reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 335 - SIGNIFICANT WILDLIFE HABITAT › Section 096-335-11 - Shorebird nesting, feeding, and staging areas

Current through 2024-29, July 17, 2024
Shorebird nesting, feeding, and staging areas, and a zone
				  surrounding those areas, are significant wildlife habitats. The zone
				  surrounding a shorebird feeding area is 100 feet wide, and is referred to as
				  "the feeding buffer". The zone surrounding a shorebird roosting area is 250
				  feet wide and is referred to as "the roosting buffer". Shorebird species
				  include the members of the families Scolopacidae, Charadriidae, and
				  Haematopodidae, including, but not limited to, sandpipers and plovers. A
				  complete list of species is provided in the Maine Department of Inland
				  Fisheries and Wildlife (IF&W) procedures for classifying significant
				  shorebird habitat. An activity that takes place in, on, or over a shorebird
				  nesting, feeding, and staging area habitat must meet the standards of this
				  chapter. Shorebird habitats subject to this chapter are depicted on a GIS data
				  layer maintained by IF&W and available from either IF&W or the
				  department. To date, IF&W has not adopted a definition of nesting area
				  habitat, and therefore no criteria are presently included in this chapter.
Maine feeding and staging areas provide migrating shorebirds
				  with the food resources to acquire the large fat reserves necessary to fuel
				  their transoceanic migration to wintering areas. Shorebird staging habitats
				  include both feeding areas where shorebirds congregate to feed and roosting
				  areas used by shorebirds to rest during high water when feeding areas are
				  unavailable.
A.
Definitions.
(1) Shorebird feeding area. A
				shorebird feeding or staging area that is not a roosting area. The shorebird
				feeding area includes a 100-foot-wide surrounding buffer referred to as "the
				feeding buffer".
(2) Shorebird
				roosting area. A shorebird feeding or staging area that is also a roosting
				area. The shorebird roosting area includes a 250-foot-wide buffer referred to
				as "the roosting buffer".
(3)
				Staging. Staging areas include areas used for feeding, roosting, and loafing
				during spring and fall migration and post-breeding dispersal.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 342 - SIGNIFICANT GROUNDWATER WELLS › Section 096-342-1 - Introduction

Current through 2024-29, July 17, 2024
This chapter describes the fee structure of the Department of
				  Environmental Protection (department) for funding contracts with third party
				  environmental professionals who provide supplemental technical review and
				  assessment of monitoring information related to significant groundwater wells.
				  This chapter also describes a public information meeting requirement. Rules
				  concerning the fee structure and public information meetings are required by
An Act Concerning the Sustainable Use of and Planning for Water
				  Resources,
PL 2007, ch. 399(14) and (15) (effective September 20, 2007)
				  as amended by
An Act to Clarify the Laws Regarding Significant
				  Groundwater Wells,
PL 2009, ch. 295 (3) and (4) (effective September
				  12, 2009). This chapter also addresses pre-application and pre-submission
				  meetings.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 342 - SIGNIFICANT GROUNDWATER WELLS › Section 096-342-2 - Applicability

Current through 2024-29, July 17, 2024
This chapter applies to a significant groundwater well that
				  requires a permit from the department pursuant to the
Natural Resources
				  Protection Act (NRPA)
,
				   38 M.R.S.A
				  §§480-A -
				  480-G
				  G, or requires approval as part of a development requiring a permit from the
				  department pursuant to the
Site Location of Development (Site
				  Law)
,
				   38
				  M.R.S.A.§§481 -
				  490.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 342 - SIGNIFICANT GROUNDWATER WELLS › Section 096-342-3 - Definitions

Current through 2024-29, July 17, 2024
For purposes of this chapter only, the following terms have
				  the following meanings.
A.
Department.
"Department" refers to the Maine Department of Environmental
				Protection.
B.
Permit.
"Permit" refers to a permit issued pursuant to the NRPA for a
				significant groundwater well or a permit issued pursuant to the Site Law for a
				development containing a significant groundwater well.
C.
Permittee. "
Permittee" refers
				to a person with a permit issued pursuant to the NRPA for a significant
				groundwater well or a person with a permit issued pursuant to the Site Law for
				a development containing a significant groundwater well.
D.
Significant groundwater well.
"Significant groundwater well" has the same meaning as in 38
				M.R.S.A.§480-B(9-A) except that for purposes of this rule a development or
				part of a development requiring a permit pursuant to the Site Law or a
				structure or development requiring a permit from the Maine Land Use Regulation
				Commission is not excluded from the definition of "significant groundwater
				well."
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 342 - SIGNIFICANT GROUNDWATER WELLS › Section 096-342-4 - Fee

