reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-19 - Activities in, on or over significant vernal pool habitat

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section applies to activities in,
				on, or over a significant vernal pool habitat or a potential significant vernal
				pool habitat. Significant vernal pool habitat consists of a vernal pool
				depression and the portion of the critical terrestrial habitat within a 250
				foot radius of the spring or fall high water mark of the depression.
NOTE: The 250 feet of critical terrestrial habitat protected
				  as significant vernal pool habitat is only a portion of the habitat used by
				  adult wood frogs, ambystomatid salamanders, and threatened and endangered
				  species. Tracking studies of adult pool-breeding amphibians have shown that
				  they can travel over a third-mile away from their breeding pool, and that a
				  radius of 750 feet around the pool is optimal for protecting viable amphibian
				  populations. The DEP encourages efforts to protect more habitat adjacent to a
				  vernal pool than this regulation has authority over.
(2) 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.A.
				Sections 481 to
				490, the Stormwater Management Law,
				38 M.R.S.A. Section
				420- D, or the Natural Resources
				Protection Act, 38 M.R.S.A. Section
				480-A to BB.
NOTE: For additional regulatory provisions applicable to
				  significant vernal pools, see 06-096 CMR 335, Significant Wildlife
				  Habitat.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-20 - Activities located in, on or over high or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section applies to activities in
				existing developed areas located in, on, or over high or moderate value inland
				waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging
				areas.
(2) This section applies to
				an expansion of up to 10% of an existing development area within a high or
				moderate value inland waterfowl and wading bird habitat, or a shorebird feeding
				area, if an individual permit is not otherwise required for activity on the
				parcel.
(3) This section applies to
				activities consisting of cutting or removal of vegetation within high or
				moderate value inland waterfowl and wading bird habitat, or shorebird feeding
				or roosting buffer.
(4) This
				section applies to new activities, such as the construction of buildings,
				roads, and driveways, in an upland area on a lot in moderate value inland
				waterfowl and wading bird habitat and that contains no Development area.
NOTE: If exterior lighting is anticipated to extend into the
				  habitat within the 150 foot setback, the Department may request a detailed
				  lighting plan.
(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.A. §§
										481-490, the
Stormwater
				Management Law,
38 M.R.S.A. §
										420- D, or the
Natural
				Resources Protection Act,
38 M.R.S.A. §§
										480- A-480-FF.
(6) This section does not apply to an
				activity that does not conform to the local shoreland zoning ordinance.
NOTE: For additional regulatory provisions applicable to
				  significant wildlife habitats, see
Significant Wildlife
				  Habitat,
06-096 CMR 335 (last amended June 8, 2006).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 310 - WETLANDS AND WATERBODIES PROTECTION › Section 096-310-1 - Preamble

Current through 2024-29, July 17, 2024
The Legislature has found that the State's freshwater
				  wetlands, great ponds, coastal wetlands, rivers, streams, and brooks are
				  resources of state significance, that these resources have great scenic beauty
				  and unique characteristics, unsurpassed recreational, cultural, historical, and
				  environmental value of present and future benefit to the citizens of the State,
				  and that uses are causing the rapid degradation and, in some cases, the
				  destruction of these critical resources, producing significant adverse economic
				  and environmental impacts and threatening the health, safety and general
				  welfare of the citizens of the State. The Legislature has also found that the
				  cumulative effect of frequent minor alterations and occasional major
				  alterations of these resources poses a substantial threat to the environment
				  and economy of the State and its quality of life. The terms "wetland",
				  "wetlands", "waterbody", and "waterbodies" are used interchangeably and
				  collectively in this rule to refer to freshwater wetlands, great ponds, rivers,
				  streams, brooks, coastal wetlands, and the areas adjacent to them.
In recognition of the important roles of wetlands in our
				  natural environment, the Board of Environmental Protection supports the
				  nation-wide goal of no net loss of wetland functions and values. In some cases,
				  however, the level of mitigation necessary to achieve no net loss of wetland
				  functions and values through construction of replacement wetlands will not be
				  practicable, or will have an insignificant effect in protecting the State's
				  wetlands resources. In other cases, the preservation of unprotected wetlands or
				  adjacent uplands may achieve a greater level of protection to the environment
				  than would be achieved by strict application of a no net loss standard through
				  construction of replacement wetlands. Therefore, the Board recognizes that a
				  loss in wetland functions and values may not be avoided in every
				  instance.
The purpose of this rule is to ensure that the standards set
				  forth in Section 480-D of the Natural Resources Protection Act, Section 464,
				  Classification of Maine Waters and Section 465, Standards for Classification of
				  Fresh Surface Waters are met by applicants proposing regulated activities in,
				  on, over or adjacent to a wetland or water body.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 310 - WETLANDS AND WATERBODIES PROTECTION › Section 096-310-2 - Applicability

