Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 501 - STORMWATER MANAGEMENT COMPENSATION FEES AND MITIGATION CREDIT › Appendix 096-501-A - Suggested templates for deed restrictions and conservation easements for use under the Stormwater Management Law

Current through 2024-29, July 17, 2024
1. Forested buffer, limited disturbance
DECLARATION OF RESTRICTIONS (Forested Buffer, Limited
				  Disturbance)
THIS DECLARATION OF RESTRICTIONS is made this
				  _______________day of ___________, 20___, by _________________________ ,
				  ________________________________________________,
(name) (street address)
____________________, ________________County, Maine,
				  ________, (herein referred to as the
(city or town) (county) (zip code)
"Declarant", pursuant to a permit received from the Maine
				  Department of Environmental Protection under the
Stormwater Management
				  Law
, to preserve a buffer area on a parcel of land near
				  __________________________,____________________________________________________
				  .
(road name) (known feature and/or town)
WHEREAS, the Declarant holds title to certain real property
				  situated in ___________________, Maine
(town)
described in a deed from__________________________ to
				  ____________________________dated
(name) (name of Declarant)
_______________, 20____, and recorded in Book ____ Page ____
				  at the _______________County Registry of Deeds, herein referred to as the
				  "property"; and
WHEREAS, Declarant desires to place certain restrictions,
				  under the terms and conditions herein, over a portion of said real property
				  (hereinafter referred to as the "Restricted Buffer") described as follows:
				  (Note: Insert description of restricted buffer area location here)
WHEREAS, pursuant to the
Stormwater Management
				  Law
,
				  38 M.R.S.
				  Section420-D and Chapter 501 of rules
				  promulgated by the Maine Department of Environmental Protection, Declarant has
				  agreed to impose certain restrictions on the Restricted Buffer Area as more
				  particularly set forth herein and has agreed that these restrictions may be
				  enforced by the Maine Department of Environmental Protection or any successor
				  (hereinafter the "MDEP"),
NOW, THEREFORE, the Declarant hereby declares that the
				  Restricted Buffer Area is and shall forever be held, transferred, sold,
				  conveyed, occupied and maintained subject to the conditions and restrictions
				  set forth herein. The Restrictions shall run with the Restricted Buffer Area
				  and shall be binding on all parties having any right, title or interest in and
				  to the Restricted Buffer Area, or any portion thereof, and their heirs,
				  personal representatives, successors, and assigns. Any present or future owner
				  or occupant of the Restricted Buffer Area or any portion thereof, by the
				  acceptance of a deed of conveyance of all or part of the Covenant Area or an
				  instrument conveying any interest therein, whether or not the deed or
				  instrument shall so express, shall be deemed to have accepted the Restricted
				  Buffer Area subject to the Restrictions and shall agree to be bound by, to
				  comply with and to be subject to each and every one of the Restrictions
				  hereinafter set forth.
1.
Restrictions on Restricted Buffer Area
.
				  Unless the owner of the Restricted Buffer Area, or any successors or assigns,
				  obtains the prior written approval of the MDEP, the Restricted Buffer Area must
				  remain undeveloped in perpetuity. To maintain the ability of the Restricted
				  Buffer Area to filter and absorb stormwater, and to maintain compliance with
				  the
Stormwater Management Law
and the permit issued thereunder
				  to the Declarant, the use of the Restricted Buffer Area is hereinafter limited
				  as follows.