Current through 2024-29, July 17, 2024
A.
When payment is due.
The
				permittee shall pay the full annual fee due for the period January to December
				by the following April 1. The base fee is prorated if the significant
				groundwater well is permitted by the department during this period.
B.
Base fee plus sliding-scale fee.
The annual fee includes a base fee plus a sliding-scale fee for each
				department permit. The base fee is a flat amount applicable to all significant
				groundwater wells authorized under a single permit. The sliding-scale fee
				relates to the total gallons of water pumped by a significant groundwater well
				or wells authorized under a single permit during the previous period (January
				through December).
(1) The base fee is $250.
				The sliding-scale fee is $50/million gallons pumped or fraction thereof.
Example: A development permitted pursuant to the Site Law
				  includes 5 significant groundwater wells that pumped a total of 2.7 million
				  gallons from January through December. The annual fee: $250 base fee plus $150
				  sliding-scale fee = $400.
(2) The permittee shall submit to the
				department a certified statement on a form provided by the department
				indicating total gallons pumped from January 1 through December 31 by a
				significant groundwater well or wells for each department permit, together with
				the annual fee, by the following April 1. The department may require a
				permittee to submit pumping records or other relevant documentation to verify
				total and per-well amounts.
(3) In
				the absence of the receipt of timely, acceptable documentation, the department
				may determine the total annual gallons pumped and require an annual fee based
				upon evidence available to the department concerning pumping during the
				applicable period, such as the following:
(a)
				Volumes reported to the Water Withdrawal Reporting Program;
(b) Monitoring information submitted to the
				department;
(c) Pumping limits
				established by the department; and
(d) Any other information available to the
				department.
(4) When a
				well is permanently put out of production and the permit has been modified
				accordingly as provided in Section 5(B), the annual fee is pro-rated for the
				period the well was open.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 342 - SIGNIFICANT GROUNDWATER WELLS › Section 096-342-5 - Exclusion from the fee requirement

Current through 2024-29, July 17, 2024
A.
Well
				with minor required monitoring.
A well authorized by the department
				under the NRPA or Site Law for which the department has not required monitoring
				related to pumping or water levels, other than during the initial pump test and
				any background and recovery monitoring.
B.
Water returned to the same bedrock
				or surficial aquifer.
The volume of groundwater that is withdrawn and
				returned to the same bedrock or surficial aquifer from which it was withdrawn
				as determined by the department, such as water withdrawn for geothermal
				purposes and not discharged.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 342 - SIGNIFICANT GROUNDWATER WELLS › Section 096-342-6 - Permit modification when a well is removed from production

Current through 2024-29, July 17, 2024
If a significant groundwater well permitted pursuant to the
				  Site Law or the NRPA is capped or otherwise permanently removed from
				  production, the permittee may apply to the department for a modification of the
				  permit to reflect any decrease in the permit limit.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 342 - SIGNIFICANT GROUNDWATER WELLS › Section 096-342-7 - Public informational meeting

Current through 2024-29, July 17, 2024
A public informational meeting must be held prior to
				  submission of a new application for a significant groundwater well pursuant to
				  the NRPA. The applicant shall meet the public information meeting requirements
				  in Section 13 of
Rules Concerning the Processing of Applications,
06-096 CMR 2, without regard to whether a pre-application meeting is
				  required in 06-096 CMR 2.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 342 - SIGNIFICANT GROUNDWATER WELLS › Section 096-342-8 - Pre-application and pre-submission meeting

Current through 2024-29, July 17, 2024
A pre-application meeting is required prior to submission to
				  the department of a new application for a significant groundwater well pursuant
				  to the NRPA. The applicant must meet the requirements in Section 10 of Rules
				  Concerning the Processing of Applications, 06-096 CMR 2. A pre-submission
				  meeting is required unless waived as provided in 06-096 CMR 2(10)(D).
NOTE: See
Rules Concerning the Processing of
				  Applications and Other Administrative Matters,
06-096 CMR 2 for
				  requirements applicable to a Site Law development concerning public information
				  meetings, and pre-application and pre-submission meetings.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 355 - COASTAL SAND DUNE RULES › Section 096-355-1 - Introduction

