Maine
Maine’s zoning maze shows us reform can’t wait | Opinion
Sara Bronin is the founder of the National Zoning Atlas, a George Washington University law professor and author of “Key to the City: How Zoning Shapes Our World.”
Over the last few years, the nonprofit National Zoning Atlas team has set out to map every zoning code in America to do one simple thing: let the public see how their communities regulate land. We developed this goal because zoning rules can have big impacts: they dictate to property owners what they can do with their properties.
Before we started work in Maine last spring, we would have never guessed that Maine’s codes would be the most bureaucratic and convoluted of the 30-plus states we’ve worked. We thought that Maine’s relatively small population and few urban centers — not to mention its proud commitment to property rights and personal freedom — would mean the codes would be short and straightforward.
We couldn’t have been more wrong.
We can say authoritatively that Maine’s zoning is far out of the norm because we’ve analyzed zoning conditions in nearly 9,000 cities, towns and counties across America, and we’ve read over a million pages of zoning codes. We’ve become experts in analyzing the arcana of minimum lot sizes, setbacks, height caps and parking mandates.
In Maine, we started first in Washington County. More recently, through a partnership with GrowSmart Maine, we’ve completed analysis of zoning in and around Portland.
Well, mostly completed. Of the 123 jurisdictions we have reviewed so far (of Maine’s 496 total with zoning authority), 17 never provided a full copy of their zoning text, map or both.
The texts we could find — totaling 17,500 pages — revealed that Maine appears to have some of the longest zoning codes in the country. New Hampshire, with roughly the same population, has half the number of jurisdictions exercising zoning, and zoning codes half as long as Maine’s.
And when we located maps, some existed only as grainy, pixelated PDFs with faded lines and unclear boundaries. Others existed only in paper copy, not online.
What’s worse, Maine piles “shoreland zoning” on top of zoning. Shoreland zoning was created to protect water quality, but it’s hard to see how it achieves this goal. Zoning maps and shoreland zoning maps often conflict or don’t match up, and too often codes refer to outdated or inconsistent data about wetlands and watercourses. Even analysts who had handled notoriously complicated coastal zoning in California struggled to make sense of Maine’s regime.
When we had questions about interpreting texts and maps, we often had nowhere to turn. That’s because many of the 123 jurisdictions were very small towns, with part-time staff, or no staff at all. If our trained analysts cannot make sense of the rules, and no one’s on the other end of the line, it’s unrealistic to expect homeowners, builders or neighbors to do so. We imagine that many well-intentioned local officials feel caught administering systems that no one fully understands.
State legislators have taken action on zoning — primarily to promote more housing. They recently expanded opportunities for multifamily housing and made it easier to build accessory dwelling units. These are laudable and necessary reforms. Our analysis so far shows that only 15% of residential land allows multi-family housing by right, and more than half of single-family land bans accessory dwellings.
But legislators have not tackled a more fundamental need exposed by our Maine Zoning Atlas: to simplify and clarify the state’s land use regulatory framework. Property owners and policymakers alike experience zoning as a maze, where they must navigate missing information, conflicting requirements and procedural runaround.
To provide a way out, next legislative session, state lawmakers should consider requiring zoning codes to be available to the public online. Or requiring maps to be legible, with shoreland zoning clearly mapped. How can people be bound by rules they cannot find, or understand?
Legislators should also consider legalizing — and providing incentives for — local governments to share resources in land use administration. Small towns might be more empowered to achieve their land use goals if they have the tools and manpower they need to interpret and enforce their own zoning codes. Legislators might also rethink shoreland zoning altogether.
I’d like to say our nonprofit is eager to find funding to finish our analysis in Maine. But honestly, it’s been a bit of a nightmare.
For the sake of our team — and anyone else trying to make sense of zoning in Maine — I urge people in power to take action to streamline the state’s regulatory framework. There’s just no reason Maine’s land use rules should be the most complicated in the country.
Maine
Amtrak train strikes, kills man in Old Orchard Beach, Maine
A 51-year-old man was fatally struck by an Amtrak train in Old Orchard Beach, Maine, on Thursday afternoon, and police believe alcohol was a factor.