a. No soil, loam, peat, sand, gravel, concrete, rock or other
				  mineral substance, refuse, trash, vehicle bodies or parts, rubbish, debris,
				  junk waste, pollutants or other fill material may be placed, stored or dumped
				  on the Restricted Buffer Area, nor may the topography of the area be altered or
				  manipulated in any way;
b. Any removal of trees or other vegetation within the
				  Restricted Buffer Area must be limited to the following:
(i) No purposefully cleared openings may be created and an
				  evenly distributed stand of trees and other vegetation must be maintained. An
				  "evenly distributed stand of trees " is defined as maintaining a minimum rating
				  score of 24 points in any 25 foot by 50 foot rectangle1,250 square feet) area,
				  as determined by the rating scheme in Table 3:
Table 3
Point System for Determining an Evenly
Distributed Stand of Trees
Diameter of tree at 4½
							 feet
above ground level
Points
2 - 4 inches
1
4 - 8 inches
2
8 - 12 inches
4
>12 inches
8
Where existing trees and other vegetation result in a rating
				  score less than 24 points, no trees may be cut or sprayed with biocides except
				  for the normal maintenance of dead, windblown or damaged trees and for pruning
				  of tree branches below a height of 12 feet provided two thirds of the tree's
				  canopy is maintained;
(ii) No undergrowth, ground cover vegetation, leaf litter,
				  organic duff layer or mineral soil may be disturbed except that one winding
				  path, that is no wider than six feet and that does not provide a downhill
				  channel for runoff, is allowed through the area;
c. No building or other temporary or permanent structure may
				  be constructed, placed or permitted to remain on the Restricted Buffer Area,
				  except for a sign, utility pole or fence;
d. No trucks, cars, dirt bikes, ATVs, bulldozers, backhoes,
				  or other motorized vehicles or mechanical equipment may be permitted on the
				  Restricted Buffer Area;
e. Any level lip spreader directing flow to the Restricted
				  Buffer Area must be regularly inspected and adequately maintained to preserve
				  the function of the level spreader.
Any activity on or use of the Restricted Buffer Area
				  inconsistent with the purpose of these Restrictions is prohibited. Any future
				  alterations or changes in use of the Restricted Buffer Area must receive prior
				  approval in writing from the MDEP. The MDEP may approve such alterations and
				  changes in use if such alterations and uses do not impede the stormwater
				  control and treatment capability of the Restricted Buffer Area or if adequate
				  and appropriate alternative means of stormwater control and treatment are
				  provided.
2.
Enforcement
. The MDEP may enforce any of the
				  Restrictions set forth in Section
				  1 above.
3.
Binding Effect
. The restrictions set forth
				  herein shall be binding on any present or future owner of the Restricted Buffer
				  Area. If the Restricted Buffer Area is at any time owned by more than one
				  owner, each owner shall be bound by the foregoing restrictions to the extent
				  that any of the Restricted Buffer Area is included within such owner's
				  property.
4.
Amendment.
Any provision contained in this
				  Declaration may be amended or revoked only by the recording of a written
				  instrument or instruments specifying the amendment or the revocation signed by
				  the owner or owners of the Restricted Buffer Area and by the MDEP.
5.
Effective Provisions of Declaration
. Each
				  provision of this Declaration, and any agreement, promise, covenant and
				  undertaking to comply with each provision of this Declaration, shall be deemed
				  a land use restriction running with the land as a burden and upon the title to
				  the Restricted Buffer Area.
6.
Severability
. Invalidity or unenforceability
				  of any provision of this Declaration in whole or in part shall not affect the
				  validity or enforceability of any other provision or any valid and enforceable
				  part of a provision of this Declaration.
7.
Governing Law
. This Declaration shall be
				  governed by and interpreted in accordance with the laws of the State of
				  Maine.
___________________________
(NAME)
STATE OF MAINE__________________ County,
				  ____________________, 20__.
(County) (date)
Personally appeared before me the above named
				  ____________________________, who swore to the truth of the foregoing to the
				  best of (his/her) knowledge, information and belief and acknowledged the
				  foregoing instrument to be (his/her) free act and deed.
________________________________
Notary Public
________________________________
2. Forested buffer, no disturbance
DECLARATION OF RESTRICTIONS (Forested Buffer, No
				  Disturbance)
THIS DECLARATION OF RESTRICTIONS is made this __________day
				  of ______________ , 20___, by _________________________,
				  __________________________________________________ ,
(name) (street address)
____________________, _________________County, Maine,
				  ________ , (herein referred to as the
(city or town) (county) (zip code)
"Declarant", pursuant to a permit received from the Maine
				  Department of Environmental Protection under the
Stormwater Management
				  Law
, to preserve a buffer area on a parcel of land near
				  _______________________, ________________________________________________
				  .
