About
News
Events
Q&A's
Blog
Links
Contact Us
 
 

Q&A's

1. What it means if your house was built before Dec 16, 1983 or Dec 17, 1983 and after with regard to septic system replacement?

A: If your home was built prior to December 1983 you can revert to state standards for replacement septic system 12 inch soil criteria. If your occupancy permit was issued after December 1983 you must conform to today's standard of 36 inches which has been deemed "crazy" by state and industry wastewater officials. If you cannot find 36 inches, a variance should be considered for your existing house. Mary Jane Dillingham, Lake Auburn Water Quality Manager explained this ordinance was never intended to require an existing home owner to have to leave because they were denied a permit for a replacement septic system.

2. Who do I call, without being sorry I did, if there is a pollution threat or a failing leach field?

A: First we suggest you call LakeSeptics 207-782-5962. They will discretely handle your problem and give you advice for FREE. Chances are, after a septic system inspection you will either have corrected the problem or have hired a soil evaluator to design a replacement system per the rules. After the design, then it is presented to the City of Auburn and forwarded to the water authorities for review.

3. What if I need to build an addition, a garage, what should I do first?

A:  You will want to check in with Auburn's Planning and Permitting Department at City Hall. The new Department is now called PACE.  Any property is allowed a ONE-TIME expansion of 575 square feet of additional impervious without needing to submit a phosphorous control plan. Chapter 29, section 5.7 refers to the actual Phosphorous Control Ordinance which will apply beyond this one time expansion. There is a  30% expansion standard that is linked to but separate from the Phosphorous Ordinance and applies to structures within the City's Shoreland Overlay District (SLO).  To be clear, the 30% rule only deals with non conforming structures with 100 feet of the resource.  For properties that fall within this district (250' from the normal high-water line and / or illustrated on the City's official Shoreland zoning map) State & local Ordinances allow you to expand your property by 30% in footprint or volume whichever is less. This expansion REQUIRES official review and approval.  Property owners will need to provide plans & calculations (floor area and volume) of the existing / original structure and the same for the existing structure with any modifications and / or expansion.  The 30% rule triggers an extensive review under State Law.  Property owners may be able to provide this information but often they get an architect/engineer involved.

Email this Lake Association for help!

4. Why is the Lake Auburn Watershed Protection Commission interested in
my property?


A: LAWPC continually entertains offers and considers purchasing all land in the Lake Auburn Watershed. Based on an internal acquisition policy they categorize and prioritize lands according to location and potential threat to the water supply. Under no circumstances should you consider selling your land or entering into a "Life Estate" without an attorney representing your interest. In addition, you may contact this Lake Association to protect your interest as a property owner in the watershed as we have compiled a massive amount of transaction history. LAWPC will do whatever is necessary to protect the water, it is their core goal. In documented cases they generally at first will not offer FAIR MARKET VALUE and have revealed negotiating tactics that are questionable.  Mr. David Jones, City of Lewiston employee, now heads up the land acquisition program and LAWNA is optimistic that an Ethics/Confict of Interest policy will someday guide this operation.

up top of page

5.  If I have been told my land is not build-able, can I get a tax
break?

A: Possibly. You can send us a quick note describing the problem so we can provide you examples of other LA Watershed property owners with similar circumstances.

In any situation where a property owner might feel that they can't use some or all of their land they can seek an abatement.  Property owners can and should contact the City's PACE (Planning, Assessing, Codes & Economic Development) Department to discuss their reasons for reducing their tax burden.  Reasons could include but are not limited to the watershed 36 inch septic ordinance, wetlands, topography, zoning, etc. City Staff will complete an assessment of the request & the property and make a determination.

6.  I want to cut trees on my property, should I call the water
district? How about firewood?

A: Generally you can cut firewood to heat your own home off your property.  If you are near the shoreline or think you may cause soil disturbance or if you or others want to harvest wood in a commercial fashion than it is certain you will be in violation of the law unless you have taken into account the standards within the Lake Auburn Watershed (LAW) overlay district and Shoreland Overlay District (SLO) which are listed below:

Hiring a forester is the best course of action. You can get copies of other forestry plans in the watershed to provide you with some initial reference of what it might entail for your property.

Here are some pertinent City of Auburn regulations:

LAW:  Erosion Control - The following provisions shall be observed for the control of erosion in the Lake Auburn Watershed:

a.     Any earth cutting, moving or removal activities that will result in erosion or runoff which is likely to increase sedimentation of Lake Auburn, or any tributaries or other water bodies in the watershed is prohibited.

b.     Vegetative cover shall not be removed except in a manner which will minimize erosion.  Harvesting of trees shall be permitted only after a plan prepared by a qualified forester is submitted to and approved by the Water District.  Such plan will be approved or disapproved on the basis of its conformance with good watershed management practice for domestic water supplies.

c.      Trees may be cleared, provided the cleared areas are covered with other vegetation, for approved construction and landscaping.  Where such clearing is extended to the shoreline, a cleared opening or openings not greater than 30 feet in width for every 100 feet of shoreline (measured along the high water mark) may be created in the strip extending 50 feet inland from the normal high water mark  For purposes of this Section, clearing is the removal of adjacent dominant trees which extend into the canopy and shrubs within 10 feet of the shoreline.  Where natural vegetation is removed, it shall be replaced with other vegetation which is equally effective in retarding erosion and preserving natural beauty. When the vegetative cover is changed in areas greater than three (3) acres, a plan shall be filed with the Auburn Water District indicating the changes so that a record can be maintained of watershed water yields to the system.