Current through 2024-29, July 17, 2024
Coastal sand dune systems are fragile, dynamic resources that
				  comprise only about two percent of Maine's overall coastline. These sandy
				  stretches are considered resources of state significance since they act as
				  natural barriers that protect the shoreline from storm events. In addition,
				  they have great scenic beauty and unique characteristics. They provide vital
				  habitat for a variety of wildlife and they provide unsurpassed recreational
				  opportunities. Many of the sandy beaches and dunes along Maine's coastline are
				  eroding, in part, due to a scientifically documented rise in relative sea
				  level. In addition, attempts to prevent erosion and flooding through the
				  construction or enlargement of seawalls harm the beach and dune system.
				  Seawalls reflect waves onto the beach causing sand to be scoured away and they
				  cut off the natural supply of sand to the beach from the sand dune behind the
				  wall.
The department recognizes the dynamic nature of coastal sand
				  dune systems in response to the changing conditions of water levels, waves, and
				  winds. The extent to which sea level will change in the future is uncertain.
				  However, the department anticipates that sea level will rise approximately two
				  feet in the next 100 years. Under any scenario of increasing sea level, the
				  extensive development of sand dune areas and the construction of structures
				  increase the risk of harm, to both the coastal sand dune system and the
				  structures themselves.
In  38 M.R.S.A. §480-A, the Legislature stated that the
				  State's coastal sand dunes systems are resources of state significance and that
				  "there is a need to facilitate research, develop management programs and
				  establish sound environmental standards that will prevent the degradation of
				  and encourage the enhancement of these resources". In order to protect valuable
				  coastal sand dune systems, the department will evaluate proposed developments
				  with consideration given to future sea level rise and will impose restrictions
				  on the density and location of development and on the size of
				  structures.
Proposed activities in a coastal sand dune system must meet
				  the standards set forth in this chapter and  38 M.R.S.A. §480-D. As a term
				  or condition of a permit, additional requirements may be established by the
				  department to ensure that the proposed activity will meet the statutory
				  criteria. The department will deny a permit if the proposed activity does not
				  meet the statutory criteria and standards contained in this
				  chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 355 - COASTAL SAND DUNE RULES › Section 096-355-2 - Applicability

Current through 2024-29, July 17, 2024
A.
Activity requiring individual
				permit
. This chapter applies to an activity that is located in a coastal
				sand dune system and requires an individual permit pursuant to the
Natural Resources Protection Act
(NRPA). Certain activities
				taking place in a coastal sand dune system may also be in a coastal wetland, as
				defined in  38 M.R.S.A. §480-B, and be subject to both this chapter and
				Chapter 310, the
Wetland Protection Rules
.
B.
Activity for which this chapter is
				not applicable
. This chapter does not apply to an activity that is
				exempt from permit requirements under the NRPA or that qualifies for a NRPA
				Permit By Rule (PBR).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 355 - COASTAL SAND DUNE RULES › Section 096-355-3 - Definitions

Current through 2024-29, July 17, 2024
A.
A-Zone.
That land area of
				special flood hazard subject to a one percent or greater chance of flooding in
				any given year. These areas are designated as Zones A, A1-A99, AH or AO on a
				town's Flood Insurance Rate Map (FIRM). The flood elevation or depth of
				flooding is usually shown on the map.
Note
: AO-Zones involve more sand transport and
				  hazard to property than other A-Zones. FEMA recommends Coastal AO-Zones be
				  treated as V-Zones for design and risk analysis. In terms of sand transport and
				  flooding, AO-Zones act more like V-Zones, with only a foot of sea-level rise
				  (or lowering of the beach and dune profile) an AO-Zone will become a
				  V-Zone.
B.
Back
				dunes.
Back dunes consist of sand dunes and eolian sand flats that lie
				landward of the frontal dune or a low energy beach. Back dunes include those
				areas containing artificial fill over back dune sands or over wetlands adjacent
				to the coastal sand dune system.
C.
Beach.
The zone of unconsolidated sand or gravel that extends
				landward from the mean low water line to the seaward toe of a dune. The
				definition of beach includes the beach face and berm.
D.
Beach nourishment.
The
				artificial addition of sand, gravel or other similar natural material to a
				beach or subtidal area adjacent to a beach.
E.
Berm.
The flat or gently
				sloping area between the high tide limit and the frontal dune. A berm is formed
				by deposition of sand transported to shore by tides, waves, wind, and
				currents.
F.
Building.
A structure designed for habitation, shelter, storage, or as a gathering place
				that has a roof. For the purposes of this rule, the foundation is considered to
				be a part of the building. A porch with a roof, attached to the exterior walls
				of a building, is considered part of the building.
G.
Building's value.
The
				building's value may be determined in one of two ways:
(1) the assessed value of a building as
				established by the town and adjusted by the state's certified ratio as applied
				to the town on the date that the application is accepted for processing by the
				department or, if the application is received after the work has begun, the
				date the activity was started; or
(2) the appraised value of a building as
				established by an appraised market value assessment completed by a state
				certified appraiser within 5 years prior to the date that the application is
				accepted for processing by the department or, if the application is received
				after the work has begun, the date the activity was
				started.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 355 - COASTAL SAND DUNE RULES › Section 096-355-4 - Review not required

