# 06-096 Ch. 305: Ch. 305: Natural Resources Protection Act - Permit by Rule Standards

> Maine · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_305

## Section

- **Citation:** 06-096 Ch. 305
- **Heading:** Ch. 305: Natural Resources Protection Act - Permit by Rule Standards
- **Jurisdiction:** Maine
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Maine Rules / 06-096 Department of Environmental Protection - General / Ch. 305

## Text

1.	Introduction	1
2.	Activities adjacent to protected natural resources	4
3.	Intake pipes & water monitoring devices	7
4.	Replacement of structures	11
5.	REPEALED	18
6.	Movement of rocks or vegetation	18
7.	Outfall pipes	19
8.	Shoreline stabilization	23
8-A. Increasing the height of a vertical seawall or retaining wall in a coastal wetland	34
9.	Crossings (utility lines, pipes and cables)	37
10.	Stream crossings (bridges, culverts and fords)	42
11.	State transportation facilities	48
12.	Restoration of natural areas	51
13.	Habitat creation or enhancement and water quality improvement activities	56
14.	REPEALED	59
15.	Public boat ramps	60
16.	Development activities in coastal sand dunes	64
16-A. Non-development activities in coastal sand dunes	70
17.	Transfers and permit extensions	76
18.	Maintenance dredging permit renewal	77
19.	Activities in, on or over significant vernal pool habitat	78
20.	Activities located in, on or over high or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas	80
Chapter 305:	PERMIT BY RULE
1.	Introduction. A "permit by rule" or "PBR", when approved by the Department of Environmental Protection (DEP), is an approval for an activity that requires a permit under the Natural Resources Protection Act (NRPA). Only those activities described in this chapter may proceed under the PBR process. A PBR activity will not significantly affect the environment if carried out in accordance with this chapter, and generally has less of an impact on the environment than an activity requiring an individual permit. A PBR satisfies the NRPA permit requirement and Water Quality Certification requirement.
If a proposed activity is not described in this chapter, or will not be conducted in accordance with the standards of this chapter, the applicant must obtain an individual permit prior to beginning the activity.
A.	Location of activity
impact on the environment than an activity requiring an individual permit. A PBR satisfies the NRPA permit requirement and Water Quality Certification requirement.
If a proposed activity is not described in this chapter, or will not be conducted in accordance with the standards of this chapter, the applicant must obtain an individual permit prior to beginning the activity.
A.	Location of activity. The location of an activity may affect whether an activity qualifies for PBR, and whether review by the Department of Inland Fisheries and Wildlife (IF&W), the Department of Marine Resources (DMR), or the Maine Geological Survey (MGS) is required.
(1)	Type of resource. For some types of activities, the availability of a PBR is affected by the type of natural resource in or adjacent to which the activity is proposed. For example, an applicant proposing an activity consisting of "Movement of rocks or vegetation" may receive a PBR only if the activity will take place in a great pond, river, stream or brook. Limitations concerning the location of activities are addressed in the "Applicability" provision in each section of this chapter.
(2)	Essential Habitat. Essential Habitats include areas critical to the survival of threatened and endangered species such as least tern, roseate tern, and piping plover. If the activity is located in Essential Habitat, such as near piping plover nesting sites, a PBR is only available if the applicant obtains written approval from IF&W. This approval from IF&W must be submitted to the DEP with the PBR notification form, and the applicant must follow any conditions stated in the IF&W approval.
NOTE:	Maps showing areas of essential habitat are available from the Department of Inland Fisheries and Wildlife regional headquarters, municipal offices, the Land Use Regulation Commission (for unorganized territories) and DEP regional offices. If the activity is located in essential habitat, IF&W must be contacted to request and obtain a "certification of review and approval".
the IF&W approval.
NOTE:	Maps showing areas of essential habitat are available from the Department of Inland Fisheries and Wildlife regional headquarters, municipal offices, the Land Use Regulation Commission (for unorganized territories) and DEP regional offices. If the activity is located in essential habitat, IF&W must be contacted to request and obtain a "certification of review and approval".
(3)	Other activities requiring IF&W, DMR, or MGS approval. Other activities authorized under this rule require pre-approval from state natural resource agencies. The requirements are noted in each section of the rule. For example, activities occurring in tidal waters require DMR approval of the timing of the activity, and certain activities in coastal sand dune systems require pre-approval from MGS. Please read the requirements of each section carefully to ensure the necessary pre-approvals are obtained and provided with the PBR notification form.
B.	Notification to Department. The applicant must file notice of the activity with the DEP prior to beginning work on the activity. The notification must be on a form provided by the DEP and must include any submissions required in this chapter. The applicant must keep a copy to serve as the permit.
The notification form must be filed electronically at maine.gov/dep/, sent to the DEP by certified mail (return receipt requested), or hand delivered to the DEP and date stamped by the DEP. By signing the notification form, the applicant is representing that the activity will meet the applicability requirements and standards of the rule. In addition, by signing the notification form the applicant represents that the applicant has sufficient title, right, or interest in the property where the proposed activity is to take place.
C. Public notice. Within 30 days prior to filing notice of the activity with the DEP, the applicant must mail public notice to abutters and to the municipal office
y requirements and standards of the rule. In addition, by signing the notification form the applicant represents that the applicant has sufficient title, right, or interest in the property where the proposed activity is to take place.
C. Public notice. Within 30 days prior to filing notice of the activity with the DEP, the applicant must mail public notice to abutters and to the municipal office. “Abutter” for the purposes of public notice means any person who owns property that is contiguous with the property on which the activity is proposed, unless the abutter is located one mile or more from the proposed activity.
Notice may be provided on a public notice form provided by the DEP. The notice must include the name, U.S. postal address, electronic mail address, and telephone number of the applicant; the location of the proposed activity, including a physical address where applicable; a summary of the proposed activity; a statement that the activity is regulated by the Natural Resources Protection Act and the DEP’s Chapter 305 Natural Resources Protection Act – Permit by Rule Standards; an anticipated date on which the notification form will be filed with the Department; a statement providing the DEP web address and the location of the municipal office where the notification form and submissions will be available for public inspection; and a statement that public comments on the application may be submitted to the Department during the 20 working day review period, with the DEP web address, DEP electronic mail address, and DEP regional office address to which comments may be submitted.
A list of persons to whom notice was provided must be submitted with the PBR notification form.
D. Effective period
ilable for public inspection; and a statement that public comments on the application may be submitted to the Department during the 20 working day review period, with the DEP web address, DEP electronic mail address, and DEP regional office address to which comments may be submitted.
A list of persons to whom notice was provided must be submitted with the PBR notification form.
D. Effective period
(1)	Beginning of period. The PBR becomes effective 20 working days after the DEP receives the notification form, unless the DEP approves or denies the PBR, or requests additional information, prior to that date. If the DEP does not speak with or write to the applicant within this 20 working day period regarding the PBR notification, the applicant may proceed to carry out the activity. Working days are weekdays (Monday-Friday), excluding State holidays and any other day State of Maine offices are closed.
There are three exceptions regarding the effective date of an approved PBR:
(a)	Activities listed in Section 10 (Stream crossings) occurring in association with forest management are exempt from the 20 working day waiting period.
(b)	Activities listed in Section 10 (Stream crossings) performed or supervised by individuals currently certified in erosion control practices by the DEP are exempt from the 20 working day waiting period. To be certified in erosion control practices, an individual must successfully complete all course requirements of the Voluntary Contractor Certification Program administered by the DEP's Nonpoint Source Training and Resource Center.
Stream crossings) performed or supervised by individuals currently certified in erosion control practices by the DEP are exempt from the 20 working day waiting period. To be certified in erosion control practices, an individual must successfully complete all course requirements of the Voluntary Contractor Certification Program administered by the DEP's Nonpoint Source Training and Resource Center.
(c)	Activities that are part of a larger project requiring a permit under the Site Location of Development or the Storm Water Management Laws may not proceed until any required permit under those laws is obtained.
NOTE:	Activities that are part of a larger project may require other permits from the DEP also. These other laws may prohibit the start of construction of any part of the project unless a permit under that law is obtained. In these cases, while not a violation of this rule, starting work on a PBR approved activity would be a violation of those other applicable laws.
(2)	End of period. The PBR is generally effective for 2 years from the date of approval, except that a PBR for "Replacement of structures" under Section 4 is effective for 3 years.
Note:	Activities that qualify under this chapter may need to meet other local, state and federal requirements. Examples -- (1) If an activity extends below the low water line of a lake, coastal wetland or international boundary water, the applicant should contact the Bureau of Parks and Lands’ Submerged Lands Program (207-287-3061) concerning possible lease or easement requirements, or (2) If an activity will involve work below the mean high water line in navigable waters of the United States, the applicant should contact the Army Corps of Engineers (207-623-8367).
E. Discretionary authority. Notwithstanding compliance with the PBR applicability requirements and standards set forth in this chapter, the DEP may require an individual permit application to be filed in any case where credible evidence indicates that the activity:
ean high water line in navigable waters of the United States, the applicant should contact the Army Corps of Engineers (207-623-8367).
E. Discretionary authority. Notwithstanding compliance with the PBR applicability requirements and standards set forth in this chapter, the DEP may require an individual permit application to be filed in any case where credible evidence indicates that the activity:
(1)	May violate the standards of this rule or the NRPA (38 M.R.S. Section 480-D);
(2)	Could lead to significant environmental impacts, including cumulative impacts; or
(3)	Could adversely impact a resource of special concern.
If an individual permit is required pursuant to this subsection, the DEP will notify the applicant in writing within the 20 working day waiting period described in sub-section (C) above. When the DEP notifies an applicant than an individual permit is required, no work may be conducted unless and until the individual permit is obtained.
F.	Violations. A violation of law occurs when a person, or his or her agent, performs or causes to be performed any activity subject to the NRPA without first obtaining a permit from the DEP, or acts contrary to the provisions of a permit. The person, his or her agent, or both, may be held responsible for the violation. Commonly, the "person" is the landowner, and the "agent" is the contractor carrying out the activity. A violation occurs when:
(1)	An activity occurs that is not allowed under PBR, whether or not a PBR notification form has been filed with and/or approved by the DEP;
(2)	An activity occurs that is allowed under PBR, but a PBR for the activity has not become effective prior to the beginning of the activity; or
e "person" is the landowner, and the "agent" is the contractor carrying out the activity. A violation occurs when:
(1)	An activity occurs that is not allowed under PBR, whether or not a PBR notification form has been filed with and/or approved by the DEP;
(2)	An activity occurs that is allowed under PBR, but a PBR for the activity has not become effective prior to the beginning of the activity; or
(3)	An activity occurs that is allowed under PBR and a PBR for the activity is in effect, but the standards specified in this chapter are not met.
See the "applicability" provision under each activity for rules concerning what activities are allowed under PBR. A PBR is only valid for the person listed on the notification form, or for his or her agent.
Each day that a violation occurs or continues is considered a separate offense. Violations are subject to criminal penalties and civil penalties of not less than $100 nor more than $50,000 for each day of that violation (38 M.R.S. Section 349).
NOTE:	A local Code Enforcement Officer (CEO) may take enforcement action for a violation of the Natural Resources Protection Act if the CEO is authorized to represent a municipality in District Court, and they have been certified as familiar with court procedures, 30-A M.R.S. Section 4452(7).
