Information Sheet
Potential Effects of the Edwards Dam Removal on Shorefront Property Owners Along the Kennebec River

Date:  December 2000       Contact:  Rich Baker (207) 287-3901

Issue Summary

On July 1, 1999, the Edwards Dam in Augusta was breached, lowering the Kennebec River level at the dam site by approximately 10 vertical feet. As a result, water levels in the river have changed between Augusta and Waterville/Winslow. Along much of this stretch of river the normal high-water line will likely also change significantly. This shift in the normal high-water line will have a direct affect on adjacent land use activities as they relate to two specific state environmental laws.

Shoreland Zoning

The state Mandatory Shoreland Zoning Act (38 MRSA sections 435-449) requires all municipalities to adopt ordinances regulating land-use activities adjacent to certain bodies of water. The relevant consideration here is that the ordinances must apply to areas within 250 feet, horizontal distance, of the normal high-water line of rivers such as the Kennebec.

These municipal shoreland zoning ordinances establish land use standards for numerous activities that occur within the "shoreland zone." For instance, they generally require a 75-foot vegetative strip (buffer area) between land uses and the normal high-water line of the river. Within this buffer, no new cleared openings are permitted. Tree removal is limited to no more than 40% of the volume of trees in any ten-year period, and a well-distributed stand of trees must remain. Furthermore, new structural development must occur beyond the 75-foot buffer area.

The lowering of the Kennebec will have a direct impact on the above issues. For example, if the new normal high-water line has receded by 75 feet at a certain location, this 75-foot area will become the new setback/buffer zone, although it may presently be devoid of vegetation. The Department of Environmental Protection (DEP) has discussed this matter with appropriate municipal officials so that proper water setbacks will be maintained and adequate vegetative buffers will be reestablished consistent with the purposes of the shoreland zoning law.

We can be s certain that the normal high-water line will change between Augusta and the Waterville/Winslow area, but the new line can not be determined until several years of highwater levels occur during the spring runoff. (Physical features used to establish the normal high-water line include visual markings on the shoreline, changes in the character of the soils due to prolonged action of the water, and the presence of wetland vegetation. )

 Until a new normal high-water line is clearly established by river flows, DEP has recommended that code enforcement officers in the affected municipalities consider the normal high-water line to be the same as that before the breaching occurred.

Natural Resources Protection Act (NRPA)

The Natural Resources Protection Act (38 MRSA sections 480-A thru 480-Z), a state law administered and enforced by DEP, requires a permit from the Department before:

1. Placing fill or disturbing/bulldozing soil within 100 feet of the normal high-water line of the river;
2. Filling, dredging, or removing vegetation below the normal high-water line; or
3. Constructing, repairing, or altering any permanent structure located in, on, or over the river.

As with the shoreland zoning law, the changes in water levels resulting from the dam’s breaching will directly affect those areas subject to the Natural Resources Protection Act. For soil disturbance activities in most locations, the area subject to the NRPA will shift toward the center of the river. Again, however, the new normal high-water line of the river can not be determined immediately. Until such time as that new line is established by river flow, landowners should consider the old line as the normal high-water line of the river.

For certain, though, the newly exposed land along the river will be subject to the NRPA. A landowner who is contemplating any of the above listed activities, including: construction of water-access areas; removal of rocks and boulders; placement of fill; or construction of permanent structures such as docks, is advised to contact the Department’s Division of Land Resource Regulation at 287-3901 for further guidance on permit requirements. Such activities may also be subject to local permitting through the town’s code enforcement officer or planning board.

Additional Considerations

Finally, structural development and filling activities within the floodplain of the river are subject to the local Floodplain Management Ordinance that is administered by the respective municipality. Landowners must be aware of the requirements of the ordinance and obtain any necessary permits pursuant to that ordinance as well.