Current through 2024-29, July 17, 2024
This section clarifies when certain activities in coastal
				  sand dune systems do not require approval pursuant to the NRPA. Permits are
				  required for all other projects.
A.
De minimis
activity.
The following activities
				have minimal impacts and are not considered to be included in the listed
				activities requiring a permit at  38 M.R.S.A. §480-C(2).
(1) Construction of a walkway or path on an
				area of the lot that has already been developed.
(2) Removal of debris from a beach, provided
				that little or no sand is removed with the debris.
(3) The addition of loam to maintain an
				existing lawn, provided that the total depth of loam supporting the lawn does
				not exceed 3 inches.
(4) Removal of
				sand from lawns, walkways, roads, driveways, parking areas, and buildings,
				provided the sand is placed back into the coastal sand dune system without
				disturbing dune vegetation. Sand placed on the beach must be spread out to a
				height no greater than 3 inches above the existing beach grade.
(5) The placement of an open fence in the
				coastal sand dune system that is used to keep pedestrian traffic off dune
				vegetation or away from Designated Essential Habitat or significant wildlife
				habitat areas.
(6) The replacement
				of an existing partial or full foundation with a post or piling foundation that
				complies with the requirements of 5(D) and 6(G), that allows for the free
				movement of sand and water and that remains in the existing
				footprint.
(7) Construction of a
				municipal sewer or stormwater outfall pipe that is buried and that has received
				approval from the department under Chapter 310,
Wetlands and
				Waterbodies Protection Rule
, including appurtenant structures that
				might be located in an upland area.
(8) Removal of seaweed from the beach by hand
				or mechanical means provided the seaweed is not removed from the coastal sand
				dune system and does not disturb dune vegetation.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 355 - COASTAL SAND DUNE RULES › Section 096-355-5 - Standards for all projects

Current through 2024-29, July 17, 2024
Note:
Selected activities may be eligible under
				  Chapter 305,
Permit By Rule
.
A.
Timeframe for building
				reconstruction
. All building reconstruction that does not qualify as
				maintenance and repair (Sections 3(X) and 4(C)) requires a permit. The building
				to be reconstructed must exist on the date an application is accepted for
				processing by the department or have lawfully existed within one year of the
				date an application is accepted for processing by the department.
B.
Development on individual
				lots.
Development on an individual lot is restricted as follows:
(1) No more than 40% of a lot may be covered
				by development, including land area previously developed. Lawns and other areas
				filled for landscaping are considered development and must be included in the
				development calculations.
(2) If
				development exceeds 40% of the total lot area on the date that an application
				is accepted for processing by the department or did exceed 40% of the total lot
				area within one year of the date that an application is accepted for processing
				by the department, the percentage of lot area covered by development may not be
				increased.
(3) Land area within the
				V-zone may not be included as part of a lot for the purposes of this
				subsection.
(4) No building may be
				constructed such that any part extends seaward of a line drawn between the
				seaward-most point of buildings on adjacent properties where such construction
				would significantly obstruct the view from an adjacent building.
(5) No additional land may be covered by
				development or buildings as a result of lot subdivisions created after August
				1, 1983.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 355 - COASTAL SAND DUNE RULES › Section 096-355-7 - Standards for back dune projects