Current through 2024-29, July 17, 2024
A. This rule applies to the alteration of a
				coastal wetland, great pond, freshwater wetland, river, stream, or brook, as
				defined in
				38 M.R.S.
				Sec.480-B of the Natural Resources Protection
				Act (NRPA), that requires an individual permit or is eligible for Tier 2 or
				Tier 3 review. In addition, Sections
				3 and
				4 apply to the alteration of a
				freshwater wetland eligible for Tier 1 review.
B. For Tier 2 and 3 applications, wetland
				boundaries must be delineated using the methods described in the "Corps of
				Engineers Wetlands Delineation Manual" (1987).
C. This rule does not apply to an activity
				that is exempt from permit requirements under the NRPA, or that qualifies for a
				general permit or permit by rule.
D. This rule does not apply to any
				application accepted as complete by the department prior to the effective date
				of this rule.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 310 - WETLANDS AND WATERBODIES PROTECTION › Section 096-310-3 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in this rule, have the following
				  meanings, unless the context indicates otherwise.
NOTE: The following terms are defined by statute: coastal
				  sand dune systems; coastal wetlands; freshwater wetlands; great ponds; normal
				  high water line; permanent structure; river, stream or brook; and significant
				  wildlife habitat. A copy of these definitions will be included in a packet with
				  this rule for informational purposes.
A.
Adjacent to a Protected Natural
				Resource.
The 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.
B.
Alteration.
Dredging;
				bulldozing; removing or displacing soil, sand, vegetation or other materials;
				draining or dewatering; filling; or any construction, repair or alteration of
				any permanent structure.
On a case-by-case basis and as determined by the department,
				  the term "alteration" may not include:
(1) An activity disturbing very little soil
				such as installing a fence post or planting shrubs by hand;
(2) The addition of a minor feature to an
				existing structure such as a bench or hand rail; and
(3) The construction, repair or alteration of
				a small structure with minimal impact such as a nesting box, pasture fence, or
				staff gauge.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 310 - WETLANDS AND WATERBODIES PROTECTION › Section 096-310-4 - Wetlands of Special Significance

Current through 2024-29, July 17, 2024
All coastal wetlands and great ponds are considered wetlands
				  of special significance. In addition, certain freshwater wetlands are
				  considered wetlands of special significance.
A.
Freshwater Wetlands of Special
				Significance.
A freshwater wetland of special significance has one or
				more of the following characteristics.
(1)
				Critically imperiled or imperiled community. The freshwater wetland contains a
				natural community that is critically imperiled (S1) or imperiled (S2) as
				defined by the Natural Areas Program.
(2) Significant wildlife habitat. The
				freshwater wetland contains significant wildlife habitat as defined by
				38 M.R.S.
				§480-B(10).
(3) Location near coastal wetland. The
				freshwater wetland area is located within 250 feet of a coastal
				wetland.
(4) Location near GPA
				great pond. The freshwater wetland area is located within 250 feet of the
				normal high water line, and within the same watershed, of any lake or pond
				classified as GPA under
				38
				M.R.S. §465-A.
(5) Aquatic vegetation, emergent marsh
				vegetation or open water. The freshwater wetland contains under normal
				circumstances at least 20,000 square feet of aquatic vegetation, emergent marsh
				vegetation or open water.
(6)
				Wetlands subject to flooding. The freshwater wetland area is inundated with
				floodwater during a 100-year flood event based on flood insurance maps produced
				by the Federal Emergency Management Agency or other site-specific
				information.
(7) Peatlands. The
				freshwater wetland is or contains peatland, except that the department may
				determine that a previously mined peatland, or portion thereof, is not a
				wetland of special significance.
(8) River, stream or brook. The freshwater
				wetland area is located within 25 feet of a river, stream or brook.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 310 - WETLANDS AND WATERBODIES PROTECTION › Section 096-310-5 - General Standards

Current through 2024-29, July 17, 2024
The following standards apply to all projects as described in
				  Section
				  2.
A.
Avoidance.
The activity will
				be considered to result in an unreasonable impact if the activity will cause a
				loss in wetland area, functions, or values, and there is a practicable
				alternative to the activity that would be less damaging to the environment. The
				applicant shall provide an analysis of alternatives (see Section
				9(A) ) in order to
				demonstrate that a practicable alternative does not exist.
For an activity proposed in, on or over wetlands of special
				  significance, a practicable alternative less damaging to the environment is
				  considered to exist and the impact is unreasonable, unless the activity is
				  described in paragraph (1), (2) or (3) below. An applicant proposing an
				  activity described in paragraph (1), (2) or (3) below shall provide an analysis
				  of alternatives (see Section
				  9(A) ).
(1) Certain types of projects. The activity
				is necessary for one or more of the purposes specified in subparagraphs (a) -
				(h).
(a) Health and safety;
(b) Crossings by road, rail or utility
				lines;
(c) Water dependent
				uses;
(d) Expansion of a facility
				or construction of a related facility that cannot practicably be located
				elsewhere because of the relation to the existing facility, if the existing
				facility was constructed prior to September 1, 1996;
(e) Mineral excavation and appurtenant
				facilities;
(f) Walkways;
(g) Restoration or enhancement of
				the functions and values of the wetlands of special significance; or
(h) Shoreline stabilization.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 310 - WETLANDS AND WATERBODIES PROTECTION › Section 096-310-7 - Mitigation Banking