(road name) (known feature and/or town)
WHEREAS, the Declarant holds title to certain real property
				  situated in ________________, Maine
(town)
described in a deed from _________________________to
				  _____________________________, dated
(name) (name of Declarant)
_______________, 20____, and recorded in Book ____ Page ____
				  at the _______________County Registry of Deeds, herein referred to as the
				  "property"; and
WHEREAS, Declarant desires to place certain restrictions,
				  under the terms and conditions herein, over a portion of said real property
				  (hereinafter referred to as the "Restricted Buffer") described as follows:
				  (Note: Insert description of restricted buffer location here)
WHEREAS, pursuant to the
Stormwater Management
				  Law
,
				  38
				  M.R.S.Section420-D and Chapter
				  501
				  of rules promulgated by the Department of Environmental Protection, Declarant
				  has agreed to impose certain restrictions on the Restricted Buffer Area as more
				  particularly set forth herein and has agreed that these restrictions may be
				  enforced by the Maine Department of Environmental Protection or any successor
				  (hereinafter the "MDEP"),
NOW, THEREFORE, the Declarant hereby declares that the
				  Restricted Buffer Area is and shall forever be held, transferred, sold,
				  conveyed, occupied and maintained subject to the conditions and restrictions
				  set forth herein. The Restrictions shall run with the Restricted Buffer Area
				  and shall be binding on all parties having any right, title or interest in and
				  to the Restricted Buffer Area, or any portion thereof, and their heirs,
				  personal representatives, successors, and assigns. Any present or future owner
				  or occupant of the Restricted Buffer Area or any portion thereof, by the
				  acceptance of a deed of conveyance of all or part of the Covenant Area or an
				  instrument conveying any interest therein, whether or not the deed or
				  instrument shall so express, shall be deemed to have accepted the Restricted
				  Buffer Area subject to the Restrictions and shall agree to be bound by, to
				  comply with and to be subject to each and every one of the Restrictions
				  hereinafter set forth.
1.
Restrictions on Restricted Buffer Area
.
				  Unless the owner of the Restricted Buffer Area, or any successors or assigns,
				  obtains the prior written approval of the MDEP, the Restricted Buffer Area must
				  remain undeveloped in perpetuity. To maintain the ability of the Restricted
				  Buffer Area to filter and absorb stormwater, and to maintain compliance with
				  the
Stormwater Management Law
and the permit issued thereunder
				  to the Declarant, the use of the Restricted Buffer Area is hereinafter limited
				  as follows.
a. No soil, loam, peat, sand, gravel, concrete, rock or
				  other mineral substance, refuse, trash, vehicle bodies or parts, rubbish,
				  debris, junk waste, pollutants or other fill material will be placed, stored or
				  dumped on the Restricted Buffer Area, nor shall the topography of the area be
				  altered or manipulated in any way;
b. No trees may be cut or sprayed with biocides except for
				  the normal maintenance of dead, windblown or damaged trees and for pruning of
				  tree branches below a height of 12 feet provided two thirds of the tree's
				  canopy is maintained;
c. No undergrowth, ground cover vegetation, leaf litter,
				  organic duff layer or mineral soil may be disturbed except that one winding
				  path, that is no wider than six feet and that does not provide a downhill
				  channel for runoff, is allowed through the area;
d. No building or other temporary or permanent structure may
				  be constructed, placed or permitted to remain on the Restricted Buffer Area,
				  except for a sign, utility pole or fence;
e. No trucks, cars, dirt bikes, ATVs, bulldozers, backhoes,
				  or other motorized vehicles or mechanical equipment may be permitted on the
				  Restricted Buffer Area;
f. Any level lip spreader directing flow to the Restricted
				  Buffer Area must be regularly inspected and adequately maintained to preserve
				  the function of the level spreader.
Any activity on or use of the Restricted Buffer Area
				  inconsistent with the purpose of these Restrictions is prohibited. Any future
				  alterations or changes in use of the Restricted Buffer Area must receive prior
				  approval in writing from the MDEP. The MDEP may approve such alterations and
				  changes in use if such alterations and uses do not impede the stormwater
				  control and treatment capability of the Restricted Buffer Area or if adequate
				  and appropriate alternative means of stormwater control and treatment are
				  provided.
