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 096-305-9 - Crossings (utility lines, pipes and cables)

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the installation, maintenance and replacement of an overhead utility
				line across a river, stream or brook excluding outstanding river segments
				identified in 38 M.R.S.A. Section
				480- P.
(2) This section applies to the installation,
				maintenance and replacement of a submerged utility line across a coastal
				wetland, freshwater wetland, great pond, river, stream, or brook excluding
				outstanding river segments identified in 38 M.R.S.A. Section
				480- P.
(3) This section applies to the installation,
				maintenance and replacement of an overhead utility line across or adjacent to a
				coastal wetland, freshwater wetland or great pond provided the line is within
				the right-of-way of, or adjacent to the path of, an existing traveled
				way.
(4) This section does not
				apply to a submerged utility crossing that is part of a larger project
				involving multiple crossings of a natural resource or more than one natural
				resource. Projects consisting of multiple natural resource crossings must
				obtain an individual permit under the Natural Resources Protection
				Act.
(5) This section does not
				apply to an activity that is not or will not be in compliance with the terms
				and conditions of permits issued under the Site Location of Development Law, 38
				M.R.S.A. Sections
				481 to
				490, the Storm Water Management Law,
				38 M.R.S.A. Section
				420- D, or the Natural Resources
				Protection Act, 38 M.R.S.A. Sections
				480-A to
				480- Z.
(6) This section does not apply to an
				activity that will not conform to the local shoreland zoning
				ordinance.
NOTES:
(1) Contact
				the local Code Enforcement Officer for information on local shoreland zoning
				requirements.
(2) In a great pond,
				the placement of water lines to serve a single-family house or the installation
				of cables for utilities, such as telephone and power cables, is exempt from
				NRPA permit requirements under 38 M.R.S.A. Section
				480-Q(1) provided
				that the:
(a) Excavated trench for access to
				the water is backfilled and riprapped to prevent erosion;
(b) Excavated trench on the landward side of
				the riprapped area is seeded and mulched to prevent erosion; and
(c) Bureau of Parks and Lands has approved
				the placement of the cable across the bottom of the great pond to the extent
				that it has jurisdiction.
(3) Approval for crossing any state-owned
				(submerged) land must be obtained from the Department of Conservation, Bureau
				of Parks and Lands, State House Station 22, Augusta, ME 04333.
(4) A permit will be required from the US
				Army Corps of Engineers for the following types of projects:
(a) Any activity involving open trench
				excavation in a waterbody or where the impact (direct and indirect) to wetlands
				exceeds 4,300 square feet;
(b) Any
				activity in coastal waterways;
(c)
				Any activity within a river, stream or brook between October 2 and July 14
				;or
(d) Any activity involving work
				in waterways designated as Essential Fish Habitat for Atlantic salmon including
				all aquatic habitats in the watersheds of the following rivers and streams,
				including all tributaries to the extent that they are currently or were
				historically accessible for salmon migration: St. Croix, Boyden, Dennys, Hobart
				Stream, Aroostook, East Machias, Machias, Pleasant, Narraguagus, Tunk Stream,
				Patten Stream, Orland, Penobscot, Passagassawaukeag, Union, Ducktrap,
				Sheepscot, Kennebec, Androscoggin, Presumpscot, and Saco River.
A copy of the PBR notification and original photographs, not
				  photocopies, should be submitted to the Corps of Engineers for these activities
				  (US Army Corps of Engineers, 675 Western Avenue, Suite #3, Manchester, ME
				  04351. Tel. (207) 623-8367).