2.	Activities adjacent to protected natural resources
A.	Applicability
(1)	This section applies to an activity adjacent to the following protected natural resources:
(a)	A coastal wetland, great pond, river, stream or brook or significant wildlife habitat contained within a freshwater wetland; or
(b)	Freshwater wetlands consisting of or containing:
th court procedures, 30-A M.R.S. Section 4452(7).
2.	Activities adjacent to protected natural resources
A.	Applicability
(1)	This section applies to an activity adjacent to the following protected natural resources:
(a)	A coastal wetland, great pond, river, stream or brook or significant wildlife habitat contained within a freshwater wetland; or
(b)	Freshwater wetlands consisting of or containing:
(i)	Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or
(ii)	Peatlands dominated by shrubs, sedges and sphagnum moss.
(2) This section does not apply to an activity located in, on, or over any protected natural resource as defined by 38 M.R.S. §480-B.
(3)	This section does not apply to an activity where sustained slopes are steeper than 3 horizontal feet: 1 vertical foot (approximately 33% slope) between the normal high water line or upland edge of the protected resource and the soil disturbance.
(4)	This section does not apply to an activity that qualifies for a permit by rule under another section of this chapter. Activities that qualify for permit by rule under another section are not required to comply with this section unless expressly stated in that section.
(5)	This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of a permit issued under the Site Location of Development Law, 38 M.R.S. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S. Section 420-D, or the Natural Resources Protection Act, 38 M.R.S. Sections 480-A to 480-KK.
(6)	This section does not apply to an activity that does not conform to the local shoreland zoning ordinance.
NOTE: Contact the local Code Enforcement Officer for information on local shoreland zoning requirements. In most shoreland areas, a 75 or 100 foot undisturbed buffer strip is required between the disturbed areas and the water or wetland.
B.	Submissions
, 38 M.R.S. Sections 480-A to 480-KK.
(6)	This section does not apply to an activity that does not conform to the local shoreland zoning ordinance.
NOTE: Contact the local Code Enforcement Officer for information on local shoreland zoning requirements. In most shoreland areas, a 75 or 100 foot undisturbed buffer strip is required between the disturbed areas and the water or wetland.
B.	Submissions
(1)	The applicant is required to submit photographs of the area which will be affected by the activity proposed.
(2)	Photographs showing the completed project and the affected area must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the notification form or labeled with the applicant's name and the municipality in which the activity took place.
(3)	A brief narrative explaining why there is no practicable alternative to location of the activity within the 75 foot setback, and how the impact on the remaining buffer and the resource will be minimized. This narrative is not required for those activities presumed to have no practicable alternative as listed in paragraph 2(C(1)) of this Chapter.
(4)	A scaled plan or drawing of the area affected, including information such as:
(a)	The entire property on which the activity will take place, including property lines, the 75 foot setback, and the boundaries or location of protected natural resources such as streams and wetlands;
(b)	Proposed and existing development on the parcel including buildings, parking areas, roads, fill areas, landscaped areas, and other relevant features; and
affected, including information such as:
(a)	The entire property on which the activity will take place, including property lines, the 75 foot setback, and the boundaries or location of protected natural resources such as streams and wetlands;
(b)	Proposed and existing development on the parcel including buildings, parking areas, roads, fill areas, landscaped areas, and other relevant features; and
(c)	Any site constraints limiting development beyond the 75 foot setback, such as steep slopes.
It is not necessary to have the plan professionally prepared. However, it must be legible and drawn to a scale that allows clear representation of distances and measurements on the plan.
C.	Standards
No activity or portion of an activity may be located within the 75 foot setback if there is a practicable alternative location on the parcel that would cause or result in less impact on the environment. The following activities are presumed to have no practicable alternative location on the parcel.
(a)	The planting of vegetation for the purpose of controlling erosion or for establishing a vegetative buffer.
(b)	The removal or replacement of underground storage tanks when performed in accordance with 38 M.R.S. Section 566-A.
(c)	The replacement of a structure or the placement or replacement of a foundation or supports for a legally existing structure or addition that is not closer to a protected natural resource than the existing structure provided the municipality has approved the location of the replaced or modified structure. However, any fill, other than that required to maintain the integrity of the structure such as foundation backfill, must meet the 75 foot setback standard unless otherwise approved by the DEP pursuant to this section
e or addition that is not closer to a protected natural resource than the existing structure provided the municipality has approved the location of the replaced or modified structure. However, any fill, other than that required to maintain the integrity of the structure such as foundation backfill, must meet the 75 foot setback standard unless otherwise approved by the DEP pursuant to this section.
NOTE:	In most cases when a structure is being replaced or a foundation is being put under an existing structure that does not meet the setback requirements of the Municipal Shoreland Zoning Ordinance, the applicant is required by the municipality to move the structure back from the natural resource to the maximum extent practicable.
(d)	The closure of a landfill in conformance with the DEP's solid waste management rules.
(e)	Access way consisting of a footpath, stairway, or steps to the resource.
Except for those activities listed in Section 2(C)(1)(a)-(e) above, a 25 foot setback must be maintained between the normal high water line or upland edge of the protected natural resource and the activity. Areas that have slopes of 3 horizontal feet: 1 vertical foot (approximately 33% slope), or steeper, may not be counted when determining the 25 foot setback. Existing vegetation within the setback may not be disturbed except for cutting activity meeting the exemption requirements in 38 M.R.S. Section 480-Q(23).
Disturbance within the setback must be minimized
cted natural resource and the activity. Areas that have slopes of 3 horizontal feet: 1 vertical foot (approximately 33% slope), or steeper, may not be counted when determining the 25 foot setback. Existing vegetation within the setback may not be disturbed except for cutting activity meeting the exemption requirements in 38 M.R.S. Section 480-Q(23).
Disturbance within the setback must be minimized.
The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the resource:
Sediment controls such as trenched and anchored silt fence, an erosion control mix berm at least 1 foot tall, staked straw bales, anchored erosion control socks at least 12 inches in diameter, or a combination of these methods must be properly installed between the area of soil disturbance and the resource before the activity begins and maintained until the disturbed area is permanently stabilized;
Surface flows from above the disturbed area must be diverted around the disturbed area until final stabilization and any diverted runoff must be managed to prevent erosion; examples of diversions include but are not limited to erosion control mix berms or socks, sand bags, and shallow excavated trenches;
Within 1 calendar day following the completion of any soil disturbance, and prior to any storm event, temporary or permanent stabilization must be implemented or spread on any exposed soils;
All disturbed soils must be permanently stabilized; and
Within 30 days of final stabilization of the site, any silt fence, straw bales, or temporary erosion or sediment controls containing plastic or other non-biodegradable materials must be removed and erosion control mulch berms must be raked to a depth of no more than 6 inches.
(5)	A footpath to the resource is limited to 6 feet in width and stairs or steps are limited to 4 feet in width.
lized; and
Within 30 days of final stabilization of the site, any silt fence, straw bales, or temporary erosion or sediment controls containing plastic or other non-biodegradable materials must be removed and erosion control mulch berms must be raked to a depth of no more than 6 inches.
(5)	A footpath to the resource is limited to 6 feet in width and stairs or steps are limited to 4 feet in width.
(6)	All work is limited to the location and extent depicted on the plan or plans submitted pursuant to subsection B(4) of this section.
NOTE:	For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated October 2016. This handbook and other references are available online at https://www.maine.gov/dep/land/erosion/escbmps/ or by contacting the DEP.
D.	Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:
(1)	Fill. a. (verb) To put into or upon, supply to, or allow to enter a water body or wetland any earth, rock, gravel, sand, silt, clay, peat, or debris; b. (noun) Material, other than structures, placed in or adjacent to a water body or wetland.
(2)	Land adjacent to a protected natural resource. Any land area within 75 feet, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.
(2-A) Practicable. Available and feasible considering cost, existing technology and logistics based on the overall purpose of the project.
(3)	Structure. Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground. Examples of structures include buildings, utility lines and roads.
ble. Available and feasible considering cost, existing technology and logistics based on the overall purpose of the project.
(3)	Structure. Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground. Examples of structures include buildings, utility lines and roads.
(4)	Upland edge. The boundary between upland and wetland.
NOTE:
Section 480-Q(15-A) of the NRPA exempts the installation, removal or repair of a septic system from permitting requirements as of March 1, 1995, as long as the system complies with all requirements of the subsurface wastewater disposal rules adopted by the Department of Health and Human Services pursuant to 22 M.R.S. Section 42(3).
3.	Intake pipes & water monitoring devices
A.	Applicability
(1)	This section applies to the installation or maintenance of a permanent water intake pipe which will not significantly affect the water level or flow of waters within a coastal wetland, freshwater wetland, great pond, river, stream or brook. This section also applies to the installation of a well in or adjacent to a freshwater wetland or adjacent to a great pond, coastal wetland, river, stream or brook. Allowed uses of water for the purposes of this section include a water supply for a single family residence and a dry hydrant. Some intake pipes and wells adjacent to a great pond may be exempt by law (see Note 2 at the end of this subsection).
(2)	This section also applies to the installation or maintenance of a permanent device used to monitor water elevations, flow or quality including a gauging station, staff gauge, tide gauge, water recording device, water quality testing and improvement device or other similar scientific equipment within a coastal wetland, freshwater wetland great pond, river, stream or brook.
of this subsection).
(2)	This section also applies to the installation or maintenance of a permanent device used to monitor water elevations, flow or quality including a gauging station, staff gauge, tide gauge, water recording device, water quality testing and improvement device or other similar scientific equipment within a coastal wetland, freshwater wetland great pond, river, stream or brook.
(3)	This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of a permit issued under the Site Location of Development Law, 38 M.R.S. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S. Section 420-D, or the Natural Resources Protection Act, 38 M.R.S. Sections 480-A to 480-KK.
(4)	This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.
NOTES:
(1)	Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.
(2)	In a great pond, the placement of water lines to serve a single-family house or the installation of cables for utilities, such as telephone and power cables, is exempt from permit requirements under 38 M.R.S. Section 480-Q provided that the:
(a)	Excavated trench for access to the water is backfilled and riprapped to prevent erosion;
(b)	Excavated trench on the landward side of the riprapped area is seeded and mulched to prevent erosion; and
(c)	Bureau of Parks and Lands has approved the placement of the cable across the bottom of the great pond to the extent that it has jurisdiction.
(3)	A permit will be required from the US Army Corps of Engineers for the following types of projects:
(a)	Any activity involving open trench excavation in a waterbody or wetland;
(b)	Any activity in coastal waterways;
(c)	Any activity within a river, stream or brook that takes place between October 2 and July 14; or
able across the bottom of the great pond to the extent that it has jurisdiction.
(3)	A permit will be required from the US Army Corps of Engineers for the following types of projects:
(a)	Any activity involving open trench excavation in a waterbody or wetland;
(b)	Any activity in coastal waterways;
(c)	Any activity within a river, stream or brook that takes place between October 2 and July 14; or
(d)	Any activity involving work in waterways designated as Essential Fish Habitat for Atlantic salmon including all aquatic habitats in the watersheds of the following rivers and streams, including all tributaries to the extent that they are currently or were historically accessible for salmon migration: St. Croix, Boyden, Dennys, Hobart Stream, Aroostook, East Machias, Machias, Pleasant, Narraguagus, Tunk Stream, Patten Stream, Orland, Penobscot, Passagassawaukeag, Union, Ducktrap, Sheepscot, Kennebec, Androscoggin, Presumpscot, and Saco River.