2.
Enforcement
. The MDEP may enforce any of the
				  Restrictions set forth in Section 1 above.
3.
Binding Effect
. The restrictions set forth
				  herein shall be binding on any present or future owner of the Restricted Buffer
				  Area. If the Restricted Buffer Area is at any time owned by more than one
				  owner, each owner shall be bound by the foregoing restrictions to the extent
				  that any of the Restricted Buffer Area is included within such owner's
				  property.
4.
Amendment
. Any provision contained in this
				  Declaration may be amended or revoked only by the recording of a written
				  instrument or instruments specifying the amendment or the revocation signed by
				  the owner or owners of the Restricted Buffer Area and by the MDEP.
5.
Effective Provisions of Declaration
. Each
				  provision of this Declaration, and any agreement, promise, covenant and
				  undertaking to comply with each provision of this Declaration, shall be deemed
				  a land use restriction running with the land as a burden and upon the title to
				  the Restricted Buffer Area.
6.
Severability
. Invalidity or unenforceability
				  of any provision of this Declaration in whole or in part shall not affect the
				  validity or enforceability of any other provision or any valid and enforceable
				  part of a provision of this Declaration.
7.
Governing Law
. This Declaration shall be
				  governed by and interpreted in accordance with the laws of the State of
				  Maine.
___________________________
(NAME)
STATE OF MAINE, ____________________County, dated
				  __________________, 20__.
(County)
Personally appeared before me the above named
				  _________________________, who swore to the truth of the foregoing to the best
				  of (his/her) knowledge, information and belief and acknowledged the foregoing
				  instrument to be (his/her) free act and deed.
____________________________
Notary Public
____________________________
3. Meadow buffer
DECLARATION OF RESTRICTIONS (Non-Wooded Meadow Buffer)
THIS DECLARATION OF RESTRICTIONS is made this ________day of
				  ____________, 20___, by
_____________________________________,
				  _________________________________________
(name) (street address)
___________________, ________________County, Maine,________,
				  (herein referred to as the
(city or town) (county) (zip code)
"Declarant", pursuant to a permit received from the Maine
				  Department of Environmental Protection under the
Stormwater Management
				  Law
, to preserve a buffer area on a parcel of land near
				  __________________________,
				  ____________________________________________________ .
(road name) (known feature and/or town)
WHEREAS, the Declarant holds title to certain real property
				  situated in _________________, Maine
(town)
described in a deed from _________________________ to
				  ___________________________, dated
(name) (name of Declarant)
_______________, 20____, and recorded in Book ____ Page ____
				  at the _______________County Registry of Deeds, herein referred to as the
				  "property"; and
WHEREAS, Declarant desires to place certain restrictions,
				  under the terms and conditions herein, over a portion of said real property
				  (hereinafter referred to as the "Restricted Buffer") described as follows:
				  (Note: Insert description of restricted buffer location here)
WHEREAS, pursuant to the
Stormwater Management
				  Law
, 38 M.R.S.
A.
Section 420-D and Chapter
				  501
				  of rules promulgated by the Maine Department of Environmental Protection,
				  Declarant has agreed to impose certain restrictions on the Restricted Buffer
				  Area as more particularly set forth herein and has agreed that these
				  restrictions may be enforced by the Maine Department of Environmental
				  Protection or any successor (hereinafter the "MDEP"),
NOW, THEREFORE, the Declarant hereby declares that the
				  Restricted Buffer Area is and shall forever be held, transferred, sold,
				  conveyed, occupied and maintained subject to the conditions and restrictions
				  set forth herein. The Restrictions shall run with the Restricted Buffer Area
				  and shall be binding on all parties having any right, title or interest in and
				  to the Restricted Buffer Area, or any portion thereof, and their heirs,
				  personal representatives, successors, and assigns. Any present or future owner
				  or occupant of the Restricted Buffer Area or any portion thereof, by the
				  acceptance of a deed of conveyance of all or part of the Covenant Area or an
				  instrument conveying any interest therein, whether or not the deed or
				  instrument shall so express, shall be deemed to have accepted the Restricted
				  Buffer Area subject to the Restrictions and shall agree to be bound by, to
				  comply with and to be subject to each and every one of the Restrictions
				  hereinafter set forth.