Current through 2024-29, July 17, 2024
A.
General
				standards
. Each back dune project must meet the standards for all
				projects contained in Section 5.
B.
Development on individual lots
. No more than 20% of the total area
				of a lot may be covered by the footprint of a building(s). If total building
				coverage exceeds 20% of the total lot area on the date that an application is
				accepted for processing by the department or did exceed 20% of the total lot
				area within one year of the date that an application is accepted for processing
				by the department, the percentage of lot area covered by buildings may not be
				increased.
C.
Unstable back
				dune areas
. Certain back dune areas may be identified as erosion hazard
				areas. New buildings, additions to existing buildings, and reconstructed
				buildings located in those areas must meet the standards of Section
				6(G).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 355 - COASTAL SAND DUNE RULES › Section 096-355-8 - Standards for beach nourishment projects

Current through 2024-29, July 17, 2024
A.
Beach nourishment material.
Only material that has texture and
				color characteristics consistent with the natural beach material's texture and
				color characteristics, and that has a similar particle size may be utilized for
				beach nourishment, unless a different grain size is more compatible with the
				natural sand dune system. Material for beach nourishment may be obtained from,
				but is not limited to, the following sources. The first two listed sources of
				material are presumed to be preferable to the third listed source of material.
(1) Beneficial reuse of material dredged from
				Maine's federal channels and harbors by the United States Army Corps of
				Engineers (ACOE);
(2) Material
				excavated from upland sources; and
(3) Material dredged from near shore and
				offshore waters provided that the dredging complies with the standards in
				Chapter 310,
Wetlands and Waterbodies Protection Rules
and  38
				M.R.S.A. §§480-A to 480-Z.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 355 - COASTAL SAND DUNE RULES › Section 096-355-9 - Variances

Current through 2024-29, July 17, 2024
A.
Variance from Sections 5(B)(3), 6(B)
				 and 6(C)
. The department may grant a variance from Sections 5(B) 3, 6(B)
				and 6(C) in whole or in part for the construction of a building on a previously
				undeveloped lot under single ownership
(1) An
				applicant is eligible for a variance pursuant to this section if the applicant
				meets one of the two qualifying conditions below.
(a) A court has determined that the denial of
				a permit under this chapter would constitute an unconstitutional taking of
				property after an appeal, if any, or
(b) The department finds that strict
				application of the standard(s) from which a variance is sought would result in
				undue hardship. The department may find that undue hardship exists only when:
(i) The undeveloped lot was a deeded lot of
				record as of August 1, 1983;
(ii)
				The property cannot be put to a practical economic use unless a variance is
				granted. In making this determination, the department shall consider evidence
				of the value of the property when it was purchased or acquired, the reasonable
				expectations of the applicant for use of the property when it was purchased or
				acquired, and the value and possible uses of the property without the requested
				variance;
(iii) The hardship is not
				the result of action taken by the applicant or a prior owner; and
(iv) There are no practicable measures or
				alternatives that would allow the project to proceed in compliance with the
				standard(s) from which a variance is sought. The applicant shall demonstrate
				that the applicant has explored all alternatives that would allow the project
				to proceed in compliance with the standard(s) from which a variance is sought,
				and shall explain to the satisfaction of the department why each such
				alternative is unavailable or unreasonable.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 371 - DEFINITIONS OF TERMS USED IN SITE LOCATION OF DEVELOPMENT LAW AND REGULATIONS › Section 096-371-1 - Definitions

Current through 2024-29, July 17, 2024
A.
Board
. "Board" means the
				Board of Environmental Protection.
B.
Borrow pit
. "Borrow pit", as
				used in 38 M.R.S.A. Section482(2), means an excavation for sand, fill or
				gravel.
(1) Borrow pits in existence before
				January 1, 1970, which are expanded or intended to be expanded by five acres or
				more after that date, do not qualify for exemption under 38 M.R.S.A.
				Section482(2), unless regulated by the Maine Department of
				Transportation.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-1 - Scope of Review

Current through 2024-29, July 17, 2024
In reviewing applications for approval of proposed
				  developments under the Site Location Law, the Board shall consider the size,
				  location, and nature of the proposed development in relation to:
A. The potential primary, secondary, and
				cumulative impacts of the development on the character, quality, and uses of
				the land, air, and water on the development site and on the area likely to be
				affected by the proposed development; and
B. The potential effects on the protection
				and preservation of the public's health, safety, and general welfare.
NOTE: The Board considers the primary, secondary, and
				  cumulative impacts of a proposed development in relation to the areas of
				  concern articulated in the criteria for approval of 38 M.R.S.A. Section484 as
				  interpreted by these regulations. "Cumulative impacts" refer to those impacts
				  that are realized when the incremental effects of individual developments add
				  up to the point where certain thresholds* of tolerance are
				  exceeded.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-2 - Nature of Terms and Conditions