A copy of the PBR notification and original photographs, not photocopies, should be submitted to the Corps of Engineers for these activities (U.S. Army Corps of Engineers, 442 Civic Center Drive, Suite 350, Augusta, ME 04330. Tel. (207) 623-8367).
B.	Submissions
(1)	For an activity occurring in tidal waters, notice of approval of the timing of the activity from the Department of Marine Resources must be submitted to the DEP with the notification form.
(2)	The applicant is required to submit photographs of the area which will be affected by the activity proposed.
rs, 442 Civic Center Drive, Suite 350, Augusta, ME 04330. Tel. (207) 623-8367).
B.	Submissions
(1)	For an activity occurring in tidal waters, notice of approval of the timing of the activity from the Department of Marine Resources must be submitted to the DEP with the notification form.
(2)	The applicant is required to submit photographs of the area which will be affected by the activity proposed.
(3)	Photographs showing the completed project and the affected area must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the notification form or labeled with the applicant's name and the municipality in which the activity took place.
C.	Standards
The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the resource:
For any soil disturbance that is limited to the upland and does not extend into the protected natural resource, sediment controls such as trenched and anchored silt fence, an erosion control mix berm at least 1 foot tall, staked straw bales, anchored erosion control socks at least 12 inches in diameter, or a combination of these methods must be properly installed between the area of soil disturbance and the resource before the activity begins and maintained until the disturbed area is permanently stabilized;
Any soil disturbance within a freshwater wetland, great pond, river, stream, or brook must be done during periods of low water to minimize impacts (in-stream work window, lake draw-down, etc.) and must be temporarily or permanently stabilized daily. The placement of sediment barriers within the water would be ineffective and could cause unnecessary damage to the resource;
Any soil disturbance within a coastal wetland must be done at or near low tide and must be temporarily or permanently stabilized before being submerged
to minimize impacts (in-stream work window, lake draw-down, etc.) and must be temporarily or permanently stabilized daily. The placement of sediment barriers within the water would be ineffective and could cause unnecessary damage to the resource;
Any soil disturbance within a coastal wetland must be done at or near low tide and must be temporarily or permanently stabilized before being submerged. The placement of sediment barriers within the tidal zone would be ineffective and could cause unnecessary damage to the resource;
Surface flows from above the disturbed area must be diverted around the disturbed area until final stabilization and any diverted runoff must be managed to prevent erosion; examples of diversions include but are not limited to erosion control mix berms or socks, sand bags, and shallow excavated trenches;
Within 1 calendar day following the completion of any soil disturbance, and prior to any storm event, temporary or permanent stabilization must be implemented or spread on any exposed soils;
All disturbed soils must be permanently stabilized; and
Within 30 days of final stabilization of the site, any silt fence, straw bales, or temporary erosion or sediment controls containing plastic or other non-biodegradable materials must be removed and erosion control mulch berms must be raked to a depth of no more than 6 inches.
NOTE:	For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated October 2016. This handbook and other references are available online at https://www.maine.gov/dep/land/erosion/escbmps/ or by contacting the DEP.
(2)	Disturbance of wetland vegetation must be avoided if possible. If wetland vegetation must be disturbed during the activity, it must be replaced or reestablished immediately upon completion of the activity and must be maintained.
(3)	Non-native wetland plants may not be planted in disturbed areas.
(4)	The trench width in any protected natural resource must be no wider than necessary to install the device.
ance of wetland vegetation must be avoided if possible. If wetland vegetation must be disturbed during the activity, it must be replaced or reestablished immediately upon completion of the activity and must be maintained.
(3)	Non-native wetland plants may not be planted in disturbed areas.
(4)	The trench width in any protected natural resource must be no wider than necessary to install the device.
(5)	Any trench in or adjacent to the wetland must be refilled with the material that was excavated. The original grading and elevation of the wetland must be restored. Residual fill material must be removed from the wetland or water body and properly stabilized. Pipe bedding material such as crushed stone or sand may be used provided clay dams or synthetic boots are used where appropriate to prevent wetland draining through the bedding material.
(6)	The water intake structure may not interfere with any potential boat usage and may not block fish passage.
(7)	If the activity occurs within tidal waters, the activity must occur during the time period approved by the Department of Marine Resources.
(8)	Excavation of a pool to increase depth is prohibited under this section.
(9)	Maintenance clearing of deposited debris and sediments from the intake area is allowed provided the cleared materials are removed from the resource and are disposed of in an upland location at least 75 feet from any open water body and stabilized to prevent erosion unless a closer upland disposal area is approved under Section 2 of this rule. Disposal of any dredged material or debris must be carried out in conformance with Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S. Sections 1301 et seq. Clearing or removal of sediment from a water body for other purposes is not allowed under this section.
body and stabilized to prevent erosion unless a closer upland disposal area is approved under Section 2 of this rule. Disposal of any dredged material or debris must be carried out in conformance with Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S. Sections 1301 et seq. Clearing or removal of sediment from a water body for other purposes is not allowed under this section.
(10) If work is performed in a river, stream or brook that is less than three feet deep at the time of the activity and at the location of the activity, the applicant must provide for temporary diversion of flow to the opposite side of the channel while work is in progress.
(a)	Diversion may be accomplished by placing sandbags, timbers, sheet steel, concrete blocks, 6+ mil polyethylene or geotextiles from the bank to midstream on the upstream side of the activity. No more than two-thirds (2/3) or 25 feet of stream width, whichever is less, may be diverted at one time.
(b)	Any material used to divert water flow must be completely removed upon completion of the activity, and the stream substrate must be restored to its original condition.
(c)	A pump may be operated, where necessary, for a temporary diversion. The pump outlet must be located and operated such that erosion or the discharge of sediment to the water is prevented.
(11) Wheeled or tracked equipment may not be operated in the water. Equipment operating on the shore may reach into the water with a bucket, or similar extension. Equipment may cross streams on rock, gravel or ledge bottom.
(12) Wheeled or tracked equipment that must travel or work in a vegetated wetland area must travel and work on mats or platforms in order to protect wetland vegetation.
(13) Work below the high water line of a great pond, river, stream or brook must be done at low water, except as required for emergency flood control work. Measures such as a silt boom or staked fencing must be employed to reduce and isolate turbidity.
ed equipment that must travel or work in a vegetated wetland area must travel and work on mats or platforms in order to protect wetland vegetation.
(13) Work below the high water line of a great pond, river, stream or brook must be done at low water, except as required for emergency flood control work. Measures such as a silt boom or staked fencing must be employed to reduce and isolate turbidity.
(14) Uncured concrete may not be placed directly into the water. Concrete must be pre-cast and cured at least three weeks before placing in the water, or where necessary, must be placed in forms and cured at least one week before the forms are removed. No washing of tools, forms, or other equipment may occur in the waterbody or wetland.
(15) The use of untreated lumber is preferred. Lumber pressure treated with chromated copper arsenate (CCA) may be used only if necessary and only if use is allowed under federal law and not prohibited from sale under 38 M.R.S. §1682, provided it is cured on dry land in such a manner to expose all surfaces to the air for a period of at least 21 days prior to construction. Wood treated with creosote or pentachlorophenol may not be used where the wood will come in contact with water. Sawdust or other lumber waste materials may not be stored or placed in such a manner that pollutants may be discharged into the resource.
(16) Blasting in inundated areas is prohibited.
D.	Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:
(1)	Land adjacent to a protected natural resource. Any land area within 75 feet, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.
n inundated areas is prohibited.
D.	Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:
(1)	Land adjacent to a protected natural resource. Any land area within 75 feet, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.
(2)	Non-native wetland plants. Wetland grasses, forbs, shrubs, or trees not native to the State of Maine, for example, common reed (Phragmites communis) and purple loosestrife (Lythrum salicaria).
4.	Replacement of structures
A.	Applicability
This section applies to the replacement of a legally existing permanent structure in, on, or over a coastal wetland, freshwater wetland, great pond, fragile mountain area, or river, stream or brook. Some activities involving maintenance and repair of a permanent structure may not require a permit (see Note at the end of this section).
(2)	In order to be eligible for this section, the structure must have been in place and functioning as intended within 24 months of the DEP's receipt of the notification form. A permit by rule for replacement is valid for three years from the date of approval.
(3)	This section does not apply to the replacement of a structure adjacent to a protected natural resource, except for a structure that is partly in, on, or over and partly adjacent to the resource and except for a legally existing shoreline stabilization structure (e.g., riprap, vertical seawall or retaining wall). (See Section 2: Activities adjacent to protected natural resources.)
(4)	This section does not apply to structures located within a coastal sand dune system. (See Section 16: Development activities in coastal sand dunes.)
(5)	This section does not apply to the replacement of a dam or a tidal flood gate.
existing shoreline stabilization structure (e.g., riprap, vertical seawall or retaining wall). (See Section 2: Activities adjacent to protected natural resources.)
(4)	This section does not apply to structures located within a coastal sand dune system. (See Section 16: Development activities in coastal sand dunes.)
(5)	This section does not apply to the replacement of a dam or a tidal flood gate.
(6)	This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of permits issued under the Site Location of Development Law, 38 M.R.S. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S. Section 420-D, or the Natural Resources Protection Act, 38 M.R.S. Sections 480-A to 480-KK.
(7)	This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.
NOTE:	Contact the local Code Enforcement Officer for information on local shoreland zoning requirements
B.	Submissions
(1)	For an activity occurring in tidal waters, notice of approval of timing of the activity from the Department of Marine Resources must be submitted to the DEP with the notification form.
(2)	The applicant is required to submit photographs of the area which will be affected by the activity proposed.
(3)	Photographs showing the completed project and the affected area must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the notification form or labeled with the applicant's name and the municipality in which the activity took place.
2)	The applicant is required to submit photographs of the area which will be affected by the activity proposed.
(3)	Photographs showing the completed project and the affected area must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the notification form or labeled with the applicant's name and the municipality in which the activity took place.
(4)	A scaled plan or drawing of the structure to be replaced that includes at a minimum the location, width, length and height of the existing structure.
It is not necessary to have the plan professionally prepared. However, it must be legible and drawn to a scale that provides a clear representation of distances and measurements on the plan.
C.	Standards
A replaced structure that is located in, on, or over a protected natural resource may not exceed the dimensions, including height, of the previously existing structure, and may not extend any further into the water body or wetland, except that retaining walls may be reinforced with a facing material not exceeding 6 inches in width or may be replaced with riprap, biodegradable stabilization materials or vegetation in accordance with Section 8 "Shoreline stabilization".
NOTE:	Vegetation is the preferred method of erosion control near water bodies. Where the use of vegetation is not feasible, riprap is preferred over retaining walls because it dissipates wave action and is a more stable structure over the long term. The DEP encourages the replacement of retaining walls with riprap, unless the presence of large trees or structures makes its use impractical.
A replaced structure may be relocated landward during replacement so that its footprint covers less of the protected natural resource
prap is preferred over retaining walls because it dissipates wave action and is a more stable structure over the long term. The DEP encourages the replacement of retaining walls with riprap, unless the presence of large trees or structures makes its use impractical.
A replaced structure may be relocated landward during replacement so that its footprint covers less of the protected natural resource.
