Maine s Environmental Laws Protect Our Natural Resources

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Transcription:

Maine s Environmental Laws Protect Our Natural Resources

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

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

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

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

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

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

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

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 resource Activities such as soil disturbance, vegetation removal, and additions to existing structures require approval from the Department

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

Erosion Control Installation

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

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

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.

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.

Freshwater Wetland Alteration Permit All projects must avoid and minimize impacts to the greatest extent possible Tier 1 0-14,999 sq. ft. Tier 2 15,000-43,560 sq. ft. Tier 3 > 1 acre

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

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

Remember... If you have any questions about your project site or whether a permit is required CALL US! Colin 287-7810 Central Maine Region Amy 287-7811 7811 1-800-452-1942 1942 Chris 287-8899 Stephenie 287-8146 Southern Maine Region 1-888-769-1036 Eastern Maine Region 1-888-769-1137 Northern Maine Region 1-888-769-1053