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Developer Mike wants to build a new seasonal cabin on a parcel of land located 200 feet from a river in Maine that is subject to shoreland zoning. The local municipality has adopted the state's minimum shoreland zoning standards. Mike asks his broker, Lisa, whether he can proceed with construction. Based on Maine's Shoreland Zoning Act, which statement best describes the situation?

Correct Answer

C) Mike's proposed construction falls within the 250-foot shoreland zone and will be subject to municipal shoreland zoning restrictions, including setback and vegetation buffer rules.

Under Maine's Shoreland Zoning Act (38 M.R.S. §§ 435–449), the 250-foot regulated zone applies not only to ocean frontage but also to rivers, great ponds, tidal areas, and wetlands. Because Mike's parcel is 200 feet from the river, it falls squarely within the 250-foot shoreland zone. The municipality's adopted ordinance will impose setback requirements, vegetation buffer rules, and limitations on impervious surfaces. Lisa must advise Mike that local shoreland zoning approval is required before construction can proceed.

Answer Options
A
Mike may build freely because the parcel is more than 100 feet from the river, which satisfies the minimum federal setback requirement.
B
Mike may build without restriction because shoreland zoning applies only to ocean frontage and tidal waters in Maine.
C
Mike's proposed construction falls within the 250-foot shoreland zone and will be subject to municipal shoreland zoning restrictions, including setback and vegetation buffer rules.
D
Mike's proposed construction is exempt from shoreland zoning because rivers are regulated by the Army Corps of Engineers, not the state of Maine.

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Related Topics & Key Terms

Key Terms:

shoreland_zoningriversdevelopment_restrictionssetback_requirementsagent_advisory_duty

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