Notwithstanding Section 4(C)(1), the height of a replaced pier, wharf or dock in, on or over a coastal wetland may be increased by no more than the amount necessary for the bottom of the lowest horizontal structural component of the deck of the pier, wharf or dock to be 4 feet above the base flood elevation mapped by the Federal Emergency Management Agency (FEMA). The deck of the pier, wharf or dock may be extended into the upland only as necessary to accommodate any height increase under this paragraph and an additional row of pilings may be placed under the deck to facilitate that extension.
For the purposes of this section a “pier, wharf, or dock” includes any permanent structures located on the pier, wharf or dock but does not include a seawall, jetty, breakwater, or similar structure intended to dissipate wave action.
NOTE:	FEMA flood map information may be found at the FEMA website or your municipal office: https://www.fema.gov/flood-maps
Notwithstanding Section 4(C)(1), the height of an existing riprap stabilization structure, vertical seawall or retaining wall located in and/or directly adjacent to a coastal wetland may be increased up to one foot above the base flood elevation mapped by FEMA in accordance with Section 8 or Section 8-A
tion may be found at the FEMA website or your municipal office: https://www.fema.gov/flood-maps
Notwithstanding Section 4(C)(1), the height of an existing riprap stabilization structure, vertical seawall or retaining wall located in and/or directly adjacent to a coastal wetland may be increased up to one foot above the base flood elevation mapped by FEMA in accordance with Section 8 or Section 8-A.
Notwithstanding Sections 4(C)(1-4), the height of another structure that is a legally existing nonconforming principal or accessory structure under the local shoreland zoning ordinance may be increased by no more than the amount necessary for the bottom of the lowest horizontal structural component of the structure to be 3 feet above the base flood elevation mapped by FEMA or to be the elevation necessary to be consistent with the local floodplain management elevation requirement, whichever is greater. The applicant must submit evidence that the municipality has approved the elevation and location of the replacement structure.
The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the resource:
For any soil disturbance that is limited to the upland and does not extend into the protected natural resource, sediment controls such as trenched and anchored silt fence, an erosion control mix berm at least 1 foot tall, staked straw bales, anchored erosion control socks at least 12 inches in diameter, or a combination of these methods must be properly installed between the area of soil disturbance and the resource before the activity begins and maintained until the disturbed area is permanently stabilized;
Any soil disturbance within a freshwater wetland, great pond, river, stream, or brook must be done during periods of low water to minimize impacts (in-stream work window, lake draw-down, etc.) and must be temporarily or permanently stabilized daily
led between the area of soil disturbance and the resource before the activity begins and maintained until the disturbed area is permanently stabilized;
Any soil disturbance within a freshwater wetland, great pond, river, stream, or brook must be done during periods of low water to minimize impacts (in-stream work window, lake draw-down, etc.) and must be temporarily or permanently stabilized daily. The placement of sediment barriers within the water would be ineffective and could cause unnecessary damage to the resource;
Any soil disturbance within a coastal wetland must be done at or near low tide and must be temporarily or permanently stabilized before being submerged. The placement of sediment barriers within the tidal zone would be ineffective and could cause unnecessary damage to the resource;
Surface flows from above the disturbed area must be diverted around the disturbed area until final stabilization and any diverted runoff must be managed to prevent erosion; examples of diversions include but are not limited to erosion control mix berms or socks, sand bags, and shallow excavated trenches;
Within 1 calendar day following the completion of any soil disturbance, and prior to any storm event, temporary or permanent stabilization must be implemented or spread on any exposed soils;
All disturbed soils must be permanently stabilized; and
Within 30 days of final stabilization of the site, any silt fence, straw bales, or temporary erosion or sediment controls containing plastic or other non-biodegradable materials must be removed and erosion control mulch berms must be raked to a depth of no more than 6 inches.
NOTE:	For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated October 2016. This handbook and other references are available online at https://www.maine.gov/dep/land/erosion/escbmps/ or by contacting the DEP.
Disturbance of wetland vegetation must be avoided if possible
ion control mulch berms must be raked to a depth of no more than 6 inches.
NOTE:	For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated October 2016. This handbook and other references are available online at https://www.maine.gov/dep/land/erosion/escbmps/ or by contacting the DEP.
Disturbance of wetland vegetation must be avoided if possible. If wetland vegetation must be disturbed during the activity, it must be reestablished immediately upon completion of the activity and must be maintained.
Non-native wetland plants may not be planted in disturbed areas.
Work done in a river, stream or brook must allow for fish passage and the maintenance of normal stream flows at all times of year and may not impound water.
No dredging may take place during the activity and no material may be removed from the affected natural resource except that rocks that were part of the original structure may be removed or reused.
Work below the high water line of a great pond, river, stream or brook must be done at low water, except as required for emergency flood control work. Measures, such as a silt boom or staked fencing, must be employed to reduce and isolate turbidity.
If the activity occurs within tidal waters, the activity must occur during the time period approved by the Department of Marine Resources.
If work is performed in a river, stream or brook that is less than three feet deep at the time of the activity and at the location of the activity, the applicant must provide for temporary diversion of flow to the opposite side of the channel while work is in progress.
(a)	Diversion may be accomplished by placing sandbags, timbers, sheet steel, concrete blocks, 6+ mil polyethylene or geotextiles from the bank to midstream on the upstream side of the activity. No more than two-thirds (2/3) or 25 feet of stream width, whichever is less, may be diverted at one time.
ovide for temporary diversion of flow to the opposite side of the channel while work is in progress.
(a)	Diversion may be accomplished by placing sandbags, timbers, sheet steel, concrete blocks, 6+ mil polyethylene or geotextiles from the bank to midstream on the upstream side of the activity. No more than two-thirds (2/3) or 25 feet of stream width, whichever is less, may be diverted at one time.
(b)	Any material used to divert water flow must be completely removed upon completion of the activity, and the stream substrate must be restored to its original condition.
(c)	A pump may be operated, where necessary, for a temporary diversion. The pump outlet must be located and operated such that erosion or the discharge of sediment to the water is prevented.
Wheeled or tracked equipment may not be operated in the water. Equipment operating on the shore may reach into the water with a bucket or similar extension. Equipment may cross streams on rock, gravel or ledge bottom.
All wheeled or tracked equipment that must travel or work in a vegetated wetland area must travel and work on mats or platforms in order to protect wetland vegetation.
All debris or excavated material must be stockpiled either outside the wetland or on mats or platforms. Straw bales, silt fence or mulch must be used, where necessary, to prevent sedimentation. Any debris generated during the activity must be prevented from washing downstream and must be removed from the wetland or water body. Disposal of debris must be in conformance with Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S. Section 1301 et seq.
Uncured concrete may not be placed directly into the water. Concrete must be pre-cast and cured at least three weeks before placing in the water, or where necessary, must be placed in forms and cured at least one week before the forms are removed. No washing of tools, forms, etc. may occur in the waterbody or wetland.
The use of untreated lumber is preferred
ent Act, 38 M.R.S. Section 1301 et seq.
Uncured concrete may not be placed directly into the water. Concrete must be pre-cast and cured at least three weeks before placing in the water, or where necessary, must be placed in forms and cured at least one week before the forms are removed. No washing of tools, forms, etc. may occur in the waterbody or wetland.
The use of untreated lumber is preferred. Lumber pressure treated with chromated copper arsenate (CCA) may be used only if necessary and only if use is allowed under federal law and not prohibited from sale under 38 M.R.S. §1682, and provided it is cured on dry land in such a manner as to expose all surfaces to the air for a period of at least 21 days prior to construction. Wood treated with creosote or pentachlorophenol may not be used where the wood will come in contact with water. Sawdust or other lumber waste materials may not be stored or placed in such a manner that pollutants may be discharged into the resource.
The replaced structure may not interfere with, or reduce the opportunity for, existing navigational and recreational uses of the site.
D.	Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:
(1)	Dam. Any artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts a river, stream or brook or great pond.
(2)	Dredge. To move or remove, by digging scooping or suctioning any sand, silt, mud, gravel, rock, or other material from the bottom of a water body or wetland surface.
(3)	Fill. a. (verb) To put into or upon, supply to, or allow to enter a water body or wetland any earth, rock, gravel, sand, silt, clay, peat, or debris; b. (noun) Material, other than structures, placed in or adjacent to a water body or wetland.
ove or remove, by digging scooping or suctioning any sand, silt, mud, gravel, rock, or other material from the bottom of a water body or wetland surface.
(3)	Fill. a. (verb) To put into or upon, supply to, or allow to enter a water body or wetland any earth, rock, gravel, sand, silt, clay, peat, or debris; b. (noun) Material, other than structures, placed in or adjacent to a water body or wetland.
(4)	Land adjacent to a protected natural resource. Any land area within 75 feet, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.
(5)	Public works project. A federal, state or local government, or state-regulated utility project for public use or service including, but not limited to, highways, dams, bridges, utility lines, water lines, sewerage, and recreational facilities such as boat launch facilities.
(6)	Replacement. Any activity that results in more than 50% of a structure being restored or reconstructed whether above or below the normal high water line.
(7)	Retaining wall. A vertical or near vertical structure generally constructed of wood, concrete or rock or a combination of these materials and located at or below the normal high water line.
(8)	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”.
(9)	Structure. Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground. Examples of structures include buildings, utility lines and roads.
(10) Non-native wetland plants. Wetland grasses, forbs, shrubs, or trees not native to the State of Maine, for example, common reed (Phragmites communis) and purple loosestrife (Lythrum salicaria).
NOTES:
animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground. Examples of structures include buildings, utility lines and roads.
(10) Non-native wetland plants. Wetland grasses, forbs, shrubs, or trees not native to the State of Maine, for example, common reed (Phragmites communis) and purple loosestrife (Lythrum salicaria).
NOTES:
(1)	Section 480-Q(15-A) of the NRPA exempts the installation, removal or repair of a septic system from permitting requirements as of March 1, 1995, as long as the system complies with all requirements of the subsurface wastewater disposal rules adopted by the Department of Health and Human Services under 22 M.R.S. Section 42, subsection 3.
(2)	Section 480-Q(2) of the NRPA exempts from permitting the maintenance and minor repair of structures in, on, over or adjacent to a protected natural resource and maintenance and minor repair of private crossings of a river, stream or brook provided:
(a)	Erosion control measures are taken to prevent sedimentation of the water;
(b)	The crossing does not block fish passage in the water course;
(c)	There is not additional intrusion into the protected natural resources; and
(d)	The dimensions of the repaired structure do not exceed the dimensions of the structure as it existed 24 months prior to the repair.
Section 480-Q(2) of the NRPA does not apply to the repair of more than 50% of a structure located in a coastal sand dune system; the repair of more than 50% of a dam, unless that repair has been approved by a representative of the United States Natural Resources Conservation Service; or the repair of more than 50% of any other structure, unless the municipality in which the proposed activity is located requires a permit for the activity through an ordinance adopted pursuant to the mandatory shoreland zoning laws and the application for a permit is approved by the municipality.
ir has been approved by a representative of the United States Natural Resources Conservation Service; or the repair of more than 50% of any other structure, unless the municipality in which the proposed activity is located requires a permit for the activity through an ordinance adopted pursuant to the mandatory shoreland zoning laws and the application for a permit is approved by the municipality.
(3)	Section 480-Q(2-B) of the NRPA exempts from permitting the replacement of a floating dock with another floating dock if the dimensions of the replacement dock do not exceed those of the dock being replaced and the configuration of the replacement dock is the same as the dock being replaced.
