Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 335 - SIGNIFICANT WILDLIFE HABITAT › Section 096-335-3 - General standards applicable to all activities

Current through 2024-29, July 17, 2024
A.
Avoidance
. An activity that
				would degrade the significant wildlife habitat, disturb the subject wildlife,
				or affect the continued use of the significant wildlife habitat by the subject
				wildlife, either during or as a result of the activity, will be considered to
				have an unreasonable impact if there is a practicable alternative to the
				project that would be less damaging to the environment.
B.
Minimal alteration
.
				Alteration of the habitat and disturbance of subject wildlife must be kept to
				the minimum amount necessary by, among other methods, minimizing the size of
				the alteration, the duration of the activity, and its proximity to the
				significant wildlife habitat and subject wildlife. Temporary structures must be
				used instead of permanent structures wherever possible when they would be more
				protective of the significant wildlife habitat or subject wildlife.
C.
No unreasonable impact
. Even
				if the activity has no practicable alternative, and the applicant has minimized
				the proposed alteration as much as possible, the application will be denied if
				the activity will have an unreasonable impact on protected natural resources or
				the subject wildlife. "Unreasonable impact" means that one or more of the
				standards of the NRPA at 38 M.R.S.A. §480-D will not be met. In making
				this determination, the department considers the area of the significant
				wildlife habitat affected by the activity, including areas beyond the physical
				boundaries of the project and the cumulative effects of frequent minor
				alterations of significant wildlife habitats.
In order to meet the "harm to habitats; fisheries" standard
				  at 38 M.R.S.A. §480-D(3), the following requirements must be met.
(1) Unreasonable degradation, disturbance, or
				effect. The activity may not unreasonably degrade the significant wildlife
				habitat, unreasonably disturb subject wildlife, or unreasonably affect the
				continued use of the site by the subject wildlife.
A specific impact may require mitigation on-site or within
				  close proximity to the affected significant wildlife habitat in order to lessen
				  the severity of the impact. For example, altering a portion of a shorebird
				  feeding area that is providing critical habitat for migratory shorebirds will
				  likely require mitigation on-site to ensure that potential effects of the
				  proposed activity are reduced. Mitigation methods may include the
				  implementation of a buffer enhancement plan, deed restriction or other methods
				  as determined by the department.
(2) Timing. The department may require that
				construction activities occur during a time when impacts on protected habitats,
				wildlife, fisheries and aquatic life will be minimized, such as outside of any
				critical nesting or breeding periods or similar critical periods, depending on
				the specific habitat and species. For example, an activity that could
				potentially cause sedimentation, such as excavation, may not be carried out
				during times of the year when fish are spawning. This requirement must be met
				unless the work can only practically be completed at that time, and it is
				determined by the department that the impacts to the protected natural resource
				will be short term, and will not result in permanent harm to fish, wildlife, or
				marine resources.