Current through 2024-29, July 17, 2024
A.
Purpose.
A public or private entity may apply to the department to
				undertake wetland compensation projects for the purposes of off-setting one or
				more alteration projects proposed at that time or in the future. The ratios set
				forth in Section
				5(C)(5) above will be
				used as guidance to determine the amount of credit required for any proposed
				alteration.
B.
Location.
Compensation work must take place in the same watershed,
				biophysical region or in the project vicinity of the future alteration work, if
				feasible. Otherwise, the work must occur as close to the wetland alteration
				site or sites as feasible.
C.
Effectively Functioning.
A project to be used for compensation
				credit must be functioning as proposed in the mitigation banking application,
				as demonstrated by an updated functional assessment, in order to qualify as an
				offset to a proposed activity.
D.
Limitation.
No person may use mitigation banking to compensate for
				more than 25 acres of wetland alteration in any one year period.
E.
Expertise.
The applicant is
				required to show a combination of expertise, experience and resources
				sufficient to undertake and maintain land placed in mitigation
				banking.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 310 - WETLANDS AND WATERBODIES PROTECTION › Section 096-310-8 - Terms and Conditions

Current through 2024-29, July 17, 2024
The department may, as a term or condition of approval,
				  establish any reasonable requirement to ensure that the proposed development
				  will meet the standards of Title
				  38 M.R.S.
				  Sec.480-D, such as:
A. Design changes to help insure the success
				of the project;
B. Buffer
				requirements;
C. Project
				supervisory requirements;
D.
				Monitoring requirements;
E.
				Mid-course correction or maintenance capability;
F. Bonding or other assurances of continued
				financial resources to complete compensation requirements; and
G. Timing requirements for all or portions of
				a project.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 310 - WETLANDS AND WATERBODIES PROTECTION › Section 096-310-9 - Application Requirements

Current through 2024-29, July 17, 2024
In addition to broader information required for a Natural
				  Resources Protection Act permit and Water Quality Certification, an application
				  for a wetland alteration activity must contain the following information,
				  unless the department determines that more or less information is needed to
				  evaluate a specific project, based on the nature of the alteration
				  proposed.
A.
Alternatives
				Analysis.
A report that analyzes whether a less environmentally damaging
				practicable alternative to the proposed alteration, which meets the project
				purpose, exists. Determining whether a practicable alternative exists includes:
(1) Utilizing, managing or expanding one or
				more other sites that would avoid the wetland impact;
(2) Reducing the size, scope, configuration
				or density of the project as proposed, thereby avoiding or reducing the wetland
				impact;
(3) Developing alternative
				project designs, such as cluster development, that avoid or lessen the wetland
				impact; and
(4) Demonstrating the
				need, whether public or private, for the proposed alteration.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 310 - WETLANDS AND WATERBODIES PROTECTION › Section 096-310-10 - Severability

Current through 2024-29, July 17, 2024
Should any provision of these rules be held invalid or
				  ineffective by a court of law, the decision shall not invalidate any other
				  provision of these rules.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 315 - ASSESSING AND MITIGATING IMPACTS TO EXISTING SCENIC AND AESTHETIC USES › Section 096-315-1 - Introduction

Current through 2024-29, July 17, 2024
In the Natural Resources Protection Act (NRPA),
				   38 M.R.S.A.
				  §§480-A through Z, the Legislature
				  has found and declared that Maine's rivers and streams, great ponds, fragile
				  mountain areas, freshwater wetlands, significant wildlife habitat, coastal
				  wetlands, and sand dune systems are resources of state significance. Section
				  480-A states that these resources have great scenic beauty and unique
				  characteristics, unsurpassed recreational, cultural, historical, and
				  environmental value of present and future benefit to the citizens of the State
				  and that uses are causing the rapid degradation and, in some cases, the
				  destruction of these critical resources. The Legislature's recognition of the
				  scenic beauty of these protected natural resources through statute
				  distinguishes the visual quality of those resources and its value to the
				  general population.
Applicants for permits under the NRPA are required to
				  demonstrate that a proposed activity meets the standards of the NRPA that have
				  been established by the Legislature. Standard 1 in Section 480-D of the NRPA
				  requires an applicant to demonstrate that a proposed activity will not
				  unreasonably interfere with existing scenic and aesthetic
				  uses.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 315 - ASSESSING AND MITIGATING IMPACTS TO EXISTING SCENIC AND AESTHETIC USES › Section 096-315-2 - Purpose