(4)	Section 480-Q(2-F) of the NRPA exempts from permitting the repair of a pier, wharf or dock located wholly or partially in, on or over a coastal wetland if:
Erosion control measures are taken to prevent sedimentation of the water;
There is no additional intrusion into the coastal wetland;
Fill is not placed in or adjacent to the coastal wetland; and
The dimensions of the repaired pier, wharf or dock do not exceed the dimensions of the pier, wharf or dock as it existed 24 months prior to the repair, except that the height of the pier, wharf or dock may be increased by no more than the amount necessary for the bottom of the lowest horizontal structural component of the deck of the pier, wharf or dock to be 4 feet above the base flood elevation. The deck of the pier, wharf or dock may be extended into the upland only as necessary to accommodate any height increase under this paragraph.
Section 480-Q(2-F) does not apply to the repair of more than 50% of a pier, wharf or dock located wholly or partially in, on or over a coastal wetland unless the municipality in which the repair activity is located requires a permit for the activity through an ordinance adopted pursuant to the mandatory shoreland zoning laws and the application for a permit is approved by the municipality
ragraph.
Section 480-Q(2-F) does not apply to the repair of more than 50% of a pier, wharf or dock located wholly or partially in, on or over a coastal wetland unless the municipality in which the repair activity is located requires a permit for the activity through an ordinance adopted pursuant to the mandatory shoreland zoning laws and the application for a permit is approved by the municipality.
For the purposes of Section 480-Q(2-F), "pier, wharf or dock" includes any permanent structures located on the pier, wharf or dock. "Pier, wharf or dock" does not include a seawall, jetty, breakwater or similar structure designed to dissipate wave action.
(5)	Section 480-Q(9) of the NRPA exempts from permitting emergency repair or normal maintenance and repair of existing public works which affect any protected natural resource. An activity which is exempt under this subsection must employ erosion control measures to prevent sedimentation of any surface water, may not block fish passage in any water course and may not result in any additional intrusion of the public works into the protected natural resource. This exemption does to apply to any activity on an outstanding river segment as listed in section 480-P.
5.	[REPEALED]
6.	Movement of rocks or vegetation
A.	Applicability
(1)	This section applies to the limited movement of rocks or hand removal of vegetation from below the normal high water line of a great pond or river, stream or brook in order to provide access for swimming or navigation.
(2)	This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of permits issued under the Site Location of Development Law, 38 M.R.S. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S. Section 420-D, the Natural Resources Protection Act, 38 M.R.S. Sections 480-A to 480-KK.
ook in order to provide access for swimming or navigation.
(2)	This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of permits issued under the Site Location of Development Law, 38 M.R.S. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S. Section 420-D, the Natural Resources Protection Act, 38 M.R.S. Sections 480-A to 480-KK.
(3)	This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.
NOTE: Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.
B.	Submissions
(1)	The applicant is required to submit photographs of the area which will be affected by the activity proposed.
(2)	Photographs showing the completed project and the affected area must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the notification form or labeled with the applicant's name and the municipality in which the activity took place.
C.	Standards
(1)	The width of the area to be cleared may not exceed 10 feet, as measured parallel to the shore. Only one area may be cleared per lot with shore frontage or area under common ownership with shore frontage.
(2)	If the area has been cleared in the past, subsequent clearing must be limited to the same area.
(3)	Rocks moved from the cleared area must remain in the water and must be distributed randomly in such a way that a structure such as a jetty or boat ramp will not be formed. Rocks may not be removed from the water.
(4)	Wheeled or tracked equipment may not be operated in the water. For large rock movement, equipment operating on the shore may reach into the water with a bucket or similar extension provided no bottom sediments are removed or displaced. Areas that are disturbed as part of equipment access and operation must be restored to their original grade and vegetation or as near thereto as practicable.
(5)	Rocks that are holding the shoreline may not be moved.
the water. For large rock movement, equipment operating on the shore may reach into the water with a bucket or similar extension provided no bottom sediments are removed or displaced. Areas that are disturbed as part of equipment access and operation must be restored to their original grade and vegetation or as near thereto as practicable.
(5)	Rocks that are holding the shoreline may not be moved.
(6)	Cut or uprooted vegetation must be removed from the water.
(7)	Work must be done during periods of low water level or flow.
7.	Outfall pipes
A.	Applicability
(1)	This section applies to the installation and maintenance of a permanent outfall pipe, an outlet from a ditch or drain tile for storm water, ground water or other discharges licensed by the DEP in or on land adjacent to a coastal wetland, freshwater wetland, great pond, river, stream or brook.
NOTES:
(1)	A wastewater discharge license from the DEP is required for any discharge from an the outlet other than stormwater from residential development; small commercial or industrial facilities; or uncontaminated groundwater.
(2)	A permit will be required from the US Army Corps of Engineers for the following types of projects:
(a)	Any activity involving open trench excavation in a waterbody or wetland;
(b)	Any activity in coastal waterways;
(c)	Any activity within a river, stream or brook between October 2 and July 14; or
(d)	Any activity involving work in waterways designated as Essential Fish Habitat for Atlantic salmon including all aquatic habitats in the watersheds of the following rivers and streams, including all tributaries to the extent that they are currently or were historically accessible for salmon migration: St. Croix, Boyden, Dennys, Hobart Stream, Aroostook, East Machias, Machias, Pleasant, Narraguagus, Tunk Stream, Patten Stream, Orland, Penobscot, Passagassawaukeag, Union, Ducktrap, Sheepscot, Kennebec, Androscoggin, Presumpscot, and Saco River
of the following rivers and streams, including all tributaries to the extent that they are currently or were historically accessible for salmon migration: St. Croix, Boyden, Dennys, Hobart Stream, Aroostook, East Machias, Machias, Pleasant, Narraguagus, Tunk Stream, Patten Stream, Orland, Penobscot, Passagassawaukeag, Union, Ducktrap, Sheepscot, Kennebec, Androscoggin, Presumpscot, and Saco River.
A copy of the PBR notification and original photographs, not photocopies, should be submitted to the Corps of Engineers for these activities (U.S. Army Corps of Engineers, 442 Civic Center Drive, Suite 350, Augusta, ME 04330. Tel. (207) 623-8367).
(2)	This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of permits issued under the Site Location of Development Law, 38 M.R.S. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S. Section 420-D, or the Natural Resources Protection Act, 38 M.R.S. Sections 480-A to 480-KK.
(3)	This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.
NOTE:	Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.
B.	Submissions
(1)	For an activity occurring in tidal waters, notice of approval of the timing of the activity from the Department of Marine Resources must be submitted to the DEP with the notification form.
(2)	The applicant is required to submit photographs of the area which will be affected by the activity proposed.
ode Enforcement Officer for information on local shoreland zoning requirements.
B.	Submissions
(1)	For an activity occurring in tidal waters, notice of approval of the timing of the activity from the Department of Marine Resources must be submitted to the DEP with the notification form.
(2)	The applicant is required to submit photographs of the area which will be affected by the activity proposed.
(3)	Photographs showing the completed project and the affected area must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the notification form or labeled with the applicant's name and the municipality in which the activity took place.
C.	Standards
The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the resource:
For any soil disturbance that is limited to the upland and does not extend into the protected natural resource, sediment controls such as trenched and anchored silt fence, an erosion control mix berm at least 1 foot tall, staked straw bales, anchored erosion control socks at least 12 inches in diameter, or a combination of these methods must be properly installed between the area of soil disturbance and the resource before the activity begins and maintained until the disturbed area is permanently stabilized;
Any soil disturbance within a freshwater wetland, great pond, river, stream, or brook must be done during periods of low water to minimize impacts (in-stream work window, lake draw-down, etc.) and must be temporarily or permanently stabilized daily. The placement of sediment barriers within the water would be ineffective and could cause unnecessary damage to the resource;
Any soil disturbance within a coastal wetland must be done at or near low tide and must be temporarily or permanently stabilized before being submerged
to minimize impacts (in-stream work window, lake draw-down, etc.) and must be temporarily or permanently stabilized daily. The placement of sediment barriers within the water would be ineffective and could cause unnecessary damage to the resource;
Any soil disturbance within a coastal wetland must be done at or near low tide and must be temporarily or permanently stabilized before being submerged. The placement of sediment barriers within the tidal zone would be ineffective and could cause unnecessary damage to the resource;
Surface flows from above the disturbed area must be diverted around the disturbed area until final stabilization and any diverted runoff must be managed to prevent erosion; examples of diversions include but are not limited to erosion control mix berms or socks, sand bags, and shallow excavated trenches;
Within 1 calendar day following the completion of any soil disturbance, and prior to any storm event, temporary or permanent stabilization must be implemented or spread on any exposed soils;
All disturbed soils must be permanently stabilized; and
Within 30 days of final stabilization of the site, any silt fence, straw bales, or temporary erosion or sediment controls containing plastic or other non-biodegradable materials must be removed and erosion control mulch berms must be raked to a depth of no more than 6 inches.
NOTE:	For guidance on erosion and sedimentation control consult the Maine Erosion and Sediment Control BMPs, dated October 2016. This handbook and other references are available online at https://www.maine.gov/dep/land/erosion/escbmps/ or by contacting the DEP.
ic or other non-biodegradable materials must be removed and erosion control mulch berms must be raked to a depth of no more than 6 inches.
NOTE:	For guidance on erosion and sedimentation control consult the Maine Erosion and Sediment Control BMPs, dated October 2016. This handbook and other references are available online at https://www.maine.gov/dep/land/erosion/escbmps/ or by contacting the DEP.
(2)	Stormwater outfalls, whether a pipe or trench, must utilize velocity reducing structures and/or rock aprons to prevent erosion. A vegetative filter strip of at least 25 feet long must be established and maintained between the outfall structure and the resource unless a different standard is required pursuant to the Site Location of Development Law, 38 M.R.S. Sections 481 to 490, or the Storm Water Management Law, 38 M.R.S. Section 420-D. The DEP may approve a reduction in width of the vegetated buffer if:
(a)	The applicant demonstrates in writing that the full buffer width is not practicable;
(b)	Any recommendations from the DEP are incorporated into the activity; and
(c)	Approval of the reduction is from the DEP in writing.
(3)	Foundation drains and licensed discharges may extend to, and outfall in, the resource. If necessary, a rock apron must be constructed to prevent erosion.
(4)	Disturbance of wetland vegetation must be avoided if possible. If wetland vegetation must be disturbed during the activity, it must be reestablished immediately upon completion of the activity and must be maintained.
(5)	Non-native wetland plants may not be planted in disturbed areas.
(6)	The trench width in any protected natural resource must be no wider than necessary to install the device.
(4)	Disturbance of wetland vegetation must be avoided if possible. If wetland vegetation must be disturbed during the activity, it must be reestablished immediately upon completion of the activity and must be maintained.
(5)	Non-native wetland plants may not be planted in disturbed areas.
(6)	The trench width in any protected natural resource must be no wider than necessary to install the device.
(7)	The trench in and adjacent to the protected natural resource must be refilled with the material that was excavated. The original grading and elevation of the wetland must be restored. Residual fill material must be removed from the wetland or water body and properly stabilized. Pipe bedding material such as crushed stone or sand may be used provided clay dams or synthetic boots are used where appropriate to prevent wetland draining through the bedding material.
(8)	Blasting in inundated areas is prohibited.
(9)	The outfall structure may not interfere with any potential boat usage of the project site.
(10) Wheeled or tracked equipment may not operate in the water. Equipment operating on the shore may reach into the water with a bucket or similar extension. Equipment may cross streams on rock, gravel or ledge bottom.