Old Orchard Beach Police say they responded around 2:18 p.m. to the area of the railroad tracks located off from the roadway near 133 Temple Avenue. The victim, who had been struck by a train traveling northbound, was pronounced dead at the scene.
Information obtained from witnesses suggests the man was traveling alone and walking nearby the railroad tracks moments before being struck by the train, according to police, who didn’t say why they believe alcohol was a factor in the incident.
The victim’s name is being withheld pending further investigation and notification, with police saying only that he was from Old Orchard Beach.
Amtrak said in a statement obtained by NBC10 Boston affiliate News Center Maine that the individual was trespassing when he came into contact with the train.
Amtrak urged the public in its statement to stay off railroad property and use caution around railroad tracks and grade crossings, writing, “These incidents can affect everyone involved—those who are injured or die and their families, our train crews, and our passengers.”
There were no reported injuries among the 135 passengers and crew members abord the No. 683 train that was traveling from Boston to Brunswick until the incident happened on Thursday.
The added that preventing railroad incidents and fatalities is a priority for them. Amtrak is working with local authorities investigating this latest incident.
An investigation remains ongoing by the Old Orchard Beach Police Department, Amtrak Police and Saco Police Department, which responded to assist.
Maine
High bacteria advisories reported at multiple Maine swimming spots
PORTLAND (WGME) — Wednesday afternoon, Tassel Top Park officials posted on social media, reporting the beach was temporarily closed to swimming after routine testing found elevated levels of E. coli in the water.
Anna Goodnik, a visitor at the park, says she was disappointed to learn she could not swim.
“It’s a beautiful lake. I feel so sorry, it’s too bad this happened,” Goodnik said.
She says she drove from Portland to visit the park.
“Very sad because I came from Portland, I drove 40 minutes,” Goodnik said.
Goodnik says she has been coming to Tassel Top Park for 15 years and that while the park remained open, she was hoping to get in the water.
“The water is so smooth right now, I would just like to swim in it,” Goodnik said.
Raymond Town Manager Glenn Michalowski said in a statement that the Portland Water District provides weekly test results for 18 locations around Sebago Lake. Tassel Top Beach was closed for swimming because E. coli levels exceeded state water quality standards.
Michalowski said testing indicated the presence of waterfowl in the area, which can contribute to elevated bacterial levels. The statement also noted that high E. coli counts after rain events and in areas with waterfowl activity are a normal occurrence across Maine beaches and recreational water areas.
Ben Peierls, research director at the Lakes Environmental Association, says warmer water can lead to more bacterial growth.
“When water gets warmer, there’s more growth of bacteria,” Peierls said.
Peierls says E. coli can come from animals such as birds, dogs and other wildlife, or from human waste. He says this time of year can bring rain and runoff that carries contaminants into lakes.
“This time of year, there’s lot of rain and runoff materials coming into lakes, and it’s coming from sources where there may have been that fecal material, and it gets washed into lakes and it shows up in places people could be recreating,” Peierls said.
Tassel Top is not the only location reporting elevated bacteria levels. Ferry Beach in Scarborough and East End Beach in Portland also reported results above Maine’s safety threshold for enterococci in marine waters.
Town officials say Tassel Top Beach will reopen once retesting confirms the water has returned to safe levels, and residents will be notified when the closure is lifted. Swimming can resume once weekly testing confirms water quality is back within safe limits.
To check the status of all beaches in the state, click here.
Maine
Person hospitalized after shed fire in Harpswell
HARPSWELL (WGME) — The Maine State Fire Marshal’s Office says a person was hospitalized after a shed fire Wednesday night.
Firefighters were called to 23 Smokehouse Road in Harpswell for a shed fire around 7 p.m.
Crews quickly put out the fire and kept it from spreading into the woods.
An unhoused person who had been living in the shed suffered burns and smoke inhalation.
They were taken to Maine Medical Center for treatment.
Investigators believe the fire may have been electrical in nature.
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The fire remains under investigation.
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