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An Act To Amend the Shoreland Zoning Laws To Allow Pedestrian Walkways and Trails That Exclude Motorized Vehicles within the Shoreland Zone
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §439-A, sub-§4-D  is enacted to read:
 
4-D.  Exemption from setback requirements for pedestrian walkways and trails.     In accordance with the provisions of this subsection, a municipality may adopt an ordinance that exempts pedestrian walkways and trails from the water and wetland setback requirements otherwise applicable under this section.
 
A.  Notwithstanding subsection 4, a municipality may adopt an ordinance pursuant to this subsection that exempts a pedestrian walkway or trail from the otherwise applicable water or wetland setbacks if the following requirements are met:
 
(1) Use of motorized vehicles is prohibited on all positions of the pedestrian walkway or trail that are located within the shoreland zone as established by section 435, except that use of a motorized wheelchair, motorized scooter or similar motorized assistive device by a person with a disability that prevents the person from using a walkway or trail without a motorized assistive device may be allowed. Use of nonmotorized vehicles, including, but not limited to, bicycles, may be allowed;
 
(2) If cantilevered over a water body or wetland within the shoreland zone as established by section 435, the pedestrian walkway or trail does not extend over the water body or wetland more than 10 feet from the normal high-water line;
 
(3) If cantilevered over a water body or wetland within the shoreland zone as established by section 435, the pedestrian walkway or trail is attached to a structure that was constructed prior to 1971 and that is located within the shoreland zone;
 
(4) If the walkway or trail is cantilevered over a water body or wetland within the shoreland zone as established by section 435, the municipal planning board has determined there is no other practical means to construct the pedestrian walkway or trail without cantilevering over that segment of the water body or wetland. If there are no other practical means to construct the pedestrian walkway or trail, approaches to the cantilevered walkway or trail may also cantilever off adjacent retaining walls but no more than is necessary to access the cantilevered walkway or trail;
 
(5) The pedestrian walkway or trail is not located within a shoreland area zoned for resource protection;
 
(6) The pedestrian walkway or trail is located within a shoreland area that has previously been developed or, if located within a shoreland area that has not previously been developed, the walkway or trail is set back at least 25 feet from the normal high-water line of the water body or wetland;
 
(7) The pedestrian walkway or trail is constructed by a contractor certified in erosion control pursuant to section 439-B; and
 
(8) The pedestrian walkway or trail is owned and maintained either publicly or as a public-private partnership.
 
B.  Except for the water and wetland setback requirements in subsection 4, a pedestrian walkway or trail that meets the requirements of this subsection must meet all other state and local permit requirements and comply with all other applicable rules.
 
SUMMARY
This bill amends the shoreland zoning laws to authorize a municipality to adopt an ordinance that exempts pedestrian walkways or trails within the shoreland zone from otherwise applicable setback requirements so long as use of motorized vehicles, other than motorized assistive devices, is prohibited on the walkway or trail and the ordinance maintains certain other protective standards. Any allowed walkway or trail must meet all other state and local permit requirements and comply with all other applicable rules.