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Starks Planning Board recommends against a standalone hazardous‑materials ordinance

Starks Planning Board · March 5, 2025
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Summary

After reviewing state and federal statutes, the Planning Board on March 5 recommended that Starks’ existing Shoreland Zoning and Site Plan Review ordinances, together with state and federal laws, are adequate to govern hazardous‑materials storage; the board concluded a separate local ordinance was unnecessary and potentially preempted.

The Starks Planning Board recommended on March 5 that the town not pursue a standalone ordinance specifically addressing the storage or handling of hazardous materials in quantity. Ken Lust reported he reviewed State and Federal statutes and regulations and concluded the permitting requirements in the town’s existing Shoreland Zoning and Site Plan Review ordinances, supported by state and federal law, provide adequate safeguards.

According to the minutes, Lust recommended against introducing a separate local ordinance in part because state and federal statutes would likely preempt any local law on the subject. The board recorded that the existing permitting pathways appear to address the town’s concerns and that additional local regulation was not necessary at this time.

The minutes note that this topic had been raised in the board’s February meeting and that Ken undertook the research. The record does not list an implementing motion to draft a new ordinance; rather, it records the board’s acceptance of the recommendation. The minutes do not specify numeric thresholds, types of hazardous materials, or permit fees; those details remain governed by the cited ordinances and higher‑level statutes.