Current through 2024-29, July 17, 2024
This rule specifies State regulatory concerns, defines visual
				  impacts, establishes a procedure for evaluating visual impacts generated from
				  proposed activities, establishes when a visual assessment may be necessary,
				  explains the components of a visual assessment when required, and describes
				  avoidance, mitigation, and offset measures that may eliminate or reduce
				  unreasonable adverse impacts to existing scenic and aesthetic uses.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 315 - ASSESSING AND MITIGATING IMPACTS TO EXISTING SCENIC AND AESTHETIC USES › Section 096-315-3 - Applicability

Current through 2024-29, July 17, 2024
This rule applies to the alteration of a coastal wetland,
				  great pond, freshwater wetland, fragile mountain area, river, stream, or brook,
				  as defined in 38 M.S.R.A. § 480-B of the Natural Resources Protection Act
				  (NRPA), that requires an individual permit or is eligible for Tier 3 review.
				  This rule does not apply to an activity that is exempt from permit requirements
				  under the NRPA or that qualifies for a Tier 1 or Tier 2 permit. This rule does
				  not apply to a Permit by Rule unless the Department exercises its discretionary
				  authority to require an individual permit as described in Chapter 305, Section
				  1(D). In the review
				  of an application for a permit, the Department must evaluate the potential for
				  unreasonable adverse visual impacts resulting from a proposed activity located
				  in, on, over, or adjacent to a protected natural resource.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 315 - ASSESSING AND MITIGATING IMPACTS TO EXISTING SCENIC AND AESTHETIC USES › Section 096-315-4 - Scope of Review

Current through 2024-29, July 17, 2024
The potential impacts of a proposed activity will be
				  determined by the Department considering the presence of a scenic resource
				  listed in Section
				  10, the significance of the scenic
				  resource, the existing character of the surrounding area, the expectations of
				  the typical viewer, the extent and intransience of the activity, the project
				  purpose, and the context of the proposed activity. Unreasonable adverse visual
				  impacts are those that are expected to unreasonably interfere with the general
				  public's visual enjoyment and appreciation of a scenic resource, or those that
				  otherwise unreasonably impair the character or quality of such a place.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 315 - ASSESSING AND MITIGATING IMPACTS TO EXISTING SCENIC AND AESTHETIC USES › Section 096-315-5 - Definitions

Current through 2024-29, July 17, 2024
As used in these rules, the following terms have the
				  following meanings. Other terms used in these rules have the meanings set forth
				  at 38 M.S.R.A. § 480-X and Chapter 310, the Wetlands and Waterbodies
				  Protection Rules.
A.
Adverse
				visual impact.
The negative effect of a regulated activity on the visual
				quality of a landscape.
B.
Composition.
The arrangement of the component parts of a landscape.
				Component parts are objects or activities usually described in terms of color,
				texture, line, form, dominance, and scale.
C.
Contrast.
Comparing the
				component parts of a landscapein terms of form, line, color, texture,
				dominance, or scale.
D.
Existing uses.
The current appearance and use of the landscape,
				considering previous human alterations.
E.
Landscape.
An area
				characterized by its geology, landform, biota, and human influences throughout
				that area.
F.
Mitigation.
Any action taken or not taken to avoid, minimize, rectify,
				reduce, or eliminate actual or potential adverse environmental impact,
				including adverse visual impact.
G.
Practicable.
Available and feasible considering cost, existing
				technology and logistics based on the overall purpose of the
				activity.
H.
Scenic
				Resource.
Public natural resources or public lands visited by the
				general public , in part for the use, observation, enjoyment, and appreciation
				of natural or cultural visual qualities.. The attributes, characteristics, and
				features of the landscape of a scenic resource provide varying responses from,
				and varying degrees of benefits to, humans.
I.
Viewshed.
The geographic area
				as viewed from a scenic resource, which includes the proposed activity. The
				viewshed may include the total visible activity area from a single observer
				position or the total visible activity area from multiple observers'
				positions.
J.
Visual
				Quality.
The essential attributes of the landscape that when viewed
				elicit overall benefits to individuals and, therefore, to society in general.
				The quality of the resource and the significance of the resource are usually,
				but not always, correlated.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 315 - ASSESSING AND MITIGATING IMPACTS TO EXISTING SCENIC AND AESTHETIC USES › Section 096-315-6 - Application submissions