(11) All wheeled or tracked equipment that must travel or work in a vegetated wetland area must travel and work on mats or platforms in order to protect wetland vegetation.
(12) Work below the high water line of a great pond, river, stream or brook must be done at low water except as required for emergency flood control work. Measures, such as a silt boom or staked fencing, must be employed to reduce and isolate turbidity.
d equipment that must travel or work in a vegetated wetland area must travel and work on mats or platforms in order to protect wetland vegetation.
(12) Work below the high water line of a great pond, river, stream or brook must be done at low water except as required for emergency flood control work. Measures, such as a silt boom or staked fencing, must be employed to reduce and isolate turbidity.
(13) Maintenance clearing of deposited debris and sediments from the outfall area is allowed provided the cleared materials are removed from the resource. Any debris generated during the activity must be prevented from washing downstream and must be removed from the wetland or water body. Disposal of debris must be in conformance with Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S. Section 1301 et seq.
(14) Uncured concrete may not be placed directly into the water. Concrete must be pre-cast and cured at least three weeks before placing in the water, or where necessary, must be placed in forms and cured at least one week before the forms are removed. No washing of tools, forms, etc. may occur in the waterbody or wetland.
(15) If work is performed in a river, stream or brook that is less than three feet deep at the time of the activity and at the location of the activity, the applicant must provide for temporary diversion of flow to the opposite side of the channel while work is in progress.
(a)	Diversion may be accomplished by placing sandbags, timbers, sheet steel, concrete blocks, 6+ mil polyethylene or geotextiles from the bank to midstream on the upstream side of the activity. No more than two-thirds (2/3) or 25 feet of stream width, whichever is less, may be diverted at one time.
(b)	Any material used to divert water flow must be completely removed upon completion of the activity, and the stream substrate must be restored to its original condition.
teel, concrete blocks, 6+ mil polyethylene or geotextiles from the bank to midstream on the upstream side of the activity. No more than two-thirds (2/3) or 25 feet of stream width, whichever is less, may be diverted at one time.
(b)	Any material used to divert water flow must be completely removed upon completion of the activity, and the stream substrate must be restored to its original condition.
(c)	A pump may be operated, where necessary, for a temporary diversion. The pump outlet must be located and operated such that erosion or the discharge of sediment to the water is prevented.
(16) If the activity occurs within tidal waters, the activity must occur during the time period approved by the Department of Marine Resources.
D.	Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:
(1)	Diversion. A rerouting of a river, stream or brook to a location outside of its established channel.
(2)	Dredge. To move or remove, by digging, scooping, or suctioning any sand, silt, mud, gravel, rock, or other material from the bottom of a water body or wetland surface.
(3)	Fill. a. (verb) To put into or upon, supply to, or allow to enter a water body or wetland any earth, rock, gravel, sand, silt, clay, peat, or debris; b. (noun) Material, other than structures, placed in or adjacent to a water body or wetland.
(4)	Land adjacent to a protected natural resource. Any land area within 75 feet, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.
(5)	Non-native wetland plants. Wetland grasses, forbs, shrubs, or trees not native to the State of Maine, for example, common reed (Phragmites communis) and purple loosestrife (Lythrum salicaria).
8.	Shoreline stabilization
A.	Applicability
et, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.
(5)	Non-native wetland plants. Wetland grasses, forbs, shrubs, or trees not native to the State of Maine, for example, common reed (Phragmites communis) and purple loosestrife (Lythrum salicaria).
8.	Shoreline stabilization
A.	Applicability
(1)	General applicability for all projects
This section applies to a shoreline stabilization activity along the shoreline of a coastal wetland, great pond, freshwater wetland with over 20,000 square feet of open water, stream, or brook that uses one or a combination of the following techniques:
Establishment of native vegetation, which may include the use of biodegradable stabilization materials;
Toe protection, which may include the use of biodegradable stabilization materials or riprap; and
Riprap stabilization.
This section applies to a shoreline stabilization activity along the shoreline of a river as defined by the Mandatory Shoreland Zoning Act, 38 M.R.S. Section 436-A(11), that uses one or a combination of the following techniques:
Establishment of native vegetation, which may include the use of biodegradable stabilization materials;
Toe protection using biodegradable stabilization materials.
This section applies only to areas where soils are exposed due to erosion from wave action, currents, ice scouring or changes in water levels.
This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.
This section does not apply to an activity that causes the total square footage of fill on the entire lot from shoreline stabilization to exceed:
200 square feet below the normal high waterline for freshwater wetlands, great ponds, rivers, streams or brooks; or
400 square feet below the highest astronomical tide line for coastal wetlands
t will not conform to the local shoreland zoning ordinance.
This section does not apply to an activity that causes the total square footage of fill on the entire lot from shoreline stabilization to exceed:
200 square feet below the normal high waterline for freshwater wetlands, great ponds, rivers, streams or brooks; or
400 square feet below the highest astronomical tide line for coastal wetlands.
(Under this section, fill may only be placed below the normal high water line or highest astronomical tide line for toe protection in accordance with subsection C(3)).
This section does not apply to an activity that covers or destroys saltmarsh or eelgrass vegetation.
This section does not apply to an activity in or seaward of a coastal sand dune system (see Section 16-A: Non-development activities in coastal sand dunes).
This section does not apply to an activity in an essential or significant wildlife habitat, except that this section applies to an activity in Tidal Waterfowl and Wading Bird Habitat as long as the activity is not in a saltmarsh or mudflat.
NOTE:	Significant wildlife habitat is defined in the Department’s Chapter 335 Significant Wildlife Habitat rule. Essential Habitat is defined in the Department of Inland Fisheries and Wildlife’s Chapter 8 Endangered Species rule.
Applicability for activities that use riprap
This section does not apply to an activity using riprap that causes the total linear feet of shoreline stabilized by riprap, seawalls, retaining walls or other similar structures on the lot to exceed:
100 linear feet for freshwater wetlands, great ponds, streams or brooks; or
125 linear feet for coastal wetlands
ife’s Chapter 8 Endangered Species rule.
Applicability for activities that use riprap
This section does not apply to an activity using riprap that causes the total linear feet of shoreline stabilized by riprap, seawalls, retaining walls or other similar structures on the lot to exceed:
100 linear feet for freshwater wetlands, great ponds, streams or brooks; or
125 linear feet for coastal wetlands.
This section does not apply to an activity using riprap along the shoreline of a coastal wetland except in the following circumstances:
To protect a legally existing water-dependent structure such as a pier, wharf, dock, boat ramp, stormwater outfall, perimeter drain outfall or stairway to the water;
To protect a subsurface wastewater disposal system that is located 25 feet or less from the upland edge of an eroding bank;
To protect a residential dwelling, commercial or public building or facility, or road (not including a driveway) that legally existed on the parcel prior to January 1, 2026, or that is part of the permitted redevelopment of impervious area that existed on the parcel prior to January 1, 2026, and that is located 100 feet or less from the upland edge of an eroding bank if the bank:
Is classified as an unstable or highly unstable bluff by the Maine Geological Survey, or
Has eroded at least five feet landward in a single year or has been eroding at least one foot landward per year, on average, over multiple years, or
Is determined to be unstable or highly unstable based on a site-specific evaluation by the Maine Geological Survey; or
To protect a publicly owned open space such as a municipal park if the bank:
Is classified as an unstable or highly unstable bluff by the Maine Geological Survey, or
Has eroded at least five feet landward in a single year or has been eroding at least one foot landward per year, on average, over multiple years, or
Is determined to be unstable or highly unstable based on a site-specific evaluation by the Maine Geological Survey
pen space such as a municipal park if the bank:
Is classified as an unstable or highly unstable bluff by the Maine Geological Survey, or
Has eroded at least five feet landward in a single year or has been eroding at least one foot landward per year, on average, over multiple years, or
Is determined to be unstable or highly unstable based on a site-specific evaluation by the Maine Geological Survey.
This section does not apply to an activity using riprap within 25 feet of a coastal sand dune system.
This section does not apply to an activity using riprap in or seaward of a coastal barrier resources system unit.
NOTES:
Coastal sand dune systems are defined in the Department’s Chapter 355 Coastal Sand Dune Rules. The Maine Geological Survey publishes maps to aid in the identification of coastal sand dune systems. Maps can be found here: https://www.maine.gov/dacf/mgs/pubs/digital/dunes.htm
Coastal barrier resources system units are listed in 38 M.R.S. §1904 and are mapped by the U.S. Fish and Wildlife Service. Maps can be found here: https://www.fws.gov/program/coastal-barrier-resources-act/maps-and-data
Coastal bluff maps can be found on the Maine Geological Survey website here: https://www.maine.gov/dacf/mgs/pubs/digital/bluffs.htm
(4)	Contact the local Code Enforcement Officer for information on local shoreland zoning requirements. The DEP’s minimum guidelines for Municipal Shoreland Zoning Ordinances allow for a construction equipment access path no wider than 12 feet if working from the upland. An approved replanting plan is required for any vegetation that is removed.
ttps://www.maine.gov/dacf/mgs/pubs/digital/bluffs.htm
(4)	Contact the local Code Enforcement Officer for information on local shoreland zoning requirements. The DEP’s minimum guidelines for Municipal Shoreland Zoning Ordinances allow for a construction equipment access path no wider than 12 feet if working from the upland. An approved replanting plan is required for any vegetation that is removed.
(5) A permit will generally be required from the US Army Corps of Engineers for the construction of any structure in, over, or under any navigable water of the U.S. (see 33 CFR 328), the excavating or dredging from or depositing of material in such waters, or the accomplishment of any other work affecting the course, location, condition, or capacity of such waters (see 33 CFR 322). Additionally, a permit will generally be required from the US Army Corps of Engineers for the discharge of dredged or fill material and certain discharges associated with excavation into waters of the U.S. including wetlands (see 33 CFR 323). In general, any project that includes fill or structures below the ordinary high water line of fresh waters or below the spring high tide line of tidal waters will usually require a permit from the US Army Corps of Engineers. A copy of the PBR notification form and original photographs, not photocopies, should be submitted to the Corps for these activities (US Army Corps of Engineers, 442 Civic Center Drive, Suite 350, Augusta, ME 04330. Tel. (207) 623-8367).
B.	Submissions
The applicant is required to submit a minimum of one photograph in an orientation parallel to the shoreline and one photograph in an orientation perpendicular to the shoreline from the resource landward along each 25-foot section of shoreline where the activity is proposed. The photographs must clearly document erosion of the shoreline caused by wave action, currents, ice scouring or changes in water levels. The photographs should include a person or some other object for scale
parallel to the shoreline and one photograph in an orientation perpendicular to the shoreline from the resource landward along each 25-foot section of shoreline where the activity is proposed. The photographs must clearly document erosion of the shoreline caused by wave action, currents, ice scouring or changes in water levels. The photographs should include a person or some other object for scale. Photographs along a coastal shoreline must be taken at or near low tide.
The applicant must submit a written description of the cause of the erosion.
For an activity using riprap along the shoreline of a coastal wetland, the applicant must provide photographs or site plans showing the structure(s) or publicly owned open space that the riprap is designed to protect in accordance with subsection (A)(2)(b) above. As applicable, the applicant must also provide a measurement from the structure to the upland edge of the eroding bank (see subsections (A)(2)(b)(ii)&(iii)) and either a Maine Geological Survey map or site-specific evaluation by the Maine Geological Survey showing the bluff as unstable or highly unstable or dated photographs, satellite imagery, or aerial imagery demonstrating that the area where the project is proposed has eroded at least five feet landward in a single year or is eroding at least one feet landward per year, on average, over multiple years (subsections(A)(2)(b)(iii and iv)).
