this Act. 133S-3 APPENDIX 4 PROPOSED EXECUTIVE ORDER ESTABLISHING A GOVERNOR'S CABINET COMITTEE ON LAND USE FOR MANAGEMENT COORDINATION AND CLARIFICTION OF STATE POLICY WITH RESPECT TO PRIORITY USES FOR THE @'IAINE COASTAL 7ONE, Preliminar y Draft for discussion purposes only -EXECUTIVE ORDER Office of No. The Governor Date AN ORDER ESTABLISHING A GOVERNOR'S CABINET COMMITTEE ON LAND USE FOR MANAGEMENT COORDINATION -AND CLARIFICATION OF STATE POLICY WITH RESPECT TO PRIORITY OF USES FOR THE MAINE COASTAL ZONE. WHEREAS, the Legislature has, in several separate but related statements of legislative policy, stated its intentions that the Maine coast is an invaluable resource to this state and has determined that certain uses of thatcoastline have a higher priority than others, and WHEREAS/ the F*ederal Government has expressed in the Pederal Coastal Zone Manage- ment Act of 1972 its interest in improving the capabilities of states for managing their coastal zone by making federal financial assistance ava'ilqble, and by requiring federal agencies to be consistent with approved state coastal zone management plans, and WHEREAS1 the Governor through the State Planning Office is authorized to coordinate the development of a comprehensive plan for the state, and the Maine Coastal Plan as a first priority segment of that comprehensive plan requires the means for expressing the state's interest in such a plan, and WHEREAS, the Governor through the State Planning Office has established a coastal planning process which requires the coordination of state land use oriented agencies with federall regional, and local planning and management efforts in a manner which provides a framework of organization which will eliminate duplication and confusion in the regu- lation of land use in the coastal zonel and WHEREAS,, the Governor through the State Planning Office in consultation with federal, state, regional, and local interests has determined that the state possesses the proper legislative provisions for adequately managing its coastal zone insofar as presently possible, provided the administration of these legislative provisions is undertaken in a fashion con- sistent with good planning and management and within an identifiable organizational system, NOW, THEREFORE, 1, JAMES B. LONGLEY, Governor of the State of Maine, by virtue of the authority vested in me, do hereby establish a Governor's Cabinet Committee on Land Use to review, revise and update priorities and policies for land use in the coastal zone. The Committee will consist of the commissioners of the principal agencies with an interest in land use which will include the Department of Transportation, the Department of Inland Fisheries and Game, the Department of Conservation, the Department of Marine Resources, -2- the Department of Environmental Protection, the Public Utilities Commission, the Depart- ment of Agriculture, the Department of Commerce and Industry, the Department of Finance and Administration - Bureau of Taxation/ the Attorney General's office, and will be chaired by the Director of the State Planning Office. 41@ The purpose of this Cabinet Committee will be to review existing policies for coastal land use; recommend, where appropriate, executive or legislative clarifications of these policies; outline changes in the operational policies and practices of the state agencies affecting coastal land use; and review and coordinate regional land use policies so as to reflect over- all state policy. In addition, the Cabinet Committee will take the necessary steps required to incorporate land and water capability analyses of coastal areas as an essential element in guiding state development permit reviews and other enforcement activities. Finally, I also direct the chairman of the Cabinet Committee on Land Use to submit periodic reports to me on the adequacy of state policies in guiding state land use management and regulatory activities. These reports shall detail the administration of department operations on the basis of the policies that exist and, where appropriate, shall state the reasons for the infeasibility of particular policies and shall propose alternatives or additions when iustified. 41 APPENDix 5 AN INTRODUCTION TO THE MAINE COASTAL PLAN A 4 A : 11 - ; i , - , lk 4 i . JIMMIIIIIIIIIIII @ 3 6668 14102 3129