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 669-21-11 - CROSSINGS OF WATER BODIES

Current through 2024-29, July 17, 2024
A.
APPLICABILITY
. The requirements of Section 11 apply to all
				crossings of stream channels, rivers, ponds, lakes, Great Ponds, nonforested
				freshwater wetlands, coastal wetlands, and freshwater wetlands identified by
				the Department of Inland Fisheries and Wildlife as significant wildlife habitat
				or essential wildlife habitat.
B.
ALL CROSSINGS
1. Crossings must
				allow for fish passage at all times of the year, must not impound water, and
				must allow for the maintenance of normal stream flows.
2.
Determination of flow
.
				Provided they are properly applied and used for the circumstances for which
				they are designed, methods including but not limited to the following are
				acceptable to the Bureau as means of calculating the 10 year and 25 year
				frequency water flows and thereby determining crossing sizes as required in
				this section: The United States Geological Survey (USGS) Methods; specifically:
				Hodgkins, G. 1999.
Estimating the Magnitude of Peak Flows for Streams
				in Maine for Selected Recurrence Intervals
.U.S. Geological Survey.
				Water Resources Investigations Report 99-4008. 45 pp.
3.
Upgrading existing crossings
.
				Extension or enlargement of presently existing crossings must conform to the
				provisions of this section. Any nonconforming existing crossing may continue to
				exist and be maintained, as long as the nonconforming conditions are not made
				more nonconforming; however, any maintenance or repair work done below the
				normal high water line must conform to the provisions of this
				section.
4.
Bureau Permits
				and Permit by Rule
a.
Permits
. An application for a permit must be submitted to the
				Bureau at least 60 days prior to the construction of any new permanent crossing
				or the replacement of a permanent crossing of any waterbody subject to a 250'
				shoreland area as defined by §(4)(W)(1) of this rule, non-forested
				freshwater wetlands larger than 4,300 square feet and any crossing that will
				not conform to permit by rule standards. An individual permit application is
				required for each crossing. The permit application must contain all information
				required by the Bureau, including a description of how negative impacts to the
				resource will be avoided and minimized to the extent practicable. When granting
				a permit the Bureau may impose such reasonable terms and conditions as the
				Bureau considers appropriate in order to satisfy the purpose set forth in its
				governing statutes and rules.
b.
Permit by Rule
. Crossings must conform to standards of this
				section to qualify for permit by rule. If a crossing does not conform to these
				standards an application for a full permit must be submitted per
				§(11)(B)(4)(a) above. A permit by rule must be submitted to the Bureau
				prior to construction, maintenance, alteration, and replacement of permanent
				crossings of waterbodies subject to a 75' shoreland area or adjacent shoreland
				area as defined by §(4)(W)(2) and (3) of this rule except all non-forested
				freshwater wetlands greater than 4,300 square feet which require a permit as
				described in §(11)(B)(4)(a). Multiple crossings within one township or
				municipality may be submitted on one permit by rule form. The permit by rule
				must contain all information required by the Bureau, including:
i. a map showing the location of all proposed
				permanent crossings. Maps must be of sufficient quality and scale for a person
				unfamiliar with the area to locate the crossing;
ii. for any temporary or permanent crossing
				that requires a permit from state or federal agencies, a copy of the approved
				permit or permits; and,
iii. a
				statement signed by the permit applicant that all temporary and permanent
				crossings will be constructed, maintained, and closed out in accordance with
				the requirements of this chapter.
c.
Exception
A permit or permit
				by rule is not required for the repair and maintenance of an existing crossing
				or for the replacement of an existing crossing, including ancillary crossing
				installation activities such as excavation and filling, in any protected
				natural resource area, as long as:
i. Erosion
				control measures are taken to prevent sedimentation of the water;
ii. The crossing does not block passage for
				fish in the protected natural resource area;
iii. For replacement crossings of a river,
				stream or brook:
a. The replacement crossing
				is designed, installed and maintained to match the natural stream grade to
				avoid drops or perching; and
b. As
				site conditions allow, crossing structures that are not open bottomed are
				embedded in the stream bottom at least 25% of the culvert or other structure's
				diameter, except that a crossing structure does not have to be embedded more
				than 2 feet.
iv. The
				Bureau is notified prior to the activity in accordance with §(11)(B)(6) of
				this rule.
For purposes of this subsection, "repair and maintenance"
				  includes but is not limited to the riprapping of sideslopes or culvert ends;
				  removing debris and blockages within the crossing structure and at its inlet
				  and outlet; and installing or replacing culvert ends if less than 50% of the
				  crossing structure is being replaced.
5.
Other Agency Permits
a. Any timber harvesting and related
				activities involving the design, construction, and maintenance of crossings on
				water bodies other than a stream channel or river, including crossings of
				Significant River Segments and freshwater wetlands identified by the Department
				of Inland Fisheries and Wildlife as significant wildlife habitat or essential
				wildlife habitat, may require a permit from the US Army Corps of Engineers.
				When a permit is required, the crossing is not required to meet the standards
				of this section provided it conforms with all applicable state and federal
				requirements and any permit conditions.
b. Any timber harvesting and related
				activities involving the design, construction, and maintenance of crossings of
				freshwater wetlands identified by the Department of Inland Fisheries and
				Wildlife as essential wildlife habitat require prior consultation with the
				Department of Inland Fisheries and Wildlife.
6.
Notice to Bureau
.
				Notification to the Bureau is required prior to construction, maintenance,
				alteration, and replacement of crossings. Written notice of all temporary and
				permanent water body crossing construction, maintenance, alteration, and
				replacement activities in shoreland areas regulated by this rule must be given
				to the Bureau prior to the commencement of such activities. Multiple crossings
				within one township or municipality may be submitted on one notification form.
				Such notice must contain all information required by the Bureau, including:
a. a map showing the location of all proposed
				permanent crossings.Maps must be of sufficient quality and scale for a person
				unfamiliar with the area to locate the crossing;
b. for any temporary or permanent crossing
				that requires a permit from state or federal agencies, a copy of the approved
				permit or permits; and,
c. a
				statement signed by the responsible party that all temporary and permanent
				crossings will be constructed, maintained, and closed out in accordance with
				the requirements of this chapter.