Maine s Environmental Laws Protect Our Natural Resources

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2 Maine s Environmental Laws Protect Our Natural Resources

3 Maine s Land Use Regulations Protection and Improvement of Waters Act Erosion and Sedimentation Control Law Stormwater Management Law Site Location of Development Law Mandatory Shoreland Zoning Act Natural Resources Protection Act

4 Areas Subject to Shoreland Zoning = 250 ZONE = 75 ZONE GREAT POND FRESHWATER WETLAND FLOODPLAIN WETLAND STREAM FORESTED WETLAND RIVER 25 mi 2 drainage point COASTAL WETLAND OCEAN OCEAN

5 Town Town and State Roles Adopts ordinance Appoints officials to administer and enforce ordinance State (DEP) Develop Guidelines Approve local ordinances (maybe with conditions) Adopt state-imposed ordinances Provide assistance to towns

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7 Natural Resources Protection Act Rivers, streams and brooks Lakes (great ponds) Freshwater wetlands Coastal wetlands Significant Wildlife Areas Fragile Mountain Areas Sand Dunes

8 Activities that require a permit: Alteration within 75 ft. of a resource Placing fill in a resource Draining g a resource Construction of any permanent structure in or adjacent to a resource

9 NRPA Exemptions Section 480-Q Minor alterations in freshwater wetlands Maintenance and repair of an existing structure Replacement of existing road culverts Forest management activity Agriculture activity in freshwater wetlands Maintenance of existing access ways Installation of wastewater disposal systems Cutting or clearing subject to shoreland zoning

10 NRPA Permits Permit by Rule (PBR) Freshwater wetland (Tier 1, Tier 2, or Tier 3) Full permit Note: All required permits must be obtained prior to the start of any construction on the project site

11 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

12 Permit-by-Rule Section 2 Applies to any activity within 75 feet of a protected resource Activities such as soil disturbance, vegetation removal, and additions to existing structures require approval from the Department

13 Permit-by 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 and utilize erosion control devices

14 Erosion Control Installation

15 Permit by Rule Stream Crossings Section 10 (Bridges, Culverts, Fords) Culverts must be sized properly Cl Culverts must tb be installed tlld at or below bl grade Work should be performed during low water Must stabilize the inlet, outlet, and sideslopes

16 Temporary Stream Crossings DO NOT REQUIRE A PERMIT PROVIDED Crossing is in place for no more than 7 months The Crossing does not block stream flow and No soil is placed in the stream channel

17 Section 8: Shoreline Stabilization Only for areas where erosion exists and there is no vegetation. Photographs of eroded area required with application. The Department encourages the use of vegetation for erosion control: only native species may be used.

18 More on Riprap... Rocks or other hard materials used to armor the banks of a waterbody or wetland. May only be used in certain situations. May require a professional engineer or other certified professional to design when stabilizing rivers, streams, or brooks.

19 Freshwater Wetland Alteration Permit All projects must avoid and minimize impacts to the greatest extent possible Tier ,999 sq. ft. Tier 2 15,000-43,560 sq. ft. Tier 3 > 1 acre

20 Full NRPA Permit All projects must avoid and minimize to the greatest extent possible The applicant must prepare and submit an alternatives analysis Site conditions must be described Functional lassessment Compensation for impacts to the resource

21 Full NRPA Any project that can t meet PBR standards For projects impacting some freshwater wetlands, including those within 250 feet of the shore of a lake All coastal wetlands

22 Remember... If you have any questions about your project site or whether a permit is required CALL US! Colin Central Maine Region Amy Chris Stephenie Southern Maine Region Eastern Maine Region Northern Maine Region

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