Current through 2024-29, July 17, 2024
An applicant is required to demonstrate that the proposed
				  activity will not unreasonably interfere with existing scenic and aesthetic
				  uses of a scenic resource listed in Section
				  10. Basic evidence must be provided
				  to ensure that visual concerns have been fully addressed in each application.
				  The applicant must describe the location of the activity and provide an
				  inventory of scenic resources within the viewshed of the proposed activity by
				  completing the MDEP Visual Evaluation Field Survey Checklist (doc. #DEPLW0540)
				  provided in the application. The applicant must describe the activity relative
				  to its location and scale within the viewshed of any scenic resource, including
				  a description of the existing visual quality and landscape characteristics. The
				  applicant may request a pre-application meeting during which the Department can
				  provide guidance for determining the location of the activity relative to
				  scenic resources in the vicinity of the applicant's parcel.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 315 - ASSESSING AND MITIGATING IMPACTS TO EXISTING SCENIC AND AESTHETIC USES › Section 096-315-7 - Visual impact assessments

Current through 2024-29, July 17, 2024
The Department may require a visual impact assessment if a
				  proposed activity appears to be located within the viewshed of, and has the
				  potential to have an unreasonable adverse impact on, a scenic resource listed
				  in Section
				  10. An applicant's visual impact
				  assessment should visualize the proposed activity and evaluate potential
				  adverse impacts of that activity on existing scenic and aesthetic uses of a
				  protected natural resource within the viewshed of a scenic resource, and to
				  determine effective mitigation strategies, if appropriate. If required, a
				  visual impact assessment must be prepared by a design professional trained in
				  visual assessment procedures, or as otherwise directed by the
				  Department.
In all visual impact assessments, scenic resources within the
				  viewshed of the proposed activity must be identified and the existing
				  surrounding landscape must be described. The assessment must be completed
				  following standard professional practices to illustrate the proposed change to
				  the visual environment and the effectiveness of any proposed mitigation
				  measures. The radius of the impact area to be analyzed must be based on the
				  relative size and scope of the proposed activity given the specific location.
				  Areas of the scenic resource from which the activity will be visible, including
				  representative and worst-case viewpoints, must be identified. Line-of-sight
				  profiles constitute the simplest acceptable method of illustrating the
				  potential visual impact of the proposed activity from viewpoints within the
				  context of its viewshed. A line-of-sight profile represents the path, real or
				  imagined, that the eye follows from a specific point to another point when
				  viewing the landscape. See Appendix A for guidance on line-of-sight profiles.
				  For activities with more sensitive conditions, photosimulations and
				  computer-generated graphics may be required.
A visual impact assessment must also include narratives to
				  describe the significance of any potential impacts, the level of use and viewer
				  expectations, measures taken to avoid and minimize visual impacts, and steps
				  that have been incorporated into the activity design that may mitigate any
				  potential adverse visual impacts to scenic resources.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 315 - ASSESSING AND MITIGATING IMPACTS TO EXISTING SCENIC AND AESTHETIC USES › Section 096-315-8 - Mitigation

Current through 2024-29, July 17, 2024
In the case where the Department determines that the proposed
				  activity will have an adverse visual impact on a scenic resource, applicants
				  may be required to employ appropriate measures to mitigate the adverse impacts
				  to the extent practicable. Mitigation should reduce or eliminate the visibility
				  of the proposed activity or alter the effect of the activity on the scenic or
				  aesthetic use in some way. The Department will determine when mitigation should
				  be proposed and whether the applicant's mitigation strategies are reasonable.
				  The Department may require mitigation by requesting that the applicant submit a
				  design that includes the required mitigation or by imposing permit conditions
				  consistent with specified mitigation requirements.
In its determination whether adverse impacts to existing
				  scenic and aesthetic uses are unreasonable, the Department will consider
				  whether the applicant's activity design is visually compatible with its
				  surroundings, incorporating environmentally sensitive design principles and
				  components according to the strategies described below.
A.
Planning and siting.
Properly
				siting an activity may be the most effective way to mitigate potential visual
				impacts. Applicants are encouraged, and may be required, to site a proposed
				activity in a location that limits its adverse visual impacts within the
				viewshed of a scenic resource.
B.
Design.
When circumstances do not allow siting to avoid visual
				impacts on a scenic resource, elements of particular concern should be designed
				in such a way that reduces or eliminates visual impacts to the area in which an
				activity is located, as viewed from a scenic resource. Applicants should
				consider a variety of design methods to mitigate potential impacts, including
				screening, buffers, earthen berms, camouflage, low profile, downsizing,
				non-standard materials, lighting, and other alternate technologies.
C.
Offsets.
Correction of an
				existing visual problem identified within the viewshed of the same scenic
				resource as the proposed activity may qualify as an offset for visual impacts
				when an improvement may be realized. Offsets may be used in sensitive locations
				where significant impacts from the proposal are unavoidable or other forms of
				mitigation might not be practicable. An example of an offset might be the
				removal of an existing abandoned structure that is in disrepair to offset
				impacts from a proposal within visual proximity of the same scenic resource.
				Offsets can also include visual improvements to the affected landscape, such as
				tree plantings or development of scenic overlooks.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 315 - ASSESSING AND MITIGATING IMPACTS TO EXISTING SCENIC AND AESTHETIC USES › Section 096-315-9 - Determination

