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 096-305-12 - Restoration of natural areas

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the restoration of an altered portion of a coastal wetland,
				freshwater wetland, great pond, river, stream or brook to its pre-existing
				natural condition through the removal of fill, structures or debris which is
				located in, on over, or adjacent to the natural resource.
(2) This section applies to the removal of
				non-native species and the planting of natural vegetation in any protected
				resource.
(3) This section applies
				to the retrieval of sand from below the normal high water line for
				redistribution on an existing adjacent sand beach on a great pond.
(4) This section applies to the restoration
				of the natural grade within a dredged area of a freshwater or coastal
				wetland.
(5) This section does not
				apply to:
(a) Restoration or replacement of a
				structure or unnatural condition such as the installation of a dam
				structure;
(b) Conversion of
				existing natural wetlands to wetland of a different type through flooding,
				inundation or other means;
(c)
				Dredging of silt, sand or soil materials which have been naturally deposited
				from a great pond, river, stream or brook, coastal wetland or freshwater
				wetland except that eroded sand may be retrieved from a great pond for
				redistribution on an existing adjacent sand beach;
(d) Mining of gravel or other mineral
				materials from a river, stream, or brook;
(e) Replacement of eroded soil material in
				areas above, below and adjacent to the normal high water mark of a great pond,
				river, stream or brook, freshwater wetland, or coastal wetland, except that
				sand may be regraded on an existing sand beach;
(f) Removal of a man-made dam
				structure;
(g) Draining of a
				freshwater wetland to convert an area to upland; or
(h) An activity occurring within a coastal
				sand dune system.
(6)
				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.
(7) This section does not apply to an
				activity that will not conform to the local shoreland zoning
				ordinance.
NOTE:
(1) Contact
				the local Code Enforcement Officer for information on local shoreland zoning
				requirements.
(2) A permit will be
				required from the US Army Corps of Engineers for the following types of
				projects:
(a) Any activity involving impacts
				(direct and secondary) to freshwater wetlands;
(b) Any activity within a coastal
				wetland;
(c) Any activity within an
				open water area;
(d) Any activity
				within a river, stream or brook between October 2 and July 14; or
(e) 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 form 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).