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An Act Regarding the Construction or Placement of Decks within the Shoreland Zone
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §439-A, sub-§10  is enacted to read:
 
10.  Decks.     A municipality may adopt an ordinance pursuant to this subsection that allows the construction or placement of a deck within the setbacks established pursuant to subsection 4 if the following requirements are met:
 
A.  The deck is for residential use or storage of portable docks and small watercraft;
 
B.  The deck or construction or placement of the deck does not create a cleared opening greater than 250 square feet in the forest canopy;
 
C.  The deck does not exceed 192 square feet in area;
 
D.  The deck does not extend over the water body or wetland; and
 
E.  No portion of the deck, including any deck support, extends into the water body or wetland.
 
A person who applies for a permit under an ordinance adopted pursuant to this subsection must receive that permit prior to applying to the department for a permit under the Natural Resources Protection Act.
 
SUMMARY
This bill allows municipalities to adopt ordinances that allow the construction or placement of a deck within the setbacks established pursuant to the laws governing shoreland zoning as long as certain requirements are met.