1.
Restrictions on Restricted Buffer Area
.
				  Unless the owner of the Restricted Buffer Area, or any successors or assigns,
				  obtains the prior written approval of the MDEP, the Restricted Buffer Area must
				  remain undeveloped in perpetuity. To maintain the ability of the Restricted
				  Buffer Area to filter and absorb stormwater, and to maintain compliance with
				  the Stormwater Management Law and the permit issued thereunder to the
				  Declarant, the use of the Restricted Buffer Area is hereinafter limited as
				  follows.
a. No soil, loam, peat, sand, gravel, concrete, rock or other
				  mineral substance, refuse, trash, vehicle bodies or parts, rubbish, debris,
				  junk waste, pollutants or other fill material will be placed, stored or dumped
				  on the Restricted Buffer Area, nor may the topography or the natural mineral
				  soil of the area be altered or manipulated in any way;
b. A dense cover of grassy vegetation must be maintained over
				  the Restricted Buffer Area, except that shrubs, trees and other woody
				  vegetation may also be planted or allowed to grow in the area. The Restricted
				  Buffer Area may not be maintained as a lawn or used as a pasture. If vegetation
				  in the Restricted Buffer Area is mowed, it may be mown no more than two times
				  per year.
c. No building or other temporary or permanent structure may
				  be constructed, placed or permitted to remain on the Restricted Buffer Area,
				  except for a sign, utility pole or fence;
d. No trucks, cars, dirt bikes, ATVs, bulldozers, backhoes,
				  or other motorized vehicles or mechanical equipment may be permitted on the
				  Restricted Buffer Area, except for vehicles used in mowing;
e. Any level lip spreader directing flow to the Restricted
				  Buffer Area must be regularly inspected and adequately maintained to preserve
				  the function of the level spreader.
Any activity on or use of the Restricted Buffer Area
				  inconsistent with the purpose of these Restrictions is prohibited. Any future
				  alterations or changes in use of the Restricted Buffer Area must receive prior
				  approval in writing from the MDEP. The MDEP may approve such alterations and
				  changes in use if such alterations and uses do not impede the stormwater
				  control and treatment capability of the Restricted Buffer Area or if adequate
				  and appropriate alternative means of stormwater control and treatment are
				  provided.
2.
Enforcement
. The MDEP may enforce any of the
				  Restrictions set forth in Section 1 above.
3.
Binding Effect
. The restrictions set forth
				  herein shall be binding on any present or future owner of the Restricted Buffer
				  Area. If the Restricted Buffer Area is at any time owned by more than one
				  owner, each owner shall be bound by the foregoing restrictions to the extent
				  that any of the Restricted Buffer Area is included within such owner's
				  property.
4.
Amendment
. Any provision contained in this
				  Declaration may be amended or revoked only by the recording of a written
				  instrument or instruments specifying the amendment or the revocation signed by
				  the owner or owners of the Restricted Buffer Area and by the MDEP.
5.
Effective Provisions of Declaration
. Each
				  provision of this Declaration, and any agreement, promise, covenant and
				  undertaking to comply with each provision of this Declaration, shall be deemed
				  a land use restriction running with the land as a burden and upon the title to
				  the Restricted Buffer Area.
6.
Severability
. Invalidity or unenforceability
				  of any provision of this Declaration in whole or in part shall not affect the
				  validity or enforceability of any other provision or any valid and enforceable
				  part of a provision of this Declaration.
7.
Governing Law
. This Declaration shall be
				  governed by and interpreted in accordance with the laws of the State of
				  Maine.
______________________________
(NAME)
STATE OF MAINE, ___________________, County, dated
				  ___________________, 20__ .
(County)
Personally appeared before me the above named
				  _______________________, who swore to the truth of the foregoing to the best of
				  (his/her) knowledge, information and belief and acknowledged the foregoing
				  instrument to be (his/her) free act and deed.
________________________________
Notary Public
___________________________________