Shoreland Zoning

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

Applicability. Shoreland Zoning applies to (see Shoreland Zoning Map):

All land areas within 250 feet, horizontal distance, of

• the normal high-water line of any great pond or river, which in Hampden includes Ben Annis Pond, Hammond Pond, Hermon Pond, Patten Pond, Souadabscook Stream, and the West Branch of Souadabscook Stream from the confluence with Brown Brook downstream; 
• the upland edge of a coastal wetland, including all areas affected by tidal action, which in Hampden is the Penobscot River; or
• the upland edge of a freshwater wetland.

&

All land areas within 75 feet, horizontal distance, of the normal high-water line of a stream.

The Town of Hampden Shoreland Zoning does not apply to any structure built on, over or abutting a dock, wharf, pier, or other structure extending or located below the normal high-water line of a water body or within a wetland; such structures are subject to other regulatory bodies.

Establishment of Districts

Resource Protection District (RP). The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district includes the following areas that fall within 250 feet, horizontal distance, of the normal high-water line of any great pond or river (see the definitions of “great pond” and “river” for a listing of these in Hampden), or of the upland edge of the Penobscot River (classified as coastal wetland), or the upland edge of a freshwater wetland, except where other shoreland districts apply:

• Floodplains along rivers including artificially formed great ponds along rivers, and adjacent to tidal waters (the Penobscot River) defined by the 100 year (a.k.a. 1% chance in any given year) floodplain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.
• Areas of two or more contiguous acres with sustained slopes of 20% or greater.
• Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a water body during the period of normal high water.
• Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement, and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.

Limited Residential District (LR). The Limited Residential District includes those areas within 250 feet, horizontal distance, of the shoreline that are suitable for residential and recreational development. It includes areas other than those in the Resource Protection or Stream Protection Districts and areas which are used less intensively than those in the General Development Districts.

General Development 1 District (GD1). The General Development 1 District includes the following types of existing, intensively developed areas:

• Areas of two or more contiguous acres devoted to commercial, industrial or intensive recreational activities, or a mix of such activities, including but not limited to the following:
• Areas devoted to manufacturing, fabricating or other industrial activities;
• Areas devoted to wholesaling, warehousing, retail trade and service activities, or other commercial activities; and
• Areas devoted to intensive recreational development and activities, such as, but not limited to amusement parks, race tracks and fairgrounds.
• Areas otherwise discernible as having patterns of intensive commercial, industrial or recreational uses.
• Portions of the General Development 1 District may also include residential development, but such residential uses may not be a majority of the uses in the district.

General Development 2 District (GD2). The General Development 2 District includes the same types of areas as the General Development 1 District but is to be used whenever any new areas are to be designated General Development (i.e. any area to be designated GD is automatically GD2, for the purpose of differentiating between those areas already developed as of the original date of adoption of shoreland zoning and newly developing areas).

There will be no newly established GD2 districts, including as expansions of existing GD1 districts, in areas adjacent to great ponds classified GPA or adjacent to rivers flowing to great ponds classified GPA.

Stream Protection District (SP). The Stream Protection District includes all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas zoned Resource Protection. See the definition of “stream” for a list of streams in Hampden.

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

Key to Table 1:

Yes -    Allowed (no shoreland permit required; must comply with other ordinances and codes.)

No -     Prohibited

PB -     Allowed with permit issued by the Planning Board.

CEO -  Allowed with permit issued by the Code Enforcement Officer

LPI -    Allowed with permit issued by the Local Plumbing Inspector

            District Abbreviations:

SP -           Stream Protection

RP -           Resource Protection

LR -           Limited Residential

GD -          General Development

                  (includes GD1 & GD2)

Footnotes:
1 - In RP not allowed within 75 feet horizontal distance, of the normal high-water line of great ponds, except to remove safety hazards.
2 - Requires permit from the Code Enforcement Officer if more than 100 square feet of surface area, in total, is disturbed.
3 - In RP not allowed in areas so designated because of wildlife value.
4 - Provided that a variance from the setback requirement is obtained from the Board of Appeals.
5 - Functionally water-dependent uses and uses accessory to such water dependent uses only.
6 - See further restrictions in Section 15( K)(2).
7 - Except when area is zoned for resource protection due to floodplain criteria in which case a permit is required from the PB.
8 - Except as provided in Section 15(G)(4).
9 - Single family residential structures may be allowed by special exception only according to the provisions of Section 16(E), Special Exceptions. Two-family residential structures are prohibited.
10 - Except for commercial uses otherwise listed in this Table, such as marinas and campgrounds, that are allowed in the respective district.
11 - Excluding bridges and other crossings not involving earthwork, in which case no permit is required.
12 - Permit not required, but must file a written “notice of intent to construct” with CEO.
13 - All clearing activities must be supervised by a licensed forester or arborist.