Maine s Land Use Regulations and Erosion Control Techniques

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1 Maine s Land Use Regulations and Erosion Control Techniques Protecting Maine s Air, Land and Water Colin Clark colin.a.clark@maine.gov Tom Gilbert thomas.gilbert@maine.gov Jim Rodrigue james.n.rodrigue@maine.gov Maine s Land Use Regulations Erosion and Sedimentation Control Law Stormwater Law Protection and Improvement of Waters Act Natural Resources Protection Act 1

2 Erosion and Sedimentation Control Law 420-C. Erosion and sedimentation control A person who conducts, or causes to be conducted, an activity that involves filling, displacing or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into a protected natural resource as defined in section 480-B. Erosion control measures must be in place before the activity begins. Measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken and the site must be maintained to prevent unreasonable erosion and sedimentation Erosion Control Installation 2

3 Is a sedimentation control Works by ponding water and allowing the soil to settle out Needs to be keyed into the soil Needs to be installed along the contour SILT FENCE 3

4 4

5 EROSION CONTROL MIX Is heavy organic material May Include stump grindings, composted bark, shredded bark, flume grit, and rocks <4. May NOT Include Wood chips, bark chips, construction debris, or reprocessed wood products 5

6 SOCKS Are filled with erosion control mix or mulch, Are staked in along contours, Are often used in conjunction with silt fence. EROSION CONTROL MULCH Two methods Erosion control mulch should be 3-4 inches thick and no visible exposed soil Over seed, should be a lighter application, 2 bales /1000sqft, and 75-90% coverage 6

7 Before After 7

8 Protection and Improvement of Waters Act Section 413 Prohibits discharge of all pollutants, including soil 8

9 Stormwater Permit by Rule (PBR) Need to obtain a Stormwater PBR if disturbing 1 acre or more of area on a project site in any watershed Full Stormwater Permit Need to obtain a Full Stormwater Permit for creation of 1 acre (since 2005) of impervious area on a project site in most watersheds. (20,000 square feet in watersheds most at risk from new development). Single family houses and driveways generally do not count towards impervious thresholds. Subdivision access roads do count!! Activities that require a permit: Alteration within 75 feet of a resource: Bulldozing, dredging, removing or displacing soils, sand, vegetation and other materials Placing fill in a resource Draining or dewatering a resource Construction, repair, or alteration of any permanent structure in a resource 9

10 Natural Resources Protection Act (NRPA) Rivers, Streams, and Brooks Lakes (great ponds) Freshwater Wetlands Coastal Wetlands Significant Wildlife Habitat EXEMPTIONS Maintenance and Repair, including culverts Minor alterations in freshwater wetlands Public Works Projects Temporary Structures Removal of Beaver Dams Many others Note: Exemptions apply only when Erosion Control Measures are used! CULVERT REPLACEMENT EXEMPT IF: Erosion controls used Do not block fish passage Installed to match natural grade to avoid drops or perching Embedded in stream minimum of 1 foot or 25% Diameter (MAX 2 feet) 10

11 Public Works Projects No additional intrusion into the resource Erosion control measures must be utilized Can t block fish passage Does not apply to an outstanding river segment REMOVAL OF BEAVER DAMS Authorized by a Game Warden Efforts are made to minimize erosion Efforts are made to minimize the alteration of the undisturbed portion of the wetland Wheeled or tracked may only be operated in the water for crossing or dam removal TEMPORARY STRUCTURES In place less than 7 months a year Fill is never temporary Still can t cause a discharge Temporary bridges and wood mat bridges do not need permits 11

12 Rivers, Streams, and Brooks Must have a defined channel and have at least 2 of the following: mapped on U.S.G.S. topo map flow 6 months per year scoured mineral bed aquatic organisms aquatic vegetation Rivers, Streams and Brooks What would you say? IF STREAM IS DRY PERMIT STILL REQUIRED 12

13 Lakes (Great Ponds) >10 acres natural >30 acres manmade Must have: wetland hydrology hydric soils Freshwater Wetlands wetland plants NOTE: NRPA recognizes the 1987 Corps of Engineers Wetlands Delineation Manual for delineating wetland boundaries Freshwater Wetlands 13

14 Open Water / Emergent Vegetation Wetlands Forested Wetlands A forested wetland is a wetland dominated by woody vegetation 6 meters tall or taller Coastal Wetlands Include areas: All areas located below The Highest Annual Tide (HAT) with vegetation tolerant of salt water Coastal wetlands may include portions of Coastal Sand dunes 14

15 Significant Wildlife Habitat Fast and easy permitting process For a project to qualify for Permit-by-Rule, it must be designed and constructed in compliance with all applicable Chapter 305 Rules Permit-by-Rule Section 2 Applies to any activity within 75 feet of a protected natural resource Activities such as soil disturbance and additions to existing structures require approval from the Department 15