Current through 2024-29, July 17, 2024
As specified in Section 483 of the Site Location Law, the
				  Board may place terms and conditions on the approval of a proposed development.
				  However, terms and conditions shall address themselves to specifying particular
				  means of satisfying minor or easily corrected problems, or both, relating to
				  compliance with the Site Location Law and shall not substitute for or reduce
				  the burden of proof of the developer to affirmatively demonstrate to the Board
				  that each of the standards of the Site Location Law has been met.
NOTE: In the case of In re: Belgrade Shores, Inc., 371 A.2d
				  413, 416 (1977), the Supreme Judicial Court of Maine stated:
"In addition to the express authority to impose conditions
				  conveyed by Section 483, Section 481 mandates a 'flexible and practical'
				  approach to site regulation. A series of disapprovals pending the applicant's
				  correction of deficiencies in its proposal would achieve the same effect as
				  conditional approval. We therefore view the choice between those two methods as
				  a question of semantics and, as such, fully within the Board's discretion under
				  Section 483. Further, we believe this conclusion consistent with the pragmatism
				  espoused in Section 481. "
"That the Board found non-compliance with two of the four
				  criteria listed in Section 484 does not, as appellants claim, require
				  disapproval. Such a result would be neither practical nor flexible where the
				  noncompliance is minor, easily corrected, or both."
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-3 - Board Jurisdiction

Current through 2024-29, July 17, 2024
The Board acquires jurisdiction under the Site Location Law
				  when a person makes the first overt act in furtherance of an intent to
				  construct or operate a development as defined in
				   38 M.R.S.A.
				  Section482(2).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-4 - Completeness of Application

Current through 2024-29, July 17, 2024
If in the opinion of the Staff an application for approval of
				  a development under the Site Location Law is incomplete, the application may be
				  returned to the applicant with an indication of the information which needs to
				  be supplied; and, no further processing shall occur until the application is
				  determined to be complete. The statutory time period within which the Board
				  must act on an application under
				  
				  38 M.R.S.A. Section483 shall not begin until
				  the application is determined to be complete by the Staff.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-5 - Requirement of Additional Information

Current through 2024-29, July 17, 2024
In reviewing applications determined to be complete, the
				  Board or Staff may require additional information from the applicant on any
				  aspect of the proposed development relating to compliance with the standards of
				   38 M.R.S.A.
				  Section484.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-6 - Advisory Rulings

Current through 2024-29, July 17, 2024
All requests for advisory rulings on the applicability of the
				  Site Location Law to particular situations or on other matters shall be based
				  on existent facts and not on hypothetical situations. Such requests shall be
				  made in writing and addressed to the Bureau of Watershed Management, Department
				  of Environmental Protection, State House Station 17, Augusta, ME 04333.
				  Issuance of advisory rulings is discretionary with the Department on a
				  case-by-case basis.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-7 - Access to the Site

Current through 2024-29, July 17, 2024
The filing of an application for approval of a development
				  constitutes the granting of permission by the applicant to allow authorized
				  application reviewers access to the site of the proposed development in order
				  to evaluate whether or not the proposed development will meet the standards as
				  stated in
				  38 M.R.S.A.
				  Section484.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-8 - Approval Not Contingent Upon Other Approvals

Current through 2024-29, July 17, 2024
Approval of applications under the Site Location Law is not
				  contingent upon the applicant having obtained, prior to filing, other
				  appropriate federal, state or municipal approvals, licenses, permits,
				  etc.
NOTE: Standard Conditions of Approval require such permits
				  prior to commencing construction.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-9 - Title, Right or Interest

Current through 2024-29, July 17, 2024
The Department will consider an application only when an
				  applicant has demonstrated sufficient title, right, or interest in all of the
				  property which is proposed for development or use. An applicant shall
				  demonstrate in writing sufficient title, right, or interest, as follows:
A. When the applicant claims ownership of the
				property, copies of the deeds to the property shall be supplied.
B. When the applicant has an option to buy
				the property, a copy of the option agreement shall be supplied. Option
				agreements shall contain terms deemed sufficient by the Board to establish
				future title.
C. When the applicant
				has a lease on the property, a copy of the lease shall be supplied. The lease
				shall be of sufficient duration, as determined by the Board, to permit
				construction and reasonable use of the development.
D. When the applicant has eminent domain
				power over the property, evidence shall be supplied of the ability and intent
				to use the eminent domain power to acquire sufficient title, right or interest
				as determined by the Board.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-10 - Phased Development