NOTE:	Coastal bluff maps can be found on the Maine Geological Survey website here: https://www.maine.gov/dacf/mgs/pubs/digital/bluffs.htm
The applicant must submit photographs of all pre-existing riprap on the lot and photographs or descriptions of all pre-existing fill from stabilization activities below the normal high water line or highest astronomical tide line on the lot. The applicant must state how many linear feet of shoreline on the lot have been stabilized using riprap and how many square feet of fill from stabilization exists below the normal high water line or the highest astronomical tide line on the lot
raphs or descriptions of all pre-existing fill from stabilization activities below the normal high water line or highest astronomical tide line on the lot. The applicant must state how many linear feet of shoreline on the lot have been stabilized using riprap and how many square feet of fill from stabilization exists below the normal high water line or the highest astronomical tide line on the lot.
The applicant must submit a scaled drawing and at least two cross-sections of the proposed activity. The drawing must clearly depict the property boundaries, the normal high water line or highest astronomical tide line, and the extent of any soil disturbance, grading, vegetated areas, biodegradable stabilization materials, and/or riprap proposed to be installed, such as the length along the shoreline, square footage of fill below the normal high water line or highest astronomical tide line, and height above and below the normal high water line or highest astronomical tide line. The drawing must be legible and drawn to a scale that provides a clear representation of distances and measurements on the plan.
The applicant must submit a plan for how machinery will access the project site. If work will be done below the normal high water line or highest astronomical tide line, the plan must describe how machinery will access these areas.
If required pursuant to subsection C(4)(b) of this section, the applicant must submit approval from a Maine Registered Professional Engineer, the United States Natural Resources Conservation Service, or the local Soil and Water Conservation District for the design of a riprap stabilization activity along the shoreline of a stream or brook.
If required pursuant to subsection C(4)(c) of this section, the applicant must submit approval from, and evidence of the credentials of, a design professional for the design of a riprap stabilization activity along the shoreline of a coastal wetland.
Photographs showing the finished activity must be submitted within 20 days of the activity's completion
ity along the shoreline of a stream or brook.
If required pursuant to subsection C(4)(c) of this section, the applicant must submit approval from, and evidence of the credentials of, a design professional for the design of a riprap stabilization activity along the shoreline of a coastal wetland.
Photographs showing the finished activity must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the notification form or labeled with the applicant's name and the municipality in which the activity took place.
C.	Standards
NOTE:	Shoreline stability and erosion is influenced by several factors including energy levels from waves and currents, the amount of vegetation on the shoreline, groundwater and surface water flows, and land use changes. Shoreline stabilization activities under this section should match the natural condition of the shoreline to the greatest extent possible, including minimizing impacts from stabilization activities, preserving vegetation, and assessing how the use of the upland may be affecting long term shoreline stability.
Standards for All Shoreline Stabilization Activities
The activity must conform to the local shoreland zoning ordinance.
The activity may not result in more than:
200 square feet of fill below the normal high water line for freshwater wetlands, great ponds, rivers, streams or brooks from all shoreline stabilization activities on the lot; or
400 square feet below the highest astronomical tide line from coastal wetlands for all shoreline stabilization activities on the lot.
This includes any fill placed during the activity and any pre-existing fill from shoreline stabilization activities on the lot.
No trees larger than 4 inches diameter at breast height may be removed, except as necessary for regrading in accordance with subsection C(4)(e) or for equipment access to the water. Hazard trees may also be removed
ds for all shoreline stabilization activities on the lot.
This includes any fill placed during the activity and any pre-existing fill from shoreline stabilization activities on the lot.
No trees larger than 4 inches diameter at breast height may be removed, except as necessary for regrading in accordance with subsection C(4)(e) or for equipment access to the water. Hazard trees may also be removed.
Disturbance of otherwise vegetated portions of the shoreline and bank must be avoided to the greatest extent possible, except for removal of invasive species. If non-invasive vegetation must be disturbed during the activity, similar types and amounts of native vegetation must be re-established in accordance with the revegetation standards in the Department’s Chapter 1000 Guidelines for Municipal Shoreland Zoning Ordinances immediately upon completion of the activity and must be maintained to ensure survival.
A yard or other developed area may not be extended closer to the water as part of a shoreline stabilization activity.
The elevation of a parcel may not be increased as part of a shoreline stabilization activity.
The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the resource during construction:
For any soil disturbance that is limited to the upland and does not extend into the protected natural resource, sediment controls such as trenched and anchored silt fence, an erosion control mix berm at least 1 foot tall, staked straw bales, anchored erosion control socks at least 12 inches in diameter, or a combination of these methods must be properly installed between the area of soil disturbance and the resource before the activity begins and maintained until the disturbed area is permanently stabilized;
Any soil disturbance within a freshwater wetland, great pond, river, stream, or brook must be done during periods of low water to minimize impacts (in-stream work window, lake draw-down, etc.) and must be temporarily or permanently stabilized daily
led between the area of soil disturbance and the resource before the activity begins and maintained until the disturbed area is permanently stabilized;
Any soil disturbance within a freshwater wetland, great pond, river, stream, or brook must be done during periods of low water to minimize impacts (in-stream work window, lake draw-down, etc.) and must be temporarily or permanently stabilized daily. The placement of sediment barriers within the water would be ineffective and could cause unnecessary damage to the resource;
Any soil disturbance within a coastal wetland must be done at or near low tide and must be temporarily or permanently stabilized before being submerged. The placement of sediment barriers within the tidal zone would be ineffective and could cause unnecessary damage to the resource;
Surface flows from above the disturbed area must be diverted around the disturbed area until final stabilization and any diverted runoff must be managed to prevent erosion; examples of diversions include but are not limited to erosion control mix berms or socks, sand bags, and shallow excavated trenches;
Within 1 calendar day following the completion of any soil disturbance, and prior to any storm event, temporary or permanent stabilization must be implemented or spread on any exposed soils;
All disturbed soils must be permanently stabilized; and
Within 30 days of final stabilization of the site, any silt fence, straw bales, or temporary erosion or sediment controls containing plastic or other non-biodegradable materials must be removed and erosion control mulch berms must be raked to a depth of no more than 6 inches.
NOTE:	For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2014. This handbook and other references are available from the DEP or at www.maine.gov/dep/land/erosion/escbmps/esc_bmp_field.pdf
ng plastic or other non-biodegradable materials must be removed and erosion control mulch berms must be raked to a depth of no more than 6 inches.
NOTE:	For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2014. This handbook and other references are available from the DEP or at www.maine.gov/dep/land/erosion/escbmps/esc_bmp_field.pdf.
If work is performed in a river, stream or brook that is less than three feet deep at the time of the activity and at the location of the activity, the applicant must provide for temporary diversion of flow to the opposite side of the channel while work is in progress and the following conditions must be met:
Diversion may be accomplished by placing sandbags, timbers, sheet steel, concrete blocks, 6+ mil polyethylene or geotextiles from the bank to midstream on the upstream side of the activity. No more than two-thirds (2/3) or 25 feet of stream width, whichever is less, may be diverted at one time.
Any material used to divert water flow must be completely removed upon completion of the activity, and the stream substrate must be restored to its original condition.
A pump may be operated, where necessary, for a temporary diversion. The pump outlet must be located and operated such that erosion or the discharge of sediment to the water is prevented.
Wheeled or tracked equipment may not operate in the water. Equipment operating on the shore may reach into the water with a bucket or similar extension. Equipment may cross streams or brooks on rock, gravel, or ledge bottom.
Work below the high water line of a great pond, river, stream, or brook or the highest astronomical tide line of a coastal wetland must be done at low water or low tide except as required for emergency flood control work.
All excavated material must be stockpiled either outside the protected natural resource or on mats or platforms while work is taking place
rooks on rock, gravel, or ledge bottom.
Work below the high water line of a great pond, river, stream, or brook or the highest astronomical tide line of a coastal wetland must be done at low water or low tide except as required for emergency flood control work.
All excavated material must be stockpiled either outside the protected natural resource or on mats or platforms while work is taking place. Appropriate sediment controls such as trenched and anchored silt fence, an erosion control mix berm at least 1 foot tall, staked straw bales, anchored erosion control socks at least 12 inches in diameter, or a combination of these methods must be used, where necessary, to prevent sedimentation. All excavated material must be removed to a location more than 75 feet from the protected natural resource, unless otherwise required by this section or otherwise approved by the DEP, and properly stabilized with vegetation upon project completion.
Activities must be performed in accordance with the plans and drawings submitted pursuant to subsection B of this section.
Non-native species of vegetation may not be planted.
Vegetation Establishment Standards
NOTE:	Information on salt-resistant native species of vegetation useful for stabilizing Maine’s coastal bluffs can be found in the Coastal Planting Guide published by the Cumberland County Soil and Water Conservation District and available at: https://www.cumberlandswcd.org/s/171114-Coastal-Planting-Guide-Web-Reduced.pdf
Non-native species of vegetation may not be planted.
Biodegradable stabilization materials may be used to support the establishment of native vegetation adjacent to any protected natural resource.
Stakes used to secure biodegradable stabilization materials must be made of wood. Anchors or cables used to secure biodegradable stabilization materials may be made of wood, bright steel, or galvanized steel. No stainless steel may be used.
Non-toxic, biodegradable tackifiers may be used for vegetation establishment only with prior written approval from the DEP
t to any protected natural resource.
Stakes used to secure biodegradable stabilization materials must be made of wood. Anchors or cables used to secure biodegradable stabilization materials may be made of wood, bright steel, or galvanized steel. No stainless steel may be used.
Non-toxic, biodegradable tackifiers may be used for vegetation establishment only with prior written approval from the DEP.
New soil may be added to the bank adjacent to any protected natural resource and soil amendments, such as fertilizer or lime, may be used to increase soil fertility provided:
No fill is placed below the normal high water line or highest astronomical tide line;
The slope is not steeper than 1 horizontal feet to 1 vertical foot;
Water bars or diversions are used to divert stormwater runoff away from the new soil and/or soil amendments;
The depth of new soil is less than 2 inches;
The amendment is worked into the underlying soils; and
Disturbed areas are immediately mulched and seeded.
Where slopes are steeper than 2 horizontal feet to 1 vertical foot, the bank may be cut back to a shallower slope for the purposes of establishing vegetation, provided that no trees larger than 4 inches diameter at breast height are removed (except as necessary for equipment access and hazard tree removal in accordance with subsection C(1)(c) above).
Toe Protection Standards
Toe protection using biodegradable stabilization materials and/or riprap may be installed where undercutting or toe erosion is occurring and where the eroded slope is steeper than 3 horizontal feet to 1 vertical foot. The activity may not result in more than:
100 linear feet of shoreline stabilized by riprap, retaining walls or other similar structures on the lot for freshwater wetlands, great ponds, streams and brooks; or
125 linear feet of shoreline stabilized by riprap, seawalls, retaining walls or other similar structures on the lot for coastal wetlands
is steeper than 3 horizontal feet to 1 vertical foot. The activity may not result in more than:
100 linear feet of shoreline stabilized by riprap, retaining walls or other similar structures on the lot for freshwater wetlands, great ponds, streams and brooks; or
125 linear feet of shoreline stabilized by riprap, seawalls, retaining walls or other similar structures on the lot for coastal wetlands.
