Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 501 - STORMWATER MANAGEMENT COMPENSATION FEES AND MITIGATION CREDIT › Section 096-501-3 - Mitigation through compensation fees or projects

Current through 2024-29, July 17, 2024
This Section applies to projects for which the applicant pays
				  a compensation fee and/or undertakes mitigation through compensation projects
				  in order to meet, or in lieu of meeting, certain stormwater standards.
				  Mitigation projects eliminate off-site sources, or may reduce on-site sources
				  as provided in this Section.
A.
Projects required to meet the urban impaired stream standard
(1)
Compensation fees or mitigation
				credits used to meet the urban impaired stream standard
. If a project is
				required to meet the urban impaired stream standard described in 06-096CMR ch.
				500subsection (4)(D), compensation fees or mitigation credits used to meet the
				urban impaired standard are determined based on Table 1, whether or not the
				developed area will be receiving treatment to meet the general standards.
Table 1
Compensation or Mitigation Based on Development
				  Type
Type of surface
Compensation fee (per acre*)
Mitigation credits required (per
							 acre*)
Non-roof impervious area
$12,500
0.5 credits
Roof
$5,000
0.2 credits
Landscaped area
$2,500
0.1 credits
*fees or credits for fractions of an acre are
				  prorated.
(2)
Compensation fees
. Compensation fees may only be used in
				watersheds where a compensation fee utilization plan developed by a
				municipality or other entity has been approved by the Department. Acompensation
				fee utilization plan specifies how funds received from an applicant will be
				allocated to reduce the impact of stormwater pollution to an urban impaired
				stream. A plan must include provision to ensure that money will only be used
				for the intended purpose through establishment of a dedicated account. If a
				compensation fee utilization plan is proposed by an entity other than a
				municipality, the entity must demonstrate that the plan has been submitted to
				the municipality in which the project is located for review and adoption prior
				to submittal of an application to the Department.
(3)
Amount of mitigation
				credit
. Table 2 indicates the amount of on-site or off-site mitigation
				credit earned by a project in the direct watershed of an urban impaired stream
				for a variety of allowed off-site and on-site pre-development mitigation
				activities.
Table 2
Mitigation Credits Based on Type of Activity and Type
				  of Development
Mitigation activity
Development type
Credit earned (per acre* treated)
Retrofit with general standards at 1/3 required
							 sizing or with approved flow through sedimentation device
Road or high use parking lot
0.5 credit
Medium use parking lot
0.4 credit
Other parking lot
0.3 credit
Roof or other impervious area
0.2 credit
Landscaped area
0.1 credit
Retrofit with general standards at 2/3 required
							 sizing
Road or high use parking lot
1.0 credit
Medium use parking lot
0.8credit
Other parking lot
0.6 credit
Roof or other impervious area
0.4 credit
Landscaped area
0.2 credit
Retrofit with general standards at required
							 sizing
Road or high use parking lot
1.5 credit
Medium use parking lot
1.2credit
Other parking lot
0.9 credit
Roof or other impervious area
0.6 credit
Landscaped area
0.3 credit
Eliminate impervious source area, replace with
							 landscaped area
Road or high use parking lot
1.0 credit
Medium use parking lot
0.7 credit
Other parking lot
0.4 credit
Roof or other impervious area
0.2 credit
Eliminate impervious source area, replace with
							 a designed planting and approved maintenance plan that will result in a
							 forest
Road or high use parking lot
2.0 credit
Medium use parking lot
1.5 credit
Other parking lot
1.0 credit
Roof or other impervious area
0.5 credit
Retrofit detention with vegetated gravel
							 under-drains
Impervious areas only
0.5 credit
*credits earned for fractions of an acreare prorated.
In addition to the use of on-site or off-site mitigation or
				  compensation fees, the Department may approve other mitigation measures on a
				  case-by-case basis. Other measures proposed by an applicant must provide at
				  least equivalent protection as measures described in Table 2 above, as
				  determined by the Department.
(4)
Reduction of compensation fees or mitigation credit for
				projects in watersheds with an approved watershed management plan
. The
				Department may waive or reduce compensation fees or mitigation credit if a
				municipality, or quasi-municipal entity having jurisdiction over the area in
				which the project is located has developed and is implementing a watershed
				management plan for the watershed in which the project is located. The
				watershed management plan must be approved by the Department as meeting the
				purpose of restoring water quality. Within a designated growth area of a
				municipality with an adopted comprehensive plan that the Maine Department of
				Agriculture, Conservation & Forestry has found to be consistent with the
				Planning and Land Use Regulation Act, or within a watershed located in a
				Service Center Community identified pursuant to
				30-A
				M.R.S.§4301(14-A),
				implementation of the watershed management plan may be deferred for up to five
				years from the date of Department approval, or until state or federal financial
				assistance is available, whichever comes first.