Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 310 - WETLANDS AND WATERBODIES PROTECTION › Section 096-310-6 - Wetland Compensation Standards

Current through 2024-29, July 17, 2024
Where compensation is required, the following standards
				  apply:
NOTE: If the department's requirements for compensation are
				  otherwise met, additional areas of compensation required by U.S. Army Corps of
				  Engineers do not also have to meet the department's requirements for
				  compensation.
A.
Expertise.
The applicant shall demonstrate sufficient scientific
				expertise to carry out the proposed compensation work.
B.
Financial Resources.
The
				applicant shall demonstrate sufficient financial resources to complete the
				proposed compensation work, including subsequent monitoring and corrective
				actions.
C.
Persistence.
For restoration, enhancement and creation projects,
				on the basis of an updated functional assessment, a minimum of 85% of the
				compensation area must successfully replace the altered wetland's functions
				after a period of three years unless otherwise approved by the department. If
				this level is not achieved, or if evidence exists that the compensation site is
				becoming less effective, the department may require additional monitoring and
				corrective action, or additional wetland restoration, enhancement or creation
				in order to achieve the compensation ratio as originally approved.
D.
Monitoring.
The applicant
				shall set forth a plan for interim reporting and remediation measures during
				monitoring of the restored or created wetland over a minimum of five years,
				which shall include contingency plans for replanting, contouring or other
				corrections if the project fails to meet project goals during that
				time.
E.
Maintenance.
A compensation project that will naturally maintain itself without active
				intervention is preferred. However, the permittee may be required to conduct
				activities to assure continuation of the wetland, or the accomplishment of
				compensation goals, after a compensation project has been technically
				completed. Such activities may include, but are not limited to, water level
				manipulations and control of non-native plant species.
F.
Protection
(1) A compensation project involving
				restoration, enhancement or creation must provide for covenant and restriction
				or a conservation easement conveyed to a qualified holder that requires
				maintenance of the area as a coastal wetland, freshwater wetland or great pond
				in perpetuity. The conservation easement must list the department as an
				enforcing agent. Regardless of the size of the compensation area, any future
				alterations in, on or over it must be approved by the department.
(2) A compensation project involving
				preservation must provide for a conservation easement conveyed to a qualified
				holder or covenant and restriction so that the parcel will remain undeveloped
				in perpetuity. The easement must list the department as an enforcing agent.
				Compensation areas may be deeded to local or state conservation groups or
				agencies, but any land management practices must be approved by the
				department.