A Note from the regulator(s):

Cutting within the City's Shoreland Overlay District (i.e. properties that fall within 250' from the normal high-water line and / or illustrated on the City's official Shoreland zoning map) have additional standards.  The City's Shoreland Overlay District (SLO), which incorporates State standards, states.  "Within a shoreland area abutting those water bodies identified on the Shoreland Zoning Map.  There shall be no cutting of vegetation within the strip of land extending seventy-five (75) feet, horizontal distance, inland from the normal high water line, except to remove safety hazards".  To qualify as a "safety hazard" the tree must be in danger of falling on a target such as a house.  A tree in danger of falling in the woods / water does not constitute a "safety hazard". Regardless, ANY cutting within the SLO requires City / State review and approval.  Failure to receive approval, in advance of cutting, may trigger monetary penalties and / or may require the replanting of vegetation.

up top of page

7. What can I do or where can I find resources to help me landscape my yard in a watershed friendly manor? What is soil disturbance?

A: Best Management Practices (BMP's) can be found via LINKS off our HOME page. As a home owner in the watershed what you do can adversely affect this environment. Generally there is a standard or recommendation for almost anything you might want to accomplish. Once you have research your intended landscaping project, I would then contact this organization for input. There are land-use consultants for major projects and local help available like the Woodbury Brackett Center located on the North end of the Lake off Maple Hill Road. SOIL DISTURBANCE is basically what it is, disturbing the soil. This can occur without doing anything, from a natural disaster to a heavy spring rain. The state of Maine defines most types of excavation as soil disturbance and generally requires Best Management Practices to be adhered to. There are exceptions, for example farming or agricultural purposes are considered exempt to a degree. Silt fencing and other measures are normally required and a good idea to insure you do not pollute downstream of your project.

8. Can I sub-divide a house lot and build a new home like people are doing in other areas of the watershed? What’s up with AG zone? How can we change zoning?

A: In order to "sub-divide" you will want to visit the Planning and Permitting department after you consult with the Lake Association or qualified land-use consultant. What you do or plan may have a grave effect on what you might actually be allowed to accomplish. Agricultural and Resource Protection area will allow you to build or expand if you can ascertain the requirements, foremost generating 51 percent of your income from farming. Changing zoning is a huge uphill battle, especially if it contradicts current use patterns and the City's Comprehensive Plan. Although not impossible, you will need much consideration and action in order to change a specific land use zone.

9. Who should I talk to if I am unhappy or concerned with an activity in the watershed?

A: First, we suggest you call the Lake Association as this problem may have already been addressed. If you feel there is a violation occurring contact the city's code enforcement officer(s). If it is not so pressing, try addressing LAWPeC at one of their meetings or calling Mary Jane Dillingham or John Storer at the water district. If you are still not satisfied, write a letter to the Ward 1 councilman and the Mayor. They may be powerless to do something for you specifically but they are in charge of watershed ordinances, not the water authorities. It is our City's leaders that are directly responsible for watershed management.

10. Can LAWPeC sell its land holdings to a developer some day? Eminent domain?

A: Possibly, although recently this concern has been brought up numerous times and answered in the negative by water authorities. What is written in the LAWPeC charter and how the lands are held in their trust ultimately determines what they can do. Ask an attorney and he will say YES, they can sell land to a developer someday. Eminent Domain? Anything is possible with the current regime including the Commissioners, Trustees, and general management of the water district(s). Look for a possible hostile land acquisition to create a southern bike trail around the Lake.....

up top of page

11. Why is Auburn and Lewiston on a federal/state waiver for filtration?

A: Because they can and because the leaders years back decided not to build filtration when the industry was mandated to do so. A decision they may regret someday when filtration costs are now 100 fold! In the mean time in order to maintain the waiver of filtration they have ramped up strict criteria around the lake.

12. How long will the spring road be open for public recreation?

A: As long as those activities that takes place on the Whitman Spring Road to not jeopardize the waiver of filtration.

13. How can I give the support the water authorities are looking for in this community?

A: Stay informed and actively participate in insuring the water stays clean.

14. Who is the Androscoggin Land Trust and what can they do to help me?

A: ALT can place a conservation easement on your property or take ownership with many options if that is something you might be interested in. Conservation easements are great if you want your land to always be what you have wanted it to be. This may be an option you might want to consider as opposed to selling or donating your land to LAWPeC. In fact, I would place a conservation easement on any land that someday might be in the possession of the water authorities.

15. Can you list websites and emails and/or contact information for key personnel in the watershed?

A: Yes!, please see our Contact Page

up top of page

Web Management by: DKP