These linear limits include any riprap, placed along the shoreline during the activity and any pre-existing riprap, seawalls, retaining walls or other similar structures along the shoreline on the lot.
For freshwater wetlands, great ponds, rivers, streams and brooks, fill may be placed at or below the normal high water line but may not extend into the protected natural resource more than 2 feet horizontally from the change of slope at the toe of the bank. No more than 200 square feet of fill may be placed below the normal high water line from all shoreline stabilization activities on the lot, including fill placed during the activity and any pre-existing fill from shoreline stabilization activities on the lot.
For coastal wetlands, fill may be placed at or below the highest astronomical tide line but may not extend into the protected natural resource more than 3 feet horizontally from the change of slope at the toe of the bank and may not cover any saltmarsh or eelgrass vegetation. No more than 400 square feet of fill may be placed below the highest astronomical tide line from all shoreline stabilization activities on the lot, including fill placed during the activity and any pre-existing fill from shoreline stabilization activities on the lot.
Native vegetation may be planted (live staked) as part of a toe protection activity.
Tree root wads may be driven or anchored into the bank for toe protection provided they do not impede navigation in the waterway.
Stakes used to secure biodegradable stabilization materials must be made of wood
placed during the activity and any pre-existing fill from shoreline stabilization activities on the lot.
Native vegetation may be planted (live staked) as part of a toe protection activity.
Tree root wads may be driven or anchored into the bank for toe protection provided they do not impede navigation in the waterway.
Stakes used to secure biodegradable stabilization materials must be made of wood. Anchors or cables used to secure biodegradable stabilization materials may be made of wood, bright steel, or galvanized steel. Stainless steel may not be used.
Rocks used for riprap may not be obtained from the shoreline or a protected natural resource, unless the rocks are from a previously failed riprap project.
Riprap should be of similar color as the rocks and boulders in nearby areas.
When sediment is excavated to allow for riprap stabilization adjacent to a coastal wetland, the excavated sediment must be evenly distributed across the riprap. This requirement may be waived if the DEP determines that it is not feasible due to site conditions.
NOTE:	Evenly distributing the sediment on the stabilization structure allows the sediment to naturally transfer to the wetland over time, mimicking the natural transfer of sediment from the terrestrial to the marine environment
Riprap Stabilization Standards
NOTE:	On many slopes, slumping is caused by wave action or currents undercutting the bank at the toe of the slope. Slumping can also be caused by groundwater saturation. The cost of shoreline stabilization activities can be reduced by installing toe protection in accordance with subsection C(3) above and leaving the upper portion of the bank natural or revegetating the upper portion of the bank in accordance with subsection C(2) above
ed by wave action or currents undercutting the bank at the toe of the slope. Slumping can also be caused by groundwater saturation. The cost of shoreline stabilization activities can be reduced by installing toe protection in accordance with subsection C(3) above and leaving the upper portion of the bank natural or revegetating the upper portion of the bank in accordance with subsection C(2) above.
The activity may not result in more than:
100 linear feet of shoreline stabilized by riprap, retaining walls or other similar structures on the entire lot for a freshwater wetland, great pond, stream or brook; or
125 linear feet of shoreline stabilized by riprap, seawalls, retaining walls, or other similar structures on the entire lot for a coastal wetland.
These linear limits include any riprap placed along the shoreline during the activity and any pre-existing riprap, seawalls, retaining walls or other similar structures along the shoreline on the lot.
Design of a riprap stabilization project along the shoreline of a stream or brook must be approved by either a Maine Registered Professional Engineer, the United States Natural Resources Conservation Service, or the local Soil and Water Conservation District. Evidence of this approval or plans stamped by a professional engineer must be submitted along with the Notification Form. With prior written agreement, the DEP may waive this standard for minor riprap activities on small streams.
Design of a riprap stabilization project along the shoreline of a coastal wetland must be approved by a design professional such as a Maine Registered Professional Engineer or a contractor or consultant with demonstrated experience designing coastal shoreline stabilization projects. Evidence of the design professional’s approval and credentials must be submitted with the Notification Form
streams.
Design of a riprap stabilization project along the shoreline of a coastal wetland must be approved by a design professional such as a Maine Registered Professional Engineer or a contractor or consultant with demonstrated experience designing coastal shoreline stabilization projects. Evidence of the design professional’s approval and credentials must be submitted with the Notification Form. With prior written agreement, the DEP may waive this standard for riprap stabilization activities in an area that is not mapped by the Federal Emergency Management Agency (FEMA) as a high-velocity flood zone.
Riprap may be utilized only where eroded slopes are steeper than 3 horizontal feet to 1 vertical foot (approximately 33% slope).
The slope of the riprap may not be steeper than 1.5 horizontal feet to 1 vertical foot, nor shallower than 3 horizontal feet to 1 vertical foot. The bank may be regraded to meet this standard. With prior written agreement, the DEP may allow the slope to be as steep as 1 horizontal foot to 1 vertical foot if site-specific circumstances do not allow for a shallower slope.
Riprap installed on the shoreline of a great pond or open water wetland may not extend higher than 2 feet above the normal high water line. Riprap installed on a stream or brook may not extend higher than either the base flood elevation mapped by the Federal Emergency Management Agency (FEMA), or 2 feet above the normal high water line, whichever is higher. Riprap installed on the shoreline of a coastal wetland may not extend higher than one foot above the base flood elevation mapped by FEMA
an 2 feet above the normal high water line. Riprap installed on a stream or brook may not extend higher than either the base flood elevation mapped by the Federal Emergency Management Agency (FEMA), or 2 feet above the normal high water line, whichever is higher. Riprap installed on the shoreline of a coastal wetland may not extend higher than one foot above the base flood elevation mapped by FEMA.
NOTE:	FEMA flood map information may be found at the FEMA website or your municipal office: https://www.fema.gov/flood-maps
Riprap must be tapered downward as it approaches an abutting property line and may not be placed within 5 feet of an abutting property line, unless the applicant owns the abutting property, the abutting property contains riprap (or another structural stabilization measure) up to the property line, or the abutting property owner agrees in writing that the riprap may be extended closer to the property line.
Rocks used for riprap may not be obtained from the shoreline or a protected natural resource, unless the rocks are from a previously failed riprap project.
Riprap should be of similar color as the rocks and boulders in nearby areas.
Riprap must be anchored at the base of the existing bank by placing the bottom row of rock in a trench excavated at least to a depth equal to half the height of the largest rock, or the riprap must be pinned to underlying ledge.
A layer of filter fabric and/or at least 6 inches of well-graded gravel with less than 5 percent fines, or a layer of dormant living brush bundles (a brush mattress), must be placed under the riprap to enhance the stability of the project by preventing the erosion of soil under the riprap.
A vegetative buffer at least 10 feet wide as measured perpendicular to the shoreline and consisting of both native woody and herbaceous vegetation must be established and maintained along the upland edge of the riprap stabilization project. The buffer must include trees if the project is along the shoreline of a river, stream or brook
the project by preventing the erosion of soil under the riprap.
A vegetative buffer at least 10 feet wide as measured perpendicular to the shoreline and consisting of both native woody and herbaceous vegetation must be established and maintained along the upland edge of the riprap stabilization project. The buffer must include trees if the project is along the shoreline of a river, stream or brook. If the buffer is planted over a subsurface wastewater disposal system, the buffer may be comprised entirely of herbaceous vegetation. The width of the buffer may be reduced if the DEP determines that a 10-foot buffer is not feasible due to the proximity of a structure to the upland edge of the eroding shoreline. If a buffer consisting of native woody vegetation or a diverse mix of native woody and herbaceous vegetation at least 5 feet wide already exists along the upland edge of the stabilization project, no additional buffer width is required. However, the buffer must be at least 25 feet wide if the project is conducted for the protection of agricultural land.
Where feasible, native vegetation must be planted within gaps on the riprap stabilization project. Up to 2 inches of soil may be added to support plantings within riprap, in accordance with the standards in subsection C(2)(e) above.
NOTE:	Information on salt-resistant native species of vegetation useful for stabilizing Maine’s coastal bluffs can be found in the Coastal Planting Guide published by the Cumberland County Soil and Water Conservation District and available at: https://www.cumberlandswcd.org/s/171114-Coastal-Planting-Guide-Web-Reduced.pdf
When sediment is excavated to allow for riprap stabilization adjacent to a coastal wetland, the excavated sediment must be evenly distributed across the riprap. This requirement may be waived if the DEP determines that it is not feasible due to site conditions
ounty Soil and Water Conservation District and available at: https://www.cumberlandswcd.org/s/171114-Coastal-Planting-Guide-Web-Reduced.pdf
When sediment is excavated to allow for riprap stabilization adjacent to a coastal wetland, the excavated sediment must be evenly distributed across the riprap. This requirement may be waived if the DEP determines that it is not feasible due to site conditions.
NOTE:	Evenly distributing the sediment on the stabilization structure allows the sediment to naturally transfer to the wetland over time, mimicking the natural transfer of sediment from the terrestrial to the marine environment
D.	Definitions. The following terms, as used in this section, have the following meanings, unless the context indicates otherwise:
Biodegradable stabilization materials. Natural, plant-based biodegradable or compostable fabrics, erosion control blankets, and logs or rolls made from coir, jute, straw, or other similar materials, including materials that contain or use gravel or cobble; discarded holiday trees and native trees, native brush, or native biodegradable materials; tree root wads; and wooden stakes. Metal anchors or cables may be used to secure those materials. Anchors may also include cobbles or small boulders that are not obtained from the shoreline or below the normal high water line or highest astronomical tide line.
Fill. a. (verb) To put into or upon, supply to, or allow to enter a water body or wetland any earth, rock, gravel, sand, silt, clay, peat, or debris; b. (noun) Material, other than structures, placed in or adjacent to a water body or wetland. For the purposes of this section, fill includes biodegradable stabilization materials until such materials have entirely biodegraded.
Hazard tree
tide line.
Fill. a. (verb) To put into or upon, supply to, or allow to enter a water body or wetland any earth, rock, gravel, sand, silt, clay, peat, or debris; b. (noun) Material, other than structures, placed in or adjacent to a water body or wetland. For the purposes of this section, fill includes biodegradable stabilization materials until such materials have entirely biodegraded.
Hazard tree. A tree with a structural defect, combination of defects, or disease resulting in a structural defect that under the normal range of environmental conditions at the site exhibits a high probability of failure and loss of a major structural component of the tree in a manner that will strike a target. A normal range of environmental conditions does not include meteorological anomalies, such as, but not limited to: hurricanes; hurricane-force winds; tornados; microbursts; or significant ice storm events. Hazard trees also include those trees that pose a serious and imminent risk to bank stability. A target is the area where personal injury or property damage could occur if the tree or a portion of the tree fails. Targets include roads, driveways, parking areas, structures, campsites, and any other developed area where people frequently gather and linger.
Mudflat. A low-energy intertidal environment with sediments composed of fine clays, silt, sand and organic matter. Anoxic conditions are usually present below the surface. Mudflats are organically rich regions that support large populations of shellfish, baitworms and small invertebrates, and provide important feeding grounds for migrating and resident shorebirds.
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.” Rounded rocks are not consid

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_305. Check the current official text before relying on it. Not legal advice.