Current through 2024-29, July 17, 2024
The Board requires that an application for approval include
				  present plans for all phases of a development to be undertaken on a parcel. In
				  the absence of evidence sufficient to approve all phases of the proposed
				  development, the Board may approve one or more phases of the development based
				  on the evidence then available. Approval of phases, however, shall be based on
				  compliance of the entire proposed development with the standards of the Site
				  Location Law.
NOTE: A proper analysis of the potential primary, secondary
				  and cumulative impacts of a proposed development can be made only when all
				  phases of a proposed development are considered. Also, the plans for site
				  modification and pollution mitigation need to be based on the entire extent of
				  a proposed development in order to insure their effectiveness in accomplishing
				  the desired objectives.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-11 - Association Responsible for Common Facilities or Properties

Current through 2024-29, July 17, 2024
Applications for developments with common facilities or
				  properties, whose operation or maintenance will require the cooperation of more
				  than one person, other than the developer, to satisfy the standards of
				   38 M.R.S.A.
				  Section484 over the life of the development,
				  shall include a detailed description of the nature of the person or association
				  which will be responsible for operating or maintaining the common facilities or
				  properties of the development.
NOTE: Examples of types of developments which may require a
				  person or association to be responsible for operating or maintaining common
				  facilities or properties are residential subdivision with private interior
				  roads, common sewage treatment or water supply facilities, or community-owned
				  open space; condominiums; shopping centers; and multi-family residential
				  developments with commonly maintained facilities.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-13 - Severability

Current through 2024-29, July 17, 2024
Should any provision of these regulations be declared invalid
				  or ineffective by court decision, the decision shall not invalidate any other
				  provision of these regulations.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 373 - FINANCIAL AND TECHNICAL CAPACITY STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-373-1 - Introduction

Current through 2024-29, July 17, 2024
This chapter relates to the financial capacity and technical
				  ability standard of the
Site Location of Development Act
(Site
				  Law).
				  38 M.R.S.
				  §484(1). To obtain a
				  Site Law permit an applicant must demonstrate the financial capacity and
				  technical ability to design, construct, operate and maintain the development in
				  compliance with state environmental standards and the terms and conditions of
				  the permit.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 373 - FINANCIAL AND TECHNICAL CAPACITY STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-373-3 - Technical Ability

Current through 2024-29, July 17, 2024
A.
Standards.
The developer shall have the technical ability to
				design, construct, operate, and maintain the proposed development in a manner
				consistent with the permit and state environmental standards.
(1)
Capability
. Project
				personnel must be capable of properly designing, installing, operating and
				maintaining the proposed project in accordance with state environmental
				standards.
(2)
Adaptation
. If the applicant's technical personnel have never
				before designed, constructed, and operated a development like the one proposed,
				competent engineering and field operational personnel must be available who can
				adapt their training and experience to accomplish the required tasks.
(3)
Prior conduct
. The
				Department may consider evidence regarding the developer's prior conduct as a
				measure of willingness and ability to meet all terms and conditions of approval
				established by the Department.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 375 - NO ADVERSE ENVIRONMENTAL EFFECT STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-375-1 - No Unreasonable Adverse Effect On Air Quality

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department
				recognizes that point source emissions from certain types of commercial and
				industrial developments and solid waste disposal facilities and non-point
				source emissions deriving from industrial, commercial, and governmental
				developments can have an unreasonable adverse effect on air quality.
B.
Scope of Review
. In
				determining whether the proposed development will have an unreasonable adverse
				effect on ambient air quality, through point or non-point sources of chemical
				pollutants or particulate matter, the Department shall consider all relevant
				evidence to that effect, such as evidence that:
(1) The best practicable treatment of point
				sources of air pollution will be utilized and that point source emissions meet
				state ambient air quality standards and state emissions standards.
(2) The amount of air pollution produced from
				either point or non-point sources of air emissions will be consistent with the
				Board's "Policy on Air Quality Use," adopted March 28, 1979.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 375 - NO ADVERSE ENVIRONMENTAL EFFECT STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-375-2 - No Unreasonable Alteration of Climate