Current through 2024-29, July 17, 2024
It is the responsibility of the applicant to demonstrate that
				  the proposed design does not unreasonably interfere with existing scenic and
				  aesthetic uses, and thereby diminish the public enjoyment and appreciation of
				  the qualities of a scenic resource, and that any potential impacts have been
				  minimized.
The Department's determination of impact is based on the
				  following visual elements of the landscape:
A.
Landscape compatibility
,
				which is a function of the sub-elements of color, form, line, and texture.
				Compatibility is determined by whether the proposed activity differs
				significantly from its existing surroundings and the context from which they
				are viewed such that it becomes an unreasonable adverse impact on the visual
				quality of a protected natural resource as viewed from a scenic
				resource;
B.
Scale
				contrast
, which is determined by the size and scope of the proposed
				activity given its specific location within the viewshed of a scenic resource;
				and
C.
Spatial
				dominance
, which is the degree to which an activity dominates the whole
				landscape composition or dominates landform, water, or sky backdrop as viewed
				from a scenic resource.
In making a determination within the context of this rule,
				  the Department considers the type, area, and intransience of an activity
				  related to a scenic resource that will be affected by the activity, the
				  significance of the scenic resource, and the degree to which the use or viewer
				  expectations of a scenic resource will be altered, including alteration beyond
				  the physical boundaries of the activity. In addition to the scenic resource,
				  the Department also considers the functions and values of the protected natural
				  resource, any proposed mitigation, practicable alternatives to the proposed
				  activity that will have less visual impact, and cumulative effects of frequent
				  minor alterations on the scenic resource. An application may be denied if the
				  activity will have an unreasonable impact on the visual quality of a protected
				  natural resources as viewed from a scenic resource even if the activity has no
				  practicable alternative and the applicant has minimized the proposed alteration
				  and its impacts as much as possible through mitigation. An "unreasonable
				  impact" means that the standards of the Natural Resources Protection Act, 38
				  M.R.S.A. §480-D, will not be met.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 315 - ASSESSING AND MITIGATING IMPACTS TO EXISTING SCENIC AND AESTHETIC USES › Section 096-315-10 - Scenic resources

Current through 2024-29, July 17, 2024
The following public natural resources and public lands are
				  usually visited by the general public, in part with the purpose of enjoying
				  their visual quality. Under this rule, the Department considers a scenic
				  resource as the typical point from which an activity in, on, over, or adjacent
				  to a protected natural resource is viewed. This list of scenic resources
				  includes, but is not limited to, locations of national, State, or local scenic
				  significance. A scenic resource visited by large numbers who come from across
				  the country or state is generally considered to have national or statewide
				  significance. A scenic resource visited primarily by people of local origin is
				  generally of local significance. Unvisited places either have no designated
				  significance or are "no trespass" places. Sources for information regarding
				  specific scenic resources are found as part of the MDEP Visual Evaluation Field
				  Survey Checklist (doc. #DEPLW0540) provided in the application.
A. National Natural Landmarks and other
				outstanding natural and cultural features (e.g., Orono Bog, Meddybemps
				Heath);
B. State or National
				Wildlife Refuges, Sanctuaries, or Preserves and State Game Refuges (e.g.,
				Rachael Carson Salt Pond Preserve in Bristol, Petit Manan National Wildlife
				Refuge, the Wells National Estuarine Research Reserve);
C. A State or federally designated trail
				(e.g., the Appalachian Trail, East Coast Greenway);
D. A property on or eligible for inclusion in
				the National Register of Historic Places pursuant to the National Historic
				Preservation Act of 1966, as amended (e.g., the Rockland Breakwater Light, Fort
				Knox);
E. National or State Parks
				(e.g., Acadia National Park, Sebago Lakes State Park);
F. Public natural resources or public lands
				visited by the general public, in part for the use, observation, enjoyment and
				appreciation of natural or cultural visual qualities.(e.g., great ponds, the
				Atlantic Ocean).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 315 - ASSESSING AND MITIGATING IMPACTS TO EXISTING SCENIC AND AESTHETIC USES › Appendix 096-315-A - GUIDANCE FOR THE PREPARATION OF LINE-OF SIGHT-PROFILES

Current through 2024-29, July 17, 2024
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				  here to view Image
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				  here to view Image
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				  here to view Image
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 321 - SHORELAND ZONING ORDINANCE FOR MUNICIPALITY OF FREEDOM › Appendix 096-321-A - APPENDIX A TO BOARD ORDER #BEP-B-94

