Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE) › Chapter 21 - STATEWIDE STANDARDS FOR TIMBER HARVESTING AND RELATED ACTIVITIES IN SHORELAND AREAS › Section 669-21-10 - LAND MANAGEMENT ROAD CONSTRUCTION AND MAINTENANCE STANDARDS

Current through 2024-29, July 17, 2024
A.
APPLICABILITY
. The
				requirements of Section 10 apply to the construction, maintenance, and use of
				land management roads in shoreland areas. This section does not apply to
				crossings of water bodies conducted in compliance with Section 11 of this
				rule.
B.
ROAD DESIGN,
				CONSTRUCTION, AND MAINTENANCE
. Land management roads, including
				approaches to crossings of stream channels and freshwater wetlands, ditches and
				other related structures, must be designed, constructed, and maintained to
				prevent sediment and concentrated water runoff from directly entering the water
				body. Surface water on or adjacent to crossing approaches must be diverted
				through vegetative filter strips to avoid sedimentation of the watercourse.
				Because roadside ditches may not extend to the resource being crossed, filter
				strips must be established in accordance with the slope table in Section 12 of
				this rule.
C.
SETBACKS
. Land management roads and associated ditches,
				excavation, and fill must be set back at least:
1. 100 feet from the normal high-water line
				of a Great Pond or a river that flows to a Great Pond, rivers draining more
				than 50 square miles in the jurisdiction of the Land Use Planning Commission,
				rivers draining more than 25 square miles in municipalities not subject to the
				jurisdiction of the Land Use Planning Commission, nonforested freshwater
				wetlands 10 acres or larger, any coastal wetland, and any pond or freshwater
				wetland identified by the Department of Inland Fisheries and Wildlife as
				significant wildlife habitat or essential wildlife habitat;
2. 50 feet from the normal high water line of
				streams draining more than 300 acres but less than 50 square miles in the
				jurisdiction of the Land Use Planning Commission and streams below the 300 acre
				drainage but above the 25 square mile drainage point in municipalities not
				subject to the jurisdiction of the Land Use Planning Commission; and,
3. 25 feet from the normal high water line of
				streams draining less than 300 acres and ponds or freshwater wetlands larger
				than 4,300 square feet but less than 10 acres that are not identified by the
				Department of Inland Fisheries and Wildlife as significant wildlife habitat or
				essential wildlife habitat.
4.
Exceptions
a. The minimum 100
				foot setback specified in subsection 1 above may be reduced to no less than 50
				feet, if, prior to construction, the landowner or the landowner's designated
				agent demonstrates to the Bureau's satisfaction that no reasonable alternative
				exists and that appropriate techniques will be used to prevent sedimentation of
				the water body. Such techniques may include, but are not limited to, the
				installation of settling basins, and/or the effective use of additional ditch
				relief culverts and turnouts placed to avoid sedimentation of the water body.
				If, despite such precautions, sedimentation or the disruption of shoreline
				integrity occurs, such conditions must be corrected.
b. The minimum 50 foot setback specified in
				subsection 2 above may be reduced to no less than 25 feet, if, prior to
				construction, the landowner or the landowner's designated agent demonstrates to
				the Bureau's satisfaction that no reasonable alternative exists and that
				appropriate techniques will be used to prevent sedimentation of the water body.
				Such techniques may include, but are not limited to, the installation of
				settling basins, and/or the effective use of additional ditch relief culverts
				and turnouts placed to avoid sedimentation of the water body or the disruption
				of shoreline integrity. If, despite such precautions, sedimentation or the
				disruption of shoreline integrity occurs, such conditions must be
				corrected.
5. On slopes
				of 10 percent or greater, the land management road setback must be increased by
				at least 20 feet, plus an additional 10 feet for each 5 percent increase in
				slope above 10 percent, but in no case may the land management road setback be
				less than that indicated in the slope table presented in Section 12 of this
				rule.
6. New land management roads
				are not permitted within the shoreland area along Significant River Segments as
				identified in 38 M.R.S. §437 (Supp. 2013), nor in Resource Protection
				Districts as identified in municipal shoreland zoning ordinances nor in
				Recreation Protection Subdistricts (P-RR) as identified by the Land Use
				Planning Commission, unless, prior to construction, the landowner or the
				landowner's designated agent makes a clear demonstration to the Bureau's
				satisfaction that no reasonable alternative route exists outside the shoreland
				zone, and that the new road must be set back as far as practicable from the
				normal high water line and screened from the river by existing
				vegetation.