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department recognizes the potential of large-scale,
				heavy industrial facilities, such as power generating plants, to affect the
				climate in the vicinity of their location by causing changes in climatic
				characteristics such as rainfall, fog, and relative humidity
				patterns.
B.
Scope of
				Review
. In determining whether the proposed development will cause an
				unreasonable alteration of climate, the Department shall consider all relevant
				evidence to that effect.
C.
Submissions
. Applications for approval of large-scale, heavy
				industrial developments, such as power generating plants, shall include
				evidence that affirmatively demonstrates that there will be no unreasonable
				alteration of climate, including information such as the following, when
				appropriate:
(1) Evidence that the proposed
				development will not unreasonably alter the existing cloud cover, fog, or
				rainfall characteristics of the area.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 375 - NO ADVERSE ENVIRONMENTAL EFFECT STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-375-3 - No Unreasonable Alteration of Natural Drainage Ways

Current through 2024-29, July 17, 2024
A.
Scope of Review
. In
				determining whether the proposed development will cause an unreasonable
				alteration of natural drainage ways, the Department shall consider all relevant
				evidence to that effect, such as evidence that:
(1) Where a development site is traversed by
				a natural water course, drainage way, channel, or stream, a drainage
				right-of-way will be provided that substantially conforms with the lines of
				such natural water courses. Such rights-of-way shall be at least thirty feet in
				width.
(2) Any grading or other
				construction activity on the site will cause no unreasonable alteration of
				natural drainage ways such that drainage, other than that which occurred prior
				to development, will adversely affect adjacent parcels of land and that
				drainage ways flowing from adjacent parcels of land to the development site
				will be impeded.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 375 - NO ADVERSE ENVIRONMENTAL EFFECT STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-375-4 - No Unreasonable Effect on Runoff/Infiltration Relationships

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department
				recognizes that same developments cause unreasonable increases in stormwater
				runoff by decreasing the infiltrative capacity of the soils on a development
				site. The Department also recognizes that increases in stormwater runoff cause
				increased danger of flooding, the pollution of surface water bodies, and the
				depletion of groundwater resources.
B.
Scope of Review
. In
				determining whether the proposed development will have an unreasonable effect
				on runoff/infiltration relationships, the Department shall consider all
				relevant evidence to that effect, such as evidence that:
(1) A stormwater management system will
				infiltrate, detain, or retain water falling on the site during a storm of an
				intensity equal to a twenty-five year, twenty-four hour storm such that the
				rate of flow of stormwater from the development does not exceed the rate of
				outflow of stormwater from the site prior to the undertaking of the
				development.
(a) Developments which convey
				stormwater directly into the ocean (excluding estuarine tidewaters) exclusively
				in manmade piped or open drainage systems are exempt from the requirements of
				this subsection.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 375 - NO ADVERSE ENVIRONMENTAL EFFECT STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-375-5 - Erosion and Sedimentation Control

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department recognizes the importance of controlling
				erosion and sedimentation to protect water quality and wildlife and fisheries
				habitat. Additionally, the Department considers topsoil to be a natural
				resource which should be properly managed. Control of erosion and sedimentation
				is a concern both during and after construction activities.
B.
Scope of Review
. In
				determining whether the developer has made adequate provision for controlling
				erosion and sedimentation, the Department shall consider all relevant evidence
				to that effect, such as evidence that:
(1)
				All earth changes will be designed, constructed, and completed in such a manner
				so that the exposed area of any disturbed land will be limited to the shortest
				period of time possible.
(2)
				Sediment caused by accelerated soil erosion will be removed from runoff water
				before it leaves the development site.
(3) Any temporary or permanent facility
				designed and constructed for the conveyance of water around, through, or from
				the development site will be designed to limit the water flow to a non-erosive
				velocity.
(4) Permanent soil
				erosion control measures for all slopes, channels, ditches, or any disturbed
				land area will be completed within fifteen calendar days after final grading
				has been completed. When it is not possible or practical to permanently
				stabilize disturbed land, temporary erosion control measures will be
				implemented within thirty calendar days of the exposure of soil.
(5) When vegetative cover will be established
				as a temporary or permanent erosion control measure:
(a) Plant species to be used and the seeding
				rates will take into account soil, slope, climate, and duration and use of the
				vegetative cover.
(b) Mulch will be
				provided at rates appropriate to ensure a minimum of soil and seed loss until
				an acceptable "catch" of seed is obtained.
(c) Reseeding will be done within a
				reasonable period of time if there is not an acceptable "catch".
(6) All development plans will
				incorporate building designs and street layouts that fit and utilize existing
				topography and desirable natural surroundings to the fullest extent
				possible.