Current through 2024-29, July 17, 2024
AMITY
(1267)
LIMINGTON
(1299)
ATHENS
(1245)
LOVELL
(1276)
AURORA
(1288)
LUDLOW
(1277)
BANCROFT
(1268)
MECHANIC FALLS
(1300)
BOWDOINHAM
(1246)
MEDFORD
(1279)
BOWERBANK
(1289)
MERRILL
(1281)
BRADFORD
(1247)
MILO
(1301)
BRIDGTON
(1290)
MOOSE RIVER
(1257)
BROWNVILLE
(1291)
NEWCASTLE
(1302)
CARTHAGE
(1292)
NORTH HAVEN
(1304)
CENTERVILLE
(1235)
ORIENT
(1282)
CHARLOTTE
(1249)
PARIS
(1260)
CHESTER
(1250)
PARSONSFIELD
(1306)
COLUMBIA
(1251)
PASSADUMKEAG
(1264)
COOPER
(1270)
PENOBSCOT
(1307)
CORINTH
(1271)
PLYMOUTH
(1308)
CRYSTAL
(1320)
ROCKLAND
(1325)
DURHAM
(1321)
SEDGWICK
(1241)
EDINBURG
(1253)
SHIRLEY
(1309)
ETNA
(1322)
SPRINGFIELD
(1261)
EXETER
(1293)
STACYVILLE
(1283)
FARMINGDALE
(1294)
STEUBEN
(1262)
FRANKFORT
(1295)
STOCKTON SPRINGS
(1310)
FREEDOM
(321.1)
STONINGTON
(1311)
GREENE
(1237)
STOW
(1326)
GUILFORD
(1296)
TALMADGE
(1263)
HANOVER
(1254)
TROY
(1243)
HARRINGTON
(1327)
VANCEBORO
(1285)
HERSEY
(1272)
WADE
(1286)
HIRAM
(1273)
WAITE
(1265)
ISLE AU HAUT
(1323)
WALDO
(1312)
KNOX
(1255)
WHITEFIELD
(1244)
LAGRANGE
(1275)
WOODVILLE
(1266)
LIMERICK
(1256)
TOTAL:67
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 335 - SIGNIFICANT WILDLIFE HABITAT › Section 096-335-1 - Applicability

Current through 2024-29, July 17, 2024
This chapter applies to an activity that takes place in, on,
				  or over a significant wildlife habitat, or adjacent to a significant wildlife
				  habitat contained within a freshwater wetland
,
and
				  requires approval from the department pursuant to the Natural Resources
				  Protection Act (NRPA),
				   38 M.R.S.A.
				  §§480-A to
				  480-F
				  F. This chapter applies to an application for an individual permit under the
				  NRPA and describes basic standards for an activity affecting a significant
				  wildlife habitat.
NOTE: If a significant wildlife habitat contains a coastal
				  wetland, great pond, river, stream, or brook, or freshwater wetland, the
				  applicant is also required to comply with Wetlands and Waterbodies Protection
				  Rules, 06-096 CMR 310.
See Permit by Rule, 06-096 CMR 305, concerning activities
				  that may be eligible for permit by rule.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 335 - SIGNIFICANT WILDLIFE HABITAT › Section 096-335-2 - Definitions

Current through 2024-29, July 17, 2024
As used in this chapter, unless the context otherwise
				  indicates, the following terms have the following meanings.
The terms "freshwater wetland" and "significant wildlife
				  habitat" have the same meaning as in the NRPA in
				   38 M.R.S.A.
				  §480-B.
A.
Activity
. Dredging,
				bulldozing, removing or displacing soil, sand, vegetation or other materials,
				draining or otherwise dewatering, filling or any construction, repair or
				alteration of any permanent structure in, on, or over a significant wildlife
				habitat, or adjacent to a significant wildlife habitat contained within a
				freshwater wetland, as applicable under the NRPA.
On a case-by-case basis as determined by the department, the
				  term "activity" may not include:
(1)
				The disturbance of very little soil through an activity such as installing a
				fence post or planting shrubs by hand;
(2) The addition of a minor feature, such as
				a bench or hand rail, to a structure; or
(3) The construction, repair or alteration of
				a small structure with minimal impact such as a nesting box, pasture fence, or
				staff gauge.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 335 - SIGNIFICANT WILDLIFE HABITAT › Section 096-335-4 - Pre-application and pre-submission meetings

