January 2024 Storm Damage Resources

As the property owners of Harpswell begin to recover from the unprecedented January 2024 storms, the Code Enforcement Office is working to ensure all property damage is built back to the highest quality standards.

Damage to a structure

Any structure undergoing work post-storm, whether or not it is functionally water dependent, that is in a Special Flood Hazard Area (flood zone), requires a flood hazard permit and Shoreland Use Permit from the Code Enforcement Office, as well as a permit from the Maine DEP.

If a dwelling or accessory residential structure was damaged, it will go through two reviews as part of the permitting process:

Did the structure receive substantial damage or will require substantial improvements to repair? These standards can be found in the Harpswell Floodplain Management Ordinance.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the ”start of construction’’ of the improvement.

Can the structure be moved to be more conforming to the setback requirements in the Harpswell Shoreland Zoning Ordinance?

In determining whether the building relocation meets the setback to the greatest practical extent, the Code Enforcement Officer shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic systems and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.
Depending on the proposed project and amount of damage the structure received, the application may be subject to jurisdictional review by the Planning Board.

Erosion & shoreline damage

Any soil disturbance within 75' of the Highest Annual Tide (HAT) of a coastal wetland require a Shoreland Use Permit from the Code Enforcement Office as well as a permit from the Maine DEP.

Tree removal

Removal of any trees within 75' of the HAT requires review by the Code Enforcement Office. This includes storm damaged trees and hazard trees.

Resources:

Permit-by-Rule vs. NRPA permit from the Maine DEP - which type permit do I need?

Permitting Guidance for Storm Recovery Activities from the Maine DEP

FEMA Substantial Damage Quick Guide for structures that sustained damage in the storm

Harpswell Shoreland Use Application - Much of this application is geared towards new piers, docks and wharves. A plot plan, project diagrams and drawings, and pictures will be required for every application regardless of the project.

Permitting Guidance from the Army Corps of Engineers