16 Permit-by-Rule Section 2 All activities must: Avoid and minimize the alteration within 75 feet of the resource Be at least 25 feet from the edge of the resource Utilize erosion control devices Permit By Rule Section 2: Activities adjacent to protected natural resources APPLICABILITY Section 2 applies to activities adjacent to, but not in: Coastal wetlands Great Ponds River, stream or brook Freshwater wetlands containing at least 20,000 ft 2 of open water, aquatic or emergent marsh vegetation Peatlands Significant wildlife habitat contained within a freshwater wetland Permit By Rule Section 2: Activities adjacent to protected natural resources SUBMISSIONS The applicant is required to send the following submissions with this section: 1. Photographs of the area affected 2. A brief narrative: Explaining why there is no practicable alternative to locating the activity within 75 feet of the resource Explaining how the impact on the remaining buffer will be minimized Is not required for activities presumed to have no practicable alternative as listed in the STANDARDS section 16

17 Permit By Rule Section 2: Activities adjacent to protected natural resources SUBMISSIONS (cont.) 3. A scaled plan or drawing of the area affected including: Entire property on which the activity is proposed, including: Property lines 75 foot setback lines Boundaries or location of protected natural resources Proposed & Existing Development including buildings, parking areas, roads, fill areas, landscaped areas, etc. Any site constraints limiting development beyond the 75 foot setback, such as steep slopes *It is not necessary to have a plan professionally prepared. However, it should be legible and drawn to scale allowing clear representation of distances and measurements on the plan. Scaled plan Narrative Single Family Dwelling and associated construction at 75 Resource Drive in the Town of Permitville. The proposed construction and associated fill material cannot be located outside the 75 foot setback of the stream because of Town restrictions, topography restraints (steep slopes) and freshwater wetland. The Town of Permitville requires a property side setback of 10 feet and a 20 foot road set back to Resource Drive. Furthermore, the proposed driveway can be no less than 24 feet in width to meet town fire codes. There is a steep slope on my property in the northeastern corner that would require the dwelling to be constructed in the freshwater wetland and within 25 feet of the unnamed stream. Therefore, impact to the 75 foot stream buffer would be minimized to the greatest extent practicable with this proposal. 17

18 Permit-by-Rule Section 8 Applicability Applies to the establishment of vegetation adjacent to any resource and the installation of riprap along the shoreline of a great pond, freshwater wetland, stream, or brook Applies only to areas where erosion exists and vegetation is not present This section does not apply to shoreland zoned rivers a riprap project that affects more than 100 feet of shoreline. a riprap project that is adjacent to a coastal wetland or within any portion of a coastal sand dune system. Riprap. Heavy, irregularly-shaped rocks that are fit into place, without mortar, on a slope. Square or rectangular rocks with flat faces, such as quarry stone or manufactured blocks, do not qualify as irregularly-shaped. Permit By Rule Section 8: Shoreline stabilization SUBMISSIONS 1. Photographs of the entire shoreline area where the activity is proposed 2. Professional design plans for riprap on streams and brooks 3. A scaled drawing, including a cross section, of the proposed riprap installation. The drawing must clearly depict the extent of riprap proposed to be installed, such as the length along shore and height above the normal high water line. Riprap = Heavy, irregularly-shaped rocks that are fit into place, without mortar, on a slope ACCEPTABLE UNACCEPTABLE 18

19 Permit By Rule Section 8: Shoreline stabilization Standards Riprap may be utilized only where eroded slopes exceed 3 horizontal feet to 1 vertical foot eroded slopes that are shallower than 3 to 1 vegetation must be used to stabilize the slope Riprap installed on a Great Pond, Open water wetland, River, Stream, or Brook may not extend higher than 2 feet above the normal high water line Rocks used for riprap may not be obtained from the shoreline (because they help prevent erosion) or below the normal high water line (because they provide habitat for aquatic life). The slope of the riprap may not be steeper than 1 horizontal to 1 vertical, nor shallower than 3 horizontal to 1 vertical. Permit By Rule Section 8: Shoreline stabilization Standards Riprap must be anchored at the base of the existing bank by trenching in the bottom course of rock or pinning the riprap to the ledge Filter fabric, crushed stone, washed gravel must be placed under the riprap to prevent soil loss Riprap may not be placed in front of a retaining wall Wheeled or tracked vehicles may not operate in the water Disturbance of vegetation must be avoided. If Vegetation is disturbed then it must be reestablished immediately upon completion of the activity. COASTAL THE GOOD BEFORE AFTER 19

20 INLAND THE GOOD BEFORE AFTER THE BAD BEFORE AFTER ENFORCEMENT PENDING CREATING WALLS ON: INFRONT OF RETAINING WALL COASTAL WETLANDS TOO HIGH ON A GREAT POND GREAT PONDS 20

21 Permit by Rule Section 10 Stream Crossings (Bridges, Culverts, Fords) STREAM CROSSINGS Fill slopes must be stabilized 3 times the cross sectional area stream channel is required for culverts and bridges Surface water must be diverted through buffer areas If working in less than 3 of water must divert water around work area STREAM CROSSINGS (Continued) Culverts Must provide fish passage follow alignment and grade of stream be placed at or below streambed back fill must be compacted Slopes must be riprapped 21

22 THE GOOD THE BAD THE UGLY 22

23 Summary Erosion control devices must be installed on ALL project sites to prevent soil loss All activities in or within 75 feet of a resource may require a NRPA permit Stormwater Permit required for >1 acre disturbed, >1 acre impervious, >20,000 sf impervious in watershed most at risk. Remember... If you have any questions about your project site or whether a permit is required CALL US! On Call Line: or Colin Jim Tom Southern Maine Region Eastern Maine Region Northern Maine Region