Current through 2024-29, July 17, 2024
A.
Purpose.
The pre-application meeting between the applicant and the
				department is an opportunity for the applicant to determine the statutory and
				regulatory requirements that apply to a specific activity. The purpose of this
				meeting is to identify issues, processing times, fees and the types of
				information and documentation necessary for the department to properly assess
				the activity. The pre-submission meeting is an opportunity to review the
				assembled application to ensure that the necessary types of information have
				been included prior to filing the application.
NOTE: Activities requiring an NRPA permit are described at 38
				  M.R.S.A. §480-C. Exemptions are described at 38 M.R.S.A. §480-Q.
B.
Submissions and
				scheduling
. The following information and items must be submitted prior
				to scheduling a pre-application meeting with the department.
(1) Sketch plan. A sketch plan of the site
				showing the proposed activity, adjacent structures and features, property
				lines, and the significant wildlife habitat, with all distances and dimensions
				approximately to scale.
(2)
				Location map. A map showing the location of the proposed project site in
				relation to major roads and landmarks.
(3) Description of activity. A brief
				description of the activity including its dimensions.
(4) Description of significant wildlife
				habitat. A description of the significant wildlife habitat to be altered.
(5) Description of probable
				impacts. A description of probable impacts of the activity on the subject
				wildlife, significant wildlife habitat, and any other protected natural
				resources.
(6) Photographs.
				Photographs of the project area showing its characteristics.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 335 - SIGNIFICANT WILDLIFE HABITAT › Section 096-335-5 - Submission requirements

Current through 2024-29, July 17, 2024
The applicant shall submit evidence that affirmatively
				  demonstrates that the activity will meet the standards of the NRPA and this
				  chapter including, but not limited to, the information listed below. Because of
				  the site-specific nature of activities and potential impacts to significant
				  wildlife habitat, the department may, on a case-by-case basis, require more or
				  less information than specified in this section in order to determine whether
				  the standards will be met. Failure to provide any requested information
				  necessary for the processing of the application may result in the application
				  not being accepted as complete for processing or denial of the application.
A.
Description of avoidance
				measures
. A narrative describing whether a practicable alternative to
				the alteration exists that would be less damaging to the environment and what
				alternatives were considered during project design. The narrative must address
				why the activity cannot avoid or lessen impacts to the significant wildlife
				habitat by utilizing, managing or expanding one or more other sites; reducing
				the size, scope, configuration or density of the proposed activity; developing
				alternative project designs; or by some other means.
B.
Site description and impacts.
A narrative addressing the following.
(1)
				Description of activity. A narrative including the following:
(a) The dimensions of the activity, the
				activity site, and the area of the significant wildlife habitat to be altered;
(b) The impacts of the activity on
				subject wildlife and protected natural resources; and
(c) The nature and timing of procedures
				intended to reduce the impacts of the activity on subject wildlife and
				protected natural resources.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 335 - SIGNIFICANT WILDLIFE HABITAT › Section 096-335-6 - Terms and conditions

Current through 2024-29, July 17, 2024
The department may, as a term or condition of approval,
				  establish any reasonable requirement to ensure that the proposed activity will
				  meet the standards of Title
				   38 M.R.S.A.
				  §480-D and comply with this chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 335 - SIGNIFICANT WILDLIFE HABITAT › Section 096-335-7 - Severability

Current through 2024-29, July 17, 2024
Should any provision of these rules be declared invalid or
				  ineffective by court decision, the decision shall not invalidate any other
				  provision of these rules.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 335 - SIGNIFICANT WILDLIFE HABITAT › Section 096-335-8 - Seabird nesting island

Current through 2024-29, July 17, 2024
Seabird nesting islands are significant wildlife habitats. An
				  activity impacting a seabird nesting island must meet the standards of this
				  chapter.
Seabirds live over the open ocean, returning to land only
				  once a year to nest, and their survival depends on undisturbed nesting habitat.
				  Small, unforested, rocky islands such as those off the coast of Maine provide a
				  setting free of mammalian predators such as foxes, coyotes, and raccoons.
				  Flying distance from the mainland discourages avian predators such as great
				  horned owls. Many seabird species nearly eradicated in Maine by the end of the
				  19th century have recovered dramatically, thanks to the passage of state and
				  federal conservation laws and the restoration efforts of dedicated scientists.
				  In 1998, 234 seabird nesting Islands in Maine were afforded protection as
				  Significant Wildlife Habitat under the Natural Resource Protection Act.
A.
Definitions
. As used in this
				chapter, unless the context otherwise indicates, the following terms have the
				following meanings.
(1) Seabird. Colonial
				nesting waterbirds including Leach's Storm-petrel, Great Cormorant,
				Double-crested Cormorant, Laughing Gull, Herring Gull, Great Black-backed Gull,
				Common Tern, Arctic Tern, Roseate Tern, Razorbill, Black Guillemot, Atlantic
				Puffin, and Common Eider.
(2)
				Seabird nesting island. (a) An island, ledge, or portion thereof in tidal
				waters that has documentation of 25 or more: nests or seabirds, adult seabirds
				displaced from nests, or in combination (single species or aggregate of
				different species) in any nesting season during, or since, 1976; provided that
				the island, ledge, or portion thereof continues to have suitable nesting
				habitat. (b) An island, ledge, or portion thereof in tidal waters that has
				documentation of one or more nests of a seabird that is a Maine endangered or
				threatened species in any year during, or since, 1976 provided that the island,
				ledge, or portion thereof, continues to have suitable nesting habitat.