Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 355 - COASTAL SAND DUNE RULES › Section 096-355-10 - Standard conditions of permits

Current through 2024-29, July 17, 2024
The following standard conditions apply to all permits
				  granted under this chapter, unless otherwise specifically stated in the
				  permit.
A.
Shoreline
				recession
. If the shoreline recedes such that a coastal wetland, as
				defined under  38 M.R.S.A. §480-B(2), extends to any part of the structure,
				including support posts, but excluding seawalls, for a period of six months or
				more, then the approved structure along with appurtenant facilities must be
				removed and the site must be restored to natural conditions within one
				year.
B.
Removing
				debris
. Any debris or other remains from damaged structures on the
				property must be removed from the coastal sand dune system.
C.
Dune restoration
. Within one
				year after completion of construction, the applicant shall restore any areas of
				dune vegetation and topography that are disturbed during construction on the
				lot and that exceed the size of the development area permitted by the
				department in accordance with Sections 5(B), 6(B)(5) and 9(A)(2). Dune
				vegetation includes, but is not limited to American beach grass, rugosa rose,
				bayberry, beach pea, beach heather and pitch pine.
D.
Approval of variations from
				plans
. The granting of this permit is dependent upon and limited to the
				proposals and plans contained in the application and supporting documents
				submitted by the applicant. Any variation from these plans, proposals and
				supported documents is subject to review and approval prior to
				implementation.
E.
Compliance
				with all applicable laws
. The applicant shall secure and comply with all
				applicable federal, state and local licenses, permits, authorizations,
				conditions, agreements, and orders prior to or during construction and
				operation, as appropriate.
Note
: Applicants should obtain and incorporate
				  into their proposed project any standards or limitations contained in local
				  floodplain ordinances.
F.
Compliance with all permit terms and conditions
. The applicant
				shall submit all reports and information requested by the department
				demonstrating that the applicant has complied or will comply with all terms and
				conditions of this permit. All preconstruction terms and conditions must be met
				before construction begins.
G.
Time frame for approvals
. If construction or operation of the
				activity is not begun within four years, this permit shall lapse and the
				applicant must reapply for a new permit. The applicant may not begin
				construction or operation of the activity until a new permit is granted.
				Reapplications for permits must state the reasons why the activity was not
				begun within four years from the granting of the initial permit and the reasons
				why the applicant will be able to begin the activity within four years from the
				granting of a new permit, if so granted. Reapplication for permits may include
				information submitted in the initial application by reference, but must include
				documentation of any changes on the site. If construction is begun within the
				four-year time frame, this approval is valid for seven years. If construction
				is not completed within the seven year time frame, the applicant must reapply
				for, and receive, approval prior to continuing construction.
H.
Permit included in contract
				bids
. A copy of this permit must be included in or attached to all
				contract bid specifications for the approved activity.
I.
Permit shown to contractor
.
				Work done by a contractor pursuant to this permit may not begin before the
				applicant has shown the contractor a copy of this
				permit.